THOMAS TOWNSHIP
POLICE DEPARTMENT
8215 SHIELDS DR
SAGINAW MI 48609
989-781-1300
989-781-6059 fax

ORDINANCES
DOG CONTROL
4-1-1: TERMS DEFINED;
SHORT TITLE:
The Ordinance shall be known as the
DOG CONTROL ORDINANCE. For the purpose of this Ordinance, the
following terms shall have the following meanings respectively
designated for each:
DOG POUND: The term "dog pound" shall
mean the facilities as provided by the County of Saginaw.
DOG WARDEN: The term "dog warden" shall
mean the County Dog Warden and/or his agents or employees.
OWNER: The word "owner" when applied to
the proprietorship of a dog, shall include every person having a right
of property in such dog, and every person who permits such dog to remain
on or about any premises occupied by him.
PERSON: The word "person" shall include
the State and local officers or employees, individuals, corporations,
copartner ships, and associations.
POLICE OFFICER: The term "police
officer" shall include any Township officer either elected or appointed
to fulfill the duties of said office. (Ord. G-01-87, 11-2-1987, eff.
12-11-1987)
4-1-2: ENABLING
AUTHORITY:
This Ordinance is adopted pursuant to
Act 359 of the Public Acts of Michigan, 1947, and amendments thereto. (Ord.
G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-3: LICENSE REQUIRED:
It shall be unlawful for any person to
own, maintain, keep or harbor any dog without first obtaining a license
therefore as provided for by the "Dog Law of 1919 of the State of
Michigan", and the regulations or orders of the Board of Commissioners
of Saginaw County. All dogs will wear a collar with license and an
identification tag identifying the owner at all times that they are off
the premises of the owner. (Ord. G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-4: DOGS; RUNNING
LOOSE PROHIBITED ON PUBLIC PROPERTY:
It shall be unlawful for the owner, or
any person having the possession, care, custody or control thereof, to
permit any dog to run at large upon the public streets, walks, parks, or
other public places within the Township unless such dog shall be
attached to a leash of sufficient strength to retain such dog in such
manner as to be kept under the control of the person accompanying it. It
shall further be unlawful for the owner or any other person having the
possession, care, custody and control thereof, to permit any dog to
urinate and/or defecate upon any land other than his premises. (Ord.
G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-5: VICIOUS DOGS
PROHIBITED:
It shall be unlawful for any person to
suffer or to permit a vicious, fierce or dangerous dog to go unconfined
and unrestricted on such person's premises, or to run at large. (Ord.
G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-6: FEMALE DOGS;
RESTRICTIONS:
It shall be unlawful for the owner or
custodian of any female dog to permit such dog off the premises of the
owner or custodian when in heat unless the dog is under and attached to
a leash. (Ord. G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-7: PAYMENT OF
CLAIMS; DAMAGE TO LIVESTOCK AND POULTRY:
The determination and payment of damages
done by dogs to livestock and poultry shall remain as so provided by
"The Dog Law of 1919" of the State of Michigan and the regulations or
orders of the Board of Commissioners of Saginaw County. (Ord. G-01-87,
11-2-1987, eff. 12-11-1987)
4-1-8: EXCEPTIONS:
The provisions of this Ordinance shall
not be applied to working dogs such as leader dogs or hunting dogs when
accompanied by their owner or his authorized agent and actively engaged
in activities for which such dogs are trained. (Ord. G-01-87, 11-2-1987,
eff. 12-11-1987)
4-1-9: ENFORCEMENT;
IMPOUNDING DOGS AND DISPOSITION:
It shall be the duty of the Dog Warden
or any police officer to seize and impound any dog found anywhere in the
Township contrary to the provisions of the Ordinance. Any dog seized by
other than the Dog Warden shall forthwith be delivered to him for
disposition. The disposition of the dog by the Dog Warden shall be as
provided by laws for the State of Michigan. (Ord. G-01-87, 11-2-1987,
eff. 12-11-1987)
4-1-10: ENFORCEMENT;
SWORN COMPLAINT; DISTRICT COURT HEARING:
Any person who has knowledge of the
facts that constitute a violation of this Ordinance may upon sworn
complaint to any district court judge, request that a summons be issued
to show cause why such dog should not be impounded by the Dog Warden.
Said judge may upon such hearing either order the dog impounded by the
Dog Warden or confined to the premises of the owner. If the owner
disobeys such an order, he shall be liable to be punished as hereinafter
provided.
In any arrest and prosecution for
violation of this Ordinance, appearance tickets shall be used. The
District Court Clerk shall accept any plea of guilty which is made in
the same manner as plea of guilty for moving traffic violations are
accepted. Persons pleading guilty to violations of the Ordinance shall
be allowed to render the sum of twenty five dollars ($25.00) to the
District Court Clerk as a full and complete satisfaction and discharge
of liability, and no appearance before a district judge or other
judicial officer shall be required. (Ord. G-01-87, 11-2-1987, eff.
12-11-1987)
4-1-11: PENALTY:
Any person who violated any provision of
the Ordinance shall upon conviction, be punished by a fine of not more
than five hundred dollars ($500.00) or by imprisonment for not more than
ninety (90) days in jail, or both. Each day's failure of compliance with
any provision of this Ordinance shall constitute a separate offense. (Ord.
G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-12: LEGAL
PROCEEDINGS:
Legal proceedings to enjoin the
violation of any of the provisions of this Ordinance may be brought in
any court of competent jurisdiction in the name of the Township of
Thomas. (Ord. G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-13: INVALIDITY:
If any section, paragraph, sentence,
clause, phrase or part of this Ordinance shall be declared invalid for
any reason whatsoever, such a decision shall not affect the remaining
portions of the Ordinance which shall remain in full force and effect
and to this end the provisions of this Ordinance are hereby declared to
be severable. (Ord. G-01-87, 11-2-1987, eff. 12-11-1987)
4-1-14: REPEAL AND
EFFECTIVE DATE:
All ordinances or parts of ordinances
insofar as they conflict herewith, and specifically Ordinance G-01-75,
be and the same are hereby repealed. This Ordinance shall be effective
thirty (30) days from and after the publication thereof. (Ord. G-01-87,
11-2-1987, eff. 12-11-1987)
NUDITY
4-2-1: DEFINITIONS:
The following words or terms shall be
defined as:
NUDITY: "Nudity" is:
A. The showing of the
human male or female genitals or pubic area with less than a fully
opaque covering; or
B. The showing of the
human male or female buttocks or anus with less than a fully opaque
covering; or
C. The showing of the
female breast with less than a fully opaque covering of any part of the
nipple; or
D. The showing of covered
male genitals in a discernible turgid state.
