Police Ordinance

 

POLICE ORDINANCE

 

12.000             CONSUMERS POWER COMPANY ELECTRIC FRANCHISE ORDINANCE, TOWNSHIP OF HOLTON, MICHIGAN

(ord. no 9 eff. June 16, 1986)

 

An Ordinance, granting to Consumers Power Company, its successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross-arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges and other public places, and to do a local electric business in the Township of Holton, Muskegon County, Michigan.

 

THE TOWNSHIP OF HOLTON ORDAINS:

 

12.001 Sec. 1. GRANT OF FRANCHISE.

                       

The Township of Holton, Muskegon County, Michigan, hereby grants the right, power and authority to the Consumers Power Company, a Michigan Corporation, its successors and assigns, hereinafter called the “Grantee”, to construct, maintain and commercially use electric lines consisting of towers, masts, poles, cross-arms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances, for the purpose of transmitting, transforming and distributing electricity on, under, along and across the highways, streets, alleys, bridges, and other public places, and to do a local electric business in the Township of Holton, Muskegon County, Michigan.

(ord. no. 9 eff. June 16, 1986)

 

12.002 Sec. 2. GRANTEE RESPONSIBILITY.

 

In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof.

(ord. no. 9 eff.            June 16, 1986)

 

12.003 Sec. 3. CONDITIONS OF WORK.

All of Grantee’s towers, masts, and poles shall be neat and sightly, and so placed on either side of highways, streets, alleys and bridges as not to unnecessarily interfere with the use thereof for highway, street and alley purposes.  All of Grantee’s wires carrying electricity shall be securely fastened so as not to endanger or injure persons or property in said highways, streets and alleys.  All work performed by said Grantee in said highways, streets and alleys shall be done so as not to interfere with the use thereof, and when work was completed, the same shall be left in as good condition as when work was commenced.  The Grantee shall have the right to trim trees if necessary in the conducting of such business, subject, however, to the supervision of the highway authorities.

(ord. no. 9 eff. June 16, 1986

 

12.004 Sec. 4. INDEMNIFICATION.      

           

Said Grantee shall at all times keep and save the Township free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the structures hereby authorized.  In case any action is commenced against the Township on account of the permission herein granted, said Grantee shall, upon notice, defend the Township and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance. 

(ord. no. 9 eff. June 16, 1986)

 

12.005 Sec. 5. RATES; RULES REGULATING SERVICE.

Said Grantee shall be entitled to charge the inhabitants of said Township for electric energy furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate electric rates and rules regulating such service in said Township, are hereby granted for the term of this franchise.  Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said Township, acting by its Township Board, or by said Grantee.

(ord. no. 9 eff. June 16, 1986)

 

12.006 Sec. 6. RIGHTS NOT EXCLUSIVE. 

           

            The rights, power and authority herein granted, are not exclusive.

(ord. no. 9 eff. June 16, 1986)

 

12.007 Sec. 7. REVOCATION.   

           

The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.

(ord. no. 9 eff. June 16, 1986)

 

12.008 Sec. 8. APPLICABLE RULES AND REGULATIONS. 

 

Said Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to electric service in said Township.

(ord. no. 9 eff. June 16, 1986)

 

12.009 Sec. 9. EFFECTIVE DATE. 

 

This ordinance shall take effect upon the day after the date of publication thereof, provided, it shall cease and be of no effect after thirty from its adoption unless within said period the Grantee shall accept the same in writing filed with the Township Clerk.  Upon acceptance and publication hereof, this ordinance shall constitute a contract between said Township and said Grantee.

(ord. no. 9 eff. June 16, 1986)

 

Adopted by Township Board and Accepted by Grantee: June 10, 1986

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20.000                         DISORDERLY CONDUCT ORDINANCE

                        TOWNSHIP OF HOLTON, MICHIGAN

                        (ord. no. 2 eff. Jan 18, 1986)

 

Ordinance prohibiting disorderly conduct.

