CHAPTER X.  MISCELLANEOUS CITY RECORDS
	Section 10.1  All records of the city shall be public.

EFFECT OF ILLEGALITY OF ANY PART OF CHARTER
	Section 10.2  Should any portion of this charter be declared void, illegal and
	unconstitutional, such finding shall not invalidate the remainder of the charter.

AMENDMENTS
	Section 10.3  This charter may be amended at any time in the manner provided
	in Act Number 279 of the Public Acts of 1909, as amended. Should two (2) or
	more amendments, adopted at the same election, have conflicting provisions,
	the one receiving the largest affirmative vote shall prevail as to those provisions.
Statutory reference:
	For codified provisions of Public Act 279 of 1909, see M.C.L.A. §§ 117.1 et seq.

CITY RECORDS
	Section 10.4  All books, records, compilations, etc., in and pertaining to any city
	office, elective or appointive, shall be and remain the property of the city.

CITY LIABILITY
	Section 10.5  The city shall not be liable for damages sustained by any person
	to his person or property by reason of the negligence of the city, its officers or
	employees, nor by reason of any defective condition of or obstruction in any
	public place unless such person shall serve or cause to be served upon the
	City Clerk, within sixty (60) days after the injury resulting in such damages
	shall have occurred, a notice in writing, which notice shall be set forth
	substantially the time and place of such injury, the manner in which it occurred,
	the extent of such damages as far as the same has become known, the
	names and addresses of the witnesses known at the time by the claimant, and
	a statement that the person sustaining such damages intends to hold the city
	liable for such damages as may have been sustained by him.

	The city shall not be liable for any damages to person or property arising out of
	any such injury unless there shall have been first presented to the City Clerk a
	claim in writing and under oath setting forth particularly the time, place, nature
	and extent of such injury and the amount of damages claimed by reason
	thereof. No person shall bring any action against the city for any such damages
	until such claim shall have been filed with the City Clerk and until the Council
	shall have been given opportunity to act thereon either by allowing or refusing
	to allow the claim.

	It shall be a sufficient bar and answer in any court to any action or proceeding
	for the collection of any demand or claim against the city under this section that
	the notice of injury and the verified proof of claim as in this section required were
	not presented and filed within the time and in the manner as herein provided.

NO ESTOPPEL
	Section 10.6  No estoppel may be created against the city.

TRUSTS
	Section 10.7  All trusts established for any municipal purpose shall be used and
	continued in accordance with the terms of such trust, subject to the cy pres doctrine.
	The Council may in its discretion receive and hold any property in trust for any
	municipal purpose and shall apply the same to the execution of such trust and for
	no other purpose except in cases where the cy pres doctrine shall apply.

DEFINITION OF PUBLICATION - MAILING OF NOTICES
	Section 10.8  The requirement contained in this charter for the publishing or
	publication of notices, ordinances or proceedings shall be met by publishing any
	appropriate insertion in a newspaper published in the English language for the
	dissemination of news of a general character which newspaper shall have had
	a general circulation at regular intervals in the city for at least two (2) years
	immediately preceding the time that it is used for such publication purposes. The
	affidavit of the printer or publisher of such newspaper, or of his foreman or
	principal clerk, annexed to a printed copy of such notice, ordinance or proceeding
	taken from the paper in which it was published and specifying the times of
	publication shall be prima facie evidence of such publication. In any case in which
	this charter requires the mailing of notices, the affidavit of the officer or employee
	responsible for such mailing that such notice was mailed shall be prima facie
	evidence of such mailing.

SUNDAYS AND HOLIDAYS
	Section 10.9  Whenever the date fixed by this charter for the doing or completion
	of any act falls on a Sunday or legal holiday, such act shall be done or completed
	on the next succeeding day which is not a Sunday or legal holiday.

CHAPTER AND SECTION HEADINGS
	Section 10.10  The chapter, section and sub-section headings used in this charter
	are for convenience only and shall not be considered as part of the charter.

INTERPRETATIONS
	Section 10.11  Except as otherwise specifically provided or indicated by the context:

	10.11:1  All words used in this charter indicating the present tense shall not be
	limited to the time of the adoption of this charter but shall extend to and include the
	time of the happening of any event or requirement for which provision is made herein.