PUBLIC PLACE: "Public place" is:
A. All out-of-doors land
and areas open to the general public including public streets and
alleys; and
B. All buildings, rooms,
theaters, athletic grounds, bars, dance halls and lounges open to the
public whether or not entrance is gained by the payment of an admission
charge. (Ord. 94-G-03, 7-5-1994, eff. 8-12-1994)
4-2-2: PUBLIC NUDITY
PROHIBITED:
No person shall appear in a state of
nudity in any public place, including any building or establishment open
to the public within the Township of Thomas. (Ord. 94-G-03, 7-5-1994,
eff. 8-12-1994)
4-2-3: PENALTY:
Each violation of the terms of Section
4-2-2 hereof shall be punishable by a fine of not more than five
hundred dollars ($500.00) or by imprisonment in the County Jail for not
more than ninety (90) days or both such fine and imprisonment. (Ord.
94-G-03, 7-5-1994, eff. 8-12-1994)
4-2-4: SEVERABILITY:
Each section and subsection of this
Ordinance is hereby declared to be separable and the holding of any
section, subsection or provision hereof to be invalid or unenforceable
by a court of competent jurisdiction shall not affect the validity or
enforceability of any other section, subsection or provision of this
Ordinance. (Ord. 94-G-03, 7-5-1994, eff. 8-12-1994)
4-2-5: EFFECTIVE DATE:
This Ordinance shall become effective
thirty (30) days after publication thereof. (Ord. 94-G-03, 7-5-1994, eff.
8-12-1994)
DISORDERLY CONDUCT
4-3-1: PURPOSE:
Disorderly conduct shall be regulated
and prohibited. (Ord. 97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-2: DEFINITIONS:
For the purpose of this Ordinance the
following terms, phrases, words and their derivations shall have the
meanings given herein. When not consistent with context, words used in
the present tense include the future, words used in the plural number
include the singular number and words in the singular number include the
plural number.
ALCOHOLIC BEVERAGE: As used within this
Ordinance shall mean "alcoholic liquor" as that term is defined in Act
8, Public Acts of Michigan, 1933 Extra Session, as amended.
CONTROLLED SUBSTANCE: Means any drug,
substance or immediate precursor in schedules 1 through 5 of part 72 of
Michigan's Public Health Code, Public Act No. 368 of the Public Acts of
1978, amendments thereto and the corresponding provisions of any
successor statute.
HARMFUL TO MINORS: Means that quality of
any description or representation, in whatever form, of nudity, sexual
excitement, or sado-masochistic when it:
A. Predominantly appeals
to the prurient, shameful or morbid interest of minors; and
B. Is patently offensive
to prevailing standards in the adult community as a whole with respect
to what is suitable material for minors; and
C. Is utterly without
redeeming social importance for minors.
KNOWINGLY: Means having general
knowledge of, or reason to know, or a belief or grounds for belief which
warrants further inspection or inquiry of both:
A. The character and
content of any material described herein which is reasonably susceptible
to examination by the defendant; and
B. The age of the minor,
provided, however, that an honest mistake shall constitute an excuse
from liability hereunder if the defendant made a reasonable bona fide
attempt to ascertain the true age of such minor.
LOITERING: As used in this Ordinance
means:
A. To stand or lounge
around or move slowly about, to spend time idly, to saunter or to
linger; or
B. To repeatedly pass by
the same place without any apparent reason.
MINOR: Means any person under the age of
eighteen (18) years.
NUDITY: Means the showing of human male
or female genitals, pubic area or buttocks with less than a full opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nipple, or
the depiction of covered male genitals in a discernibly turgid state.
PUBLIC PLACE: As used in this Ordinance
means a place to which the public or a substantial group of persons has
access. Among places included are any:
A. Highway, street, road,
alley, sidewalk, park, parking lot, river, public water, dock, publicly
owned or controlled open ground.
B. Publicly owned or
controlled building, excluding any interior portion thereof being used
as a dwelling.
C. Place of business.
D. Place of amusement,
entertainment, recreation or education open to the general public.
E. Place where services
are rendered to the public or a substantial group of persons.
F. Transport facility.
G. Place of religious
worship.
H. Place of
manufacturing.
I. Railroad right of way.
J. Hospital or medical
facility.
K. Cemetery.
L. Common area of any
motel, hotel or apartment building.
M. Private meeting place
when a privately employed special-duty police officer, special-duty
deputy sheriff or deputy sheriff is on duty there.
N. Grounds appurtenant to
any of the above designated.
O. Parking facility used
in connection with any of the above designated.
The foregoing enumeration
shall be deemed partial and shall not operate to exclude other places
which are within the general terms of this definition.
SADO-MASOCHISTIC ABUSE: Means
flagellation or torture by or upon a person clad in undergarments, a
mask or bizarre costume, or the condition of being fettered, bound or
otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT: Means acts of
masturbation, homosexuality, sexual intercourse, or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks or,
if such person be a female, breast.
SEXUAL EXCITEMENT: Means the condition
of human male or female genitals when in a state of sexual stimulation
or arousal. (Ord. 97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-3: AIDING AND
ABETTING; ATTEMPTS:
A. Aiding And Abetting:
Every person concerned in the commission of an offense under this Code,
whether he/she directly commits the act constituting the offense or
procures, counsels, aids or abets in its commission, may be prosecuted,
indicted, tried and on conviction shall be punished as if he/she had
directly committed such offense.
B. Attempts: Any person
who shall attempt to commit an offense prohibited by this Code and in
such attempt shall do any act towards the commission of such offense,
but shall fail in the perpetration or shall be intercepted or prevented
in the execution of the same, shall be guilty of a misdemeanor. (Ord.
97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-4: ACTS PROHIBITED:
No person shall, within Thomas Township,
do or commit any of the following acts or things:
A. Prowling:
1. Prowling Prohibited;
Definition; Actions by Police: No person shall prowl on foot, in a motor
vehicle or in any other way in a place, at a time, or in a manner not
usual for law-abiding individuals under circumstances that warrant alarm
for the safety or health of any person or property in the vicinity.
