Nuisance

 

ORDINANCE NO. 4 – BREACHES OF THE PEACE

CITY OF STANTON, MICHIGAN
effective date June 10, 1885

An Ordinance relative to Breaches of the Peace.

THE CITY OF STANTON ORDAINS AS FOLLOWS:

Sec. 1. BREACH OF THE PEACE; FIGHTING.

That if any person shall be engaged in or aid or abet in any fight, quarrel or other disturbance in the City of Stanton he shall be deemed to have committed a breach of the peace.

Sec. 2. INDECENT; BOISTEROUS; DRUNKARDS; PROSTITUTES; ETC., NOT PERMITTED.

That no person shall permit any indecent, loud or boisterous noise or any fighting quarreling or disturbance in or about his or her house, hotel, saloon, cellar, shop, store, office or other residence or place of business nor permit persons to congregate therein to the annoyance or disturbance of citizens or others or permit drunkards, intoxicated persons, tipplers, gamblers, persons having the reputation or name of being prostitutes or other disorderly persons to congregate, assemble, visit or remain therein.

Sec. 3. VIOLATIONS AND PENALTIES.

Any person or person who shall violate any of the provisions or requirements of this Ordinance on conviction thereof shall be punished by a fine of not less than five dollars no more than fifty dollars and the costs of prosecution or by imprisonment in the Common Jail of the County of Montcalm not less than five days and not exceeding ninety days or by both such fine and imprisonment in the discretion of the Court.

Sec. 4. CONVICTION; DEFAULT; ADDITIONAL PUNISHMENT.

Whenever any person shall be convicted of the violation of any of the provisions or requirements of this Ordinance the Court shall render judgement thereon and inflict such punishment either by fine or imprisonment or both as the nature of the case may require together with such costs of prosecution as the Court shall order but such punishment shall in no case exceed the limit fixed by this Ordinance for the offense charged. And in rendering such judgement and inflicting such punishment the Court may award against such offender a conditional sentence and order such offender to pay a fine with the expressed in the sentence and in default thereof to suffer such imprisonment as is provided by this Ordinance and awarded by the Court.

Sec. 5. REPEAL CLAUSE.

All Ordinances and parts of Ordinance contravening any of the provisions or requirements of this Ordinance are hereby repealed.

Sec. 6. EFFECTIVE DATE.

This ordinance shall take effect on the tenth day of June in the year One Thousand Eight Hundred and Eighty-five.


ORDINANCE NO. 78 – NUISANCES

CITY OF STANTON, MICHIGAN
effective date April 24, 1938

AN ORDINANCE PROVIDING PUNISHMENT FOR THE COMMISSION OF CERTAIN NUISANCES, THEREIN DEFINED.

THE CITY OF STANTON ORDAINS:

Sec. 1. NUISANCES DEFINED; DESCRIBED.

From and after the effective date of this Ordinance it shall be unlawful for any person to throw, place or deposit any paper, lime, ashes, slops, dirt, refuse matter or any rubbish of any description or any unwholesome or offensive substance whatever, into any street, alley, sidewalk or crosswalk within the City of Stanton; and it shall be unlawful for any person to suffer or permit any stagnant or filthy water, putrid or unwholesome matter or decayed fruit or vegetables or any other filthy or unwholesome or offensive substance to remain on any lot or premises within the City of Stanton, owned or occupied by him or her, or in any house, cellar or other building owned or occupied by him or her, any offensive privy, pig sty or manure; and it shall be unlawful for any person to put, deposit or keep any dead animal or any putrid meat, fish or entrails or any other unwholesome or offensive substance to remain on any premises owned or occupied by him or her or under his or her control unless he or she shall bury the same to a depth of at least three feet (3’) below the ground and cover the same with at least three feet (3’) of earth; and it shall be unlawful for any person to allow any dog owned by hum or her or under his or her custody or control to habitually and annoyingly bark or howl in said City; it shall be unlawful for any person to skin any skunk in said City or to keep or maintain in said City in any lot or building owned or occupied by him or her any untanned animal hides; and it shall be unlawful for any person to maintain within the said City on any lot or premises owned or controlled by him or her, any unsightly objects including articles commonly known as junk and including old automobile bodies and parts of old automobiles which have been partly or fully dismantled or disassembled, unless such a person shall erect a fence about said lot or premises so that such objects are obscured from view by persons on the streets, sidewalks or alleys of said City. Any person who shall commit any of the acts hereinbefore made unlawful, shall be deemed to have committed a nuisance.

Sec. 2. CITY MARSHALL; DUTY UPON REPORT OF VIOLATION.

Any person who is annoyed by any violation of Section one (1) hereof may report such violation to the City Marshall whereupon it shall be the duty of said City Marshall to notify the violator and in the event the violator fails to cease such violation or resumes such violation after having once ceased, it shall be the duty of the City having once ceased, it shall be the duty of the City Marshall to prosecute such violator under this Ordinance.

Sec 3. VIOLATIONS AND PENALTIES.

Any person violating any of the terms or provisions of this Ordinance shall be punished by a fine not to exceed One Hundred Dollars ($100.00) or by imprisonment in the County Jail not to exceed ninety (90) days or both such fine and imprisonment within the discretion of the Court, and by being assessed the costs of his prosecution. Any person who shall commit any nuisance, as herein defined, or any person who shall commit any nuisance, as herein defined, or nay person who shall be found guilty of any act or omission herein made unlawful, shall be punished by a fine not to exceed One Hundred Dollars ($100.00) or by imprisonment within te discretion of the Court, and by being required to pay the costs of his or her prosecution.

Sec. 4. COMPLAINT; PROSECUTION; COURT.

Prosecutions for violation of any terms or provisions of this Ordinance may be had before any Justice of the Peace* in the City of Stanton, upon complaint of the City Marshall or upon the complaint of any other person.

Sec. 5. VALIDITY OF ORDINANCE.

Should any word, sentence, phrase or portion of this Ordinance be held invalid, the remainder of this Ordinance shall still remain in full force and effect, it being the legislative intent that this Ordinance shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so declared to be invalid.

Sec. 6. EFFECTIVE DATE.

This Ordinance shall take effect on the 24th day of April, 1938.

*OFFICE OF JUSTICE OF THE PEACE ABOLISHED DECEMBER 31, 1968.


ORDINANCE NO. 85 – ANIMALS AND FOWLS RUNNING AT LARGE

CITY OF STANTON, MICHIGAN
effective May 27, 1943

AN ORDINANCE TO RESTRAIN AND PREVENT HORSES, CATTLE, SWINE, SHEEP, GOATS, DOGS, RABBITS, POULTRY, AND ALL DOMESTIC FOWLS FORM BEING RUNNING AT LARGE AT ANY TIME WITHIN THE CORPORATE LIMITS OF THE CITY OF STANTON.

THE CITY OF STANTON ORDAINS:

Sec. 1. RUNNING AT LARGE; ANIMALS AND FOWLS DEFINED.

No horses, cattle, swine, sheep, goats, dogs, rabbits, poultry and domestic fowls of all kinds shall run or be permitted to run or be at large anywhere at any time within the corporate limits of the City of Stanton, and such horses, cattle, swine, sheep, goats, dogs, rabbits, poultry and domestic fowls shall at all times be kept in a pen or yard, or kept on the premises where such horses, cattle, swine, sheep, goats, dogs, rabbits, poultry and domestic fowls are kept and owned.

Sec. 2. VIOLATIONS SUBJEC TO ARREST AND CONVICTION.

Any person or persons who shall turn loose to run at large, or shall suffer or permit any horses, cattle, swine, sheep, goats, rabbits, poultry and domestic fowls of any kind to be or to run at large contrary to the provisions of this Ordinance, shall upon conviction thereof, be punished as provided in Section 3 of this Ordinance.

Sec. 3. VIOLATIONS AND PENALTIES.

Any person or persons who shall violate any of the provisions or requirements of this Ordinance shall be deemed guilty of the violation of this Ordinance, and on conviction thereof, shall be punished by a fine not exceeding ten dollars and the costs of prosecution , or by imprisonment in the County Jail of the County of Montcalm, in the State of Michigan, for a period not exceeding ten days, or by both such fine and imprisonment, in the discretion of the Court.

Sec. 4. MANDATED LIMITS FOR COURT; PRISON FOR DEFAULT OF FINE.

Whenever any person shall be convicted of the violation of any of the provisions of this Ordinance, the court shall render judgement thereon and inflict such punishment, either by fine or imprisonment, or both, as the nature of the case may require, together with such punishment shall in no case exceed the limit fixed by this Ordinance for the offense charged, and in rendering such judgement and inflicting such punishment, the Court may award against the offender a conditional sentence and order such offender to pay a fine with the costs of prosecution within a limited time, to be expressed in the sentence, and in default thereof, to suffer such imprisonment as is provided by this Ordinance, and awarded by the Court.

Sec. 5. REPEAL CLAUSE.

All former Ordinances and parts or Ordinances in anywise contradicting the provisions of this Ordinance are hereby repealed.

Sec. 6. EFFECTIVE DATE.

This Ordinance shall take effect and be in force on and after the 27th day of May, A.D. 1943, at the hour of twelve o’clock noon.


