Charter Township of Vienna

Littering Ordinance 437

An ordinance to amend Section 18-91 of the Code of Ordinances of the Charter Township of Vienna, Michigan, which prohibits littering in the Township and provides penalties for violation thereof.

THE CHARTER TOWNSHIP OF VIENNA ORDAINS:

That Section 18-91 of Article IV of the Code of Ordinances, Charter Township of Vienna, is hereby amended as follows:

CHARTER TOWNSHIP OF VIENNA CODE

ARTICLE IV. OFFENSES AGAINST PROPERTY

Sec. 18-91. Littering.

Section 1Any person who knowingly, without the consent of the public authority having supervision of public property or the owner of private property who shall dump, deposit, place, throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of litter on public or private property or water other than property designated and set aside for such purposes shall be guilty of a Municipal Civil Infraction and subject to the provisions and penalties set forth below in Sections 1(a) through (c) of this Ordinance. The phrase “public or private property or water” includes but is not limited to, roadways and/or highways, and/or the right-of-way of a roadway or highway, a body of water or watercourse, or the shore or beach thereof, including the ice above the water; a park, playground building, refuge or conservation or recreation area; and residential or farm properties or timberlands.

Penalties for Violation

(a)Civil fines. A schedule of the civil fines to be imposed for a violation of this Section is established as follows:

(i)First offense. The Civil fine for a first offense violation shall be no less than $150.00;

(ii)Second offense. The civil fine for a second offense violation shall be no less than $250.00;

(iii)Repeat offense. The civil fine for any offense which is a third or greater offense shall be no less than $500.00.

(b)Reimbursement. In addition to the civil fines provided for in Section 1(a), upon an admission or finding of responsibility for a Municipal Civil Infraction under this Section, the Township shall also be entitled to reimbursement for charges assessed for the expense of the abatement and cleanup of the litter, plus all costs, damages, and other sanctions authorized and provided for in MCL 600.8701--600.8735, as amended.

(c)Municipal civil infraction. A Municipal Civil Infraction action brought for any violation of this Section shall follow the procedures set forth in MCL 600.8701--600.8735, as amended.

Section 2Any person who removes a vehicle wrecked or damaged in an accident on a highway, road or street, fails to remove all glass and other injurious substances dropped on the highway, road or street as a result of the accident shall be guilty of a misdemeanor.

Section 3Any person who knowingly shall cause any litter or any object to fall or be thrown into the path of or to hit a vehicle traveling upon a highway shall be guilty of a misdemeanor.

Section 4It shall be unlawful for any person to drive or move any car, wagon, truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents, or litter from being blown or deposited upon any street, alley or other public or private place; and it shall be unlawful for any person to drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit upon any street, alley or public or private place litter, mud or dirt and shall be guilty of a misdemeanor.

Section 5In a proceeding for violation of this Ordinance involving littering from a motor vehicle, proof that the particular vehicle described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant was the registered owner of the vehicle at the time of the violation (unless the registered owner is the lessor of a vehicle under a written lease agreement) constitutes in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.

Section 6The term “litter” as used in this Ordinance means all rubbish, refuse, waste, material, garbage, offal, paper, glass, cans, bottles, trash, debris, ashes, dead animals, solid market and industrial wastes, junk, scrap metal, scrap lumber, discarded building materials, dismantled, partially dismantled or inoperable vehicles, abandoned vehicle or any parts, machinery or machinery parts or other foreign substances of every kind and description.

Section 7Persons responsible. All persons who violate any of the provisions of this Ordinance, whether as a natural person, firm co-partnership, corporation, or any association of natural persons whether acting by themselves or acting as a servant, agent, employer or employee, are equally libel as principals.

Section 8Continuing violation. Each day that a violation of this Ordinance continues or exists without compliance constitutes a separate offense punishable upon conviction in the manner prescribed in this Ordinance provided that no person may be imprisoned for a single but continuing violation of this Ordinance for a period of longer than 90 days.

Section 9Rights and remedies are cumulative. The rights and remedies provided in this Ordinance are cumulative and are in addition to any other remedy provided by law.

Section 10Injunction. The Vienna Township Board, any member thereof, any offended person, or the Genesee County Prosecuting Attorney may institute injunction or proceedings to prevent or enjoin any violation of the provisions of this Ordinance.

Section 11 Severability. If any section, subsection, clause or phrase of this Ordinance is declared unconstitutional by a court of competent jurisdiction, such decision or holding shall not affect the validity of the remaining portions of this Ordinance.

Section 12Publication. This Ordinance shall be published in a newspaper circulated within the Charter Township of Vienna, Genesee County, Michigan.

Section 13Effective Date. This Ordinance shall take effect immediately upon its publication after adoption.

Section 14Certification. We hereby certify that the foregoing Ordinance was adopted on the second reading by the Township Board of the Charter Township of Vienna, Michigan.

YEAS: Rizk, Cain, Bryan, Clontz, Thomas, Paulson, Belill

NAYS: None

Joseph A. Rizk, SupervisorCynthia J. Bryan, Clerk

CERTIFICATION:

STATE OF MICHIGAN)

)

COUNTY OF GENESEE)

I, THE UNDERSIGNED, Township Clerk for the Township of Vienna, Genesee County, Michigan, do hereby certify that Ordinance No. 437, adopted by the Township Board of Trustees of said Township on the 13th day of November, 2017 was recorded in full in the minutes of meeting of said Township Board of Trustees on said date, and was signed by the Supervisor and Clerk of said Township.

Cynthia J. Bryan, Clerk

DATED: November 13, 2017