 

For the purpose of maintaining peace and order in the Township of Holton, and for the prevention and control of disorderly and improper conduct in the said Township, so as to aid in the furthering of the safety, health and welfare of the residents of the said Township, THE TOWNSHIP OF HOLTON DOES HEREBY ORDAIN:

 

20.001 Sec. DEFINITIONS.

           

Whenever the term “public place” is used in this Ordinance, it shall mean any street, alley, park, public building, any other place which is open to the public view, or to which the public has access, regardless of ownership thereof.  Violations of this ordinance are not limited to public places unless so stated.

(ord. no. 2 eff. Jan. 18, 1986)

 

20.002 Sec. ACTS PROHIBITED.

 

            No person shall:

 

2.1            Commit an assault, or an assault and battery on any person.

2.2            Be under the influence of any narcotic drug in any public place.

 

2.3       Be intoxicated in a public place and either endanger directly the safety of another person or of property or act in a manner that causes a public disturbance.

 

2.4       Engage in any indecent, insulting, immoral, or obscene conduct in any public place.

 

2.5       Discharge any firearm, air rifle, air pistol or bow and arrow in the Township, except in accordance with the hunting and conservation laws of the State of Michigan, as otherwise allowed by law, or at a duly established range.

 

2.6       Fire, discharge, display, or possess any fireworks except of the type and under the conditions permitted by the laws of the State of Michigan.

 

2.7       Engage in peeping in the windows of an inhabited place.

 

2.8       Beg in any public place.

 

2.9       Bathe in any body of water in a naked state, or with his or her person so much undressed that there shall be an indecent exposure of the body.

 

2.10     Use any indecent, immoral, or insulting language to, or in the presence or hearing of, any other person, or manifest any indecent or insulting behavior in said Township in the presence, view or hearing of any other person.

 

2.11     Engage in fortune telling or attempt to tell fortunes for hire, gain or reward.

 

2.12     Make any immoral exhibition or indecent exposure of his or her person.

 

2.13     Willfully destroy, remove, damage, alter or in any manner deface any property, real or personal, whether publicly or privately owned, or mark or post hand bills, on or in any manner mar the walls of, any public building or fence, tree, or pole within the Township, or destroy, take, or meddle with any property belonging to the Township, or remove the same from the building or place where it may be kept, placed or stored, without proper authority.

 

2.14     Engage in any disturbance, fight, or quarrel in a public place.

 

2.15     Jostle or roughly crowd persons in any public place.

 

2.16     Loiter on any street or sidewalk or in any park or public building or conduct himself in any public place so as to obstruct the free, lawful and uninterrupted passage of other persons or vehicles.

 

2.17     Play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups thereon, for any purpose.

 

2.18     Engage in any act of prostitution.

 

2.19     Attend, frequent, operate or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor, or where any other illegal or immoral business or operation or violations of this or any other law is permitted or conducted.

 

2.20     Engage in prostitution, gambling, the illegal sale of intoxicating liquor, or any other illegal or immoral business or occupation.  Proof of recent reputation for engaging in prostitution, gambling, illegal sale of intoxicating liquor, or other illegal or immoral occupation or business shall be prima facie evidence of being engaged or occupied therein.

 

2.21     Solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act.

 

2.22     Knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, or allowed for the purpose of enabling such person to engage in gambling or in any illegal or immoral act.

 

2.23     Keep or maintain a gaming room, gaming table, or any gaming device, used for gaming; or knowingly suffer a gaming room, gaming table, or any gaming device to be kept, maintained, played or sold on any premises occupied or controlled by him.

 

2.24     Disturb the public peace and quiet by loud, boisterous, or vulgar conduct.

 

2.25     Permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous, or disorderly persons.

 

2.26     Obstruct, resist, hinder, or oppose any member of any Police Department, any sheriff or deputy sheriff constable, or any peace officer in the discharge of his or her duties as such.  No person shall fail to obey the lawful and reasonable directions of a peace officer, police officer, sheriff or deputy sheriff in a public place.

 

2.27     Prowl about any alley or the private premises of any other person in the nighttime, without authority or permission of the owner of such premises.

 

2.28     Spit on any sidewalk or on the floor or seat of any public carrier, or on any floor, wall, seat or equipment of any place of public assemblage.

