ORDINANCE NO. 2018-229 – CEMETERY
ORDINANCE NO. 76 – HAWKERS AND PEDDLERS
ORDINANCE NO. 130 – REJECT FLUORIDE
ORDINANCE NO. 133 – BICYCLES
ORDINANCE NO. 136 – ABOLISH OFFICE OF CONSTABLE
ORDINANCE NO. 201 – PARKS & RECREATIONS
ORDINANCE NO. 214 – AMENDMENT TO ORDINANCE NO. 201 (PARKS & RECREATIONS)
ORDINANCE NO. 138-B – SIDEWALKS
ORDINANCE NO. 229 – AMENDMENT TO ORDINANCE 138-B (SIDEWALKS)
ORDINANCE NO. 144 – CABLE TELEVISION
ORDINANCE NO. 149 – LIBRARY
ORDINANCE NO. 179 – FIRE CHARGE ORDINANCE, as amended
ORDINANCE NO. 192 – RENTAL HOUSING
ORDINANCE NO. 193 – CABLE TV RATE REGULATIONS & PROCEDURES
ORDINANCE NO. 208 – TELECOMMUNICATIONS
ORDINANCE NO 208-05 – GARBAGE/SOLID WASTE
ORDINANCE NO. 209-06 – VIOLATIONS
ORDINANCE NO. 212 – ADULT BOOKSTORES/THEATERS/RETAIL STORES
ORDINANCE NO. 2011-218 – OFFICE OF CITY MANAGER
ORDINANCE NO. 220 – PLANNING COMMISSION, as amended
ORDINANCE NO. 38 – SALARY FOR OFFICERS, as amended
CITY OF STANTON, MICHIGAN
effective December 29, 1991
An ordinance relative to the compensation and salaries of certain officers in the City of Stanton.
THE CITY OF STANTON ORDAINS:
Sec. 1. COMPENSATION BASED ON ATTENDANCE AND PAID QUARTERLY.
The compensation of the mayor and commissioners shall be based upon attendance at each regular and special commission meeting. Such compensation shall be provided in the annual budget of the City and shall be paid quarterly to the Mayor and Commission members (As amended by ord. no. 186.)
Sec. 2. COMPENSATION FOR MAYOR.
The mayor shall receive $40.00 for each regular or special commission meeting attended. This compensation shall constitute the only compensation which may be paid on behalf of the City during his or her tenure of office, except he or she may be paid bona fide expenses incurred, in service on behalf of the City as are authorized, itemized and approved by the Stanton City Commission. (As amended by ord. no. 186.)
Sec. 3. COMPENSATION FOR COMMISSONERS.
Commissioners shall receive $30.00 for each regular or special commission meeting attended. This compensation shall constitute the only compensation which may be paid commissioners for the discharge of any official duty for and on behalf of the City during their tenure of office, except they may be paid bona fide expenses incurred, in service on behalf of the City as are authorized, itemized and approved by the Stanton City Commission. (As amended by ord. no. 186.)
Sec. 4. VALIDITY OF ORDINANCE.
If any section, paragraph, sentence, clause or phrase of this Ordinance shall be held invalid, the same shall not affect any other part of this Ordinance.
Sec. 5. REPEAL CLAUSE.
All Ordinances and resolutions and parts thereof, insofar as the same may be in conflict herewith, are hereby repealed. (As amended by ord. no. 186.)
Sec. 6. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force on and after December 29, 1991. (As amended by ord. no. 186.)
ORDINANCE NO. 2018-229 – CITY CEMETERY ORDINANCE
CITY OF STANTON, MICHIGAN
Adopted: April 10, 2018
Published: April 25, 2018
Effective: May 25, 2018
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY ESTABLISHING REGULATIONS RELATING TO THE OPERATION, CONTROL, MAINTENANCE AND MANAGEMENT OF CEMETERIES OWNED, CONTROLLED OR OPERATED BY THE CITY OF STANTON, IN MONTCALM COUNTY, MICHIGAN; TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE, AND TO REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
THE CITY OF STANTON (“City”), COUNTY OF MONTCALM, MICHIGAN ORDAINS:
Section 1. Title
This Ordinance shall be known and cited as the “City of Stanton Cemetery Ordinance.”
Section 2. Purpose and Intent
The City Commission for the City of Stanton recognizes and concludes that the proper and reasonable maintenance, appearance and use of the cemetery or cemeteries owned or controlled by the City is an important function of the government of the City. It is also important that burials, disinterments and other matters associated with a municipal cemetery are handled in a respectful and proper way in order to promote the safety, public health and general welfare of the community. The City Commission finds that the adoption and enforcement of this Ordinance is in the best interests of the property owners and residents of the City.
Section 3. Definitions
- A “cemetery plot” shall consist of an area in a City cemetery sufficient to accommodate one burial space for one deceased person. It shall consist of a land area of forty-eight (48) inches wide and ninety-six (96) inches in length. Exceptions may be made with City permission to accommodate infant burial or the burial of cremains. The City Commission may change the dimensions of a cemetery plot from time to time by resolution.
- “City” means the City of Stanton.
- “City cemetery” or “cemetery” means any cemetery owned, operated and/or controlled by the City.
- “Winter” means the months of the year when excavating a grave-site is more difficult due to the ground being frozen. Typically this occurs from December 1 to April 1 each year.
Section 4. Sale of Cemetery Plots; Nontransferable
- After the effective date of this Ordinance, cemetery plots shall be sold by the City for the purpose of burial for the purchaser of a cemetery plot, or his or her immediate family. No sale shall be made to funeral directors or others, except for those acting as an agent for an eligible purchaser.
- The sale or transfer of a cemetery plot to a person grants a right of burial only and does not convey any other title or right to the cemetery plot or burial space sold or transferred to the person receiving the cemetery plot. All sales and transfers of cemetery plots shall be made on a form approved by the City Commission and signed by the designated City official. Such forms shall be signed by the City Clerk or Deputy City Clerk, and shall constitute a burial permit when issued.
- Cemetery plots may be sold by the City to any resident or taxpayer of the City. The City Clerk is hereby granted the authority to vary that restriction on sales where the purchaser discloses sufficient personal reason for burial within the City through previous residence in the City or relationship to persons interred in the City cemetery involved. Any such decision by the City Clerk (either granting or denying such variance) may be overturned or modified by the City Commission pursuant to Section 23 hereof.
- At the time of purchase from the City, each cemetery plot shall be assigned the name or relationship of the specific person who shall be interred in that cemetery plot upon death. Each such person must either be a resident or taxpayer of the City, or be a member of the immediate family of a qualified purchaser (unless modified pursuant to Subsection (c), above). If the owner of a cemetery plot desires to effectuate a name change regarding the assigned cemetery plot, that person must present the original City cemetery plot assignment document (or equivalent document or documents) to the City Clerk for formal reassignment by the City, since cemetery plots are otherwise nontransferable.
- Cemetery plots are nontransferable without prior written approval by the City.
- The City Commission shall have the authority to place a limit on the number of cemetery plots sold to a particular person, as well as such person’s family and relatives. Furthermore, the City shall have the absolute right and discretion to determine whether a particular cemetery plot or plots will be sold or transferred to a specific person and where such cemetery plot or plots will be located and within which City cemetery. Such decision shall be based upon reasonable factors, including, but not limited to, the number of vacant cemetery plots available and whether family or relatives of the person seeking to purchase a cemetery plot or plots are buried adjacent or nearby the cemetery plot or plots requested.
- The City shall have the right to correct any errors that may be made concerning interments, disinterments, or in the description, transfer or conveyance of any cemetery plot, either by cancelling the permit for a particular vacant cemetery plot or plots and substituting and conveying in lieu thereof another vacant cemetery plot or plots in a similar location within the cemetery at issue or by refunding the money paid for the cemetery plot to the purchaser or the successor of the purchaser. In the event that an error involves the interment of the remains of any person, the City shall have the right to remove and transfer the remains so interred to another cemetery plot in a similar location in the same City cemetery in accordance with law.
- The owner of every cemetery plot shall be responsible for promptly notifying the City whenever that person’s mailing address changes.
- No remains (except for cremation ashes) shall be buried within the City except in a City cemetery, church cemetery or other lawful cemetery.
Section 5. Purchase Price for Cemetery Plots; Indigent Burials
- The purchase price for all cemetery plots shall be set by a resolution adopted by the City Commission. The City Commission may by resolution periodically alter the fees to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisition.
- All charges for cemetery plots shall be paid to the City Treasurer.
- The City Commission may waive some or all fees for the burial of indigent persons. Furthermore, the City Commission may set aside a portion of a City cemetery or cemeteries for the burial of indigent persons.
Section 6. Grave Opening Charges
- The City may charge reasonable fees for the opening and closing of any cemetery plot, prior to and following a burial therein, and including the interment of ashes. Such fees shall be set or changed from time to time by resolution of the City Commission, and be made payable to the City.
- All charges for the opening of closing of a cemetery plot shall be paid to the City Treasurer.
- No cemetery plot shall be opened or closed except under the direction and control of the City Sexton. This subsection (b) shall not apply to any grave opening, disinterment, or similar matter which is done pursuant to a valid court order or under the supervision and direction of local or State Health Department authorities; however, even in such cases, the City Sexton shall be given at least twenty-four (24) hours’ prior notice of when such grave opening or closing will occur.
Section 7. Markers or Memorials
- All markers and memorials must be comprised of stone, granite or other equally durable composition.
- No marker, memorial or other item associated with a grave shall extend beyond the width and length of the cemetery plot involved.
- The footing or foundation upon which any marker or memorial must be placed shall be constructed by the City, or such person(s) as may be designated by the City Commission. Fees for such work shall be set from time to time by resolution of the City Commission, payable to the City.
- Should any monument or memorial (including any monument or memorial that was in place before this Ordinance became effective) become unsightly, broken, moved off its proper site, dilapidated or a safety hazard, the City Sexton shall have the right, at the expense of the owner of the cemetery plot, to correct the condition or remove the same. The City shall make reasonable attempts to contact the owner of the cemetery plot prior to any such work beginning.
- The maintenance, repair and upkeep of a cemetery memorial, marker, urn or similar item is the responsibility of the heirs or family of the person buried at that location. The City has no responsibility or liability regarding the repair, maintenance or upkeep regarding any such marker, monument, memorial, urn or similar item.
Section 8. Interment Regulations
- For remains in a casket, one person shall be buried in a cemetery plot, except for a parent and infant child or two children buried at the same time when approved by the City. For cremated remains, no more than three persons shall be buried in a cemetery plot.
- The City shall be given not less than 36 hours’ prior notice of any funeral to allow for the opening of the cemetery plot. The opening and closing of cemetery plots shall be done only by the City or such person or persons as are designated by the City.
- The appropriate burial permit issued by the City for the cemetery plot involved, together with appropriate identification of the person to be buried therein and the burial-transit permit from the health department (if applicable), shall be presented to either the City Sexton or the City Clerk (or other designated City official) prior to interment. Where such burial permit has been lost or destroyed (if applicable), the City Clerk must be satisfied, from his or her records, that the deceased person to be buried in the cemetery plot is an authorized and appropriate person for that space before any interment is commenced or completed.
- The surface of all graves shall be kept in an orderly and neat-appearing manner within the confines of the cemetery plot involved.
Section 9. Disinterments
- No disinterment or the digging up of an occupied grave shall occur without a City disinterment permit.
- No disinterment or digging up of an occupied grave shall occur until and unless any and all permits, licenses and written authorizations required by law for such disinterment or digging up of an occupied grave have been obtained from any applicable State or County agency, governmental unit or official, and a copy of the same has been filed with the City.
- The City Commission shall have the authority to refuse to allow a disinterment or the digging up of an occupied grave (and to refuse to issue a City disinterment permit for the same) if the disinterment or digging up of an occupied grave is not done pursuant to a court order (issued by a court of competent jurisdiction) or does not have a reasonable basis.
- No disinterment permit shall be issued by the City until the City disinterment application form (as authorized by the City Commission) has been fully completed (and signed by a properly authorized person) and filed with the City.
Section 10. Winter Burials
- The City may charge additional fees for winter burials.
- If a winter burial cannot occur due to inclement weather, frozen ground or similar condition, the deceased person may be kept in winter storage until a spring burial can occur. The City is not obligated to provide winter storage. All such winter storage costs shall be paid by the estate of the deceased person or the person’s next of kin.
- No winter burials shall occur without the prior consent of the City Sexton.
Section 11. Cremains
- Cremains may be buried in a container approved by the City in a cemetery plot or in a columbarium that has been installed by the City within a City cemetery.
- No cremains shall be scattered or dispersed within a City cemetery.
Section 12. Grounds Maintenance
- Winter: All decorations, artificial flowers and grave blankets may be placed and maintained at the head stones of graves beginning December 1 and shall be removed by April 1 each year for spring cleanup. Any winter decorations that are not removed by April 1 shall be considered abandoned and may be disposed of by the City Sexton.
- Summer: Flowerpots and urns may be placed on graves beginning May 1 and shall be removed by November 1 each year for fall cleanup. Any summer decorations that are not removed by November 1 shall be considered abandoned and may be disposed of by the City Sexton.
- Military flags, flag holders and other Veteran items shall be governed by the Veteran’s Administration rules and guidelines.
- No grading, leveling or excavating within a cemetery shall be allowed without the prior permission of the City Sexton. Furthermore, no tree, shrub, landscaping or similar plantings shall occur without the prior permission of the City Sexton.
- The City Sexton reserves the right to remove or trim any existing trees, plants or shrubs located within a cemetery in the interest of maintaining proper appearance and the use of the cemetery.
- Mounds, bricks, blocks and any borders that hinder the free use of a lawn mower or other gardening apparatus are prohibited.
- The City Sexton shall have the right and authority to remove and dispose of any and all growth, plants, emblems, displays, containers and other items that have become unsightly due to decay, deterioration, damage or neglect and have been determined to be a source of litter or a maintenance problem.
- All refuse of any kind or nature including, but not limited to, dried flowers, wreaths, papers and plastic flower containers must be removed from the cemetery within 10 days after a burial.
- No glass containers or items are allowed.
- Each burial plot may have an area on the ground around the headstone within twelve (12) inches of the stone for the planting of flowers, ground plants and similar plants that do not exceed 18 inches in height, together with mulch, topsoil or other similar natural ground cover. An edging is required for any ground cover decoration and shall be preapproved by the City Sexton. Decorative or ornamental stones are prohibited.
- Except for markers, memorials, flowers, urns and ground cover decorations expressly allowed by this Ordinance, and military flags or other veteran items as authorized by law, no additional item (including, but not limited to, ornaments, signs, trellises, statues, benches, landscaping, bricks, stones, plants, trees, grave border materials or other structures) shall be installed or maintained within a City cemetery, nor shall any grading, digging, mounding or similar alteration of the ground or earth occur except as authorized by this Ordinance.
Section 13. Disclaimer of City Liability and Responsibility
Any person who enters, remains in or travels within a City cemetery does so at his or her own risk. The City is not responsible for any injury, accident or other calamity that might occur to any person present in a City cemetery. Furthermore, the City is not responsible for any damage or vandalism to, theft of or deterioration of any burial monument, headstone, flower urn or other item placed at or near a cemetery plot, burial site or anywhere in a City cemetery. The purchaser or transferee of any cemetery plot or the equivalent (and all subsequent transferees, assigns, heirs, or beneficiaries) hereby releases, waives, indemnifies and holds harmless the City for, from and against any injury, damages, causes of action, claims, costs and expenses associated with, relating to and/or involving the cemetery plot or similar right, any headstone, monument or similar items, and any matter related to the cemetery involved. Such waiver, release and hold harmless provision shall apply to and benefit not only to the City, but also as to the City Sexton and any City employee, officer, official or agent.
Section 14. Forfeiture of Vacant Cemetery Plots or Burial Spaces
Cemetery plots or burial spaces sold or granted after the effective date of this Ordinance and remaining vacant for forty (40) years or more from the date of their sale shall automatically revert to the City upon the occurrence of the following events:
- Notice shall be sent by the City Clerk by first-class mail to the last known address of the last owner of record informing him/her of the expiration of the 40-year period and that all rights with respect to said plots or spaces will be forfeited if he/she does not affirmatively indicate in writing to the City Clerk within sixty (60) days from the date of mailing of such notice of his/her desire to retain such burial rights; and
- No written response to said notice indicating a desire to retain the cemetery plots or burial spaces in question is received by the City Clerk from the last owner of record of said plots or spaces, or his/her heirs or legal representative, within sixty (60) days from the date of mailing of said notice.
Section 15. Repurchases of Plots or Burial Spaces
The City may repurchase any cemetery plot from the owner for a price set by the City Commission, upon the written request of said owner or his or her legal heirs or representatives.
Section 16. Records
The City Clerk shall maintain records concerning all burials, cemetery plots, issuance of burial permits and any other records of the City related to City cemeteries, and the same shall be open to public inspection at all reasonable business hours.
Section 17. Vaults
- All burials shall be within a standard concrete vault installed or constructed in each cemetery plot before interment. Vaults of other suitable materials may be allowed at the discretion of the City.
- Cremains shall be in a container approved by the City.
Section 18. Cemetery Hours
Unless otherwise specified by the City Commission by resolution, the City cemetery shall be closed during the hours from sunset to sunrise. During those hours, no person shall be present in a City cemetery. Such prohibition on being present in a City cemetery during the time when a City cemetery is closed shall not apply to the City Sexton, any City official, a person accompanied by the City Sexton or other City official, or any law enforcement or firefighting official when engaged in the lawful duties of any such office or position.
Section 19. Prohibited Uses and Activities
The following prohibitions shall apply within any City cemetery:
- No person shall destroy, deface, apply graffiti to or otherwise injure any monument, sign, tree or other lawful item located within a City cemetery.
- No person shall disturb the peace or unreasonably annoy, harass or disturb any other person who is lawfully present on the grounds of any City cemetery.
- No vehicles shall be driven on any portion of the cemetery except on designated roads or drives. (This prohibition shall not apply to authorized vehicles such as City lawn care and maintenance vehicles, funeral parlor vehicles, vehicles associated with opening or closing a grave, and other similar utility vehicles.)
- There shall be no entry or presence in the cemetery by any person when the cemetery is closed or outside of authorized times.
- There shall be no destruction of cemetery property.
- There shall be no destruction, defacing, cutting, etc., of any tree or plant within a cemetery.
- There shall be no headstones, ornaments, vases, plastic flowers, fences, benches, trellises, statues, signs or any other item placed, kept, installed or maintained in a cemetery except those expressly allowed by this Ordinance.
- There shall be no disturbing of the peace or engaging in any loud or boisterous conduct.
- There shall be no digging, grading or mounding unless expressly authorized by this Ordinance.
- There shall be no use of off-road motorcycles, snowmobiles, four-wheelers, go-carts or similar vehicles.
- There shall be no gathering of persons in excess of 75 people without prior City approval (except during or incidental to a funeral occurring concurrent with burial).
- There shall be no disinterment or grave openings unless approved by the City.
- There shall be no possession or consumption of any alcoholic beverage on cemetery property.
- There shall be no music, playing of any radio, or the use of any amplification device or similar item, except pursuant to a military ceremony, by an honor guard or for a funeral or graveside service.
- There shall be no solicitation or peddling of services or goods or any signs or placards advertising any goods or services.
- There shall be no littering or dumping.
- There shall be no unlawful interference with or disruption of a lawful funeral or funeral procession.
- There shall be no private signs, lighting, moving displays or changeable copy on a sign.
- There shall be no fires, candles or open flames.
- No children under twelve (12) years of age shall be allowed in any City cemetery unless accompanied by an adult and are properly supervised by an adult.
- Cars and other vehicles driven in the cemetery shall not exceed a speed of 10 miles per hour.
- No firearms or archery arrows shall be discharged or shot except that police or military or other veterans organizations may carry arms for the purpose of firing blank bullets or rounds for the purpose of providing “Military Honors” at the burial of a member.
- No person shall engage in any fight, quarrel or disturbance.
- Cremains or ashes of a deceased person shall not be scattered or dispersed.
- There shall be no dumping, vandalizing or tipping over of any lawful garbage container or receptacle.
Section 20. Authority of the City Sexton
- The City Commission shall appoint a City Sexton, who shall serve at the discretion of the City Commission. The City Sexton may be a City employee or independent contractor for the City at the discretion of the City Commission.
- The City Sexton shall assist other City officials with the enforcement and administration of this Ordinance.
- The City Sexton shall have such duties and obligations with regard to City cemeteries as may be specified from time to time by the City Commission.
Section 21. Fees
The City Commission shall have the authority to set or change fees pursuant to this Ordinance from time to time by resolution. Such fees can include, but are not limited to, a fee or fees for a burial permit, disinterment permit, grave opening, setting of foundations, grave closing, winter or holiday burial, the price for a new cemetery plot, transfer fees for cemetery plots, and other matters.
Section 22. Applicability of this Ordinance
- This Ordinance shall apply only to cemeteries owned, controlled or operated by the City.
- The provisions of this Ordinance shall not apply to City officials or their agents or designees involved with the upgrading, maintenance, administration or care of a City cemetery.
- The provisions of this Ordinance shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.