Among the circumstances
which may be considered in determining whether such alarm is warranted
is the fact that the person:
a. Takes flight upon
appearance of or investigation by a peace officer.
b. Refuses or fails to
adequately identify himself/herself.
c. Manifestly endeavors
to conceal himself/herself or any object. This enumeration shall be
deemed partial and shall not operate to exclude other circumstances
which are within the general terms of subsection A1 of this Section.
d. Unless flight by the
person or other circumstance makes it impracticable, a peace officer
shall prior to an arrest for an offense under this Section afford the
person an opportunity to dispel any alarm which would otherwise be
warranted, by requesting him/her to identify himself/herself and explain
his/her presence and conduct.
e. No person shall be
convicted of an offense under this Section if the peace officer did not
comply with subsection A1d of this Section or if it appears at trial
that the identification and explanation were true and, if believed by
the peace officer at the time, would have dispelled the alarm.
2. Prowling Prohibited in
Specific Places: No person shall prowl on foot, in a motor vehicle or in
any other manner in or about any of the following places without an
apparent legitimate purpose reasonably connected therewith:
a. School building;
b. Recreation center for
minors;
c. A public place where
an educational, religious or recreation activity for minors is being
conducted.
d. Grounds or parking
lots appurtenant to or used in connection with subsection A2a, A2b, or
A2c above; or
e. A street or alley in
the immediate vicinity of any of the above mentioned places.
3. Determination Of
Prowling: Among the circumstances which may be considered in determining
that such prowling is not for an apparent legitimate purpose reasonably
connected therewith is the fact that:
a. The person takes
flight upon appearance of or investigation by a peace officer.
b. The person refuses or
fails to adequately identify himself/herself.
c. The person manifestly
endeavors to conceal himself/herself or any object.
d. The person in not
within the age group to which the education, religious or recreation
center or activity is directed.
e. The peace officer has
knowledge or reliable information that the person has quit school or
been expelled there from or that the person has been ordered to stay
away from the education, religious or recreation center or activity by a
person in charge of or supervising said activity.
4. Enumerations Not
Exclusive: This enumeration shall be deemed partial and shall not
operate to exclude other circumstances which are within the general
terms of this subsection A.
a. Unless flight by the
person or other circumstance makes it impracticable, a peace officer
shall prior to an arrest for an offense under this Section afford the
person an opportunity to manifest a legitimate purpose reasonably
connected with said place or activity, by requesting him/her to identify
himself/herself and explain his/her presence and conduct.
b. No person shall be
convicted of an offense under this Section if the peace officer did not
comply with subsection A4a of this Section, or if it appears at trial
that the identification and explanation were true and, if believed by
the peace officer at the time, would have established a legitimate
purpose reasonably connected with said place or activity.
B. Annoyance and Alarm to
Persons: Purposely cause, recklessly create a risk of, or knowingly
contribute to inconvenience, annoyance or alarm to any person in a
public place by:
1. Engaging in fighting,
quarreling or threatening, or engaging in violent, tumultuous or
disturbing behavior; or
2. Jostling or roughly
crowding persons unnecessarily; or
3. Creating a hazardous
condition by any act which serves no legitimate purpose of the actor.
C. Failure To Disperse:
Refuse or knowingly fail to obey an order by a peace officer to disperse
from the vicinity when the person or others is participating in a course
of conduct described in subsection B1 through B3 above, which is likely
to cause substantial harm or serious public inconvenience, annoyance or
alarm.
D. Failure to Leave
Hazardous Areas: Refuse or knowingly fail to obey a reasonable official
request or order to move for the purpose of maintaining public safety
from an area in dangerous proximity to a fire or other hazard.
E. Obstructing Public
Ways and Places:
1. Without legal
privilege to do so, and whether alone or with others, purposely or
recklessly obstruct or cause to be obstructed any public passage, place
or delivery of U.S. mail.
2. Block, impede, or
otherwise interfere with the normal flow of vehicular or pedestrian
traffic upon a public street by means of a barricade, vehicle, object or
device, or with his/her person. This subsection shall not apply to
persons maintaining, rearranging, or constructing public utility
facilities in or adjacent to a street.
3. Refuse or knowingly
fail to obey a reasonable official order or request to move to prevent
obstruction of any public passage or place or blockage, impediment, or
other interference with the normal flow of vehicular or pedestrian
traffic upon a public street.
"Obstruct" and
"obstruction" mean render impassable or unusable without unreasonable
inconvenience or hazard.
4. When persons are
lawfully assembled in a public place to communicate publicity or to
listen to or observe such communication, no person (including
communicator) so assembled shall be convicted of recklessly obstructing
in violation of this subsection E unless he/she has first been given a
reasonable opportunity to comply therewith.
5. No person whose lawful
behavior attracts an obstructing audience shall be guilty of violating
this subsection E if the obstruction can be readily remedied by
reasonable police control of the size or location of the audience.
F. Disrupting Assemblies
and Processions: With purpose to prevent or disrupt a lawful meeting,
procession or gathering:
1. Do any act tending to
obstruct or interfere with it physically; or
2. Make any utterance,
gesture or display designed to outrage the sensibilities of the group.
G. False Reports:
Initiate or circulate a report or warning of a fire or an impending
bombing or other catastrophe or crime knowing that the report or warning
is false or baseless and knowing or recklessly disregarding that it is
likely to cause evacuation of a building, place of assembly, or facility
of public transport, or otherwise likely to cause public inconvenience
or alarm.
H. Trespassing: Willfully
and without lawful authority:
1. Enter upon the lands
or premises of another after having been forbidden to do so by the
owner, occupant, person in control thereof, or the agent or servant of
the owner, occupant or person in control thereof; and
2. Being upon the
premises of another neglect or refuse to depart there from after being
notified to do so by the owner, occupant, person in control thereof, or
agent or servant of the owner, occupant or person in control thereof.
I. Harassment: With
purpose to harass or alarm another:
1. Insult, taunt or
challenge another by the use of fighting, words or gestures in a manner
reasonably likely to provoke a violent disorderly response; or
2. Frighten or attempt to
frighten another by threat or menace or unlawful bodily harm to any
person; or
3. Accost, molest or
otherwise annoy by word of mouth, any person in any public place; or
4. Engage in another
course of harassing or alarming conduct serving no legitimate purpose by
the actor.
J. Window Peeping: Engage
in window peeping of any inhabited building.
K. Loitering: Loiter on
any street or sidewalk or in any park or public place or building or
conduct himself in any public place so as to obstruct the free and
uninterrupted passage of the public.
L. Public Fighting and
Quarreling: Engage in any disturbance, fight or quarrel in any public
place.
