DETROIT CITY CODE

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Volume I

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Published by Order of the City Council, 1984

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Adopted: August 1, 1984
Effective: January 1, 1985

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CITY OFFICIALS
of the
CITY OF DETROIT

Mayor

DENNIS W. ARCHER

City Council

Maryann Mahaffey, President
Gil Hill, President, Pro Tem

Clyde Cleveland
Sheila M. Cockrel
Kay Everett
Nicholas Hood, III
Mel Ravitz
Brenda M. Scott
Alberta Tinsley-Williams

City Clerk

JACKIE L. CURRIE

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CITY CODE REVISION COMMITTEE

Thomas R. Killian, Chairman

Dale Hardeman
Michael W. Kerwin
Michael E. Turner
Nancy Vanderbeek

PREFACE

This volume contains five parts: Part I, Home Rule Charter; Part II, Executive Organization Plan; Part III, Detroit City Code; Part IV, Constitution of the State of Michigan, 1963; Part V, Home Rule Cities Incorporation Act. Part III, the Detroit City Code, is a recodification of the 1964 Detroit City Code as supplemented through June 23, 1978, and subsequent amendments thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each new section is indicated by 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 Disposition Tables appearing in the back of the volume, the disposition of any ordinance or 1964 Code section can be readily found.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of three component parts separated by dashes, the first figure representing the chapter number, the second figure representing the article number and the last figure indicating the position of the section within the article. Thus, the first section of Chapter 1 is numbered 1-1-1 and the third section of Article I of Chapter 4 is 4-1-3. Under this system, each section is identified with its chapter and article and, at the same time, new sections or even whole chapters and articles can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-1-4 and 4-1-5 is desired to be added, such new sections would be numbered, 4-1-4.1, 4-1-4.2 and 4-1-4.3, respectively. New chapters and articles may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles, divisions and subdivisions 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, in the case of divisions, may be placed at the end of the article embracing the subject, and, in the case of subdivisions, may be placed at the end of the division embracing the subject, the next successive numbering being assigned to the article, division or subdivision.

Index

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

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be up-to-date periodically. Upon final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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 publishers 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 references purposes.

Acknowledgments

The publication of this Code was under the direct supervision of George R. Langford, President, and Bill Carroll, Supervising 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 assistant throughout the project.

	MUNICIPAL CODE CORPORATION
	Tallahassee, Florida

 

ORDINANCE NO. 593-H

Recodifying the City Code as provided for in Section 4-117 of the Detroit City Charter

An ORDINANCE adopting a revision and codification of the ordinances of the City of Detroit entitled "The Detroit City Code"; establishing the same; providing for repeal of certain ordinances not included herein; providing for the manner of adopting such Code; and providing when such Code and the ordinance shall become effective.

It is hereby ordained by the People of the City of Detroit:

Section 1.  The city council hereby adopts a Municipal Code for the City of Detroit to be entitled The Detroit City Code, published in 1983 by order of the city council, pursuant to authority granted by Michigan Home Rule Cities Act [MCL 117.5b; MSA 5.2084(2)] containing certain ordinances of a general and permanent nature, as complied, consolidated, amended, revised, rearranged, codified and indexed in Chapters 1—61 inclusive of which Code at least one complete copy has been and is now filed in the office of the city clerk and shall there remain for public use and inspection. The aforesaid code includes the ordinances of the City of Detroit set out in the 1964 Municipal Code of the City of Detroit and all ordinances of said city of the "H" series. The aforesaid Code is published as the Detroit City Code, 1984 which compiles ordinances adopted by the city council up to and including December 31, 1980, plus published supplements to this Code up to and including all ordinances passed by the city council which shall subsequently be published as supplements in the "H" series which designates ordinances amending the 1964 Code of the City of Detroit; up to ordinances identified by the numbered series 84, 85, 86, etc., designating the year of the adoption of the ordinance. Such numbered-sequence ordinances shall refer to all amendments of the 1984 Detroit City Code adopted herewith pursuant to Act 46 of Public Acts of 1960 which provides that an ordinance adopting a municipal code may amend, revise and repeal or rearrange ordinances by reference to title only [MCL 117.5b; MSA 5.2084(2)].