Section 23. Interpretation/Appeals to the City Commission
- The City Commission shall have the authority to render binding interpretations regarding any of the clauses, provisions or regulations contained in this Ordinance and any rule or regulation adopted pursuant to this Ordinance, as well as their applicability. The City Commission (or its designee) is also authorized to waive application of the strict letter of any provision of this Ordinance or any rules or regulations promulgated under this Ordinance where practical difficulties in carrying out the strict letter of this Ordinance or any rules or regulations related thereto would result in hardship to a particular person or persons or the public. Any such waiver, however, must be of such a character as it will not impair the purposes and intent of this Ordinance.
- Any party aggrieved by any interpretation or decision made by the City Sexton or any City official, agent or contractor pursuant to this Ordinance, as well as any matter relating to a City cemetery, rights to a cemetery plot, or other matter arising pursuant to this Ordinance, shall have the right to appeal that determination/decision or matter to the City Commission. Any such appeal shall be in writing and shall be filed with the City within thirty (30) days of the date of the decision, determination or other matter being appealed from. The City shall give the aggrieved party who filed the written appeal with the City at least ten (10) days’ prior written notice of the meeting at which the City Commission will address the matter unless an emergency is involved, in which case the City shall utilize reasonable efforts to notify the aggrieved party who filed the appeal of a special or emergency meeting of the City Commission at which the matter will be addressed. Pursuant to any such appeal, the decision of the City Commission shall be final.
- The City Commission may set a fee or fees for any such appeal from time to time by resolution.
Section 24. Authority of the City to Remove Unauthorized or Unlawful Items from a City Cemetery
- Any monument, marker, planting, trellis, personal item, urn, flowers or foliage (whether real or artificial), structure, flag (except for lawful veterans flags), or other item that has been placed, installed, left or maintained in any City cemetery in violation of this Ordinance, any City rule or regulation regarding City cemeteries, or any County, State or Federal law, statute or regulation may be removed by the City from the City cemetery at any time and destroyed or disposed of by the City without any prior notice to, permission from, or liability or obligation to the person or persons who left, installed, maintained or kept such item in the City cemetery.
- No such item (including, but not limited to, a monument, marker, planting, trellis, personal item, urn, flowers or foliage, structure, flag, or similar item) can be installed, placed, maintained or kept in a City cemetery unless expressly authorized by this Ordinance or a written rule or policy of the City. Even if such an item is authorized to be installed, kept, maintained or left in a City cemetery, the City shall still have the discretion to remove any such item at any time and dispose of the same without prior notice to, consent from or liability to the person or persons who installed, maintained or left such item in a City cemetery.
Section 25. Existing Monuments, Markers, Landscaping, Structures or other Items
- Any item prohibited by this Ordinance (including, but not limited to a monument, marker, landscaping, structure, trellis, statue, bench, ornament, sign, or other personal item) that lawfully existed within the cemetery prior to the effective date of this Ordinance and does not constitute a safety hazard may remain, but shall not be replaced once the item has become unsightly by reason of neglect or age. The City Sexton shall make the determination for removal of these items.
- This provision shall not apply to any existing solar powered light or the equivalent not installed by the City.
Section 26. Penalties
- A violation of this Ordinance (or of any rule or regulation adopted pursuant to this Ordinance) constitutes a municipal civil infraction. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this Ordinance, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this Ordinance, shall be in violation of this Ordinance and shall be responsible for a civil infraction. The civil fine for a municipal civil infraction shall be not less than one hundred dollars ($100) for the first offense and not less than two hundred dollars ($200) for subsequent offenses, in the discretion of the court, in addition to all other costs, damages, expenses and remedies provided by law. For purposes of this section, “subsequent offense” means a violation of the provisions of this Ordinance committed by the same person within twelve (12) months of a previous violation of the same provision of this Ordinance or similar provision of this Ordinance for which said person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.
- A violation of any permit or permit condition issued pursuant to this Ordinance shall also constitute a violation of this Ordinance.
Section 27. City Officials Who Can Enforce this Ordinance
Unless otherwise specified by the City Commission by resolution, the following officials or officers shall have the authority to enforce this Ordinance and to issue municipal civil infraction citations/tickets pursuant to this Ordinance:
• City Mayor
• City Clerk
• City Sexton
• City Zoning Administrator
• City Ordinance Enforcement Officer
• Any Deputy of the Montcalm County Sheriff’s Department
• Any State Police officer
Section 28. Severability
The provisions of this Ordinance are hereby declared to be severable and should any provision, section or part thereof be declared to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall only affect the particular provision, section or part thereof involved in such decision and shall not affect or invalidate the remainder of this Ordinance, which shall continue in full force and effect.
Section 29. Repeal
This Ordinance repeals the prior City Cemetery Ordinance, as amended (Ordinance No. 58, adopted on July 10, 1914.
Section 30. Effective Date; Conflicts
This Ordinance shall become effective upon expiration of thirty (30) days after a copy of this Ordinance (or summary thereof) appears in the newspaper. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
ORDINANCE NO. 76 – HAWKERS AND PEDDLERS
CITY OF STANTON, MICHIGAN
effective November 1, 1914
An ordinance providing for the licensing and regulating of persons engaged in the business of hawking and peddling within the City of Stanton.
THE CITY OF STANTON ORDAINS:
Sec. 1. LICENSE REQUIRED.
No person, firm or corporation shall engage in the business of hawking or peddling within the City of Stanton without first having obtained a license to engage in such business, such licenses to be issued as hereinafter provided.
Sec. 2. PERSONS, FIRMS, CORPORATIONS AFFECTED; EXCLUSIONS.
Any person, firm or corporation desiring a license as required by Section 1 hereof, shall make application therefor to the City Clerk of the City of Stanton. Such application shall be made in writing on such forms as the City Clerk shall prescribe and in such application the applicant shall state, 1st., applicant’s name; 2nd., applicant’s age; 3rd., applicant’s place of residence; 4th., kind of goods, wares or merchandise to be sold, (if agricultural products are to be sold applicant shall state whether or not applicant or members of his family produced such products). 5th., whether or not applicant has ever been convicted of a crime or crimes and if he has been so convicted he shall state when, where and of what offense he was convicted; 6th., length of time in for which applicant has been engaged in the kind of business for which he seeks a license in the City of Stanton; 7th., places in which applicant has been engaged in such business during the year prior to the date of such officer empowered to administer oaths, that the statements made in such application are true. In case such applicant seeks a license to hawk or peddle food products of any kinds, he shall present with such application a physician’s certificate made within ten days of the date of such application, certifying to the fact that such applicant is, on the date of said certificate, free from any infectious, contagious or communicable disease. Upon filing such application with the Said City Clerk, the applicant shall pay to the said accordance with the schedule hereinafter set forth, provided that no applicant shall be required to pay a fee for a license to hawk or peddle agricultural products produced by the applicant himself or by members of his family.
SCHEDULE OF FEES:
License food for one week or less $50.00
License good for one moth $125.00
All sums collected hereunder by the said City Clerk shall be placed in the Contingent Fund of the City.
Sec. 3. CITY CLERK; FEES; TO ISSUE LICENSE.
Upon filing of such application and upon the payment of the fee in accordance with the foregoing schedule the City Clerk shall issue to the said applicant a license signed by the Clerk upon such form as said clerk shall prescribe.
Sec. 4. APPLICATIONS; KEPT ON FILE.
All applications made in accordance with this Ordinance shall be kept on file with the City Clerk and any person requesting to do so, shall be permitted to inspect any application filed.
Sec. 5. LICENSE; TO BE SHOWN UPON REQUEST.
Any person engaged in the business of hawking or peddling as defined in this Ordinance, shall, upon request of any resident of the City of Stanton, show his license to engage in such business and refusal of any such persons engaged in any such business, to show his license up request, shall be deemed a violation of this Ordinance.
Sec. 6. OFFERING TO SELL; SEPARATE VIOLATION.
Each offer to sell goods, wares, or merchandise by any person, under such circumstance as to render such an offer an act of hawking or peddling, as defined in this Ordinance, shall be deemed a separate violation of this Ordinance unless the person offering to sell then and there has a valid license, as provided by this Ordinance.
Sec. 7. LICENSES; EXPIRATIONS DATE.
All licenses issued hereunder shall expire on the first Monday of June next succeeding the date of the issuance thereof, unless limited to expire prior to said time.
Se. 8. HAWKING DEFINED.
Hawking or peddling as defined in this Ordinance, shall mean: (1) the sale or offering for sale of any goods, wares or merchandise from door to door within said City; (2) the sale or offering for sale of any goods, wares or merchandise from any vehicle standing or moving through said City or from a fixed point within said City; (3) the sale or offering for sale within said City of any goods, wares or merchandise from any stand other than a permanent building; (4) the sale of offering for sale of any goods, wares or merchandise on the streets of sidewalks in the said City, for goods, wares or merchandise by any person from samples or catalog.
Sec. 9. EXCLUSIONS: WHOLESALERS.
The provisions of this Ordinance shall not apply to any person, firm or corporation selling at wholesale for resale to any person, firm or corporation engaged or about to engage or about to engage in business of selling at wholesale or retail.
Sec. 10. VIOLATIONS AND PENALTIES.
Any person, firm or corporation who violates any of the terms of this Ordinance, shall be guilty of a misdemeanor and shall be punished by being required to pay a fine of not less than five dollars nor more than one hundred dollars and costs of the prosecution or by being confined in the County Jail of the County of Montcalm for a term not to exceed ninety days or by both such fine and imprisonment, in the discretion of the Court
Sec. 11. VALIDITY.
Should any portion or part of this Ordinance be found to be invalid or unconstitutional the remaining portion of the Ordinance shall be deemed to be valid and of full force and effect.
Sec. 12. REPEAL CLAUSE.
All ordinances, or parts of ordinances, contravening the provision of this Ordinance or inconsistent therewith, are repealed hereby.
Sec. 13. EFFECTIVE DATE.
This ordinance shall become effective on the 1st day of November, A.D. 1932.
Passed, ordained and enacted by the Common Council of the City of Stanton on this sixth day of October A.D. 1932.
ORDINANCE NO. 130 – REJECT FLUORIDE
CITY OF STANTON, MICHIGAN
effective July 19, 1973
AN ORDINANCE TO REJECT THE USE OF FLUORIDE IN PUBLIC WATER SUPPLY.
THE CITY OF STANTON ORDAINS:
Sec. 1. FLOURIDATION REJECTED.
Pursuant to Act No. 346 of the Public Acts of 1968, the City of Stanton hereby rejects the required addition of Fluoride to the water supply system of the City of Stanton.
Sec. 2. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the 19th day of July, 1973.
ORDINANCE NO. 133 – BICYCLES
CITY OF STANTON, MICHIGAN
effective June 1, 1974
AN ORDINANCE PROVIDING FOR THE REGISTRATION AND LICENSING OF BICYCLES IN THE CITYOF STANTON AND PROVIDING PENATLY FOR VIOLATION THEREOF:
THE CITY OF STANTON ORDAINS:
Sec. 1. DEFINITIONS
Whenever in this Ordinance the following terms are used they shall have the meaning respectively assigned to them in this Section.
- Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels, wither of which is not less than 20 inches in diameter.
- Licensee means any person who procures from the City Clerk, a license plate for bicycle, together with any accompanying registration card.
- Operate means to use, put into action, or cause to function any bicycle by a person mounted thereon.
- In addition to the above definitions, any applicable definition of the Uniform Traffic Code, being Ordinance No. 133 of the City of Stanton, shall be deemed to be included herein.
Sec. 2. REGISTRATION; LICENSE.
It shall be unlawful for any person to operate a bicycle upon any street, sidewalk or any other place open to the general public, including any area designated for the parking of motor vehicles in the City without having first registered said bicycle and secured a license therefor pursuant to the terms of this Ordinance.
Sec. 3. APPLICATION.
Application for registration and license for bicycles shall be made by the owner in writing to the City Clerk of the City of Stanton upon forms provided by the City Clerk.
Such application shall be signed by the owner and if the owner is a person under eighteen (18) years of age, the signature shall be witnessed by a parent or guardian of the owner and shall state the full name and address of the owner of the bicycle, the name of the manufacturer, the serial number of the frame thereof, the approximate date when the owner obtained title thereto, and if not new when obtained, the name and address of the person from whom it obtained.
The application and bicycle to be registered and licensed shall be brought to the Chief of Police for the purpose of examination.
The Chief of Police or some person authorized by him shall examine the bicycle, and if he finds the mechanical condition thereof such as it can be safely operated and that it be equipped with the lights and attachments as required by the Uniform Traffic Code for the City of Stanton, being Ordinance No. 125 and finds that the statements made in the application are true, he shall mark the application approved, attach his signature and return the application to the applicant. The applicant shall thereupon file the application with the City Clerk, and pay a license fee of $1.00.
The City Clerk shall upon receiving such application and license fee, issue to the owner of the bicycle a registration card shall contain the name and address of the owner and the description of the bicycle contained in the application. The applicant shall affix his signature to the registration card when issued in the presence of the City Clerk, who shall, with said certificate, also issue to the owner, a license which shall contain the words Stanton and the number of the license, the registration card and license shall have the same number. The license shall be attached to the frame of the bicycle below the seat.
After the issuance of the registration card and license, the City Clerk shall endorse upon the application, the date of issuance and the number thereof; the application shall be kept on file in the office of the City Clerk.
Sec. 4. TERM OF LICENSE.
The license so issued shall be permanent so long as the bicycle is owned by the same owner.
Sec. 5. SALE OR DESTRUCTION OF BICYLE—SURRENDER OF LICENSE.
When any bicycle which has been registered and licensed as herein provided is sold or is otherwise disposed of or destroyed, the licensee shall immediately surrender to the Chief of Police, the registration card and the license issued therefor with the name and address of the new owner, if any, written on the face of the registration card; the Chief of Police shall make proper endorsements thereof and deliver the license to the City Clerk who shall immediately make proper endorsements on his records and retain the card and license.
The number of any license surrendered as provided in this Section shall not reissued
Sec. 6. LOSS OF LICENSE.
The licensee shall report immediately to the Chief of Police a loss of destruction of the license of the licensee and the circumstances surrounding the loss or destruction thereof. With the approval of the Chief of Police, the City Clerk shall issue a duplicate license upon payment of a fee of 50 cents.
Sec. 7. WILLFUL, MALICIOUS REMOVAL OF LICENSE PROHIBITED.
No person shall willfully or maliciously remove, destroy or mutilate or alter the number of any bicycle license or registration card issued pursuant to this Ordinance during the time in which such license or registration card is operative.
Sec. 8. MISDEMEANOR; VIOLATION AND PENALTY.
It shall be a misdemeanor for any person to violate any person to violate any of the provisions of this Ordinance and every person convicted for the violation of any provisions of this Ordinance shall be punished by fine of not more than $100.00 or by imprisonment for not more than ninety (90) days or both such fine imprisonment. In addition to the penalty hereinbefore set forth, the Police Department of the City of Stanton may impound and retain possession of any bicycle, for a period not exceeding ten (10) days, operated in violation of any of the provisions of this Ordinance or the traffic rules and regulations of the City of Stanton as set forth in the Uniform Traffic Code being Ordinance 125 of the City of Stanton.
Sec. 9. EFFECTIVE DATE
This Ordinance shall take effect and be enforced from and after June 1, 1974.
ORDINANCE NO. 136 – ABOLISH OFFICE OF CONSTABLE
CITY OF STANTON
effective October 17, 1974
THE CITY OF STANTON ORDAINS:
Sec. 1. OFFICE OF CONSTABLE ABOLISHED.
Pursuant to the authority conferred upon Forth Class Cities by MCL 117.32(3), as amended by P.A. 1971, No. 26, P.1, the Office of Constable in the City of Stanton, Michigan shall be and hereby is abolished by adoption of these presents.
Sec. 2. EFFECTIVE DATE.
This Ordinance shall take effect immediately.
ORDINANCE NO. 201 – PARKS & RECREATIONS
PUBLIC PARK DEFINED
“PUBLIC PARK” AS USED IN THIS CHAPTER MEANS ANY PARK, RESERVATION, PLAYGROUND, BEACH, RECREATION CENTER OR OTHER AREA OWNED OR USED BY THE CITY WHICH IS DEVOTED TO PUBLIC RECREATION.
Sec. 1. Using property for purposed not intended in a public park, no person shall climb a tree, or walk, stand or sit upon monuments, foundations, railings, fences or upon any other property not designated or customarily used for such purpose
Sec. 2. City parks shall be open daily to the public between the day light to dark. No person shall occupy or be present in any park during the hours it is not open to the public, provided that City Personnel, Police Officers on official duty, or other City Officers or Employees on park duty, conducting City business or other persons with special permits from the City Council, are not so restricted.
Sec. 3. No person in a public park shall:
- Drive any vehicle on any area except roads designated for vehicular traffic or parking areas
Sec. 4. BICYCLES.
In a public park, no person, except a Police Officer engaged in the performance of his or her duties, shall:
- Ride a bicycle on other that a road or path designed for that purpose
- Leave a bicycle in any place where other persons may trip over or be injured by it
Sec. 5. OVERNIGHT CAMPING.
No person shall camp or set up shack or any other temporary shelter for the purpose of overnight camping in a public park without the prior approval of the City Council.
Sec. 6. GAMES; RESTRICTED AREA.
In a public park, no person shall take part in games involving thrown objects such as balls, stones, javelins, darts and model airplanes, except in area set apart from such forms of recreation unless special permit is issued by City Council.
Sec. 7. FIRE PREVENTIONS REGULATIONS.
In a public park, no person shall:
- Build or attempt to build a fire except in areas designated for that purpose
- Drop, throw or otherwise scatter live matches, burning cigarettes, cigars, tobacco or paper.
Sec. 8. PUBLIC MEETINGS.
No public meeting shall be held in any park until permit is obtained from the City Council.
Sec. 9. CONSUMPTION OF ALCOHOLIC LIQUOR PROHIBITED.
No beer, wine or other alcoholic liquor shall be consumed or possessed in the City Parks.
Sec. 10. TENNIS COURTS.
It shall be unlawful for any person to have skateboards, roller blades, roller skates and bikes on the tennis court surface. It shall also be unlawful to be upon the tennis court with out appropriate footwear. Appropriate footwear commonly known as tennis shoes or rubber soled shoes.
Sec. 11. EXCAVATIONS & CONSTRUCTION.
In a public park, no person shall do any excavation or construction without first obtaining a permit from the City Council. All construction shall comply with the City zoning requirements
Sec. 12. DOMESTIC ANIMALS.
In a public park, no person shall permit or allow any domestic animal to be in park except when fastened or led by a cord, chain or string not exceeding six (6) feet in length and appropriate strength to restrain the animal.
Sec. 13. LOITERING ABUSIVE OBSCENT LANGUAGE CONDUCT ETC; PROHIBITED.
In a public park, no person shall sleep or on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, obscene, insulting or indecent language.
Sec. 14. PERMITS.
A permit for all special uses will require a permit from the City Council prior to any activity.
Sec. 15. Any person or persons violating the provisions of this ordinance shall be guilty of a misdemeanor.
ADOPTED MARCH 20, 1997
ORDINANCE NO. 214 – AMENDMENT TO ORDINANCE NO. 201 (PARKS & RECREATIONS)
CITY OF STANTON, MICHIGAN
THE CITY OF STANTON ORDAINS:
Section 1 of Ordinance No. 201 which currently reads as follows:
Sec 1. Using property for purposed not intended in a public park, no person shall climb any tree, or walk, stand or sit upon monuments, foundations, railings, fences or upon any other property not designated or customarily used for such purpose.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 1. USING PROPERTY FOR PURPOSE NOT INTENDED IN A PUBLIC PARK. No person shall climb any tree, or walk, stand or sit upon monuments, foundations, railings, fences or upon any other property not designated or customarily used for such purpose.
Section 2 of Ordinance No. 201 which currently reads as follows:
Sec 2. City parks shall be open daily to the public between the day light to dark. No person shall occupy or be present in any park during the hours it is not open to the public, provided that City personnel, police officers on official duty, or other City officers or employees on park duty, conducting city business or other persons with special permits from the City Council, are not so restricted.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 2. CITY PARKS, HOURS OPEN. City parks shall be open during posted hours. Posted hours may be changed by resolution of the City Commission. No person shall occupy or be present at any park during the hours it is not open to the public, provided that City personnel, police officers on official duty or other City officers or employees on park duty, conducting City business or other persons with special permits from the City Commission are not so restricted.
Section 3 of Ordinance No. 201 which currently reads as follows:
Sec 3. No person in a public park shall:
- Drive any vehicle on any area except roads designated for vehicular traffic or parking areas;
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 3. No person in a public park shall:
- Drive any vehicle on any area except roads designated for vehicular traffic or parking areas unless otherwise directed by law enforcement officers, or pursuant to their lawful duties as a City employee on park duty.
Section 4 of Ordinance No. 201 which currently reads as follows:
Sec 4. Bicycles.
In a public park, no person, except a police officer engaged in the performance of his or her duties, shall;
- Ride a bicycle on other that a road or path designated for that purpose;
- Leave a bicycle in any place where other persons may trip over or be injured by it.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 4. BICYCLES.
- In D. Hale Brake Park, no person, except a police officer engaged in the performance of his or her duties, shall:
- Ride a bicycle on other than a road or path designed for that purpose;
- Leave a bicycle in any place where other persons may trip over or be injured by it.
