Ordinances & Code Enforcement

THE VILLAGE OF WALDRON ORDAINS:

This ordinance shall be known as the Code of Ordinances Adopting Ordinance Code and may be so sited.

Section 2. Adoption of Code of Ordinances

The Code entitled “Code of Ordinances, Village of Waldron, Michigan” consisting of chapters 1 thru 5, each inclusive, is adopted.

Section 3. Repealer

All ordinances of a general and permanent nature enacted on or before November 12, 2013, and not included in the Code or recognized and continued in force by reference therein are repealed.

Section 4. Prior Ordinances Not Revised

The repeal provided for in the preceding section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 5. Code Additions or Amendments

Additions or amendments to the Code when passed in such form as to indicate the intention of the Village Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Inspection and Availability

Copies of the new Code of the Village of Waldron, Michigan are available for inspection in the office of the Village Clerk during regular office hours. A copy of the new Code of the Village of Waldron, Michigan may be obtained by the public at a reasonable charge both before and after the effective date of this adopting ordinance.

Section 7. Later Ordinances

Ordinances adopted after the effective date of this ordinance that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 8. Effective Date

This ordinance and/or a summary of its regulatory effect and its effective date shall be published within fifteen (15) days of its passage as required by law. The Ordinance shall become effective upon publication.

Passed at a regular Village Council Meeting held on the 12^th day of November, 2013.

Sec. 1-1. Designation and Citation of Code

The ordinances embraced in this and the following chapters shall constitute and be designated the “Code of Ordinances, Village of Waldron, Michigan,” and may be so cited. Such ordinances may also be cited as the “Waldron Village Code.”

Sec. 1-2. Definition and Rules of Construction

The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law, shall be construed according to such meanings.

Council. The term “council” means the Village Council of the Village of Waldron, Michigan.

Civil Infraction. The term “civil infraction” means an act or omission prohibited by law which is not a crime and for which civil citations may be issued.

Code. The term “Code” means the Code of ordinances, Village of Waldron, Michigan as designated in Section 1-1, and as hereafter amended.

Computation of Time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period or a fixed or final day is a Saturday, Sunday, or legal holiday, the period or day is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction “and,” “or” or “either…or,” the conjunction shall be interpreted as follows:

The term “and” indicates that all the connected terms, conditions, provisions or events apply.
The term “or” indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
The term “either…or” indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term “county” means Hillsdale County, Michigan.

Crime. The term “crime” means an act or omission forbidden by law that is not designated as a civil infraction or municipal civil infraction and that is punishable upon conviction by any one or more of the following:

Imprisonment
Fine not designated a civil fine.
Other penal discipline.

Gender. Terms of one gender include the other gender.

Highway. The term “Highway” includes any street, alley, highway, avenue, or public place, or square, bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.

Includes, including. The terms “includes” and “including” are terms of enlargement and not of limitation or exclusive enumeration, and the use of the terms does not create a presumption that components not expressed are excluded.

May. The term “may” is to be construed as being permissive and not mandatory.

May not. The term “may not” states a prohibition.

MCL. The abbreviation “MCL” means the Michigan Compiled Laws, as amended.

Month. The term “month” means a calendar month.

Must. The term “must” is to be construed as being mandatory.

Number. The singular includes the plural and the plural includes the singular.

Oath, affirmation, sworn, affirmed. The term “oath” includes an affirmation in all cases where an affirmation may be substituted for an oath. In similar cases, the term “sworn” includes the term “affirmed.”

Owner. The term “owner,” as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person appearing on the assessment roll for the purpose of giving notice and billing.

Person. The term “person” means any individual, partnership, corporation, association, club, joint venture, estate, trust, limited liability company, or governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

Personal Property. The term “personal property” means any property other than real property.

Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively.

Premises. The term “premises,” as applied to real property, includes land and structures.

Property. The term “property” means real and personal property.

Public acts. References to public acts are references to the Public Acts of Michigan. (For example, a reference to Public Act No. 279 of 1909 is a reference to Act No. 279 of the Public Acts of Michigan of 1909.) Any reference to a public act, whether by act number or by short title, is a reference to the act as amended.

Real property, real estate, land, lands. The term “real property” includes lands, tenements and hereditaments.

Roadway. The term “roadway” means that portion of a street improved, designated or ordinarily used for vehicular traffic.

Shall. The term “shall” is to be construed as being mandatory.

Sidewalk. The term “sidewalk” means any portion of the street between the curb, or the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.

Signature, subscription. The terms “signature” and “subscription” include a mark when the person cannot write.

State. The term “state” means the State of Michigan.

Street. The term “street” means any street, alley, highway, avenue, or public place, or square, bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.

Swear. The term “swear” includes the term “affirm.”

Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

Week. The term “week” means seven consecutive days.

Written. The term “written” includes any representation of words, letters, symbols or figures.

Year. The term “year” means 12 consecutive months.

Sec. 1-3. Catch lines of sections; history notes; references.

( a ) The catch lines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catch line, is amended or reenacted.

( b ) The history or source notes that appear in parentheses after sections in this Code have no legal effect and only indicate legislative history. Cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

( c ) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.

Sec. 1-4. Effect of repeal of ordinances.

( a ) Unless specifically provided otherwise, the repeal of a repealing ordinance does not revive the ordinance originally repealed or impair the effect of any saving provision in it.

( b ) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any rights, privileges, suit, prosecution or proceeding pending at the time of the amendment or repeal.

Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language.

( a ) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from reprinted pages affected thereby.

( b ) Amendments to provisions of this Code may be made with the following language: “Section (chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows:… .”

( c ) If a new section, subdivision, division, article or chapter is to be added to the Code, the following language may be used: “Section (chapter, article, division, or subdivision, as appropriate) of the Code of Ordinances, Village of Waldron, Michigan, is hereby created to read as follows:… .”

( d ) All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by settling out the repealed provisions in full in the repealing ordinance.

Sec. 1-6. Supplementation of Code.

( a ) Supplements to this Code shall be prepared and printed whenever authorized or directed by the Village. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of this supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

( b ) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

( c ) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

(1) Arrange the material into appropriate organizational units

(2) Supply appropriate catch lines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catch lines, headings and titles or in any such catch lines, headings and titles already in the Code.

(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code.

(4) Where necessary to accommodate new material, change existing numbers as assigned to chapters, articles, divisions, subdivisions or sections.

(5) Change the words “this ordinance” or similar words to “this chapter,” “this article,” “this division,” “this subdivision,” “this section” or “sections ___ to ___” (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code.

(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code.

Sec. 1-7. Severability

If any provision of this Code or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of this Code that can be given effect without the invalid or unconstitutional provisions or application, and to this end the provisions of this Code are severable.

Sec. 1-8. Provisions deemed continuation of existing ordinances

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the Village relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

Sec. 1-9. Code does not affect prior offenses or rights.

( a ) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

( b ) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code.

Sec. 1-10. Certain ordinances not affected by Code.

( a ) Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of any ordinance:

( 1 ) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

( 2 ) Authorizing or approving any contract, deed, or agreement

( 3 ) Granting any right or franchise.

( 4 ) Making or approving any appropriation or budget.

( 5 ) Providing for the duties of Village officers or employees not codified in this Code.

( 6 ) Providing for salaries or other employee benefits.

( 7 ) Adopting or amending a comprehensive plan.

( 8 ) Levying or imposing any special assessment.

( 9 ) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street, sidewalk or alley.

( 10 ) Establishing the grade of any street or sidewalk.

( 11 ) Dedicating, accepting or vacating any plat or subdivision.

( 12 ) Not codified in this Code that levies, imposes or otherwise relates to taxes, exemptions from taxes and fees in lieu of taxes.

( 13 ) That is temporary, although general in effect.

( 14 ) That is special, although permanent in effect.

( 15 ) The purpose of which has been accomplished.

( b ) The ordinances or portions of ordinances designated in subsection (a) of this section shall continue in full force and effect to the same extent as if published at length in this Code.

Sec. 2-1. Appointment of Village Clerk

The Village clerk shall be as appointed by the Village council after nomination by the Village president. The Village president shall submit a nomination for the Village clerk position not less than thirty (30) days prior to the expiration of the present clerk’s term.

Sec. 2-2. Term of Office

The term of office for the Village clerk shall begin on October 1, after the clerk’s appointment and qualification and shall continue for a period of two years and until a successor has been appointed and qualified.

Sec. 2-3. BOCA Basic Building Code

Chapter 2, Section 2-3 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (08-11-2015)

The 2012 Michigan Building Code and the 2009 Michigan Residential Code as published by the International Code Council, having been adopted by the County of Hillsdale for county-wide implementation, is approved and adopted by reference herein to be implemented within the Village of Waldron.

Sec. 2-4. Sale of Public Grounds, Buildings, Real Estate, Parks & Markets

Chapter 2, Section 2-4 of the Code of Ordinances, Village of Waldron, Michigan, is hereby created to read as follows: (07-08-2014)

( a ) The council, by majority consent of the council members serving, may sell public grounds, public buildings, real estate and/or markets at public or private sale.

( b ) No public park shall be sold without the consent of a majority of the electors of the village voting on the question at an election.

ARTICLE 1 – IN GENERAL

Sec. 3-1. General Penalty; continued violations; schedule of civil fines.

