GRAND RAPIDS CHARTER TOWNSHIP SELECTED REGULATORY ORDINANCES. Grand Rapids Charter Township 1836 East Beltline N.E. Grand Rapids, Michigan 49505

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1 GRAND RAPIDS CHARTER TOWNSHIP SELECTED REGULATORY ORDINANCES Grand Rapids Charter Township 1836 East Beltline N.E. Grand Rapids, Michigan Revised Through September 21, 2000

2 INDEX Page Swimming Pool Ordinance... 1 Ordinance To Regulate Burning And Accumulation Of Trash And Garbage... 8 Disorderly Conduct Ordinance Outdoor Assembly Ordinance Animal Control Ordinance Inoperable Motor Vehicle Ordinance Trash Ordinance Ordinance To Prohibit Parking In Designated Fire Lanes Mineral Mining Licensing Ordinance Inert Material Disposal Control Ordinance Ordinance To Regulate And License Massage Parlors And Massagists Street Address Number Ordinance Solicitation Ordinance Hazardous Materials Expense Recovery Ordinance Checks Without Sufficient Funds Expenses For Dishonored Checks BOCA National Building Code Ordinance CABO One and Two Family Dwelling Code Ordinance i

3 International Mechanical Code Ordinance National Electric Code Ordinance BOCA National Fire Prevention Code Ordinance International Plumbing Code Ordinance Municipal Civil Infractions Right Of Way Access Telecommunications Providers Multichannel Video Providers Subdivision Ordinance Land Division Ordinance ii

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5 ORDINANCE NO. 3 AN ORDINANCE TO REGULATE THE LOCATION, CONSTRUCTION, OPERATION AND MAINTENANCE OF PRIVATE SWIMMING POOLS AND TO PROVIDE FOR THE ISSUANCE OF PERMITS BEFORE CONSTRUCTION AND FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE AND PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The Charter Township of Grand Rapids Ordains: Section 1. defined: Definitions. For the purpose of this Ordinance, certain terms are herewith (a) The term Aswimming pool@ shall mean any artificially constructed pool capable of being used for swimming or bathing, having a depth of more than two (2) feet or more at any point. (Portable wading pools having a depth of less than two (2) feet shall not be considered to be ASwimming pools@.) (b) APrivate@ shall mean that it is not open to the public, that it is not publicly owned, or not otherwise regulated by the State of Michigan either by statute or by rules or regulations of one of its administrative bodies. Section 2. Construction Permit. (a) A permit shall be applied for and issued by the Building Inspector before construction shall begin on any swimming pool. The application for the permit shall be accompanied by a complete and detailed set of plans and specifications of the swimming pool. Before any permit shall be issued such plans and specifications shall be approved by the Building Inspector and before any swimming pool shall be used, a final inspection and approval must be had from the Building Inspector. Section 3. Regulations. (a) Swimming pools shall not be constructed in any front yard and, measured from the water=s edge of the pool, shall not be any nearer than seven (7) feet from the side or rear lot lines. -1-

6 (b) Any electric wire within twenty-five (25) feet from the water=s edge of the pool shall be placed underground and in appropriate conduit approved for such purposes to prevent electricity from being conducted into the water. No electric wires of any kind shall cross or be over the water surface. Any underwater lighting shall be accomplished by the use of methods and materials approved for such purposes. (c) There shall be no cross-connections of any public water supply with any other source of water supply for the pool. The line from the public water supply to the pool shall be protected against back flow of polluted water by means of an air gap and shall discharge at least six (6) inches above the maximum high-water level of the makeup tank or the pool. Section 4. (a) available. Drain Connections. The drain line for the pool shall be connected to the storm sewer if one is (b) Where a storm sewer is not available, the pool drain may be connected to a sanitary sewer subject to the payment of a reasonable annual service charge for the special sewage disposal and subject to the approval of the Building Inspector and the Township Supervisor. (c) The construction of the pool shall be made in such a manner that all scum, splash and deck water shall not return to the pool except through the filter system. Section 5. Sediment, Debris. The pool shall be kept free at all times of floating material sediment and debris either by an automatic surface skimmer, scum gutter or by some other means approved by the Building Inspector. Section 6. Re-Circulation. The entire re-circulating system shall be capable of filtering and re-circulating the entire volume content of the pool during a twelve (12) hour period. The rate of application of pool water on the filters shall not be greater than three (3) gallons per minute per square foot of filter area. The Building Inspector may approve other rates of recirculation or rates of application of water on the filters. -2-

