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Ordinance #23-Dismantled or Inoperable Motor Vehicles

An Ordinance to secure the public peace, health, safety, welfare or the residents and property owners of Springport Township, Jackson County, Michigan, by the regulation of dismantled or inoperable motor vehicles within said Township; to prescribe the penalties for the violation thereof and to repeal all ordinances or parts of ordinances inconsistent with or less restrictive than said Ordinance. THE TOWNSHIP BOARD OF SPRINGPORT TOWNSHIP JACKSON COUNTY, MICHIGAN, ORDAINS: ARTICLE I - PREAMBLE Section 1: TITLE This Ordinance shall be known as the “Springport Township Motor Vehicle Storage Ordinance.” Section 2: PURPOSE The fundamental purpose of this Ordinance is to promote the public health, safety, and general welfare of the Township and to prohibit and limit the storage of dismantled or inoperable motor vehicles. Section 3: 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 different meaning: Motor vehicle means any wheeled vehicle which is designed to be self propelled and is not operable upon rails. Currently unregistered vehicle means any wheeled vehicle which is designed to be self-propelled and is not operable upon rails and which does not have a current valid registration plate issued under the laws of this or any other state pertaining to the registration of motor vehicles. Dismantled or partially dismantled motor vehicle means any motor vehicle from which some part or parts which were ordinarily a component of such motor vehicle have been removed or are missing. Inoperable motor vehicle means any motor vehicle which, by reason of dismantling, disrepair, or other cause, is incapable of being propelled under its own power or which cannot be lawfully operated on the streets or highways of this state. ARTICLE II Section 4: STORAGE No person may park, allow to be present, or permit to be parked or present any currently unregistered, dismantled, partially dismantled, or inoperable motor vehicle(s), or any part(s) thereof, on any premises within the township for a period of more than (14) days continuously. This section shall not apply to motor vehicles, or any parts thereof, which are contained within an enclosed building. It also shall not apply to junk yard that is otherwise in compliance with other applicable township ordinances. The preceding shall not be construed to permit use of land or undertaking not allowed by applicable zoning ordinances. Section 5: PERMIT Any person owning a currently unregistered, dismantled, partially dismantled, or inoperative motor vehicle, and who is repairing, or is about to have such motor vehicle repaired, may obtain a permit from the Township Clerk to allow such motor vehicle to remain on the premises owned or occupied by the applicant for a period of additional thirty (30) days beyond the fourteen (14) days permitted in Section 4. The Township Clerk shall issue a permit under this section upon receipt of a twenty dollar fee from the applicant. Section 6: DECLARATION OF NUISANCE It is hereby determined that the presence of any currently unregistered, dismantled, partially dismantled, or inoperable motor vehicle, or any part thereof, on any premises within the Township in violation of Section 4 tends to result in deteriorated neighborhoods and such, constitutes a public nuisance inimical to the peace, health, safety, and welfare of the citizens of the Township. Section 7: PENALTY Any person who shall violate or assist in the violation of any provision of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period not exceeding Ninety (90) days or both, fine and imprisonment. Every day that such violation shall continue shall constitute a separate and distinct violation under the provision of this Ordinance. Section 8: ARRESTS The Township Board, by its duly constituted officers, the Prosecuting Attorney of Jackson County, or the duly appointed Attorney for the Township of Springport may cause complaint to be made for the violation of the provisions hereof. Section 9: CIVIL PROCEEDINGS In addition, the Township Board, by its duly constituted officers, or any person owning real estate in the Township of Springport, may institute appropriate Court proceedings to enjoin, abate, and remove any such nuisance per se or to prevent the continued violation of this Ordinance. Section 8: REMEDIES CUMULATIVE The remedies and penalties herein are cumulative and in addition to other remedies provided by law. Section 9: VALIDITY If any section, provision, or clause of this Ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any remaining portion or application of this Ordinance which can be given effect without the invalid portion or application. ARTICLE III Section 1: EFFECTIVENESS The foregoing Ordinance, or a synopsis thereof, shall be published in a newspaper of general circulation within the boundaries of the Township of Springport and qualified under State law to publish legal notices promptly after its adoption and shall take effect immediately after publication. Adopted: February 12, 1996 Effective: March 22, 1996