M. Unlawful Assemblies:
Collect or stand in crowds, or arrange, encourage, or abet the
collection of persons in crowds with the intent to cause or risk public
inconvenience, annoyance or alarm.
N. Littering: Knowingly,
without the consent of the public authority having supervision of the
public property or the owner of private property, to dump, deposit,
place, throw or leave, or cause or permit the dumping, depositing,
placing, throwing or leaving of, litter on any public or private
property or waters other than property designated and set aside for such
purposes.
1. The phrase "private
property" includes but is not limited to dumpsters or other such trash
receptacles owned, leased, rented or controlled by another.
2. The word "waters"
shall include but is not limited to any body of water or watercourse, or
the shores and beaches thereof and including the ice above such waters.
O. Picketing,
Demonstrations: To hinder or prevent by mass picketing, unlawful threats
or force, or by sit-in demonstrations, the pursuit of any lawful work or
employment, to obstruct or interfere with entrance to or egress from any
place of employment, public place, or residence or to obstruct or
interfere with free and uninterrupted use of public roads, streets or
other ways of travel.
P. Harassment At Place Of
Employment: By threats, intimidations, or otherwise, and without
authority of law, interfere with, or in anyway molest or attempt to
interfere with, or in any way molest or disturb, without such authority,
any person, in the quiet and peaceable pursuit of his lawful occupation,
vocation or avocation, or on the way to and from such occupation,
vocation or avocation, or aid and abet in any such unlawful acts.
Q. Indecent Exposure:
Make any immoral exhibition or indecent exposure of his or her person
with the apparent intent to alarm or annoy others.
R. Occupying Property
without Permission: Occupy, lodge or sleep in or on any structure,
vehicle or other means of conveyance, or vacant land without owning same
or without the permission of the owner or person entitled to the
possession thereof.
S. Prostitution and
Gambling:
1. Engage in any act of
prostitution.
2. Attend, frequent,
operate or be an occupant or inmate of any place where prostitution,
illegal gambling, the illegal sale of intoxicating liquor or any other
illegal business or occupation is permitted or conducted.
3. Knowingly transport
any person to a place where prostitution or illegal gambling is
practiced, encourage or allowed for the purpose of enabling such person
to engage in illegal gambling, an act of prostitution or any other
illegal act.
T. Resisting, Interfering
With Police: Resist any police officer, any member of the Police
Department or any person duly empowered with police authority while in
the discharge or apparent discharge of his/her duty or in any way to
interfere with or hinder him/her in the discharge of his/her duty.
U. Damage To Or Tampering
With Property: Willfully destroy, damage, or in any manner deface any
property not his own, or any public school building, bridge, fire
hydrant, street light, street sign or parking meter, or mark or post
handbills on, or in any manner mar the walls of any public building or
destroy, take, tamper or meddle with any property belonging to or under
the control of Thomas Township or remove same from the building or place
where it may be kept, placed or stored without proper authority. (Ord.
97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-5: MINORS:
A. Curfew: No minor under
the age of seventeen (17) years shall loiter, idle, wander, stroll, or
play in or upon the public streets, highways, roads, alleys, parks,
public buildings, places of amusement and entertainment, vacant lots or
other unsupervised places, between the hours of ten o'clock (10:00) P.M.
and seven o'clock (7:00) A.M. of the following day, provided, however
that the provisions of this Section do not apply to a minor accompanied
by his or her parent, guardian, or other adult person having the care
and custody of the minor, or where the minor is upon an emergency errand
or legitimate business directed by his or her parent, guardian, or other
adult person having the care and custody of the minor or traveling to
and from work or from a school sponsored event.
B. Encouraging And Aiding
In Delinquency: No person shall by any act, or by any word, encourage,
contribute toward, cause or tend to cause any minor child under the age
of seventeen (17) to become neglected or delinquent so as to come or
tend to come under the jurisdiction of the Juvenile Division of the
Probate Court, or cause or permit any minor child to engage in any
occupation that would be likely to endanger the minor child's health or
deprave the minor child's morals, or to habitually permit the child to
frequent the company of or consort with reputed thieves or prostitutes,
whether or not such child in fact be adjudicated a ward of the Probate
Court.
C. Obscene Materials:
1. No person shall
knowingly sell or loan for monetary consideration to a minor:
a. Any picture,
photography, drawing, sculpture, motion picture film or similar visual
representation or image of a person or portion of the human body which
depicts nudity, sexual conduct or sado-masochistic abuse and which is
harmful to minors; or (Ord. 97-G-21, 10-6-1997, eff. 11-15-1997)
b. Any book, pamphlet,
magazine, printed matter, however reproduced, or sound recording which
contains any matter enumerated in Section
4-3-2 hereof, definition of "harmful to minors", subsections A
through C, or explicit and detailed verbal description or narrative
accounts of sexual excitement, sexual conduct or sado-masochistic abuse
and which, taken as a whole, is harmful to minors. (Ord. 97-G-21,
10-6-1997, eff. 11-15-1997; amd. 1998 Code)
2. No person shall
knowingly, exhibit for a monetary consideration to a minor or knowingly
sell to a minor an admission ticket or pass or knowingly admit a minor
for a monetary consideration to premises whereon there is exhibited a
motion picture, show or other presentation which, in whole or in part,
depicts nudity, sexual conduct or sado-masochistic abuse and which is
harmful to minors.
3. No person shall,
without monetary consideration, do any act which if performed for
monetary consideration is prohibited by either subsection C1 or C2
above.
D. Loitering On School
Property: No person shall remain in any building or on any grounds
owned, occupied or otherwise used by any public, private or parochial
school for any purpose other than a purpose related to school business
unless authorized in writing by a duly empowered official of such
public, private or parochial school or unless he/she is a student or
employee thereof or a parent or guardian of any student enrolled
therein. The term "student" as used in this subsection is hereby defined
as a person of school age and enrolled in the school at which he/she is
present.
E. Vandalism: No person
shall knowingly destroy damage, deface or remove any public property not
his/her own.
F. Public Intoxication:
No person shall be intoxicated in a public place and either endanger the
safety of another person or property or act in a manner that causes a
public disturbance or be under the influence of any narcotic drug in any
public place. (Ord. 97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-6: SANCTIONS:
Any person who violated any provision of
the Ordinance shall upon conviction, be punished by a fine of not more
than five hundred dollars ($500.00) or by imprisonment for not more than
ninety (90) days in jail, or both. Each day's failure of compliance with
any provision of this Ordinance shall constitute a separate offense.