7 Section 7. Disinfecting Agents. A provision shall be made for positive germicidal or bacterial control by the use of chlorine, cromine or other such disinfecting agents as may be approved by the Building Inspector. (a) Such disinfecting agents shall be applied to the pool water at a uniform rate. (b) Provisions shall be made for adjusting the application thereof so as to keep the germicidal or bacterial protection of the water in the pool equal to a standard of 0.5 parts per million to 1.0 parts per million chlorine residual. (c) provided. Testing devices capable of accurately measuring such residual shall be Section 8. Fences. All swimming pools as defined in this Ordinance (pools having a depth of at least two (2) feet or more at any point) shall be enclosed by a fence which shall be at least four (4) feet in height of a type not readily climbed by children. However, if the entire yard of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval of the yard=s enclosure, or if the pool is of a portable type with a waist height of at least four (4) feet above the surrounding ground surface and of such construction as not to be readily climbed by children, then the ends of the fence may be attached to the pool structure and the fence need be erected only around the immediate area of the ladder, and other means of access to the pool. Gates shall be of a self-closing latch type with the latch on the inside of the gate, not readily available for children to open. Pools constructed or erected after the date of this Ordinance shall be enclosed by such a fence before water is placed in the pool. Pools which have been constructed or erected prior to the date of this Ordinance shall be enclosed by such a fence on or before May 1, Section 9. Filtration System. All swimming pools shall be required to install and have an approved filtration system. Section 10. Inspection. The Building Inspector shall have the right at any reasonable hour to inspect any swimming pool for the purposes of determining that all provisions of this Ordinance are fulfilled and complied with. Section 11. Noise. The owner of the premises upon which a private swimming pool is located shall be responsible to limit the number of persons and guests using the pool at any one time, the hours the pool is used and the conduct of the persons and guests using the pool so that the noise, in relation to the time of the day and the proximity of adjacent houses, will be reasonable and not of substantial detriment to the occupants of such adjacent property. -3-

8 Section 12. Nuisance. Construction, operation or maintenance of a private swimming pool in violation of the terms of this Ordinance is hereby declared to be a public nuisance. Section 13. Municipal Civil Infraction (a) Any person who violates any provision of this Ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00, plus costs an other sanctions, for reach violation (as authorized by Section 21 of Act No. 359 of the Public Acts of 1947, as amended, and the Grand Rapids Charter Township Municipal Civil Infraction Ordinance). (b) Repeat offenses under this Ordinance shall be subject to increased fines as provided by this Section, below. As used in this Section, Arepeat offense@ means a second (or any subsequent) violation of the same requirement or provision of this Ordinance (i) committed by a person within any 90 day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows: (1) The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs. (2) The fine for any offense which is a second repeat offense, or any subsequent repeat offense, shall be not less than $500.00, plus costs. (c) Each day on which any violation of this Ordinance occurs or continues constitutes a separate offense subject to separate sanctions. (d) The Building Inspector is hereby designated as the authorized township official to issue municipal civil infraction citations for violations of this Ordinance, as provided by the Grand Rapids Charter Township Municipal Civil Infraction Ordinance. As used in this Ordinance, ABuilding Inspector@ means the township official, employee, agent or other entity appointed by resolution of the Township Board to perform the functions and tasks assigned by this Ordinance to the ABuilding Inspector.@ (e) In addition to any remedies available at law, the township may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this Ordinance. [Section 13 amended 5/3/95 by Ord. No. 325]Section 14. Severability. The provisions of this Ordinance are hereby declared to be severable, and if any clause, sentence, paragraph, section or subsection is declared to be void or ineffective for any reason, it shall not affect any other part or portion hereof. -4-

9 Section 15. Effective Date. This Ordinance shall be effective October 3,

10 BOCA REGULATIONS (as adopted by Grand Rapids Township) Swimming Pool Safety Devices: Every person owning land on which there is situated a swimming pool, which contains 24 inches (610 mm) or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall be not less than 4 feet (1219 mm) above the underlying ground. All gates shall be selflatching with latches placed 4 feet (1219mm) above the underlying ground and otherwise made inaccessible from the outside to small children. A natural barrier, hedge, pool cover or other protective device approved by the governing body may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein. -6-

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12 ORDINANCE NO. 14 AN ORDINANCE TO REGULATE THE BURNING OR ACCUMULATION OF TRASH AND GARBAGE AND TO REGULATE THE PLACEMENT OF TRASH AND GARBAGE CONTAINERS WITHIN THE TOWNSHIP OF GRAND RAPIDS AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF. THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. Definitions. (a) Garbage means waste resulting from the processing, handling, preparation, sale or consumption of food. (b) Approved Incinerator shall mean an incinerator which has received a Certificate of Approval pursuant to Section 5 of this Ordinance. [Section 1(b) amended 11/10/94 by Ord. No. 320] (c) Person shall mean any legal entity, including an individual, corporation, partnership or association. (d) Trash is all waste material, except garbage, including grass and leaves, twigs and branches of trees or shrubs, and any discarded material no longer used for its intended purpose. [Section 1(d) amended 11/10/94 by Ord. No. 320] Section 2. Burning Prohibited. No person shall burn or allow the burning of any trash or garbage upon any premises within the Township unless such burning shall take [place] in a fire place, furnace, approved incinerator or other receptacle constructed for that purpose inside a dwelling or other building, except as hereinafter provided. [Section 2 amended 11/10/94 by Ord. No. 320] Section 3. Accumulation of Trash or Garbage. No person shall allow trash or garbage to accumulate unreasonably upon any premises which he owns or occupies, and it shall be the responsibility of each owner or occupant to provide for the periodic removal of trash and garbage to an area where it may be lawfully placed and which is licensed to receive it. Section 4. Placement of Trash and Garbage Containers. No can, barrel, or other device used or intended to be used to contain, store or receive trash or garbage shall be kept in the front of any premises within the Township except for such brief periods of time (which shall not exceed twentyfour (24) hours) as may be necessary to allow for the pick-up and removal of the trash or garbage contained therein; provided, however that it shall be lawful to keep such containers within any -8-

