[HISTORY: Adopted by the City Commission
of the City of Royal Oak 11-6-1961 by Ord. No. 61-22. Amendments noted where
applicable.]
CHARTER REFERENCES
Special assessments — See Ch. 12.
GENERAL REFERENCES
Animals — See Ch. 195.
Hauling and sale of dirt — See
Ch. 273.
Disorderly conduct — See Ch. 278.
Housing standards — See Ch. 400.
Property maintenance — See Ch. 556.
Abandoned refrigerators and ice boxes — See Ch. 574.
Rodent control — See Ch. 587.
Smoke pollution — See Ch. 619.
Solid waste — See Ch. 633.
Weeds — See Ch. 757.
This chapter shall be known and cited as the
"Public Nuisance Ordinance."
No person shall place, deposit, throw, scatter
or leave in or upon any street, sidewalk or other public place within
the City any litter, rubbish, refuse, or other waste material of any
kind whatsoever, except in public receptacles or in authorized private
receptacles for collection.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street, or other
public place within the City, nor shall any person hand out, distribute
or sell any commercial handbill in any such public place; provided,
however, that it shall not be unlawful on any sidewalk, street or
other public place within the City for any person to hand out or distribute
without charge to the receiver thereof any noncommercial handbill
to any person willing to accept same.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof a noncommercial
handbill to any occupant of a vehicle who is willing to accept same.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which is
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if required by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position near the entrance thereof
a sign bearing the words "no trespassing," "no peddlers or agents,"
"no advertisement" or any similar notice indicating in any manner
that the occupant of said premises does not desire to be molested
or have his right of privacy disturbed or to have any such handbills
left upon such premises.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill in or upon private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant, or other person then present in or
upon such private premises; provided, however, that in the case of
inhabited private premises which are not posted, as provided in this
article, such person, unless requested by anyone upon such premises
not to do so, shall have the authority to place or deposit any such
handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets,
or other public places, and except that mailboxes may not be used
when so prohibited by federal postal law or regulations.
No person shall attach, place, paint, write,
stamp or paste any sign, advertisement, or other matter, upon any
lamppost, electric light, telephone or telegraph pole, fire hydrant,
shade tree, or on any pavement, sidewalk or crosswalk, public building
or any property or thing belonging to the City, or any article or
thing within any park; provided that this section shall not be construed
to prevent any public officer from so doing for any public purpose.
No person shall attach, place, paint, write, stamp or paste any sign,
advertisement or other matter upon any house, wall, fence, gate, post
or tree without first having obtained the permission of the owner,
agents or occupants of the premises.
No person shall throw or deposit any litter
on any occupied private property within the City whether owned by
such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the City whether owned by such
person or not.
No person shall discharge or pour any foul or
nauseous liquids or any refuse, vapor, gasoline, benzine, kerosene,
cleaning solvent, or other crude oil products, or any substance that
will clog a sewer into any public sewer or private sewer connecting
with a public sewer, or into any receiving basin or gutter, or upon
any street, alley or public or private place.
No person shall harbor or keep any animal, bird,
bee, or pet, which causes annoyance in the neighborhood either by:
A.
Barking, howling, braying, crowing, or making other
sounds common to its species.
B.
Failure of the owner, caretaker, or custodian to maintain
in a clean and sanitary condition devoid of rodents and vermin and
free from objectionable odor, all structures, pens, coops, or yards
wherein any animal, fowl or bee is kept.
C.
Failure of the owner, caretaker, or custodian to keep
the said animal confined on his own premises.
D.
In the case of bees, stinging or molesting any person.
A.
No person shall keep any livestock, or any other animals,
in the City in such a manner as to become a public nuisance. No person
shall keep any horses, cattle, sheep, goats, hogs or similar animals
in the City without first obtaining a permit therefor. Application
for such permit shall be made to the City Clerk upon blanks furnished
for the purpose. Such application shall state the location where such
livestock or other animal is to be kept and describe the conditions
under which the same shall be kept. Such permit shall be granted by
the City Clerk only after investigation and recommendation by the
Chief Inspector. No permit shall be issued for the keeping of any
such livestock or animal except where it appears that the keeping
of such livestock or animals is not likely to create a public nuisance.
If at any time it appears that the keeping of any such livestock or
animals creates a public nuisance, the City Manager or Chief Inspector
may, whether or not a permit has been issued, order the owner or keeper
to abate the nuisance or remove such livestock or animals from the
City, and if he fails to do so within seven days after he has been
served with said notice, the City Manager or Chief Inspector may summarily
remove said animals and abate said nuisance.
[Amended 3-2-2015 by Ord.
No. 2015-06]
B.