 

2.29     Disturb any school, meeting, or congregation lawfully assembled, whether religious, political or otherwise.

 

2.30     Wrongfully throw or propel any snowball, missile or object from any moving motor vehicle.

 

2.31     Wrongfully throw or propel any snowball, missile or object toward any person or motor vehicle.

 

2.32     Neglect or fail to support a spouse, children or family, if the person shall have sufficient ability to do so, or leave a spouse, children or family without sufficient means of support.

 

2.33     Summon, as a joke or prank or otherwise without a good reason therefor, by telephone or otherwise, the Police or Fire Department or any public or private ambulance to go to any address where the service called is not needed.

(ord. no. 2 eff. Jan. 18, 1986)

 

20.003 Sec. 3. PENALTY.

 

Any person who shall violate this ordinance shall be quilty of a misdemeanor punishable by a penalty not to exceed ninety (90) days in the County Jail or a $500,00 fine, or both.

(ord. no. 2 eff. Jan. 18, 1986)

 

20.004 Sec. 4. EFFECTIVE DATE.

 

            This ordinance shall be effective 30 days after publication.

(ord. no. 2 eff. Jan. 18, 1986)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

 

20.050             NOISE ORDINANCE, TOWNSHIP OF HOLTON, MICHIGAN

                        ord. no. 3 eff. Jan. 18, 1986

 

THE TOWNSHIP OF HOLTON HEREBY ORDIANS:

 

20.051 Sec. 1. ACTS PROHIBITED.

 

It shall be unlawful for any person to make, continue or cause to be made or continued any loud or unusual noise or any noise which either disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the Township.  The acts enumerated in Section 2 [20.052] of this ordinance are hereby declared to be loud and disturbing noises, but such enumeration shall not be deemed to be exclusive.

(ord. no. 3 eff. Jan. 18, 1986)

 

20.052 Sec. 2. SPECIFIC ACTIVITIES DEEMED VIOLATIONS.

 

2.1       Playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, tape recorder, tape playing machine, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and those who are voluntary listeners thereto is prohibited.

 

2.2       The operation of any such set, instrument, phonograph, tape recorder, tape playing machine, or other machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the place, building, structure or vehicle in or on which it is located shall be prima facie evidence of a violation of this section.

 

2.3       Yelling, shouting, hooting, whistling or singing in a public place, so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any person in the vicinity, is prohibited.

 

2.4       The operation of any motor vehicle, boat, racer, automobile or vehicle of any kind or nature in any area where the noise emanating therefrom would be unreasonably disturbing and annoying to other persons in the vicinity.

(ord. no. 3 eff. Nov. 1, 1999)

 

 

 

 

20.053 Sec. 3. PERSONS RESPONSIBLE.

 

Any person who maintains or is in possession or control of any premises where any violation of this act is permitted, and who is present, whether in the capacity of owner, lessee, manager, or other person in control, and fails to take reasonable steps to prevent such occurrences, is guilty of a violation of this ordinance.

(ord. no. 3 eff. Jan. 18, 1986)

 

20.054 Sec. 4. PENALTIES.

 

A person who violates this ordinance or section thereof is guilty of a misdemeanor and shall be punished by a fine of $500.00 or imprisonment for ninety (90) days or both.

(ord. no. 3 eff. Jan. 18, 1986)

 

20.055 Sec. 5. EFFECTIVE DATE

 

            This ordinance shall be effective 30 days after publication.

(ord. no. 3 eff. Jan. 18, 1986)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

Changes on 2.4 shall be effective November 1, 1999

 

Adopted: October 12, 1999

Published: October 22, 1999

 

 

20.100                        LIQUOR LICENSE ORDINANCE, TOWNSHIP OF HOLTON MICHIGAN

Ord. no eff. Dec. 1985

 

An Ordinance to establish procedures and standards for review of applications, renewals, and revocation of license to sell beer and wine or spirits.

 

THE TOWNSHIP OF HOLTON, MUSKEGON COUNTY, MICHIGAN ORDAINS:

 

20.101 Sec. I. APPLICATION FOR NEW LICENSE.

 

A.        APPLICATION.  Applications for license to sell beer and wine or spirits shall be made to the township board in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, and shall contain the following statements and information:

 

(1)             The name, age, and address of the applicant in the case of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof, in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.

 

(2)            The citizenship of the applicant, his place of birth, and, if a naturalized citizen, the time and place of his naturalization.