- In Stanton Community Park, no person, except a police officer engaged in the performance of his or her duties, shall use a bicycle, rollerblades, skateboards, roller skates, scooters, shoes with wheels, pogo sticks, or any devise powered by an engine whether that engine be electric or combustion, with the exception of devises used for the transportation of handicap individuals, provided that City personnel, police officers on official duty, or other City officers or employees on park duty, are not so restricted.
Section 8 of Ordinance No. 201 which currently reads as follows:
Sec 8. Public Meeting. No public meeting shall be held in any park until permit is obtained from the City Council.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 8. PUBLIC MEETINGS. No public meeting shall be held in any public park until permit is obtained from the City Commission.
Section 9 of Ordinance No. 201 which currently reads as follows:
Sec 9. Consumption of alcoholic liquor prohibited. No beer, wine, or other alcoholic liquor shall be consumed or possessed in the City parks.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 9. ALCOHOL AND TOBACCO PRODUCTS. No person shall possess any alcoholic liquor, beer, wine or other alcoholic beverage in any City park. No person shall use any tobacco product in Stanton Community Park.
Section 12 of Ordinance No. 201 which currently reads as follows:
Sec 12. Domestic Animals. In a public park, no person shall permit or allow any domestic animal to be in a park except when fastened or led by a cord, chain or string not exceeding six (6) feet in length and appropriate strength to restrain the animal.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec 12. DOMESTIC ANIMALS. In D. Hale Brake Park, no person shall permit or allow any domestic animal to be in D. Hale Brake Park except when fastened or led by a chord, chain or sting not exceeding six (6) feet in length and appropriate strength to restrain the animal.
In Stanton Community Park no person shall permit or allow any domestic animal to be in the Park.
Section 13 of Ordinance No. 201 which currently reads as follows:
Sec 13. Loitering Abusive Obscene Language Conduct etc; prohibited. In a public park, no person shall sleep or on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, obscene, insulting or indecent language.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec. 13 . LOITERING, ABUSIVE OBSCENE LANGUAGE AND DISORDERLY CONDUCT PROHIBITED. In a public park, no person shall sleep on the seats or benches or other areas, create or aid in any disturbance or riot; or be intoxicated and endanger directly the safety of another person or of property or act in a manner that causes a public disturbance; or make or incite any disturbance; or engage in any profane, obscene, or indecent language so as to cause a disturbance.
Section 15 of Ordinance No. 201 which currently reads as follows:
Sec 15. Any person or persons violating the provisions of this ordinance shall be guilty of a misdemeanor.
SHALL BE AMENDED TO READ AS FOLLOWS:
Sec. 15.Any person or persons violating the provisions of this ordinance shall be guilty of a misdemeanor punishable by up to 90 days in jail and/or a fine of $100.00 plus costs of prosecution.
ORDINANCE NO. 138-B – SIDEWALKS
CITY OF STANTON, MICHIGAN
THE CITY OF STANTON ORDAINS:
Sec. 1. SIDEWALKS; CONSTRUCTION, REPAIR; PERMIT REQUIRED.
No person shall construct or repair any sidewalk except in accordance with the lines, grade, slope and specifications established by the City Engineer and without first procuring a permit from the Department of Public Works. Permits shall be prominently displayed on the construction site.
Sec. 2. DANGEROUS AND UNSAFE CONDITIONS PROHIBITED.
No person shall permit any sidewalk which adjoins property owned by him to fall into state of disrepair or be unsafe.
Sec. 3. SIDEWALKS, REPAIR; NOTICE, PROCEDURE, COSTS.
Whenever the Director of Public Works shall determine that a sidewalk is unsafe for use, or required to be constructed for the public safety, he shall give written notice thereof to the owner of the abutting premises by mail, addressed to the last known address of said owner, or is the owner or his address be unknown, by delivering said notice and leaving with same person of suitable age and discretion at the premises, of if such person be not found, by posting such notice in some conspicuous place on the premises. The notice shall specify the construction of the sidewalk required and the nature of the repairs to be made. In the event such owner fails to repair or construct such sidewalk within 30 days, the Director or Public Works may dispense with said notice and report and request the City Commission for authority to repair or construct the sidewalk if, in his opinion, the sidewalk condition is unsafe and dangerous and required immediate repair to assure public safety and prevent the possibility of city liability of any such report of the failure of such owner to repair the sidewalk within the time specified in such notice, or such request for authority for immediate construction or repair, the City Commission may determine to construct or repair same by resolution and order the Director of Public Works to proceed with the required work. The cost of repairs of construction hereunder, if made by the City, shall be charged against the premises abutting such sidewalk and the owner thereof, in accordance with the provisions of the charter relative to special assessments.
Sec. 4. CROSSWALKS, DRIVEWAY APRONS, CURB CUTS; PERMIT REQUIRED.
No person shall construct, after or change any crosswalk, driveway apron or any opening in or through any curb in any street or public way, without first procuring a permit from the Department of Public Works.
Sec. 5. CURB CUTS; PERMIT; AGREEMENT TO INSTALL DRIVEWAY APRON REQUIRED.
No permit to cut any curb shall be issued by the Department of Public Works unless that applicant shall agree to such application, as a condition of the issuance of the permit, to install a driveway apron of concrete of other material of comparable quality within 90 days after completion of the cut.
Sec. 6. UNSAFE DRIVEWAYS AND CROSSWALKS; REPAIR.
Whenever any driveway, crosswalk or other paved area between the sidewalk and the curb is or becomes so defective that it is not reasonably safe or fit for travel, and in opinion of the Director of Public Works the same should be immediately repaired, he shall give the owner or occupant of the premises adjacent to such driveway, crosswalk or other paved area, notice to repair the same within 30 days. In default thereof, the Director of Public Works shall cause the same to be repaired and shall make a detailed report to the City Commission of the cost and expense of performing such work, which cost and expense shall be charged to such owner or occupant in the manner provided by the charter relative to special assessments.
Sec. 7. PLANS AND SPECIFICATIONS; APPROVAL REQUIRED.
No work for which a permit is required under this Ordinance shall be done by any person except in accordance with plans and specifications approved by the Director of Public Works, and all work shall be done under the supervision of his department.
Sec. 8. PUBLIC LIABILITY INSURANCE REQUIRED.
Before any permit is issued, the city engineer shall require from all applicants, such public liability and property damage insurance as shall protect the applicant and the City from claims for damages for personal injury, including wrongful death, as well as claims for property damage. Said policy shall name the City as an additional assured, by means of certificate copy of insurance to said City. Amounts of such insurance shall not be less than $100,000.00, for injuries, including wrongful death to any one person, and subject to the same limit for each person, and in an amount not less than $300,000.00 on an account of one accident, and property damage insurance in an amount not less than $10,000.00. Any person other than utility companies doing excavation work in any city street or alley shall provide the City with a surety bond in the amount $1,000.00 for each job, or $5,000.00 per year guaranteeing that the contractor will complete the work in accordance with all ordinances and the plans and specifications as approved by the City Engineer.
Sec. 9. REFUSAL OF PERMIT; APPEAL, HEARING, PROCEDURE.
If the Department of Public Works shall refuse to issue any permit, the applicant may appeal to the City Commission which shall grant a hearing thereon, and the decision of the City Commission shall be final. In granting a permit after such hearing, the City Commission may impose such conditions therefore as it may deem desirable to protect the safety of persons and property.
Sec. 10. PERMITS; REVOCATION, SUSPENSION.
All work done pursuant to any permit shall be inspected or cause to be inspected by the Director of Public Works, and he may suspend or revoke any permit so granted where either the workmanship or materials used does not conform to the plans and specifications approved or required upon issuance of the permit, or when the terms of any permit or of this Ordinance are violated. No person shall perform any work authorized by any permit or cause any such work to be performed while that permit is suspended or revoked.
Sec. 11. ADDITIONAL CONSTRUCTION REGULATIONS.
The Department of Public Works may make such additional rues and regulations, subject to approval of the City Commission, pertaining to the making of openings or excavations in streets as are necessary to secure the health and safety of the public and for the protection of property, and such rules and regulations shall constitute the standards upon which the permit hereinbefore required shall be issued. Such rules and regulations are incorporated herein by reference with the same force and effect as though set forth herein fully and at length. No work shall be done by any permittee except in accordance with the specifications and direction contained in the permit.
Sec. 12. CONSTRUCTION AND REPAIR; REMOVAL OF MATERIALS.
No person owning, building or repairing any house or other building shall permit and lumber, brick, plater, mortar, earth, clay, sand, stone or other material to remain on the sidewalk after sunset of the day upon which it was placed there, without written permission from the Chief of Police, subject to any safeguards he may prescribe.
Sec. 13. SKATING; PROHIBITION, PENALTY.
- No person shall skate on any sidewalk in the City between the hours of 8:00p.m. and 6:00a.m.
- Any person violating any provision of this section shall, upon conviction, be punished by a fine not to exceed $10.00 for each offense.
Sec. 14. SNOW AND ICE; REMOVAL REQUIRED.
The occupant of any premises, or the owner of any unoccupied premises, is required to keep the sidewalks in front of or adjacent to such premises cleared, so far as is practicable and reasonable, from snow and ice to facilitate pedestrian use. Whenever any snow or ice has fallen or accumulated, it shall be cleared within twelve hours after it has fallen or accumulated.
Sec. 15. SUSPENSION OF OBJECTS; PROHIBITAION.
No person shall suspend anything above any sidewalk or within any street area, unless expressly authorized by this code, except an awning or marquee no part of which is less than seven feet above the sidewalk grade.
Sec. 16. SIDEWALK, PAVEMENTS, GUTERS, ETC; TRAVEL PROHIBITED.
No person shall go up on or drive, or cause to be driven, any vehicle or animal on any pavement, sidewalk, curbing or gutter, except at a driveway constructed for such purpose.
ORDINANCE NO. 229 – AMENDMENT TO ORDINANCE 138-B (SIDEWALKS)
CITY OF STANTON, MI
THE CITY OF STANTON ORDAINS:
Sec. 1. REPEAL OF ORDINACE 138-B SECTION 1
The section of Ordinance 138-B entitled “sidewalks; construction, repair; permit required” shall be hereinafter repealed and bear no effect on the laws and policies of the City of Stanton or its actors.
Sec. 2. REPEAL OF ORDINANCE 138-B SECTION 2
The section of Ordinance 138-B entitled “dangerous and unsafe conditions prohibited” shall be hereinafter repealed and bear no effect on the laws and policies if the City of Stanton or its actors.
Sec. 3. AMENDMENT OF Ordinance 138-B SECTION 3
The section of Ordinance 138-B entitled “Sidewalks, Repair; Notice, Procedure, Costs” shall be herein be amended to read as follows:
Whenever the Director or Public Works or any other City employee shall determine that a sidewalk is unsafe for use, in general disrepair, or required to be constructed for the public safety, they shall give written notice to the City Manager’s Office denoting such and requesting to solicit bids or complete work with Department resources. The City Manager will assess the validity of the request and approve or deny any such request in a timely manner. If approved, costs will be assessed pursuant to the City’s bid solicitation process and Council approval of the project will be sought as required. The Director of Public Works will provide specific details regarding grading and dimensions to the appointed contractor for completion of any sidewalk repairs or replacements within the City.
Sec. 4. GUARANTEE OF CONTINUANCE: ORDINANCE 138-B
In all respect excluding the above stated amendments, Ordinance 138-B of the City of Stanton shall remain in effect and unchanged.
ORDINANCE NO. 144 – CABLE TELEVISION
CITY OF STANTON, MICHIGAN
effective, May 20, 1982
AN ORDINANCE PROVIDING FOR THE REGULATION, INSTALLATION, AND OPERATION OF A CABLE TELEVISION SYSTEM AND/OR COMMUNITY ANTENNA SYSTEM, AND/OR COMMUNITY RADIO SYSTEM WITHIN THE CITY OF STANTON.
THE CITY OF STANTON ORDAINS:
Sec. 1. THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS THE CATV ORDINANCE.
Sec. 2. FRANCHISE REQUIRED.
No person or any other entity shall own or operate a cable television system and/or a community antenna television and/or community antenna radio system (hereafter abbreviated as CATV system) in the City of Stanton except by franchise granted by the City or Stanton, which franchise shall comply with all the specifications of this ordinance
Sec. 3. TERM OF FRANCHISE.
No franchise granted hereunder, nor any renewal thereof, shall be for a term of more than fifteen years. The franchise or any renewal thereof shall be revocable or renewable only in accordance with this ordinance.
Sec. 4. FORFEITURE OF FRANCHISE.
The City of Stanton may cancel the franchise and all rights and privileges of the franchisee thereunder in the event the franchisee shall:
- Substantially violate any provision of the franchisee or ordinance, where such violation shall remain uncured for a period of thirty days subsequent to the receipt by franchisee of a written notice of said violation. No such cancellation may be made if the violation is not fault of the franchisee.
- Attempt to evade any of the provisions of this ordinance or any franchisee agreement thereunder or practices any fraud or deceit upon the City or customers served.
Sec. 5. GRANT OF AUTHORITY.
The City may hereafter grant a non-exclusive franchise to construct, operate, and maintain the CATV system in, upon, along, across, above, over and under the streets, alleys, easements, open areas, public ways, and public places now laid out or dedicated, and all extensions thereof and additions thereto, in the City.
Sec. 6. APPLICATION FOR FRANCHISE.
Any person or other entity seeking a franchise for a CATV system within the City of Stanton shall first submit an application for a franchise in writing to the City Clerk in such form as may be prescribed, including but not limited to the following:
- The applicant shall provide the City sufficient information so that the City may be assured that adequate funds re available to build and operate the proposed system.
- Applicant shall disclose any other cable television system where it has or has had any ownership or operating interest.
- Applicant shall furnish a statement of proposed system growth, including anticipated revenues and expenses.
- The applicant shall set forth the details of its proposed system, including but not limited to, channel capacity, details on programming offered, rates proposed, and public access and interconnect systems offered, and any other information which this City may from time to time require.
- Any applicant who is granted franchise under this ordinance agrees to pay all reasonable legal, attorney, and publication fees from said ordinance, and franchise agreement, not to exceed the amount of five hundred dollars ($500.00).
Sec. 7. GRANTED FRANCHISE.
No franchise under this ordinance shall be granted any entity until the application for same has been on file with the City Clerk and open to inspection by any interested party for a period of thirty days. After said thirty days and after a full hearing by the City Council at a regularly conducted council meeting, said franchise may be granted.
Sec. 8. OBSERVANCE OF OTHER LAWS.
Any person or entity who operates a CATV system under this ordinance shall comply with all applicable statutes, ordinances, and/or rules and regulations of the Federal Communications Commission as they are now in effect or which in the future may be in effect. Any franchise granted under this ordinance shall be a privilege to be held in personal trust by the original company. It cannot be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation or otherwise, without the prior consent of the City Council as expressed by resolution. Any such proposed transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed with the City Clerk.
Sec. 9. PERFORMANCE BOND.
Any person or entity granted a franchise under this ordinance shall post a performance bond in such amount to insure the City of Stanton that franchisee will fully and faithfully install a CATV system in accordance with the terms of this ordinance and any franchise granted hereunder. Failure to fully comply with this ordinance or any franchise granted hereunder shall result in a forfeiture of said bond to the benefit of the City of Stanton and may result in a termination and forfeiture of the franchise. Upon activation of the system to 95% of those requesting service, the performance bond shall no longer be required.
Sec. 10. FRANCHISE RULES.
The franchisee shall have the authority to make such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the4 franchisee to exercise its rights and performance obligations under this ordinance or franchise granted hereunder. Provided however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions of this ordinance, any other ordinance, or any other state or federal law. A copy of such rules, regulations, terms and conditions shall be filed with the City Clerk.
Sec. 11. ACCESS TO RECORDS.
All books and records of the franchisee concerning its operations within the City shall be made available at reasonable times for inspection and audit by the City or any designee of the City. Such inspection shall be allowed within thirty days after any request for such inspection or audit has been made.
Sec. 12. FINANCIAL STATEMENT.
The franchisee shall file with the Clerk annually an audited statement of any and all revenues received from the operation of this system with the City of Stanton. Said statement shall be filed within thirty days after the close of the fiscal year. The City hereby reserves the right to cause independent audit of the franchisee’s operations.
Sec. 13. OTHER RECORDS AND INFORMATION.
The City shall be entitled to copies of all correspondence from or to any and all regulatory agencies relating to the franchisee’s operation of the system within the City. Furthermore, the City shall be entitle to copies of all consumer complaints, whether they be in writing or oral, made by customers within thirty days following receipt of such complaint by franchisee.
Sec. 14. COMPLETION OF SYSTEM.
Within twelve months after the date the franchise is granted hereunder, CATV service shall be available to seventy-five percent of all potential customers who have requested same.
Within twenty months after the date of franchise is granted hereunder, CATV service shall be available to ninety percent of all potential customers who have requested same.
Within twenty-four month after the date a franchise is granted hereunder, CATV service shall be available to ninety-eight percent of those customers, potential or otherwise, who have requested same. All potential franchisees shall furnish the City written information on the proposed saturation level required by them to provide service to any area in the City and, given said saturation requirements, shall detail what areas, due to economic unfeasibility, will not be provided CATV service.
Failure to provide such service within said time requirements shall be grounds for canceling any franchise granted hereunder and forfeiture of any performance bond posted.
Sec. 15. ANNUAL FRANCHISE FEE.
Franchisee shall pay to the City of Stanton a franchise fee equivalent to not more than three percent of its annual gross revenue. Each applicant for a franchise under this ordinance shall state the percent of annual gross revenue being defined as all gross receipts from the operation of the CATV system within the City, including, but not limited to, monthly subscriber’ channels (such as Home Box Office or Show Time) and service and installation chargers. Said payment shall be made to the City of Stanton within sixty days after the inception of service to customers within the City. Said payment shall be accompanied by a financial statement detailing the source and origin of all revenues and expenses received or incurred by the franchisee during the period of time covered by the annual payment.
Sec. 16. RATES.
Rates charged by the franchisee for monthly service hereunder shall be fair, reasonable, non-discriminatory, and designed to meet all necessary costs of service and to provide a fair return to the franchisee. Franchisee shall receive no consideration from its subscribers for or in connection with its service to them other than in granted under this ordinance or as subsequently approved by the City. In addition to another rates and fees, the franchisee shall submit a schedule of reasonable fees for late payments, service calls, reconnections and deposits to the City for City’s approval. All fees, chargers and deposits shall be approved by City resolution before same become effective.
Sec. 17. ADJUSTMENT TO RATES.
Franchisee may adjust its rates, fees and charges, after the grant of initial franchise upon approval by the City. Such adjustment to rates, be they an increase or decrease, shall be by written application to the City at least forty-five days prior to the proposed effective date of such. Any such increase sought by the franchisee shall be accompanied by such documentation as the City shall require which shows to the satisfaction of the City that said adjustment is necessary.
Sec. 18. RATE DISPUTE.
In the event that the franchise files an application for an adjustment of rates and same is not granted by the City the franchisee is aggrieved thereby, such matters shall be resovled by a panel of three arbitrators, one to be appointed by the City, one by the franchisee, and a third to be selected by the first two. Said arbitrator shall conduct a review of the City’s Arbitration Association and may uphold the City’s action in accordance with the rues of the American Arbitration Association and may uphold the City’s action or upon review of the data presented, render a final and binding decision on the rate dispute. The entire cost of said appeal and review is to be born by the franchisee, which costs shall include the cost incurred by the City in presenting their case before the arbitrators. Both the City and franchisee agree that the decision of the arbitrator shall be final and binding.
Sec. 19. OPERATIONAL STANDARDS.
The standards for operation of the CATV system shall meet the requirements specified in this ordinance or any franchise granted hereunder.
Sec. 20. OTHER STANDARDS AND CONDITIONS.
- All transmission and distribution structures, line and equipment erected by the franchisee within the City shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets. In all areas of the City where the cables, wires or other like facilities of public utilities are placed underground either now or in the future, the franchisee shall place its cables underground to the maximum extent given the existing technology. In all other areas of the City, franchisee shall be allowed to use existing public utilities structures upon such conditions as required by said utilities. Plats and permanent records of the location and character of all facilities constructed, including underground facilities, shall be filed with the City.
- In the case of any disturbance of pavement, sidewalk, driveway or other surfacing by the franchisee, the franchisee shall at its own expense and in the manner approved by the City, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed.
- If at any time during the period of the franchise the City shall lawfully elect to vacate, alter, improve or change the grade of location of any street, alley or other public way, the franchisee shall upon sixty days notice by the City, remove, replace, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense, and in each instance comply with other requirements of the City.
- The franchisee shall not place poles, conduits or other facilities above or below where the same will interfere with any gas, electric, telephone or other fixtures already in place.
- The Franchisee shall, on request of any person holding a moving permit issued by the City or other governmental authority, temporarily move its wires or facilities to permit the moving of buildings or structures; the expense of such temporary removal to be paid by the person requesting same and the franchisee shall be given not less than forty-eight hours advance notice to arrange for such temporary changes.
- The franchisee shall have the author to trim any trees upon and overhanging the streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. However, at the option of the City, such trimming may be done by it, or under its supervision and direction, at the expense of the franchisee. Said expense shall be the City’s direct labor cost including fringe benefits of personnel which perform such trimming. The franchisee shall reimburse the City such expense.
- Any opening, obstructions, or disturbance of streets, public ways and/or other City properties made by the franchisee in the exercise of its rights under this ordinance and/or franchise granted, shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings: The bounds of said barriers during periods of dusk and darkness shall be clearly designated by adequate warning lights.