( a ) In this section, the term “violation of this Code” means any of the following:

( 1 ) Doing an act that is prohibited or made or declared unlawful, an offense, or a violation by ordinance or by rule or regulation authorized by ordinance.

( 2 ) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

( 3 ) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, or a violation or by ordinance or by rule or regulation authorized by ordinance.

Whenever any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

( b ) Any provision of this Code that is made or declared to be a misdemeanor, civil infraction or municipal civil infraction is a violation of this Code.

( c ) In this section, the term “violation of this Code” does not include the failure of a Village officer or Village employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

( d ) Except as specifically provided otherwise by state law or Village ordinance, all violations of this Code are misdemeanors. Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this Code which substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 93 days, or by both such fine and imprisonment.

( e ) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations, each violation constitutes a separate offense.

( f ) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

( g ) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.

ARTICE II – CIVIL INFRACTIONS AND VIOLATIONS BUREAU

Sec. 3-2. Village of Waldron Civil Infractions and Violations Bureau

The Village of Waldron civil infractions and violations bureau having previously been created is hereby continued.

Sec. 3-3 Definitions:

( a ) “Act” means Act #236 of the Public Acts of 1961, as amended.
( b ) “Authorized Village Official” means a police officer/code enforcement officer or other personnel of the Village authorized by this Code or any other Village ordinance to issue municipal civil infraction citations.
( c ) “Municipal Civil Infraction” means an act or omission that is prohibited by any ordinance of the Village, but which is not a crime under the ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act #236 of the Public Acts of 1961 as amended. A municipal civil infraction is not a lesser included offense of a violation of any Village ordinance that is a criminal offense.
( d ) “Municipal Civil Infraction Citation” means a written complaint prepared by an authorized Village official and filed with the court, in those cases where the alleged violator either denies responsibility or admits responsibility with explanation following the issuance of a municipal civil infraction notice.
( e ) “Municipal Civil Infraction Violation Notice” means a written notice, prepared by an authorized Village official, directing a person to appear at the Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the Village, as authorized under Sections 8396 and 8707 (6) of the Act.

Sec. 3-4. Designation of Authorized Village Officials

( a ) Authorized Personnel. The following personnel have the authority to issue municipal civil infraction citations and municipal civil infraction violation notices directing the alleged violator to appear in District Court or at the Municipal Ordinance Violation Bureau:

- ( 1 ) Village police officers;
- ( 2 ) The village code enforcement officer;
- ( 3 ) Such other Village personnel authorized to issue municipal civil infraction citations or municipal civil infraction violation notices in the Village ordinance which is then being enforced.

Sec. 3-5. Issuance of Municipal Civil Infraction Citations

( a ) Municipal civil infraction citations shall be issued and served by authorized Village Officials as set out in this Code or in the Village ordinance which is then being enforced.

( b ) Time for appearance. The time for appearance specified in a municipal civil infraction citation shall be within a reasonable time after the citation is issued.

( c ) Place for appearance. The place for appearance specified in a municipal civil infraction citation shall be the Hillsdale County District Court.

( d ) Form; numbering; filing; copies. Each municipal civil infraction citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original municipal civil infraction citation shall be filed with the District Court. Copies of the municipal civil infraction citation shall be retained by the Village and issued to the alleged violator as provided by Section 8705 of the Act.

( e ) Citations treated as made under oath; requirements. A municipal civil infraction citation signed by an authorized Village official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief.”

( f ) Authorized official witnessing commission of infractions; requirements. An authorized Village official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.

( g ) Circumstances under which citation may be issued. An authorized Village official may issue a municipal civil infraction citation to a person if:

( 1 ) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or

( 2 ) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the prosecuting attorney or Village attorney approves, in writing, the issuance of this citation.

(h) Manner of service of citations. Municipal civil infraction citations shall be served by an authorized Village official as follows:

( 1 ) Except as otherwise provided within this ordinance, an authorized Village official shall personally serve a copy of a municipal civil infraction citation upon the alleged violator.

( 2 ) If the municipal civil infraction action involves the use or occupancy of land, a building, or other structure, a copy of the municipal civil infraction citation does not need to be personally served upon the alleged violator but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching a copy to the building or structure. In addition, a copy of the citation shall be sent by first class mail to the owners of the land, building or structure at the owner’s last known address.

Sec. 3-6. Municipal Civil Infractions; Fines, Continuing Violations, Injunctive Relief.

( a ) Civil fine. The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided herein, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 87 of the Act, as amended, and other applicable laws.

( b ) Amount of civil fine. The civil fine for a violation shall not be less than $50.00 nor more than $500.00, in the discretion of the court, together with costs of the action, which are not limited to the costs in ordinary civil actions and may include all expenses, direct and indirect, to which the Village has been put in connection with the municipal civil infraction, up until the entry of judgment and such other assessments and damages and expenses as are allowed by law.

( c ) Each day a separate violation. Each day that a violation is permitted to exist or continue shall constitute a separate violation.

( d ) Injunctive relief. In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation of the Village ordinance.

Chapter 3, Section 3-6 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to include the following: (01-12-2016)

( e ) Additional penalties. In addition to any other penalties assessed, the district court may issue and enforce any judgment, writ, or order necessary to enforce the ordinance.

Sec. 3-7. Contents of Municipal Civil Infraction Citation.

( a ) General contents. A municipal civil infraction citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.

( b ) Information regarding manner of response to citation. The municipal civil infraction citation shall inform the alleged violator that he/she may do one of the following:

( 1 ) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.

( 2 ) Admit responsibility for the municipal civil infraction “with explanation” by mail by the time specified for appearance or, in person, or by representation.

( 3 ) Deny responsibility for the municipal civil infraction by doing either of the following:

(i) appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the Village; or

(ii) appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.

Sec. 3-8. Information regarding effects of response to citation.

The municipal civil infraction citation shall also inform the alleged violator of all of the following:

( a ) That if the alleged violator desires to admit responsibility “with explanation” in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.

( b ) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for an appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.

( c ) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the Village.

( d ) That at an informal hearing, the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney.

( e ) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

Sec. 3-9. Notice regarding failure to appear.

The municipal civil infraction citation shall contain a notice in bold face type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in the entry of a default judgment against the alleged violator on the municipal civil infraction.

Sec. 3-10. Municipal Ordinance Violation Bureau Continued.

The Village of Waldron having heretofore established a Municipal Ordinance Violation Bureau, as authorized under Section 8396 of the Act (MCL 600.8396), to accept admissions of responsibility for municipal civil infractions in response to a municipal civil infraction notice issued as prescribed by this or any Village ordinance is hereby continued as herein set forth:

( a ) Location; supervision; employees rules and regulations. The Municipal Ordinance Violation Bureau shall be located at the Village hall or such other location in the city as may be hereafter designated by the Village council. All personnel of the bureau shall be Village employees. The Village council may, by resolution, designate bureau personnel and a bureau clerk with the duties prescribed herein and as otherwise may be designated by the Village council.

( b ) Disposition of violations. The Municipal Ordinance Violation Bureau may dispose of only a municipal civil infraction violation for which a municipal civil infraction violation notice (as compared with a citation) has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Municipal Violation Ordinance Bureau. Nothing in this ordinance shall prevent or restrict the Village from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction.

( c ) Limitation to accepting admissions of responsibility. The scope of the municipal Ordinance Violations Bureau’s authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Municipal Ordinance Violations Bureau shall not accept payment of a fine from a person who denies having committed the offense or who admits responsibility only with explanation, and in no event shall the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to an alleged violation. No person shall be required to dispose of a municipal civil infraction violation at the Municipal Ordinance Violation Bureau and may have the violation processed before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at the Municipal Ordinance Violations Bureau shall not prejudice the person or in any way diminish the person’s rights, privileges and protection accorded by law.

Chapter 3, Section 3-10, Subsection (d) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (01-12-2016)

( d ) Municipal civil infraction notices. Municipal civil infraction violation notices shall be issued and served by authorized Village officials under the same circumstances and upon the same persons as provided for the issuance of municipal civil infraction citations pursuant to Section 3-4 and Section 3-5. In addition to any other information required by this ordinance or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Municipal Ordinance Violations Bureau, the methods by which an appearance may be made, the address and telephone number of the Municipal Ordinance Violations Bureau, the hours during which the bureau is open, the amount of the fines scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.
( e ) Appearance; payment of fines and costs. An alleged violator receiving a municipal civil infraction violation notice shall appear at the Municipal Ordinance Violations Bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person or by representation. Unless a different schedule of civil fines is provided for by an applicable ordinance, the civil fines payable to the bureau upon admission of responsibility by persons served with a municipal civil infraction violation notice shall be determined pursuant to the following schedule as the same might from time to time be amended by Resolution of the Village Council on the basis of the dates of the violations(s):

First Offense $ 50.00 Second (same offense within 4 years) 125.00 Third (same offense within 4 years) 250.00 Subsequent (same offense within 4 years) 400.00

( f ) Procedure where admission of responsibility not made or fine not paid. If an authorized Village official issues and serves a municipal civil infraction violation notice, and if an admission of responsibility is not made, and the civil fine and costs, if any, prescribed by the schedule for the violation are not paid at the Municipal Ordinance Violations Bureau, a municipal civil infraction citation may be filed with the district court and a copy of the citation may be served by first class mail upon the alleged violator at the violator’s last known address. The citation filed with the court does not need to comply in all particulars with the requirements for citations as provided by Sections 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal civil infraction violation notice and shall fairly inform the violator how to respond to the citation.
( g ) Record and Accounting. The Bureau clerk or other designated Village official/employee shall retain a copy of all municipal civil infraction violation notices and shall account to the Village Council once a month or at such other intervals as the Village Council may require concerning the number of admissions for municipal civil infraction violation notices within the jurisdiction of the Bureau and the amount of fines/costs collected with respect to such violations. The civil fines/costs collected shall be delivered to the Village Treasurer in such intervals as the treasurer shall require, and shall be deposited in the general fund of the Village.