The owner or keeper of any stable where horses or
any kind of livestock are kept, or of any chicken house, rabbit hutch,
or any other building used for the housing of animals shall keep such
stable, hutch, or building in a clean and sanitary condition at all
times and shall as often as is necessary remove the accumulations
of manure or other excreta in order to prevent the same from becoming
a public nuisance in the neighborhood. No stable shall be maintained
without concrete floor draining to a sump of a style and character
approved by the Building Department with a drain connection to the
sewer. Said concrete floors shall be completely flushed and washed
at least once each day. Every stable shall have a complete set of
screens on all openings for ventilation, or ingress or egress, so
that insects may be excluded therefrom. Such screens shall be kept
closed at all times except when opened for purposes of ingress or
egress.
A.
No person shall deposit, place or throw any dead or
fatally sick or injured animal, or part thereof, on any public or
private place, or into any reservoir, or into or on the banks of any
stream or pond or other body of water.
B.
No person shall bury any dead or fatally sick or injured
animal, or part thereof, in the City except that the owner or occupant
of any unplatted property may bury thereon any dead animal owned by
him dying on such premises after having obtained written permit to
do so from the Health Officer. Such burial shall be made at a distance
of not less than 200 yards from any residence or well, and the carcass
shall be placed under ground and well covered with at least four feet
of earth from the surface of the ground to the upper part of the carcass.
C.
No person shall carry or convey any dead animal through
or upon any street, alley or public place unless the same is covered
that no part of it is exposed to view and no odors can emanate therefrom.
No person shall drop, scatter, strew or place,
or cause or permit to escape from any receptacle or vehicle, any solid
or liquid compound or chemical compound of any description which shall
be destructive to the pavements, curbs, sidewalks, vegetation or other
improvements, or to any plant or structure within the limits of any
public highway, alley or public place within the City, or which shall
endanger any person or animal, or cause damage to any vehicle passing
over the public highways, alleys or public places of the City.
A.
No person shall permit any land owned by him to become
a menace to the health, morals or safety of the public by reason of
the collection of stagnant water in ponds or pools upon such land.
The City Commission may, after notice to the owner and after holding
a public hearing thereon, declare any such condition to be a public
nuisance by giving notice to the owner of the land upon which such
condition is located, and requiring the owner to abate the nuisance
within such reasonable time as may be necessary to do or have done
the work required by said notice. Said notice may also provide a reasonable
time within which such work shall be commenced.
B.
If, at the expiration of any time limit in said notice,
the owner has not complied with the requirements thereof, the City
Manager shall cause the requirements of said notice to be carried
out. The cost of such abatement shall be charged against the premises
and the owner thereof in accordance with the provisions of Chapter
Twelve of the City Charter.
[Amended 4-9-1962 by Ord. No. 62-6]
No person shall park, store or operate any commercial
motor vehicle on private property zoned for residential use in such
a manner as to cause material annoyance, inconvenience or discomfort
to other persons by reason of noise, fumes, or any other circumstance
incidental to the parking, storage or operation of such commercial
motor vehicle; provided that no commercial vehicle shall be parked
or stored in the required front yard of any lot; provided, further,
that where a corner lot adjoins the side boundary of a lot in a residential
zone, no commercial vehicle parked within 25 feet of the common lot
line shall be nearer the street bounding the side lot line than the
least depth of any front yard required along such side street.
[Added 8-7-1972 by Ord. No. 72-15]
The ground surface of every privately owned
and operated off-street parking lot maintained for the parking of
vehicles, if made of dirt, sand, cinders, or other loose mixture,
shall be treated with liquid calcium chloride with sufficient frequency
to effectively prevent dust from being raised, carried, or blown by
wind, movement of vehicles or other causes, into or upon public property
or the adjacent private property of others.
[Added 1-23-2017 by Ord.
No. 2017-04[1]]
A.
No person shall engage in, assist another in engaging in, or allow
property that he or she owns or occupies to be used by another to
engage in, any activity that requires a response from the Police Department,
Code Enforcement Department, or other City department.
B.
A violation of this section shall not be a lesser included offense
of a criminal offense or of any ordinance violation which is not a
civil infraction.
[Amended 12-5-1994 by Ord. No. 94-7; 1-23-2017 by Ord. No. 2017-04]
A.
A violation of this chapter is a municipal civil infraction, punishable
by a fine of up to $500, plus the costs of enforcement and court costs.
In addition, the Court shall be authorized to issue any judgment,
writ or order necessary to enforce or enjoin further violation of
this chapter.
B.
Each act of violation, and each day upon which any violation shall
occur, shall constitute a separate offense.
C.
In addition to any remedies provided for herein, any equitable or
other remedies may be sought.