- Franchisee, at its expense, shall protect, support, temporarily disconnect or relocate, any of its facilities when required by the City or its designee by reason of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks, or any other type of structures of improvements by public agencies.
- The facilities installed by the franchisee shall be capable of producing and distributing color television signals: Any signals the franchisee receives in color shall be distributed in color if technically feasible. Furthermore, any system installed by the franchisee shall have two way capability and shall, within twelve months of the City’s request, be modified to be two way operational. If the City makes such a request and the franchisee believes said request is unreasonable due to economic unfeasibility, cost, and/or not provide a fair return to franchisee, said dispute shall be resolved by the arbitration provided in Section 10.
Sec. 21. REMOVAL OF FACILITIES.
Following termination of service to any subscriber, the franchisee shall promptly remove all its facilities and equipment from the premises of said subscribers upon their written request of same. Removal of said facilities and equipment shall not be required in those areas where a customer or property owner has granted the franchisee an easement which is separate and apart from any contractual arrangement for service between said party and franchisee.
Sec. 22. EMERGENCY USE OF FACILITIES.
Franchisee, shall, in the case of any emergency or disaster, make its entire system available to the City or to any other governmental or civil defense agency that the City shall designate.
Sec. 23. EMERGENCY ALERT.
The system shall be designed to provide an audio alert system to allow authorized officials to automatically override the audio signal of all channels and transmit and report emergency information. In the event of any such use by the City, the City shall hold harmless and indemnify the franchisee from any damages and/or penalties resulting from the use of said service in such manner.
Sec. 24. SUBSCRIBER COMPLAINTS AND REQUESTS.
The franchisee shall have a listed telephone and such telephone shall be so operative that complaints, request for service, repairs or adjustments may be received at any time without charge to franchisee’s subscribers.
Sec. 25. OTHER OPERATIONAL STANDARDS.
- The franchisee shall provide a free outlet to each school located within the City as well as a free outlet to each City office building, fire station and/or police station of the location of same is within the saturation level as described in Section 14.
- The franchisee shall reserve one channel for programming produced by any school located within the City. Franchisee shall have no obligation to provide equipment and other facilities for such programming.
Sec. 27. INSURANCE, BONDS AND INDEMNIFICATIONS.
- Liability and indemnification of the City. The franchisee shall indemnify and hold harmless the City of Stanton at all times during the term of the franchise granted hereby and specifically agrees that it will pay all damages and penalties which the City may be legally required to pay as a result of granting the franchise. Such damages and penalties shall include, but not limited to, damages arising out of copyright infringements, and other damages arising out of installation, operation or maintenance of the CATV or omission complained of is authorized, allowed, or prohibited by the franchise. In the case suit shall be filed against the City either independently or jointly with the franchisee to recover for any claim or damages, the franchisee, upon notice to it by the City shall defend the City against the action and, in the event of a final judgment being obtained against the City, either independently or jointly with the franchisee solely by reason of the acts of the franchisee, the franchisee will pay said judgment and all costs, and hold the City harmless therefrom.
- Insurance in such forms and in such companies shall be approved by the City, such approval not to be unreasonably withheld, to protect the City and the franchisee from and against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any aspect of the system. The amount of such insurance shall be not less than the following:
- $500,000.00 minimum aggregated for bodily injury or death in any one occurrence;
- $500,000.00 minimum aggregated for bodily injury or death in any one single policy year;
- $500,000.00 minimum for property damage in any one single occurrence; and
- $500,000.00 minimum aggregated for property damage in any one single policy year; or
- $1,000,000.00 single limit, each occurrence, for bodily injury or property damage liability.
Workman’s Compensation Insurance shall also be provided as required by the laws of the State of Michigan, as amended.
All said insurance coverage shall provide a ten day notice to the City Clerk in the event of material alteration or cancellation of any coverage afforded in said policies prior to the date said material alteration or cancellation shall become effective.
Copies of all policies required hereunder shall be furnished to and filed with the City Clerk; prior to the commencement of operations or the expiration of prior policies, as the case may be.
- Non-Waiver. Neither the provisions of this Section, nor any bonds accepted by the City pursuant hereto, nor any damage recovered by the City thereunder, shall be constructed to excuse unfaithful performance by the franchisee or limit the liability of the damages, wither to the full amount of the bond, or otherwise.
Sec. 28. CANCELLATION OF FRANCHISE.
In the event of violations of this ordinance or franchise granted hereunder by the franchisee, the City, after a public hearing, may elect to cancel said franchise. In the event of such cancellation, the system shall, at the election of City, become the property of City at a cost not to exceed its then nook value (i.e., cost less accumulated depreciation) according to generally accepted accounting principles, with a reduction for any damages incurred by City in connection with cancellation. Such book value, if not agreed upon, shall be determined by arbitration as provided in Section 18, but shall not include any valuation based upon said contract for the operation therefore is granted. If the City chooses not to have the system become the property of the City, the franchisee shall remove all or portions of same as directed by the City.
Sec. 29. EXPIRATION OF TERM.
In the event that the franchise expires by its own terms and no renewal thereof has been negotiated between the City and franchisee, the City may, at its election, purchase said system at its then fair market value, as determined by arbitration as provided in Section 18. Beginning within two years prior to the expiration, and whether or not the City has then elected to purchase the system, either the City or the franchisee may demand an arbitration pursuant to the provisions of this ordinance, for the purpose of determining fair value of the system, on the date arbitration was demanded, which determination shall be subject to correction or adjustment by the arbitrators to reflect the fair value on the date of expiration, to be paid by the City, if it elects to purchase the system. Such fair value shall be the fair value of all tangible and intangible property forming part of the system, but shall not include any valuation based upon the franchise rights hereunder. If the City does not purchase the system, franchise shall remove its facilities and equipment or any portion thereof, as directed by the City, from the public ways and streets and restore same to a condition satisfactory to the City.
In the event of the following:
- The City does not purchase the system (or purchases the system for purposes of resale) and
- No renewal of a franchise has been negotiated as provided above, and
- The City negotiates within two years of said expiration a franchise with another franchisee,
- The original franchisee shall have the right of first refusal of said new franchise.
Sec. 30. POWER TO AMEND.
The City reserves the right to amend this ordinance after a public hearing thereon. Notice of consideration of amendments in the area in which such amendments may occur shall be given to the franchisee at least fifteen days before a hearing is held thereon. Such amendments may include:
- Number of channels for specified purposes
- Establishment of additional standards of operation or performance
- Those matters required by rules, regulations, statues of the state of federal government or agencies thereof.
Except as to paragraph D above, if the franchisee is aggrieved by a proposed amendment to this ordinance, said matter may be submitted to arbitration to determine whether, given the needs of the City and the franchisee, said proposed amendment is reasonable.
Furthermore, prior to the granting of a franchise hereunder or after a franchise has expired or been cancelled, the City reserves the right to amend any section of this ordinance.
Sec. 31. PUBICATION, EFFECTIVE DATE.
This ordinance shall be published within one week after the date of adoption, and shall take effect on the 20th day of May, 1982.
ORDINANCE NO. 149 – LIBRARY
CITY OF STANTON, MICHIGAN
effective December 9, 1984
AN ORDINANCE TO PROVIDE A PENALTY FOR DAMAGE OR FOR NO-RETURN OF LIBRARY BELONGING TO THE WHITE PINE LIBRARY:
THE CITY OF STANTON ORDAINS:
Any person who shall willfully, maliciously, wantonly, or negligently tear, deface, mutilate, write upon, or by other means injure or mar any book, magazine or other property belonging to or loaned to the White Pine Library shall be guilty of a Misdemeanor.
Any person who shall take from the White Pine Library any book, magazine or other property belonging to or loaned to the White Pine Library, who shall fail or neglect to return such book, magazine, or other property belonging to or loaned to the White Pine Library after being given notice by the White Pine Library to do so, shall be guilty of a Misdemeanor.
The White Pine Library shall provide written notice of any violations of Section of this Ordinance, addressed to the person alleged to have violated the terms of this Ordinance at the last address given by such person to the Library. Such notice may be given at any time after the date on which the person should have returned the loaned property to the Library.
Any person or persons violating this provisions of this Ordinance shall, upon conviction thereof, be punished by a fine not exceeding $100.00 and the costs of prosecution, or in default thereof be imprisoned in the County Jail for a period not exceeding ninety (90) days or by both such fine and imprisonment in the discretion of the Court.
This ordinance shall be published in the Greenville Daily News within one (1) week after the date of adoption and shall take effect on the 9th day of December, 1984.
ORDINANCE NO. 179 – FIRE CHARGE ORDINANCE, as amended
FIRE CHARGE ORDINANCE
An ordinance to establish charges for Fire Department Service under Michigan Public Act 215 of 1895, As amended (complied law 109.1 etc.) and to provide methods for the collection of such charges and exemptions there from
The City of Stanton
County of Montcalm Michigan
Sec. 1. PURPOSE
The within ordinance is adopted for the purpose of providing financial assistance to the City of Stanton in the operation of a fire department for those receiving direct benefit from the fire protection service. It is further purpose of the within the ordinance to provide for full funding of the fire department operation which remains, in, an at large governmental expense based upon the general benefits derived by all property owners within the City from the existence of a Fire Department and it availability to extinguish fire within City and perform other emergency services.
Sec. 2. CHARGES
The following charges shall hereafter be due and payable to the City of Stanton from a recipient of any of the following enumerated services from the Fire Department.
- Fire Department responding to the following will be charged $500
- Structure Fire
- Oven Fire
- Furnace Fire
- Chimney Fire
- Dumpster Fire
- Gas Leak
- Utility line down or utility fire $250 per hour for the first hour and $500 per hour there after.
- Fire department responding to the following calls that result in false alarms will not be charged for the initial call; however, the third call for the same equipment resulting in a false alarm within 90 days will be charged $250.
- Carbon Monoxide
- Smoke Detector
- Fire Alarm
- Carbon monoxide resulting in a major emergency will be charged $100 per hour after the first hour.
- Fire Department responding to the following will be charged $500.
- Vehicle Accident
- Auto fire
- Traffic Control
- Gas leak (wash down)
- Fire Department responding to fire suppression and control of aircraft accident shall be charged all the cost of manpower, equipment and material used.
- Fire Department responding to hazardous material spills shall be charged all the cost of manpower, equipment and material used.
Sec. 3. TIME FOR PAYMENT FOR RUN
All of the foregoing charges shall be due and payable within 30 days from the date the services is rendered and in default of payment shall be collectible through proceedings in district court or in any other court of competent jurisdiction as a matured debt.
Citizens unable to pay may file a hardship application for waiver of payment with the City Clerk/Treasurer within 30 days after receipt of the invoice.
Sec. 4. EXEMPTIONS
The following properties and services shall be exempt from the foregoing charges:
- Fire service performed outside the jurisdiction of the township under mutual aid contract with an adjoining municipality.
- City Buildings
Sec. 5. COLLECTION OF CHARGES
The City may proceed in district court by suit to collect any monies remaining unpaid and shall have any and all other remedies provided by law for the collection of said charges.
Sec. 6. NON-EXCLUSIVE CHARGES
The foregoing rates and charges shall be exclusive of the charges that may be made by the City for the cost and expenses of maintaining a fire department but shall only be supplemental thereto. Charges any additionally be collected by the City through general taxation after a vote of the electorate approving the same or by special assessment established under Michigan Statues pertinent thereto. General fund appropriations may also be made to cover such additional cost and expenses.
Sec. 7. MULTIPLE PROPOERTY PROTECTION
When a particular service rendered by the Fire Department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited where property protection is not involved shall be liable for payment of the full charges for such services outline herein. The interpretation and application of the within section is hereby delegated to the City Clerk/Treasurer subject to appeal, within the time limits for payment, to the City Commission and shall be administered so that charges shall only be collected from the recipients of the service.
Sec. 8. SEVERABILITY
Should any provision or part of the within ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall remain in full force and effect.
Sec. 9. EFFECTIVE DATE
This ordinance shall take effect immediately. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
ORDINANCE NO. 192 – RENTAL HOUSING
THE CITY OF STANTON
An Ordinance to add a new Section H entitled “Rental Housing Code” to the Ordinance of the City of Stanton.
The City of Stanton ordains:
A new Section H (Ordinance 192) is added to the Ordinance of the City of Stanton to read as follows:
SECTION H – RENTAL HOUSING CODE
ARTICLE I – PURPOSE AND APPLICABILITY
Section 1.100 – Purpose. The purpose of this Ordinance is to regulate rental dwellings for the purpose of maintaining adequate sanction and public health, to protect the safety and welfare of the people, and to encourage the maintenance of properties by legislation which shall be applicable to all rental dwellings now in existence or hereafter constructed by:
- Establishing minimum standards for basic equipment and facilities in rental housing.
- Fixing the responsibilities of the City, owners, operators and occupants of all rental structures.
- Providing for administration and enforcement of rental housing standards.
Section 1.101 – Matters Covered. The provisions of this Ordinance shall apply to all rental structures and premises, with respect to: Structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, or over-crowding, or other conditions which may be deemed to constitute a menace to the safety, health or welfare of their occupants.
Section 1.102 – Applicability. Every portion of a building or premises used or intended to be used for rental dwelling purposes shall comply with the provisions of this Ordinance.
Section 1.103 – Application of Building Code. Any alterations to buildings, or changes of use therein, which may be caused directly or indirectly by the enforcement of this Ordinance shall be done in accordance with all applicable building codes.
Section 1.104 – Application of Zoning Law. All rental Housing shall be subject to applicable provisions o the City of Stanton’s Zoning Ordinance.
Section 1.105 – Other Regulations. The provisions in this Ordinance shall not be construed to prevent the enforcement of other provisions of the City of Stanton’s Ordinances or governmental regulations which prescribe additional or other standards applicable to rental housing.
Section 1.106 – Existing Buildings. This Ordinance establishes minimum requirements for the occupancy of all rental structures and does not replace or modify requirements otherwise established for the construction, repair, alterations or use of buildings, equipment or facilities.
ARTICLE II – DEFINITIONS
Section 1.107 – Applicability. All definitions related to this Ordinance are contained in Appendix A and are applicable to this Ordinance only.
Section 1.108 – Terms Not Defined. Where terms are not defined in this Section or Appendix A or under other provisions of this Ordinance or the Building Code, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
Section 1.109 – Comprehensive Inclusion. Whenever the words “multi-family dwelling” , “residence building”, dwelling unit”, “rooming house, rooming unit’, or “premises” are used in this Ordinance, they shall be construed as though they were followed by the words “or any part thereof.”
ARTICLE III – ADMINISTRATION AND ENFORCEMENT
Section 1.110 – CEO. The Code Enforcement Officer shall be a person or persons designate by the Mayor. It shall be the duty and responsibility of the CEO to enforce the provisions of this Ordinance.
Section 1.111 – Relief from Personal Liability. Neither the City, the CEO nor any other officer, agent or employee of the City who acts in good faith in the discharge of duties in the enforcement of this Ordinance shall be liable for any damage accruing to any person or property as the result of such acts or alleged failure to act.
Section 1.112 – Administration and Enforcement Procedures and Criteria. The Administration and enforcement procedures and criteria necessary to insure the implementation and compliance with the provisions of the Housing Rental Ordinance are contained in Appendix B, which is an integral part of this Ordinance.
ARTICLE IV – REGISTRATION OF RENTAL UNITS
Section 1.113 – Registration of Rental Unites; Fees.
- Annually on or before July first of each year, every owner of a rental unit or unites shall register the same with the City Clerk and make application for an annual license. Each registration and application for license shall be accompanied by an appropriate fee.
- Should the title to the property, which is the subject of the application and registration, be obtained more than six (6) months after the annual registration date for that year as here in above specified, then the license fee to be paid by the applicant shall be one-half the annual fee for such property. The license issued the applicant shall be valid until the following July first, the regular annual application and registration date.
- In the event an owner shall fail to comply with the provisions of this Ordinance on or before July first of each year, the owner shall pay in addition to the filing fee a late filing fee according to the schedule of fees applicable to this Ordinance.
- Fees for registration, inspection, complaint inspections and re-inspections shall be provided by resolution of the City Council.
- An initial Schedule of Fees applicable to this Ordinance will be established by resolution of the City Council. Thereafter, on an annual basis as part of the budgeting process, the fee structure will be evaluated and the fees to be charged determined as follows:
- If fee changes are proposed from the previous year, and owners and their responsible agents, if any, listed on the “Registry of Owners” maintain by the CEO will be notified by mail.
- If no fee changes are proposed, the existing schedule of fees will continue in force.
Section 1.114 – Registry of New Rental Dwellings.
- The owner of the new rental dwelling or of any dwelling newly converted to a rental dwelling prior to allowing occupancy of any new rental units.
- Owners of any dwelling that was a rental and is removed from that status by sale shall provide proof of sale to the City Clerk.
Section 1.115 – Change in Register Information. The owners of rental unites previously registered with the City Clerk shall notify the City Clerk within thirty (30) days of any change in registration information. A new owner of any registered rental unit (s) shall re-register such unit(s) within thirty (30) days of the date of transfer of ownership. No new fees shall be charged for change of registration.
Section 1.116 – Register of Rental Dwellings. Application for registration and license shall be made in such form and in accordance with such instructions as may be provided by the CEO and shall include:
- The address of the rental unit.
- The number of dwelling units.
- The name, residence address, and phone number of the owner.
- The name, address, and phone number of the manager or agent designated by the owner.
- The date of registry and registration identifications number.
- Total amount of registration fees.
Section 1.117 – Registry of Owners. The City shall maintain a registry of owners (and their responsible agents, if any) of all rental units in the city.
Section 1.118 – Issuance of License. The City Clerk in coordination with the CEO shall issue a license if the applicant shall have registered and furnished all the information the dwelling has been inspected and in compliance with this ordinance.
Section 1.119 – Revocation of License. The CEO may revoke a rental housing license and notify the City Clerk of the same if the owner or applicant has either:
- Misrepresented ownership or the state of condition of the rental property , or
- The property is in violation of this Ordinance or any other applicable provision of the City of Stanton’s Ordinances.
- Failed to correct a violation within stated time on notice.
Section 1.120 – Temporary Certification Authorized. When a Certificate of Compliance is required pursuant to this Ordinance, the CEO may issue a temporary Certificate of Compliance for the following reasons only:
- For a newly registered rental dwelling until such time as the CEO has made a compliance inspection.
- To coincide with compliance time periods set forth in a Notice of Violation if such periods extend beyond the expiration date of an existing Certificate of Compliance.
ARTICLE V – INSPECTION BASIS
Section 1.121 – Inspections. The CEO is authorized to make inspections of all rental units in the City occupied or held for rental. Inspections may be made to determine compliance with the standards of this Ordinance in the following instances:
- The CEO shall make inspections of rental units licensed under this Ordinance at least once every three (3) years period.
- When an application is received for the initial registrations and licensing of a rental unit or units.
- When a complaint is received and determined to be valid and have merit by the CEO that a rental unit or rental premises is not in compliance with the provisions of this Ordinance.
- Upon observation by the CEO of a violation of the provisions of this Ordinance.
- When an emergency condition is observed by the CEO or reasonably believed to exit.
- When an owner requests that the Department of Social Services make vendor payments for shelter to the owner on behalf of a tenant.
- To determine compliance with a Notice of Violation or any order issued by the CEO or any other City Official.
ARTICLE VI – ENVIRONMENTAL, EXTERIOR AND INTERIOR REQUIREMENTS
The provisions of this Article shall govern the minimum standards for rental unites, rental properties and structures thereon. Every residential property shall comply with the following requirements:
Section 1.122 – Exterior Property Areas. No person shall rent or let another for human habitation any structure or premises which does not comply with the following requirements:
- Animals. Animals kept or allowed within a rental until shall not be permitted by the tenant to create any unsafe, odorous or unsanitary condition or cause property damage. Animals kept or allowed in a yard or in a accessory structure shall not be permitted to create any unsafe, odorous or unsanitary conditions. All feces shall be regularly removed by the tenant. Keeping of animals in rental units and/or on rental premises shall be subject to all other provisions of the City of Stanton Ordinances which are applicable and to all existing written agreements between owner and tenant.
- Accessory Structures. All accessory structures, including detached garages, shall be maintained structurally.
- Grading and Drainage. All yard areas shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
- Insect and Rodent Harborage. All exterior property areas hall be kept free from infestation of insects, rodents, vermin, and pests other than those normal for the particular season. The owner shall be responsible for the extermination of insects, rodents, vermin, or other pests in all exterior areas of the premises, expect that the occupant shall be responsible for such extermination in the case of a single-family dwelling.
- Noxious Weeds. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health and shall be in compliance with the requirements of Ordinance 184 of the City of Stanton.
- Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.
- Trash Stored Outdoors. Any trash placed outdoors for a period of longer then six (6) hours shall be kept in rigid containers which are closed with a tight fitting lid or shall be bundled so as not to scatter on the ground, blow about, be unsafe or unsanitary. No container except an approved commercial dumpster shall be stored outside for more than twenty-four (24) hours, unless the container or bundled trash is kept in a side or rear yard out of sight from the public right-of-way.
- Outdoor Storage of Materials. Outdoor storage of materials of value shall not be permitted in front yard or in a side yard. Materials of value kept outside shall be stored in a safe and sanitary manner.