(Ord. 97-G-21, 10-6-1997, eff. 11-15-1997)
4-3-7: SEVERABILITY:
If any section, subsection, clause,
paragraph, phrase or provision of this Ordinance shall be adjudged
invalid, such adjudication shall only apply to the section, subsection,
clause, paragraph, phrase or provision as adjudged invalid and the rest
of the Ordinance shall remain valid and effective. (Ord. 97-G-21,
10-6-1997, eff. 11-15-1997)
4-3-8: EFFECTIVE DATE:
That this Ordinance, or a summary
thereof, is hereby ordered to be published in The Township Times, a
newspaper of general circulation within the Township of Thomas on
October 15, 1997, and shall become effective thirty (30) days from the
date of said publication. All ordinances or parts of ordinances in
conflict herewith are hereby repealed. (Ord. 97-G-21, 10-6-1997, eff.
11-15-1997)
NOISE ABATEMENT
4-4-1: SHORT TITLE:
This Ordinance may be cited as the
NOISE ABATEMENT ORDINANCE. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-2: DEFINITIONS:
COMMERCIAL AREA: Refers to a parcel of
land zoned for or legally used for commercial purposes. A parcel which
is zoned commercial by the Township Zoning Ordinance or is legally being
devoted to a use which is a principal permitted use in such zoning
districts is presumed to be such an area.
CONTINUOUS NOISE: Means any noise whose
level does not vary during a period of at least five (5) minutes.
EMERGENCY: Means any occurrence or set
of circumstances involving actual or imminent physical trauma or
property damage which demands immediate action necessary to protect the
public health, safety and welfare.
IMPULSIVE NOISE: Means a short burst of
sound not exceeding ten (10) seconds in duration.
INTERMITTENT NOISE: Means any noise
whose level remains constant which goes on and off during a course of at
least ten (10) seconds or goes on and off during a period of at least
five (5) minutes, but which exceeds ten (10) seconds in duration each
time it is on.
NIGHTTIME: Unless otherwise specifically
noted, means the hours from ten o'clock (10:00) P.M. to seven o'clock
(7:00) A.M.
NOISE: Refers to any sound occurring on
either a continuous, intermittent or impulsive basis. It also means the
intensity, frequency, duration and character of sound, including sound
and vibration of sub audible frequencies.
NOISE DISTURBANCE: Means any sound which
endangers or injures the safety or health of humans or animals; annoys
or disturbs a reasonable person of normal sensibilities; and/or
endangers or injures personal or real property.
REAL PROPERTY BOUNDARY: Means an
imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by
another person, but not including intrabuilding real property divisions.
(Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-3: PROHIBITED
GENERALLY:
It shall be unlawful for any person to
unreasonably make, continue or cause to be made or continued, any noise
disturbance. Noncommercial public speaking and public assembly
activities conducted on any public space or public right of way shall be
exempt from the operation of this Ordinance. (Ord. 97-G-12, 5-5-1997,
eff. 6-13-1997)
4-4-4: RADIOS,
TELEVISION SETS, MUSICAL INSTRUMENTS, TAPE PLAYERS, COMPACT DISC PLAYERS
AND SIMILAR DEVICES:
Operating, playing or permitting the
operation or playing of any radio, television, phonograph, drum, musical
instrument, sound amplifier or similar device which produces, reproduces
or amplifies sound is prohibited as follows:
A. In such a manner as to
create a noise disturbance across a real property boundary.
B. In such a manner as to
create a noise disturbance at fifty feet (50') (15 meters) from such
device, when operated in or on a motor vehicle on a public right of way
or public space.
C. In such a manner as to
create a noise disturbance to any person other than the operator of the
device, when operated by any passenger on a common carrier. (Ord.
97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-5: LOUDSPEAKERS;
PUBLIC ADDRESS SYSTEMS:
It shall be unlawful to:
A. Noncommercial Use: Use
or operate for a noncommercial purpose any loudspeaker, public address
system or similar device during the nighttime, so that the sound there
from creates a noise disturbance across a residential real property
boundary.
B. Commercial Use: Use or
operate for any commercial purpose any loudspeaker, public address
system or similar device:
1. When the sound creates
a noise disturbance across a real property boundary.
2. During the nighttime
or on a public right of way or public space. (Ord. 97-G-12, 5-5-1997,
eff. 6-13-1997)
4-4-6: ANIMALS AND
BIRDS:
It shall be unlawful to own, possess or
harbor any animal or bird which frequently or for continued duration,
howls, barks, meows, squawks or makes other sounds which create a noise
disturbance across a residential real property boundary. (Ord. 97-G-12,
5-5-1997, eff. 6-13-1997)
4-4-7: LOADING AND
UNLOADING:
Loading, unloading, opening, closing or
other handling of boxes, crates, containers, building materials, or
similar objects during the nighttime in such a manner as to cause a
noise disturbance across a residential real property boundary shall be
unlawful. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-8: VEHICLE OR
MOTORBOAT REPAIRS AND TESTING:
It shall be unlawful to repair, rebuild,
modify or test any motor vehicle, motorcycle or motorboat in such a
manner as to cause a noise disturbance across a residential area
property boundary. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-9: EXPLOSIVES,
FIREARMS AND SIMILAR DEVICES:
The use or firing of explosives,
firearms, or similar devices which create impulsive sound so as to cause
a noise disturbance across a real property boundary or in a public space
or right of way shall be unlawful except in areas where firing a gun
and/or hunting is allowed. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-10: DOMESTIC POWER
TOOLS AND EQUIPMENT:
It shall be unlawful to operate or
permit the operation of any mechanically powered saw, drill, sander,
grinder, lawn or garden tool, snow blower, pump or similar device used
outdoors in residential areas during the nighttime so as to cause a
noise disturbance across a residential real property boundary, except in
an emergency. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-11: EXCEPTIONS:
This Ordinance shall not apply to the
following:
A. Alarms: The emission
of sound for the purpose of alerting persons to the existence of an
emergency.
B. Emergency Work: The
emission of sound in the performance of emergency work.
C. Motor Vehicles And
Equipment: Motor vehicles and equipment for which noise levels are
regulated by Act No. 73 of the Public Acts of Michigan of 1978 (MCLA
257.707a et seq.), as amended, and/or the Township Traffic Code.
D. Aircraft And Trains:
Aircraft and train.
