Litter Ordinance

LITTER ORDINANCE #120820

AN ORDINANCE TO PROVIDE FOR THE REGULATION, CONTROL AND PROHIBITION OF LITTERING OF OR ON PROPERTY OR WATERS OF AND IN GENOA TOWNSHIP; AND TO PROVIDE PENALITIES FOR VIOLATION OF SAID ORDINANCE.

THE TOWNSHIP OF GENOA, LIVINGSTON COUNTY, MICHIGAN ORDAINS:

SECTION 1. DEFINITIONS

The term "litter" shall include, without limitation, all rubbish, refuse, waste 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), glass, cans bottles, discarded or abandoned machinery, equipment or parts thereof, discarded or abandoned motor vehicles or parts thereof, parts of broken furniture, furniture not designed for outdoor use, stoves or other appliances and industrial wastes.

The term "person" shall include all natural persons, firms, co-partnerships, corporations, and all associations of natural persons, incorporated or unincorporated, whether acting by themselves, or by agent or employee. All persons who violate any provision of this ordinance, whether as owner, occupant, lessee, agent or employee shall be equally liable as any principal.

The term "public and private property" means all open property located in the Township and includes, but is not limited to, any and all streets, right of way of any street, 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; and residential or farm properties or timberlands.

The term "vehicle" means every motor vehicle required to be registered under the provisions of Act. No. 300 of Public Act of 1949 of the State of Michigan, the Michigan Vehicle Code, as amended, (MCL 257.1, et seq) to operate on a public road.

The term "vessel" means every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on water.

The term "waters" means any body of water or watercourses, or the shore or beach thereof, including the ice above the water.

SECTION 2. LITTERING; PUBLIC AND PRIVATE PROPERTY

(1) It shall be unlawful for any person to knowingly 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 property or any waters within the Township other than property designated and set aside by the Township for such purposes, or except in public receptacles and private receptacles for collection and disposal.

(2) Subject to Section 4, it shall be unlawful for the owner or a person in control of any private property to fail to maintain his or her property free of litter. Placement of Litter in receptacles pursuant to Section 4 shall only be done as reasonably necessary for the purposes of collection and disposal.

SECTION 3. LITTER THROWN BY PERSONS IN VEHICLES

It shall be 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 or other public or private property 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 or by animals upon any street, sidewalk or other public or private lands or place.

SECTION 5. TRUCK LOADS CAUSING LITTER

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. PRESUMPTIONS RE VEHICLES OR VESSELS

(1) In a proceeding for a violation of this ordinance 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, placed 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 vehicle or leased 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 lessee of the vehicle or vessel at the time of 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 7. VIOLATION; PUNISHMENT

Any violation of this ordinance by any person shall be deemed a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) plus costs of prosecution, or by imprisonment in the county jail not to exceed ninety (90) days, or by such fine and imprisonment plus costs of prosecution. The court in lieu of any sentence imposed, may direct a substitution of litter gathering labor, including, but not limited to, the litter connected with the particular violation, and proper disposal of said litter, under the supervision of the court. Each day that a violation continues shall be deemed to be a separate violation. This ordinance shall not prevent the Township from using other methods or means available under Michigan law pertaining to litter problems or violations.

SECTION 8. CONFLICTING PROVISIONS REPEALED

Ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed.

SECTION 9. 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
8th day of September ,2012.
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 8th day of September, 2012, and that the necessary legal provisions have been observed.
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Paulette A. Skolarus, Genoa Charter Township Clerk
I, Paulette A. Skolarus, 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 August, 2012.
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Paulette A. Skolarus, Genoa Charter Township Clerk