- Residential Parking. Off-street parking spaces shall be provided adequately for each rental unit. Non-conforming parking, existing on the effective date of this Ordinance, will continue to be allowed when no feasible space exists on the rental property. Parking spaces shall be used solely for the parking of licensed and operable passenger automobiles. Parking is prohibited in any portion of the front yard or side lawns, the street right-of-way and the public sidewalk.
Section 1.123 – Structure Exterior. No person shall rent or let another to rent for human habitation any structure or portion thereof which does not comply with the following regulations:
- Foundations, Walls and Roof. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such conditions as to exclude rodents.
- Exterior Walls. All exterior surface material must be pained or maintained in good repair. Chimneys shall be maintained structurally sound and in a safe, operable condition.
- Roof and Gutters. The roof shall be structurally sound, tight, and have no major defects which admits rain. Butters and downspouts shall be firmly affixed and maintained free from defects.
- Stairs, Porches and Railings. Stairs and other exit facilities shall be adequate for safety as provided in the Building Code and shall comply with the following sections:
- Structural Safety: Every outside stair, every porch and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads as required by the Building Code; and shall be kept in sound condition and good repair.
- Handrails: Every flight of stairs, which are more than three (3) risers high, shall have handrails which shall be located as required by the Building Code. Porches, balconies or raised floor surfaces located more than thirty (30) inches above the floor or grade below thirty-six (36) inches in height. Every handrail balustrade shall be firmly fastened and shall be maintained in good condition. Non-conforming handrails, existing on the effective date of this Section, will be allowed if there is no hazard to the health and safety of the occupants.
- Windows, Doors, and Hatchways. Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.
- Windows to be Openable. Windows shall be capable of being easily opened and held in position by window hardware.
- Door Hardware. Every exterior door, door hinge and door latch shall be maintained in good condition.
- Window and Door Frames to Fit In Wall. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.
- Basement Hatchways. Every basement hatchway shall be capable of being opened from the inside and without the use of a key.
- Exit Doors. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.
- Basement. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or the other device as will effectively preclude such entry.
Section 1.124 – Structure Interior. No person shall rent or let to another for human habitation, any structure or portion thereof which does not comply with the following requirements:
- Free from Dampness. Every building, cellar, basement and crawl space shall be maintained free from excessive dampness to prevent conditions conductive to decay or deterioration of the structure.
- Structural Members. The supporting structural members of every building shall structurally sound, showing no evidence of deterioration as to load bearing capacity.
- Interior Stairs and Railings. Stairs and handrails shall be provided in every structure as required by the Building Code, except where non-conforming stairs and handrails, existing on the effective date of this Section, are found to be safe and sound and present no hazard to the health and safety of the occupants by the CEO.
- Maintained in Good Repair. All interior stairs of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose.
- Sanitation. The interior of every dwelling and structure shall be maintained in a clean and sanitary condition free from accumulation of rubbish or garbage.
- Insect and Rodent Harborage. Buildings shall be kept free from insect and rodent infestations, and where insects and rodents are found, they shall be promptly exterminated by safe and acceptable processes. Every owner of a dwelling, or multi-family dwelling shall be responsible for the extermination on insects, rodents, vermin or other pests whenever infestation exists in two or more of the dwelling units or in the shared or pubic parts of the structure. The occupant of a single family dwelling shall be responsible for such extermination within the unit occupied whenever such dwelling is the only unit in the building that is infested. Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multi-family dwelling in a rodent-proof condition, extermination of such rodents shall be the responsibility of the owner.
- Interior Walls, Ceilings and Floors. All interior walls, ceilings and floors shall be structurally sound, in good repair and properly maintained.
ARTICLE VII – BASIC EQUIPMENT AND FACILITIES
Section 1.125 – Ventilation. Every habitable room shall have at least one (1) window or skylight which can be easily opened for adequate ventilation, except where there is supplied ventilation from an electric-powered, mechanical system. Non-conforming ventilation existing on the effective date of this Ordinance, will be allowed if there is no hazard to the health and safety of the occupants.
Section 1.126 – Bathroom Light and Ventilation. Every bathroom and toilet compartment shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and toilet compartments equipped with a mechanical ventilation system. Non-conforming ventilation existing on the effective date of this Ordinance, will be allowed if there is no hazard to the health and safety of the occupants.
Section 1.127 – Electrical Facilities. Every building and rental unit shall be adequately and safely provided with an electrical system in compliance with the requirements of this Section. The provisions of subsections (1) through (5) shall be considered absolute minimum requirements. The number of rental units in a building and usage of appliances and equipment therein shall be used as the basis for determining the need for additional electrical facilities. Non-conforming electrical systems existing on the effective date of this Ordinance, will be allowed if there is no hazard to the health and safety of the occupants.
- Receptacles. Every habitable space in a unit shall contain at least two (2) spate and remote receptacle outlets or one (1) receptacle outlet and one (1) ceiling or wall type electric light fixture. Every laundry area, kitchen and bathroom shall contain at least one (1) grounded type receptacle near a water exposure area.
- Lighting Fixtures. Every pubic hall, interior stairway, toilet compartment, bathroom, laundry room and furnace room shall contain at least one (1) electric lighting fixture.
- Service. When an electrical system requires replacement or modification to comply with the provisions of this Section, the service shall be corrected to a minimum of one hundred (100) ampere, three (3) wire service.
- Installation. All electrical equipment, wiring and appliances shall be installed and maintained in accordance with State Electrical Code. All electrical equipment shall be of an approved type.
- Defective System. Where it is found that the electrical systems in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, the CEO shall require the defects to be corrected to eliminate the hazard.
Section 1.128 – Heating Facilities. Every rental unit and residential structure shall have heating facilities that are in safe and good working condition, and that are capable of providing adequate heat to all habitable rooms, bathrooms, and toilet compartments located therein. Portable heating equipment employing a flame and heating equipment using gasoline or kerosene as fuel are prohibited. All electric portable heating units must be plugged into an electric wall outlet without the use of any extension cord.
Section 1.129 – Water Heating Facilities. Every rental unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar unit of a temperature of not less than one hundred twenty (120) degrees Fahrenheit as required for the reasonable use by occupants.
Section 1.130 – Sanitary Facilities. Each rental unit shall include the following minimum sanitary facilities maintained in sanitary, safe, and working condition:
- Toilet. A toilet within the rental unit, separate from the habitable rooms, which affords privacy.
- Lavatory. A lavatory in the same room with the toilet or adjacent to it.
- Bathtub or Shower. A bathtub or shower which affords privacy to the user.
- Kitchen Sink. A kitchen sink apart from the required lavatory.
Section 1.131 – Water and Sewer Systems. Every installed kitchen sink, lavatory, bathrub or shower and toilet shall be properly connected to a public water and sewer system or approved and permitted private system. All bathroom and kitchen sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.
Section 1.132 – Installation and Maintenance. No person shall occupy or let to another person for occupancy, any rental unit or structure which does not comply with the following requirements:
- Facilities and Equipment. All required equipment and all building space and parts in every rental unit or structure shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code.
- Maintained Clean and Sanitary. All rental units and building facilities shall be maintained in a clean and sanitary condition by the responsible person so as not to breed insects and rodents or produce dangerous or offensive gases or odors.
- Plumbing Fixtures. Water lines, plumbing, fixtures, vents and drains shall be properly installed, connected and maintained in working order, free from obstructions, leaks and major defects.
- Plumbing Systems. Every pluming stack and sewer function shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs which require a permit and new installation shall be made in accordance with the State Plumbing Code. Non-conforming plumbing systems or parts thereof, on the effective date of this Section will be allowed, if there is no hazard to the health and safety of the occupants.
- Heating Systems. All heating equipment shall be maintained in good condition. Sufficient venting capacity and combustion air shall be provided.
ARTICLE VIII – UTILITY SERVICES AND EQUIPMENT TO BE MAINTAINED
Section 1.133 – Utility Services. An owner, except as provided herein, shall not cause any of the following utilities, services or equipment to be shut off, disconnected or removed or otherwise terminated or interrupted when the utility, service or equipment is being furnished to or used by the occupant of a rental unit: Water or sewer service, fuel supply, heating or ventilation equipment, hot water supply or electrical service. This Section does not apply to a necessary or temporary interruption of service required for maintenance, repair or replacement, not to any such interruption needed to act upon an emergency or hazardous condition. An owner shall be responsible to the City for payment of municipal water and sewer charges to rental units. Neither an owner nor a tenant shall cause a utility service to be terminated, for non-payment or otherwise, without fiving immediate notice to the other party to the rental agreement.
ARTICLE IX – SPACE AND OCCUPANCY REQUIREMENTS
Section 1.134 – Occupancy Requirements. NO person shall occupy or let to another for occupancy, any rental unit for the purpose of living therein which does not comply with the following requirements:
- Minimum Ceiling Height. Habitable rooms shall have a clear ceiling height over the minimum area required by this Section of not less than seven (7) feet. A ceiling height of less than seven (7) feet will be considered a built-in deficiency and shall be exempt from compliance, provided that such built-in deficiency was in compliance with a building code at the time of construction.
- Required Space in Sleeping Rooms. Every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant.
- Access Limitation of Dwelling Unit to Commercial Uses. No habitable room, bathroom, or toilet compartment which is accessory to a rental unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor’s or dentist’s examination or treatment room, or similar room used for public purposes.
- Location of Rooms. No dwelling or rental unit containing two (2) or more sleeping rooms shall be arranged so that access to a bathroom or toilet can be obtained only by going through another sleeping room. This requirement shall not apply to single family rental dwellings in which no lodgers are occupants.
- Required Space in Efficiency Unit. Each efficiency rental unit shall include:
- A living area not less than two hundred twenty (220) square feet of floor area with an additional one hundred (100) square feet of floor area for each occupant in excess of two (2).
- A kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30 ) inches in front.
- A separate bathroom containing a toilet, lavatory and bathtub or shower.
- Basement Space not Habitable. No basement space shall be used as habitable room or rental unit except as provided in this Section. Basement may be used as a recreation room but not used for sleeping purposes.
- Basement Dwelling Units. No basement space shall be used as a dwelling or rooming unit unless:
- The floor and walls are impervious to leakage of underground and surface run-off water.
- The total window area in each room is equal to at least five (5) percent of the floor area of the room.
- The total openable window area in each room is equal to fifty (50) percent of the minimum window area, except where there is supplied a mechanical ventilation system to the outside air capable of completely changing the air in the room every thirty (30) minutes.
- The ceiling height throughout the unit is at least seven (7) feet.
- It is separated from heating equipment, incinerators, or other hazardous equipment by an approved partition.
- Access can be gained to the unit without going through a furnace room.
- Two (2) independent means of egress are provided from every basement space containing more than one dwelling unit or one rooming unit.
Section 1.135 – Mobile Home, Camper, or Motorhome.
- No mobile home, camper or motorhome, whether mobile or not, shall be occupied as a rental unit within the City, except in a legally established mobile home park. Non-conforming mobile homes used as rental existing on the effective date of this Ordinance, will be allowed to continue as rentals, if there is no hazard to the health and safety of the occupants.
- Mobile homes, campers or motorhomes occupied by anyone other than the registered owner will be assumed to be rentals. Certified proof of ownership shall be provided to the City upon request.
ARTICLE X – MINIMUM STANDARDS FOR ROOMING HOUSES; BED & BREAKFAST; HOTEL; ETC
Section 1.136 – Rooming Houses; Bed & Breakfasts; Hotels; etc minimum Standards. Every rooming house in the City shall be in compliance with the applicable minimum standards and requirements of this Ordinance, and shall be subject to the following additional requirements:
- Basic Equipment. At least one (1) flush toilet, one (1) lavatory basin and one (1) bathtub or shower shall be provided for each eight (8) occupants. The number shall include members of the family of the owner or operator in they share the use of the facilities. In a rooming house in which both sexes are accommodated, there shall be a minimum of two (2) flush toilets and lavatory basins located in separate rooms which are conspicuously marked.
- Location of Toilets, Baths. Every toilet, lavatory basin and bathtub or shower required by this Section shall be located in a room which has the following characteristics:
- Affords privacy and is separate from the habitable rooms.
- Is accessible from a common hall without going outside the rooming house.
- Is not more than one story removed from the rooming unit of any occupant sharing the facilities.
- Bedding, Bed Linen, Towels. Where bedding, bed linens or towels are supplied, the owner shall maintain the bedding in a clean and sanitary manner, and shall furnish clean bed linen and towels at least once each week and prior to the letting of any room to any new occupant.
- Means of Egress. When the rooming house, bed & breakfast, or hotel is more than two (2) stories in height or when there are accommodations for ten (10) or more persons in a second story or higher shall Be no less than two (2) exits.
- Sanitary Maintenance by Owner. The owner shall keep all walls, floors, and ceilings in a clean, safe and sanitary condition.
- Garbage and Rubbish Containers. The owner shall provide approved containers for the storage of garbage or rubbish.
ARTICLE XI – FIRE SAFETY, PREVENTION, AND PROTECTION REQUIREMENTS
Section 1.137 – Safety Requirements. All rental units shall be subject to the following safety and fire prevention requirements:
- Smoke Detectors. The owner shall install and maintain, and replace when defective, an Underwriters Laboratory (U.L.) approved smoke detector in each sleeping area of every rental unit.
- Flammable Materials. Highly flammable matter, including paints, volatile oils, cleaning fluids, or combustible refuse, including waste paper, boxes or rags, shall not be accumulated or stored except in reasonable quantities consistent with normal usage.
- Egress Doors. Egress doors shall be readily openable from the inner side without the use of keys.
- Egress Provisions. There will be an unobstructed means of egress from the interior of every residential building to a street, or to a yard, court, or passageway leading to a public open area at ground level.
- Vehicles and Machinery. No vehicle or machinery of any type containing gasoline or a flammable liquid shall be repaired, operated or stored in a basement of any other living area of the unit.
- Exits. Every residential building exceeding two (2) stories in height above ground, not including basements shall have two (2) independent exits from each floor above the second floor. Two (2) story buildings containing four (4) units or less shall have one (1) approved independent exit from the second floor. Exit signs, when required, shall be illuminated and easily visible by occupants.
ARTICLE XII – VIOLATIONS
- Any person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance shall be guilty of a civil infraction. Notice shall be given in writing by the CEO and shall be served by registered mail or personal service.
- Each and every day a violation of this ordinance continues shall be a separate and distinct violation of this ordinance. Each violation is a separate punishable offense.
- The sanction for each violation of this ordinance shall be a civil fine of not less than $100 or more than $500 plus costs and other sanctions for each infraction.
- Increased civil fines may be imposed for repeated violations of any requirements or provision of this ordinance. Unless otherwise specifically provided by this ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:
- The fine for any offense which is a first repeat offense shall be no less than $250 plus costs.
- The fine for any offense which is a second repeat offense or any subsequent repeat offence shall be no less than $500 plus costs.
- In addition to civil fines, the court may determine cost of the action which shall not be limited to the cost taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction up to the entry of judgment.
- In addition to any remedies available at law, the City may bring an action for an injunction or other process to restrain, prevent or abate any violations of this ordinance.
ARTICLE XIII – LANDLORD/TENANT RESPONSIBILITIES
Section 1.148 – Owner Responsibilities. In addition to all other responsibilities under the terms of this Ordinance, the following provisions shall apply to owner:
- Compliance Prior to Rental. No owner shall rent, lease or otherwise offer or provide for occupancy a rental unit which does not meet the requirements of this Ordinance.
- Eviction of Tenants. If an owner is prevented from complying with the provision of this Ordinance due to the actions or negligence of a tenant, it shall be the responsibility of the owner to promptly terminate the tenancy and cause the tenant to be evicted as permitted by law.
- Shared or Public Areas. All shared or public areas of a rental premises containing two (2) or more rental units shall be maintained in a clean and sanitary condition by the owner and/or tenants.
- Utility Services. Owners shall make available utility services as are required and permitted pursuant to Section 1.137 of this Ordinance.
- Accessory Structures and Fences. Every accessory structure and fence on rental premises shall be maintained in good repair by the owner or in lieu thereof, the owner shall cause the same to be removed.
- Extermination of Insects. Owners shall be responsible for the extermination of insects, rodents and other pests as provided in Section 1.126 of this Ordinance.
- Sale of Rental Unit. Upon the sale or change of use of a rental unit, the owner shall promptly notify the CEO.
- Owner shall notify tenant of requirements of this Ordinance.
Section 1.138 – Responsibility of Tenants. In addition to all other responsibilities under this Ordinance, the following provision shall apply to tenants:
- Sublet, Etc. No tenant shall sublet a rental unit or allow non-tenants to occupy a rental unit except upon specific consent of the owner; or permit an excessive number of occupants to occupy a rental premises in violation of this Ordinance.
- Sanitary Conditions. Every tenant shall maintain their rental unit and all other parts of a rental premises for which he or she is responsible in a clean and sanitary condition.
- Cooperation with Owner. Tenants shall promptly notify the owner of any known violation of this ordinance and shall cooperate with the owner in maintaining the rental premises. Tenants shall inform the City upon lack of responses by the owner to such notifications.
- Plumbing Facilities. All plumbing fixtures and toilet facilities shall be maintained in a clean and sanitary condition at all times.
- Parking Requirements. Tenants shall comply with all off street parking requirements as provided in this Ordinance.
- Extermination of Insects and Pests. Tenants shall promptly cause all insects, rodents or other pest to be exterminated when it is their responsibility to do so under the provision of this Ordinance.
- Exterior Areas. Tenants shall, when required by this Ordinance, maintain all exterior area of a rental premises in a clean, sanitary and orderly condition.
- Rubbish and Garbage. Tenants of single family dwelling units shall furnish their own rubbish and garbage disposal facilities.
- Enforcements. The tenant responsibilities under this Ordinance shall be enforced by the CEO using the same enforcement provisions as are applicable to violations of this code by owners.
ARTICLE XIV – SEVERABILITY
Should any part or provisions of this Ordinance be declared invalid or unenforceable by any court of competent jurisdiction, such invalid or unenforceable part or provision shall not affect the validity or enforceability of the remainder of their Ordinance, if the remainder thereof can be given effect without such part or provision thus declared to be invalid or unenforceable.
This Ordinance shall be effective on the _________day of ____________, 2004, following the adoption thereof and after legal publications and in accordance with the provisions of the State Act governing same.
__________________________________ C. Robert Perry, Mayor
__________________________________ Janet Miller, City Clerk
- Approved: Approved as applied to a material, device or method of construction shall mean approved by the Code Enforcement Official (CEO), or approved by other authority designed by law to give approval on the matter in questions.
- Basement: A portion of the building partly underground, having more than half of its clear height below the average grade of the adjoining ground.
- Basic Structural Elements: The parts of a building which provide the principal strength, including but not limited to, plates, studs, joists, rafters, stringers, stairs, sub—flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry, and all other essential components.
- Boarding House: See “Dwelling.”
- Building Code: The Building Code (B.O.C.A., 1990 Edition) officially adopted by the City of Stanton and the County of Montcalm for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.
- Certificate of Occupancy: A certificate issued by the Code Enforcement Official (CEO) stating that a structure or portion thereof complies with the requirements of this Ordinance and other applicable provisions of the City Ordinances.
- Code Enforcement Official: The official designation by the Mayor and approved by the City Council to enforce the provisions of this Ordinance, or his or her duly authorized representative (hereinafter referred to as the “CEO”)
- Dwelling Unit: One or more rooms and a single kitchen designed as a unit for occupancy by one family, with provisions of cooking, living, sanitary and sleeping facilities.
- One Family Dwelling – A detached building contained one (1) dwelling unit. (see Dwelling Unit)
- Two-Family Dwelling. A building containing two (2) dwelling units. (See Dwelling Unit”
- Multi-Family Dwelling. A building containing three (3) or more dwelling units. (See Dwelling Unit)
- Boarding House, Rooming House, Lodging House or Tourist Home. A building arranged or used for temporary lodging for compensation for more than three (3) and not more than twenty (20) persons where the renters use common facilities such as hallways and bathrooms. A rooming house shall not include hotels and motels.
- Emergency: A condition of imminent danger calling for immediate action in order to avoid possible death, injury or illness to a human being or the destruction or severe damage to real or personal property.
- Exterior Property Areas: The open space on the premises and on adjoining property under the control of owners or operators of a rental premises.
- Family: An individual or couple and the children thereof with not more than two other persons related directly to the individual or couple by blood; living together as a single housekeeping unit in a dwelling unit.
- Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Good Repair and Workmanship: Completing a task of construction, repair or replacement to industry standards and installed so as to be functional for its present and intended use and to be safe and sanitary.
- Gross Floor Area: The total area of all habitable space in a building or structure.
- Ground Level: The finished grade touching the outside foundation or a wall. The tops of a window well structure shall be considered as ground level.
- Habitable Floor Area: The square foot floor area of a habitable room or habitable rooms, excluding any part of a room where the ceiling is less than five (5) foot above the floor.
- Habitable Room: Any room which meets all light, ventilation and area standards.
- Hazardous: A condition which the CEO has determined to be likely to result in the death, injury or illness of a human being or in the severe damage to real or personal property or in the unauthorized entry into a dwelling unit or accessory building if corrective measures are not taken expeditiously
- Heating: The provision of heating facilities that are capable of heating all habitable rooms, bathrooms, and toilet compartments located therein to a temperature of sixty-five (65) degrees Fahrenheit when the outside temperature is ten (10) degrees below zero at a point three (3) feet above the floor and three (3) feet from any exterior wall.