ORDINANCE NO. 113 – NOISE

CITY OF STANTON, MICHIGAN
effective October 7, 1965

AN ORDINANCE TO PROHIBIT UNNECESSARY OR UNUSAL NOISES WITHIN THE CITY OF STANTON.

Sec. 1. UNNECESSARY NOISES PROHIBITED.

It shall be unlawful for any person, firm or corporation to create, assist in creating, permit, continue or permit the continuance of any unreasonable, loud, disturbing or unnecessary noises in the City of Stanton.

Sec. 2. DEVICE OR INSTRUMENT; NOISE; UNLAWFUL.

It shall be unlawful for any person or firm to operate or maintain any radio, phonograph, player-piano, calliope, or other noise making, noise amplifying or noise-producing instrument or device in any public or private place in such a manner by which the peace and good order of the neighborhood is disturbed.

Sec. 3. VEHICLES NOISES.

It shall be unlawful for any person in charge or control of any vehicle to make with such vehicle or any device connected therewith any noise so excessive as to annoy the public or to unnecessarily race his motor while running in idle, or to open the muffler of any vehicle or to permit such vehicle or any device thereon to emit an unnecessary quantity of smoke, obnoxious gases or vapors.

Sec. 4. REPEAL CLAUSE.

All other ordinances or sections thereof inconsistent with the provisions of this Ordinance are, to the extent of such inconsistency, hereby repealed.

Sec. 5. VIOLATIONS AND PENALTIES.

Any person or persons violating the provisions of this Ordinance shall, upon conviction thereof be punished by a fine not exceeding One Hundred ($100.00) Dollars and 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 trying the offender.

Sec. 6. EFFECTIVE DATE.

Pass and approved by the City Council this 7th day of October 1965.


ORDINANCE NO. 189 – CURFEW; MINORS

CITY OF STANTON, MICHIGAN
effective October 5, 1992

AN ORDINANCE RELATIVE TO THE CURFEW OF MINORS UNDER THE AGE OF SEVENTEEN; TO PROVIDE PENALTIES FOR ORDINANCE VIOLATIONS; AND TO REPEAL ORDINANCE NO. 131 OF 1973.

THE CITY OF STANTON ORDAINS:

Sec. 1. MINORS UNDER 17; RESTRICTIONS 10:00P.M. – 6:00A.M., FROM NOVEMBER 1ST TO MARCH 31ST.

No minor under the age of seventeen (17) years shall loiter, idle or congregate in or on any public street, highway, alley, park or private property open to the public between the hours of 10:00p.m. and 6:00a.m., except when the minor is accompanied by a parent or guardian or when the minor is on an errand or other legitimate business directed by his parent or guardian. Effective from November 1st to March 31st.

Sec.2. MINORS UNDER 17; RESTRICTIONS; 11:00P.M. – 6:00A.M., FROM APRIL 1ST TO OCTOBER 31ST.

No minor under the age of seventeen (17) years shall loiter, idle or congregate in or on any public street, highway, alley, park or private property open to the public between the hours of 11:00p.m. and 6:00a.m., except when the minor is accompanied by a parent or guardian or when the minor is on an errand or other legitimate business directed by his parent or guardian. Effective from April 1st to October 31st.

Sec. 3. VIOLATIONS AND PENALTIES.

Any person who shall be convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine of not more than $100.00 or imprisonment of not more than ninety (90) days or by both such fine and imprisonment.

Sec. 4. REPEAL CLAUSE.

Ordinance No. 131 of August 23, 1973 is hereby repealed.

Sec. 5. EFFECTIVE DATE.

This Ordinance shall take effect and be enforced from and after the fifth (5th) day of October, 1992.


ORDINANCE NO. 143 – LOITERING

CITY OF STANTON, MICHIGAN
effective May 13, 1982

AN ORDINANCE REPEALING ORDINANCE NUMBER 132 AND TO PROHIBIT LOITERING WITHIN THE CITY OF STANTON.

THE CITY OF STANTON ORDAINS:

Section 1. Repeal.

The prior loitering ordinance, Ordinance Number 132, is hereby repealed.

Section 2. Definitions.

Loitering shall mean lingering, idling, delaying, or loafing in or about any street, sidewalk, or public place, or private property open to the public so as to hinder or impede or tend to hinder or impede passage of pedestrians or vehicles.

Section 3. Loitering Unlawful.

It shall be unlawful for any person to loiter within the City of Stanton.

Section 4. Parental Responsibility.

It shall be unlawful for any parent, guardian, or other adult person having the custody or control of any person under the age of eighteen to knowingly suffer, permit, or inefficient control, to allow said person to violate Section Three (3) of this Ordinance.

Section 5. Violation and Penalty.

Any person who shall be convicted of a violation of any provisions of this Ordinance shall be punished by a fine of not more than One Hundred Dollars ($100.00) or imprisonment of not more than ninety days or both such fine and imprisonment.

Section 6. Publication, Effective Date.

This Ordinance shall be published in the Reminder News within one week after the date of adoption and shall take effect on the 13th day of May, 1982.


ORDINANCE NO. 165 – LIMITED USE OF GUNS

CITY OF STANTON, MICHIGAN
effective June 10, 1987

AN ORDINANCE LIMITING THE USE OF AIRGUNS, AIRPISTOLS, B.B. GUNS, PELLET GUNS.

THE CITY OF STANTON ORDAINS:

Section 1: It shall be unlawful for any person to discharge any airgun, airpistol, B.B. gun, pellet gun or any instrument producing a like effect and/or noise, within the City limits except in the practice of target shooting.

Section 2: It shall be unlawful for any minor child under the age of seventeen (17) years of age to practice target shooting, unless under the direct supervision by a parent or guardian.

Section 3: It shall be unlawful for any parent or guardian of a minor to knowingly suffer, permit, or by inefficient control, to allow said person to violate section 1 of this ordinance.

Section 4: Any violation of the provisions of this Ordinance shall be a misdemeanor. The punishment upon conviction thereof, shall be a fine of not more than $100.00 or imprisonment for not more than ninety (90) days in the Montcalm County Jail, or by both such fine and imprisonment, in the discretion of the Court.

Section 5: This Ordinance shall take effect at 12:01a.m. on the 10th day of June, A.D., 1987, after publication in the Daily News on the 12th day of May, A.D., 1987.

MADE AND PASSED by the City Council of Stanton, on the 7th day of May, 1987.


ORDINANCE NO. 202 – HUNTING AND DISCHARGE OF FIREARMS PROHIBITED

IT IS UNLAWFUL FOR ANY PERSON TO CARRY, DRAW, HANDLE OR FLOURISH ANY GUN, INCLUDING BB GUNS, PNEUMATIC AIR RIFFLES, SLING SHOTS, AND BOW AND ARROWS IN THE CITY OF STANTON UNLESS SUCH ARTICLE IS UNLOADED AND CASED. IT IS UNLAWFUL TO DISCHARGE FIREARMS OR BOW AND ARROW WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF STANTON OR ANY PROPERTY OWNED BY THE CITY OF STANTON EXCEPT AS FOLLOWS:

  1. When duly authorized in writing by the Council
  2. Permission may be granted by the City to develop a rifle, handgun, black powder gun, bow and arrow or shotgun range in a designated area which would allow for target practice with those weapons.
  3. The discharge of firearms and bows and arrows on private property for the purpose of hunting with the permission of the land owner is permitted from a point of 1122 feet south of Main Street intersecting with the east city limits and the west city limits. It is strictly prohibited to discharge any firearm or bow and arrow within 500 feet of any structure.
  4. When undertaking extermination under the supervision of the Police Department of any bird, animal or reptile which has become a nuisance.
  5. The provision of this chapter do not apply to any peace officer of the state or any subdivision thereof who is on duty or to any members of the Army, Navy, or Marine Corps of the United States or of organizations authorized by law to purchase or receive weapons for the United States or for the state, nor to the National Guard or other duly authorized military organizations when on duty or drill, nor to person licensed to carry a pistol concealed upon his person, issued by this state when the person is employed for the purpose for which the license was granted, nor to the regular and ordinary transportation of firearms as merchandise.

Section 2. VIOLATIONS AND PENALTIES

Any person or person violating the provisions of this ordinance shall be guilty of a misdemeanor.

Adopted March 20, 1997


ORDINANCE NO. 183 – SKATEBOARD & BICYCLES

CITY OF STANTON, MICHIGAN
effective June 28, 1991

An ordinance regulating bicycles, rollerskates, rollerblades, skateboards, scooters, coasters and similar devices within the downtown area of the City of Stanton.

THE CITY OF STANTON ORDAINS:

Section 1. Regulation of bicycles, rollerskates, rollerblades, skateboards, scooters, coasters and similar devices.

  1. No person shall use any bicycle, rollerskates, rollerblades, skateboard, scooter, coaster of similar device on any sidewalk adjacent to Main Street between the Western-most intersection of M-66 and Main Street and the intersection of McPherson Street and Main Street; Court Street between Walnut Street and Main Street; or, Camburn Street between Walnut Street and Day Street.
  2. Any person who shall use a bicycle, rollerskates, rollerblades, skateboard, scooter, coaster or similar device on a sidewalk, walkway, or other pedestrian facility where permitted within the city shall not hinder or impede the passage of pedestrians or vehicles.
  3. Any person who shall use a bicycle, rollerskates, rollerblades, skateboards, scooter, coaster or similar device on a sidewalk, walkway, or other pedestrian facility where permitted within the city shall yield the right-of-way to all pedestrians upon said sidewalk, walkway, or other pedestrian facility.
  4. No person shall ride on or in any manner use a bicycle, rollerskates, rollerblades, skateboard, scooter, coaster or similar device which is being towed by any vehicle, bicycle or pedal powered contrivance within the city.