13 garage or other building regardless of the location of such garage or building upon the premises. Section 5. Approved Incinerators (a) Upon application therefor, the Fire Chief or the Deputy Fire Chief may issue a certificate approving certain incinerators. Such approval shall be issued only upon a satisfactory showing by the applicant that: (i) the combustion chamber of the incinerator is completely enclosed and vented through a chimney or stack; (ii) the incinerator is designed and constructed to prevent the emission of noxious odors; and (iii) the incinerator will not emit smoke, fly-ash or other air contaminants in unreasonable quantities or to such an extent as to be detrimental to the health or welfare of the community. [Section 5(a) amended 10/31/85 by Ord. No. 233] (b) Any Certificate of Approval issued pursuant to this Ordinance may be revoked upon thirty (30) days written notice to the applicant whenever it appears that the requirements of subsection (a) of this section are not being met. (c) Trash or garbage may be burned in an incinerator with respect to which an effective Certificate of Approval has been issued. Section 6. Burning on Large Tracts. It shall be lawful for a person, after first obtaining a burning permit issued by the fire department, to burn trash upon premises owned or occupied by such person if such premises are of such size and so situated that the burning take place at least 300 feet from the nearest public street or highway, at least 500 feet from the nearest building owned or occupied by any other person, and at least 100 feet from any building located on the premises; provided, however, that this section shall not be construed to permit the operation of a dump upon premises which meet the above specifications. [Section 6 amended 10/31/85 by Ord. No. 233; amended 11/10/94 by Ord. No. 320] Section 7. Special Exceptions. Whenever it shall appear that a large amount of trash has accumulated upon certain premises, that the disposal of such trash is necessary to the health and welfare of the Township, that the premises are such that trash will not continue to accumulate after it is once disposed of and that is it unreasonable to require the disposal of the trash by some method other than burning, the Fire Department may issue a permit for the burning of such trash; provided, however, that such permit shall not be issued unless the burning meets all of the distance requirements set forth under Section 6 of the Ordinance. [Section 7 amended 10/31/85 by Ord. No. 233; amended 11/10/94 by Ord. No. 320] Section 8. Penalty. (a) Any person who violates any provision of this Ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00, plus costs and other sanctions, for each violation (as authorized by Section 21 of Act No. 359 of the Public Acts of -9-

14 1947, as amended, and the Grand Rapids Charter Township Municipal Civil Infraction Ordinance). (b) Repeat offenses under this Ordinance shall be subject to increased fines as provided by this Section, below. As used in this Section, repeat offense means a second (or any subsequent) violation of the same requirement or provision of this Ordinance (i) committed by a person within any 90 day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows: (1) The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs. (2) The fine for any offense which is a second repeat offense, or any subsequent repeat offense, shall be not less than $ each, plus costs. (c) Each day on which any violation of this Ordinance occurs or continues constitutes a separate offense subject to separate sanctions. (d) The Building Inspector is hereby designated as the authorized township official to issue municipal civil infraction citations for violations of this Ordinance, as provided by the Grand Rapids Charter Township Municipal Civil Infraction Ordinance. As used in this Ordinance, Building Inspector means the township official, employee, agent or other entity appointed by resolution of the Township Board to perform the functions and tasks assigned by this Ordinance to be Building Inspector. (e) In addition to any remedies available at law, the township may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this Ordinance. [Section 8 amended 10/31/85 by Ord. No. 233; amended 11/10/94 by Ord. No. 320; repealed and replaced 5/3/95 by Ord. No. 325] Section 8A. Cost Recovery; Imposition of Lien; Other Remedies. (a) Cost Recovery. Any person, partnership, corporation, or other legal entity who burns or allows burning in violation of this Ordinance or any condition imposed on any permit issued pursuant to this Ordinance ( Responsible Party ) is responsible for the reimbursement to the Township of the expenses of suppressing such a fire. Expenses incurred by the Township may include, but are not limited to, hourly charges for fire department equipment and vehicles as established from time to time by the Township Board, the wages, salaries, fringe benefits and insurance of those fire fighters responding to the fire, and the costs of billing and collecting those expenses, including actual attorneys fees. The Township Fire Chief shall submit to the Township Board a detailed listing of all expenses incurred by the Township in suppressing such a fire. The Township Board, by motion, may direct that an invoice for such expense, or any portion thereof, shall be forwarded to the Responsible Party. The Responsible Party shall pay such invoice within thirty (30) days of receipt of the bill. For any amounts due that remain unpaid after ninety (90) days, -10-