Chapter 3, Section 3-10, Subsection (h) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (01-12-2016)

( h ) Availability of Other Enforcement Options. Nothing in this ordinance shall be deemed to require the Village to initiate its municipal infraction ordinance enforcement activity through the issuance of an ordinance violation notice. As to each ordinance violation designated as a municipal civil infraction, the Village may, at its sole discretion, proceed directly with the issuance of a municipal civil infraction citation or take such other enforcement action as is authorized by law.
( i ) Severability. The provisions of this Article are hereby declared to be severable.

ARTICLE III – TRAFFIC

Sec. 3-11. Michigan vehicle code adopted by reference.

The Michigan Vehicle Code, Public Act 300 of 1949 (MCL 257.1 et seq.) including Section 625(1) ( c ) and all future amendments and revisions to the Michigan Vehicle Code when they are effective in this state are incorporated and adopted by reference. The Village shall not enforce any provisions of the Michigan Vehicle Code adopted by reference herein where a violation of the provision constitutes a felony or where a violation of the provision constitutes a misdemeanor with a maximum period of imprisonment greater than 93 days, except that the Village shall enforce Section 625(1) ( c ) of the Michigan Vehicle Code, 1949 PA 300, MCL 257.625, which shall be punishable by one or more of the following:

( a ) Community service for not more than 90 days.

( b ) Imprisonment for not more than 180 days.

( c ) A fine of not less than $200 nor more than $700.

Sec. 3-12. Adoption of Uniform Traffic Code by reference.

( a ) The Uniform Traffic Code for cities, townships and villages, promulgated by the director of state police and published in the Michigan Administrative Code as Michigan Administrative Code, 2002 MR20, in accordance with Public Act number 62 of 1956 (MCL 257.951 et seq.) and all amendments thereto is hereby adopted by reference as in this ordinance modified.

( b ) The purpose of such Code is to regulate the operation of vehicles, to provide for the regulation and use of streets, highways and alleys and other public and semi-public places within the Village of Waldron, and to provide penalties for the violations of the Code.

( c ) References in the Uniform Traffic Code for Michigan cities, townships and villages to “governmental unit” shall mean the Village of Waldron.

ARTICLE IV – OFFENSES

DIVISION 1 – NUISANCES AND OFFENSES AGAINST PUBLIC SAFETY

Article IV, Chapter 3, Sections 3-13 through 3-16 of the Code of Ordinances, Village of Waldron, Michigan, have been repealed: (01-12-2016)

Sec. 3-17. Causes of Blight or Blighting Factors.

It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. No person shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the Village owned, leased, rented or occupied by such person:

Article IV, Division 1, Chapter 3, Section 3-17, Sub-Section (a) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-12-2015)

( a ) The storage on any property of junk automobiles except in a completely enclosed building. For the purpose of this ordinance, the term “junk automobiles” shall include any motor vehicle which is inoperative for any reason for a period in excess of sixty (60) days including a vehicle which is not in operation for lack of a license. Excepted from the provisions of this sub-paragraph are unlicensed, but operative vehicles which are in process of repair at a State of Michigan licensed automotive repair business, so long as such vehicles are repaired and removed from the business premises or moved into a completely closed building within sixty (60) days from the date they are first stored on the business premises. Also excepted from the provisions of this sub-paragraph are unlicensed, but operative vehicles that are kept as stock in trade of a properly licensed and established new or used automobile dealer.

( b ) The storage on any property of building materials unless there is in force a valid building permit for construction upon the property and said building materials are intended for use in connection with such construction. Building materials shall include, but shall not be limited to: lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.

( c ) The storage or accumulation of junk trash, rubbish or refuse of any kind, except domestic refuse stored in such a manner so as not to create a nuisance for a period not to exceed thirty (30) days. The term “junk” shall include parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or other material, old tires or other cast-off material of any kind, whether or not the same could be put to any reasonable use.

( d ) The existence of any structure or damaged partial structure which, because of fire, wind or other natural disaster, and physical deterioration is no longer habitable as a dwelling nor useful for any purpose for which it may have been intended.

( e ) The existence of any vacant building, garage or other out-building unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals.

( f ) The existence of any incomplete structure unless structure is in the course of construction in accordance with a valid and subsisting building permit issued by the County unless such construction is completed within a reasonable time.

Sec. 3-18. Elimination of Blight.

Consistent with the letter and spirit of Act #344 of the Public Acts of Michigan for 1945 as amended, it is the purpose of this ordinance to prevent, reduce or eliminate blight or potential blight in the Village of Waldron by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the Village.

Sec. 3-19. Removal of Junk Automobile or Abandoned Vehicle, or Parts of Either.

The Village of Waldron Council or a designated representative may remove or cause to be removed any junk automobile or abandoned vehicle, or parts of either, from any unenclosed private property after having notified, in writing, the owner or occupant of such property of their intention to do so at least 48 hours prior to such removal. Such notice shall be served personally upon the owner or occupant of the property, if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. Such junk automobiles or abandoned vehicles, or parts of either, shall be removed to the automobile pound and disposed of in accordance with law. Such removal by the Village Council or designated representative shall not excuse or relieve any person of the obligation imposed by this ordinance to keep his property free from storage or accumulation of junk automobiles or abandoned vehicles, or parts of either, nor from the penalties for violation thereof.

Sec. 3-20. Burning.

Incineration of waste material, refuse, leaves, paper or other combustible debris outside of a building or structure in any area of the Village shall be permitted if done in accordance with the following rules:

( a ) No such burning may be done within fifteen (15) feet of an existing building or upon the paved portion of any street or any place which would constitute a fire hazard.

( b ) Any such burning shall be done in a suitable fireproof incinerating receptacle which is constructed so as to prohibit the spread of sparks or embers.

( c ) No such burning shall be done prior to 7:00 a.m. and must not be continued after 8:00 p.m. on any day.

( d ) No burning shall be done unless under the charge and supervision of a person of mature years and discretion.

( e ) No such burning shall be done at any time or place which wind conditions would create, or be apt to create, a nuisance to anyone or to the property of anyone in the vicinity thereof, or be a danger to the property of any person in the vicinity thereof.

( f ) No such burning shall be done where the maximum size is not controllable by one person of mature years and discretion.

Chapter 3, Section 3-20 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to include the following: (01-12-2016)

( g ) Payment of costs associated with an uncontrolled burn that results in the necessity of a fire department response will be the responsibility of the person responsible for the burning.

Sec. 3-21. Nuisance.

Article IV, Division 1, Chapter 3, Section 3-21 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-12-2015)

( a ) It shall be a nuisance and unlawful for any person to burn, or allow to be burned, at any time or place, any materials of any kind which exude obnoxious odors and/or obnoxious smoke, or when such fire emits sparks or burning embers upon adjoining, adjacent, neighboring or nearby premises.

( b ) It shall be a nuisance and unlawful for any person to permit accumulation of trash materials or animal waste of any kind that exude obnoxious odors.

( c ) Nothing in this ordinance shall be construed to restrict any activities protected by the Michigan Right to Farm Act, MCL 286.471, et seq.

Sec. 3-22. Waste Receptacles and Storage.

No person owning or being responsible for any premises shall permit any wastepaper, ashes, oil, rags, waste rags, excelsior or any material of a similar nature to accumulate thereon unless contained in fireproof receptacles.

Sec. 3-23. Cutting of Grass and Weeds.

No person occupying any premises, and no person owning any unoccupied premises, shall permit or maintain on any such premises any growth of weeds, grass or other rank vegetation to a greater height than ten (10) inches on the average, or any accumulation of dead weeds, grass or brush. No such occupant or owner shall cause, suffer or allow poison ivy, ragweed or other noxious plants, or plants detrimental to health, to grow on any premises in such manner that any part of such ivy, ragweed, or other noxious or harmful weed shall extend upon, overhang or border any public place, or allow seed, pollen or other particles or emanations therefrom to be carried through the air into any public place.

Sec. 3-24. Duty of Occupant or Owner.

It shall be the duty of the occupant of every premises and the owner of unoccupied premises within the Village, to cut and remove or destroy by lawful means, all such weeds, grass, or rank, noxious or harmful vegetation as often as may be necessary to comply with the provisions of the preceding section.

Sec. 3-25. When Village to do Work.

Chapter 3, Section 3-25 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (01-12-2016)

If the provisions of Sections 3-23 or 3-24 of this division are not complied with, the street superintendent or his duly authorized representative shall notify the occupant, or owner of unoccupied premises to comply with the provisions of said sections. The notice shall require compliance within five (5) days after service of notice, and if notice is not complied with within the time limited, the occupant or owner shall be deemed to have violated this ordinance and in addition the street superintendent may cause such weeds, grass and other vegetation to be removed or destroyed and the cost of $120 per lot (66. X 132.) for cutting, removal or destruction plus twenty (20%) per cent for inspection and other additional cost in connection therewith, shall be collected as a special assessment against the premises as provided by law.

