[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 3-14-2013 (Ord. No. 26 of the 2005 Code). Amendments noted where applicable.]
An ordinance to preserve the peace and to protect the public health, safety and welfare of the citizens of Lawrence Township, Van Buren County, Michigan, by regulating noise generated by barking dogs; to provide for enforcement; and to provide sanctions for the violation hereof.
This chapter shall be known and cited as the "Lawrence Township Barking Dog Ordinance."
It is the purpose of this chapter to prevent, reduce or eliminate nuisance conditions related to noise created by barking dogs in Lawrence Township by providing a means of enforcement and sanctions for continuation of such nuisance conditions.
It shall be unlawful for any person, firm, partnership, corporation or other entity, however described, to keep, harbor or permit a dog which, because of frequent or habitual barking, yelping, howling, whining or other loud noises, causes an annoyance amounting to nuisance in the neighborhood where such dog is kept. For purposes of this chapter, a "nuisance" is defined as the unreasonable or unlawful use of property which, because of noise, causes injury, damage or annoyance to a neighbor or a disturbance in the neighborhood.
The provisions of this chapter shall be enforced by the Township official designated by resolution of the Township Board. The enforcement officer shall have the discretion to give a warning to an offender prior to issuing a formal municipal civil infraction citation. Chapter 25, Municipal Civil Infractions, shall control procedures used in enforcing this chapter, except as otherwise expressly provided herein.
Any person found to have violated this chapter by a court of competent jurisdiction is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
First offense: $150.
Second offense: $175.
Third or subsequent offense: $200 and other relief as ordered by the court.
Editor's Note: Original Sec. 5 of the 2005 Code of Compiled Ordinances, the list of fine amounts per offense and the second paragraph regarding payment by violators of costs, damages and expenses incurred by the Township in connection with a municipal civil infraction, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 20, Code Adoption, Art. II).
Additionally, a person violating this chapter shall pay costs, damages and expenses, direct and indirect, which the Township has incurred in connection with the municipal civil infraction, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, Public Acts 12 to 26 of 1994, as amended, and other applicable law.
Editor's Note: See MCLA § 600.101 et seq.
Editor's Note: See MCLA §§ 600.101 et seq., 42.20 and 42.21, 41.181 to 41.184, 78.24 and 78.25a, 61.1a, 66.1 to 66.2, 66.6 to 66.7, 66.9 to 66.10, 66.13, 67.1 to 67.3, 67.40, 67.62, 70.12, 117.4i, 117.4l, 117.29, 117.32, 46.10b and 46.11, 81.1a, 87.20, 88.9, 89.1 and 89.2, 90.1, 90.4, 90.6, 90.10, 90.13, 90.15 and 90.16, 91.1 to 91.3, 92.4, 95.8, 97.4, 98.1, 110.3, 45.515a, 45.556a, 125.1523 and 125.1529, and 247.64 and 247.70.
The various parts, sections and clauses of this chapter are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected thereby.
This chapter shall become effective 30 days after its adoption and publication. Upon its effective date, this chapter supersedes and repeals prior ordinances.