Section 2. Penalties and Enforcement.

  1. Any violation of the provisions of this Ordinance shall be a misdemeanor.
  2. Punishment upon conviction thereof shall be a fine of not more than $100.00 or imprisonment for not more than ninety (90) days, or, by both such fine and imprisonment in the discretion of the Court.
  3. In addition to the penalties set forth above, the Police Department of the City of Stanton may impound and retain possession of any bicycles, rollerskates, rollerblades, skateboards, scooters, coasters and similar devices operating in violation.

Section 3. Conflicting Ordinances Repealed.

All ordinances and resolutions, or parts thereof, which conflict with the provisions of this Ordinance are hereby repealed.

Section 4. Severability.

If any section, paragraph, clause, or provisions of this Ordinance is held for nay reasons to be invalid or unconstitutional, the invalidity or unconstitutionality of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance.

Section 5. Effective Date.

This ordinance shall take effect immediately after publication in a newspaper of general circulation within the City of Stanton.


ORDINANCE NO. 184 – GRASS AND WEED CONTROL

CITY OF STANTON, MICHIGAN
effective January 1, 1992

An Ordinance providing for the regulation and cutting of grass and noxious weeds in the City of Stanton, and to provide for the recovery of such costs in an action of law.

THE CITY OF STANTON ORDAINS:

Section 1. TALL GRASS AND WEEDS PROHIBITED.

  1. Except as otherwise provided in Section 2, it shall be unlawful for an owner or the agent of such owner of any lot, place, or area within the enforcement territory of the City described in Section 3 to suffer or permit to grow any weeds or grass in excess of twelve (12) inches.
  2. Except as otherwise provided in Section 2, it shall be unlawful for an owner or the agent of such owner of any lot, place or area within the enforcement territory of the City described in Section 3 to suffer or permit to grow any weeds or grass in excess of twelve (12) inches upon any street, alley or sidewalk right-of-way bordering their property.
  3. Except as provided in Section 2, it shall be unlawful for an owner or the agent of such owner of any building, structure, or dwelling, whether occupied or unoccupied, within the City to suffer or permit to grow any weeds or grass I excess of twelve (12) inches within fifty (50) feet of said building, structure or dwelling.

Section 2. EXCEPTIONS.

The Department of Public Works Director may provide exceptions to this ordinance if the terrain has an excessive incline or an areas, because of storm water run-off, has standing water more than three months of the year.

Section 3. ENFORCEMENT TERRITORY.

The enforcement area for grass and weed control is defined as follows:

Beginning at the intersection of the centerline of West Main Street and the Stanton City boundary, thence North 330 feet along said boundary, thence East 1,020 feet, thence South to the Northwest corner of Lot 24, Block of the G.W. Childs Addition to the City of Stanton, thence East along the Northern boundary line of said Block to where it intersects with the Western right-of-way line of Third Street; thence North along the Western right-of-way line Third Street to a point described as the intersection of the Western right-of-way line of boundary line of Lot 10 of the Duane’s Addition to the City of Stanton if extended due West; thence East 396 feet to the Southwest corner of Lot 10 of said addition; thence North to the Northwest corner of the Riverview Roll a Home Mobile Home Park in the City of Stanton; thence East to the Northeast corner of said park; thence South to a point described as the intersection of the East boundary line of said park and the Northern boundary line of Lot 181 of the G.W. Child’s Addition to the City of Stanton if extended due West; thence East along the Northern boundary line of said Lot line if extended due East and the Eastern right-of-way line of M-66; thence North alone said right-of-way line to the Northern boundary line of the City of Stanton; thence East 741 feet along said boundary line; thence South 1319 feet to the Northern boundary line of the Smith and McPherson’s Addition to the City of Stanton; thence East to a point described as the intersection of the Northern boundary line of said addition if extended due East and the Western right-of-way line of Quarterline Street; thence South to the Northwest corner of Lot 7, Block “A” of said Addition; thence South to the Southwest corner of Lot 3, Block “B” of said Addition; thence East to a point described as the intersection of the Southern Lot line Lot 3, Block “B” of said Addition and the Western right-of-way line of the Pere Marquette Railroad; thence Southerly along said right-of-way line to a point described as the intersection of the Western right-of-way line of said railroad and the Northern right-of-way line of East Pine Street ; thence East along said right-of-way line of East Pine Street to the Southwest corner of Lot 61 ½ of the Smith and McPherson’s Second Addition to the City of Stanton; thence Northerly along the Western Lot line of said Lot to the Northwest corner of said Lot; thence East along the Northern boundary line of said addition to the Western right-of-way line of New Street; thence North along said right-of-way line to the Southeast corner of Lot 12 of the Gilbert’s Addition to the City of Stanton; thence West to the Southwest corner of said Lot; thence North to the Northwest corner of Lot 9 of said addition; thence East to the Southwest corner of Lot 1 of the Mishler’s Addition to the City of Stanton; thence East to a point described as the intersection of the Northern Lot line of said Lot if extended due East and the Eastern right-of-way line of New Street; thence South 313 feet, thence East 297 feet, thence South 1,320 feet, thence East to the Northeast Corner of Lot 1 of the Redi Inc./Hansens Addition to the City of Stanton; thence South the to the Southeast corner of Lot 28 of said addition; thence East to the Southeast corner of Lot 24 of said addition; thence South 60 rods; thence West 18 rods; thence South 30 rods; thence West to the Western right-of-way line of M-66; thence South along said right-of-way line to the Southeast corner of Lot 7, block 5 of the J.P. Beers Addition to the City of Stanton; thence West to the Southwest corner of lot 5, block 7 of said Lot, thence West to the Northwest corner of lot 101, block of the Original Town Plat Addition of the City of Stanton; thence South to the Northwest corner of Lot 1, block 8 of said addition; thence West to the Northeast corner of Lot 1, block 9 of said addition; thence South to the Southeast corner of said Lot; thence West to the Southwest corner of Lot 2. Block 11 of said addition; thence North to the Southwest corner of Lot 1, block 4 of said addition; thence East to Southeast corner of lot 3 of said block; thence North to the Southeast corner of lot 3 of said block; thence North to the Southeast corner of Lot 4 of said Block; thence East to a point described as the intersection of the Eastern boundary line of the City of Stanton cemetery and the Southern lot line of said lot if extended due West; thence North 91 feet; thence West to the Southeast corner of Lot 2, block 4 of the W.F. Turners Addition to the City of Stanton; thence North to a point described as being 180 feet South of the Southern right-of-way line of West Main Street on the Eastern boundary line of block 3 of said addition; thence West to the Western boundary line of the City of Stanton; thence North to the boundary line of the City of Stanton; thence North to where said boundary line intersects the centerline of West Main Street; thence West to the point of beginning.

Section 4. DECLARED A NUISANCE.

The presence of any condition as defined in Section 1 shall serve as prima facie evidence of a violation of this Ordinance.

Section 5. NOTICE AND REMEDIAL ACTION.

  1. Upon determination of any existing violation as found in Section 1 by the City Department of Public Works Supervisor, the Supervisor shall have the yard or area cut or pruned to correct the violation.
  2. The cost of these services, as determined by the City Commission by Resolution, shall be computed and the owner whose name appears on the local tax assessment records shall be notified by first-class mail at the address shown on the records. If the owner fails to pay within thirty (30) days after the mailing, said amount will be added to the next tax roll of the City of Stanton and the same shall be collected in the same manner in all aspects as provided by law for the collection of taxes by the City of Stanton.

Section 6. REPEALER CLAUSE.

Any ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 7. VALIDITY AND SEVERABILITY.

Should any portion of this ordinance be found invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this Ordinance.

Section 8. EFFECTIVE DATE

This Ordinance shall be effective thirty (30) days from and after its publication.


ORDINANCE NO. 194 – LITTERING, DISTRIBUTION AND POSTING OF HANDBILLS AND CIRCULARS

THE CITY OF STANTON ORDAINS:

Purpose of Ordinance.

To protect the public against the nuisance of, and incident to, the promiscuous distribution of handbills and circulars, particularly commercial handbills as herein defined, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulations thereof, and to that end the purpose of this Ordinance are specifically declared to be as follows:

  1. To protect the public against the unlawful activities or operations of solicitors, canvassers or handbill and circular distributors.
  2. To protect local residents against trespassing by solicitors, canvassers or handbill and circular distributors upon the private property of such residents of they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter.
  3. To protect the public against the health and safety menace and the expense incident to littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter.
  4. To preserve to the public their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distribution of advertising and commercial circulars and handbills and the right-of-deliver non-commercial handbills to all who are willing to receive the same.

Definitions.

The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section except where the context clearly indicates a difficult meaning.

Commercial Handbill  Shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.

  1. Which advertises for sale any merchandise, product, commodity, or things; or
  2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
  3. Which directs attention to or advertises any meeting, theatrical performances, exhibition, or event of any kind for which admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of the city; or
  4. Which, while containing reading matter other than advertising matter, is predominately and essential an advertisement, and is distributed or circulated for advertising purposed, or for the private benefit and gain of any person so engaged as advertiser or distributor.