15 the Township may place the invoiced amount, including a late charge of one percent (1%) per month, or fraction thereof, as a lien on property owned by the Responsible Party. The lien shall be placed on the Township s next tax roll. (b) Other Remedies. The Township may pursue any other remedy, or may institute any appropriate action or proceeding, in a court of competent jurisdiction to collect charges imposed under this Ordinance. The recovery of charges imposed under this ordinance does not limit liability of responsible parties under local Ordinance or state or federal law, rule or regulation. [New Section 8A added 1/29/98 by Ord. No. 359; amended 1/27/99 by Ord. No. 376] Section 9. State Statutes. This Ordinance shall not be construed to prevent the disposal of trash or garbage pursuant to any statutes enacted by the State of Michigan by those licensed thereunder. Section 10. Effective Date. This Ordinance shall be in full force and effect from and after the fifteenth (15 th ) day of May

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17 ORDINANCE NO. 20 GRAND RAPIDS TOWNSHIP DISORDERLY CONDUCT ORDINANCE AN ORDINANCE TO PROHIBIT DISORDERLY CONDUCT AND OTHER MISCELLANEOUS OFFENSES WITHIN GRAND RAPIDS TOWNSHIP AND TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE. Section 1. Definitions. The term APublic as used in this chapter shall mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public, or to which the public has access within Grand Rapids Township. Section 2. Acts Prohibited. No person shall: (a) (b) (c) public place. Commit an assault, or an assault and battery on any person. Engage in any disturbance, fight or quarrel in a public place. Be drunk in any public place or under the influence of any narcotic drug in any place. (d) Engage in any indecent insulting, immoral, or obscene conduct in any public (e) Insult, accost, molest, or otherwise annoy, either by word of mouth, sign or motion, any person in any public place. (f) Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds for unlawful mischievous purposes in any public place to the annoyance or inconvenience of others. (g) Jostle or roughly crowd persons in any street, alley, park or public building. (h) Loiter on any street or sidewalk or in any park or public building or conduct himself in any public place so as to obstruct the free and interrupted passage of the public. -13-

18 (i) Willfully destroy, remove, damage, alter or in any manner deface any property not his or her own. (j) (k) (l) (m) (n) Beg in any public place. Engage in peeping in the windows of any inhabited place. Swim or bathe in any public place in the nude. Make any immoral exhibition or indecent exposure of his or her person. Engage in any act of prostitution or gross indecency. (o) Solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act. (p) Attend, frequent, operate or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor or narcotics, or where any other illegal business or occupation is conducted. (q) Disturb the public peace by loud, boisterous, or vulgar conduct. (r) Permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous, or disorderly persons. (s) Obstruct, resist, hinder or oppose any member of the police force, or any officer in the discharge of his duties as such. (t) Knowingly furnish to any police officer or other official a false name, false address or false information in connection with any arrest or investigation. (u) Knowingly make to any police officer a fictitious report of the purported commission of any crime or misdemeanor. (v) Trespass or unlawfully remain upon the premises of another to the annoyance or disturbance of the lawful occupant or his agent. (w) Prowl about on the private premises of any other person in the night-time without authority or the permission of the owner of such premises. -14-

19 (x) Throw or propel any snowball, missile or object from any moving automobile. (z) Minor in possession of alcoholic liquors: No person under the age of eighteen (18) years shall purchase, or knowingly possess or transport any alcoholic liquor, or knowingly possess, transport, or have under his control in any motor vehicle any alcoholic liquor unless said person is employed by a licensee as defined in Public Acts 1952, No. 227, as amended, and is possessing, transporting or having such alcoholic liquor in a motor vehicle under his control during regular working hours and in the course of his employment. Section 3. Penalties. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed Five Hundred Dollars ($500.00) together with court costs, in the discretion of the court. Section 4. Effective Date. This Ordinance shall be effective July 16,