	10.11:2  The singular number shall include the plural, the plural number shall
	include the singular, and the masculine gender shall extend to and include the
	feminine gender and the neuter.

	10.11:3  The word “person” may extend and be applied to bodies politic and corporate
	and to partnerships as well as to individuals.

	10.11:4  The words “printed” and “printing” shall include reproduction by printing,
	engraving, stencil duplicating, lithographing or any similar method.

	10.11:5  Except in reference to signatures, the words “written” and “in writing” shall
	include printing and typewriting.

	10.11:6  The word “office” shall include the members of the Council, the administrative
	officers and the Justice of the Peace. [See Editor's Note at Chapter IX.]

	10.11:7  All references to statutes shall be considered to be references to such
	statutes as amended.

	10.11:8  The word “default” shall be defined to include being delinquent in taxes and
	public utility service charges among its meanings.

	10.11:9  All references to specific Public Acts of the State of Michigan shall be to such
	acts as are in effect at the time the reference to such act is to be applied.

	10.11:10  The words “law” or “general laws of the state” or “statute” denote the
	Constitution and the Public Acts of the State of Michigan in effect at the time the
	provision of the charter containing the words “law” or “general laws of the state” or
	“statutes” is to be applied, and applicable common law.

	10.11:11  All references to section numbers shall refer to section numbers of this
	charter.

	10.11:12  The words “assessed valuation” or “assessed value” shall mean the
	local assessment as approved or changed and corrected through the process
	of state equalization.

PENALTIES FOR VIOLATIONS OF CHARTER
	Section 10.12  Any officer of the city found guilty by a court of competent jurisdiction
	of any act declared by this charter to constitute misconduct in office may be
	punished by a fine of not to exceed five hundred dollars ($500.00) or imprisonment
	for not to exceed ninety (90) days or both in the discretion of the court. The
	punishment provided in this section shall be in addition to that of having the office
	declared vacant, as provided in Section 4.28.
Editor's note:
	The provisions for declaring an office vacant are found at Sections 4.26 and 4.27;
	Section 4.28 deals with removal from office.

TITLE I:  GENERAL PROVISIONS
Chapter

10.  GENERAL PROVISIONS
CHAPTER 10:  GENERAL PROVISIONS
Section

	10.01	Title of code
	10.02	Interpretation
	10.03	Application to future ordinances
	10.04	Captions
	10.05	Definitions
	10.06	Rules of interpretation
	10.07	Severability
	10.08	Reference to other sections
	10.09	Reference to offices or officers
	10.10	Errors and omissions
	10.11	Official time
	10.12	Reasonable time
	10.13	Ordinances repealed
	10.14	Ordinances unaffected
	10.15	Effective date of ordinances
	10.16	Repeal or modification of ordinance
	10.17	Ordinances which amend or supplement code
	10.18	Section histories; statutory references
	10.99	General penalty

§ 10.01  TITLE OF CODE.
	This codification of ordinances by and for the City of Ferrysburg
	shall be designated as the “Ferrysburg City Code.”

§ 10.02  INTERPRETATION.
	Unless otherwise provided herein, or by law or implication required,
	the same rules of construction, definition, and application shall govern
	the interpretation of this code as those governing the interpretation of state law.

§ 10.03  APPLICATION TO FUTURE ORDINANCES.
	All provisions of Title I compatible with future legislation shall apply to
	ordinances hereafter adopted amending or supplementing this code
	unless otherwise specifically provided.

§ 10.04  CAPTIONS.
	Headings and captions used in this code other than the title, chapter,
	and section numbers are employed for reference purposes only and
	shall not be deemed a part of the text of any section.

§ 10.05  DEFINITIONS.
	(A)	General rule.  Words and phrases shall be taken in their plain, or
	ordinary and usual sense. However, technical words and phrases
	having a peculiar and appropriate meaning in law shall be understood
	according to their technical import.

	(B)	Definitions.  For the purpose of this code, the following definitions
	shall apply unless the context clearly indicates or requires a different meaning.

	CITY, MUNICIPAL CORPORATION, or MUNICIPALITY.  The City of
	Ferrysburg, Michigan.

	CITY COUNCIL.  The City Council of the City of Ferrysburg.