- Hot Water: Water heated to a temperature of one hundred twenty (120) degrees Fahrenheit at the outlet.
- Infestation: The presence, within or contiguous to, a structure of premises of insects, rodents, vermin or other pests.
- Junk: Includes, but shall not be limited to, parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or other material or other cast-off materials of any kind whatsoever, whether or not the same could be put to any reasonable use.
- Kitchen: A room used or intended to be used for the preparation of food or for both the preparation and consumption of food, but not for any other living or sleeping purpose.
- Kitchenette: A portion of a room used or intended to be used for the preparation of food or for both the preparation and consumption of food while the remainder of the room is used or may be intended to be used partially for purposes other than sleeping.
- Multi-Family Dwelling: (See Dwelling)
- Occupant: Any person over one(1) year of age (including owner or operator), living and sleeping in a dwelling unit or having actual possession of said dwelling unit or rooming unit.
- Operator: A person who has charge, care or control of a structure or remises which are let or offered for rental occupancy.
- Owner: The person (s) or entity to whom a dwelling unit is assessed on the City of Stanton’s tax rolls. When the person listed on the tax rolls is the holder of a mortgage on the assessed premises, the owner shall be the person (s) named as the mortgagor (s) on the mortgage document.
- Plumbing or Plumbing Fixture: What heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines , or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.
- Premises: A lot, plot or parcel of land including the buildings or structures thereon.
- Rented: A dwelling unit legally occupied by a person other than the owner or other than the mot her, father, or child of the owner.
- Rooming House: See “Dwelling – Boarding House”
- Rooming Unit: Any room or group of rooms in a boarding or rooming house, forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
- Rubbish: Combustible and non-combustible waste materials including garbage and including the residue from the burning of wood and other combustible materials, paper, rages, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass and dust and other similar material.
- Sanitary: Free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to human beings or animal, or which produces strong odors or which provides food for, or in an available source of food for animals and insects.
- Structural Alterations: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
- Structure: Anything constructed or erected, such as a building, which requires location on the ground, or attachment to something having location on the ground, except wall, fences, ornamental landscape features, driveways and sidewalks.
- Tenant: Any person other than a legal title holder, occupying or possessing a dwelling or part thereof.
- Unfit for Human Habitation: Any dwelling or dwelling unit which is a hazard to the health and welfare of the occupant because it lacks maintenance; is in disrepair; is unsanitary; is vermin or rodent infested; or because it lacks sanitary facilities.
- Unit: A collective tern for any dwelling unit.
- Unsafe: A condition which is reasonable likely to cause injury to human beings or property.
- Vacant: Not being used as a regular place of residence for one or more persons.
- Ventilation: The process of supplying and removing air by natural or mechanical means to or from any space.
- Mechanical – Ventilation by power-driven devices.
- Natural – Ventilation through windows, skylights, doors, louvers, or stacks without using a wind or power-driving device.
- Yard: An open, unoccupied space on the same lot with a building extended along the entire length of a street, or a rear or interior lot line.
ADMINISTRATION AND ENFORCEMENT PROCEDURES AND CRITERIA
The following Sections define the administrative and enforcement procedures and criteria to be utilized to insure compliance with the provision of the Rental Housing Ordinance.
Section 1.01B – Time to Correct Violations. All Violations Notices shall provide a specified time period to correct the violation in relation to the seriousness of the violation. The following time limits shall apply:
- Not more than twenty-four (24) hours for an emergency violation including water, sewer. Electric or hazardous conditions, a time designed by the CEO not to exceed sixty (60) days for all other violations. The CEO may extend the time period for correction of violations if: (a) there are extenuating circumstances; and (b) the responsible party has made a substantial and documented effort to correct the violations within the time allotted. All extensions shall be written and served on the responsible party in the same manner as the Violation Notice.
Section 1.02B – Notice of Violation and Order to Repair. Upon observing the existence of a violation of this Ordinance the CEO shall serve the responsible party a Notice of Violation and Order to Repair. The Notice shall:
- Specify the date of the inspection and the address where the violation was found.
- Include a description and location of each violation observed by the CEO
- Order the responsible party to correct all listed violations by a specified date.
- State that each violation is separate punishable offence.
- State that a re-inspection will be made to determine whether all violations have been made by the specified date.
- Advice the responsible party of applicable re-inspection fees charged by the City.
- State the failure to comply with the Notice to Repair will result in prosecution.
Section 1.03B – Prosecution. Upon failure of a responsible party to comply with a Notice to Violation and Order to Repair, the CEO may proceed with prosecution.
Section 1.04B – Emergency Orders. If the CEO determines that a condition exists or is likely to exist which is an emergency, the CEO shall immediately attempt to verbally notify the owner or owner’s agent, and all occupants of the rental unit (s) of the nature of the emergency, and verbally order the responsible party to immediately correct the condition (s) causing the emergency. The CEO shall prepare and serve a Violation Notice on the responsible party as soon as practicable after the verbal order has been given or attempted. Failure to comply with an emergency order is a violation of the Ordinance.
Section 1.05B – Inspection Entry. For the purpose of enforcing the provisions of this Ordinance, the CEO is authorized to inspect rental units at any time during reasonable hours with the consent of a responsible party, owner, owner’s agent or any occupant. Upon refusal, the CEO may apply to the appropriate court for a court order authorizing entry as provided by State Law.
Section 1.06B – Change of Ownership. The CEO shall immediately issue a new Notice of Violation and Order to Repair, as the case may be, to any new person or persons assuming occupancy, ownership or in status of agency for any rental unit which has been cited for violations. The responsible party who has failed to comply with a Notice of Order to Repair shall not be relieved of the responsibility of having violated any provision of this Ordinance by transferring ownership, occupancy or responsible agent status.
Section 1.07B – Recurrent Violation. A responsible party who fails to pass inspection under this Ordinance, in or about the rental unit or rental units in the same structure, three (3) times in a twelve (12) month period, shall be presumed to be a willful violator of the provisions of this Ordinance and to be causing undue expense to the City in the administration of this Ordinance. In such cases:
- The CEO shall determine if a violation of this section exists.
- All inspections and/or re-inspection fees then in effect shall be doubled.
- The CEO may revoke the responsible owner’s license to maintain a rental unit or units.
Section 1.08B – Service of Notices or Orders. A person shall be deemed to be served with a Notice of Violation or Order to Repair or any other official notice or order of the CEO, if a copy is served upon him or her personally; or if a copy thereof is sent by registered mail to his or her last known address and a copy thereof is posted in a conspicuous place in or on the rental unit or structure containing the rental unit affected by such notice or order; or if he or she is served with a copy thereof by any other method authorized by the laws of this State. The time of performance shall commence on the date of personal service or the date of posting or mailing.
Section 1.09B – Structure Unfit for Human Occupancy. Whenever the CEO finds any rental unit or rental unit structure to be:
- A hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance.
- In disrepair, unsanitary, vermin-infested or rodent-infested.
- In violation of the minimum requirements of this Ordinance, but has not reached the state of complete disrepair as to be subject to condemnation as a dangerous building.
- Is occupied by more occupants than permitted under this Ordinance or
- Erected, altered or occupied contrary to law.
The CEO may order it to be posted as unfit for human habitation and license revoked. It shall be unlawful to again occupy such rental unit or structure until it or its occupation, as the cause may be , has been made to conform to the provisions of this Ordinance. Every day of continued occupation after license revocation shall be a repeat violation or separate offence.
Section 1.10B – Order to Vacate. Any rental unit or rental structure found to be unfit for human habitation by the CEO shall be ordered repaired or rehabilitated to correct the conditions rendering the same unfit for human habitation. A notice to Vacate shall be in writing and include:
- The street number or description of the real estate and rental unit (s) sufficient for identification.
- A description of the defects, conditions and/or violations of this Ordinance.
- A directive that the rental unit or rental structure when vacated must remain vacant until the provision of the Notice to Vacate have been complied with and the Notice to Vacate has been withdrawn in writing.
- A reasonable time for making the repairs, rehabilitation or correction violations of the Ordinance.
- State the time period in which occupants must vacate the structure.
- Every day of continued occupation after revocation shall be a repeat violation or separate offense.
Section 1.11B – Posting of Notice. Any rental unit or structure declared unfit for human habitation shall be posted in a conspicuous place or places with a place card bearing the words:
“UNFIT FOR HUMAN HABITATION PER HOUSING ORDINANCE”
Section 1.12B – Sale of Rental Unit. The sale of real estate on which a rental unit or units are located automatically terminates any rental unit license with respect to such rental units (s) . It is the responsibility of the owner to notify the city of the sale within fifteen (15) days.
(3) City Costs. The City may upon proof of the defendant’s conviction, recover all the costs including by not limited to inspection, prosecution and administration. Such cost may also be assessed by lien against the subject property tax roll.
ORDINANCE NO. 193 – CABLE TV RATE REGULATIONS & PROCEDURES
AN ORDINACE TO ADPOT REGULATIONS AND PROCEDURES FOR BASIC CABLE TV RATE REGULATION
THE CITY OF STANTON ORDAINS:
Section 1. Definitions. For purposes of the Ordinance, “Act” shall mean the Communications Act of 1934, as amended (and specifically as amended by the Cable Television Consumer Protections and Competition Act of 1992, Pub. L. 102-385), and as may be amended from time to time; “FCC” shall mean the Federal Communications Commission; “FCC Rules” shall mean all rules of the FCC promulgated from time to time pursuant to the Act; “basic cable service” shall mean “basic service” as defined in the FCC Rules, and any other cable television service which is subject to rate regulation by the City pursuant the Act and the FCC Rules; “associated equipment” shall mean all equipment and services subject to regulation pursuant to 47 CFR 76.923; and an “increase” in rate shall mean an increase in rates or a decrease in programming or customer services as provided in the FCC rules. All other words and phrases used in this Ordinance shall have the same meaning as defined in the Act and FCC Rules.
Section 2. Purpose; Interpretation. The purpose of this Ordinance is to: 1) adopt regulations consistent with the Act and the FCC Rules with respect to basic cable service rate regulation, and 2) prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the City. This Ordinance shall be implement and interpreted consistent with the ACT and FCC Rules.
Section 3. Rate Regulations Promulgated by FCC. In connection with the regulation of rates for basic cable service and associated equipment, the City of Stanton shall follow all FCC Rules.
Section 4. Filing; Additional Information; Burden of Proof.
- A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance the the Act and the FCC rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC Rules. The cable operator shall file ten (10) copies of the schedule or proposed increase with the City Clerk. For purposes of this Ordinance, the filing of the cable operator shall be deemed to have been made when at least ten (10) copies have been received by the City Clerk. The City Council may, by resolution or otherwise, adopt rules and regulations as allowed by law prescribing the information, data and calculations which must be included as part of the cable operator’s filing of the schedule of rates or proposed increase.
- In addition to information and data required by rules and regulations of the City pursuant to Sections 4(a) above, a cable operator shall provide all information requested by the City Administrator or other Council designated representative that is related and helpful in connection with the City’s review and regulation of existing rates for the basic service tier and associate equipment or a proposed increase in these rates. The city administrator or other council designated representative may establish reasonable deadline for submission of the requested information and the cable operator shall comply with such deadlines.
- A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules including, without limitation, 47 USC 543 and 47 CFR 76.922 and 76.923.
Section 5. Proprietary Information.
- If this Ordinance, any rules or regulations adopted by the City pursuant to Section 4(a), or any request for information pursuant to Section 4(b) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and facts that support those reasons. The request for confidentiality will be granted if the City determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. 552. The City shall place in a public file for inspections any decision that results in formations being withheld. If the cable operator requests confidentiality and the request is denied, (1) where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or (2) the cable operator may seek review within five working days of the denial in nay appropriate forum. Release of the information will be stayed pending review.
- Any interested party may file a request to inspect material withheld as proprietary with the City. The City shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
- The procedures set forth in this section shall be constructed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 CFR 0.459.
Section 6. Public Notice; Initial review of Rates. Upon the filing of ten (10) copies of the schedule of rates or the proposed increase in rates pursuant to Section 4(a) above, the City Clerk shall publish a public notice in a newspaper of general circulation in the City which shall state that: 1) the filing has been received by the City Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying, and 2) interested parties are encouraged to submit written comments on the filing to the City Clerk not later than seven (7) days after the public notice is published. The City Clerk shall give notice to the cable operator of the date, time, and place of the meeting which the City Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first-class mail at least three (3) days before the meeting. In addition, if a written staff or consultant’s report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, then the City Clerk shall mail a copy of the report by first-class mail to the cable operator at least three (3) days before the meeting at which the City Council shall first consider the schedule of rates or the proposed increase.
Section 7. Tolling Order. After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after thirty (30) days from the date of filing under Section 4(a) above unless the City Council (or other properly authorized body of official) tolls the thirty (30) day de3aline pursuant to 47 CFR 76.933 by issuing a brief written order, by resolution or otherwise, within thirty (30) day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
Section 8. Public Notice; Hearing on Basic Cable Service Rates Following Tolling of 30-Day Deadline. If a written order has been issued pursuant to Section 7 and 47 CFR 76.933 to toll the effective date of existing rates for the basic rate, the cable operator shall submit to the City any additional information required or requested pursuant to Section 4 of this Ordinance. In addition, the City Council shall hold a public hearing to consider the comments of interested parties with the additional 90 day or 150 day period, as the case may be. The City Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state: 1) the date, time, and place at which the hearing shall be held, 2) interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rate or the proposed increase in rates, and 3) copies of the schedule of rates or proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than fifteen (15) days before the hearing. In addition, the City Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than fifteen (15) days before the hearing.
Section 9. Staff or Consultant report; Written Response. Following the public hearing, the City Administrator or other Council designated representative shall cause a report to be prepared for the City Council which shall (based on the filing cable operator, the comments or objections of interested parties, information requested from the cable operator and it response, staff or consultant’s review, and other appropriate information) include a recommendation for the decision of the City Council pursuant to Section 10. The cable operator may file a written response to the report with the City Clerk. If at least ten (10) copies of the response are filed by the cable operator with the City Clerk within ten (10) days after the report is mailed to the cable operator, the City Clerk shall forward it to the City Council.
Section 10. Rate Decisions and Orders. The City Council shall issue a written order, by resolution or otherwise, which in whole or in part, approves the existing proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a increase become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If City Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR 76.933. The order specified in this Section 7 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under Section 7 in all cases involving a cost-of-service showing.
Section 11. Refunds; Notice. The City Council may order a refund to subscribers as provided in 47 CFR 76.942. Before City Clerk shall give at least seven (7) days written notice to the cable operator by first-class mail of the date, time, and place at which the City Council shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose of submitting comments to the City Council.
Section 12. Written Decision; Public Notice. Any order of the City Council pursuant to Section 10 or Section 11 shall be writing, shall be effective upon adoption by the City Council, and shall b deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the City which shall: 1) summarize the decision, and 2) state the copies of the text of the written decision are available for inspection or copying from the officer of the Clerk. In addition, the City Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
Sections 13. Rules and Regulation. In addition to rules promulgated pursuant to Section 4, the City Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the ACT and the FCC Rules.
Section 14. Failure to Give Notice. The failure of the City Clerk to give the notices or to mail copies of reports as required by this Ordinance shall not invalidate the decisions or proceedings of the3 City Council so long as there is substantial compliance with this ordinance.
Section 15. Additional Hearings. In addition the requirements of this Ordinance, the City Council may in its sole discretion, hold additional public hearings upon such reasonable notice as the City Council shall prescribe.
Section 16. Additional Powers. The City shall possess all powers conferred by the Act, the FCC Rules, the cable operator’s franchise, all other applicable law. The powers exercised pursuant to the Act, the FCC Rules, and this Ordinance shall be in addition to power conferred by law or otherwise. The City may take action not prohibited by the Act and The FCC Rules ato protect the public interest in connection with basic cable service rate regulation.
Section 17. Failure to Comply; Remedies. The City may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator’s franchise with the City) for failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this Ordinance, any requirements to this Ordinance, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this Ordinance, any requirements of this Ordinance, or any rules and regulations promulgated hereunder, shall also be sufficient grounds for revocation or denial of renewal of a cable operator’s franchise.
Section 18. Severability. the various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, sections or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.
Section 19. Conflicting Provisions. In the event of any conflict between this Ordinance and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provisions of this Ordinance shall control.
Section 20. Effective Date. September 27, 1993
Adopted: September 16, 1993
ORDINANCE NO. 208 – TELECOMMUNICATIONS
Sec. 1. Purpose.
The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002) (“Act”) and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
Sec. 2. Conflict.
Nothing is this ordinance shall be construed in such a manner as to conflict with the Act or other applicable law.
Sec. 2. Terms Defined.
The terms used in this ordinance shall have the following meanings:
Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.
City means the City of Stanton
City Commission means the City Commission of the City of Stanton or its designee. This Section does not authorize delegation of any decision of function that is required by law to be made by the City Commission.
Permit means a non-exclusive permit issued pursuant to the Act and this ordinance to a telecommunications provider to use public rights-of-ways in the City for its telecommunications facilities.
All other terms used in this ordinance shall have the same meaning as defined or as provided in the Act, including with out limitations the following:
Authority means the Metropolitan Extension Telecommunications Rights-of-Ways Oversight Authority created pursuant to Section 3 of the Act.
MPSC means the Michigan Public Service Commission in the Department of Consumers and Industry Services, and shall have the same meaning as the term “Commission” in the Act.
Person means an individual, corporation, partnership, association, governmental entity, or any other legal entity.
Public Right of Way means the area on, below, or above a public roadway, highway, street, alley easement or waterway. Public right-of-way does not include a federal, state, or private right-of-way.
Telecommunication Facilities or Facilities means the equipment or personal property, such as copper and fiber lines, wires, switches, conduits, pipes, and sheaths, which used to or can generate, receive, transmit, carry, amplify, or provide telecommunications services or signals. Telecommunications facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332 (d) part of I of title III of the communications act of 1934, chapter 652,48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or servide provided by any wireless, two-way communications device. For the purpose of the Act and this ordinance only, a provider also includes all of the following:
- A cable television operator that provides a telecommunications service.
- Except as other wise provided by the Act, a person who owns telecommunications facilities located within a public right-of-way.
- A person providing broadband internet transportation access service.
Sec. 4. Permit Required.
- Permit Required. Except as other wise provided in the Act, a telecommunications provider using or seeking to use public right-of –ways in the City for its telecommunications facilities shall apply for and obtain a permit pursuant to this ordinance.
- Telecommunications providers shall apply for a permit on an application form approved by th MPSC in accordance with Section 6(1) of the Act. A telecommunications provider shall file one copy of the application with the City Clerk, one copy with the City ________ and one copy with the City Attorney. Upon receipt, the City Clerk shall make ______ copies of the application and distribute a copy to_________. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider’s existing and proposed facilities in accordance with Section 6 (5) of the Act.
- Confidential Information. If a telecommunications provider claims that any portion of the route maps submitted by its application contain trade3 secret, proprietary, or confidential information, which is exempt from the freedom of information Act 1976 PA 422 MCL 15.231 to 15.246, pursuant to Sections 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.
- Application Fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time-non-refundable application fee in the amount of $500.00.
- Additional Information. The City may request an applicant to submit such additional information which the City deems reasonably necessary or relevant. The applicant shall comply with all such request in compliance with reasonable deadlines for such additional information established by the City. If the City and the applicant cannot agree on the requirement of additional information requested by the City, the City or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.
- Previously Issued Permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the City under Section 251 of the Michigan telecommunications act, 1991 PA 179. MCL 484.2251 and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan telecommunications act but after 1985 shall satisfy the permit requirements of this ordinance.
- Existing Providers. Pursuant to Section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the City as of such date, that has not previously obtained authorizations or a permit under Section 2512 of the Michigan telecommunications act 1991 PA, MCL 484.2251, shall submit to the City and application for a permit in accordance with the requirements of this ordinance. Pursuant to Section 5(3) of the act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under (d) above. A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in Section 5(4) of the Act.
Sec. 5. Issuance of Permit.
- Approval or Denial. The authority to approve or deny an application for a permit is hereby delegated to the City. Pursuant to Section 15 (3) of the Act, the City shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under section 4(b) of this ordinance for access to a public right-of-way within the City. Pursuant to Section 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The City shall not unreasonably deny an application for a permit.
- Form of Permit. If an application for permit is approved, the City shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Section 6(1), 6(2) and 15 of the Act.
- Pursuant to Section 15(4) of the Act, the City Manager may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
- Bond requirements. Pursuant to Section 15(3) of the Act, and with limitations of subsection (C) above, the City may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
Sec. 6. Construction/Engineering Permit.
A telecommunications provider shall not commence construction upon, over, across or under public rights-of-ways in the City without first obtaining a construction or engineering permit as required under Section 4(a) of this code, as amended, for construction within the public rights-of-way. No fee shall be charged for such construction or engineering permit.
Sec. 7. Conduit or Utilities Poles.
Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this ordinance does not give a telecommunications provider a right to use conduit or utilities poles.
Sec.8. Route Maps.
Pursuant to Section 6(7) of the Act, a Telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the City, submit route maps showing the location of the telecommunications facilities to both MPSC and to the City. The route maps should be in paper format unless and until the MPSC determines otherwise, in accordance with Section 6(8) of the Act.
