[HISTORY: Adopted by the Township Board of the Township of Denton 6-7-1978 by Ord. No. 41; amended in its entirety 8-7-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABATE or ABATEMENT
The demolition, removal, repair, maintenance, construction, reconstruction, replacement, and reconditioning of structures, appliances, appurtenances or equipment as well as removal, transportation, purchase, disposal and treatment of refuse or other substance or media capable of causing a nuisance and the use of mechanical means to control, eradicate, and eliminate the nuisance conditions.
BUILDING MATERIALS
Lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.
LITTER or JUNK
All rubbish, refuse, waste material, and garbage, including, but not limited to: organic refuse; food wastes; drug paraphernalia; ashes; dead animals; fish; animal bones; hides; rotten soap; parts of machinery or motor vehicles; grease; tallow; offal; shell; food containers or wrappings; cans; bottles; jars; crockery; garbage; discarded or abandoned furniture or materials, including camping and picnic gear and equipment; cartons; boxes; crates; rags; clothing; bedding; floor covering; sweepings; waste paper; newspapers or magazines; discarded appliances; excrement; construction debris and building materials; yard debris or rubbish, including, but not limited to, grass clippings, clippings from hedges or shrubs, or detached tree branches; industrial waste; and unclean or noxious fluids or gases.
PUBLIC NUISANCE
Whatever annoys, injures, or endangers the safety, health, welfare, comfort, or repose of the public; offends public decency or aesthetic sensibilities; interferes with, obstructs, or renders dangerous any street, highway, navigable lake, or stream; or in any way renders the public insecure in life or property, and is hereby declared to be a public nuisance. Public nuisances shall include, but shall not be limited to, whatever is forbidden by any provision of this chapter.
Public nuisances are prohibited in the Township. No person shall commit, create, or maintain any public nuisance. The following acts, apparatus, accumulations, violations, and activities within the Township are hereby prohibited as public nuisances per se, unless otherwise permitted by the Township Zoning Ordinance:
A. 
No person shall maintain or permit to remain on premises owned or occupied by him or her; or throw, place, or leave; or permit the throwing, placing, or leaving on the premises of another any of the following substances: junk, garbage, discarded furniture, appliances and household goods, building materials, construction debris, tires, or mobile home components in any of the following locations:
(1) 
Any public street, highway, lane, road, alley, public place, square, sidewalk, or any lands within the boundaries of the Township owned by the Township or other municipal corporation.
(2) 
Any river, lake, stream, or other body of water.
(3) 
Any private place or premises where, in the opinion of the Township Ordinance Enforcement Officer or his/her agent, the specified substances constitute a dangerous condition or are detrimental to the public health, safety, or welfare or offend aesthetic sensibilities or may cause sickness or attract flies, insects, rodents, or vermin.
B. 
Leaving, keeping, storing or maintaining a junk motor vehicle on any premises, unless such vehicle is completely enclosed within a lawful building.
(1) 
For purposes of this chapter, a junk motor vehicle is any vehicle that is self-propelled or intended to be self-propelled, or any portion of such a vehicle, that:
(a) 
Is subject to registration under the Michigan Vehicle Code, MCLA § 257.1 et seq., and has not been registered or does not display an unexpired and valid license plate for the vehicle; or
(b) 
Has remained on a premises for a period of 30 days or more, and does not have an engine in running condition, four inflated tires and a battery, or is incapable of safe operation on the streets and highways as required by the Michigan Vehicle Code; or
(c) 
For any reason, including dismantling, disrepair or otherwise, is not operable, not repairable, cannot be started, or is unable to be propelled under its own power.
(2) 
Junk motor vehicles, for purposes of this chapter, shall not include vehicles lawfully kept as stock in trade by a state-licensed dealer in motor vehicles.
C. 
Leaving, keeping, storing or maintaining an abandoned vehicle on any private or public property within the Township.
(1) 
For purposes of this chapter, an abandoned vehicle is either:
(a) 
A vehicle that has remained on private property without the consent of the owner; or
(b) 
A vehicle that has remained on public property for a period of not less than 72 hours.