 

(3)            The character of business of the applicant, and in the case of a corporation, the object for which the business was formed.

 

(4)            The length of time said applicant has been in business of that character, or, in the case of a corporation, the date when its charter was issued.

 

(5)             The location and description of the premises or place of business which is to be operated under such license.

 

(6)            A statement whether applicant has made application for a similar or other license on premises other than described in this application, and the disposition of such application.

 

(7)            A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this ordinance or the laws of the State of Michigan.

 

(8)            A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any ordinances of the township in the conduct of its business.

 

(9)            The application shall be accompanied by building and plat plans showing the entire structure and premises and in particular the specific areas where the license is to be utilized.  The plans shall demonstrate adequate off street parking, lighting, refuse disposal facilities and where appropriate, adequate plans for screening, and noise control.

 

B.            RESTRICTION ON LICENSES.  No such license shall be issued to:

 

(1)            A person whose license, under this ordinance has been revoked for cause.

 

(2)            A person who, at the time of application or renewal of any license issued hereunder, would not be eligible for such license upon a first application.

 

(3)            A co-partnership, unless all of the members of such co-partnership shall qualify to obtain a license, under state law.

 

(4)            A corporation, if any officer, manager or director thereof, or a stock owner or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation would not be eligible to receive a license hereunder for any reason.

 

(5)            A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.

 

(6)            A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor.

 

(7)            A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued.

 

(8)            Any law enforcing public official or any member of the township board, and no such official shall be interested in any way either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor.

 

(9)            For premises where there exists a violation of the applicable Building, Electrical, Mechanical, Plumbing or Fire Codes, applicable Zoning Regulations, or applicable Public Health Regulations.

 

(10)            For premises where it is determined by a majority of the board that the premises do not or will not reasonably soon after commencement of operations have adequate off-street parking, lighting, refuse disposal facilities, screening, noise, or nuisance control.

 

(11)            Where the board determines, by majority vote, that the proposed location is inappropriate considering: the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; the effects upon adjacent and nearby residents and property owners; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of inconsistent zoning districts, and accessibility from primary roads or state highways.

C.        TERM OF LICENSE.  Approval of a license shall be for a period of one year subject to annual renewal by the township board upon continued compliance with the regulations of this ordinance and state law.  Approval of a license shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the action of the township board or the Michigan Liquor Control Commission approving such license whichever last occurs.  Any unusual delay in the completion of such remodeling or construction may subject license to revocation.

 

D.        LICENSE HEARING.  The Township Board shall grant a public hearing upon the license application.  Following such hearing the Board shall submit to the applicant a written statement of its findings and determination.  The Board’s determination shall be based upon satisfactory compliance with the restrictions set forth in paragraph 1.B. (1) through (11) above.

            (ord. no. 7 eff. Dec. 19, 1985)

 

 

 

 

20.102 Sec. II. OBJECTIONS TO RENEWAL AND REQUEST FOR

                          REVOCATION.

 

A.        PROCEDURE.  Before filing an objection to renewal or request for revocation of a license with the Michigan Liquor Control Commission, the Township Board shall hold a hearing and serve the license-holder, by first class mail, mailed not less than ten days prior to hearing, a notice thereof.  The notice shall contain the following:

 

(1)        Notice of the hearing.

 

(2)        Statement of facts or allegations to be considered.

 

(3)        Date, time and place of hearing.

 

(4)            A statement that the licensee may present evidence and testimony and confront witnesses.

 

Following the hearing, the township board shall submit to the license-

holder and the Commission a written statement of its findings and

determination.

 

B.        CRITERIA FOR NONRENEWAL OR REVOCATION.  The township board shall recommend non-renewal or revocation of a license upon a determination by it that based upon a preponderance of the evidence presented at hearing either of the following exist:

 

(1)            Violation of any of the standards set forth in paragraph 1.B (1) through (11) above; or,

(2)            Maintenance of a nuisance upon the premises.

(ord. no. 7 eff. Dec. 19, 1985)

 

20.103 Sec. III. SEVERABILITY.

 

Should any section of this ordinance be declared unconstitutional or invalid, such declaration shall not affect the validity of the remaining sections of this ordinance.