Sec. 3-26. Disposal of Brush.

Trees and brush belonging to the property owner that are contracted to be trimmed or cut down shall be disposed of at the property owner’s expense. Other brush conforming to the following criteria will be picked up by the Village. The street superintendent or his duly authorized representative shall make the determination if the brush to be picked up conforms to the following criteria:

( a ) Brush not larger than 3 inches in diameter and not longer than 6 feet in length.

( b ) All cut (butt) ends must be pointed toward the street.

( c ) Thorny materials and branches bundled in bundles no larger than one (1) foot.

( d ) Dirt and debris must be removed from plant structure and roots.

Sec. 3-27. Animals.

Chapter 3, Section 3-27 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (01-12-2016)

Definitions. The following terms, shall have the meanings set forth in this section:

( a ) The word “owner”, when applied to the proprietorship of an animal, shall include every person having a right of property in such animal and every person who keeps or harbors such an animal or has the animal in his care and every person who permits such animal to remain in or about any premises occupied by him.

( b ) “Reasonable Control of a Dog”, shall mean keeping a dog on a suitable leash or under the oral control of the owner or custodian or some other person with the permission of the owner or custodian, in all cases other than when upon the private property of the owner or when the dog is confined in a closed automobile, a closed pen or shipping receptacle.

Sec. 3-28. Animals and Fowl Not to Be Permitted at Large.

No person owning or having in his custody animals or fowl shall permit the same to go at large to the injury and annoyance of others nor shall such animals or fowl be permitted at large upon the streets or other public ways of the Village. Such action is declared to be a nuisance and dangerous to the public health and safety.

Sec. 3-29. Household Pets.

Article IV, Division 1, Section 3-29 of the Code of Ordinances, Village of Waldron, Michigan, has been repealed. (09-29-2015)

Sec. 3-30. Large Farm Animals.

Article IV, Division 1, Chapter 3, Section 3-30 of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-12-2015)

( a ) Large farm animals including, but not limited to the following are allowed in the Village limits: Bovine (cattle), Equine (horses), Porcine (pigs), Ovine (sheep), Caprine (goats); provided, however, that individual animal specimens are permitted ONLY at the rate of one (1) per acre on a minimum of five (5) acres for the first animal, and one (1) acre for each additional animal.

( b ) Nothing in this ordinance shall be construed to restrict any activities protected by the Michigan Right to Farm Act, MCL 286.471, et seq.

Sec. 3-31. Dogs Running at Large.

No person owning any dog shall permit such dog to be at large anytime in the Village in violation of any of the following restrictions:

( a ) No person shall keep a vicious dog. Any dog shall be deemed vicious, which has bitten a person or domestic animal without molestation or which by its actions has given indications that it is likely to bite any person or domestic animal without molestation.

( b ) No person who is the owner of any female dog shall permit or allow such female dog to go beyond the premises of such owner when the said dog is in heat.

( c ) No person who is the owner of any dog shall permit it to be unconfined unless under the reasonable control of some person.

( d ) No person who is the owner of any dog shall permit it to be unconfined at any time unless licensed as required by law and unless wearing its license tag.

( e ) No person shall own any dog, which by loud, frequent or habitual barking, yelping or howling shall cause annoyance to the people in the neighborhood.

( f ) No person shall keep any animal, bird or fowl, which, by causing frequent or habitual long continued noise so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, office, hotel or other type of residence or any persons in the vicinity.

Any person who shall have in his possession a dog which has contracted rabies or which has been subjected to the same or which is suspected of having rabies or which has bitten any person shall, upon demand of any police officer, sheriff’s officer, health officer or Village official, shall produce and surrender such dog to be held for observation.

Sec. 3-32. Enforcement and Penalties.

( a ) Any violation of any provision of this Division of Chapter 3 shall constitute a municipal civil infraction, upon a defendant being determined to be responsible or responsible with explanation for such a violation, the court shall impose a civil fine of not less than $50.00 nor more than $500.00, in the discretion of the court, together with costs of the action which may include all expenses, directly or indirectly, to which the Village has been put in connection with the municipal infraction, up to the entry of the Judgment. Costs of not more than $500.00 shall be ordered and, except as otherwise provided by law, shall be payable to the general fund of the Village. The imposition or payment of any municipal infraction penalty shall not prevent the Village from seeking injunctive relief as may be allowed by law. Each day that a violation is permitted to exist or continue shall constitute a separate violation.

( b ) This Division of Chapter 3 of the Village Code shall be enforced by the Village police department or by the Village code enforcement officer.

DIVISION 2 – DISORDERLY CONDUCT AND OFFENSES AGAINST THE PUBLIC PEACE

Sec. 3-33. Disorderly Conduct – Acts Prohibited.

No person shall:

( a ) Commit an assault, or an assault and battery of any person.

( b ) Endanger, directly, the safety of another person or property.

( c ) Be present in any public place with their ability to walk, talk, or see significantly impaired by the use of any controlled substance as defined by sections 7212 to 7220 of the Michigan Public Health Code (Article 7), as amended, provided, however, that this subsection shall not be construed to apply to a person whose faculties have been impaired by medication prescribed by a physician and taken as directed.

( d ) Discharge any firearm, air rifle, air pistol or bow and arrow in the Village, except when in connection with a regularly scheduled educational or training program under adequate supervision.

( e ) Fire, discharge, display or possess any fireworks except of the type and under the conditions permitted by Chapter 39 of the Penal Code of the State of Michigan, as last amended by Act 422 of the Public Acts of 1980.

( f ) Engage in peeping in the windows of any inhabited place.

( g ) Beg in any public place.

( h ) Swim or bathe in any public place without wearing proper apparel.

( i ) Utter vile, profane or obscene language in any public place.

( j ) Engage in fortune telling or pretend to tell fortunes for hire, gain, or reward.

( k ) Engage in any indecent, insulting, immoral, or obscene conduct in any public place.

( l ) Make any immoral exhibition or indecent exposure of his or her person.

( m ) Print, engrave, sell, offer for sale, give away, exhibit or publish, or have in his possession for any such purpose any obscene, lewd, lascivious, indecent or immodest book pamphlet, paper picture, cast statuary, image or representation or other article of an indecent or immoral nature, or any book, paper, print, circular or writing made up principally of pictures or stories of immodest deeds, lust, or crime, or exhibit any such article within the view of any passerby.

( n ) Improperly, lewdly or wrongfully accost, ogle, insult, annoy, follow, pursue, lay hands on, or by any gesture, movement of body or otherwise wrongfully molest any person in any public place or public vehicle.

( o ) Engage in any disturbance fight, or quarrel in a public place.

( p ) Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds for illegal or mischievous purposes in any public place.

( q ) Jostle or roughly crowd persons in any street, alley, park or public building.

( r ) 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 uninterrupted passage of the public.

( s ) Play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups thereon, for any purpose.

( t ) Engage in any act of prostitution.

( u ) Attend, frequent, operate or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor, or where any other illegal or immoral business or occupation is permitted or conducted.

( v ) Engage in prostitution, gambling, the illegal sale of intoxicating liquor, or any other illegal or immoral business or occupation. Proof of recent reputation for engaging in prostitution, gambling, illegal sale of intoxicating liquor, or other illegal or immoral occupation or business shall be prima-facie evidence of being engaged or occupied therein.

( w ) Solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act.

( x ) Knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, or allowed for the purpose of enabling such person to engage in gambling or in any illegal or immoral act.

( y ) Keep or maintain a gaming room, gaming tables, or any policy or pool tickets, used for gaming; or knowingly suffer a gaming room, gaming tables, or any policy or pool tickets to be kept, maintained, played or sold on any premises occupied or controlled by him.

( z ) Disturb the public peace and quiet by loud, boisterous, or vulgar conduct.

( aa ) Permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous, or disorderly persons.

( bb) Obstruct, resist, hinder, or oppose any member of the police force, or any peace officer in the discharge of his duties as such.

( cc ) Wander about the streets, either by day or night, or loiter in any public building, without any lawful means of support or without being able to give a satisfactory account of himself.

( dd ) Prowl about any alley or the private premises of any person in the nighttime, without authority or the permission of the owner of such premises.

( ee ) Spit on any sidewalk or on the floor or place of public assemblage.

( ff ) Wrongfully throw or propel any snowball, missile or object toward any moving automobile.

( gg ) Wrongfully throw or propel any snowball, missile or object toward any person or automobile.

( hh ) Willfully destroy, remove, damage, alter or in any manner deface any property not his own, or any public school building, or any public building, bridge, fire hydrant, alarm box, street lights, street sign, traffic control device, railroad sign or signal, or shade tree belonging to the Village or located in the public places of the Village, or mark or post handbills on, or in any manner mar the walls of, any public building, or fence, tree, or pole within the Village, or destroy, take, or meddle with any property belonging to the Village, or remove the same from the building or place where it may be kept, placed, or stored, without proper authority.

( ii ) Summon, as a joke or prank or otherwise without any good reason therefore, by telephone or otherwise, the Police or the Fire Department or any public or private ambulance to go to any address where the service called for is not needed.

