[HISTORY: Adopted by Board of Trustees of the Charter Township of
Northville 7-11-1991 as Ch. 84 of the Code of Ordinances.
Amendments noted where applicable.]
Words used in this chapter unless otherwise defined shall be the common
meaning of such words as generally understood in the oil and gas industry
unless the content of this chapter clearly implies otherwise.
Includes any individual, partnership, copartnership, limited partnership,
association or corporation and their lessees, trustees or receivers.
A.
The business and occupation of drilling and exploring
for, producing, obtaining, transporting, gathering and storing of oil, gas,
petroleum and hydrocarbons within the corporation limits of the Township is
a hazardous and dangerous business and an occupation which should be regulated,
controlled and limited for the purpose of providing protection for the lives,
health, welfare and safety of the citizens of the Township and of the public
generally and for the protection of property from the danger of fire, explosion,
gas leaks, nuisances and other hazards injurious to the public peace, health,
welfare and safety.
B.
The provisions of this chapter shall be deemed to be
the minimum requirements for the preservation of the public peace, health,
safety and welfare and compliance with all terms thereof shall not be deemed
to relieve any person from any duty imposed by law to use all necessary care
and take all necessary precautions for the safeguarding of the public peace,
health and safety and the rights of any individual or group of individuals,
and it shall be the duty of any person drilling, operating or maintaining
any well to use all necessary care and take all precautions reasonably necessary
under the circumstances to protect the public or the rights of any part thereof.
All drilling operations for the discovery of oil, gas, petroleum or
other hydrocarbons, equipping of wells, producing and marketing of oil, gas,
petroleum and hydrocarbons, plugging of wells and all material used and work
done in connection with the exploring for, producing and marketing petroleum
products shall be in conformity with all state and federal laws and statutes
and rules and regulations pertaining thereto and particularly with the statutes
of the state and the regulations of the Supervisor of Wells of the state.
The Fire Chief, Building Inspector or other such employee of the Township
as shall be designated for the purpose by the Board shall have the right and
privilege at any time to enter upon the premises covered by any permit issued
pursuant to this chapter for the purpose of making inspections thereof to
determine if the requirements of this chapter are complied with or the requirements
of any other ordinance of this Township are met.
All buildings and structures, with the exception of the oil well heads, which shall be constructed or located on property to be used in connection with oil and gas operations, shall require a building permit. All requirements of the Building Code, as adopted by the Township (Chapter 58), shall be complied with in the permit procedure.
In addition to any inspections pursuant to the Building Code, the Fire
Chief shall inspect the location of any accessory buildings prior to the issuance
of a permit.
Nothing in this chapter shall be deemed to be in usurpation of the statutory
authority of the Supervisor of Wells contained in MCL 319.12 through 319.27,
whose regulations are specifically adopted by reference herein.
Any person who shall violate the provisions of this chapter shall be
responsible for a municipal infraction, subject to the following penalties:
A.
The following civil fines shall apply in the event of
a determination of responsibility for a municipal civil infraction, unless
a different fine is specified in connection with a particular section:
(1)
First offense. The civil fine for a first offense violation
shall be in the amount of not less than $150, plus costs and other sanctions,
for each offense.
(2)
Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus costs
and other sanctions for each offense.
B.
In addition to ordering the defendant determined to be
responsible for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue any judgment,
writ or order necessary to enforce, or enjoin violation of, the chapter.
C.
Continuing offense. Each act of violation, and on each
day upon which any such violation shall occur, shall constitute a separate
offense.
D.
Remedies not exclusive. In addition to any remedies provided
for by the Code of the Charter Township of Northville, any equitable or other
remedies available may be sought.
E.
The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by the law.
F.
A municipal civil infraction shall not be a lesser included
offense of a criminal offense or of an ordinance violation which is not a
civil infraction.