(ord. no 7 eff. Dec. 19, 1985)

 

20.104 Sec. IV            . EFFECTIVE DATE.

 

This ordinance shall take effect on the date of publication.  All ordinance or parts of ordinances in conflict herewith are hereby repealed.

(ord. no. 7 eff. Dec. 19, 1985)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

 

22.000                                     CONSTRUCTION CODE ORDINANCE

                                    TOWNSHIP OF HOLTON, MICHIGAN

                                     (ord, no. 8 eff. Jan. 18, 1986)

 

Ordinance for Enforcement of Michigan State Construction Code.

 

THE TOWNSHIP OF HOLTON, MUSKEGON COUNTY, MICHIGAN, HEREBY ORDAINS:

 

22.001 Sec. 1.  ENFORCEMENT OF CODE.

 

1.1       The Township hereby elects to enforce the Michigan State Construction Code as promulgated and authorized under the State Construction Code Act of 1972, being Act. No 230 of the Public Acts of 1972, as amended.

(ord. no. 8 eff. Jan. 18, 1986)

 

22.002 Sec. 2. ENFORCEMENT AGENCY.

 

2.1       The building inspector of the Township is hereby designated as the enforcing agency for Holton Township.

(ord. no. 8 eff. Jan. 18, 1986)

 

22.003 Sec. 3. CONSTRUCTION BOARD OF APPEALS.

 

3.1       There is hereby authorized to be appointed by the Township Board, separate resolution, a construction board of appeals, to serve as prescribed in Section 14 of Act No. 230 of the Public Acts of 1972, being MCL 125.1514.  The construction board of appeals for the Township shall have three (3) members.  Members shall be appointed by the Township Board, using the standards set forth in the said Act.

(ord. no. 8 eff. Jan. 18, 1986)

 

22.004 Sec. 4. FEES.

 

4.1       The fees set forth in the various codes comprising the Michigan State Construction Code are hereby deleted, and the Township shall set fees for permits and appeals by separate resolution.  Fees shall be set in accordance with the standards set forth in the said State Construction Code Act of 1972.

(ord. no. 8 eff. Jan. 18, 1986)

 

22.005 Sec. 5. PENALTIES.

 

5.1       Any person or persons, corporations, partnerships or other entities found in violation of any of the construction code adopted by this ordinance, or any code thereunder, shall be guilty of a misdemeanor, punishable by a fine of not more that $500.00 or imprisonment in the County Jail for a term of not more than 90 days, or both such fine and imprisonment.

(ord. no. 8 eff. Jan. 18, 1986)

 

22.006 Sec. 6. EFFECTIVE DATE.

 

            6.1            This ordinance shall take effect 30 days after publication.

(ord. no. 8 eff. Jan. 18, 1986)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

35.000             GARBAGE, RUBBISH AND JUNK ORDINANCE

                        TOWNSHIP OF HOLTON, MICHIGAN

                        (ord. no. 5 eff. Jan. 18, 1986)

 

THE TOWNSHIP BOARD FOR THE TOWNSHIP OF HOLTON, COUNTY OF MUSKEGON, MICHIGAN, ORDAINS:

 

35.001 Sec. 1. TITLE.

 

This Ordinance shall be known as the Holton Township Garbage, Rubbish and Junk Ordinance.

(ord. no. 5 eff. Jan. 18, 1986)

 

35.002 Sec. 2. PURPOSE.

 

The fundamental purpose of this Ordinance is to promote the public safety, health and general welfare of the inhabitants of Holton Township.

(ord. no. 5 eff. Jan. 18, 1986)

 

35.003 Sec. 3. DEFINITIONS.

 

3.1       GARBAGE. The term garbage means any accumulation of trash, refuse or litter specifically including but not limited to containers once containing edible, drinkable or consumable materials as well as dead animals or parts thereof, and discarded edible or drinkable items, animal, fruit and vegetable wastes, discarded food of any type and all putrescribe waste.

 

3.2       RUBBISH. The term rubbish shall include waste paper, metal and glass containers of any type, metal or glass cuttings or pieces, boxes, bottles, cartons, rags, discarded clothing, discarded utensils, sweepings, crockery, nails, wire, light bulbs, signs, advertising matter, shavings, lumber, lawn or garden cuttings, and all other materials normally discarded from any household or small business.