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21 ORDINANCE NO. 21 GRAND RAPIDS TOWNSHIP OUTDOOR ASSEMBLY ORDINANCE AN ORDINANCE TO LICENSE AND REGULATE, IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE, OUTDOOR GATHERINGS OF PERSONS WITHIN GRAND RAPIDS TOWNSHIP IN EXCESS OF 100 IN NUMBER AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF GRAND RAPIDS TOWNSHIP ORDAINS: Section 1. Preamble. The Township Board of Grand Rapids Township finds and declares that the interest of the public health, safety and welfare of the citizens of the Township require the regulation and licensing of assemblages of large numbers of people in excess of those normally drawing upon the health, sanitation, fire, police, transportation, utility and other public services regularly provided in this Township. Section 2. Definitions. (a) means any person who is admitted to an outdoor assembly whether admission is granted in consideration of the payment of money rendering of services or freely. (b) AEffective the effective date of a license shall be 12:00 noon of the day preceding the day attendants are first allowed upon the premises. (c) Ordinance. ALicensee@ means any person to whom a license is issued pursuant to this (d) AOutdoor Assembly@ or Aassembly@ means any event attended by more than 100 attendants, all or any part of which includes a theatrical exhibition, public show, display entertainment, amusement or other exhibition, but does not include any event held entirely within the confines of a permanently enclosed structure or a parade. (e) APerson@ means any natural person, partnership corporation, association or organization. -17-

22 (f) means any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly. Section 3. Prohibition. A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in Grand Rapids Township unless he shall have first made application for and obtained a license for each such assembly. Section 4. License Application. Application for a license to conduct an outdoor assembly must be made in writing and submitted to the Clerk of the Township at least 45 days prior the proposed effective date. The application shall include at least the following information: (a) The name, age, residence and mailing address of the person making the application. (Where the person making the application is a partnership, corporation or other association, this information shall be provided for all partners, officers and directors, or members.) (b) A statement of the character and type of proposed assembly. (c) The address and legal description of the premises upon which the proposed assembly is to be conducted. Where ownership is not vested in the prospective licensee, he shall submit evidence of his right to use the premises for the proposed assembly. (d) conducted. The date or dates and hours during which the proposed assembly is to be (e) A statement of the maximum number of people who will be in attendance at the assembly for each day it is conducted and a detailed explanation of the evidence of admission which will be used and of the method used to determine the number of attendants. (f) Proof that the minimum requirements called for by Section 8 of this Ordinance have been complied with or a statement that proof of compliance with those requirements will be filed with the Clerk not later than ten (10) days prior to the proposed effective date. Section 5. Within 30 days of the filing of the application, the Township Board shall issue, set conditions prerequisite to the issuance of, or deny, the license. Where conditions are imposed as prerequisites to the issuance of a license, or where a license is denied, within 5 days of such action, notice thereof shall be mailed to the applicant by certified mail, and, in the case of denial, the reasons therefore shall be stated in the notice. -18-

23 Section 6. A license may be denied, suspended or revoked if: (a) The applicant fails to comply with any or all requirements of this Ordinance, or with any or all conditions imposed pursuant hereto, or with any other applicable provision of state or local law; or, (b) The applicant has knowingly made a false, misleading, or fraudulent statement in the application or in any supporting document. Section 7. A license shall specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendants permissible, the duration of the license and any other conditions imposed pursuant to this Ordinance. It shall be posted in a conspicuous place upon the premises of the assembly and shall not be transferred to any other person or location. Section 8. Minimum Health and Safety Requirements. No assembly shall be conducted unless the following provisions have been complied with: (a) Fencing. The premises shall be completely enclosed by a fence of sufficient height and strength to preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located to provide ready and safe ingress and egress. (b) Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, and in no case shall he provide less than one automobile space for every four (4) attendants. (c) Food Service. If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of Act 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state law or local ordinance. (d) Medical Facilities. If the assembly is intended to last more than 14 hours and the maximum number of attendants exceeds 2,000, the licensee shall provide adequate emergency medical facilities on the premises of the assembly. (e) Liquid Waste Disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the Township. If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be -19-

24 licensed in accordance with Act 243, Public Acts of 1951, and the rules and regulations adopted pursuant thereto, and the licensee shall provide the Township with a true copy of an executed agreement in force and effect with a licensed pumper or hauler, which agreement will assure proper effective and frequent removal of liquid waste from the premises so as to neither create nor cause a nuisance or menace to the public health. (f) Solid Waste Disposal. The licensee shall provide for solid waste storage on, and removal from, the premises. Storage shall be in covered containers provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the Township with a true copy of an executed agreement in force and effect with a licensed refuse collector, which agreement shall assure proper, effective and frequent removal of solid waste from the premises so as to neither create nor cause a nuisance or menace to the public health. (g) Access and Traffic Control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off the premises. Access to the premises shall be from a highway or road which is part of the county system of highways or which is a highway maintained by the State of Michigan. Traffic lanes and other space shall be provided upon the premises and kept open for access by ambulances, fire equipment, and other emergency vehicles. (h) Camping and Trailer Parking. If attendants are permitted to remain on the premises between the hours of 2 a.m. and 6 a.m. camping and trailer parking facilities shall be provided on the premises in accordance with Act 171, Public Acts of 1970, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provisions of state law and local ordinances. (i) Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $100,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by the Commissioner of Insurance of the State of Michigan, which insurance shall insure the licensee against liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. (j) Bathing Facilities. Where the assembly is to continue for more than 36 hours, the licensee shall provide shower facilities, sufficient to provide one shower head for each 100 male attendants and one shower head for each 100 female attendants. -20-

