[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.
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."
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.