[HISTORY: Adopted by the Township Board of the Township of Three Oaks as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-2003 by Ord. No. 35]
It shall be unlawful for any person to allow or cause the deposit in any manner of any garbage, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles or other machinery, furniture, glass, oil or any other refuse, debris, litter or other surplus material, herein referred to as "litter and debris," of an unsightly or unsanitary nature along, on or near any public road, street, alley or any other public lands, herein referred to as "public ways," or upon any private property except in a properly maintained landfill licensed by the State of Michigan.
All vehicles used in the removal, collection or transportation of the above-described litter and debris shall be constructed and shall be covered in such a manner as to prevent any portion of such rubbish and trash from leaking, spilling, falling or blowing out of said vehicle onto any public ways or private property. Such vehicle being drawn or driven over the public way or private property shall not be loaded beyond a point which would result in any portion of the contents being spilled therefrom. This requirement does not apply to a vehicle transporting agricultural or horticultural products when hay, straw, silage, or residue from a product, but not including the product itself, or when materials such as water used to preserve and handle agricultural or horticultural products while in transportation escape from the vehicle in an amount that does not interfere with other traffic on the highway. The tailgate, faucets, and taps on a vehicle shall be securely closed to prevent spillage during transportation, whether the vehicle is loaded or empty, and the vehicle shall not have any holes or cracks through which material can escape.
Except as provided in Subsection C involving litter from a leased vehicle, in a proceeding for a violation involving litter from a motor vehicle, proof that the particular vehicle described in the citation, complaint, or warrant was issued in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the registered owner of the vehicle at the time of the violation, constitutes an evidentiary presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
The driver of a vehicle is presumed to be responsible for litter that is thrown, dumped, deposited, placed, or left from the vehicle on public or private property.
In a proceeding for a violation involving litter from a leased motor vehicle, proof that the particular vehicle described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the lessee of the vehicle at the time of the violation, constitutes an evidentiary presumption that the lessee of the vehicle was the driver of the vehicle at the time of the violation.
All such vehicles shall be kept in a clean and sanitary condition at all times, and shall be at all times subject to inspection by any police officer or health officer, or any other person duly authorized by the Three Oaks Township Board.
In case any of the contents of such vehicles shall become blown or scattered on any above described public way or private property, the person in charge thereof shall immediately gather up or cause to be gathered up any such blown or scattered material. In the event such litter and debris is not cleaned up, the Township of Three Oaks will be damaged by the depositing of the above-described litter and debris, and the cost of removal of such material will become a significant expense to the Township. It is hereby declared the intention of the Township that persons responsible for such expenses shall bear the costs of the same. In order to recover the cost of the removal of such material, the Township may bring a civil action in the Berrien County Trial Court against any person believed to be responsible for depositing such material. The amount of an offer of settlement shall be determined by including such factors as may be reasonably considered to be damages and cost to the Township resulting from the violation complained of, including the cost of correcting such violation. The Township, in order to avoid the necessity of the institution of such action, may make an offer of settlement through its Zoning Administrator to those persons believed to be responsible for depositing such material. If agreement is reached, and the agreed amount of damages paid to the Township, no civil action need be instituted by the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons, partnership or corporation who shall violate any of the provisions of this article is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter 29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter 29, Municipal Civil Infractions.
Each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
Should any section, clause, or provision of this article be declared by any court to be invalid, the same shall not affect the validity of this article as a whole, or any part thereof, other than the part so declared to be invalid.
[Adopted 8-1-2019 by Ord. No. 56]
This article shall be known and cited as the "Three Oaks Township Litter and Debris Ordinance."
Litter and debris. No person, firm, or corporation shall permit any junk, debris, waste material, combustible material, or other miscellaneous unused, unsanitary or dangerous material or equipment, or other source of filth or cause of sickness to accumulate in unreasonable or abnormal quantities in, on, or adjoining the property owned or occupied by such person, firm, or corporation. The Township Ordinance Enforcement Officer, based upon the following standards, shall make the determination of whether such accumulation is unreasonable and abnormal.