Sec. 9. Repair of Damage.
Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way to its pre-existing conditions.
Sec. 10. Establishment and Payment of Maintenance Fee.
In addition to the non-refundable application fee paid to the City set forth in subsection 4(d) above, a telecommunications provider with telecommunications facilities in the City’s public rights-of-ways shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.
Sec.11. Modification of Existing Fees.
In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-ways, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modifications fees of providers with telecommunications facilities in public rights-of-ways with the City’s boundaries, so that those providers pay only those fees required under Section 8 of the Act. The city shall provide each telecommunications provider affected by the fee with a copy of this ordinance, in compliance with the requirements of Section 13(4) of the Act. The extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which otherwise inconsistent with the Act, such imposition us hereby declared to be contrary to the City’s police intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charged in error.
Sec.12. Saving Clause.
Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under Section 11 above shall be void from the date the modification was made.
Sec. 13. Use of Funds.
Pursuant to Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for the rights-of-ways related purposes. In conformance with that requirement, all funds received by the City from the Authority shall be deposited into the Major Street Fund and/or Local Street Fund maintained by the City under Act No. 51 of the Public Acts of 1951.
Sec. 14. Annual Report.
Pursuant to Section 10(5) of the Act, the City shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.
Sec. 15. Cable Television Operators.
Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from the charges the cable operator received for cable modem services provided through broadband internet transport access services.
Sec. 16. Existing Rights.
Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way.
Sec. 17. Compliance.
The City hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply with all respects with the requirements of the Act, including but not limited to the following:
- Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, as provided in Section 4(c) of this ordinance.
- Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with Section 4(f) of this ordinance.
- Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with Section 4(g) of this ordinance
- Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of public right-of-ways within the City, in accordance with Section 5(a) of this ordinance.
- Notifying the MPSC when the City has granted or denied a permit, in accordance with Section 5(a) of this ordinance
- Not unreasonably denying an application for a permit, in accordance with Section 5(a) of this ordinance
- Issuing a permit in the form approved by the MPSV with or without additional or different permit terms, as provided in Section 5(b) of this ordinance
- Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with Section 5(c) of this ordinance
- Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-ways is returned to its original condition during and after the telecommunications provider’s access and use, in accordance with Section 5(d) of this ordinance
- Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with Section 6 of this ordinance
- Providing each telecommunications provider affected by the City’s right-of-way fees with a copy of this ordinance, in accordance with Section 11 of this ordinance
- Submitting an annual report to the Authority, in accordance with Section 14 of this ordinance; and
- Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with Section 15 of this ordinance.
Sec. 18. Reservation of Police Powers.
Pursuant to Section 15(2) of the Act, this ordinance shall not limit the City’s right to review and approve a telecommunication provider’s access to and on going use of public right-of-way or limit the City’s authority to ensure and protect the health, safety, and welfare of the public.
Sec. 19. Severability.
The various parts, sentences, paragraphs, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this ordinance is adjudged unconstitutional or invalidity shall not affect the constitutionally or validity of any remaining provisions of this ordinance.
Sec. 20.Authorized City Officials.
The City or his or her designee is hereby designated as the authorized City official to issue municipal civil infractions citations (directing alleged violators to appear in court) or municipal civil infraction violations notice (directing alleged violators to appear at the municipal chapter violations bureau) for violations under this ordinance as provide by the City Code.
Sec. 21. Municipal Civil Infraction.
A person who violates any provision of this ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to (specify local civil infractions fines or ordinance section references here). (If the City does not have a municipal civil infraction ordinance: A violation of this ordinance shall be a violation of City Code). Nothing in this Section 21 shall be construed to limit the remedies available to the City in the event of a violation by a person of this ordinance or a permit.
Sec. 22. Repealer.
- All ordinance and portions of ordinances inconsistent with this ordinance are hereby repealed.
- City Code Chapter _____ Ordinance _____ is hereby repealed.
Sec. 23. Effective Date.
This ordinance shall take effect on June 2004.
ORDINANCE NO 208-05 – GARBAGE/SOLID WASTE
AN ORDINANCE REGULATING DISPOSAL OF GARBAGE/ SOLID WASTE AND THE MANAGEMENT THEREOF WITHIN THE CITY LIMITS OF THE CITY OF STANTON.
THE CITY OF STATON ORDAINS:
Purpose and Intent
It is the intent of the City Commission that this chapter be liberally construed for the purpose of providing sanitary and satisfactory method of preparation, collection and disposal of residential solid waste and materials, as well as the maintenance of public and private property in a clean, orderly and sanitary condition, for the health, safety and welfare of the City, and to provide for a reasonable system of user fees. Upon approval of the City Commission, the City agents are authorized to make such rules and regulations as appear to be necessary from time to time to carry out the intent of this chapter; provided, however, that such rules are not in direct conflict with this Code or the laws of the state.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
2.01 Aluminum means all products made of aluminum, including aluminum cans, foil, wrappers, containers for prepared dinners or other foods, screed frames and lawn chairs, excluding redeemable aluminum cans.
2.02 Brush means small trees and shrubs
2.03 Building means a structure used, in whole or part, for human habitation, manufacturing, sales or another purpose
2.04 Bulk Rubbish means rubbish, such as cardboard containers, wooden crates and similar rubbish, which cannot readily be placed in an approved container or bag.
2.05 City Designated Waste or Recyclable Collection and Transfer Facility means a facility which the City has identified from time to time as an approved location for the collection and transfer of all or some of the following: solid waster, yard waste, household hazardous waste and recycling.
2.06 City Yard Waste Bag means a bag which has been specifically identified by the City as a suitable container for the purpose of yard waste collection.
2.07 Commercial Establishment means property classified by the City’s Zoning Ordinance or the State of Michigan as a nonindustrial business. Residential income property which has more than three units considered a commercial establishment for the purpose of this chapter.
2.08 Commercial Solid Waste means the miscellaneous waste material resulting from the operation of mercantile enterprises, including garbage and rubbish and excluding all hazardous waste.
2.09 Commercial Solid Waste Collection means solid waste pickup from all commercial, business, institutional, condominium development and multiunit residential establishments which consist of three or more dwelling units.
2.10 Construction Material means waste from buildings, driveways, or other construction, alteration or repair, including dirt from excavations.
2.11 Demolition Debris means refuse which is incidental to the demolition of buildings, or structures or appurtenances on a premises.
2.12 Designated Collector means a permitted collector who has been issued a franchise from the City to collect and dispose of solid waste, and/or recycling and household hazardous waste. Designated by a City official or the Chief of Police or other official designated by the Mayor.
2.13 Domestic Solid Waste means the waste materials resulting from the usual routine of housekeeping, including garbage and rubbish and excluding all hazardous waste.
2.14 Dwelling means the same as Residential Unit.
2.15 Garbage means all animals, fish, fowl, fruit or vegetable waste incidental to the use, preparation and storage of food for human consumption. The term does not include food processing wastes from canneries, slaughterhouses and packinghouses or hazardous waste.
2.16 Hazardous Waste means any material that has been identified by state or federal regulations to be unsuitable for disposal in a Type II sanitary landfill or its state certified equivalent. (See Household Hazardous Waste for a clear definition of those items included in this category.)
2.17 Household Hazardous Waste means those items and/or materials that have been designated by state and federal authorities as typical household usage byproducts, and which can be disposed of through household hazardous waste collection system.
2.18 Industrial Solid Waste means all waste materials resulting from industrial or manufacturing operations or process of every nature organic wastes from canneries, slaughterhouses, packinghouses and other industrial food processing operations. This term includes refuse material resulting from cleaning up in connection with such industrial or manufacturing operations, and refuse material resulting from offices, stores, lunchrooms, warehouses, or other operations established in conjunction with such industrial or manufacturing operations, as well as garbage and rubbish, and excludes hazardous waste.
2.19 Leaf Collection Season means a period during the fall and spring of each year as scheduled by the City during which a leaf collection service is provided in specific areas of the City.
2.20 Leaves means foliage from plants, shrubs, and trees
2.21 Material Collection Permit means a permit issued by the City to a collection agent, which allows the collection agent the privilege to provide collection of a specific type of solid waste which could include household hazardous waste and/or recyclable material collection service.
2.22 Medical Waste means any material that has been identified by State or Federal regulation to be medical, biohazardous, or pathological waste and is subject to special handling and disposable regulations.
2.23 Multiple Residential means residential establishments consisting of three or more dwelling units.
2.24 Municipal Solid Waste means rubbish and garbage consisting of certain discarded products incidental to housekeeping and mercantile enterprises that are not recyclable. Such waste shall be classified as either domestic, commercial or industrial solid waste as further defined in this section, and excludes hazardous waste.
2.25 Permitted Collector means a collection agent who has received a material collection permit from the City.
2.26 Person in Charge means the owner, proprietor, occupant or agent in charge of any premises, whether an individual, partnership or corporation or business entity.
2.27 Premises means a parcel of land, including any buildings, structures, or appurtenances within the City, which includes the adjoining street, right-of-way or legal easement, separated from adjacent parcels of land by legal description.
2.28 Recyclable Material means materials specifically designated in accordance with the provisions of this chapter to be separated from solid waste for the express purpose of preparation for and delivery to a secondary market or other use.
2.29 Refuse means same as Solid Waste
2.30 Residential Solid Waste means the same as Domestic Solid Waste.
2.31 Residential Solid Waste Collection means weekly solid waste pickup from residential buildings with nor more than two dwelling units.
2.32 Residential Unit means a building, portion thereof, designated for occupancy exclusively by one family or residential purposes and having cooking facilities and separate sanitary facilities.
2.33 Rubbish means the miscellaneous waste materials resulting from housekeeping and ordinary mercantile enterprises, including materials such as packing boxes, cartons, excelsior, paper ashes, cinders, glass, metal, plastic and rubber, and excluding hazardous waste.
2.34 Solid Waste means garbage and rubbish. This term does not include human body waste, liquid waste, materials that have been separated either at the source or a processing site for the purpose of refuse, recycling or composting, or any material that has been identified by State or Federal regulation to be unsuitable for disposal in a Type II sanitary landfill or its State designated equivalent.
2.35 Special Refuse means furniture, washing machines, clothes dryers, refrigerators and other household appliances, other bulky refuse items, excluding construction and demolition debris, that are unsuitable for regular solid waste collection services.
2.36 Special Refuse Bag means a bag sold by the Company and/or its designee for the purpose of collection, except not on large item days. Special refuse bags shall be of a distinctive color or material and printed with the company seal or other appropriate words which indicate the use of the bag.
2.37 Type II Sanitary Landfill means as defined in Part 115 Public Act No. 451 of 1994 (MCL 324.11501 et seq.), or state equivalent designation.
2.38 Yard Waste means grass clipping, leaves, weeds, hedge clippings, garden waste and twigs.
2.39 Yard Waste Collection means collection service provided by the City or authorized agent thereof as determined by the City Commission and/or City.
Disposal of Solid Waste Generally
A person shall dispose of his or her solid waste segregate items as provided in this Chapter, or as specified by subsequent resolution of the City Commission, from all other solid waste produced and shall separately bundle or contain such items from proper disposal and collection, in accordance with the provisions set forth in this article.
Accumulation of Solid Waste
4.01 Accumulation of Refuse No owner and/or manager of a residential dwelling unit, commercial establishment or industrial facility shall permit the accumulation of refuse, rubbish or garbage upon his premises for a period that would pose a health hazard, subject adjacent property occupants to unreasonably offensive odors or become a public nuisance. The accumulation of refuse, rubbish or garbage for a period in excess of five days shall be prima facie evidence of posing a health hazard and creating a public nuisance.
4.02 Composting Storage Leaves, yard waste and vegetable waste may be stored for composting purposes in a manner which will not harbor rodents. Subject adjacent property owners to an unreasonably offensive odor or become a public nuisance, and stored in required rear yards, enclosed and not closer than ten feet from property line.
4.03 Alley or Lawn Extension In the case of an alley or lawn extension, which consists of the area between the sidewalk and the street, where refuse, rubbish, garbage or yard waste are or have been deposited, it shall be the duty of each owner or occupant of such lot or premises to remove from the half of such alley adjoining the lot or premises, or the entire lawn extension adjoining lot, all such substances.
Unauthorized Dumping and Littering
5.01 Authorized Throwing or Depositing of Refuse It shall be unlawful for any person to throw or deposit any refuse upon or into any street, right-of-way, alley, portable or non-portable container or upon any other property or premises, public or private, without the permission of the owner, proprietor, occupant or agent in charge of such premises.
5.02 Alternate Means of Disposal Residential units not using the franchised City collection system may be required to prove alternative means of disposal of solid waste. Only the awarded franchise can pick-up residential solid waste in the City.
Pre-Collection Requirements; Separation; Containers
6.01 Pre-Collection; Separation and Container Regulation All persons within the City who place the following items for disposal, removal or collection shall do so in strict conformity with the following regulations:
- Solid Waste. Solid waste shall be separated and contained in an approved bag or in another acceptable solid waste container.
- Yard Waste. Yard waste shall be separated as required by the City and contained in an approved container.
- Special Refuse. All special refuse shall be separated and must be removed using an approved method. Approved methods of removal shall be limited to:
- Arrangements with a permitted collector
- Transfer to a City designated collector and transfer site; or
- By tagging the debris with a City special refuse tag for collection by the City.
- Bulk rubbish. All rubbish, such as cardboard containers, wooden crates and similar rubbish, shall be separated, flattened and tied in bundles or packed in suitable containers or a size that may be readily handled by one collector, and in no case shall such bundle or container be larger than that which is approved by the permitted contractor.
- Industrial Solid Waste. All industrial solid waste shall be collected by permitted collectors privately contracted for by the industrial user, and shall otherwise comply with the provisions of this Chapter.
- Construction and Demolition Debris. All construction and demolition debris shall be separated and collected by permitted contractors privately contracted for by the person who produced the waste, and shall otherwise comply with the provisions of this Chapter.
- Hazardous Waste. All hazardous waste, except household hazardous waste, shall be separated and collected by permitted collectors privately contracted for by the person who produced the waste, and shall otherwise comply with the provisions of this Chapter.
- Household Hazardous Waste. All waste classified as household hazardous waste by local, state, and federal regulations shall be separated and disposed of through the collection system of the City, county or private contractors, when available.
- Medical Waste. All medical waste shall be separated and disposed of in accordance with all applicable state and federal regulations and shall be collected by permitted contractors privately contracted for by the person who produced the waste, and shall otherwise comply with the provisions of this Chapter.
6.02 Use of Unapproved Bags or Containers Items not placed in an approved bag/container along with proper payment to the Company will not be picked up, unless otherwise provided in this Chapter. The collection of municipal solid waste is conditioned upon the observance of all provisions of this Chapter. Collection is subject to weather and other conditions beyond the City’s control.
City Bags and Tags
7.01 Specifications The specifications for City bags and/or tags and their use shall be promulgated by the City.
7.02 Prices The prices for City residential waste collection shall be determined from time to time by resolution of the City Commission.
7.03 Sale and Purchase of Waste Bags The City or its authorized representatives may sell City solid waste bags to individuals and/or participating sales establishments. Participating sales establishments or shall sell such bags for not more than the price specified by the City Commission.
7.04 Allowable Weight The gross weight of the City solid waste bags when filed with waste, shall not exceed 50 pounds, with the exception being set forth in Section 705 of this ordinance.
7.05 Use of Cart or Receptacle The collector may provide a cart or receptacle which would allow more weight.
8.01 Provision The owner, manager or occupant of a building, house or structure where refuse accumulations shall provide and maintain proper refuse receptacles as defined in sections 804 and 805 of this Chapter, and shall place, or cause to be placed, in such receptacles all refuse accumulating on the premises, provided that bulk rubbish may be stored in a condition properly prepared for collection as specified in this Chapter.
8.02 Residential and Small Commercial The person in charge of every single-family or two-family building or small commercial establishment where refuse accumulates shall provide and keep clean and in place proper receptacle to house their bagged waste.
8.03 Commercial, Industrial and Multiple Residential The person in charge of a building consisting of three or more dwelling units, and every building used or a commercial or industrial business, shall provide and keep clean and in place proper receptacle of a portable type as defined in section 804 of this Chapter provided that were City determines that portable receptacles are not practical for multiple dwellings, commercial or industrial businesses. It may authorize the use of no-portable receptacles of a type that can be mechanically hoisted by a refuse collection vehicle, and with specifications established and approved by the City and as defined in Section 805 of this Chapter. All such receptacles for commercial or industrial businesses shall be placed upon the facility owned by the commercial or industrial business and not upon the City owned property without permission of the City.
8.04 Portable Receptacles Portable receptacles for residential refuse shall be metal, fiberglass, plastic or other substantial construction approved by the City. Such receptacles shall have handles or balls and tight fitting covers and shall not exceed 96 gallons each in capacity. The City may approve the use of plastic bags of a capacity and qualify specified by him for the storage and disposal of solid and/or yard waste. In no event shall the gross weight of receptacles, and the waste they contain, exceed 50 pounds.
8.05 Non-Portable Receptacles non-portable receptacles for solid waste shall be of substantial construction, and built of similar material used on the residence, with the capacity of not more than eight cubic yards, and shall meet all specifications established by the City on the basis of the requirements of the solid waste collection equipment being used by the City or a permitted collector, and the necessities of health and safety. All garbage shall be properly wrapped or placed within a closed plastic bag before it is placed in a non-portable receptacle.
8.06 Non-Conforming Receptacles Receptacles that are badly broken or otherwise fail to meet the requirements of this Chapter may be classified as rubbish and, after due notice to the owner, may be collected as rubbish by the collection contractor.
8.07 Location All non-portable receptacles shall be placed and collected in the location designated by the City. Such receptacles shall be locate4d so that the permitted collectors will not have to trespass on private in order to pick up such receptacles. In no event shall non-portable receptacles be placed in or upon public property, easements, or public right-of-ways. All portable receptacles shall be stored within the side or rear of yards of the premises, and shall not be set out for collection prior to 12:00 noon preceding the day of collection, and after the receptacles are emptied they shall be returned to their place of storage in the same day collections are made. Points of collection shall be determined by the City. No empty portable receptacles shall be stored on City property or in a front yard.
Materials Property of the City
9.01 Grant of Exclusive Franchise This Ordinance grants an exclusive, revocable franchise to_________________, its successors and assigns, giving it the right, power and authority for garbage and trash collected from residences and rental units within the City of Stanton, Montcalm County, Michigan for a period of_____________years.
9.02 Renewal of Franchise This Ordinance and franchise, or renewal of any franchise or extension thereof or amendment thereto, is subject to revocation at the will of the City Commission.
9.03 Material Collection Permit It shall be unlawful for any person to engage in the business or practice of collection or disposing of residential solid waste, leaves, yard waste or recyclable materials without first obtaining a material collection permit in the manner outlined in this Chapter.
9.04 Material Collection Permit Application Requirements No material collection permit shall be issued, except upon application to the City Clerk. At a minimum, the application must include the following information when appropriate:
- A description of the methods and equipment which the applicant proposes to use for collecting solid waste, leaves, yard waste, household hazardous waste and/or recycling material in the City.
- A description of the type of collection provided, and the part of the City which such collection will effect.
- A plan for meeting the pre-collection requirements set forth in this Chapter.
- Proof of liability insurance as required by City policy.
- A plan for meeting all collection and disposal requirements set forth in other relevant city, county, state and federal regulations, as appropriate.
- The name and address of the sites to be used to dispose of each material collected.
- Proof of access to and use of an adequate and approvable materials recovery facility, composting facility or permitted disposal.
- Such other facts as the City may from time to time require for the purposes of determining whether the applicant complies with all laws, rules and regulations established by the City, state or federal government in regards to waste handling and/or disposal.
9.05 Submission and Approval of Applications The City Clerk shall submit all permit applications to the designated City official who may approve such applications as deemed to be in the interest of the City and its inhabitants.
9.06 Establishment of Permit Fees The City Commission may establish by resolution a permit fee to be paid by the applicant upon receipt of the material collection period.
9.07 Insurance of Permit Whenever an application made under this Chapter has been approved by the designated City official, the City Clerk, upon payment of any established fee by the applicant shall issue a material collection permit.
9.08 Expiration of Permits Unless revoked under circumstances provided in this Chapter, every material permit shall expire on the next succeeding January 1st following its issuance or successful completion of a bid.
9.09 Restriction of Number of Permits The City may restrict the number of material collection permits issued and the scope of service of such permits based on the:
- Geographic area to be served
- Population sector to be served, such as single-family residential, multiple residential or commercial
- Type of material to be collected
- Points of collection, such as the curb, alley or other location; and/or
- Schedule of such collections
9.10 Scope of Permit A material collection permit may be used only for the scope of services expressly stated in the permit.
9.11 Revocation of Permits A material collection permit issued under this Chapter may be revoked if:
- Any part of this Chapter, or other relevant City, County, State or Federal regulations is violated.
- The terms of the permit are violated.
9.12 Specified Terms of Permit No permitted collector shall dispose of solid waste, leaves, yard waste, household hazardous waste and/or recyclable materials at sites other than those specified in the terms of the collector’s material collection permit.
9.13 Bond Permitted collectors shall provide a bind in the amount as adopted by resolution of the City Commission from time to time for damage to public or private property while collection, transporting or disposing of the solid waste or recyclable material.
