[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 2-2-1975 (Ch. 14, Art. IV, of the 2003 Code of Ordinances). Amendments noted
where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any mechanical or other device designed for a particular
use, regardless of whether such use would be manufacturing or industrial,
farming or agricultural, commercial or of a household nature.
All watercraft capable of human transport without regard
to whether a license is required for use upon the waterways of the
state.
New or used goods designed and manufactured for use in construction
or improvement of buildings or structures, or goods which are adapted
to or used for construction or improvement of buildings or structures.
All devices of a mechanical nature not otherwise defined
in this chapter and specifically including inoperative pieces or parts
of motor vehicles, boats and appliances, as well as all tools of every
type and condition.
Any vehicle with two or more wheels, propelled by an engine
fueled with gasoline or any other substance, without regard to whether
or not such vehicle is licensed or licensable for highway use.
The following rebuttable presumptions shall be used in the interpretation
and enforcement of this chapter:
A.
Motor vehicles.
(1)
Motor vehicle not licensed for the current year. A motor vehicle
stored outdoors when such vehicle is licensable for highway use, which
has not been licensed for the current year, and when more than 30
days have passed from the date the state requires such highway vehicle
to be licensed, shall be presumed to be a stored vehicle within the
meaning of this chapter.
(2)
Immobile motor vehicle. A motor vehicle which has been immobile on
a premises within the Village for more than 30 days shall be presumed
to be a stored vehicle within the meaning of this chapter.
(3)
Inoperable motor vehicle. A motor vehicle which is inoperable by
virtue of visibly missing parts or equipment, or which lacks equipment
required by law, for more than 30 days, shall be presumed to be a
stored vehicle within the meaning of this chapter.
B.
Boats.
(1)
Unlicensed boat. Any boat stored outdoors on a premises in the Village,
of a type or class of boat which the state requires to be licensed
for use on its waterways, when more than 30 days have elapsed from
the time the state requires such boat to be licensed for the current
year, shall be presumed to be a damaged or unusable boat and in violation
of this chapter.
(2)
Inoperable boat. Any boat stored outdoors in the Village, which is
not usable for its intended purpose by virtue of its visible condition
or lack of equipment required by law, shall be presumed to be a damaged
or unusable boat in violation of this chapter.
C.
Appliances, machinery, implements or tools and building materials
and supplies. Any appliances, machinery, implements or tools or building
materials and supplies stored outdoors for more than 30 days shall
be presumed to be stored in violation of this chapter.
The owner or occupant of any premises in the Village who will
incur hardship because of provisions of this chapter may apply to
the Village Clerk, upon payment of the sum established by resolution
of the Village Council, for a special permit whereupon the Village
Clerk shall direct the Chief of Police to investigate the situation,
and upon the certification by the Chief of Police that the situation
does not pose any immediate and serious threat to the health, safety
and welfare of the residents of the Village, the Village Clerk shall
issue a permit allowing the continued storage of the motor vehicle,
boat, appliances, machinery, implements or building materials and
supplies, for a period not to exceed 30 days. The special permit shall
be good only for a period of 30 days and may not be consecutively
renewed.
[Amended 11-30-1997 by Ord. No. 207]
A.
It shall be a violation of this chapter for the owner or occupant
of any premises in the Village, regardless of whether such owner or
occupant is an individual person or a corporation, partnership, association
or other entity, to allow or permit the parking or storage, other
than in a completely enclosed structure, of any motor vehicle that
it is not in operating condition, is not properly licensed, or does
not otherwise conform to state requirements for operation on the streets
or highways of the state. An owner or occupant who receives a citation
or notice for violation of this provision shall, upon production of
proof to an officer of the Village Police Department, within 14 days
from the issuance of such citation or notice, that the violation has
been corrected, shall have such citation or notice dismissed.
B.
Exceptions. Motor vehicles may be stored outdoors by the owner or
occupant of such premises if such storage is in the regular course
of the operation of a business or reasonably incidental thereto, provided
such business is in an area zoned by the Village to permit such use
or such business is an established nonconforming use.
A.
Boats of excessive length or width. It shall be a violation of this
chapter for the owner or occupant of any premises in the Village,
regardless of whether such owner or occupant is an individual person
or a corporation, association or other entity, to allow or permit
for more than 30 days the outdoor storage of any boat of a length
which exceeds 23 feet or of a width which exceeds 10 feet, on any
premises in the Village.
B.
Damaged or unusable boats. It shall be a violation of this chapter
for the owner or occupant of any premises in the Village, regardless
of whether such owner or occupant is an individual person or a corporation,
association or other entity, to allow or permit for more than 30 days
the outdoor storage of any boat which has been damaged or which has
deteriorated so as to be unusable for its intended purpose, on any
premises in the Village.
C.
Exceptions. Boats may be stored outdoors by owners and occupants
of premises if such storage is in the regular course of the operation
of a business or reasonably incidental thereto, and provided that
such business is in an area zoned by the Village to permit such use,
or such business is an established nonconforming use.
A.
It shall be a violation of this chapter for the owner or occupant
of any premises in the Village, regardless of whether such owner or
occupant is an individual person or a corporation, partnership, association
or other entity, to allow or permit for more than 30 days the outdoor
storage of appliances on any premises in the Village.
B.
Appliances may be stored outdoors by owners or occupants of any premises
if such storage is in the regular course of the operation of a business
or reasonably incidental thereto, and provided such business is in
an area zoned by the Village to permit such use or is an established
nonconforming use, and provided that such outdoor storage conforms
with all applicable state laws.
A.
It shall be a violation of this chapter for the owner or occupant
of any premises in the Village, regardless of whether such owner or
occupant is an individual person or a corporation, partnership, association
or other entity, to allow or permit for more than 30 days the outdoor
storage of machinery, implements or tools on any premises in the Village.
B.
Machinery, implements or tools may be stored outdoors by the owner
or occupant of any premises in the Village if such storage is in the
regular course of the operation of a business or reasonably incidental
thereto, provided such business is in an area zoned by the Village
to permit such use or is an established nonconforming use.
A.
It shall be a violation of this chapter for the owner or occupant
of any premises in the Village, regardless of whether the owner or
occupant is an individual person or a corporation, partnership, association
or other entity, to allow or permit for more than 30 days the outdoor
storage of building materials and supplies on any premises in the
Village.
B.
Exceptions.
(1)
Building materials and supplies may be stored outdoors by the owner
or occupant of such premises in the Village if such storage is in
the regular course of the operation of a business or reasonably incidental
thereto and such business is in an area zoned by the Village to permit
such use or is an established nonconforming use.
(2)
Building materials and supplies may be kept or stored outdoors in
connection with construction on such premises during the time a valid
building permit for such premises in effect and for a period of time
not to exceed 30 days from the completion of construction or the expiration
of the building permit, whichever is last.
