[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.
A.
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.
B.
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.
C.
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)]
A.
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.
B.
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."
A.
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.
(1)
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.
(2)
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.
(3)
The existence of disease, rodents, or other evidence of unsanitary
conditions or causes of sickness connected therewith.
(4)
The likelihood of such accumulation creating a nuisance or cause
of sickness or an unsanitary or unsafe condition.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
Each day during which any violation continues shall be deemed a separate
offense.
D.
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.
E.
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.