E. Building Construction
And Demolition: The erection (including excavating), demolition,
alteration or repair of any building:
1. Between the hours of
seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. Monday through
Saturday and ten o'clock (10:00) A.M. to six o'clock (6:00) P.M. on
Sunday; or
2. At any other time if a
permit has been secured from the Building Official. Such permit may be
issued if the Building Official finds the following facts to exist:
a. Issuance of the permit
is in the interest of public health or safety.
b. The public health and
safety will not be impaired.
c. The permit is
necessary to avoid substantial loss or inconvenience to an interested
party.
F. Domestic Equipment:
The operation of domestic tools such as lawnmowers, snow blowers, edgers,
etc., when such tools are operated in a manner and frequency that is
normal and customary in the community.
G. Public Functions:
Public functions which request and are given specific exemption by the
Township Board.
H. Public Employees:
Peace officers, members of any branch of the armed services, public
employees, and members of a fire department while in the discharge of
their proper duties. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-12: SANCTIONS:
A. Any person or other
entity who violates any of the provisions of this Ordinance is
responsible for a municipal civil infraction as defined by Michigan law
and subject to a civil fine of not more than five hundred dollars
($500.00) plus costs, which may include all direct or indirect expenses,
to which the Township has been put in connection with the violation. In
no case, however, shall costs of less than nine dollars ($9.00) or more
than five hundred dollars ($500.00) be ordered. A violator of this
Ordinance shall also be subject to such additional sanctions, remedies,
and judicial orders as are authorized under Michigan law. Each day a
violation of this Ordinance continues to exist constitutes a separate
violation.
B. Any person or entity
who violates any of the provisions of this Ordinance and who has been
issued a municipal civil infraction violation notice as defined by
Ordinance 97-G-01
1 and who admits
responsibility therefore within the time specified thereon shall pay a
civil fine and costs at the Thomas Township Municipal Ordinance
Violations Bureau in accordance with the schedule of civil fines and
costs in section 9 of Ordinance 97-G-01
2 which is incorporated
herein by reference. (Ord. 97-G-12, 5-5-1997, eff. 6-13-1997)
4-4-13: SEVERABILITY:
The provisions of the within Ordinance
are hereby declared to be severable and should any provision, section,
or part thereof be declared invalid or unconstitutional by any court of
competent jurisdiction, such decision shall only affect the particular
provision, section or part thereof involved in such decision and shall
not affect or invalidate the remainder of such Ordinance which shall
continue in full force and effect. (Ord. 97-G-12, 5-5-1997, eff.
6-13-1997)
4-4-14: EFFECTIVE DATE:
That this Ordinance, or a summary
thereof, is hereby ordered to be published in the Township Times, a
newspaper of general circulation within the Township of Thomas on May
14, 1997, and shall become effective thirty (30) days from the date of
said publication. All ordinances or parts of ordinances in conflict
herewith are hereby repealed, including section 5 of Ordinance G-01-87,
known as the Dog Control Ordinance. (Ord. 97-G-12, 5-5-1997, eff.
6-13-1997)
OPEN HOUSE PARTY
4-5-1: PREAMBLE:
A. Whereas, the Township
of Thomas finds that the unregulated use of alcohol and drugs by minors
creates social problems in many communities throughout the United
States, including the Township of Thomas; and
B. Whereas, the use of
alcohol and drugs by minors can have devastating effects on not only the
minors but on the public at large, including, but not limited to,
injuries caused by vehicles operated by persons under the influence of
alcoholic beverages or drugs; and
C. Whereas, the Township
of Thomas further finds that adults could significantly alleviate
alcohol and drug problems by assuming the responsibility for open house
parties which occur at their residences. (Ord. 97-G-12, 5-5-1997, eff.
6-13-1997)
4-5-2: SHORT TITLE;
DEFINITIONS:
This Ordinance shall be known as the
HOUSE PARTY ORDINANCE. For the purpose of this Ordinance, the
following terms shall be defined as follows:
ADULT: Means a person seventeen (17)
years of age or older.
ALCOHOLIC BEVERAGE: Means any beverage
containing more than one-half of one percent (0.5%) of alcohol by
weight. The percentage of alcohol by weight shall be determined in
accordance with the provisions of Michigan Compiled Laws, section 436.2,
as may be amended from time to time.
CONTROL: Means any form of regulation or
dominion including a possessory right.
DRUGS: Means a "controlled substance" as
defined now or hereafter by the Public Acts of the State of Michigan.
Currently, such "controlled substances" are defined by Act No. 196 of
the Public Acts of 1971, as amended, being sections 335.301 through
335.367 of the Michigan Compiled Laws.
MINOR: Means a person not legally
permitted by reason of age to possess alcoholic beverages pursuant to
Michigan Compiled Laws, section 436.33b, as may be amended from time to
time.
OPEN HOUSE PARTY: Means a social
gathering of persons at a residence, other than the owner or those with
rights of possession or their immediate family members.
RESIDENCE: Means a
home, apartment, condominium or other dwelling unit and includes the
curtilage of such dwelling unit. (Ord. G-01-90, 4-2-1990, eff.
5-12-1990)
4-5-3: REGULATIONS:
No adult having control of any residence
shall allow an open house party to take place at said residence if any
alcoholic beverage or drug is possessed or consumed at said residence by
any minor where the adult knew or reasonably should have known that an
alcoholic beverage or drug was in the possession of or being consumed by
a minor at said residence, and/or where the adult failed to take
reasonable steps to prevent the possession or consumption of the
alcoholic beverage or drug at said residence. (Ord. G-01-90, 4-2-1990,
eff. 5-12-1990)
4-5-4: EXCEPTIONS:
The provisions of this Ordinance shall
not apply to:
A. Use In Presence Of
Parents: The consumption, use or possession of alcoholic beverages by a
minor in the presence of his or her parent or legal guardian or a person
placed in the position of a parent by such parent or legal guardian;
B. Prescription Drugs:
The consumption, use or possession of a drug by a minor pursuant to a
lawful prescription of such drug;
C. Religious, Educational
Activities: Religious observances, educational activities and medical
treatment;
D. Running Errands;
Employment: The possession of alcoholic beverages or lawfully prescribed
drugs by a minor during the course of an errand for a person described
in subsection A hereof, or such possession as may be incidental to the
lawful employment of such minor. (Ord. G-01-90, 4-2-1990, eff.
