[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.
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.
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:
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:
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.
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.
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.
Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.
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.
The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by the law.
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.