( jj ) Go upon the lands of another or upon the right-of-way of any railroad company, or climb, stand in or upon any tree for the purpose of witnessing or looking at any football game, baseball game or other athletic sports or games whatsoever, without the consent and permission of the owner of any such tree.

( kk ) Make an improper noise, disturbance or riot, or engage in any illegal or improper diversion or aid or abet the commission of such acts, or encourage or promote the commission of such acts.

( ll ) Consume alcoholic liquor in any public place except in a business licensed to sell alcoholic liquor for consumption on the premises; nor shall a person who owns, operates or controls any such public establishment or store, permit the consumption of alcoholic liquor therein.

( mm ) Sound any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger signal; or create by means of any signal device an unreasonably loud or harsh sound; or sound a horn or signal device for an unnecessary and unreasonable period of time.

( nn ) Play any radio, television set, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours of 11:00 p.m. and 7:00 a.m., or at any other time and in any place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, office, hotel or other type of residence or of any persons in the vicinity.

( oo ) Yell, shout, hoot, whistle, sing or make any other loud noise in any public place between the hours of 11:00 p.m. and 7:00 a.m. or make any such noise at any time so as to disturb the quiet, comfort or repose of persons in any public place or in any dwelling, hotel or type of residence or of any persons in the vicinity.

Any violation of any provision of section 3-33 shall constitute a misdemeanor.

Sec. 3-34. Litter and Vandalism.

( a ) Definitions. As used in this section:

( 1 ) Litter. The term “litter” shall mean all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances of every kind and description.

( 2 ) Vandalism. The term “vandalism” shall mean any act of vandalism, or any unwanted destruction to property other than one’s own.

( b ) Littering Prohibited – It shall be unlawful for any person to litter or permit to be littered on any of the streets, alleys, sidewalks or other public places within the Village of Waldron by throwing, depositing, tracking, dropping, dumping or spilling any trash, paper, dirt, mud, ashes, sand, glass, leaves, garbage, debris or any commercial or industrial water or any polluted or contaminated waste or to deposit or cause the same to be deposited upon or permit the same to be accumulated upon any premises other than those designated as official disposal sites.

( c ) Vandalism Prohibited – It shall be unlawful for any person to commit any act of vandalism on any public building, place or street in the Village of Waldron, by ruthless, malicious or ignorant destruction or defacing of any such public building, place, sign, or street.

Sec. 3-35. Enforcement and penalties.

Any violation of Section 3-33 or 3-34 will constitute a misdemeanor offense punishable by a fine of not to exceed $500 and costs of prosecution, or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment. However, unless otherwise provided by law, a person convicted of a violation of Section 3-33 or 3-34 which substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is ninety three (93) days, shall be punished by a fine of not to exceed $500 and costs of prosecution, or by imprisonment for a period of not more than ninety three (93) days, or by both such fine and imprisonment.

Sec. 3-35. Curfew for Minors. (For the purposes of this ordinance, a minor is anyone under the age of 17 years.)

It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the Village of Waldron between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and between the hours of 12:01 a.m. and 6:00 a.m., Friday through Saturday unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with, or required by, some legitimate employment, trade, profession or occupation.

Sec. 3-36. Responsibility of Owners of Public Places.

It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of seventeen (17) between the hours of 12:01 a.m. and 6:00 a.m.

Sec. 3-37. Parents’ Responsibility.

It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of seventeen (17) to suffer or permit or, by inefficient control, to allow such person to be on the streets or sidewalks, or on, or in any public property or public place within the Village between the hours of 12:01 a.m. and 6:00 a.m. However, the provisions of this Section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by their parent, guardian, custodian or other adult having the care and custody of the minor or if the parent guardian or other adult person herein has made a mission person notification to the Code Enforcement Officer.

Sec. 3-38. Special Functions.

Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in Section 3-35 shall be exempt from the provisions of that section provided the church, school, club or other organization shall register, in advance, with the Village Code Enforcement Officer or his or her designate to have the minor stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one-half hour after the function is ended.

Sec. 3-39. Procedures.

( a ) Any police officer upon finding a minor in violation of this ordinance shall obtain the name and address of such minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall forthwith notify the parents, guardian or person having custody or control of such minor.

( b ) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.

Sec. 3-40. Penalties.

Any minor violating the provisions of Section 3-35 shall be dealt with in accordance with the Juvenile Court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor violating this ordinance shall, after having been previously notified under Section 3-39, be fined not more than One Hundred ($100) Dollars for each offense.

DIVISION 3 – MARIJUANA ESTABLISHMENTS

Sec. 3-1. Prohibition of Marihuana Establishments.

( a ) Pursuant to the provisions of Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act (the “Act), marihuana establishments, as defined by the Act, are completely prohibited within the boundaries of the Village of Waldron.

( b ) Any applicant for a state of local license to establish a marihuana establishment, as defined by the Act, within the boundaries of the Village of Waldron, shall be deemed to be not in compliance with this Ordinance or with the Code of Ordinances amended by this Ordinance.

( c ) This section does not supersede rights and obligations with respect to the transportation of marihuana through the Village of Waldron to the extent provided by the Act, and does not supersede rights and obligations under any other law of the State of Michigan.

( d ) A violation of this Ordinance shall constitute a municipal civil infraction.

Sec. 4-1. Necessity and desirability of continuing the Village of Waldron’s sanitary sewage disposal system.

It is hereby determined to be desirable and necessary for the public health, safety and welfare of the Village of Waldron that the Village of Waldron Sanitary Sewage Disposal system be operated by said Village on a public utility basis in accordance with the provisions of Act 94, Public Acts of Michigan, 1933, as amended and as herein provided:

( a ) Definitions. Whenever the words “the System” are referred to in this ordinance, they shall be understood to mean the complete Village of Waldron Sanitary Sewage Disposal System, including all sewers, pumps, lift stations, treatment facilities, and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto, and including all extensions and improvements thereto which may hereafter be acquired. Whenever the words “revenues” and “net revenues” are used in this ordinance, they shall be understood to have the meanings as defined in Section 3, Act 94, Public Acts of Michigan, 1933, as amended.

( b ) Supervision and Control of System. The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the Village Council. Said Council may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operation of the System and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the System.

( c ) Setting of Rates. Rates to be charged for service furnished by the System shall be set by resolution of the Village Council.

( d ) Prohibition against Free Service and Requirement to Connect to System. No free service shall be furnished by said system to any person, firm or corporation, public or private, or to any public agency or instrumentality.

( 1 ) The owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the boundaries served by the System and abutting any street, alley or right of way in which there is now located or, in the future, may be located a public sanitary sewer of the System are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance within sixty (60) days after date of official notice to do so.

( 2 ) All houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the Village of Waldron and located within two hundred (200) feet of the sewer system shall be required to connect to the sewer system.

( 3 ) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, the building sewer shall be connected to said sewer within sixty (60) days and the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel or similar material, or the system shall be completely removed. All costs for closeout of the private wastewater disposal system shall be borne by the owner of the property served.

( 4 ) No unauthorized person shall uncover, make any connections with or opening into, or use, alter or disturb any public sewer or appurtenances without first obtaining a written permit from the operator of the System.

( 5 ) Roof leaders, swimming pool drains, surface drains, ground water drains, foundation footing drains and other clear water drains shall be connected, wherever possible, with the storm sewer, but they shall not be connected to a building sewer which discharges into a sanitary sewer or private waste water treatment plant. All such connections existing at the time of passage of this ordinance shall thereafter be illegal. If storm water or clear water is being discharged into a sanitary sewer, the manager of the System shall give the offending person thirty (30) days notice to disconnect. Failure to disconnect after such notice shall authorize the operator of the System to cause disconnection and assessment of costs of such disconnection against the property involved. The operator of the System may, in the alternative, institute action for violation of this sub-section against the property involved.

( e ) Sufficiency of Rates. The rates hereby fixed are estimated to be sufficient to provide for the payment of the expenses of administration and to preserve the same in good repair and working order, to provide for the payment of the obligations of the Village, and to provide for such other expenditures and funds for said system as this ordinance may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.

( f ) Fiscal Year. The system shall be operated on the basis of a fiscal year commencing on March 1 and ending on the last day of February next following.

( g ) Election and Deposit of Revenues. The revenues of the System shall be set aside as collected and deposited in accordance with the flow of funds set forth in the conditions of the resolution authorizing the issuance of the Village Sewage Disposal system Revenue Bonds Series 2003 adopted by the Village Council on May 13, 2003 such resolution hereinafter referred to as the Bond Resolution.

( h ) Compliance with Bond Resolution. Grant/Loan funds shall be deposited and disbursed in accordance with the provisions of the Bond Resolution.

( i ) Allowable Investments. Moneys in any fund or account established by the provisions of this ordinance may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Act 94, Public Acts of Michigan, 1933, as amended. In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made. Income received from such investments shall be credited to the fund from which said investments were made and in compliance with the Bond Resolution.

( j ) Sewer Use Charges. Sewer use charges to each single-family residential premises served by the System shall be charged a flat ready to use fee and a fee per 1,000 gallons. These fees will be reviewed annually and set by council. Ready to use and per 1,000 gallon fees will be posted and maintained in the Village office.

( k ) Tap Charges. Each premises tapping into the System and securing therefrom sewer services shall pay, in cash, at the time of application for the tap, a charge in such amount as will compensate the Village for the cost of making and inspecting the tap and as established from time to time by resolution of the Village Council.

