[Adopted 10-4-1993 by Ord. No. 79; amended
in its entirety 4-20-2020]
This article is intended to provide safety regulations for the
operation of quarries to minimize accidents, protect children from
an attractive nuisance, to minimize dust and air pollution from such
operations, and to regulate hours of operation to minimize adverse
effects upon neighboring uses.
As used in this article, the following terms shall have the
meanings indicated:
QUARRY
Any pit, excavation, or mining operation for the purpose
of searching for or removing from the premises any earth, coal, rock,
sand, gravel, clay, stone, slate, marble, or other nonmetallic mineral
in excess of 50 cubic yards in any calendar year, but shall not include
an excavation preparatory to the construction of a structure or public
highway.
The removal, processing or hauling of material in operation
of the quarry shall be conducted during times as set by the Township
Board of Trustees.
The duly authorized officials or employees of the Charter Township
of Blackman bearing proper credentials and identification shall be
permitted to enter upon all properties for the purpose of inspector
observation, measurement, and all other duties necessary to enforce
this article, in accordance with provisions of this article any time
during reasonable or usual business hours.
Any violation of any provision of this article shall constitute
a nuisance per se and subject the operator to revocation of his license
after a hearing to establish the violation.
Any person violating any provision of this article shall be
notified in writing by the Township Supervisor, Township Building
Inspector, Township Zoning Coordinator, or such person designated
by the Township Supervisor to give such notices of the nature of such
violation and allowed a reasonable time to correct such violation.
Any officer, agent, or employee guilty of aiding or abetting a person
in such violation, or being responsible therefor, refuses or neglects
to take corrective action, shall be guilty as a principal.
Any person violating any of the provisions of this article shall
be liable to the Charter Township of Blackman for any expense, loss
or damage incurred by the Township by reason of such violation, and
recovery therefor may be had in an appropriate action in any court
of competent jurisdiction.
Any continued violation, after due notice as provided herein,
shall be deemed a public nuisance, and may be abated by suit in equity
by the Township in any court of competent jurisdiction. This remedy
shall be in addition to any other available remedy.
Any person who violates any provision of this article shall,
upon conviction thereof, be fined not more than $500 or jailed for
not more than 90 days, or by both.
The Township Board by resolution shall establish an annual license
fee, not less than $25, from time to time to defray the costs of administering
the provisions of this article.