Handbill distributor Shall mean and include any person engaging or engaged in the business for hire or gain of distributing commercial or non-commercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbill.

Litter Shall mean any garbage, refuse, rubbish or other waste material.

Newspaper shall mean and include any newspaper of general circulation as defined by general law which contains not more than eighty-five percent (85%) advertising, any newspaper duly entered with the United States Post Office, in accordance with federal statue of regulation and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

Non-commercial handbill Shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill, or a newspaper.

Private premises Shall mean and include any dwelling house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhibited or vacant, and shall include any yard, grounds walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

Public place Shall mean and include any and include any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

Distributing Handbills and Circulars.

No person shall throw or deposit any commercial or non-commercial handbill or circular in or upon any sidewalk, street or other public place within the city; provided that it shall not be unlawful on nay sidewalk, street or public space within the city for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill or circular to any person willing to accept it.

Placing Handbills or Circulars on Vehicles.

No person shall throw or deposit any commercial or non-commercial handbill or circular in or upon any vehicle, provided that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill or circular to any occupant of a vehicle who is willing to accept it.

Handbills or Circulars on Uninhibited or Vacant Premises.

No person shall throw or deposit any commercial or non-commercial handbill or circular in or upon private premises which are uninhabited or vacant.

Distributing Handbills or Circulars at Inhabited Private Premises.

No person, shall throw, deposit or distribute any commercial or non-commercial handbill or circular in or upon private premises which are inhibited, except by handing or transmitting any such handbill or circular directly to the owner, occupant or other person than present in or upon such private premises.

Exception for Mail and Newspapers.

The provisions of the previous section shall not apply to the distribution of mail by the United States Post Office, nor to newspapers (as defined in this Ordinance), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. The provisions of the previous section shall also not apply to the distribution of items customarily mailed through the United States Post Office which are distributed within a suitable weatherproof container designated to be attached to doorknobs or latches or residential dwellings, which container shall include the name, address and local telephone number of the distributor and which delivery to any inhibited premises shall be discontinued upon the request of the occupant of the dwelling.

Prohibiting Distribution Where Properly Posted.

It shall be unlawful for any person to distributed, deposit, place, throw, scatter or cast any commercial or non-commercial handbill or circular upon any premises, if requested by any one thereon not to do so, or it there is placed on said premises in a conspicuous position near the entrance thereon, a sign bearing the works: “No Handbills”, “No Peddlers or Agents”, “No Advertisements”, or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or to have their rights of privacy distributed, or to have any such handbills or circulars left upon such premises.

Dropping Litter from Aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

Posting Notices Prohibited.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility post, fence or shade tree, or upon any public structure or building, except as may be authorized or required by law.

Exceptions for Election and Real Estate Signs.

One (1) non-illuminated temporary sign pertaining to an election, or the lease or sale of the premises upon which it is placed, not to exceed with (8) square feet in total area in allowed per premises. Such sign shall be removed upon completion of a purchase or lease agreement. Election and campaign signs shall be removed within forty-eight (48) hours of the election. (Cross reference Zoning Chapter, Section 15.521 B2)

Exemption for Temporary Banner and Signs.

The display of temporary banners and signs sponsored by a non-profit organization advertising a community event, even though said sign or banner may not conform to the regulations of the Zoning Chapter may be authorized by the Planning Commission. Temporary signs shall be removed within five (5) days of the completion of the event (Cross reference Zoning Chapter, Section 15.521 C8). Permanent signs advertising City Supported events are exempt from the provisions of this Ordinance.

Posting and Removal of Signs Advertising Sales and Auctions.

No person shall attach, place, paint, write, stamp or paste any sign or advertisement or nay other matter concerning yard sales, rummage sales, auctions or garage sales or other similar sales within any public right-of-way or on any public property, unless:

  1. Such sign or advertisement is placed on the public right-of-way or public property no sooner than two (2) days before the date of sale or auction is to occur.
  2. The sign or advertisement is removed within five (5) days after the conclusion of the sale or auction.
  3. The sign or advertisement has the name of their person or organization sponsoring or conducting the sale and the address of the sale printed legibly upon it.

If a violation of this section has been committed and the individual committing the violation cannot be identified, the person designated on the sign or advertisement as being the sponsor of the event shall be deemed responsible for the violation. Where the name of the person is not designated or identified on the sign or advertisement as being the sponsor of the event, the owner or legal occupant of the identified address shall be deemed responsible for the violation.

This section shall not permit the placement of signs or advertisements where otherwise prohibited by law.

Hours of Distribution.

It shall be unlawful for any person to distribute, deposit, place, throw or scatter any handbill or circular, as defined by this Ordinance, before the hour of 8:00 a.m. Eastern Standard Time and after the hour of 8:00 p.m. Eastern Standard Time.

Methods of Distribution.

Any person distributing advertising matter from house to house shall be required to follow the walks, both inside and outside the premised, shall not cut across yards, and if a receptacle for such advertising is furnished, he or she shall place same in such receptacle. If no receptacle is furnished, he or she shall place said advertising matter in such a manner that the same will not be blown about.

Merchants to Keep Sidewalks and Alleys Free of Litter.

Persons owning or occupying places of business within the City shall keep the sidewalks and alleys adjacent to the business free of litter.

Sweeping Litter into Gutters.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building of lot or from any public or private sidewalk or driveway.

Exemptions.

The provisions of this Ordinance hereof shall not apply to the posting of official election and other public notices required by statute to be posted in public places.

Enforcement.

The Stanton Police Department shall be responsible for the enforcement of this Ordinance.

Penalty.

A violation charged under this Ordinance shall be deemed a civil infraction and shall be punishable by a civil fine of not more than five hundred dollars ($500.00).

Effective Date.

The Ordinance shall be effective ten (10) days following adoption thereof and after legal publication and in accordance with the provisions of the State Act governing same.


ORDINANCE NO. 203 – OPEN BURNING

CITY OF STANTON, MICHIGAN

An ordinance to regulate burning of garbage, trash, debris, and yard clippings within the City of Stanton.

THE CITY OF STANTON ORDAINS:

DEFINITIONS

  1. “Open Burning” shall mean the burning of substances under such conditions that the products of combustion are emitted directly into the air. Open burning shall include, but not limited to, burning on the ground or other flat surfaces, burning done in simple outdoor structures, receptacles or other devices which are designed primarily to contain the materials burning or to minimize the risk of fire an which do not effectively control the said emissions generated.
  2. “Person” shall mean any person, firm, partnership, association or corporation.
  3. “Approved incinerator” shall mean any device approved for the use by a business or commercial venture that meets the standards set forth in the most current edition of the National Fire Protection Association Code for commercial incinerators.
  4. “A business or commercial venture” shall mean any activity with the City of Stanton for a profit, and commonly recognized in the business world as a business venture.
  5. “Garbage” shall mean animal and/or vegetable waste resulting from the processing, handling, preparations, sales or consumption of food and all animal or vegetable parts or wastes whether involved in food processing or not.
  6. “Trash and debris and refuse” shall mean property of any kind commonly kept or used in a home, business or commercial venture that has been placed outside in such a way to indicated that it is not to be used or that it is to be discarded. This definition includes building materials.
  7. “Yard clippings” shall mean leaves, grass clippings, vegetable or other garden debris, shrubbery, or brush or tree trimmings. This includes stumps, agricultural wastes, and roots.

OPEN BURNING PROHIBITIONS. The following types of open burning are prohibited with the City of Stanton:

  1. Any burning which violates the provisions of the Michigan Air Pollution Act (Act 248 P.A. 1965 and the rules promulgated thereunder) or any other State law or Act or Properly promulgated rule or regulation.
  2. The open burning of garbage, trash and debris, refuse or yard clippings at a private residence, multiple dwelling, commercial and industrial site.
  3. The burning of refuse or waste materials inside a building or structure, unless said refuse or waste materials are burned in a stove, furnace, fireplace or approved incinerator which has been smoke pipe connected to a chimney which extends above the roof of the building.
  4. The open burning and/or burning inside a building or structure of tires, plaster, highly flammable, toxic or explosive materials.

OPEN BURING AUTHORIZED:

Section 1: The provisions of this Section shall not prohibit the burning of wood in a fireplace or stove for the purpose of cooking or providing heat, nor shall the provisions of this section prohibit the use of outdoor grills or small camp fires not to exceed four (4) feet in diameter.

Section 2: All “Open Burning” not prohibited by this ordinance shall require prior notification to the City Hall or Stanton Police Department.

Section 3: Fires determined by the Stanton Fire Department to be for training, or removal of hazards to the health and safety or other public best interest, shall be authorized only upon notification to and approval by the City Council. Such burning will be only under the direct planning supervision and control of the Stanton Fire Department.

PRIMA FACIE NEGLIGENCE. If a fire prohibited by this Ordinance becomes out of control and causes damage to person and/or property, the person in charge of such fire originated shall be deemed to be prima facie guilty of negligence.

PENALTY. Any person violating any of the provisions of this ordinance shall upon conviction thereof be guilty of a misdemeanor and subject to a fine of not more than one hundred dollars ($100.00) or imprisonment in the County Jail for a period of not more than ninety (90) days, in the discretion of the Court, both such fine and imprisonment.