25 Section 9. Whenever the duration and size of the proposed assembly shall be such as to reasonably require them, the Board may impose the following conditions and restrictions as prerequisites to the issuance of a license: (a) Security Personnel. Provisions for such security personnel as are necessary to provide for adequate protection of the maximum number of attendants at the assembly and for the preservation of order and protection of property in and around the site of the assembly. (b) Water Facilities. Provisions for portable water, sufficient in quantity and pressure to assure that adequate amounts are available under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source constructed, located, and approved in accordance with Act 294, Public Acts of 1965, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, or from a source delivered and stored in a manner approved by the Township health officer. (c) Restroom and Lavatory Facilities. Provisions for separate enclosed restroom facilities constructed in accordance with Act 266, Public Acts of 1929, and the rules and regulations adopted pursuant thereto or if such facilities are not available, other facilities which are in compliance with Act 273, Public Acts of 1939, and the rules and regulations adopted pursuant thereto and adequate lavatory facilities constructed, installed and maintained in accordance with Act 266 of the Public Acts of 1929, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state law or local ordinance. All lavatories shall be provided with soap and paper towels. (d) Miscellaneous. Prior to the issuance of a license, the Township may impose any other conditions, reasonably calculated to protect the health, safety, welfare and property of attendants or of citizens of the Township. Section 10. (a) provided. Violations. It shall be unlawful for a licensee, his employees, or agents, to: Conduct or operate an assembly without first obtaining a license as herein (b) Conduct or operate an assembly in such a manner as to create a public or private nuisance. (c) Conduct or permit, within the assembly, any obscene display, exhibition, show, play, entertainment or amusement. -21-

26 (d) Permit any person on the premises to cause or create a disturbance by obscene or disorderly conduct. (e) Permit any person to unlawfully consume, sell, or possess, intoxicating liquor while on the premises. (f) Permit any person to unlawfully use, sell, or possess any narcotics, narcotic drugs, drugs or other substances as defined in Act 343, Public Acts of Any of the above enumerated violations is a separate offense, is a nuisance per se immediately enjoinable in the circuit court, and is punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $ or by both such fine and imprisonment. It is further provided that any of the above violations is a sufficient basis for revocation of the license and for immediately enjoining further conduct of the assembly. Section 11. Nothing contained in this Ordinance shall be construed to repeal any other ordinance of the Township, and all other ordinances, including the Grand Rapids Township Zoning Ordinance, shall continue to apply to the conduct of outdoor assemblies. Section 12. Severability. If any portion of this Ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of this Ordinance which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end this Ordinance is declared to be severable. Section 13. Effective Date. This Ordinance shall be effective August 24,

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28 ORDINANCE NO. 203 GRAND RAPIDS CHARTER TOWNSHIP ANIMAL CONTROL ORDINANCE ARTICLE I - General 1. It is deemed by the Charter Township of Grand Rapids that the ownership of an animal is a privilege which carries with it responsibilities to the Township and residents with regard to the care and custody of said animal. It is the intent of the Ordinance to protect the people of Grand Rapids Charter Township from problems caused by unrestrained or annoying animals. 2. This Ordinance shall be known as, and may be cited and referred to as AThe Animal Control Ordinance of Grand Rapids Charter Township.@ 3. If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance. [Original Section 3 repealed and former Section 4 renumbered as Section 3 8/4/99 by Ord. No. 383] ARTICLE II - Definitions 1. Definitions. Whenever, in this Ordinance, the following terms are used they shall have the meaning as described to them in this article, unless it is apparent from the context thereof that some other meaning is intended. 2. Animal. As used in this Ordinance animal shall mean dog, cat, bird, reptile, mammal, fish or any other dumb creature. 3. Animal Control Officer. The Animal Control Officer shall mean the agent of the Kent County Department of Animal Control or any other officers designated for such duties by the Township. 4. Animal Shelter. The Animal Shelter may mean either Kent County Animal Shelter or the Humane Society of Kent County. 5. Township. As used in this Ordinance shall mean the Charter Township of Grand Rapids. 6. County. As used in this Ordinance shall mean the County of Kent. -24-

