on May 4, 2011 at 3:16am.
Litter Ordinance
LITTER ORDINANCE
AN ORDINANCE TO CONTROL AND PROHIBIT THE LITTERING OF PUBLIC AND PRIVATE PROPERTY AND WATERS; AND TO PRESCRIBE PENALITIES FOR VIOLATION OF SAID ORDINANCE.
THE PEOPLEOF THE TOWNSHIP OF GENOA ORDAIN:
SECTION 1. LITTERING; PUBLIC AND PRIVATE PROPERTY
It is unlawful for any person knowingly, without consent of the township, to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of, litter in or upon any public or private premises or any waters, in the township other than property designated and set aside for such purposes, or except in public receptacles and private receptacles for collection.
SECTION 2. DEFINITIONS
"Litter" is all rubbish, refuse, water material, garbage, including but not limited to the following; waste composed or animal, fish, fowl fruit or vegetable matter, dead animals, putrescible and non-putrescible solid waste (except body wastes), ashes, glass, cans bottles, discarded or abandoned machinery, discarded motor vehicles or parts thereof, industrial wastes.
"Person" is any individual or legal entity.
"Motor Vehicle" means every motor vehicle registered under Act. No. 300 of Public Act of 1949 of the State of Michigan as amended.
"Public Premises" are any and all streets, right of way of any road or highway, sidewalk, boulevard, alley or other public way and any and all public park, square, open space, conservation or
recreation area playground or building.
"Vessel" means every description of watercraft other than a seaplane on the water, used or capable of being used as a means or transportation on water
"Waters" is any body of water or watercourses on the shore or beach thereof, including the ice above the water.
SECTION 3. LITTER THROWN BY PERSONS IN VEHICLES
It is unlawful for any person while a driver or passenger in a vehicle or vessel to throw or deposit litter upon any street, roadway or waters of other public place or private premises within the township.
SECTION 4. PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT SCATTERING
Persons placing litter in public or private receptacles designed for such purposes shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public or private lands or place.
SECTION 5. TRUCK LOADS CAUSING LTTER
No person shall drive or move any motor vehicle or trailer within the township unless such vehicle or trailer is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or public or private lands or place.
SECTION 6. OWNER TO MAINTAIN PREMISES FREE OF LITTER; NOTICE TO REMOVE
(1) It is unlawful for the owner or person in control of any private property to fail to maintain his premises free of litter after due notification by the township manager or supervisor that
said premises is a danger to the public health, safety and welfare of the township.
(2) The township manager or supervisor is hereby authorized and empowered to personally, or by registered mail return receipt requested, notify the owner of any property within the township, that
said property is dangerous to public health, safety and welfare.
(3) Upon failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within thirty days after receipt of notice
as provided in subsection (2) above, the township manager or supervisor shall make a full and complete report thereof to the township board, which may then cause the township constable to take
necessary steps to procure a complaint and warrant against the offending individual or individuals.
SECTION 7. PRESUMPTIONS RE VEHICLES OR VESSELS
(1) In a proceeding for a violation of this act involving litter from a motor vehicle or vessel, proof that the particular vehicle or vessel 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 or vessel at the time of the violation,
constitutes in evidence a presumption that the registered owner of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.
(2) The driver of a vehicle or vessel is presumed to be responsible for litter which is thrown, dropped, dumped, deposited, places or left from the vehicle or vessel on public or private property
or waters.
(3) In a proceeding for a violation of this act involving litter from a leased vessel, proof that the particular vehicle or vessel described in the citation, complain or warrant was used in the
violation, constitutes in evidence a presumption that the lessee of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.
SECTION 8. VIOLATION; PUNISHMENT
Any person violating any provision of this ordinance shall be fined an amount not in excess of Five Hundred Dollars or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment and costs of prosecution. The court in lieu of any sentence imposed may direct a substitution of litter gathering labor and proper disposal of said particular violation under the supervision of the court.
SECTION 9. CONFLICTING PROVISIONS REPEALED
Ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed.
SECTION 10. SEVERABILITY
This ordinance and various parts, sections and clauses thereof are hereby declared severable. If any part, section, paragraph or clause is adjudged invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby.
This ordinance shall take effect on the
24th day of October, 1975.
State of Michigan )
) ss.
County of Livingston )
I hereby certify that the foregoing ordinance is a true copy of the ordinance enacted by the township board on the 15th day of September, 1975, and that the necessary legal provisions have been observed.
____________________________
Wendy W. Peterson, Township Clerk
I, Wendy W. Peterson, Clerk of the Township of Genoa, hereby certify that the foregoing ordinance was published within ten days after adoption by printing the same in the Livingston County press on the 24th day of September, 1975.
____________________________
Wendy W. Peterson, Township Clerk