The City Commission finds and declares that the necessity in
the public interest for the provisions and prohibitions hereinafter
contained in this chapter is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions
and prohibitions hereinafter contained are in pursuance of and for
the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare and the peace and quiet of the inhabitants
of the City of Kalamazoo.
As used within this chapter, the following terms shall have
the meanings indicated:
AMBIENCE
Surrounding or background noise associated with a given environment,
usually a composite of sounds from many sources.
ANY PERSON
When referring to persons intended to be protected by the
provisions of this chapter, shall mean a reasonable person of normal
sensitiveness.
BLIGHTED STRUCTURE OR BUILDING
Any dwelling, garage, accessory or outbuilding, or any factory,
shop, store, office building, warehouse, or any other structure or
part of a structure which has one or more of the following:
A.
Is no longer habitable as a dwelling or useful for the purpose
for which it was originally intended because of fire, wind, other
natural disaster, or physical deterioration;
B.
Is partially completed and which is not presently being constructed
under an existing, valid building permit issued by or under the authority
of the City;
C.
Is not structurally sound, weathertight, waterproof or verminproof;
D.
Is not covered by a water-resistant paint or other waterproof
covering so as to protect said structure from the adverse effects
of the elements or from physical deterioration;
E.
Causes or tends to cause devaluation of the subject property
or other properties in the area; or
F.
Which has any of the following conditions:
(2)
Sagging and deteriorating roof.
(3)
Missing and/or damaged siding.
(4)
Broken or deteriorating window.
(6)
Collapsing or collapsed porch or deck.
(7)
Cracked and broken foundation/chimney.
(8)
The presence of graffiti.
G.
If a vacant, abandoned and/or condemned building or structure
that has been vacant, abandoned and/or condemned for more than 30
days, see "vacant blighted structures."
BUILDING MATERIAL
Any lumber, bricks, concrete, cinder blocks, plumbing materials,
electrical wiring or equipment, heating ducts or equipment, shingles,
mortar, cement, nails, screws, or other materials commonly used in
the construction or repair of any buildings or structures.
COMBINATION VEHICLE
Any combination of truck, truck tractor, trailer, semitrailer
or pole trailer used upon the highways or streets in the transportation
of passengers or property.
COMMERCIAL ZONE
A City zoning district designated to accommodate a variety
of commercial uses as well as duplex, multi-family, public, and civic
uses.
DB(A)
The sound pressure level in decibels measured on the "A"
scale of a standard sound level meter having characteristics defined
by the American National Standards Institute, Publication ANSI S1.4-1971,
for a Type 2 Instrument.
DECIBEL
A unit of sound level on a logarithmic scale measured relative
to the threshold of audible sound by the human ear, in compliance
with American National Standards Institute standard S1.1-1960.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger or potential danger.
EXHAUST SYSTEM
The system comprised of a combination of components which
provides for enclosed flow of exhaust gas from engine parts to the
atmosphere.
GRAFFITI
Writings, markings, etchings, carvings, tagging, slogans,
symbols, pictures on public or private property that are illicitly
written, spraypainted, or sketched on any structure, fence, wall or
other surface visible from a public place or neighboring property.
IMPULSIVE SOUNDS
Very short duration, although they may be repeated at regular
or irregular intervals, such as gun shots or automobile backfire sounds.
JUNK
Any abandoned, discarded, unusable objects or equipment,
any object or equipment unused for its originally intended purpose,
including, but not limited to, furniture, furniture intended for indoor
use which is placed outdoors, stoves, refrigerators, freezers, cans,
barrels, implements, parts of motor vehicles, machinery, cloth, rubber,
bottles, any metals, boxes, cartons or crates.
JUNK AUTOMOBILE
Includes any motor vehicle that is kept, parked or stored,
other than in a completely enclosed building, and is not in operating
condition, is not properly licensed or is incapable of performing
the transportation function for which it was manufactured. The term
"junk vehicle" does not include a motor vehicle ordinarily used, but
temporarily out of running condition.
MAINTAINED
Ongoing care and attention, such as weeding, watering or
trimming or any other affirmative acts which make it clear that the
vegetation is not the result of mere neglect.
MANUFACTURING ZONE
A City zoning district designed to accommodate industrial
and manufacturing uses and activities.
MOTOR VEHICLE or VEHICLE
Any vehicle that is self-propelled and includes industrial
and construction equipment which is not subject to registration under
the Michigan Vehicle Code, being Public Act 300 of 1949. The term
does not include special mobile equipment.
MUFFLER
A device for abating the sound of escaping gases of an internal
combustion engine.
NOXIOUS WEEDS
Refers to poison ivy, poison sumac, poison oak, giant hogweed,
nettles and/or ragweed.
NUISANCE PARTY
A social gathering or party, whether static or mobile, conducted
on any public or private property within the City and which, by reason
of the conduct of those persons in attendance, results in any one
or more of the following conditions or events occurring on public
or private property:
A.
The unlawful sale, furnishing, possession, or consumption of
alcoholic beverages;
B.
Urination or defecation on neighboring public or private property,
or on the premises in view of another person;
C.
Unlawful deposit of trash or litter;
E.
Unlawful vehicular traffic, or the unlawful stopping, standing
or parking of vehicles, obstruction of the free flow of traffic or
interference with the ability to render emergency services;
F.
Unlawful parking of vehicles within the public streets, alleys,
or sidewalks, or upon private property;
G.
Unreasonably loud noise under the circumstances which disturbs
the comfort, quiet or repose of one or more members of the neighborhood;
H.
Conduct or a condition which injures any person;
I.
Conduct or a condition which endangers the safety of persons
or property in the neighborhood;
J.
Conduct or a condition which results in the indecent exposure
of a person, or the display of graphic sexual behavior, whether real
or simulated, to a member of the public not attending the social gathering
or party;
K.
Unlawful sale, furnishing, manufacture, use, or possession of
a controlled substance as defined by federal or state law.
RESIDENTIAL ZONE
A City zoning district designated to accommodate the development
of single and two-family dwelling units, multiunit housing, mixed
residential and commercial uses, and special purpose districts.
RESPONSIBLE PARTY
A person who violates any of the provisions of this chapter,
whether as owner, occupant, lessee, agent, operator, servant, or employee
shall, except as herein otherwise provided.
SPECIAL PURPOSE DISTRICT
A City zoning district designated to accommodate governmental
and public service uses such as parks, schools and governmentally
owned or controlled land and large institutional uses in campus-like
settings such as colleges, hospitals and large religious assemblies.
TOTAL VEHICLE NOISE
Any noise radiating from a vehicle except for vehicle noises
exempted by this chapter.
VACANT BLIGHTED STRUCTURES
Any structure located within the City of Kalamazoo which
is vacant and blighted, as defined in this chapter, for more than
30 days, and to which two or more of the following criteria applies:
B.
Has one or more windows boarded;
C.
Has had any utilities required for occupancy disconnected;
D.
Is under notice for being in violation of Chapters
9 and/or
17 of the City Code of Ordinances; or
E.
Because of disrepair or lack of maintenance, is in a condition
that makes it reasonably apparent to the public that the structure
is in fact unoccupied.
WEEDS
Considered as any type of vegetation which is not customarily
planted or transplanted or commercially sold for use in gardens or
for landscaping.