 

3.3       JUNK. The term “junk” shall include any items of discard not normally associated with residential or small business usage, and in addition, unused or unusable building materials, furniture, machinery, appliances or parts thereof, motor vehicles or their parts, including but not limited to motor vehicles which are inoperable, and discarded tools.

            (ord. no. 5 eff. Jan. 18, 1986)

 

35.004 Sec. 4. GARBAGE AND RUBBISH; STORAGE.

 

No person, firm or corporation shall store garbage or rubbish on any premises in Holton Township unless such materials be completely contained within watertight metal or plastic containers with tight-fitting metal or plastic covers.

4.1       The owner or occupant of every building, including residential buildings, shall provide for said building and keep clean and in place containers with proper watertight fitting cover, in sufficient number and of a capacity of ten (10) gallons or more for storing garbage, refuse, ashes, rubbish, and other waste matters.

 

4.2       Containers used for the storage of garbage or rubbish shall be maintained

in a clean and sanitary condition, and shall be tightly covered except as such times as material is being placed within or removed from containers.

(ord. no. 5 eff. Jan. 18, 1986)

 

35.005 Sec. 5. JUNK; STORAGE.

 

Storage or dumping of junk as herein defined is prohibited on any premises located in the Township, unless said premise is licensed as a business by any and all applicable authorities for the salvaging, dismantling and resale of junk.

(ord. no. 5 eff. Jan. 18, 1986)

 

35.006 Sec. 6. DISPOSAL.

 

No person, firm or corporation shall deposit or dump any garbage, rubbish or junk at any place within the Township unless the place of deposit is licensed according to law, including Act No. 641 of the Public Acts of 1980, or any amendments thereto.

(ord. no. 5 eff. Jan. 18, 1986)

 

35.007 Sec. 7. ENFORCEMENT; PENALTY; EFFECTIVE DATE.

 

7.1       The provisions of this Ordinance shall be enforced by the Building Inspector, Township Supervisor, or other person authorized by the Township Board.

 

7.2       Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor, punishable by the maximum fine of $500.00 or a maximum term of ninety (90) days in jail in the County Jail, both such fine and jail term.

 

7.3            This Ordinance shall become effective thirty (30) days after publication.

(ord. no. 5 eff. Jan. 18, 1986)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

 

 

35.050                         DISMANTLED CAR ORDINANCE

                        TOWNSHIP OF HOLTON, MICHIGAN

                        (ord. no. 6 eff. Jan. 18, 1986)

 

An Ordinance to secure the public peace, health, safety and welfare of the residents and property owners of the Township of Holton, Muskegon County, Michigan, a municipal corporation, by the regulation of the outdoor parking and storage of motor vehicles, tractor trailers, house trailers, and new or used parts of junk therefrom within the Township of Holton; to provide penalties for the violation of this Ordinance, and to repeal any Ordinances or parts of Ordinances in conflict herewith,

 

THE TOWNSHIP FO HOLTON, MUSKEGON COUNTY, MICHIGAN ORDAINS:

 

35.051 Sec. 1. NAME.

 

This Ordinance shall be known and cited as the Holton Township Dismantled Car Ordinance.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.052 Sec. 2. PURPOSE.

 

The purpose of this Ordinance is to limit and restrict the outdoor storage, parking or unreasonable accumulation of junk, unused, partially dismantled or non-operating motor vehicles, house trailers, or tractor trailers, or new or used parts thereof upon premises within the Township unless such premises have been granted a license, permit or variance to store or accumulate such material; to thereby avoid injury and hazards to children and others attracted to such vehicles or trailers; to avoid the devaluation of property values and the creation of blight the presence of such vehicles or trailers create upon adjoining property owners.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.053 Sec. 3. REGULATIONS.

 

(a)        No person, firm, or corporation shall park, store, or place upon any      public right-of-way or public property, or upon any premises within the Township, any motor vehicle, house trailer, or tractor trailer or new or used parts of junk therefrom, unless the same is wholly contained within a fully enclosed building and does not violate any zoning or building laws of the Township, County, or State of Michigan, except for the following:

 

(1)            Duly licensed and operable vehicles or trailers with substantially all main component parts attached.

