BIRMINGHAM CITY CODE

____________

Published in 1994 by Order of the City Commission

Adopted July 18, 1994

____________

>

OFFICIALS

of the

CITY OF

BIRMINGHAM, MICHIGAN

AT THE TIME OF THIS CODIFICATION

____________

Robert A. DeLaura

Mayor

____________

Dante J. Lanzetta, Jr.

Mayor Pro Tem

____________

Archie Damman

A. Randolph Judd

Rex A. Martin

Eleanor A. Siewert
Mike Wooley

City Council

____________

Thomas M. Markus

City Manager

____________

Timothy Currier
Beier, Howlett, P.C.

City Attorney

____________

Judith A. Benn

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Birmingham, Michigan.

Source materials used in the preparation of the Code were the 1963 Code, as supplemented through November 11, 1991, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1963 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix.

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLES	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Allen Z. Paul, Supervising Editor, and Ron McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Judith A. Benn, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

CITY OF BIRMINGHAM
ORDINANCE NO. 1594

An Ordinance to Adopt a New City Code for the City of Birmingham, Michigan, by Reference, to Repeal Conflicting Ordinances, and to Provide Penalties for the Violation Thereof.

The City of Birmingham Ordains:

Section 1. The Birmingham City Code as published by the Municipal Code Corporation consisting of Chapters 1 through 127 is hereby adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before February 28, 1994, and not included in the Code or recognized and continued in force by reference therein, are hereby repealed. The repeal of the above ordinances and any part thereof shall not release of [or] relinquish any penalty, forfeiture or liability incurred under such ordinance or part thereof, and such ordinances shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.

Section 3. Complete printed copies of the City Code shall be available during regular business hours for public inspection and use at the Office of the City Clerk.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days, or both fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, revocation of licenses or permits and civil recourse.

Section 5. Any additions or amendments to the Birmingham City Code when passed in the form so as to indicate the intention of the City Commission to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes all such additions and amendments.

Section 6. Ordinances adopted after February 28, 1994, that amend or refer to ordinances that have been codified in the Birmingham City Code shall be construed as if they amend or refer to like provisions of the Code. Adopted this 18th day of July, 1994, to become effective upon publication.

	/s/ Robert A. DeLaura,       Mayor

	/s/ Judith A. Benn,       City Clerk

Published July 21, 1994