	CODE, THIS CODE or THIS CODE OF ORDINANCES.  This municipal code
	as modified by amendment, revision, and adoption of new titles, chapters,
	or sections.

	COUNTY.  Ottawa County, Michigan.

	MAY.  The act referred to is permissive.

	MONTH.  A calendar month.

	OATH.  An affirmation in all cases in which, by law, an affirmation may be
	substituted for an oath, and in such cases the words SWEAR and SWORN
	shall be equivalent to the words AFFIRM and AFFIRMED.

	OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT.  An officer,
	office, employee, commission, or department of this municipality unless the
	context clearly requires otherwise.

	PERSON.  Extends to and includes person, persons, firm, corporation,
	copartnership, trustee, lessee, or receiver. Whenever used in any clause
	prescribing and imposing a penalty, the terms PERSON or WHOEVER as
	applied to any unincorporated entity shall mean the partners or members
	thereof, and as applied to corporations, the officers or agents thereof.

	POLICE DEPARTMENT, FERRYSBURG POLICE DEPARTMENT, or SPRING
	LAKE-FERRYSBURG POLICE DEPARTMENT. The Police Department of the
	City of Ferrysburg. The terms are mutually synonymous.

	PRECEDING or FOLLOWING.  Next before or next after, respectively.

	SHALL.  The act referred to is mandatory.

	SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot
	write.

	STATE.  The State of Michigan.

	SUBCHAPTER.  A division of a chapter, designated in this code by a heading
	in the chapter analysis and a capitalized heading in the body of the chapter,
	setting apart a group of sections related by the subject matter of the heading.
	Not all chapters have subchapters.

	WRITTEN.  Any representation of words, letters, or figures, whether by printing
	or otherwise.

	YEAR.  A calendar year, unless otherwise expressed.

§ 10.06  RULES OF INTERPRETATION.
	The construction of all ordinances of this municipality shall be by the following
	rules, unless such construction is plainly repugnant to the intent of the legislative
	body or of the context of the same ordinance:

	(A)	AND or OR. Either conjunction shall include the other as if written “and/or,”
	if the sense requires it.

	(B)	Acts by assistants. When a statute or ordinance requires an act to be done
	which, by law, an agent or deputy as well may do as the principal, such requisition
	shall be satisfied by the performance of such act by an authorized agent or deputy.

	(C)	Gender; singular and plural; tenses. Words denoting the masculine gender
	shall be deemed to include the feminine and neuter genders; words in the singular
	shall include the plural, and words in the plural shall include the singular; the use
	of a verb in the present tense shall include the future, if applicable.

	(D)	General term. A general term following specific enumeration of terms is not to
	be limited to the class enumerated unless expressly so limited.

§ 10.07  SEVERABILITY.
	If any provision of this code as now or later amended or its application to any
	person or circumstance is held invalid, the invalidity does not affect other
	provisions that can be given effect without the invalid provision or application.
Cross-reference:
	Severability of ordinances, see Charter § 5.22

§ 10.08  REFERENCE TO OTHER SECTIONS.
	Whenever in one section reference is made to another section hereof, such
	reference shall extend and apply to the section referred to as subsequently
	amended, revised, recodified, or renumbered unless the subject matter is
	changed or materially altered by the amendment or revision.

§ 10.09  REFERENCE TO OFFICES OR OFFICERS.
	Reference to a public office or officer shall be deemed to apply to any office,
	officer, or employee of this municipality exercising the powers, duties, or
	functions contemplated in the provision, irrespective of any transfer of functions
	or change in the official title of the functionary.

§ 10.10  ERRORS AND OMISSIONS.
	If a manifest error is discovered, consisting of the misspelling of any words; the
	omission of any word or words necessary to express the intention of the provisions
	affected; the use of a word or words to which no meaning can be attached; or the
	use of a word or words when use of another word or words was clearly intended to
	express such intent, such spelling shall be corrected and such word or words
	shall be supplied, omitted, or substituted as will conform with the manifest intention,
	and the provisions shall have the same effect as though the correct words were
	contained in the text, as originally published. No alteration shall be made or permitted
	if any question exists regarding the nature or extent of such error.

§ 10.11  OFFICIAL TIME.
	The official time, as established by applicable state or federal laws, shall be the
	official time within this municipality for the transaction of all municipal business.