5-12-1990)
4-5-5: PENALTIES:
The penalties for violation of this
Ordinance shall be as follows:
A. For the first
violation, a fine not exceeding five hundred dollars ($500.00) or
imprisonment in the Saginaw County Jail for a term not to exceed thirty
(30) days or by both such fine and imprisonment, at the discretion of
the court.
B. For subsequent
violations, a fine not exceeding five hundred dollars ($500.00) or
imprisonment in the Saginaw County Jail for a term not to exceed ninety
(90) days or by both such fine and imprisonment, at the discretion of
the court. (Ord. G-01-90, 4-2-1990, eff. 5-12-1990)
4-5-6: REPEALER:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed only to the extent necessary to
give this Ordinance full force and effect. (Ord. G-01-90, 4-2-1990, eff.
5-12-1990)
4-5-7: SEVERABILITY:
Should any section, subdivision, clause
or phrase of this Ordinance be declared by the courts to be invalid,
such declaration shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so invalidated. (Ord.
G-01-90, 4-2-1990, eff. 5-12-1990)
4-5-8: SAVINGS:
All proceedings pending and all rights
and liabilities existing, acquired, or incurred at the time this
Ordinance takes effect, are saved and may be consummated according to
the law in force when they are commenced. (Ord. G-01-90, 4-2-1990, eff.
5-12-1990)
4-5-9: EFFECTIVE DATE:
This Ordinance shall take effect and be
enforce thirty (30) days after its publication. Effective date: May 12,
1990. (Ord. G-01-90, 4-2-1990, eff. 5-12-1990)
HUNTING CLOSURE
4-6-1: RESTRICTIONS;
FIREARM, SEASON, AREA:
That hunting with, or the discharge of,
a center fire rifle is unlawful within Thomas Township, Saginaw County,
State of Michigan except at Saginaw Field and Stream. (Ord. 98-G-03,
5-4-1998, eff. 6-12-1998)
4-6-2: SAFETY ZONES:
"Safety zones" are defined as all area
within four hundred fifty feet (450') of an occupied dwelling, house,
cabin, residence, or any barn or other building used in a farm
operation. No person may hunt, or discharge a firearm within a safety
zone or shoot any wild animal or wild bird while the bird or animal is
within a safety zone, without written permission of the owner or
occupant of such safety zone. This applies to all hunters, including
archery hunters within Thomas Township, Saginaw County, and State of
Michigan. (Ord. 98-G-03, 5-4-1998, eff. 6-12-1998)
4-6-3: CLOSURE SIGNS;
NOTICE, PUBLICATION:
At least four (4) closure notices,
relatively equally spaced, shall be posted and maintained on the
boundaries of the closed area. Notice of closure shall be published for
three (3) successive weeks, at least once in each week, prior to closure
in a newspaper of general circulation within the Township of Thomas. (Ord.
98-G-03, 5-4-1998, eff. 6-12-1998)
4-6-4: EXCEPTION:
The prohibitions contained herein
against the discharge of firearms shall not apply to peace officers or
members of any branch of the armed forces in discharge of their proper
duties. (Ord. 98-G-03, 5-4-1998, eff. 6-12-1998)
4-6-5: SANCTIONS:
Any person who shall violate or shall
refuse to comply with any provision of this Ordinance shall be guilty of
a misdemeanor and shall be punished, upon conviction thereof, by a fine
of not more than five hundred dollars ($500.00) or by imprisonment for a
term of not to exceed ninety (90) days, or by both such fine and
imprisonment, in the discretion of the court. (Ord. 98-G-03, 5-4-1998,
eff. 6-12-1998)
4-6-6: SEVERABILITY:
The provisions of the within ordinance
are hereby declared to be severable and should any provision, section or
part thereof be declared invalid or unconstitutional by any court of
competent jurisdiction, such decision shall only affect the particular
provision, section or part thereof involved in such decision and shall
not affect or invalidate the remainder of such ordinance which shall
continue in full force and effect. (Ord. 98-G-03, 5-4-1998, eff.
6-12-1998)
4-6-7: EFFECTIVE DATE:
That this Ordinance, or a summary
thereof, is hereby ordered to be published in The Township Times, a
newspaper of general circulation within the Township of Thomas on May
13, 1998, and shall become effective June 12, 1998, thirty (30) days
from the date of said publication. All ordinances or parts of ordinances
in conflict herewith are hereby repealed, including Ordinance GO-01-82.
(Ord. 98-G-03, 5-4-1998, eff. 6-12-1998)
UNAUTHORIZED DISPLAY OF VEHICLES
FOR SALE
4-7-1: TITLE:
This ordinance shall be known as the
UNAUTHORIZED DISPLAY OF VEHICLES FOR SALE ORDINANCE. (Ord. 99-G-12,
5-3-1999, eff. 6-2-1999)
4-7-2: DEFINITIONS:
For the purposes of this ordinance, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
ENFORCEMENT AGENCY: Thomas Township
staff or employee that is authorized to issue unauthorized display of
vehicles for sale violations, including, but not limited to, the code
enforcement officer, building inspector, and police officer.
UNAUTHORIZED DISPLAY OF VEHICLES FOR
SALE: A vehicle displayed for sale which has remained on public property
or private property zoned B-1, B-2, B-3, B-4, B-5 or M-1 as depicted now
or hereafter on the Thomas Township zoning map for a period of forty
eight (48) hours after the enforcement agency or other authorized
township employee has affixed to the vehicle, a written notice, as
specified in this ordinance.
VEHICLES: A vehicle includes, but is not
limited to, items such as a car, truck, van, motorcycle, bike,
all-terrain vehicle, trailer, recreational vehicle, camper, snowmobile,
boat, jet ski, or any motorized or nonmotorized items customarily towed
by a motorized vehicle, whether attached to a vehicle, placed on or in a
trailer or freestanding. (Ord. 99-G-12, 5-3-1999, eff. 6-2-1999; amd.
Ord. 06-G-04, 5-1-2006, eff. 6-10-2006)
4-7-3: ENFORCEMENT
AGENCY PROCEDURES:
If there is an unauthorized display of a
vehicle for sale on public or private property, the enforcement agency
shall do all of the following:
A. Affix to the vehicle a
written notice containing the following information:
1. The date and time the
notice was affixed.
2. The name and address
of the enforcement agency taking the action.
3. The name of the
officer, inspector or authorized employee affixing the notice.
4. The date and time the
vehicle may be considered a municipal civil infraction and the owner may
be issued a municipal civil infraction notice of violation.