( l ) Special Rates. For miscellaneous or special services for which a special rate shall be established, such rates shall be fixed by the Village Council.

Chapter 4, Section 4-1, Subsection (m) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-12-2015)

( m ) Billing. Bills will be rendered monthly. Payments received after the due date shall bear a late fee charge of 10% of the current month’s bill.

Chapter 4, Section 4-1, Subsection (n) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-13-2014)

( n ) Enforcement. The Village shall have as security for the collection of sewer rates, or any assessment, or charges due or to become due, respectively, supplied to any house or other building or any premises, lot or lots, or parcel or parcels of land, a lien upon the house or other building and upon the premises, lot or lots, or parcel or parcels of land, upon which the house or other building is situated or to which sewage system service was supplied. This lien shall become effective immediately upon the provision of sewage system service to the premises or property supplied, but shall not be enforceable for more than three (3) years after it becomes effective. The lien herein created may be enforced by the Village in the manner prescribed by the general laws of the state providing for the enforcement of tax liens, or by an ordinance duly passed by the governing body of the Village. The official records of the Waldron Sanitary Sewage Disposal System shall constitute notice of the pendency of this lien. No lien shall arise if a lease has been legally executed containing a provision that the lessor shall not be liable for the payment of sewage system bills accruing subsequent to the filing of an affidavit. An affidavit with the payment of sewage system bills shall be filed with the official in charge of the Waldron Sanitary Sewage Disposal System and twenty (20) days notice shall be given by the lessor of any cancellation, change in, or termination of the lease. The affidavit shall contain a notation of the expiration of the lease. Upon the filing of the affidavit, no further sewage system services shall be provided to the premises until a cash deposit in the amount of $150, or such other amount as might from time to time be established by resolution of the Village Council, shall have been made as security for the payment of such charges and services.

In addition to the foregoing, the Village may discontinue sewage system service to any premises against which the lien created herein has accrued or for which a deposit has been paid if a person fails to pay the rates, assessments, charges or rentals for the service for more than sixty (60) days and may institute an action for the collection of the same in any court of competent jurisdiction and such service shall not be reestablished until all delinquent charges and penalties and a turn on charge, as established from time to time by resolution of the Village council, have been paid. The Village’s attempt to collect the rates, assessments, charges or rentals by any process shall not invalidate or waive the lien.

(o) Penalty. Any violation of the provisions of this ordinance shall constitute a misdemeanor punishable by a fine of up to $100.00 and/or imprisonment in the county jail for up to ninety (90) days. Each day a violation continues to exist shall constitute a separate offense. The foregoing fines and penalties shall be in addition to the right of termination of public water and/or sewer service to the violator and the right to obtain injunctive relief in a court of law.

( p ) Conflicting Provisions Repealed. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict, hereby repealed.

( q ) Severability. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.

Sec. 4-2. Supervision and Control of the Village of Waldron Water System.

The operation, maintenance, alteration, repair and management of the Water System (hereafter referred to as the System) shall be under the supervision and control of the Village council. Said council may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operation of the water system and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the System as herein provided:

( a ) Rates. Rates to be charged for service furnished by the System shall be set by resolution of the Village council.

( b ) Prohibition Against Free Service and Requirement to Connect to System. No free service shall be furnished by said system to any person, firm or corporation, public or private, or to any public agency or instrumentality.

( 1 ) The owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the boundaries served by the System and abutting any street, alley or right of way in which there is now located or may, in the future, be located a public Water system are hereby required, at their expense, to connect in accordance with the provisions of this ordinance within sixty (60) days after date of official notice to do so.

( 2 ) All houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the Village of Waldron and located within 200 feet of the System shall be required to connect to the water system.

( 3 ) No unauthorized person shall, make any connections with or opening into, or use, alter or disturb any public water system appurtenances without first obtaining a written permit from the operator of the System.

( c ) Sufficiency of Rate. The rates hereby fixed are estimated to be sufficient to provide for the expenses of administration and to preserve the same in good repair and working order, and to provide for such other expenditures and funds for said System as this ordinance may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.

( d ) Allowable Investments. Moneys may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Act 94, Public Acts of Michigan, 1933, as amended.

( e ) Water System Use Charges. Water use charges to each single-family residential premises served by the System shall be charged a flat ready to use fee and a fee per 1,000 gallons. These fees will be reviewed annually and set by council. Ready to use and per 1,000 gallon fees will be posted and maintained in the Village office.

( f ) Tap Charges. Each premises tapping into the System and securing there from services shall pay, in cash, at the time of application for the tap, a charge in such amount as will compensate the Village for the cost of making and inspecting the tap.

( g ) Special Rates. For miscellaneous or special services a special rate shall be established by the Village council.

Chapter 4, Section 4-2, Subsection (h) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-12-2015)

( h ) Billing. Bills will be rendered monthly. Payments received after the due date shall bear a late fee charge of 10% of the current month’s bill.

Chapter 4, Section 4-2, Subsection (i) of the Code of Ordinances, Village of Waldron, Michigan, is hereby amended to read as follows: (05-13-2014)

( i ) Enforcement. The village shall have as security for the collection of water rates, or any assessment, or charges due or to become due, respectively, for use or consumption of water supplied to any house or other building or any premises, lot or lots, or parcel or parcels of land, a lien upon the house or other building and upon the premises, lot or lots, or parcel or parcels of land, upon which the house or other building is situated or to which water was supplied. This lien shall become effective immediately upon the distribution of water to the premises or property supplied, but shall not be enforceable for more than three (3) years after it becomes effective. The lien herein created may be enforced by the Village in the manner prescribed by the general laws of the state providing for the enforcement of tax liens, or by an ordinance duly passed by the governing body of the Village. The official records of the Waldron Water system shall constitute notice of the pendency of this lien. No lien shall arise if a lease has been legally executed containing a provision that the lessor shall not be liable for the payment of water system bills accruing subsequent to the filing of an affidavit. An affidavit with respect to the execution of a lease containing the provision that the lessor is not liable for the payment of water system bills, shall be filed with the official in charge of the Waldron Water System and twenty (20) days notice shall be given by the lessor of any cancellation, change in, or termination of the lease. The affidavit shall contain a notation of the expiration of the lease. Upon the filing of the affidavit, no further water services shall be provided to the premises until a cash deposit in the amount of $150, or such other amount as might from time to time be established by resolution of the Village Council, shall have been made as security for the payment of such charges and services.

In addition to the foregoing, the Village may discontinue water service to any premises against which the lien created herein has accrued or for which a deposit has been paid if a person fails to pay the rates, assessments, charges or rentals for the service for more than sixty (60) days and may institute an action for the collection of the same in any court of competent jurisdiction and such service shall not be reestablished until all delinquent charges and penalties and a turn on charge, as established from time to time by resolution of the Village council, have been paid. The Village’s attempt to collect the rates, assessments, charges or rentals by any process shall not invalidate or waive the lien.

( j ) Penalty. Any violation of the provisions of this ordinance shall constitute a misdemeanor punishable by a fine of up to $100 and/or imprisonment in the county jail for up to ninety (90) days. Each day a violation continues to exist shall constitute a separate offense. The foregoing fines and penalties shall be in addition to the right of termination of public water and/or sewer service to the violator and the right to obtain injunctive relief in a court of law.

( k ) Conflicting Provisions Repealed. All ordinances, resolutions or orders, or parts thereof in conflict with the provisions of this ordinance are to the extent of such conflict, hereby repealed.

( l ) Severability. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.

Sec. 4-3. Construction and Maintenance of Sidewalks.

It shall be the duty of all owners and occupants of any lot or parcel of land fronting or being upon or along any public street in the Village of Waldron, to keep in repair and rebuild sidewalks in the same public street adjacent to and abutting upon each lot or parcel of land at such time, in such manner, and of such material as the Village council may from time to time direct and as herein provided:

( a ) Order to Consent. Whenever the Village council shall deem it expedient or necessary that a sidewalk should be constructed in and along the line and side of any public street in the Village or, the same having been constructed, shall deem that the same be repaired or rebuilt, the Village Council shall so declare by resolution which resolution shall state the place where each sidewalk is required to be built, repaired or rebuilt, and the kind of material with which the same is to be done, the width of the same, and the time in which the same is to be completed and that the Village of Waldron will pay from the appropriate Village fund for the cost of materials necessary for the same not to exceed fifty (50%) per cent of the total cost including labor and all other expense incidental thereto to build, repair or rebuild such sidewalk as shall be determined by the superintendent, and thereupon it shall be the duty of all owners or occupants of all land affected thereby to proceed within the time mentioned therein to do the work and make the improvements required thereby and in the manner and of the kind of material therein mentioned.

( b ) Notice to Owner. After the passage by the Village council of any such resolution mentioned in the preceding section, it shall be the duty of the Village clerk to prepare copies thereof and to attach thereto a notice directed to each of the owners or occupants of all the land upon which such improvements would be a charge, informing them that unless the improvement specified in such resolution shall be made and completed by them within the time, in the manner and of the material therein mentioned then and in that case the same Village will make and complete such improvements of which one-half (1/2) of the cost and expense thereof shall be assessed to the owner or occupant of the land affected thereby and will become a lien on such land as hereinafter provided. Copies of said resolutions and notices shall be served by a designated Village official by delivering the same to each owner personally, if found within the Village, or by certified mail by the Village clerk. If the owner is not found in said Village or said mail is not delivered, then the same shall be served by posting the same in some conspicuous place on such premises and the clerk shall make due return of said service and the time and manner thereof which returns shall be filed in the office of the Village clerk.

