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Ordinance #31 - Litter and Debris
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LITTER AND DEBRIS ORDINANCE
(Ord. No. 31)
 
AN ORDINANCE TO SECURE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE RESIDENTS AND PROPERTY OWNERS OF BERRIEN TOWNSHIP, BERRIEN COUNTY, MICHIGAN, A MICHIGAN GEN­ERAL LAW TOWNSHIP, BY THE REGULATION OF THE ACCUMULATION, STORAGE AND DISPOSITION OF JUNK DEBRIS, WASTE MATERIAL, COM­BUSTIBLE MATERIAL, AUTOMOBILE AND OTHER MISCELLANEOUS UN­USED MATERIAL AND EQUIPMENT WITHIN SAID TOWNSHIP; TO PRO­VIDE PENALTIES FOR THE VIOLATION THEREOF, AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
 
THE TOWNSHIP OF BERRIEN, BERRIEN COUNTY, MICHIGAN, OR­DAINS:
 
142.001           Title.
 
Sec. I. This ordinance shall be known and cited as the Berrien Township "Litter and Debris Ordinance".
(Ord. No. 31, Eff. May 17, 2002)
 
142.002           Regulations.
 
Sec. II.
 
(a) No person, firm, or corporation shall permit any junk, debris, waste material, combustible material, or other miscellaneous unused, unsanitary or dangerous material or equipment, or other source of filth or cause of sickness to accumulate in unreasonable or abnormal quantities in, on, or adjoining the property owned or occupied by such person, firm, or corpora­tion. The determination of whether such accumulation is unreasonable and abnormal shall be made by the Township Board upon the advice and report of the Zoning Enforcement Officer or Supervisor, based upon the following standards:
(1) The use district classification in which such property is located under the provisions of the Township zoning ordinance with residential and agricultural-residential use district classifications permitting less such accumulations than commercial or industrial use district classifica­tions.
(2) The density of population of building structures in the area adjoining such property with restrictions against such accumulations becoming more strict as population or building structures become more dense.
(3) The existence of disease, rodents, or other evidence of unsanitary conditions or causes of sickness connected therewith.
(4) The likelihood of such accumulation creating a nuisance or cause of sickness or an unsanitary or unsafe condition.
 (b) The owner or occupant of every dwelling or other building located within the Township shall provide the same with properly and appropriately covered receptacles of nonabsorbent material for holding garbage, refuse, ashes, rubbish, or other waste material, commensurate with the use being made of such building. In no event shall refuse be placed curbside in any container more than 24 hours prior to scheduled pickup. Such receptacles shall further be kept clean and sanitary at all times and shall be regularly and frequently emptied, either by a rubbish and garbage collection agency recognized and approved by the Township Board, or by the occupant or owner of the premises, in properly designated areas off the premises. Such receptacles shall further be used by the occupants of the premises for all such garbage, refuse, ashes, rubbish, and other waste material not other­wise disposed of off the premises in properly designated areas.
(c) No person, firm or corporation shall park or store on premises primarily used or zoned for residential purposes within the Township, any motor vehicle which is not in operating condition for more than 14 days in anyone year, unless the same is located within an enclosed building, or unless a special permit therefore is first obtained from the Township Zoning Enforce­ment Officer or Supervisor, to be granted only in special hardship cases beyond the control of the applicant, where peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purpose of these regulations are still observed.
(d) No person, firm or corporation· shall park or store upon premises primarily used or zoned for residential purposes within the Township, more than one motor vehicle in operating condition which is not regularly used for the purpose for which it was manufactured or designed unless the same is located within an enclosed building or unless a special permit therefore is first obtained from the Township Zoning Enforcement Officer or Supervisor, to be granted only in special hardship cases beyond the control of the applicant, where special peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purpose of these regulations are still observed.
(e) Motor vehicles, for the purpose of this ordinance shall be deemed not in operating condition when:
(1) Such vehicle is being or has been dismantled by the removal of parts therefrom or which has main component parts missing, unattached, inoperable or unserviceable;
(2) Such vehicle does not bear a currently valid motor vehicle license registration plate and number; or
(3) Such vehicle cannot be propelled under its own power.
The foregoing is not to be construed to be inclusive of all inoperable vehicles covered by this ordinance but merely descriptive of a particular class of such vehicles.
(f) The purpose of these regulations pertaining to motor vehicles is to limit and restrict the outdoor storage or unreasonable accumulation of junk cars or vehicles, unused cars or vehicles and dilapidated non-operating motor vehicles upon premises used or zoned for residential purposes, to thereby avoid injury and hazards to children attracted to such vehicles, to provide safe ingress and egress to the property for police, fire and ambulance personnel responding to emergencies on or near such property and to reduce and ultimately eliminate the psychological ill effect the presence of such vehicles has upon Township residents, adjoining residents and property owners.
(Ord. No. 31, Eff. May 17, 2002)
 
142.003           Validity.
 
Sec. III. Should any section, clause, or provision of this ordinance be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
(Ord. No. 31, Eff. May 17, 2002)
 
142.004           Cumulative Authority, Powers and Remedies.
 
Sec. IV. The authority, powers and remedies granted and contained herein shall be in addition to those previously granted in other ordinances of the Township and shall not be construed as a limitation to the general powers and authority and the Township granted by any other ordinance, statute, code or regulation.
(Ord. No. 31, Eff. May 17, 2002)
 
142.005           Penalties for violation.
 
Sec. V. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than $100.00, plus the Township's actual costs of enforcement and including attorney fees, or by imprisonment in the county jail, not to exceed 93 days, or by both such fine, cost and imprisonment in the discretion of the court. Each day that a violation continues to exist, shall constitute a separate offense.
In addition to the imposition of the foregoing fines and penalties, if any person, firm, or corporation refuses or neglects to comply with an order of the Township Board, Township Supervisor, or Zoning Enforcement Officer, issued under this ordinance, said Township Board may cause the said nuisance, source of filth, cause of sickness, or unreasonable accumulation to be removed from the pre­mises, impounded, destroyed, and/or sold and the cost thereof assessed against the owner or occupant of the premises on which the same is located. If the owner or occupant of such premises shall refuse, upon demand, to pay such expenses so incurred, such sums shall be assessed against the real estate involved and shall be collected and treated in the same manner as are taxes assessed under the general laws of the State of Michigan.
In the event of a sale of any such material or equipment by the Township, the proceeds from such sale shall be first used to reimburse the Township for all costs it has incurred and the balance, if any, shall be returned to the owner of the property.
(Ord. No. 31, Eff. May 17, 2002)
 
142.001           Effective date; repeal.
 
Sec. VI. This ordinance shall take effect on the 17th day of May, 2002. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed to the extent of such conflict.
(Ord. No. 31, Eff. May 17, 2002)
 


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