29 7. Director. As used in this Ordinance shall refer to the director of the Kent County Department of Animal Control. 8. Department. As used in this Ordinance shall refer to the Kent County Department of Animal Control. 9. Impounded. If any animal pursuant to this Ordinance or any statute has been received into the custody of any animal shelter, such animal will have been as that word is used in this Ordinance. 10. Owner. Owner when applied to the proprietorship of an animal means every person having a right of property in the animal, or every person who keeps or harbors the animal or has it in his care, or every person who permits the animal to remain on or about any premises occupied by him. For the purposes of this act any person keeping or harboring any animal for seven consecutive days shall be deemed the owner thereof within the meaning of this ordinance. 11. Person. Includes an individual, partnership, corporation, trust, and any association of persons. ARTICLE III - Dogs 1. Licenses. All dogs over the age of 6 months within the Township shall at all times be currently licensed in accordance with the requirements of State Law and of the County Animal Control Ordinance. A License tag issued by the County shall be securely affixed to a collar, harness, or other device which shall be worn by the dog at all times unless the dog is within the confines of the residence of the owner or of a dog run or other secure enclosure on the owner=s premises. 2. Limit on Number of Dogs. No person shall have within his care, custody or control within the Township more than 3 dogs other than dogs under 6 months of age born to a female under the care, custody or control of such person, provided that this provision shall not be construed to require any person to dispose of any licensed dog owned by such person at the effective date of this Ordinance. This limit on the number of dogs shall not apply in townships permitting kennel licenses if such kennel complies with existing County and State Laws. 3. Barking Dogs. No person owning or having charge, care, custody or control of a dog shall permit such dog at any time, by loud or frequent or habitual barking, yelping or -25-

30 howling, to cause annoyance to people in the neighborhood or to persons utilizing the public walks or streets of the neighborhood. 4. Dogs Running at Large. No person owning or having charge, care, custody or control of any dog shall cause, permit, or allow the same to run at large or to be upon any highway, street, lane, alley, court, or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody, or control of such dog, within the Township, unless such dog is restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody, or control of a person with the ability to restrain it. 5. Female Dogs in Heat. No person owning or having charge, care, custody or control of an unspayed female dog shall permit such dog to be or to run at large during the copulative season (i.e., when said dog is in heat as that term is commonly understood) unless such dog shall be restrained as provided in number 4 above at all times other than when the dog is within the confines of the residence of the owner or of a dog run or other secure enclosure on the owner=s premises. ARTICLE IV - Vicious Animals 1. A vicious animal shall at all times when not securely confined be securely muzzled and led by a leash. Any animal shall be deemed vicious which has bitten a person or domestic animal without molestation, or, which by its actions, gives indications that it is liable to bite any person or domestic animal without molestation. 2. Prosecutions. On sworn complaint that any one of the following facts exist: (1) That any animal has attacked or bitten a person; (2) That any animal shows vicious habits or molests passers-by when lawfully on the public highways; The County may secure a summons against the owner of said animal commanding him to appear and show cause why said animal should not be ordered to be confined or destroyed. Upon such hearing, the District Court shall proceed to determine whether it shows vicious habits or molests passers-by when lawfully on the public highway, and if the Court shall so find, it shall forthwith either order said animal confined to the premises of the owner or shall order the Director of Animal Control to cause said animal to be destroyed or shall enter such other order relative to the care of such animal as the Court shall determine to be appropriate. -26-

31 3. Civil Liability. Nothing in this Chapter shall be construed as limiting the common law liability of the owner of an animal for damages committed by it. 4. [Section 4 repealed 8/4/99 by Ord. No. 383] ARTICLE V - Kennels 1. Each person having a kennel shall have a valid kennel license from the Kent County Treasurer. 2. Each kennel must be inspected and approved by the Kent County Director of Animal Control or his agents on an annual basis. 3. If dog kennel runs shall be on concrete, they must provide adequate draining for sanitation. If sand or pea gravel is used, droppings must be picked up and disposed of promptly and the runs treated regularly with an effective disinfectant. Runs made of other materials require special approval from the Director of Animal Control. 4. If at any time the Township Board determines that it is not in the interest of the community to permit a kennel license, such license may be revoked. 5. If at any time the Township Board determines it is in the interest of the community to change the conditions of licensure, such conditions may be changed after reasonable notice. Section 2. This Ordinance shall be effective on March 1, ARTICLE VI SANCTIONS 1. Municipal Civil Infraction. Any person who violates an order to confine an animal owned by the person to the person s premises pursuant to the provisions of this Ordinance, or who shall, on demand, refuse to surrender any animal owned by the person to avoid the destruction thereof pursuant to any order made under this Ordinance, or who violates any other provision of this Ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00, plus costs and other sanctions, for each violation (as authorized by Section 21 of Act No. 359 of the Public Acts of 1947, as amended, and the Grand Rapids Charter Township Municipal Civil Infraction Ordinance). 2. Repeat Offenses. Repeat offenses under this Ordinance shall be subject to -27-