( c ) Construction by Village. If the owner or occupant of any lot or parcel of land adjoining or along any public street where any such improvement shall or may be ordered shall neglect or refuse to make or complete the same in accordance with, or within the time required, by any such resolution (such resolution and notice having been properly served) then it shall be the duty of the street administrator to proceed forthwith to make and to complete such improvements and the street administrator shall, immediately after the same shall be completed by him, render – to the Village a complete, full and certified statement of all of the costs of such improvements and also the length of time expended by him in superintending the same together with a particular description of all of the lots or parcels of land fronting upon or adjoining to which such improvements shall have been made by him and also the name or names of all of the owners or occupants of all such lots or parcels of lands as far as can be ascertained by him which certificate and statement shall be filed in the office of the Village clerk.

( d ) Assessment to Owner. When any such certificates or statement shall be filed in the office of the Village clerk the owner’s share of the cost shall be assessed according to law.

( e ) Snow Removal. It shall be unlawful for the owner or occupant of any premises along which a sidewalk has been constructed and exists not to remove all accumulated snow therefrom by ten (10:00) o’clock a.m. the day following such snow event. If such snow has not been removed from said walk by the person so neglecting or refusing to remove the same within six (6) hours after having been notified by the superintendent of streets, the superintendent may cause the same to be removed at the expense of the owner or occupant of said premises, and the cost thereof may be collected as a single lot assessment according to law.

( f ) Penalty. A violation of this section shall constitute a Municipal Civil Infraction. An alleged violator receiving a municipal civil infraction violation notice shall appear at the Municipal Ordinance Violations Bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation. Unless a different schedule of civil fines is established by resolution of the Village council, the civil fines payable to the bureau upon admission of responsibility by person served with municipal civil infraction violation notices shall be determined pursuant to the following schedule and on the basis of the dates of the violation(s):

First Offense $ 50.00 Second (same offense within 4 years) 125.00 Third (same offense within 4 years) 250.00 Subsequent (same offense within 4 years) 400.00

Sec. 5-1. Peddler Defined.

The word “peddler” as used in this chapter shall include any person traveling by foot, wagon, automotive vehicle or other conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, or other vehicle or conveyance. Any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter, shall be deemed to peddler. The word “peddler” shall include the words “hawker” and “huckster”.

Sec. 5-2. License Required.

No person shall engage in the business of peddler in the Village without first obtaining a license therefore from the Village clerk and in compliance in accordance with the following terms and provisions:

( a ) Fixed Stands Prohibited. No license shall stop or remain in any one place upon any street, alley or public place, longer than necessary to make a sale to a customer wishing to buy. Any peddler using a vehicle, when stopped, shall place his vehicle parallel to and within twelve (12) inches of the curb and shall depart from such place as soon as he has completed sales with customers actually present.

( b ) Prohibited Areas. No peddler, in the sale of goods, wares and merchandise, shall obstruct any street, alley, sidewalk or driveway except as may be necessary and reasonable to consummate a sale nor remain, barter, sell, offer or expose for sale any goods, wares or merchandise in front of or at the side of any property against the wish or desire of the property owner or the tenant or occupant of such property, no peddler shall engage in peddling on any street, alley or public place after having been requested to desist by any police officer of the Village because of congested or dangerous traffic conditions.

( c ) Practices Prohibited. No peddler shall shout or cry out his goods or merchandise, nor blow any horns, ring any bell or use any other similar device to attract the attention of the public.

( d ) Curb Service Prohibited. No person shall operate or maintain any stand, vehicle, store or place of business on or near any highway in such a manner that the customers or traders with such person occupy or congregate within the limits of any street, lane, highway, or public place within the Village. No person shall be permitted to use the streets, alleys, lanes or public places of the Village for the service of customers or for the transaction of business in any manner that shall require the customer, when transacting said business, to stand within the limits of the streets, highways, alleys or public places of the Village.

( e ) Exempt Persons. The following shall be exempt from the licensing requirements of this chapter but shall be subject to the other provisions hereof:

( 1 ) Farmers or truck gardeners selling or offering for sale any products grown, raised or produced by them, the sale of which is not otherwise prohibited or regulated.

( 2 ) Any person under eighteen (18) years of age, when engaged in peddling on foot in the neighborhood of his residence under the direct supervision of any school or recognized charitable or religious organization.

Sec. 5-3. Through Sec. 5-25 reserved.

Sec. 5-26. Violation.

A violation of this chapter shall constitute a misdemeanor offense and shall be punishable as otherwise provided in this code.

ORDINANCE 15-13

AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT OF REFUSE AND SOLID WASTE COLLECTION AND DISPOSAL AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

THE VILLAGE OF WALDRON ORDAINS:

Section 1- Purpose.

The purpose of this Ordinance is to establish the mandatory collection and disposal of refuse and solid waste in order to protect the public health, safety, and welfare of the residents of the Village.

Section 2- Authority.

This Ordinance is adopted pursuant to the authority granted the Village Council in MCL 67.1 (c) and (z) and as further provided in MCL 324.4306.

Section 3- Definitions.

As used in this Ordinance the following terms shall be defined as follows:

( a ) Acceptable Solid Waste. Acceptable Solid Waste consists of residential solid waste that is disposed of by Village residents located within the Village which is appropriate for delivery to a solid waste disposal facility, but does not include Hazardous Waste, Bulky Items, construction materials, auto parts, or any other type of waste that is reasonably unacceptable for delivery to a solid waste disposal facility. Acceptable Solid Waste also shall not include: organic or otherwise putrescible human or animal matter; yard waste and debris (including tree limbs, leaves, grass clippings, etc.); tires; dead animals; or any other material banned from delivery to a solid waste disposal facility under applicable state, federal, or local laws or regulations.

( b ) Bulky Items. A Bulky Item is considered to be any item larger than what a Cart (as defined below) provided by Contractor can accommodate. This would include items such as stoves, washing machines, furniture, swing sets, patio furniture, chairs, couches, bed springs, water heaters, and other large waste materials.

( c ) A Cart consists of one (1) ninety-six (96) gallon wheeled container, provided by Contractor for use by Village Residents to contain their weekly residential Refuse.

(d ) Contractor. The individual or entity with whom the Village has entered into a contract for the collection and disposal of garbage and solid waste within the corporate limits of the Village.

( e ) Hazardous Waste. Hazardous Waste is a form of excluded solid waste and is defined as any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, bio hazardous, toxic, or listed or characteristic Hazardous Waste as defined by federal, state, or local law or regulation, and/or any otherwise regulated waste. Hazardous Waste shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments thereto, and any other applicable federal, state, or local laws or regulations as such may be adopted or amended from time-to-time.

( f ) Refuse. Refuse means discarded waste materials in a solid or semi-liquid state, consisting of garbage, rubbish, or a combination thereof.

( g ) Residential Unit. A Residential Unit is a group of rooms located within a building and forming a single inhabitable unit with facilities which are used (or are intended to be used) for living, sleeping, cooking, and eating and which are occupied or otherwise habitable. For example, with respect to a building that has been divided into separate apartments, each separate apartment would constitute a separate Residential Unit, and any residential duplex would be considered to consist of two (2) separate Residential Units. A building or any portions thereof shall not be considered as a Residential Unit for purposes of the receipt of services under this Agreement to the extent that it is unoccupied and does not have active water and/or other utility services being supplied to it that would ordinarily be required to render such building or portion thereof habitable.

Section 4- Accumulation of Refuse and Solid Waste.

It shall be unlawful for the owner of any premises within the Village to allow the accumulation of any Refuse or other solid waste upon said premises.

Section 5- Deposit of Refuse and Acceptable Solid Waste.

A. It shall be unlawful for any individual or entity who owns, leases, or otherwise is in possession of or occupies a Residential Unit within the Village to place Refuse or other solid waste along any public way, street, sidewalk, alley or other public property, or any private property, unless the same shall be placed in a Cart as issued by the Contractor selected by the Village.

B. It shall be unlawful for any individual or entity who owns, leases, occupies, or otherwise is in possession of a premises located within the Village which is not a Residential Unit, to place Refuse or other solid waste along any public way, street, sidewalk, alley or other public property, or any private property, unless the same shall be placed in an enclosed roll-a-way waste cart, container, or other suitable vessel which shall be watertight, covered, and suitable for handling by a waste disposal service provider contracted by the individual or entity.

C. It shall be the responsibility of each owner, lessee, occupant, or other individual or entity in possession of any Residential Unit within the village limits of the Village where Acceptable Solid Waste is to be collected and removed by the Contractor to place a Cart along the street or road so that the same can be accessed by the Contractor on the collection day.

D. It shall be unlawful for any owner, lessee, occupant, or other individual or entity in possession of any premises within the village limits of the Village to utilize the trash containers or receptacles of any other owner, lessee, occupant, other individual or entity in possession of any premises for the disposal of their own Refuse and solid waste.

Section 6- Storage of Containers.

