NOTICE IS HEREBY GIVEN that at its regular / budget meeting on October 8, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of an amendment to the Township’s Code of Ordinances, Chapter 30, “Offenses,” Article I, “In General”, Section 30-1 “Definitions as follows:

The following is a summary as prepared by Peter M. Keenan, Charter Township of Independence attorney of Ordinance No. 2019-30-005, as adopted on October 8, 2019. The ordinance amends the definition section (30-1) of Chapter 30 (Offenses) to conform with definitions of words and phrases in the Michigan Penal Code and Code of Criminal Procedure, as amended and is appropriate and necessary for the health, safety and welfare of citizens of the Township.

A true copy of the Ordinance is on file and available for viewing between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-30-005

In the Ordinance, the Township ordains as follows:

SHORT TITLE. Section 1 states the Ordinance shall be known as the “Amendment to Chapter 30 “Offenses”, Article I, “In General”, Section 30-1 “Definitions”.

SCOPE AND APPLICATION OF AMENDED SECTION 30-1

The amended ordinance provides definitions of words and phrases in the Michigan Penal Code MCL 750.1 – MCL 750.568, MCL 752.1 et. seq., and Michigan Code of Criminal Procedure, MCL 761.1 et. seq., shall be deemed to apply when those words and phrases are used but not defined in Chapter 30 or elsewhere in the Township Code of Ordinances.

Section 2. BALANCE OF ORDINANCE REMAINS IN EFFECT.  Chapter 30 Article I of the Independence Code of Ordinances is hereby affirmed and remains in full force and effect, except as specifically modified herein.

Section 3. SEVERABILITY. If any subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 4. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 5. REPEALER. All ordinances or parts of ordinances or Sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 6.  EFFECTIVE DATE.   This Ordinance shall be effective upon publication in the manner prescribed by law.

Section 7. ENACTMENT:  This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on October 8, 2019 and ordered to be given publication in the manner prescribed by law.

Ayes: Brown, Nallamothu, Ritchie, Kittle, Neubeck, Loughrin

Nays: None

Abstentions: None

Absent: Aliaga

Introduced: September 24, 2019

Published:  October 2, 2019-Clarkston News

Adopted:    October 8, 2019

Published:  October 16, 2019-Clarkston News

Effective:             October 16, 2019