 

(2)            Vehicles or trailers that are temporarily inoperable, because of minor mechanical failure, but which are not, in any manner, dismantled and have substantially all main components parts attached, which may remain upon such private property.

 

(3)            Not more than one (1) vehicle in fully operating condition such as a stock car or modified car that has been redesigned or reconstructed for a purpose other than that for which it was manufactured, provided no building or garage is located upon the premises in which the same could be parked or stored.  In no event shall any such vehicle be parked in front or side yard areas of any such residential premises.

 

(4)            Premises must have a proper license, permit or variance to so store or accumulate such material.

 

(5)            One (1) vehicle unlicensed and in operable condition may be stored on each premise, but in no event shall such vehicle be parked in front or side yard areas.

 

(b)        No repairing, re-designing, modifying or dismantling work or operations shall be allowed upon any vehicle or trailer or parts thereof upon any public right of way or public property, or more than one vehicle on any property for a period in excess of 48 hours except such as shall be accomplished within fully enclosed buildings, will not constitute a nuisance or annoyance to adjoining property owners or occupants, and does not violate any provisions of any Holton Township Ordinance.  Any such work within such 48-hour period heretofore allowed shall not, however, consist of any major repair, re-designing, modifying or dismantling work, but only such occasional minor work as may infrequently be required to maintain a vehicle or trailer or parts thereof in normal operating condition.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.054 Sec. 4. NUISANCE.

 

Any parking, storage, placement, or operation in violation of the provisions of this

Ordinance are hereby declared to be a public nuisance which may be enjoined or

which may subject the violator to civil damages and the fines and penalties herein

provided for.

(ord. no. 6 eff. Jan. 18, 1986)

 

 

 

35.055 Sec. 5. CONSTRUCTION.

 

            This Ordinance shall not prevent the operation of any licensed junk yard, salvage yard, garage, body, or paint shop legally operating within a proper zone as defined in the Holton Township Zoning Ordinance, and shall be in addition to any other laws or Ordinances respecting rubbish, refuse, litter, trash, or junk control and regulations.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.056 Sec. 6. SAVING CLAUSE.

 

            The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, the remaining parts shall continue in full force and effect.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.057 Sec. 7. PENALTY.

 

Any person, firm, or corporation who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail for not to exceed 90 days, or both such fine and imprisonment.  Each day that a violation continues to exist shall constitute a separate offense.

(ord. no. 6 eff. Jan. 18, 1986)

 

35.058 Sec. 8. EFFECTIVE DATE.

 

This Ordinance shall take effect 30 days after the date of publication.  All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

(ord. no. 6 eff. Jan. 18, 1986)

 

Adopted: November 13, 1985

Published: December 19, 1985

 

 

 

40.000                         DANGEROUS BUILDINGS ORDINANCE

                        TOWNSHIP OF HOLTON, MICHIGAN

                        (ord. no. 4 eff. Dec. 19, 1985)

 

THE TOWNSHIP FO HOLTON HEREBY ORDAINS:

 

40.001 Sec. 1. TITLE AND PURPOSE.

 

            This Ordinance is known as the Dangerous Building Ordinance, and shall apply to each and every building or structure erected in the Township of Holton, either previous to the date of this ordinance or hereafter, and insofar as any said structure constitutes a dwelling as defined in Section 125.402(1) of the Compiled Laws of the State of Michigan, the Township shall enforce this ordinance only by enforcement of Michigan Compiled Laws 125.537 through 125.543, being the “Dangerous Building” section of the State of Michigan Housing Law.  The Township hereby adopts Michigan Compiled Laws 125.537 through 125.543, and incorporated said sections herein by reference.

(ord. no. 4 eff. Dec. 19, 1985)

 

40.002 Sec. 2. APPLICATION.

 

            The following provisions of this ordinance are adopted and shall apply to any building not determined to be a dwelling as above defined, which exists in the Township.

(ord. no. 4 eff. Dec. 19, 1985)

 

40.003 Sec. 3. ACTS UNLAWFUL.

 

            It is unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous building as defined in Section 4 [40.004] hereof.