SEVERABILITY CLAUSE.  Should any provisions or section of this Ordinance be 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 portions thereof.

EFFECTIVE DATE OF ORDINANCE. This Ordinance shall be in full force and effect twenty (20) days subsequent to passage.

(signed January 7, 1999)


ORDINANCE NO. 210 – AMENDMENT TO ORDINANCE NO. 203 (OPEN BURNING)

CITY OF STANTON

AN ORDINANCE REGULATING OPEN BURNING

Amend Ordinance to add to the following types of open burning prohibited within the City of Stanton:

e. Prohibited outdoor free standing solid fuel burning furnaces within the City limits.

All existing outdoor free standing solid fuel burning furnaces on 8-28-2006 will be grandfathered.

This Ordinance will be in full force and effect twenty (20) days subsequent to passage.


ORDINANCE NO. 213 – POSSESSION OF ALCOHOLIC LIQUOR IN AN OPEN CONTAINER

CITY OF STANTON, MICHIGAN

THE CITY OF STANTON ORDAINS:

Section 1.        No person shall, in any City park, cemetery, or on any street, sidewalk, or parking area open to the general public, have in his or her possession any alcoholic liquor in a container which is open, uncapped or upon which the seal is broken. No operator or owner (if present at the vehicle) shall permit any person to possess any alcoholic liquor which is open, uncapped or upon which the seal is broken within or upon any vehicle which is on any street, sidewalk, or parking area open to the general public.

Section 2.        With regard to any vehicle, it is presumed that the operator and/or owner (if the owner is present within or upon the vehicle), as the owner as stated upon the most current vehicle registration records at the office of the Michigan Secretary of State, is permitting any other person within or upon the vehicle to possess any open, uncapped, or unsealed alcoholic liquor within or upon the vehicle.

Section 3.        Alcoholic liquor means beer, or wine, or any spirituous, vinous, malt or fermented liquor, liquids and compounds whether or not medicated, proprietary, patented, and by whatever named called, containing one-half of one percent or more alcohol by volume which are fit for use for beverage purposes.

Section 4.        A violation of this ordinance shall constitute a misdemeanor punishable by up to 90 days in jail and/or a $100.00 fine plus costs of prosecution.


ORDINANCE NO. 216 – DRUG PARAPHERNALIA

CITY OF STANTON
Montcalm County, Michigan

AN ORDINANCE TO REGULATE THE POSSESSION AND SALE OF DRUG PARAPHERNALIA.

THIS ORDINANCE HAVING BEEN DETERMINED TO BE AN EMERGENCY, SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS ADOPTION.

THE CITY OF STANTON DECLARES: That a public emergency exists affecting life, health, property or the public peace with illegal use of controlled substance and the availability of drug paraphernalia.

THE CITY OF STANTON ORDAINS:

Section 1. Purpose.

The purpose of this ordinance is to prohibit the possession, delivery, sale, marketing and advertising of items, paraphernalia, accessories or things which are designed or marketed for use with controlled substances to protect the health, safety and welfare of the citizens of the City and to discourage the use of controlled substances.

Section 2. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning;

  1. (1) Controlled substances means any drug, substance, or immediate precursor enumerated in schedule 1-5 of Sections 7201 to 7231 of the Public Health Code, 1978 PA 368, as amended, MCL 333.7201 et seq.
  2. (2) Drug paraphernalia means any equipment, item, product or material, or combination of equipment, items, products and materials, that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, including, but not limited to, all of the following:
    1. Kits used, intended for use, or designed for used in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived.
    2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
    3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance.
    4. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
    5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
    6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in mixing with, diluting, or cutting controlled substances.
    7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
    8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.
    9. Capsules, balloons, envelopes or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
    10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
    11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
    12. Objectives used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as the following:
      1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowles.
      2. Water pipes
      3. Carburetion tubes and devices
      4. Smoking and carburetion masks
      5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
      6. Miniature cocaine spoons and cocaine vials
      7. Chamber pipes
      8. Carburetor pipes.
      9. Electric pipes
      10. Air driven pipes
      11. Chillums
      12. Bongs
      13. Ice pipes or chillers.
      14. Wire cigarette papers.
    13. A device, commonly known as a cocaine kit, that is specifically designed for used in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
    14. A devise, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
    15. A device, commonly known as a snoter, that is specifically designed to carry a small amount of controlled substances to the user’s nose.
    16. A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.

Section 3. Prohibitions.

  1. It is unlawful for any person to deliver, sell, market, or possess with intent to deliver, sell or market drug paraphernalia knowing or under circumstances where one reasonably should now that it will be used to plant, propagate, cultivate, grow, harvest, manufacture compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
  2. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
  3. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publications any advertisement, knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

Section 4. Exceptions.

The provisions of this Article shall not apply to:

  1. Any person authorized by local, state, or federal law to manufacture, possess, or distribute drug paraphernalia.
  2. Any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for the use with tobacco products, including any pipe, paper, or accessory.
  3. Persons suffering from diabetes, asthma or any other medical condition requiring self-injection.

Section 5. Enforcement.

  1. The provisions of this Article shall be enforced by the Stanton Police Department.
  2. In determining whether an item constitutes drug paraphernalia under this Article, in addition to all other logically relevant factors, the following may be considered:
    1. Instructions, oral or written, provided with the item concerning its use.
    2. Descriptive materials accompanying the item which explain or depict its use.
    3. National and local advertising concerning its use.
    4. The manner in which the items is displayed for sale.
    5. Whether the owner, or anyone in control of the item, is a legitimate supplier of like related items to the community, such as a licensed distributor or dealer of tobacco products.
    6. Direct or circumstantial evidence of the ratio of sales of the items(s) to the total sales of the business enterprise.
    7. The existence and scope of legitimate uses of the item in the community.
    8. Expert testimony concerning its use.
    9. Statements by an owner or by anyone in control of the objects concerning its use.

Section 6. Penalties.

  1. A person who violates any provision of this Article is responsible for municipal civil infraction punishable by no more that $100 fine. Each and everyday the violation exist will be a new violation.
  2. In addition to the penalty imposed by subjection (1) above, any drug paraphernalia sued or possessed in violation of this Article may be seized and forfeited to the Stanton Police Department.
  3. In addition to the penalties provided by this Section, the district court shall have the equitable jurisdiction to enforce any judgment, writ, or order necessary to enforce any provision of this Article, including, but not limited to, abatement of the violating condition or the granting of any injunctive relief.
  4. In addition a violation of this order will be a nuisance per se and action filed in the circuit court to seek a judgment, writ, or order necessary to enforce any provision of this Article, including, but not limited to, abatement of the violating condition or the granting of any injunctive relief.

Section 7. Effective Date.

To preserve the public peace, health, welfare and safety, it is necessary that this Ordinance become immediately operative. It is therefore, declared to be an emergency measure and shall take immediate effect upon its adoption by the City Council.

Approved: March 8, 2010.


ORDINANCE NO. 222 – JUNK CONTROL AND BLIGHT

CITY OF STANTON
COUNTY OF MONTCALM
STATE OF MICHIGAN
Adopted: September 10, 2013

JUNK CONTROL AND BLIGHT ORDINANCE

THE CITY OF STANTON, MONTCALM COUNTY, MICHIGAN (“City”) ORDAINS:

Section 1.        Findings and Purpose. The City Commission of the City of Stanton hereby finds that it is essential and necessary to the health, safety, well-being, and welfare of the residents of the City and the well-being of the personal and real property located within the City that the City adopt this Ordinance, and that the disposal and accumulation of solid and liquid waste, junk, refuse, trash, and discarded items shall occur only in a sanitary, orderly, and safe fashion. In the past, junk, waste, refuse, trash, and hazardous materials may have been improperly dumped, buried, or disposed of within the City, which may have caused irreparable harm to property and natural resources within the City, including but not limited to, streams, soils, groundwater, watersheds, and sensitive wetlands, all of which are essential to the health and economic well-being of the community. The City Commission further finds that the improper disposal of such materials impairs property values and poses a real and substantial risk to the health and safety of persons, pets, and wildlife within the City.

The City Commission also finds that it is essential and necessary to the health, safety and welfare of the residents of the City and the well-being of the personal and real property located within the City that blight be abated and prevented. The City Commission additionally finds that the presence of blight impairs property values and poses a real and substantial risk to the health and safety of persons, pets and wildlife within the City.

This Ordinance is not intended to interfere with lawful farming and generally accepted farm operations or practices. Nor shall this Ordinance be deemed to prohibit or interfere with the otherwise lawful storing or spreading of manure, fertilizers, herbicides, or other soil conditioners as part of a farm operation.

Section 2.        Authorization. This Ordinance is authorized and enacted pursuant to MCL 117.1 et seq., Article 4, Section 52 of the Michigan Constitution of 1963 and other applicable laws.