5. The date and time the
vehicle may be considered abandoned, taken into custody, and stored at
the owner's expense or scrapped if the vehicle is not removed pursuant
to the abandoned vehicle ordinance.
6. The year, make, and
vehicle identification number of the vehicle, if available.
B. Attempt to contact the
seller by calling the number on the vehicle for sale, if available. (Ord.
99-G-12, 5-3-1999, eff. 6-2-1999)
4-7-4: MUNICIPAL CIVIL
INFRACTION VIOLATION:
If the vehicle is not removed from such
property within forty eight (48) hours after the date the notice was
affixed, the vehicle shall be in violation of this ordinance and a
municipal civil infraction violation notice may be issued to the owner
of said vehicle. Removal of the vehicle to any other public property or
private property zoned B-1, B-2, B-3, B-4, B-5 or M-1 and display of
such vehicle for sale within forty eight (48) hours after the written
notice is affixed or any subsequent unauthorized display of said vehicle
for sale shall not require any further or additional written notice and
a municipal civil infraction violation notice may be issued immediately
to the owner of said vehicle. (Ord. 99-G-12, 5-3-1999, eff. 6-2-1999)
4-7-5: FAILURE TO
REMOVE VEHICLE:
If the vehicle is not removed from the
property within forty eight (48) hours after the date the notice was
affixed, the process of removing the vehicle under the abandoned vehicle
ordinance may begin. (Ord. 99-G-12, 5-3-1999, eff. 6-2-1999)
4-7-6: EXCEPTIONS:
This ordinance shall not apply if:
A. The vehicle is parked
in a designated parking space and it is driven to and from work on a
daily basis by an employee or owner of a business on the same parcel
where the vehicle is parked, and the seller has not displayed a vehicle
for sale on the parcel within the past six (6) months.
B. The use of the parcel
is for a single-, two-, or multiple-family dwelling, no business is
located on the parcel, and the vehicle is parked in a designated parking
space.
C. The vehicle is
displayed for sale on a Thomas Township approved sales lot, including
new or used automobile sales lots. (Ord. 99-G-12, 5-3-1999, eff.
6-2-1999)
4-7-7: SANCTIONS:
Any person or other entity who violates
any of the provisions of this ordinance is responsible for a municipal
civil infraction as defined by Michigan law and subject to a civil fine
of not more than five hundred dollars ($500.00) plus costs, which may
include all direct or indirect expenses, to which the township has been
put in connection with the violation. In no case, however, shall costs
of less than nine dollars ($9.00) be ordered. A violator of this
ordinance shall also be subject to such additional sanctions, remedies,
and judicial orders as are authorized under Michigan law. Each day a
violation of this ordinance continues to exist constitutes a separate
violation.
Any person or entity who violates any of
the provisions of this ordinance and who has been issued a "municipal
civil infraction violation notice" as defined by section 1-3-2 hereof
and who admits responsibility therefore within the time specified
thereon shall pay a civil fine and costs at the Thomas Township
municipal ordinance violations bureau in accordance with the schedule of
civil fines and costs in section
1-3-9 hereof which is incorporated herein by reference. (Ord.
99-G-12, 5-3-1999, eff. 6-2-1999)
TENTS
4-8-1: APPLICATION OF
ORDINANCE:
The provisions of this ordinance shall
apply only to any tent in or under which merchandise is displayed for
purchase or viewing by the public or any tent in which the public is
invited whether or not an admission fee is paid upon entry and which is
located on property zoned B-1, B-2, B-3, B-4, B-5, or M-1 on the Thomas
Township zoning map. (Ord. 03-G-03, 10-6-2003, eff. 11-14-2003)
4-8-2: PERMIT REQUIRED:
Prior to the erection of any tent on any
property zoned B-1 through B-5 or M-1 on the Thomas Township zoning
district map, the owner of said property or the owner's authorized agent
shall apply for a permit on an application form supplied by the township
and pay the fee established by the township board of trustees. (Ord.
03-G-03, 10-6-2003, eff. 11-14-2003)
4-8-3: TIME FOR REVIEW:
The township shall have ten (10)
business days to review the application and act thereon, provided,
however, said time period may be extended upon the mutual agreement of
the applicant and such person designated by the township. (Ord. 03-G-03,
10-6-2003, eff. 11-14-2003)
4-8-4: REQUIREMENTS:
The township shall review the
application and deny a permit if the applicant cannot demonstrate
compliance with the township's requirements including, but not limited
to, the following:
A. The applicant is in
compliance with all of the township's codes or ordinances.
B. The tent site has
adequate parking and lighting.
C. The tent has adequate
exits and fire protection.
D. The tent site has
adequate restroom facilities.
E. The tent has adequate
drainage or sewers.
F. The applicant's use of
this tent will not create a "noise disturbance" as defined in section
4-4-2 hereof. (Ord. 03-G-03, 10-6-2003, eff. 11-14-2003)
4-8-5: LENGTH OF
PERMIT:
Any permit issued hereunder shall be
valid for only forty five (45) days during the twelve (12) consecutive
month period following the date of issuance. (Ord. 03-G-03, 10-6-2003,
eff. 11-14-2003)
4-8-6: MUNICIPAL CIVIL
INFRACTION VIOLATION AND SANCTIONS:
Any person or other entity who violates
any of the provisions of this ordinance is responsible for a municipal
civil infraction as defined by Michigan law and is subject to a civil
fine of not more than five hundred dollars ($500.00) plus costs, which
may include all direct or indirect expenses, to which the township has
been put in connection with the violation. In no case, however, shall
costs of less than nine dollars ($9.00) be ordered. A violator of this
ordinance shall also be subject to additional sanctions, remedies, and
judicial orders as are authorized under Michigan law. Each day a
violation of this ordinance continues to exist constitutes a separate
violation.
Any person or entity who violates any of
the provisions of this ordinance and who has been issued a "municipal
civil infraction violation notice" as defined by section
1-3-2 hereof and who admits responsibility therefore within the time
specified thereon shall pay a civil fine and costs at the Thomas
Township municipal ordinance violations bureau in accordance with the
schedule of civil fines and costs in section
1-3-9 hereof which is incorporated herein by reference. (Ord.
03-G-03, 10-6-2003, eff. 11-14-2003)
Disclaimer:
This code is provided for informational purposes only. The formatting of
this document varies from the official hard copy of the code. In the
case of any discrepancy between this version and the official hard copy,
the official hard copy will prevail. This web version of the code may
not reflect all of, or the most current, legislation that has been
passed.