§ 10.12  REASONABLE TIME.
	(A)	In all cases where an ordinance requires an act to be done in a reasonable
	time or requires reasonable notice to be given, reasonable time or notice shall
	be deemed to mean the time which is necessary for a prompt performance of
	such act or the giving of such notice.

	(B)	The time within which an act is to be done, as herein provided, shall be
	computed by excluding the first day and including the last. If the last day is a
	Sunday or a legal holiday, it shall be excluded.

§ 10.13  ORDINANCES REPEALED.
	This code, from and after its effective date, shall contain all of the provisions
	of a general nature pertaining to the subjects herein enumerated and embraced.
	All prior ordinances pertaining to the subjects treated by this code shall be
	deemed repealed from and after the effective date of this code.

§ 10.14  ORDINANCES UNAFFECTED.
	All ordinances of a temporary or special nature and all other ordinances pertaining
	to subjects not embraced in this code shall remain in full force and effect unless
	herein repealed expressly or by necessary implication.

§ 10.15  EFFECTIVE DATE OF ORDINANCES.
	All ordinances passed by the legislative body requiring publication shall take effect
	from and after the due publication thereof, unless otherwise expressly provided.
	Ordinances not requiring publication shall take effect from their passage, unless
	otherwise expressly provided.
Cross-reference:
	Ordinance - publication, see Charter § 5.13
	Definition of publication - mailing of notices, see Charter § 10.8

§ 10.16  REPEAL OR MODIFICATION OF ORDINANCE.
	(A) Whenever any ordinance or part of an ordinance shall be repealed or modified
	by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or
	modified shall continue in force until the due publication of the ordinance repealing
	or modifying it when publication is required to give effect thereto, unless otherwise
	expressly provided.

	(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given,
	secured, or accrued under any ordinance previous to its repeal shall in any way be
	affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as
	fully as if the ordinance had continued in force unless it is otherwise expressly provided.

	(C) When any ordinance repealing a former ordinance, clause, or provision shall be
	itself repealed, the repeal shall not be construed to revive the former ordinance, clause,
	or provision, unless it is expressly provided.
Cross-reference:
	Ordinance form, see Charter § 5.12

§ 10.17  ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
	(A) If the legislative body shall desire to amend any existing chapter or section
	of this code, the chapter or section shall be specifically repealed and a new
	chapter or section, containing the desired amendment, substituted in its place.

	(B) Any ordinance which is proposed to add to the existing code a new chapter
	or section shall indicate, with reference to the arrangement of this code, the proper
	number of such chapter or section. In addition to such indication thereof as may
	appear in the text of the proposed ordinance, a caption or title shall be shown in
	concise form above the ordinance.
Cross-reference:
	Ordinance form, see Charter § 5.12

§ 10.18  SECTION HISTORIES; STATUTORY REFERENCES.
	(A) As histories for the code sections, the specific number and passage date of
	the original ordinance, and the most recent three amending ordinances, if any,
	are listed following the text of the code section.  Example:  (Ord. 10, passed
	5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25,
	passed 1-1-85)

	(B) (1) If a statutory cite is included in the history, this indicates that the text of
	the section reads substantially the same as the statute.  Example:  (M.C.L.A.
	§ 15.231) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

	(2) If a statutory cite is set forth as a “Statutory Reference” following the text of
	the section, this indicates that the reader should refer to that statute for further
	information.

Example:
	§ 39.01 PUBLIC RECORDS AVAILABLE.
		This municipality shall make available to any person for inspection or
		copying all public records, unless otherwise exempted by state law.
	Statutory reference:
		For provisions concerning the inspection of public records, see
		Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et seq.

§ 10.99  GENERAL PENALTY.
	Any person, firm, or corporation who violates any provision of this code for
	which another penalty is not specifically provided shall, upon conviction, be
	subject to a fine not exceeding $500 or imprisonment for not more than 90
	days, or both fine and imprisonment. A separate offense shall be deemed
	committed upon each day during which a violation occurs or continues.
Cross-reference:
	Ordinance - penalty, see Charter § 5.14
Statutory reference:
	Maximum penalty established, see M.C.L.A. § 117.4i(k)