(ord. no. 4 eff. Dec. 19, 1985)

 

40.004 Sec. 4 DEFINITION AND PROHIBITED CONDITIONS.

 

As used in this ordinance, “dangerous building” means any building or structure which has any of the following defects or is in any of the following conditions:

 

4.1       Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the community wherein the property lies, it shall be considered that such dwelling does not meet the requirements of this act.

           

4.2       Whenever any portion has been damaged by fire, wind, flood, or by any other cause in such manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of this act or any building code of the Township wherein the building is located for a new building or similar structure, purpose or location.

4.3       Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

 

4.4       Whenever any portion has settled to such as extent that walls or other structural portions have materially less resistant to winds than is required in the case of new construction by this act or the building code of the Township where the building is located.

 

4.5       Whenever the building or structure or any part, because of dilapidation, deterioration, delay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, it likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

 

4.6       Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used.

 

4.7       Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to restore thereto for the purpose of committing a nuisance or unlawful or immoral acts.

 

4.8       Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.

 

4.9       Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(ord. no. 4 eff. Dec. 19, 1985)

 

 

40.005 Sec. 5. ENFORCEMENT AND NOTICE.

 

5.1       Notwithstanding any other provision of this act, when the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the building inspector shall issue a notice of the dangerous and unsafe condition.

 

5.2       Such notice shall be directed to each owner of or party in interest in the building in whose name the property appears on the last local tax assessment records.

 

5.3       The notice shall specify the time and place of a hearing on the condition of the building or structure at which time and place the person whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.

 

5.4       The hearing officer shall be appointed by the Township Supervisor to serve at his pleasure.  In the absence of such appointment, the chairman of the Township Zoning Board of Appeals shall be the hearing officer.  The building inspector shall file a copy of the notice of the dangerous and unsafe condition with the hearing officer.

 

5.5       All notices shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by certified mail, return receipt requested, addressed to such owner or party in interest at the address shown on the tax records, at least ten (10) days before the date of the hearing described in the notice.  If any person to whom a notice is directed is not personally served, in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure.

(ord. no. 4 eff. Dec. 19, 1985)

 

40.006 Sec. 6. HEARINGS.

 

6.1       The hearing officer shall take testimony of the building inspector, the owner of the property and any interested party.  The hearing officer shall render his decision either closing the proceedings or ordering the building demolished or otherwise made safe.

 

6.2       If it is determined be the hearing officer that the building or structure should be demolished or otherwise made safe, he shall so order, fixing a time in the order for the owner, agent or lessee to comply therewith.

 

6.3       If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order, the hearing officer shall file a report of his findings and a copy of his order with the Township Board and request that the necessary action be taken to demolish or otherwise make safe the building or structure.  A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in Section 5 [40.005].

 

6.4       The Township shall fix a date for hearing, reviewing the findings and order of the hearing officer and shall give notice to the owner, agent, or lessee in the manner prescribed in Section 5 [40.005] of the time and place of the hearing.  At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe and the Township Board shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.

 

6.5       The cost of the demolition or making the building safe shall be a lien against the real property and shall be reported to the assessing officer of the Township who shall assess the cost against the property on which the building or structure is located.

 

6.6       The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records.  If he fails to pay the same within thirty (30) days after mailing by the assessor of the notice of the amount thereof, the assessor shall add the same to the next tax roll of such Township and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by such Township.

(ord. no. 4 eff. Dec. 19, 1985)

 

40.007 Sec. 7. APPEAL.

 

An owner aggrieved by any final decision of order of the Township Board under Section 6 [40.006] may appeal the decision or order to the Circuit Court by filing a petition for an order of superintending control within twenty (20) days from the date of the decision.

(ord. no. 4 eff. Dec. 19, 1985)

 

 

 

40.008 Sec. 8. MISCELLANEOUS.

 

This ordinance is adopted pursuant to the authority granted by Michigan Compiled Laws 41.181, for the protection of the public health, safety and general welfare of persons in the Township.

 

If any section or part of a section of this ordinance is declared to be invalid by any court, the remaining sections of the said ordinance shall continue to be in force and are declared to be severable from the said section.

 

This ordinance shall be effective immediately upon publication.

(ord. no. 4 eff. Dec. 19, 1985)

 

Adopted: November 13, 1985

Published: December 19, 1985