9.14 Inspections Each unit of transportation and each permitted collector provided receptacle may be inspected in accordance with the procedure established by the City to determine that the permitted contractor has in operation only units and receptacles which are proper, hygienic and not contributory to litter.
Transportation of Waste Materials
10.1 Mode of Transportation The transportation of all garbage, offal or rubbish or other waste materials through the streets, alleys or thoroughfares of the City shall be conducted in a manner which does not create a nuisance. It shall be unlawful for any person to transport, cart, carry or convey through or over any of the streets, alleys or public places of the City any unwanted garbage, fuse, or food containers without written consent of the City. Whenever such permission is granted, the vehicle used for such purposes shall be watertight and provided with suitable covering. It shall be unlawful for any person to transport or otherwise convey through or over any street or public places of the City any rubbish or other waste material, except under written regulations or with the written consent of the City, except rubbish or waste material accumulating on property owned or controlled by him, and then only by approved methods of conveyance.
10.2 Conveyance Vehicles Vehicles conveying waste must be of such construction and operated in such a manner that the contents shall not spill upon the public streets or alleys, into the air, or otherwise create a nuisance.
Authority, Costs, Notice to Remove
12.01 Prohibited Waste It shall be unlawful for any person to place any material in a container or receptacle which might endanger the collection personnel, or to deposit or deliver to a deposit site any hazardous material, waste materials which would be detrimental to the normal operation of collection, incineration, recycling or disposal, such gaseous, solid or liquid poison, dead animals, ammunition, explosives, flammable liquid, undrained garbage of a liquid or semi-liquid nature, whether in containers or not, concrete, dirt, automobile or equipment parts, or any material that possesses heat sufficient to ignite any other collected materials. No motor vehicles shall be dumped or abandoned at any disposal site.
12.02 Prohibited Placement It shall be unlawful for any person to place leaves, yard waste, household hazardous waste specifically required to be separated from solid waste by this Chapter or City Commission resolution, in a refuse container for the purpose of refuse collection, removal or disposal, not otherwise dispose of such item, except in conformance with the provisions of this Chapter.
12.03 Use By Nonresidents The City solid waste disposal and resource recovery program is designated to accommodate the needs of residents of the City. Nonresidents are strictly prohibited from disposing of solid waste through the program. All violators will be prosecuted to the fullest extent allowed by law and/or provision of this Chapter.
Private Collection and Transfer Site; Unauthorized Dumping
13.01 Allowable Private Collection The City, with the approval of the City Commission, is authorized to permit the use of private property within the City as a private collection and transfer site subject to such reasonable terms and regulations as deemed necessary for the protection of the public, which rules and regulations shall at all times be subject to revision, cancellation, alteration or amendment by City Commission; provided, however, that any such permit shall be revocable at any time without cause and without previous cause and without previous notice by the City or the City Commission.
13.02 Unlawful Dumping It shall be unlawful for any person to dump or deposit any waste or recyclable material in the City, except in a collection and transfer site duly designated as such by the City and/or City Commission.
Enforcement of this Ordinance shall be the responsibility of the City and/or designee. The City is authorized and directed to establish and promulgate reasonable regulations as to the matter, days and times for the collection of waste or recyclable material with a permitted collector. The City Commissioner may, by majority vote, change, modify, repeal or amend any portion of this Ordinance. Designated City Officials charged with the enforcement of this Ordinance may be authorized to issue tickets for violations relative to any part of this Ordinance.
A violation of this Ordinance is a municipal civil infraction.
Each and every day of violation of this Ordinance shall be a civil fine of not less than $50.00 or more than $500.00 plus cost and other sanctions for infraction.
Increased civil fines may be imposed for repeated violations of any requirements or provisions of this Ordinance. As used in the Section, “Repeat Offense” means a second (or any subsequent) civil infraction violation of the same requirements or provisions (1) committed within any 6-month period or is determined to be responsible. Unless otherwise specifically provided by this Ordinance for a particular municipal civil infraction violation, the increase fine for a repeat offense shall be as follows:
- The tine for any offense which is a first repeat offense shall be no less than $250.00 plus costs
- The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00 plus costs
In addition to civil fines the Court may determine costs of the action, which shall not be limited to the cost taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the Plaintiff has been put in connection with the civil infraction up to the entry of the Judgment.
In addition to any remedies available at law, the City may bring an action for an injunction or other process to restrain, proven or abate any violation of this Ordinance.
Rules and Regulations
The City shall promulgate rules and regulations to carry out the provisions of this Ordinance.
If any chapter, section, subsections, paragraph, sentence, clause, phrase or portion of this Revised Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof.
This Ordinance shall become effective 30 days after its publication of a summary of its provisions in the Daily News
A summary of the Revised Ordinance was published in the Daily News on__________ pursuant to the Charter of the City of Stanton, with copies being available at City Hall.
ORDINANCE NO. 209-06 – VIOLATIONS
An Ordinance to Establish General Penalties
And Sanctions for Violations of the City Ordinances
- Unless a violation of an ordinance of the City of Stanton is designated in the ordinance as a municipal civil infraction, then it shall be deemed to be a criminal misdemeanor.
- The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus cost of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by the ordinance involved.
ORDINANCE NO. 212 – ADULT BOOKSTORES/THEATERS/RETAIL STORES
An Ordinance regulating Ownership, operation, maintenance and advertising Adult Bookstores, Adult Theaters, Adult Retail Stores and Cabarets in the City of Stanton.
As used in this chapter, unless the context clearly indicates a different meaning:
- “Adult bookstore” means an establishment wherein more than twenty percent of its stock in trade is comprised of books, magazines and other periodicals having as their dominant theme, matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter, or an establishment with a segment or section devoted to the sale or display of such material.
- “Adult theater” means an enclosed building used for live performances or presenting material by means of motion pictures, video tapes or receivers, photographic slides or other similar means of projections or display, which performances or material is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter, for observation by patrons therein.
- “Adult Retail Store” An establishment which has items used or advertised as sexually explicit entertainment, gimmicks, novelties, paraphernalia, any sexually explicit matter or any combination there of. Sexually explicit matter is defined as any sexually explicit verbal material sexually explicit visual material or sexually explicit performance.
- “Cabaret” means any place wherein food or any type of alcoholic beverage is sold or given away on the premises, the operator of which place holds a yearly license to sell such beverages by the glass.
- “Specified anatomical areas” means:
- Less than completely and opaquely covered human genitals or human pubic region, buttock or female breast below a point immediately above the top of the areola, and
- Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
- “Specified sexual activities” means:
- Human genitals in a state of sexual stimulation or arousal;
- Acts of human masturbation, sexual intercourse or sodomy; and
- Fondling or other erotic touching of human genitals or human pubic region buttock or female breast.
OWNERSHIP, OPERATION, MAINTENANCE AND ADVERTISING RESTRICTIONS.
- No person shall, within 1,500 feet of a residential district, school, licensed daycare facility, church, adult foster home or place of worship in the City, own, operated or maintain, or permit to be owned, operated or maintained, an adult bookstore, adult retail store or adult theater, as defined in this chapter.
- No person owning, operating, managing or employed by or within a cabaret shall dance, perform or serve food, beverages or alcoholic beverages while displaying or allowing to be visible specified anatomical areas, as defined in this chapter, or allow any other person to do so.
- No person owning, operating, managing or employed by or within a cabaret shall by means of dancing , act or otherwise move about, perform specified sexual activities, as defined in this chapter, or allow any other person to do so.
- No person owning, operating, managing or employed by or within a cabaret shall have, own or possess within said cabaret any type of radio receiver equipment containing police radio frequency bands or capable of receiving police radio communications, or allow any other person to do so.
- No person owning a business, or his or her agent or employee, shall knowingly permit any exhibition or advertising, in connection with any establishment prohibited under this section, to be displayed in any manner which is visible from any public street or highway, which exhibition or advertising depicts, describes relates to specified sexual activities or specified anatomical areas, as defined in this chapter.
Any individual, company, firm, partnership, limited liability company, association, society, corporation or group or agent there of, who violates any provision of this Ordinance shall be guilty of a misdemeanor and upon a conviction thereof, shall be punished by a fine not to exceed $500.00 or confinement in the County jail for a period not to exceed 90 days, either or both, and at the discretion of the Court, together with costs of prosecution. Each day that a violation of the Ordinance is continued or permitted to exist with out compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section, provided no person shall be imprisoned for a single but continuing violation of this Ordinance for a period longer than 90 days.
In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this ordinance.
Any ordinance or parts of ordinances in conflict herewith are hereby repealed to the extent necessary to give this Ordinance full force and effect.
VALIDITIY AND SEVERABILITY.
Should any portion of this Ordinance be found invalid for any reason, such holding shall not be construed as effecting the validity of the remaining portions of this Ordinance.
This Ordinance shall take effect on the 18th day of December 2006.
ORDINANCE NO. 2011-218 – OFFICE OF CITY MANAGER
Section 1: Establishment of Office: In accordance with the authority granted to the City Commission by Chapter 5, Section 5.18 of the City of Stanton Charter and pursuant to Act No. 278 of the Public Acts of 1909, as amended, there is hereby established the administrative office of City Manager.
Section 2: Employment of City Manager: The Commission may, with the concurrence of four or more Commissioners, appoint a City Manager. The Commission may by contract enter into such terms and conditions as the Manger and Commission may by contract enter into such terms and conditions as the Manger and Commission deem appropriate consistent with State law, the City Charter and this Ordinance. The City Manager must serve at the pleasure of the Commission and may be removed with or without cause with the concurrence of four or more Commissioners, but only after an informal hearing before the Commission. The action of the Commission in removing the City Manager shall be final. The Mayor may, for cause identified in writing, suspend the City Manager until an informal hearing is provided before the Commission.
Section 3: Acting City Manager: The Mayor, with the concurrence of four or more Commissioners, may appoint an acting Manager in the event of a vacancy in the office of City Manager. An acting Manager may serve not more than 180 days from the effective date of such vacancy.
Section4: Compensation: The City Manager shall receive such compensation and benefits as the Commission shall determine by contract.
Section 5: Duties of City Manager: The City Manager shall be the chief administrative officer of the City, and shall be responsible to the City Commission for the efficient administration of all City affairs and shall exercise management supervision over all City departments and public property to the full extent permitted by law.
Without limitation, the City Manager shall have the following functions and duties:
- Attend all meeting of the City Commission and its committees, with the right to participate but not vote.
- Perform the following roles for the City:
- Act as Zoning Administrator and be responsible for preparing all agenda and related materials for the City Planning Commission and Zoning Board of Appeals meetings.
- Act as the chief ordinance and code enforcement officer.
- Subject to the provisions of the City Charter, be responsible for all City departments including, but not limited to, Police, Public Works and Municipal Services (and successor departments), and coordinate and oversee compliance with legal requirements.
- Act as the Street Administrator for the City and make such appearances before the City Commission, Planning Commission and Zoning Board of Appeals as necessary in this capacity.
- Be responsible for human resource management and enforce personnel rules and policies adopted by the City Commission. Without limitation, the City Manager shall have the following duties:
- To appoint, suspend or remove any appointed administrative officer or department head, subject to the provisions of the City Charter. The City Manager shall recommend to the Commission proposed salaries and wages for appointed administrative officers and department heads.
- To appoint, suspend or remove any employee of the City. All such actions shall be taken pursuant to personnel rules and policies approved by the Commission. The City Manager shall recommend to the Commission proposed salaries and wages for employees.
- Be authorized to attend all meetings of City boards, committees and commissions, with the right to take part therein but without a vote unless otherwise provided by law.
- Prepare and administer the budget as the City’s chief administrative officer consistent with the Uniform Budgeting and Accounting Act, Act No. 2 of the Public Acts of 1968, as amended.
- Investigate all complaints concerning the administration of the City, and have authority at all times to inspect the books, records and papers of any appointed agent, employee or officer of the City.
- Make recommendations to the Commission for the adoption of such measures as may be deemed necessary or expedient.
- Perform other actions and undertake other duties as directed from time to time by the City Commission or as provided by City Charter provision.
Section 6: Purchasing Responsibilities: The City Manager shall act as purchasing agent for all City offices and departments. The City Manager may delegate some or all of the duties as purchasing agent to another officer or employee provided that such delegation shall not relieve the City Manager of responsibility for the proper conduct of those duties.
Section 7: Joint Service of City Manager: With the approval of the City Commission, the City Manager may concurrently serve as the manager or in another position for another government unit. The City Commission may also contract with another governmental unit to enable the City Manager to provide services to that other unit.
Section 8: Severability: If any portion of this Ordinance or the application thereof to any person or circumstance shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or application, provided that such remaining portions or applications are not determined by said court to be inoperable, and to this end, this Ordinance is declared to be severable.
Section 9: Headings: The headings and subheadings contained herein are for convenience only and shall not be relied upon to interpret this Ordinance.
Section 10: Effective Date: This Ordinance shall become effective in accordance with state law.
ORDINANCE NO. 220 – PLANNING COMMISSION, as amended
CITY OF STANTON
Section 1 Establishment & Purpose
Section 2 Membership & Terms of Office
Section 3 Compensation
Section 4 Organizational Requirements
Section 5 Duties
Section 6 Training
Section 7 Approval, Ratification, and Reconfirmation
Section 8 Severability
Section 9 Conflict
Section 10 Effective Date
SECTION 1. ESTABLISHMENT & PURPOSE
In accordance with the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, the City Commission hereby reestablishes and confirms the Planning Commission for the City of Stanton with the powers, duties, and provisions included in this Ordinance and also as provided for by statute.
The City of Stanton Planning Commission currently existing shall continue to serve in its official role subject to the provisions of this Ordinance and the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, and shall also act as the Zoning Commission for the City of Stanton, as provided for under the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.
All official actions taken by all City of Stanton Planning Commissions preceding the Commission created by this Ordinance are hereby approved, ratified and reconfirmed. Any project, review, or process taking place at the time of the effective date of this Ordinance shall continue with the Commission created by this Ordinance, subject to the requirements of this Ordinance, and shall be deemed a continuation of any previous City of Stanton Planning Commission. This Ordinance shall be in full force and effect from and after its adoption and publication.
SECTION 2. MEMBERSHIP & TERMS OF OFFICE
- The Planning Commission for the City of Stanton shall be comprised of nine members.
- One of the members of the Planning Commission shall also be a member of the City Commission serving in an ex-offico This member shall be appointed by resolution of the City Commission and shall serve on the Planning Commission for the duration of the period of time set forth by the appointing resolution (but no longer than that person’s tenure on the City Commission).
- Two other members shall be ex-officio members: The City Mayor and the chief administrative official or a person designated by him or her.
- All other Members of the Commission shall be residents of the City except one member may be a person who lives outside the boundaries of the City but who owns property or operates a business within the City or otherwise has a vested interest in the City.
- The membership of the Planning Commission shall, to the extent that is practical, be representative of important segments of the City such as the economic, governmental, educational, and social development of the City, in accordance with the major interests as they exist in the City such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership of the Planning Commission shall also, to the extent that it is practical, be representative of the entire geography of the City.
- The authority to appoint members of the Planning Commission shall be vested in the affirmative vote of a majority of the City Commission after a nomination has been made by the City Mayor.
- After an individual’s first appointment and before reappointment he/she shall have attended training for Commission members, pursuant to section 6 of this ordinance.
- One member of the Planning Commission that is an elector of the City of Stanton shall annually be appointed by the City Commission to also be a member of the Zoning Board of Appeals.
- With the exception of the ex-offico members of the Planning Commission and the member of the Planning Commission serving on the Zoning Board of Appeals, no member of the Planning Commission shall hold any other board or committee position with the City of Stanton, and no member of the Planning Commission may be employed by the City of Stanton at any time during his or her term of office.
- With the exception of the ex-offico members of the Planning Commission, the term of office for all other members of the Planning Commission shall be for three years. Terms shall take effect on July 1st. In the event that a term of office for a member of the Planning Commission expires and the City Commission has not appointed a successor, that member shall continue until a successor is appointed.
- A member of the Planning Commission may be removed from the membership of the Planning Commission for malfeasance, misfeasance, or nonfeasance in office only upon the recommendation of the City Mayor and by majority vote of the City Commission, after a public hearing has been held.
- Any member of the Planning Commission who is absent without being excused by the affirmative vote of the Planning Commission for three consecutive meetings, or a total of 30% of the regular meetings of the Planning Commission during a twelve-month period, shall be deemed to have vacated his or her membership on the Planning Commission.
- Members of the Planning Commission shall have a duty to vote on all items of business considered by the Planning Commission except for those items of business where a member has been excused for having a conflict of interest. If a member of the Planning Commission feels that he or she may have a conflict of interest on any particular item of business, that member shall publicly state the reason for the conflict and request to be excluded from action and/or discussion for that particular item of business by a majority vote of the remaining members of the Planning Commission.
- A conflict of interest shall include:
- The Planning Commission member or an immediate family member is involved in a request for which the Planning Commission is asked to make a decision. “Immediate family member” is defined as the Planning Commission member’s spouse, the member’s or the member’s spouse’s children (including adopted) and their spouses, grandchildren and their spouses, parents and step-parents, brothers and sisters and their spouses, grandparents, parent’s in-law, grandparents in-law, or any person residing in the Planning Commission member’s household.
- The Planning Commission member has a business or financial interest in the property that is the subject of the request or has a business or financial interest in the applicant’s company, agency or association.
- The Planning Commission member owns or has a financial interest in any property immediately adjoining the property involved in the request.
- There is a reasonable appearance of a conflict of interest, as determined by the Planning Commission member declaring such conflict or by the remaining members of the Planning Commission.
SECTION 3. COMPENSATION
The City Commission may provide for the rate and frequency of compensation for all members of the Planning Commission.
SECTION 4. ORGANIZATIONAL REQUIREMENTS
- The Planning Commission shall adopt bylaws that cover such routine duties including, but not limited to:
- Election and duties of The establishment, purpose, and creation of ad-hoc and subcommittees. The members of such committees do not need to be members of the Planning Commission.
- Parliamentary procedure at meetings and public hearings.
- The ability to call special meetings.
- The Planning Commission shall annually elect from its members a Chairman, a Secretary, and a Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall have the authority to conduct meetings of the Planning Commission and sign documents pertaining to the Planning Commission such as, but not limited to, site plans and zoning maps.
- The Planning Commission shall also appoint a Recording Secretary who may be either the Secretary of the Planning Commission or an employee of the City of Stanton.
- The Planning Commission shall, at a minimum, meet at least four (4) times annually to conduct business.
SECTION 5. DUTIES
- To prepare an annual report to the City Commission that highlights the Planning Commission’s operations, the status of planning activity, goals and other information that the Planning Commission deems appropriate.
- To prepare and recommend to the City Commission for approval a Master Plan for the development of the City of Stanton, and to review and potentially update such plan at least once every five years.
- To make recommendations to the City Commission on all proposed zoning ordinances and zoning matters.
- To review and approve any of the following capital improvement projects in an area of the City covered by the Master Plan; the creation of, or widening of, any public street; the construction or authorization of any new public building or structure; the creation or expansion of any public park or open space.
- If the Planning Commission does not act upon a proposed capital improvement project as outlined in subsection D above, within sixty (60) days, the proposed project will be deemed to have been approved.
- If the Planning Commission does not approve a capital improvement project as outlined in subsection D above, the City Commission, or other public body that has financing authority over such project, may overrule the Planning Commission upon a 2/3 vote of the members of the City Commission or other such body with financing authority.
- Review and make a recommendation for approval, modification, or disapproval of proposed plats.
- Approve or disapprove site plans as provided for in the Zoning Ordinance or Code of the City of Stanton.
- Approve, approve with conditions, or disapprove of special land use applications.
- Recommend to the City Commission fees and charges to cover City expenses to applicants for various planning and zoning applications.
- Other duties and functions as may be specifically prescribed by statute, City Charter, ordinance, or resolution.
SECTION 6. TRAINING
Appointed members of the Commission shall attend educational programs designed for training members of Michigan planning commissions if the adopted Stanton City Commission budget for that fiscal year includes funds to pay for tuition, registration, and travel expense for the training. Nothing in this paragraph shall deem a member who has not had training from finishing his or her term of office unless the member resigns or is removed by action of the Mayor and Stanton City Commission. The member shall be ineligible for reappointment at the conclusion of the term of office if they did not attend training. The Commission shall include in its Bylaws what training programs qualify to meet this requirement.
SECTION 7. APPROVAL, RATIFICATION, AND RECONFIRMATION
The City Commission hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards, zoning commissions, or planning commissions by the former Michigan zoning enabling statutes, Public Act No. 110 of 2006, MCL 125.3101 et seq. and other applicable zoning or planning statutes to the City of Stanton Planning Commission as that body was established decades ago. All official actions taken by all City of Stanton Planning Commissions preceding the effective date of this Ordinance are hereby approved, ratified, and reconfirmed. Any project, review, or process taking place at the effective date of this Ordinance shall continue with the Planning Commission confirmed and created by this Ordinance, subject to the requirements of this Ordinance, and shall be deemed a continuation of any previous City of Stanton Planning Commission.
SECTION 8. SEVERABILITY
If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this Ordinance, and such holding shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect.
SECTION 9. CONFLICT
All ordinances or parts of ordinances in conflict herewith are hereby deemed repealed, but only to the extent necessary to give this Ordinance full force and effect.
SECTION 10. EFFECTIVE DATE
This Ordinance will become effective upon the expiration of ten (10) days after publication.