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Ordinance 34-An Ordinance Regulating Junk and Garbage

SECTION 1. LEGISLATIVE FINDINGS Where as on privately owned or occupied parcels of land within Springport Township accumulation of junk/or garbage constitute a hazard to the public health, safety and welfare of the residents of Springport Township for the reasons that they provide a habitat conducive to breeding and nesting of rats, mice and other vermin and also that contain objects with sharp edges and other hazards which could injure small children who would be attracted to play thereon without appreciating the danger thereof, and that the regulations required to eliminate the foregoing undesirable condition and protect the public health, and safety and welfare. SECTION 2. DEFINITIONS a. Junk - As used in this Ordinance, “junk” includes but is not limited to any unused or unusable building materials, furniture, machinery, appliances, tires or thereof, because of mechanical missing parts. b. Rubbish - As used in this Ordinance, “rubbish” means waste paper, tinware or aluminum ware, tin or aluminum cans, tins or aluminum cuttings, boxes, glass, straw, shavings, barrels, lumber, paper cartons, plastic containers, plastic products and food containers. c. Garbage - As used in this Ordinance, “garbage” means any accumulation of trash, refuse, or litter, specifically including but not limited to, containers once containing edible, drinkable or usable materials, as well as dead animals (or parts thereof) and discarded edible or drinkable items. d. Compost - As used in this Ordinance, “compost” means a fertilizing material consisting largely of decayed organic matter. SECTION 3. UNLAWFUL ACTS a. Storing of Junk - No owner, occupant or possessor of land within Springport Township shall keep or permit to be kept at any two (2) times not less than four (4) days within any calendar month on such parcel any accumulation of junk thereon which has a total cumulative weight exceeding forty (40) pounds or a total cumulative dimension exceeding nine (9) cubic feet unless the same is within a completely enclosed building. b. Storing of Rubbish and Garbage - No owner, occupant or possessor of land in Springport Township shall keep or permit to be kept at any two (2) times not less than four (4) days within any calendar month on such parcel any rubbish or garbage unless the same is kept within a closely covered can or other metal, plastic or rubber container designed for same and sufficient to prevent entry by rats, mice, other vermin and also must prevent trash from blowing onto another person property. c. Discarding of Junk, Rubbish, and Garbage - It shall be unlawful for any person to discard any junk, rubbish or garbage on any private or public property unless such property is licensed to receive such junk, rubbish or garbage. Unlawful discarding includes but is not limited to the tossing or leaving of junk, rubbish or garbage along the roadsides, on private property owned by another person, in the public roadway, parking lots, or on public property not licensed to receive such junk, rubbish or garbage. d. You may compost yard waste, straw fruit and vegetable scraps, coffee grounds, or egg shells generated from the site on which the compost is located. You may add commercially available ingredients specifically designed to speed or enhance decomposition. Materials must be contained in a bin that may be constructed of wood, wire mesh, or a combination of wood and wire, or in commercially fabricated compost bins. Only one structure is allowed per lot. Structure must not exceed 500 cubic feet (for example 10' x 10' x 5') in volume. Maximum height is five feet. Compost structures must be place in the rear yard of the property at least 10 feet from property line and no closer than 40 feet to any habitable building other than a residents home. Residents are required to use standard compost practices, which include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties. SECTION 4. EXCEPTIONS This Ordinance does not apply to inventory on premises occupied by a merchant licensed under MC 205.53 and conducting a lawful business or to the property of patrons of a lawful motor vehicle repair facility, furniture or appliance repair facility, or gasoline service station while left on the premises of either for purposes of service or repair, nor does this Ordinance apply to junk yards which can be regulated under Public Act 12 of 1929. This Ordinance does not apply to farms which are regulated under Michigan Right to Farm Act. SECTION 5. PRIMA FACIE PROOF In any litigation arising under this Ordinance testimony that any furniture, machinery, appliance, or parts thereof have been observed in the same place for a period of more than fourteen (14) days continuously shall constitute prima facie proof that such machinery, appliance or parts thereof are inoperable, unused, or unusable as defined in Section 2 above. SECTION 6. 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 7. DECLARATION OF NUISANCE Any violation of any provision of this Ordinance is hereby declared to be a nuisance. SECTION 8. SEVERABILITY This Ordinance is hereby declared to be severable and should any part, provision or paragraph hereof be declared invalid by a Court of competent jurisdiction, it shall not affect the remaining provisions hereof. All ordinance, resolutions, or orders, or parts, thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. SECTION 9. EFFECTIVE DATE This Ordinance shall take effect and be enforced from and after the earliest date allowed by law. This Ordinance shall be published in the manner provided by law. At the regular meeting on September 12th, 2005 this Ordinance was adopted. Upon a roll call vote the following voted aye: Jack Travioli, Steve Rybicki, Lance Mitchell, Tom Betz and Rebecca Wilson Adopted 9-12-2005 Effective10-15-05