Nuisances are not to be created or maintained. No owner or occupant,
firm or corporation having control or management of any dwelling or
building, structure excavation, business pursuit, matter or thing,
shall allow any nuisance to be created or to exist on the premises
over which such person, firm or corporation is the owner or exercises
control or management; nor shall any person, firm or corporation occupying
any public or private street, alley way or any premises whatever,
or having control or management thereof, within the limits of the
Village of Michiana, create or maintain a nuisance thereof.
The operating or maintaining of noise-making, noise-amplifying
or noise-producing instruments or devices by which the peace or good
order of the neighborhood is disturbed is hereby declared a nuisance.
No person, firm, association or corporation, by himself or another,
shall operate or maintain any radio, phonograph, player piano, calliope
or other noise-making, noise-amplifying or noise-producing instrument
or device in any public or private place in any manner by which the
peace and good order of the neighborhood is disturbed or persons occupying
property in the neighborhood are disturbed or annoyed.
[Amended 11-21-1994 by Ord. No. 1994-022]
The following regulations shall apply to the control, maintenance
and restriction of domestic animals.
A.
No person shall keep or maintain any livestock of any kind or any
other domestic animal exceeding 250 pounds in weight within the Village
of Michiana except in licensed stables, pet shops or kennels.
B.
No person shall permit any domestic animal to create any loud or
offensive noise, calls or yells, which either annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of the neighborhood,
nor shall any person keep any domestic animal which by causing frequent
or long-continued noise shall disturb the comfort or repose of any
persons in the vicinity. The making or causing of such disturbance
is declared to be a public nuisance.
C.
No person shall permit any domestic animal to go beyond the premises
of the owner unless:
(1)
The domestic animal is properly controlled by leash (not to exceed
10 feet), caged or tethered in such fashion as to provide control
of such domestic animal;
(2)
No person shall permit any domestic animal to continue in any public
building or any public road or on any public beach or on any public
land, unless under complete and adequate restraint. Further, the owner
or person in control of any domestic animal shall remove any animal
waste or feces discharged or deposited by such animal on private property
of others or upon any public land, beach, park, road or other public
property. The depositing of domestic animal waste or feces is declared
to be a public nuisance;
(3)
No person shall permit any domestic animal, whether under restraint
or not, on any public beach of the Village of Michiana, except between
the hours of 6:00 p.m. and 11:00 a.m. EDT from May 1 through October
1 of each year. The failure of the person attending said domestic
animal to remove any animal waste or feces discharged or deposited
by such domestic animal on any public beach shall constitute a violation
of the chapter.
[Amended 8-10-1996]
D.
AUDIBLY IMPAIRED
BLIND PERSON
DEAF PERSON
PHYSICALLY LIMITED
A dog, which is used as a guide or leader dog for a blind person,
a hearing dog for a deaf person or audibly impaired person or a service
dog for a physically limited person, is not subject to the provisions
of the domestic animal regulation provisions of this chapter. As used
in this section, the following terms are defined as:
"Audibly impaired" as defined in Section 1 of Act No. 82
of the Public Acts of 1981, being § 752.61 of the Michigan
Compiled Laws.
A "blind person" as defined in Section 1 of Act No. 260 of
the Public Acts of 1978, being § 393.351 of the Michigan
Compiled Laws.
A "deaf person" as defined in Section 1 of Act No. 82 of
the Public Acts of 1981, being § 752.61 of the Michigan
Compiled Laws.
"Physically limited" as defined in Section 1 of Act No. 1
of the Public Acts of 1966, being § 125.1351 of the Michigan
Compiled Laws.