Section 2.  The provisions of said Code shall be in immediate force and effect upon the adoption of this ordinance by the city council and all ordinances of a general and permanent nature adopted on final reading and passage by the city council through and including all ordinances in the "H" series. Any ordinances not contained in this code are hereby repealed upon the adoption of this ordinance except as herein provided.

Section 3.  The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the adoption of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said adoption; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall it affect the annual tax levy; nor shall it affect any ordinance waiving penalties for nonpayment of taxes; nor shall it affect any license, permit, right or franchise conferred by ordinance or resolution of the city on any person, association or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the city officers or employees; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets, alleys, boulevards, avenues, freeways, bridges, tunnels or other public ways in the city; nor shall it affect any ordinance naming, renaming, accepting or dedicating any parks, playgrounds, halls or other public buildings or grounds in the city; nor shall it affect any ordinance adopted on final reading and passage by the city council designated in the "H" series.

Section 4.  In addition to the ordinances specified in Chapter 1 of the 1984 Detroit City Code in which it is expressly provided that nothing in this ordinance or such code shall be construed to repeal or otherwise affect the validity of such ordinances, the following additional ordinances are also expressly saved from repeal and shall remain in full force and effect, being incorporated by reference pursuant to the provisions MCL 117.3; MSA 5.2073 which permit incorporation by reference [of] regulations of home rule cities promulgated under state statutes.

Ordinance No. 705-G (Chapter 9, 1984 Municipal Code), relative to boilers and pressure vessels;

Ordinance No. 706-G (Chapter 9, 1984 Municipal Code), relative to stationary engineer, boiler operator and refrigeration;

Ordinance No. 10-H (Chapter 9, 1984 Municipal Code), relative to building code;

Ordinance No. 211-H and 212-H (Chapter 9, 1984 Municipal Code), relative to the electrical code;

Ordinance No. 255-H and 256-H (Chapter 9, 1984 Municipal Code), relative to the plumbing code;

Ordinance No. 290-H (Chapter 9, 1984 Municipal Code), relative to building code administrative rules;

Ordinance No. 307-H (Chapter 9, 1984 Municipal Code), relative to elevators, escalators, etc;

Ordinance No. 308-H (Chapter 9, 1984 Municipal Code), relative to manlifts;

Ordinance No. 309-H (Chapter 9, 1984 Municipal Code), relative to personnel hoists;

Ordinance No. 310-H (Chapter 9, 1984 Municipal Code), relative to powered service platforms;

Ordinance No. 388-H (Chapter 9, 1984 Municipal Code), relative to the mechanical code;

Ordinance No. 390-H (Chapter 9, 1984 Municipal Code), relative to mechanical code administrative rules and regulations.

Section 5.  Whenever any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor by the Code adopted by this ordinance or in any other ordinances of the city or in any rule, regulation or ordered promulgated by any officer or agency of the city under authority duly vested in him/her or it, and no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance of the city or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or both such fine and imprisonment.

Except where otherwise provided every day that a violation of the code hereby adopted or any other ordinance of the city or such rule, regulation nor order continues shall constitute a separate offense.

Section 6.  It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the Code hereby adopted.

Section 7.  This ordinance is hereby declared necessary for the preservation of the peace, health, safety and welfare of the people of the City of Detroit. This ordinance shall become effective January 1, 1985, unless city council amends this ordinance to establish an earlier or later effective date.

(JCC P. 1292-93	June 27, 1984).
Passed:	August 1, 1984.
Approved:	August 6, 1984.
Published:	August 10, 1984.
Effective:	January 1, 1985.
JAMES H. BRADLEY City Clerk