Section 3.        Prohibited Acts and Junk. Unless otherwise expressly permitted by Section 5 hereof, it shall be unlawful for any person, entity, corporation, trust, limited liability company, association, or other organization to do or permit any of the following (or to assist in doing any of the following) within the City:

  1. Operate an unlicensed or unlawful dump, landfill, or sanitary landfill.
  2. Utilize, bury or dispose of any item at an unlicensed or illegal landfill or disposal site knowing the same to be unlicensed or illegal.
  3. Pour, inject, drain, dump, abandon, bury, or dispose of any discarded liquid which may be hazardous, toxic, nuclear, poisonous, putrid, dangerous, or biologically harmful into, below, within, or onto the ground, substrata, a road, or any soil, lake, stream, pond, or wetland or to accumulate or store such discarded liquids outdoors. For purposes of this subsection (C), the words hazardous, toxic, nuclear, poison, putrid, dangerous, or biologically harmful shall be as defined by any federal or Michigan law. This prohibition shall include, but not be limited to, gasoline, oil, cleaning fluid, heating oil, industrial or commercial waste, medical waste, paint waste, processed food byproducts or waste, flammable liquid, or liquid industrial by products.
  4. Deposit, dump, drain, or cause to be drained, any harmful or hazardous liquid, sewage, or industrial waste substance from any sink, tank, motor vehicle, or any other thing, onto the surface of any land or into any open ditch, lake, stream, pond, or wetland, or into any pipe or conduit which directly or indirectly empties or deposits any such substance onto the surface of any land or into any open ditch, creek, wetland, or stream.
  5. Place, throw, bury, dump, abandon, store, or accumulate outdoors any empty or partially filled cans, food containers, broken or whole bottles, trash, rubbish, garbage, litter, junk, rags, used or broken glass, mobile homes not meeting city ordinance requirements, debris, used tires, used tanks, discarded or scrap plastic, waste, boxes, barrels, scrap metal, cardboard, inoperable or partially assembled equipment or machinery, scrap rubber, crockery or utensils of any kind, automobile or vehicle bodies or parts of automobiles or vehicles (except in a duly licensed junk yard), old stoves or appliances, furniture, parts of machinery, contaminated soil, illegal pesticide, illegal fertilizer, refuse, scrap styrofoam, paper, broken pallets, cloth, batteries, mattresses or bed springs, flammable matter or substances, offal, medical waste, industrial byproducts or waste substances, or objects of a similar nature, upon, under, or on any land in the City, or to permit any such things or substances to accumulate on land or water over which the person permitting the same occupies, owns, leases, or has control.
  6. Allow the accumulation of materials which provide rat harborage or which may serve as food for rats or is accessible to such rodents or in or around which flies, insects, rodents, or vermin may exist, breed, or multiply, or to suffer or permit upon any premises stagnant or filthy water deemed a health hazard by the Montcalm County Health Department (excluding natural wetlands), dead animals or unwholesome meat, or any other unwholesome, filthy, deleterious, or offensive thing or substance.
  7. Litter on any property or roadway within the City.
  8. Accumulate, place, store, or allow or permit the accumulation, placement, or storage of trash or junk outdoors on any property within the City of Stanton, except in a lawful sanitary landfill, a lawful junk yard, or not to exceed seven (7) days’ storage in watertight storage receptacles designed for the temporary accumulation of trash.

Section 4.        Blight and Blighted Properties. Unless otherwise expressly permitted by Section 5 hereof, it shall be unlawful for any person, entity, corporation, trust, limited liability company, association or other organization to do or permit any of the following (or to assist in doing any of the following) within the City:

  1. Maintain, keep or possess a property or building that is in an unsafe or unsanitary condition.
  2. Store outdoors any new or used building or construction materials within an area zoned for residential purposes unless a valid building permit is in effect for the property and the materials will be used in connection with the construction authorized by the building permit.
  3. Keep, maintain or allow any structure or building to be in such disrepair or poor condition (whether caused by fire, wind, natural deterioration or other cause) such that the building is no longer inhabitable if it is a dwelling or usable for the intended purpose if another type of building or structure is involved.
  4. Store, park or keep outdoors on any property a junk vehicle. For purposes of this Ordinance, the phrase “junk vehicle” shall mean any motor vehicle which does not have in effect a current and valid license plate and regulations for lawful use upon the highways of the State of Michigan, and shall also include, whether or not licensed, any motor vehicle that is inoperative or lacks all of its component parts.
  5. The storage or accumulation outdoors of any junk, trash, debris, rubbish or refuse of any kind except in a lawful receptacle placed outdoors for pick up (and such receptacle does not remain outdoors for more than 7 consecutive days).
  6. Keep, maintain or allow any partially completed building or structure unless such building or structure is in the course of active construction in compliance with a valid building permit issued.
  7. The outdoor storage, parking or maintenance of any mechanism or equipment, motorized or not motorized, which is inoperable in any way for which it is designed for any reason or which does not have all of its component parts.

Section 5.        Exceptions to this Ordinance. The following activities shall not be subject to the requirements of Sections 3 and 4 of this Ordinance:

  1. The lawful disposal of materials or items into or within a lawful sanitary landfill, hazardous materials landfill, or facility or incinerator properly licensed by the state of Michigan.
  2. The lawful disposal of materials or items into or within a lawful waste disposal site which has been expressly approved or authorized by the City under its zoning ordinance or other ordinances.
  3. The otherwise lawful storage, use, and application of lawful fertilizers (excluding human waste), herbicides, and insecticides pursuant to agricultural, landscaping, lake weed control, or horticultural uses.
  4. The composting of plant, vegetative, or crop matter.
  5. Winter treatment of roads, sidewalks, steps, and other ways for snow and ice removal.
  6. The lawful storage of automobile or vehicle bodies or parts at a lawful and approved junk yard.
  7. Lawfully and properly maintained feed, chemical, fertilizer, fuel, or liquid storage tanks, whether above or below ground, including the contents thereof.
  8. The outdoor storage of bona fide farm equipment, farm implements and farm vehicles, if being used for ongoing farm operations and if in compliance with any and all other applicable City ordinances.
  9. The lawful disposal of human and conventional household waste pursuant to a lawful municipal or underground septic disposal system, or as otherwise expressly allowed pursuant to any applicable City ordinance.
  10. Notwithstanding any provision of this Ordinance, the following items may be buried or disposed of within the City:
    1. Clean fill;
    2. Crops, natural compost or vegetative items;
    3. Rocks or untreated wood;
    4. Cables, conduits, pipes and tubes which are being utilized for utilities, drainage or irrigation purposes;
    5. Cement;
    6. Basements, shelters, foundations, lawful structures and nontoxic pilings or anchors;
    7. Conventional firewood;
    8. Cemetery uses and lawful burial of pets;
    9. Approved and lawful underground storage tanks;
    10. Burying of any road killed animal at or near the site killed.

Section 6.        Violation; Penalty, Remedies and Enforcement. A violation of 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 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 municipal civil infraction. The civil fine for a municipal civil infraction shall be not less than one hundred dollars ($100.00) for the first offense and not less than two hundred dollars ($200.00) for subsequent offenses, in the discretion of the court, in addition to all other costs, damages, court orders, 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.

Section 7.        Other Persons Who May Be Liable. The regulations, prohibitions and penalties of this Ordinance shall apply not only to any person, firm, entity, trust, limited liability company, corporation or association which does anything prohibited by this Ordinance and those who aid and abet such acts, but also to any owner, co-owner, lessee, tenant, licensee, part owner, occupant or person, firm, corporation, or entity owning or having control of any premises or property from, though, or onto which any such prohibited items, materials, or substances are drained, buried, dumped, abandoned, stored, or accumulated, or maintains blight or a blighted property, and who permits or acquiesces in such actions or Ordinance violations.

Section 8.        Additional Remedies. In addition to the above remedies, the City or any person may institute a civil lawsuit to abate any violation of this Ordinance. Any violation of this Ordinance is a nuisance per se.

Section 9.        Severability. The sections and portions of this Ordinance shall be deemed to be severable. Should any section, clause or provision of this Ordinance ever be declared to be invalid, in whole or in part, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the section, clause, sentence, or provision declared to be invalid.

Section 10.      Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after this Ordinance or a summary thereof is published in the newspaper as provided by law.

Section 11.      Repeal. This Ordinance shall repeal the prior City’s Anti-Blight Ordinance (adopted on 9-10-2013) in its entirety.


ORDINANCE NO. 227 – AMENDMENT TO ORDINANCE NO. 222 (JUNK CONTROL AND BLIGHT)

CITY OF STANTON
COUNTY OF MONTCALM
STATE OF MICHIGAN
Adopted: May 26, 2015

AN ORDINANCE TO AMEND ORDINANCE NO 222, ENTITLED “JUNK CONTROL AND BLIGHT ORDINANCE”

THE CITY OF STANTON ORDAINS:

Section 1. Amendment of Section 1.   That Section 1 entitled “Findings and Purpose” of Ordinance No. 222 is amended to read in its entirety as follows:

Findings and Purpose.            The City Commission of the City of Stanton hereby finds that it is essential and necessary to the health and safety, well-being, and welfare of the residents of the city and the well-being of the personal and real property located within the City that the City adopt this Ordinance, and that the disposal and accumulation of solid and liquid waste, junk, refuse, trash, and discarded items shall occur only in a sanitary, orderly, and safe fashion. In the past, junk, waste, refuse, trash, and hazardous materials may have been improperly dumped, buried, or disposed of within the City, which may have caused irreparable harm to property and natural resources within the City, including but not limited to, streams, soils, groundwater, watersheds and sensitive wetlands, all of which are essential to the health and economic well-being of the community. The City Commission further finds that the improper disposal of such materials impairs property values and poses a real and substantial risk to the health and safety of persons, pets, and wildlife within the City.