(2) 
In addition to the procedures allowed by this chapter for the abatement and removal of public nuisances, an abandoned vehicle may be disposed of as provided for in the Michigan Vehicle Code, MCLA § 257.252a et seq.
D. 
Any structure or part thereof which because of fire, wind or other natural disaster, or merely by virtue of physical deterioration, is no longer habitable as a dwelling or useful for any other purposes for which it may originally have been intended, within one year.
E. 
The making, continuing, or causing to be made, or knowingly assisting, allowing, or encouraging any other person or persons to make, continue or cause any loud noise which either disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the Township. Such noises deemed to be loud, disturbing noises in violation of this chapter include, but are not limited to:
(1) 
The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the Township except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time.
(2) 
The discharge into the open air of the exhaust of any stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(3) 
The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(4) 
Intentionally or by the immoderate operation of a motor vehicle to cause tires to screak or screech.
(5) 
The using, operating, or permitting to be played of any radio receiving set, musical instrument, phonograph, loudspeaker, or any other mechanical or electrical device capable of producing or reproducing sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room or vehicle in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(6) 
The creation of any excessive noise on any street adjacent to any school, institution of learning, or church, which unreasonably interferes with the functions of such institution, or which disturbs or unduly annoys, provided conspicuous signs are displayed in such streets indicating that the same is a school.
(7) 
Barking dogs disturbing the quiet, comfort or repose of other persons.
F. 
None of the prohibitions enumerated above shall apply to the following:
(1) 
Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities.
(2) 
Warning devices emitting sound for warning purposes as authorized by law.
(3) 
The storage of machines and agricultural equipment and the noises of animals and machines as a result of farming operations, including those operations protected by the Michigan Right to Farm Act (RTFA) and conforming to generally accepted agricultural management practices (GAAMPs) developed by the Michigan Department of Agriculture.
A. 
Public nuisances on Township property. Whenever any public nuisance described in § 214-2 shall exist upon Township property or upon the property of another municipal corporation within the boundaries of the Township, such public nuisance may be abated by the Township Ordinance Enforcement Officer or his/her agent without notice, and the cost of abatement shall be charged as provided in § 214-4.
B. 
Public nuisances on private property. Whenever any public nuisance shall exist on private premises within the Township, the Township Ordinance Enforcement Officer or his/her agent shall give notice in writing by either personal, hand delivery or by certified mail, return receipt requested, addressed to the owner or occupant of the property where the public nuisance exists or to the person otherwise responsible for such public nuisance. Such notice shall specify the location and nature of the public nuisance and shall indicate that such owner or occupant or person otherwise responsible is required to repair, tear down, abate, or otherwise remove the public nuisance within 10 days of the receipt of the notice. Following the issuance of such notice, the Township Ordinance Enforcement Officer or his/her agent may proceed to initiate civil infraction or other civil proceedings permitted by law to abate the public nuisance.
C. 
Civil infractions. Any person or other entity who or which causes or permits to continue a public nuisance as prohibited by this chapter is responsible for a municipal civil infraction as defined by Michigan law and is subject to a civil fine of not more than $500, plus costs, which may include all direct or indirect expenses which the Township has incurred in connection with the violation, including attorney's fees. A violator of this chapter shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this chapter continues to exist constitutes a separate violation.
All expenses incurred by the Township, the Township Ordinance Enforcement Officer or his/her agent in repairing, tearing down, abating, or otherwise removing a public nuisance under this chapter shall be charged to the person responsible therefor, the occupant of the land in question, or the person who appears as owner or party in interest upon the last local tax assessment records of the Township. If such person fails to pay the expenses incurred by the Township in abating a nuisance within 30 days after a statement for said charges is mailed to him or her, the amount thereof shall be assessed against the lands on which the expenditures were made on the next general tax assessment roll of the Township and shall be collected in the same manner as other taxes are collected. The Township shall have a lien upon such lands for such expense, such lien to be enforced in the manner prescribed by the general laws of the state providing for the enforcement of tax liens.
The Township Ordinance Enforcement Officer may act to abate a public nuisance without giving notice as specified in § 214-3, if the public health, safety, or welfare requires immediate action to prevent an imminent threat to the public health, safety or welfare. The cost of abating such nuisance shall be charged as specified in § 214-4.