It shall be unlawful for any individual or entity to leave any Cart or other containers for Refuse or other solid waste along any public way, street, alley, sidewalk or other public property except for the day that the Cart or other container is scheduled to be picked up for removal and the evening before such day. At all other times, all such Carts and other containers shall be located either inside a garage, barn, or other structure, or if kept outside, at the rear or side of any dwelling, apartment house, or other building, in such a manner that said containers are not in the open view of the front yards of such premises.

Section 7- Collection and Disposal.

The Village, through its private Contractor, will collect, transport, and dispose of all Acceptable Solid Waste from all Residential Units within the Village. Said collection shall be at least once each week. The cost, day of collection, holiday policy, inclement weather or other emergency provisions shall be determined in the contract between the Village and its Contractor.

Section 8- Mandatory Removal and Payment for Service

It shall be mandatory for every Residential Unit to participate in the Village Acceptable Solid Waste removal service. Each Residential Unit shall be billed by the Village for the amount charged by the Contractor for such service.

Section 9- Authority to Contract.

The Village shall enter into an exclusive contract with a private Contractor to collect, transport, and dispose of all Acceptable Solid Waste from all Residential Units located within the village limits of the Village. Such contract shall be for such term, cost, and conditions which the Village deems to be in the best interest of its residents. No other contractor will be authorized to collect Acceptable Solid Waste from any Residential Unit within the corporate limits of the Village.

Section 10- Delinquent Charges.

Any delinquent charges for a Residential Unit required to participate in the Village Acceptable Solid Waste removal service shall be assessed against the premises upon which the Residential Unit is located, and collected or returned in the same manner as Village taxes are certified, assessed, collected, and returned.

Section 11- Repeal. 

Village ordinances or parts thereof that are in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.

Section 12- Severability.

The various Sections of this Ordinance shall be deemed severable, and should any Section, clause, or provision of this Ordinance be declared to be invalid, the same shall not effect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid.

Section 13- Violation.

A violation of any Section of this Ordinance is a Municipal Civil Infraction and any individual or entity who shall violate any Section of this Ordinance shall be responsible for a Municipal Civil Infraction and subject to a Civil Fine not exceeding $500.00, plus any costs, damages, expenses or other sanctions as authorized under Chapters 83 and 87 of Act 236 of the Michigan Public Acts of 1961 as amended, being MCL 600.8302 and MCL 600.8701 et seq., and as pursuant to Article II of Code of Ordinances of the Village of Waldron. Each day that a violation continues shall be deemed a separate violation of this Ordinance.

Section 14- Effective Date.

This Ordinance shall become effective on March 1, 2016.

ORDINANCE 11-1219

AN ORDINANCE TO CREATE A PLANNING COMMISSION FOR THE VILLAGE OF WALDRON, MICHIGAN, AS AUTHORIZED BY THE MICHIGAN PLANNING ENABLING ACT, PUBLIC ACT 33 OF 2008, AS AMENDED, MCL 125.3801, ET SEQ, FOR THE PURPOSE OF HAVING PLANNING AND ZONING IN THE VILLAGE OF WALDRON, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE PLANNING COMMISSION.

WHEREAS, the Village Council of the Village of Waldron has determined that it is in the best interests of the citizens of the Village to provide for the ordered regulation of the use of land within the Village through formal planning and through the development and adoption of a zoning ordinance for the Village pursuant to the Michigan Planning Enabling Act and the Michigan Zoning Enabling Act; and

WHEREAS, in order to facilitate the planning process and the adoption of a zoning ordinance for the Village it is necessary to creat a new Planning Commission for the Village pursuant to Section 11(1) of the Michigan Planning Enabling Act (MCL 125.3811), and to provide for its membership, powers, and duties.

NOW, THEREFORE, THE VILLAGE OF WALDRON ORDAINS:

Section 1- Title.

This Ordinance shall be known and described as the Village of Waldron Planning Commission Ordinance.

Section 2- Creation of Planning Commission

There shall be a Village of Waldron Planning Commission (the “Commission”) established pursuant to the Michigan Planning Enabling Act, Publice Act 33 of 2008, as amended, MCL 125.3801, et seq, (the “Act”), with the powers and duties as set forth in the Act and as provided in this Ordinance, including any subsequent amendments thereto.

Section 3- Membership

(1) The Commission shall consist of five (5) members appointed by the Village President, subject to the approval by a majority vote of the members of the Village Council then elected and serving. To be qualified to be a member and remain a member of the Commission, an individual shall meet the following qualifications:

(A) Be a qualified elector of the Village of Waldron, except that not more than two (2) individuals may serve as members who are not qualified electors of the Village of Waldron, but are qualified electors of another local unit of government.

(B) Shall not hold any elective office or be an employee of the Village of Waldron, unless serving only as an ex officio member.

(2) The membership shall be representative of the important segments of the community, such as the economic, governmental, educational, and social development of the Village of Waldron, in accordance with the major interests as they exist in the Village of Waldron, such as agriculture, natural resources, recreation, education, public health, government transportation, industry, and commerce. The membership shall also be representative of the entire territory of the Village of Waldron, to the extent practicable.

(3) Members other than ex officio members shall be appointed for three-year terms. However, of the members of the commission, other than ex officio members, first appointed to the commission after the adoption of this Ordinance, a number shall be appointed to one-year or two-year terms such that, as nearly as possible, the terms of one-third of all of the commission members will expire each year, If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment. A member shall hold office until his or her successor is appointed.

(4) The Village President or one member of the Village Council may be appointed to the commission as an ex officio. However, not more than one-third of the members of the commission may be ex officio members. Ther term of an ex officio member shall be as follows:

(A) Ther term of the Village President shall correspond with his or her term as the Village President.

(B) The term of a member of the Village Council shall expire with his or her term on the Village Council.

Section 4- Removal from Office.

The Village Council may remove a member of the commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Repeated failure to attend commission meetings may be considered nonfeasance in office. Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the commission. The member is disqualified from voting on the matter if so provided by the bylaws of the commission or by a majority vote of the remaining members of the commission. The commission shall determine and adopt a definition of what constitutes a conflict of interest for purposes of this Section in its bylaws.

Section 5- Meetings

(1) The commission shall hold not less than four regular meetings each year, and by resolution shall the time and place of the meetings. Unless the commission adopts bylaws that provide otherwise, a special meeting of the commission may be called by the chairperson or by two other members, upon written request to the secretary of the commission. Unless the commission adopts bylaws that provide otherwise, the secretary of the commission shall send written notice of a special meeting to commission members not less than forty-eight hours before the meeting.

(2) All business performed by the commission shall be conducted at a public meeting of the commission held in compliance with the Michigan Open Meetings Act, Public Act 267 of 1976, MCL 15.261 to 15.275, as amended. Public notice of the time, date and place of a regular or special meeting of the commission shall be given in the manner required by the Michigan Open Meetings Act.

(3) A majority of the commission shall constitute a quorum for the transaction of the ordinary business of the commission and all questions which shall arise at the meetings of the commission shall be determined by a vote of the majority of the members of the commission then in attendance, except that the affirmative vote of at least three members of the commission (representing at least two-thirds of the total seats of members of the commission, regardless if any vacancies or absences exist) shall be require for the adoption, or for the recommending the adoption, of any plan or any amendment to a plan.

Section 6- Powers and Duties.

(1) The commission shall have the powers and duties as set forth in the Michigan Planning Enabling Act, Public Act 22 of 2008, MCL 125.3801, et seq, as amended, and as set forth in the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq, as amended.

(2) The commission shall elect a chairperson and secretary from its members, and create and fill other offices as it considers advisable. An ex officio member of the commission is not eligible to serve as chairperson. The term of each officer shall be one year, with opportunity for reelection as specified in the bylaws adopted by the commission.

(3) The commission shall adopt bylaws for the transaction of its business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

(4) The commission shall make an annual written report to the Village Council concerning its operations and the status of planning activities, including recommendations regarding actions by the Village Council related to planning and development.

(5) After preparing the annual report required under subsection 5 above, the commission shall prepare a detailed budget and submit the budget to the Village Council for approval or disapproval. The Village Council annually may appropriate funds for carrying out the purposes and functions of the commission permitted under the Michigan Planning Enabling Act and this Ordinance, and may match local government funds with federal, state, county, or other local government of private grants, contributions, or endowments.

(6) The Commission shall have authority to apply for and receive grants from any government agency of the federal government and to accept and receive gifts for the exercise of its functions. A gift of money accepted by the commission shall be deposited with the Village Treasurer in a special nonreverting planning commission fund for expenditure by the commission for the purpose designated by the donor. The Village Treasurer shall draw a warrant against the special nonreverting fund only upon receipt of a voucher signed by the chairperson and secretary of the commission and an order drawn by the Village Clerk. The expenditures of the commission, exclusive of gits and grants, shall be within the amounts appropriated by the Village Council.

(7) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231 to 15.246, as amended.

(8) Members of the commission may be compensated in such amounts as may be determined from time-tome by the resolution of the Village Council. The commission may adopt bylaws relative to compensation and expenses of its members and employees for travel when engaged in the performance of activities authorized by the Village Council, including, but not limited to, attendance at conferences, workshops, educational and training programs, and meetings.

Date of Passage.

Passed in a regular council session the 12th day of November, 2019.

Ordinances & Code Enforcement

Code Enforcer

Village CodeBook

Ordinance #02-2013

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Ordinances Passed after Code Book