Ordinance
No. 56
TOWNSHIP
OF SPRING ARBOR
AN ORDINANCE TO CONTROL AND PROHIBIT THE LITTERING OF PUBLIC AND
PRIVATE PROPERTY WITHIN THE TOWNSHIP OF SPRING ARBOR
At a regular meeting of the Township Board of the Township of Spring
Arbor held in the Township Hall on the 13th day of March, 2000,
at 7:30 p.m., the following Ordinance was offered by Member Videto
and supported by Member Short.
THE
TOWNSHIP OF SPRING ARBOR ORDAINS:
SECTION
1. SHORT TITLE AND CITATION
This Ordinance shall be known and cited as the Spring Arbor Township
Littering Ordinance.
SECTION
2. UNLAWFUL ACTS
It is unlawful for a person to knowingly 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. The phrase
"public or private property or water" includes, but is
not limited to, the right of way of a road 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.
It is unlawful for a person who removes a vehicle wrecked or damaged
in an accident on a highway, road, or street, to fail to remove
all glass and other injurious substances dropped on the highway,
road, or street as a result of the accident.
SECTION
3. DEFINITION
The term "litter" as used herein means all rubbish, refuse,
water material, garbage, offal, paper, glass, cans, bottles, trash,
plastic, metal, parts, debris or other foreign substances of every
kind and description.
SECTION
4. VIOLATION
Any person who violates this Ordinance is guilty of a misdemeanor
and may be fined not more than Five Hundred ($500.00) Dollars and
costs of prosecution, or imprisoned in the County Jail not to exceed
ninety (90) days or both. The Court, in lieu of any other sentence
imposed, may direct a substitution of litter gathering labor, including,
but not limited to, the litter connected with the particular violation,
under the supervision of the Court.
SECTION
5. PRESUMPTION
The driver of a vehicle or vessel is presumed to be responsible
for litter which is thrown, dropped, dumped, deposited, placed or
left from the vehicle or vessel on public or private property, or
waters defined in Section 1.
SECTION
6. VEHICLES DEFINED
For the purpose of this Ordinance "vehicles" means every
motor vehicle registered under Act 300 of the Public Act of 1949,
as amended.
SECTION
7. SEVERABILITY
If any section, subsection, clause, phrase, or portion of this Ordinance
is, for any reason, held invalid or unconstitutional by any court
or competent jurisdiction, such portion shall be deemed a separate,
distinct and independent portion of this Ordinance, and such holding
shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 8. EFFECTIVE DATE
This Ordinance shall be published in the manner provided by law
and shall take effect thirty (30) days after publication.
MEMBERS PRESENT: DeGraaf, DeVries, Melchiori, Fortress, Ganton,
Short. Videto MEMBERS ABSENT: None
AYES: DeVries, Ganton, DeGraaf, Short, Videto, Fortress, Melchiori
NAYS: None
Adopted: March 13, 2000
Effective: April 21, 2000
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