The use district classification in which such property is located under the provisions of Chapter 380, Zoning, with residential use district classifications permitting less such accumulations than commercial or industrial use district classifications.
The density of population or building structures in the area adjoining such property with the restrictions against such accumulations becoming more strict as the population or building structures become more dense.
The existence of disease, rodents, or other evidence of unsanitary conditions or causes of sickness connected therewith.
The likelihood of such accumulation creating a nuisance or cause of sickness or an unsanitary or unsafe condition.
Receptacles. The owner or occupant of every dwelling or other building located within the Township of Three Oaks shall provide the same with proper and appropriate covered receptacles of nonabsorbent material for holding garbage, refuse, ashes, rubbish, or other waste material, commensurate with use being made of such building. Such receptacles shall further be kept clean and sanitary at all times and shall be regularly and frequently emptied, either by a rubbish and garbage collection agency or by the occupant or owner of the premises, in properly designated areas off the premises. Such receptacles shall further be used by the occupants of the premises for all such garbage, refuse, ashes, rubbish, and other waste material not otherwise disposed of off the premises in properly designated areas.
Inoperable vehicles. No person, firm or corporation shall park or store on premises primarily used or zoned for residential purposes within the Township any motor vehicle or boat which is not in operating condition and which cannot be propelled under its own power for more than seven days in any one year, unless the same is located within an enclosed building, or unless a special permit therefore is first obtained from the Supervisor or Clerk of Three Oaks Township or such other officer as the Township Board may designate, to be granted only in special hardship cases beyond the control of the applicant, where peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purpose of these regulations are still observed. For purposes of this article, a vehicle or boat not properly licensed or registered for use upon the public roads or waterways is not in operating condition.
Operable vehicles. No person, firm or corporation shall park or store upon premises primarily used or zoned for residential purposes within the Township more than one motor vehicle or boat in operating condition which is not regularly used for the purpose for which it was manufactured or designed unless the same is located within an enclosed building or unless a special permit thereof is first obtained from the Supervisor or Clerk of Three Oaks Township or such other officer as the Township Board may designate, to be granted only in special hardship cases beyond the control of the applicant, where peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purpose of these regulations are still observed.
Disassembled vehicles. Any motor vehicle or boat being dismantled for the sale of parts there from or any motor vehicle or boat which has main component parts missing or unattached shall be deemed inoperable for the purpose of this article. The foregoing is not to be construed to be inclusive of all inoperable vehicles covered by this article, but merely descriptive of a particular class of such vehicles.
Purpose. The purpose of these regulations pertaining to motor vehicles and boats is to limit and restrict the outdoor storage or unreasonable accumulation of junk cars, boats, or vehicles, unused cars or vehicles, and dilapidated, nonoperating motor vehicles upon premises used or zoned for residential purposes, to thereby avoid injury and hazards to children attracted to such vehicles, and the psychological ill effect of the presence of such vehicles upon adjoining residents and property owners.
Any person who disobeys, neglects or refuses to comply with any provision of this article or who causes, allows or consents to any of the same shall be deemed to be responsible for the violation of this article. A violation of this article is deemed to be a nuisance per se.
A violation of this article is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500, in the discretion of the court. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction pursuant to MCLA § 600.8727.
Each day during which any violation continues shall be deemed a separate offense.
In addition, the Township may seek injunctive relief against persons alleged to be in violation of this article, and such other relief as may be provided by law.
This article shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person(s) as designated by the Township Board from time to time.
The provisions of this article are hereby declared to be severable. If any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such article, which shall continue in full force and effect.
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
This article shall take effect the 31st day after publication.
This article or a summary shall be published as required by law in a newspaper of general circulation in the Township, promptly after its adoption, and shall be recorded in the Code book of the Township and such recording authenticated by the signatures of the Township Supervisor and Township Clerk.