The City Commission also finds that it is essential and necessary to the health, safety and welfare of the residents of the City and the well-being of the persons and property located within the City that the blight designated herein be abated and prevented. The City Commission additionally finds that the presence of blight impairs property values and poses a real and substantial risk to the health and safety of persons, pets and wildlife within the City and that this Ordinance is intended to provide a mechanism for expeditiously resolving nuisance and stabilizing neighborhoods in the City.

This Ordinance is not intended to interfere with lawful farming and generating accepted farm operations or practices. Nor shall this Ordinance be deemed to prohibit or interfere with the otherwise lawful storing or spreading of manure, fertilizers, herbicides, or other soil conditioners as part of a farm operation.

Section 2. Amendment of Section 8.   That Section 8 entitled “Additional Remedies” of Ordinance No. 222 is amended to read in its entirety as follows:

Declaration of Public Nuisance.          In addition to any other remedies provided by herein, any violation of this Ordinance is declared to be a public nuisance and, in addition to any other penalties or remedies available to the City, the City is authorized and empowered to provide reasonable written notice to a property owner of a violation of this Ordinance and to direct the property owner to remove nuisance. Such notice shall be addressed to the property owner as appears on the latest ad valorem property tax assessment roll, and shall inform the property owner of the following:

1. The nature of the violation

2. The time in which the violation must be abated.

  1. Upon failure, neglect, or refusal of any property owner to comply with the provisions of this Ordinance, the City or its authorized contractor or other designee is authorized and empowered to enter the property owner’s property to abate the nuisance or to provide and to make payment for the abatement of the nuisance maintained.
  2. When the City abates a nuisance as provided in this Ordinance, the cost of any abatement and the authorized administrative fee will be billed to the property owner. The cost and fee will be a debt of the property owner to the City, which may be assessed as a single lot assessment in accordance with Ordinance No. 169, as amended, and shall constitute a lien against the property, including interest, until paid, and enforced and collected in the same manner as ad valorem property taxes.
  3. The failure to receive the notice as provided for herein is not a defense to any action brought by a member of the public for injury or by the City to collect the costs of abatement or impose penalties or other fees as authorized by this Ordinance.
  4. Upon the removal by the City of any refuse as provided for herein, the property owner shall, in addition to other remedies provided for in this Ordinance, be responsible for all City costs and fees and an administrative fee as established by resolution of the City Commission.

Section 3. Severability. The sections and portions of this Ordinance shall be deemed to be severable. Should any section, clause or provision of this Ordinance ever be declared to be invalid, in whole or in part, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the section, clause, sentence, or provision declared to be invalid.

Section 4. Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after this Ordinance or a summary thereof is published in the newspaper as provided by law.


ORDINANCE NO. 223 – DANGEROUS & DILAPIDATED BUILDINGS; RECREATIONAL VEHICLES

City of Stanton
Montcalm County, Michigan
Adopted: September 10, 2013

DANGEROUS AND DILAPIDATED BUILDINGS AND RECREATIONAL VEHICLE ORDINANCE

An ordinance to promote the health, safety and welfare of the people of the City of Stanton (“City”), Montcalm County, Michigan, by regulating the maintenance, condition, and safety of certain buildings, structures, and recreational vehicles; to define the types of buildings, structures, and recreational vehicles regulated by this Ordinance; to establish procedures for the maintenance or demolition of certain buildings and structures and for the removal of certain recreational vehicles; to establish remedies, provide for enforcement, and to fix penalties for the violation of this Ordinance.

THE CITY OF STANTON ORDAINS:

Section 1. Title. This Ordinance shall be known and cited as the “City of Stanton Dangerous and Dilapidated Buildings and Recreational Vehicles Ordinance.”

Section 2. Purpose. The purpose of this Ordinance is to regulate and prohibit the existence of dangerous and/or dilapidated buildings within the City of Stanton, as well as unsafe, abandoned, or junk recreational vehicles. Furthermore, it is the intent and purpose of this Ordinance to promote the health, safety, and welfare of the people of the City of Stanton by regulating the maintenance, condition, alteration, health, safety, and improvement of buildings, structures, and recreational vehicles and to establish remedies and provisions for the enforcement of this Ordinance.

Section 3. Definitions of Terms. As used in this Ordinance, including in this section, the following words and terms shall have the meanings stated herein:

  1. “Building Code” means the building code (or other applicable code) administered and enforced within the City pursuant to the State Construction Code Commission Act, Act No. 230 of the Public Acts of 1972, as amended, being Section 125.1501 seq. of the Michigan Complied Laws, or adopted pursuant to any other state law.
  2. “Dangerous building” means any building or structure, residential, commercial or otherwise, hat has one or more of the following defects or conditions or is one or more of the following conditions:
    1. A door, aisle, passageway, stairway or other means of exit that does not conform to the City Fire Code, City Building Code or other code enforced within the City.
    2. A portion of the building or structure is damaged by fire, wind, flood, or other cause so that the structure strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of the Housing Law of the state of Michigan. Act No. 167 of the Public Acts of 1917, as amended, being Section 125.401 seq. of the Michigan Compiled Laws, or Building Code enforced within the City (or any other code enforced within the City) for a new building or structure, purpose or location.
    3. A part of the building or structure is likely to fail, become detached or dislodged, or collapse, and injure persons or damage property.
    4. A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind that is required on the case of new construction by the Housing Law of the state of Michigan, Act No. 167 fo the Public Acts of 1917, as amended, being Section 125.401 et. Seq. of the Michigan Compiled Laws, or Building Code enforced within the City (or any other code enforced within the City).
    5. The building or structure, or part of the building or structure, because of dilapidated, deterioration, decay, fire damage, faulty construction, or the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
    6. The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which is designed, used or intended to be used.
    7. The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
    8. A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, which because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that a City Official or the Health Officer of the City or Montcalm County determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling.
    9. A building or structure is vacant, dilapidated and open at the door, wall, roof, window, or other area, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
    10. A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Article 258 of the Occupational Code, Act No. 299 of the Public Acts of 1980, being Section 339.2501 et. Seq. of the Michigan Complied Laws or is not publically offered for sale by the owner. This subsection does not apply to either of the following:
      1. A building or structure as to which the owner or agent does both of the following:
        1. Notifies the City in writing that the building or structure will remain unoccupied for period of 180 consecutive days. The notice shall be given by the owner or agent not more than 30 days after building or structure becomes unoccupied; and
        2. Maintains the exterior of the building or structure and adjoin grounds in accordance with this Ordinance and the Housing Law of the state of Michigan, Act No. 167 of the Public Acts of 1917, as amended, being Section 125.401 et. Seq. of Michigan Compiled Laws, or Building Code enforced within the City (or other applicable code enforced within the City).
      2. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the City in writing that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subparagraph shall notify the City in writing not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subparagraph, “secondary dwelling” means d dwelling such as a vacation home, hunting cabin or summer home, that is occupied by the owner or a member of the owner’s family during part of the year.
    11. Any portion of a building or structure is open to the elements or vermin (or other animals) whether such opening occurs due to a broken, missing, deteriorated, or dilapidated door, wall, roof, or other structural or exterior component of the building.
    12. The exterior paint, vinyl or aluminum siding, brick, wood, or other exterior component of a building or structure is in such disrepair, a dilapidated fashion, or such poor condition that the exterior building materials of the building or structure involved are directly exposed to the elements, insects, mold, or fungus.
    13. A deck, porch, walkway, or similar structure or item attached to or serving a building or structure is slippery and is likely to cause a person to slip or fall due to moss, fungus, deterioration, slimy or slippery material, or similar slippery condition.
  3. “Enforcing agency” means the City of Stanton, through the City Building Official, City Ordinance Enforcement Official, Zoning Administrator, and/or such other official(s) or agency as may be designated by the City Commission or City Manager to enforce this Ordinance.
  4. “Owner” means any person, tenant, lessee, corporation, partnership, or entity which owns, co-owns, or has an ownership or possessory interest in the property at issue.
  5. “Recreational Vehicle” means any camping trailer, travel trailer, motor home, motor vehicle with sleeping and cooking facilities, pop-up trailer, house trailer, or similar vehicle.
  6. “City” means the City of Stanton as well as its officials, officers, employees, bodies, agents and subdivisions.

Section 4. Prohibition of Dangerous Buildings. It shall be unlawful for any owner or agent thereof to keep, possess, use, own, or maintain any building or part thereof which is a dangerous building as defined in this Ordinance.

Section 5. Recreational Vehicles. No junk, abandoned, dilapidated, deteriorated, partially disassembled, or rundown recreational vehicle shall be kept, utilized, or stored outdoors. Such prohibition shall not apply to a lawful junkyard that fully complies with the City of Stanton Zoning Ordinance, as amended, and any and all other applicable City of Stanton ordinances.

Section 6. Penalties for Violation of this Ordinance. A violation of this Ordinance constitutes a municipal civil infraction. Any person who violates, disobeys, omits, neglects, or refuse to comply with any provision of this Ordinance, 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 not be less than one hundred dollars ($100.00) for the first offense and not less than two hundred dollars ($200.00) for subsequent offenses, in the discretion of the court, in addition to all other costs, damages, expenses, court orders, and remedies provided by law. For purposes of this section, “subsequent offense” means a violation of any 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 this Ordinance shall also be deemed a nuisance per se.

