|SECTION 1. LEGISLATIVE FINDINGS
Where as on privately owned or occupied parcels of land within Springport
Township accumulation of junk/or garbage constitute a hazard to
the public health, safety and welfare of the residents of Springport
Township for the reasons that they provide a habitat conducive to
breeding and nesting of rats, mice and other vermin and also that
contain objects with sharp edges and other hazards which could injure
small children who would be attracted to play thereon without appreciating
the danger thereof, and that the regulations required to eliminate
the foregoing undesirable condition and protect the public health,
and safety and welfare.
SECTION 2. DEFINITIONS
a. Junk - As used in this Ordinance, “junk” includes
but is not limited to any unused or unusable building materials,
furniture, machinery, appliances, tires or thereof, because of
mechanical missing parts.
b. Rubbish - As used in this Ordinance, “rubbish”
means waste paper, tinware or aluminum ware, tin or aluminum cans,
tins or aluminum cuttings, boxes, glass, straw, shavings, barrels,
lumber, paper cartons, plastic containers, plastic products and
c. Garbage - As used in this Ordinance, “garbage”
means any accumulation of trash, refuse, or litter, specifically
including but not limited to, containers once containing edible,
drinkable or usable materials, as well as dead animals (or parts
thereof) and discarded edible or drinkable items.
d. Compost - As used in this Ordinance, “compost”
means a fertilizing material consisting largely of decayed organic
SECTION 3. UNLAWFUL ACTS
a. Storing of Junk - No owner, occupant or possessor of land within
Springport Township shall keep or permit to be kept at any two
(2) times not less than four (4) days within any calendar month
on such parcel any accumulation of junk thereon which has a total
cumulative weight exceeding forty (40) pounds or a total cumulative
dimension exceeding nine (9) cubic feet unless the same is within
a completely enclosed building.
b. Storing of Rubbish and Garbage - No owner, occupant or possessor
of land in Springport Township shall keep or permit to be kept
at any two (2) times not less than four (4) days within any calendar
month on such parcel any rubbish or garbage unless the same is
kept within a closely covered can or other metal, plastic or rubber
container designed for same and sufficient to prevent entry by
rats, mice, other vermin and also must prevent trash from blowing
onto another person property.
c. Discarding of Junk, Rubbish, and Garbage - It shall be unlawful
for any person to discard any junk, rubbish or garbage on any
private or public property unless such property is licensed to
receive such junk, rubbish or garbage. Unlawful discarding includes
but is not limited to the tossing or leaving of junk, rubbish
or garbage along the roadsides, on private property owned by another
person, in the public roadway, parking lots, or on public property
not licensed to receive such junk, rubbish or garbage.
d. You may compost yard waste, straw fruit and vegetable scraps,
coffee grounds, or egg shells generated from the site on which
the compost is located. You may add commercially available ingredients
specifically designed to speed or enhance decomposition. Materials
must be contained in a bin that may be constructed of wood, wire
mesh, or a combination of wood and wire, or in commercially fabricated
compost bins. Only one structure is allowed per lot. Structure
must not exceed 500 cubic feet (for example 10' x 10' x 5') in
volume. Maximum height is five feet. Compost structures must be
place in the rear yard of the property at least 10 feet from property
line and no closer than 40 feet to any habitable building other
than a residents home. Residents are required to use standard
compost practices, which include providing adequate air circulation
to prevent combustion and objectionable odors to adjacent properties.
SECTION 4. EXCEPTIONS
This Ordinance does not apply to inventory on premises occupied
by a merchant licensed under MC 205.53 and conducting a lawful
business or to the property of patrons of a lawful motor vehicle
repair facility, furniture or appliance repair facility, or gasoline
service station while left on the premises of either for purposes
of service or repair, nor does this Ordinance apply to junk yards
which can be regulated under Public Act 12 of 1929.
This Ordinance does not apply to farms which are regulated under
Michigan Right to Farm Act.
SECTION 5. PRIMA FACIE PROOF
In any litigation arising under this Ordinance testimony that
any furniture, machinery, appliance, or parts thereof have been
observed in the same place for a period of more than fourteen
(14) days continuously shall constitute prima facie proof that
such machinery, appliance or parts thereof are inoperable, unused,
or unusable as defined in Section 2 above.
SECTION 6. PENALTY
Any person who shall violate or assist in the violation of any
provision of this Ordinance shall be guilty of a misdemeanor,
punishable by a fine of not less than One Hundred Dollars ($100.00)
and not more than Five Hundred Dollars ($500.00) or by imprisonment
in the county Jail for a period not exceeding Ninety (90) days
or both, fine and imprisonment. Every day that such violation
shall continue shall constitute a separate and distinct violation
under the provision of this Ordinance.
SECTION 7. DECLARATION OF NUISANCE
Any violation of any provision of this Ordinance is hereby declared
to be a nuisance.
SECTION 8. SEVERABILITY
This Ordinance is hereby declared to be severable and should any
part, provision or paragraph hereof be declared invalid by a Court
of competent jurisdiction, it shall not affect the remaining provisions
All ordinance, resolutions, or orders, or parts, thereof, in conflict
with the provisions of this Ordinance are, to the extent of such
conflict, hereby repealed.
SECTION 9. EFFECTIVE DATE
This Ordinance shall take effect and be enforced from and after
the earliest date allowed by law. This Ordinance shall be published
in the manner provided by law.
At the regular meeting on September 12th, 2005 this Ordinance
was adopted. Upon a roll call vote the following voted aye: Jack
Travioli, Steve Rybicki, Lance Mitchell, Tom Betz and Rebecca