32 increased fines as provided by this Section, below. As used in this Section repeat offense means a second (or any subsequent) violation of the same requirement or provision of this Ordinance (i) committed by a person within any 90 day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows: (a) The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs. (b) The fine for any offense which is a second repeat offense, or any subsequent repeat offense, shall be not less than $ each, plus costs. 3. Continuing Violation. Each day on which any violation of this Ordinance occurs or continues constitutes a separate offense subject to separate sanctions. 4. Designated Official. The Building Inspector is hereby designated as the authorized township official to issue municipal civil infraction citations for violations of this Ordinance, as provided by the Grand Rapids Charter Township Municipal Civil Infraction Ordinance. As used in this Ordinance, Building Inspector means the township official, employee, agent or other entity appointed by resolution of the Township Board to perform the functions and tasks assigned by this Ordinance to the Building Inspector. 5. Additional Remedies. In addition to any remedies available at law, the township may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this Ordinance. [New Article VI added 8/4/99 by Ord. No. 383] 6. Effective Date. This ordinance shall become effective immediately upon publication in a newspaper in general circulation within the Charter Township of Grand Rapids. -28-

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34 ORDINANCE NO. 269 GRAND RAPIDS TOWNSHIP INOPERABLE MOTOR VEHICLE ORDINANCE AN ORDINANCE TO REGULATE THE OUTDOOR STORAGE OF INOPERABLE MOTOR VEHICLES IN THE TOWNSHIP OF GRAND RAPIDS AND TO PROVIDE FOR THE ISSUANCE OF PERMITS AND TO PROVIDE FOR PENALTIES FOR THE VIOLATION HEREOF. PURSUANT TO THE AUTHORITY OF ACT 246 OF THE PUBLIC ACTS OF 1945 OF THE STATE OF MICHIGAN, AS AMENDED, THE TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. Storage of Inoperable Motor Vehicles or Parts Thereof. It is hereby declared to be unlawful for any person, firm or corporation to store, place or permit to be stored or placed, any inoperable motor vehicles or any part or parts of a motor vehicle on land located in the Township of Grand Rapids, except as the same may be permitted under the provisions of the Zoning Ordinance of the Township of Grand Rapids, unless said inoperable motor vehicle or part or parts of a motor vehicle shall be kept in a wholly enclosed and roofed garage or other wholly enclosed and roofed building; provided, however, that any owner or occupant of said land may store or permit to be stored one (1) such inoperable motor vehicle for a period of not to exceed forty-eight (48) hours if such a motor vehicle is registered in his, her or its name; and provided further, that any such owner or occupant, in the event of hardship and upon payment of the fee hereinafter provided, may secure a permit from the Building Inspector of the Township of Grand Rapids to extend such period of forty-eight (48) hours for an additional period of not to exceed one (1) week for any one (1) such inoperable motor vehicle. This Ordinance shall not be construed to permit the parking or placing of inoperable motor vehicles on any street in the Township or in any front yard as such is defined by the Zoning Ordinance of the Township of Grand Rapids. Section 2. Permits. Upon application duly made by the registered owner of a motor vehicle and upon a showing of hardship, which hardship can be eliminated by an extension of time as herein permitted, the Building Inspector of the Township of Grand Rapids is hereby authorized to issue a permit as provided in Section 1. hereof. No such permit shall be granted for more than one (1) week for any motor vehicle. A fee of One Dollar ($1.00) shall be collected for each such permit so issued, and shall be paid into the general fund. Section 3. Definitions. -30-

35 (a) Motor vehicle is hereby defined as any wheeled vehicle which is or is intended to be operable as a self-propelled vehicle. (b) An inoperable motor vehicle is defined as a motor vehicle which does not bear valid registration plates as required by the Michigan Vehicle Code (MCLA et seq.; MSA et seq.) or which by any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power, or is unsafe for operation on the streets and highways of this State due to inability to comply with the Michigan Vehicle Code (MCLA et seq.; MSA et seq.). Section 4. Construction. This Ordinance shall not be construed as repealing any ordinance now in effect or hereafter made effective relating to the keeping of rubbish, litter, garbage refuse, trash or junk, but shall be construed as supplementary to any such ordinances as well as to any statutes of the State of Michigan relating thereto. Section 5. Nuisance. The presence of an inoperable motor vehicle or parts of a motor vehicle in violation of the terms of this Ordinance is hereby declared to be a public nuisance. Section 6. Municipal Civil Infraction (a) Any person who violates any provision of this Ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00, plus costs and other sanctions, for each violation (as authorized by Section 21 of Act No. 359 of the Public Acts of 1947, as amended, and the Grand Rapids Charter Township Municipal Civil Infraction Ordinance). (b) Repeat offenses under this Ordinance shall be subject to increased fines as provided by this Section, below. As used in this Section, Arepeat offense@ means a second (or any subsequent) violation of the same requirement or provision of this Ordinance (i) committed by a person within any 90 day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows: (1) The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs. (2) The fine for any offense which is a second repeat offense, or any subsequent repeat offense, shall be not less than $500.00, plus costs. -31-