For purposes of being found responsible for a violation of this Ordinance (and for being subject to and bound by any penalties and court orders for violation of this Ordinance), the word “owner” shall include not only the person, partnership, corporation, trust, limited liability company, or other entity shown as the owner as evidenced with the relevant real estate document recorded with the Montcalm County Register of Deeds records, but in addition, shall also include any owner or co-owner of the property (whether or not shown of record with the Montcalm County Register of Deeds records), and where a land contract is involved, shall apply to both the record owner of the property as well as the person or person purchasing the property on land contract. This Ordinance shall also apply to any tenant or lessee of the property involved. Anyone who assists another in violating this Ordinance, or who aids and abets another in violation of this Ordinance, shall also be deemed to be in violation of this Ordinance.

In addition to the other remedies mentioned above, upon a finding of responsibility for a civil infraction involving a building or structure, the Court may also issue an order requiring that the property or building involved either be brought into full compliance with this Ordinance (as well as the Building Code and any other applicable ordinances or codes) or alternately, that the owner of the property completely demolish or remove the building or structure involved within a reasonable period of time. Such a court order may also provide that if securing of the building or demolition and/or removal of a building or structure is ordered (or some other action is required to be taken by the property owner) and the property owner does not fully comply with the order, the City shall be authorized to enter the property involved and remove, secure, or fully repair the dwelling or structure involved ( or bring the property into full compliance with the court order) and that the City shall be fully reimbursed for all of its costs and expenses, with the same being secured by a lien or one lot special assessment on the property.

In addition to the other remedies mentioned above, upon a finding of responsibility for a civil infraction involving a recreational vehicle, the Court may also issue an order requiring the recreational vehicle to be removed from the lot or parcel involved and be lawfully disposed of off-site. Such a court order may also provide that if such removal and disposal of recreational vehicle does not occur, the City shall be authorized to enter the property involved and to remove and lawfully dispose of recreational vehicle off-site and that the City shall be fully reimbursed for all of its costs and expenses thereof, with the same being secured by a lien or one lot special assessment on the property involved.

In addition to the above mentioned remedies, the City is also authorized (at its option and discretion) to pursue a civil lawsuit to enforce and/or ensure compliance with this Ordinance in the Montcalm County Circuit Court (or equivalent court).

This Ordinance may be enforced by the City Zoning Administrator, the City Building Inspector, the City Ordinance Enforcement Officer, and such other City officials or agent as the City Commission or City Manager may designate from time to time by resolution.

Section 7. Exemption for Bona Fide Farm Buildings. This Ordinance shall not apply to any non-dwelling building which is actively and regularly used or maintained in conjunction with a bona fide ongoing farming operation.

Section 8. Severability. The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect the remainder of this Ordinance which shall continue in full force and effect.

Section 9. Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after publication as required by law.


ORDINANCE NO. 226 – AMENDMENT TO ORDINANCE NO. 223 (DANGEROUS & DILAPIDATED BUILDINGS; RECREATIONAL VEHICLES)

CITY OF STANTON
COUNTY OF MONTCALM
STATE OF MICHIGAN
Adopted: May 26, 2015; Effective: June 30, 2015

AN ORDINANCE TO AMEND ORDINANCE NO. 223, ENTITLED “DANGEROUS AND DILAPIDATED BUILDINGS AND RECREATIONAL VEHICLE ORDINANCE”

THE CITY OF STANTON ORDAINS:

Section 1.        Amendment of Section 2. That Section 2, entitled “Purpose”, of Ordinance No. 223 is amended to read in its entirety as follows:

Purpose and Findings. The purpose of this Ordinance is to regulate and prohibit the existence of dangerous and/or dilapidated buildings within the City of Stanton, as well as unsafe, abandoned, or junk recreational vehicles. Furthermore, it is the intent and purpose of this Ordinance to promote the health, safety, and welfare of the people of the City of Stanton by regulating the maintenance, condition, alteration, health, safety, and improvement of buildings, structures, and recreational vehicles and to establish remedies and provisions for the enforcement of this Ordinance.

The City Commission finds that it is essential and necessary to the health, safety and welfare of the residents of the City and the well-being of the persons and property located within the City that the public nuisances designated herein be abated and prevented. The City Commission additionally finds that the presence of such blight impairs property values and poses a real and substantial risk to the health and safety of persons and property within the City and that this Ordinance is intended to provide a mechanism for expeditiously resolving public nuisances and stabilizing neighborhoods in the City.

Section 2.        Amendment of Section 6. That Section 6, entitled “Penalties for Violation of this Ordinance”, of Ordinance No. 223 is amended to read in its entirety as follows:

Violations of this Ordinance.

  1. A violation of this Ordinance is a municipal civil infraction. Any person who violates, disobeys, omits, neglects, or refuses to comply with any provision of this Ordinance, 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 ($100.00) for the first offense and not less than two hundred dollars ($200.00) for subsequent offenses, in the discretion of the court, in addition to all other costs, damages, expenses, court orders, and remedies provided by law. For purposes of this subsection, “subsequent offense” means a violation of any 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.
  2. In addition to other remedies provided for herein, any violation of this Ordinance is declared to be a public nuisance and, in addition to any other penalties or remedies available to the City, the City is authorized and empowered to provide reasonable written notice to a property owner of a violation of this Ordinance and to direct the property owner to remove the nuisance. For purposes of this subsection (b), such notice shall be addressed to the property owner as appears on the latest ad valorem property tax assessment roll, and shall inform the property owner of the nature of the violation and the time in which the violation must be abated.
    1. Upon failure, neglect or refusal of any property owner to comply with the provisions of this Ordinance, the City or its authorized contractor or other designee is authorized and empowered to enter the property owner’s property to abate the nuisance or to provide and to make payment for the abatement of the nuisance maintained.
    2. When the City abates a nuisance as provided in this Ordinance, the cost of any abatement and the authorized administrative fee will be billed to the property owner. The cost and fee will be a debt of the property owner to the City, which may be assessed as a single lot assessment in accordance with Ordinance No. 169, as amended, and shall constitute a lien against the property, including interest, until paid, and enforced and collected in the same manner as ad valorem property taxes.
    3. The failure to receive the notice as provided for herein is not a defense to any action brought by a member of the public for injury or by the City to collect the costs of abatement or impose penalties or other fees as authorized by this Ordinance.
    4. Upon the removal by the City of any refuse as provided for herein, the property owner shall, in addition to other remedies provided for in this Ordinance, be responsible for all City costs and fees and an administrative fee as established by resolution of the City Commission.
  3. Except as otherwise provided in subsection (b), for purposes of being found violation of this Ordinance, the word “owner” shall include not only the person, partnership, corporation, trust, limited liability company, or other entity shown as the owner as evidenced with the relevant real estate document recorded with the Montcalm County Register of Deeds records, but in addition, shall also include any owner or co-owner of the property (whether or not shown of record with the Montcalm County Register of Deeds records), and where a land contract is involved, shall apply to both the record owner of the property as well as the person or persons purchasing the property on land contract. This Ordinance shall also apply to any tenant or lessee of the property involved. Anyone who assists another in violating this Ordinance, or who aids and abets another in violation of this Ordinance, shall also be deemed to be in violation of this Ordinance.
  4. In addition to the other remedies mentioned above, upon a finding of responsibility for a civil infraction involving a building or structure, the Court may also issue an order requiring that the property or building involved either be brought into full compliance with this Ordinance (as well as the Building Code and any other applicable ordinances or codes) or alternately, that the owner of the property completely demolish or remove the building or structure involved within a reasonable period of time. Such a court order may also provide that if securing of the building or demolition and/or removal of a building or structure is ordered (or some other action is required to be taken by the property owner) and the property owner does not fully comply with the order, the City shall be authorized to enter the property involved and remove, secure, or fully repair the dwelling or structure involved (or bring the property into full compliance with the court order) and that the City shall be fully reimbursed for all of its costs and expenses, with the same being secured by a lien or one lot special assessment on the property.
  5. In addition to the other remedies mentioned above, upon a finding of responsibility for a civil infraction involving a recreational vehicle, the Court may also issue an order requiring the recreational vehicle to be removed from the lot or parcel involved and be lawfully disposed of off site. Such a court order may also provide that if such removal and disposal of a recreational vehicle does not occur, the City shall be authorized to enter the property involved and to remove and lawfully dispose of the recreational vehicle off site and that the City shall be fully reimbursed for all of its costs and expenses thereof, with the same being secured by a lien or one lot special assessment on the property involved.
  6. In addition to the above-mentioned remedies, the City is also authorized (at its option and discretion) to pursue a civil lawsuit to enforce and/or ensure compliance with this Ordinance in the Montcalm County Circuit Court (or equivalent court).
  7. This Ordinance may be enforced by the City Zoning Administrator, the City Building Inspector, the City Ordinance Enforcement Officer, and such other City official or agent as the City Commission or City Manager may designate from time to time by resolution.

Section 3.        Severability. The sections and portions of this Ordinance shall be deemed to be severable. Should any section, clause or provision of this Ordinance ever be declared to be invalid, in whole or in part, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the section, clause, sentence, or provision declared to be invalid.

Section 4.        Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after this Ordinance or a summary thereof is published in the newspaper as provided by law.