NOTICE IS HEREBY GIVEN that at its regular / budget meeting on September 24, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Introduction and First Reading of an amendment to the Township’s Code of Ordinances, Chapter 30, “Offenses,” Section 30-1,

“Definitions” and scheduled a Second Reading of the amendment at a regular meeting to be held on October 8, 2019 to consider adoption of the ordinance as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-30-TBD

PREAMBLE

The Charter Township of Independence has determined that it is appropriate and necessary for the health, safety and welfare of the citizens of the Township to amend the Independence Charter Township Code of Ordinances Chapter 30, (Offenses), Article I, “In General”, Section 30-1, “Definitions”, to conform with definitions of words and phrases in the Michigan Penal Code and Code of Criminal Procedure, as amended.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. AMENDMENT.  Amendment to Chapter 30. Chapter 30 “Offenses”, Article I, “In General”, Section 30-1 “Definitions” of the Code of Ordinances, Charter Township of Independence, is hereby amended to read as follows:

Article I     In General

     Sec. 30-1 Definitions:

In addition to the rules of construction and definitions contained in Chapter 1, Section 1-2, and this Chapter, definitions of words and phrases in the Michigan Penal Code, Public Act No. 328 of 1931, as amended, MCL 750.1- MCL

750.568, and in Chapter 752 of the Michigan Complied Laws for Crimes and Offenses, 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 this Chapter or Code. When used in the Chapter, the following words and phrases are defined as follow:

     Act or doing of an act includes “omission to act”.

     Property means and includes any matter or thing upon or in respect to which any offense may be committed.

     Public place means any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place which is open to the public view, or to which the public has access.

     Writing and written, and any term of the like import, means and includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced and made visible to the eye:

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 ____________, 2019, and ordered to be given publication in the manner prescribed by law.

Ayes:

Nays:

Abstentions:

Absent:

STATE OF MICHIGAN                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on Month XX, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Cari J. Neubeck, Clerk

Introduced: September 24, 2019

Published:  October 2, 2019-Clarkston News

Adopted:

Published:

Effective: