TITLE IX: GENERAL REGULATIONS

Chapter

Section

General

90.01 Title

90.02 Definitions

90.03 Cruelty

90.04 Poisoning

90.05 Birds and birds' nests

90.06 Abandonment prohibited

90.07 Control of manure and offal

90.08 Off premises deposits

90.09 Reporting of animals hit by motor vehicles

90.10 Trapping, confiscation; exception

90.11 Number of animals to be kept as pets

 

Dogs

90.20 Dogs - possession or ownership

90.21 Seizure and impounding of dogs

90.22 Dogs - rabies prevention

90.23 Dogs - exposure to rabies - notice

90.24 Dogs - impounding and release

90.25 Dogs - at large

Pit Bull Dogs

90.30 Prohibition

Animals

90.40 Exotic/wild animals

Penalties

90.50 Penalties

90.51 Nuisance per se

Enforcement

90.60 Enforcement authorized; interference prohibited

90.61 Repeal and effective date

This section shall be known and referred to as the "Animal Regulatory Ordinance".

(Ord. 263, passed 8-30-99)

For purposes of this chapter, certain words used herein are defined as follows:

Animal shall mean any live creature excepting human beings, fish, turtles, and birds.

Animal Control Officer shall mean any person designated by the State of Michigan or other unit of government as a law enforcement officer who is qualified to perform such duties under the laws of this State.

Animal shelter shall mean any facility operated by a humane society, governmental agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or state law.

Circus shall mean a commercial variety show featuring animal acts for public entertainment.

Domestic Animal shall mean an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or under the dominion and control of humans and has been kept as tame pets, no longer possessing a disposition or inclination to escape, raised as livestock, or used for commercial breeding purposes.

Exotic or Wild Animal shall mean an animal not occurring naturally in the City, either presently or historically, which animals are normally found in the wild.

Nature Preserve shall mean an area where exotic or wild animals are kept in a natural setting where the animals are not hunted or trapped.

Nuisance Per Se shall mean any animal which:

(1) Molests pedestrians or passing vehicles.

(2) Attacks other animals.

(3) Trespasses on school grounds.

(4) Is found at large.

(5) Damages private or public property.

(6) Barks, whines, howls, or makes any noise in excess after 11:00 p.m. and before 8:00 a.m.

(7) Defecates repeatedly at the same general location creating an accumulation.

Owner shall mean any person, partnership, corporation, or association owning, keeping or harboring one or more animals.

Pet shall mean an animal kept for pleasure rather than utility.

Restraint shall mean any animal secured by a leash or lead or under the control of a responsible person and obedient to that person's commands or within the real property limits of its owner.

Vicious Animal shall mean any animal or animals that constitute a physical threat to human being or other animals.

Wild Life Sanctuary shall mean an area where exotic or wild animals are protected and where the animals are not hunted or trapped.

(Ord. 263, passed 8-30-99)

No person shall torture, torment, deprive of necessary sustenance, cruelly beat, mutilate, or kill, or cause or procure to torture, torment, deprive of necessary sustenance, cruelly beat, mutilate, or kill any animal, and having the charge or custody of any animal, either as owner or otherwise, inflict unnecessary cruelty upon the same, or willfully fail to provide the same with proper food, drink, shelter, or protection from the weather.

(Ord. 263, passed 8-30-99)

No person shall throw or deposit any poisonous substance on any exposed public or private place where it endanger, or is likely to endanger, any animal or bird.

(Ord. 263, passed 8-30-99)

No person except a public safety officer acting in his official capacity, shall molest, injure, kill or capture any wild bird, or molest or disturb any wild bird's nest or the contents thereof.

(Ord. 263, passed 8-30-99)

No owner of an animal shall abandon such animal.

(Ord. 263, passed 8-30-99)

Every person keeping or harboring any animal shall keep or cause to be kept all manure or offal therefrom, which shall be deposited by such animal, from accumulating, and shall securely and closely confine to or bury upon his premises in such manner as will prevent it from being scattered from such place of deposit into or upon any street, sidewalk, alley, or gutter of the City, and shall so cover and care for it as to prevent any malodorous or offensive condition to exist and to prevent any nuisance to arise therefrom.

(Ord. 263, passed 8-30-99)

Any person who, while walking or escorting a dog or cat, or any other animal, allows said animal to deposit excrement on public or private property shall immediately remove and property dispose of such excrement. Any person owning a dog or cat, or any other animal, which deposits excrement on public or private property shall, upon being made aware of such fact, immediately remove and properly dispose of such excrement.

(Ord. 263, passed 8-30-99)

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the Police Department.

(Ord. 263, passed 8-30-99)

It shall be unlawful for any person, at any time, to trap, ensnare or to set out to make use of any kind or type of trap or ensnaring device for the purpose of trapping or ensnaring any animals, birds, or fowl, whether domestic or wild, within the City limits; provided that nothing contained in this section shall otherwise prohibit lawful methods of pest and rodent control within the interior portion of any building.

Any traps, ensnaring devices, or other apparatus used in prohibited trapping shall be seized and disposed of by the order of a court of competent jurisdiction, or by the duly authorized agent of the City. If there exists no court corder for the disposition of such seized property, such property shall be returned to the owner or person entitled to possession thereof, provided that such seized property is so identified by the person or person's name and address being attached or affixed upon the seized property. If such person or persons are not known or cannot be determined, then such seized property shall be disposed of in the same manner provided for the disposition of abandoned property.

This section shall not prohibit the owner or occupant of any property from trapping any rodents by use of a live trap, or any animal thereon for the purpose of live release thereafter of any such trapped animal as permitted by and in accordance with the City Police Department, the County Animal Control Department, or the State Department of Natural Resources rules and regulations.

(Ord. 263, passed 8-30-99)

It shall be unlawful for any person in the City to possess, harbor, shelter or keep more than three (3) adult animals, except kennels, veterinary hospitals, clinics, pet shops, or nature preserves in property zoned districts. An unlimited number of fish can be kept in an aquarium not to exceed a seventy (70) gallon capacity.

(Ord. 263, passed 8-30-99)

DOGS

No person owning, possessing, or having charge of any dog, shall permit such dog to be at large at any time in the City of West Branch in violation of any of the following restrictions:

(a) It shall be unlawful for any person to own, possess, or harbor any dog six (6) months old or over in the City unless the dog is licensed as provided by state or local law, or to harbor or possess any dog six (6) months old or over that does not at all times wear a collar or harness with a suitable tag attached as provided in this division.

(b) No person shall permit any vicious dog or which he is the owner, caretaker, or custodian to be unconfined unless securely muzzled and led by a leash. Any dog shall be deemed vicious which has bitten a person or domestic animal without molestation or which, but its actions gives indication that it is liable to bite any person or domestic animal without molestation.

(c) No person who is an owner of any female dog shall permit or allow such female dog to go beyond the premises of such owner when said dog is in heat.

(d) No person shall own, harbor, or keep a dog which by loud or frequent or habitual barking, helping, or howling, shall cause annoyance to the people in the neighborhood.

(e) No person shall own, harbor or keep any dog, either licensed or unlicensed that, by the destruction of the property or trespassing on property of others, becomes a nuisance in the vicinity where kept.

(Ord. 263, passed 8-30-99)

Any dog which is in violation of any section of this Chapter may be seized and impounded by the County Animal Control Officer or any police officer of the City, or authorized City employee. Any continuing violation or repeated violations of this Chapter shall constitute a nuisance Per Se and may be abated by an action in circuit court separately in addition to criminal and civil proceedings.

(Ord. 263, passed 8-30-99)

Any person who shall have in his possession a dog which has contracted rabies or which has been subjected to the same or which is suspected of having rabies or which has bitten any person, shall upon demand of the Police Department or the Health Officer, produce and surrender up such dog to be held for observation as hereinafter provided.

(Ord. 263, passed 8-30-99)

It shall be the duty of any person owning or harboring a dog which has been attacked or bitten by another dog or other animal showing the symptoms of rabies, immediately to notify the Police Department of his possession of such dog.

(Ord. 263, passed 8-30-99)

Any dog impounded for observation for rabies shall be held until released by the Health Officer or otherwise disposed of. Any dog impounded for having bitten any person shall be held not less than fourteen (14) days and in case any complaint shall have been made before any court asking that said dog be killed or confined, them said dog shall be confined until the case is finally disposed of.

(Ord. 263, passed 8-30-99)

No dog shall e permitted to run at large within the City limits of West Branch. Every person, firm, or corporation owning, harboring, or keeping any dog shall keep said dog under reasonable control of some person at all times.

Under reasonable control shall mean said dog is:

(a) Secured by a leash held by the owner or the owner's agent;

(b) Secured by a leash which is attached to a stationary object and attended by owner or owner's agent; or

(c) On the premises of the owner and unable to leave the property or confined in a vehicle.

Any dogs found running at large within the City of West Branch may be seized by a City Police Officer or authorized employee and/or a citation may be issued to the known owner for a violation of this Chapter. Prior to County Animal Control pick up, release of the dog shall be made only after proof of rabies vaccination and proper license has been produced by the owner. Dogs seized under this section may be sent to the County Animal Control.

(Ord. 263, passed 8-30-99)

PIT BULL DOGS

 

The City Council of the City of West Branch finds that Pit Bull dogs pose an inherent threat to the public health, safety, and welfare and therefore declares that it is unlawful for any person to keep, harbor, possess, walk on a leash, or allow to be at large any Pit Bull dog at any time within the corporate limits of the City of West Branch. For purposes of this section a Pit Bull dog shall be defined as any of the following:

(1) A Bull Terrier breed of dog.

(2) A Staffordshire Bull Terrier breed of dog.

(3) An American Pit Bull Terrier breed of dog.

(4) An American Staffordshire Terrier breed of dog.

(5) Any dog of mixed breed or of other breed than the above listed, which breed or mixed breed is known as a Pit Bull dog or Pit Bull Terrier.

(6) Any dog which has the appearance and characteristics of being predominately of any of the above listed breed or any combination thereof.

(Ord. 263, passed 8-30-99)

ANIMALS

Exotic and/or wild animals will not be permitted within the corporate limits of the City of West Branch.

No person, firm, or corporation shall keep any horses, cattle, swine, sheep, ponies, goats, rabbits, reptiles (snakes, lizards, turtles), exotic or wild animals, poultry, or other animals and fowl within the corporate limits of the City of West Branch.

Wherein any person, firm or corporation does have on their premises any horses, cattle, swine, sheep, ponies, goats, rabbits, reptiles (snakes, lizards, turtles), exotic or wild animals. poultry, or other animals and fowl, or more than three (3) dogs and three (3) cats within the corporate limits of the City of West Branch, prior to the effective date of this Chapter, said person, firm, or corporation shall make written application to the City of West Branch requesting to keep said animals in violation of the Animal Ordinance.

For consideration on such application, the City Clerk shall notify the residents directly to the north, south, east, and west of the subject's property. The City Council has the authority to review the application and either grant or deny the applicant's request after consideration of the following criteria:

(a) The total number and type of animals, reptiles, poultry, or fowl kept on subject's property prior to the effective date of this Ordinance.

(b) The intent and circumstances surrounding the request along with information regarding the place where said animals, reptiles, poultry, or fowl and the distance from such place of keeping to the public streets and the property lines of the applicant's premises.

(c) Convictions, pending violations, and complaints pertaining to this Chapter or its predecessor made against the applicant or any resident of the premises where the animals are proposed to be kept.

If it shall appear to the City Council after reviewing said application that it will not be detrimental to the health, safety, and welfare of any of their inhabitants of the City of West Branch, or constitute a public nuisance, the City Council shall grant to the person or persons applying therefore a permit in writing signed by the Mayor of the City of West Branch, authorizing the applicant to keep the specified animals, reptiles, poultry, or fowl.

Let it be known that any person, firm, or corporation granted permission by the City Council to allow such animals, reptiles, poultry, or fowl in violation of the effective date of this Chapter is expected to comply with this Chapter and that at such time that the animals, reptiles, poultry, or fowl are sole, given up, or die they shall not be replaced so eventually there is compliance.

The City Council shall have the authority to impose reasonable conditions upon such permit. Such conditions are designed to encourage compliance with the Ordinance, particularly the provisions prohibiting an animals constituting a public nuisance.

The provisions of this Chapter shall not be construed or interpreted as applying to the keeping of any canary, parakeet, or similar bird kept as a pet within any dwelling house or place of business within said City.

(Ord. 263, passed 8-30-99)

PENALTIES

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 263, passed 8-30-99; Am. Ord. 01-04, passed 6-18-01)

Any continuing violation or a repeated violation of this Chapter shall constitute a nuisance per se and may be abated by an action in circuit court separately or in addition to penalties incurred in §90.50..

(Ord. 263, passed 8-30-99; Am. Ord. 01-04, passed 6-18-01)

ENFORCEMENT

This Chapter shall be enforced by those persons or agencies designated by the City. It shall be a violation of this Chapter to interfere with an enforcement officer in the performance of his or her duties.

(Ord. 263, passed 8-30-99)

Chapter 90 and all other ordinances and partes of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

(Ord. 263, passed 8-30-99)

CHAPTER 91: FIRE PREVENTION

Section

Prohibited Burning

91.01 Open fires

91.02 Burning materials in incinerator

91.03 Enforcement of regulations

 

Fireworks

91.15 Fireworks for sale

 

91.99 Penalty

 

 

 

PROHIBITED BURNING

The burning of rubbish, refuse of any kind, grass, wood, paper and all garbage including leaves in open fires is hereby specifically prohibited.

(Ord. 179, passed 1-6-86) Penalty, see § 91.99

The items, materials or things generally set forth in § 91.01 may be burned in incinerators properly designed, constructed and maintained so that, in no instance, will the effluent therefrom unreasonably contaminate or pollute the air or be the source of stench, odor or noxious gas vapors or fumes.

(Ord. 179, passed 1-6-86) Penalty, see § 91.99

The enforcement of the provisions of this subchapter shall be the duty of the Police Department under the direction of the City Manager.

(Ord. 179, passed 1-6-86) Penalty, see § 91.99

FIREWORKS

Any person, firm, partnership or corporation who offers for sale, exposes for sale, sells at retail, keeps with intent to sell at retail, possesses, gives, furnishes, transports, uses, explodes or causes to explode firecrackers, torpedoes, skyrockets, roman candles, bottle rockets, whistling chasers, rockets on sticks, other fireworks of like construction, fireworks containing an explosive or inflammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern explosives is guilty of an offense punishable under § 91.99.

(Ord. 215, passed 2-17-92) Penalty, see § 91.99

(A) Violation of §§ 91.01 through 91.03 is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 179, passed 1-6-86; Am. Ord. 215, passed 2-17-92; Am. Ord. 01-04, passed 6-18-01

(B) Any person who shall, within the corporate limits of the City, commit any of the acts listed in § 91.15, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine not to exceed $500, plus reimbursement for costs of prosecution.

(Ord. 179, passed 1-6-86; Am. Ord. 215, passed 2-17-92)

CHAPTER 92: NUISANCES; WEEDS

Section

General Provisions

92.01 Smoking or burning of tobacco in publicly-owned buildings in City prohibited; exception

 

Weed Control

92.15 Weed growth prohibited

92.16 Duty of occupant or owner and of Commissioner

92.17 Failure to comply; work done by city; costs and liens

92.18 Exemptions

 

92.99 Penalty

 

 

 

GENERAL PROVISIONS

(A) It shall be unlawful to smoke or burn tobacco in any publicly-owned building in the City except in areas specifically designated for smoking or burning of tobacco.

(B) A sign or signs indicating that smoking is prohibited except in designated areas shall be posted at the entrance of each publicly-owned building and each designated smoking area shall be posted by a sign or signs indicating same.

(Ord. 209, passed 6-18-91) Penalty, see § 92.99

WEED CONTROL

(A) No person occupying any premises, and no person owning any unoccupied premises shall permit or maintain on any such premises any growth of noxious weeds; nor any growth of other rank vegetation to a greater height than 8 inches on the average nor any accumulation of dead weeds or brush.

(B) NOXIOUS WEEDS shall include Canada thistle (Circum arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior l.), poison ivy (rhus toxicondrendron), and poison sumac (toxicondrendron vernix) and they will be regarded as a common nuisance.

(Ord. 188, passed 8-3-87; Am. Ord. 09-02, passed 6-15-2009) Penalty, see § 92.99

It shall be the duty of the occupant of every premises and the owner of unoccupied premises within the City, to cut and remove or destroy by lawful means all such noxious weeds and brush, as often as may be necessary to comply with the provisions of § 92.15. The Commissioner of Noxious Weeds shall diligently inquire concerning the introduction and existence of noxious weeds in the City and if any are found growing therein, he shall take charge of all such growing and take care that they do not go to seed or otherwise spread, or become a detriment to the public health and he shall carefully seek and learn, so far as practicable, the best methods of their destruction, and he shall persistently apply in proper time such remedy or treatment as shall be best calculated to prevent their spread and to eradicate the same in cooperation with the occupant or owner.

(Ord. 188, passed 8-3-87) Penalty, see § 92.99

If the provisions of §§ 92.15 and 92.16 are not complied with, the Superintendent of Public Works shall notify the occupant, or owner of unoccupied premises, to comply with the provisions of this subchapter within a time to be specified in said notice, with a copy of the notice recorded at City Hall. The notice shall require compliance with this subchapter within five days after service of such notice, and if such notice is not complied with within the time limit, the City shall cause such weeds, and other rank vegetation to be removed or destroyed and the actual cost of such cutting, removal or destruction including supervision and overhead costs plus 10%, shall be a lien against the premises and collected in the manner prescribed in Act 359 of the Public Acts of 1941, as amended. The Director of Public Works shall be Commissioner of Noxious Weeds of the City, and shall serve as such without additional compensation.

(Ord. 188, passed 8-3-87)

Exempted from the provisions of this subchapter are flower gardens, plots of shrubbery, wood lots, vegetable gardens and small grain plots. An exemption under the terms of this section cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.

(Ord. 188, passed 8-3-87)

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 188, passed 8-3-87; Am. Ord. 209, passed 6-18-91; Am. Ord. 01-04, passed 6-18-01)

CHAPTER 93: PARKS AND RECREATION

Section

General Provisions

93.01 Definitions

93.02 Compliance required

93.03 Hours of operation

 

Permit Requirements

93.15 Permit required; application

93.16 Social permits, agreements and contracts

93.17 Exclusive use of parks

93.18 Granting of permits

93.19 Clean-up by permittee

93.20 Honoring special permits

 

Prohibited Uses and Acts

93.30 Injuring or defacing park equipment or facilities

93.31 Building fires

93.32 Use of playground equipment by adults

93.33 Restricted sections of parks

93.34 Hindering or resisting park police or employees in performance of duties

93.35 Firearms; bows and arrows; fireworks and other devices

93.36 Disorderly conduct

93.37 Public intoxication; intoxicating liquors

93.38 Animals

93.39 Removal of soil, trees and shrubs

93.40 Drinking fountains

93.41 Sleeping in parks

93.42 Throwing stones

93.43 Dumping articles in park

93.44 Disregarding posted signs, rules and regulations

93.45 Public meetings; parades

93.46 Posting or distributing advertisements

93.47 Games and sports

93.48 Sale of display of merchandise

93.49 Use of ice skating rink

93.50 Operation of motor vehicles

 

93.98 Civil liability

93.99 Penalty

 

 

 

 

GENERAL PROVISIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MOTOR VEHICLE. Any vehicle which is self-propelled, by any means whatever, including all devices in, upon or by which any person or property may be transported or drawn, excluding only devices moved exclusively by human power.

PARK. Any area or plat of land owned or operated by any municipal or public corporation and developed and used for public recreational purposes, including, but not limited to, landscaped tracts, picnic grounds, playgrounds, athletic fields, stadiums, camps, foot and bicycle paths, motor vehicle drives, ice rinks and other recreational structures and facilities for the use and benefit of the public.

PARKING. Standing a vehicle, whether occupied or not, when not loading or unloading, except when making necessary repairs.

PARKING LOT. Any off-street area, whether paved or not, located outside the boundary lines of any public street or highway and used by the public for parking of motor vehicles.

PERSON. Any natural person, firm, partnership, club, association, corporation, company, organization or group of any kind.

(Ord. 133, passed 2-16-76)

It shall be unlawful for any person to do any act herein forbidden, or to fail to perform any act herein required while any provision of this chapter by its terms or by necessary implications shall be applicable to that person.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

City parks shall be open to the public daily between the hours of 7:00 a.m. and 10:00 p.m. No person shall occupy or be present in any park during the hours it is not open to the public; provided, that City personnel, police officers on official duty or other City officers or employees on park duty, conducting City business or other persons with special permits are not so restricted.

(Ord. 133, passed 2-16-76; Am. Ord. 149, passed 9-10-79) Penalty, see § 93.99

PERMIT REQUIREMENTS

Any club, school, association, organization or recognized group desiring the use of specific areas of any park, such as picnic areas, athletic fields or ice rinks, shall file an application with the City Council through the City Clerk and shall not use the park or area until the permit is granted.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

Any club, school, organization, association or recognized group desiring the use of a portion of the park system for a money raising affair whether to cover the cost of operation or for profit, shall file an application with the City Council and pay to the Council such fees, charges, rents or percentages as required by the City Council for such activities and events. The applications, among other information, must designate the portion of the park desired, where ticket sales will be set up or if money is to be collected and how much per person or other unit of measurement and the location of which shall be under the control of the City Council. Any fees for the permit may be waived or refunded at the discretion of the City Council.

(Ord. 133, passed 2-16-76)

No permit shall be issued for the exclusive use of any park and no permittee shall exclude the public from the parks charge any admittance fee, sell tickets or otherwise require anyone to pay any fee for entering any park except as provided in § 93.16.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

The authority for granting permits shall be with the City Council.

(Ord. 133, passed 2-16-76)

All permits shall require the permittee to clean up the park area after activity has terminated and all applications for permits must give the name, address and phone number of the permittee or person responsible for the necessary policing thereof.

(Ord. 133, passed 2-16-76)

All persons shall honor any special permit issued by the City Council, for certain areas, days and times to clubs, organizations, teams or any other groups, including but not limited to public grounds, ball fields, skating rinks or stadiums, provided the permit is presented on official forms.

(Ord. 133, passed 2-16-76)

PROHIBITED USES AND ACTS

No person in any park owned or operated by the City shall willfully mark, deface, disfigure, cut, injure, tamper with, break, displace, or remove any buildings, cables, benches, tables, fireplaces, grills, light poles, fountains, tennis nets, trees, playground equipment, public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, flag poles, stakes, posts, fences or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall kindle, or build or cause to be kindled or built a fire in any park except in places designated by the City Council. In those areas where fires are permissible, such fires must be contained in a receptacle designed for the purpose of building a fire and must be attended at all times. No person shall set fire to trash or garbage or the contents of trash receptacles at any time. Exceptions to any of the above must have written approval from the City Council.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No adult person shall in any manner use any of the playground apparatus or devices meant exclusively for the use of children.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall enter upon any area of the park system where persons are prohibited from going as indicated by signs, notices or secured by fences and gates.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

(A) No person shall resist any police officer or City employee exercising his or her duty within the park area or fail or refuse to obey any lawful command of any such police officer or park employee or in any way interfere with or hinder or prevent any such police officer or park employee from discharging his or her duty.

(B) No person shall interfere with or in any manner hinder any employee of the City while engaged in construction, maintenance, repairing or caring for any park property.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall carry or discharge firearms of any description, sling shots, bow and arrows, or discharge fireworks, firecrackers, rockets or any types of fireworks, or things containing any substance of any explosive nature within the park system.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall make or excite any disturbance or contention on any public grounds or park. No person shall use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any other person.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No intoxicated person shall either enter or remain in the park system. However, alcoholic beverages will be permitted for consumption in the picnic areas only.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall bring in, cause, or allow any dog, cat or other pets or animals which he owns or has permission to control within the confines of any park unless such animal is attached to a leash not to exceed six feet in length; such leash to be of sufficient strength to hold such animal in constant check. No person shall intentionally allow any animal to deposit waste in any area of the park system unless the person in control of that animal immediately removes and disposes of such waste in the proper sanitary manner.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall dig or remove soil, rocks, stones, trees, shrubs or plants, nor pick flowers, nor attach any rope, wire or other device to any tree, plant, post, public utilities or any other structure.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall throw, discharge or otherwise place in the waters of any fountain, wash basin, toilets, any substance, liquid or solid, which may result in water pollution or create a health hazard to the public.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall sleep, whether in a vehicle, trailer, tent, hammock or other manner in the park system during the hours the park is closed to the public. Exceptions to the above shall require permission from the City Council or the City Police Department.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall throw or cast any stones within the City Park system.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall deposit any rubbish, garbage or refuse matter, break glass or bottles in or upon any part of the park system other than such refuse accumulated from organized and acceptable activities within the park, and such refuse must be deposited in receptacles provided for that purpose.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall willfully disregard posted signs which regulate the days, hours for various activities, or any other signs installed, posted or attached for control, maintenance, safety or any other purpose within the park system.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person, organization, club or group shall hold or participate in any parade, drill, exhibition, political meeting, religious meeting, concert, lecture or public entertainment of any kind within the park system without the express consent of the City Council.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall display any placard or advertisement of any kind in the park system, nor shall any person distribute, cast, throw or place any handbill, pamphlet, circular, advertisement or notice of any kind, nor post, stencil or otherwise affix any notice or bills, advertisement or other papers, upon structure or things in or about the park premises.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall engage in any sport, game, exercise or amusement in the park system except such portions thereof as may be designated by the City Council and then only under such rules and regulations as may be prescribed by the City Council.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall carry on any trade or business or sell or display any goods, wares or merchandise in the park system without permission from the City Council.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

No person shall draw, push or slide any sled, toboggan or any other device on any ice skating rink, nor shall hockey be played or hockey sticks be allowed on the ice during the time hockey is prohibited, nor shall items used for marking goals, such as boxes, cans, milk cases, broken cement, boards, or any other items used for such purpose remain on the ice when the game is over. No person shall throw snowballs, break bottles or glass upon the ice surface or surrounding park area.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

(A) The operation of motor vehicles in any park is prohibited except in that area laid out and appropriated as a driving lane or lanes, or parking area, or for motor vehicles used in the maintenance of park areas. No motor vehicle shall be driven or operated on said lane or lanes at a speed greater than ten miles per hour.

(B) No person shall stop, stand or park a motor vehicle except in such areas as may be laid out and designated as a parking area by the City Council.

(C) No person shall operate a motor vehicle on any land or service drive, whether protest or not, which is laid out as a means of access for maintenance employees to the various sections of the park system.

(D) No person shall park or store any motor vehicle during the hours the park is closed, in any park, parking area or driving lane owned or operated by the City. Members of the Police Department are hereby authorized to remove any vehicle so parked or stored.

(E) It shall be unlawful for any person, whether a pedestrian or whether operating a motor vehicle of any type to fail to obey any such applicable traffic control sign, signal, lane marking or other device, whether permanent or temporary, unless otherwise directed by a police officer or City personnel conducting City business.

(Ord. 133, passed 2-16-76) Penalty, see § 93.99

In addition to the penalties provided in this chapter for violating its provisions any person convicted of an act of vandalism shall reimburse the City for up to three times the amount of the damage as determined by the court. If two or more defendants are convicted of the vandalism the judgement for damages shall be entered against them jointly. In those cases wherein a convicted defendant is a minor the judgement shall be entered against his/her parents. All persons violating any provisions of this chapter, other than vandalism which is governed by the aforesaid, shall be jointly and severally liable for all damages done to the park while that person is so in violation.

(Ord. 133, passed 2-16-76; Am. Ord. 149, passed 9-10-79)

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 133, passed 2-16-76; Am. Ord. 149, passed 9-10-79; Am. Ord. 01-04, passed 6-18-01)

CHAPTER 94: STREETS AND SIDEWALKS

Section

94.01 Permit required

94.02 Deposit; bond and insurance requirements

94.03 Permit fee; contents

94.04 Barricades and lights

94.05 Filling excavations or trenches

94.06 Replacement of asphalt pavement, curb cuts or other structural alterations within street right-of-way

94.07 Failure to carry out necessary work

94.08 Cases not covered by regulations

 

Sidewalks

94.20 Width of sidewalks

94.21 Construction standards

94.22 Subdrainage for maintenance of permanent sidewalk

94.23 Authority to take up and remove sidewalks

94.24 Construction or reconstruction of sidewalks

94.25 Proof of service of notice

94.26 Costs involved; special assessment

94.27 Duties of authorized officials

94.28 Street traffic

 

Sale or Display of Merchandise on Public Ways

94.40 Permit required

94.41 Permit shall be authorized only for special events

94.42 Application for permits

94.43 Permit fee; time period

94.44 Use of passageways restricted

94.45 Inspections

 

Numbering of Buildings

94.50 Purpose

94.51 Duty to affix street address numbers

94.52 Display of street address numbers

94.53 Enforcement

94.54 Penalty

Designated Truck Routes

94.60 Purpose

94.61 Definitions

94.62 Unlawful operation of trucks

94.63 Exemptions for persons operating trucks for certain purposes

94.64 Designated truck routes

94.65 Regulations and enforcement

94.66 Penalty for violations

94.99 Penalty

 

 

 

It shall be unlawful for any person, firm or corporation other than employees of the City when in the performance of duty to excavate or dig, or to cause any excavation or digging, or to alter curb and/or gutter, or other public structure in a public street, alley or place within the City for any purpose whatsoever without first having obtained a written permit, therefor, from the City Manager or his designated representative and filing a copy of same along with such deposit as may be required together with documents evidencing the required insurance and bonds with the City Clerk who shall thereupon validate same with the seal of the City, without the seal, the permit shall be without effect.

(Ord. 156, passed 12-15-80) Penalty, see § 94.99

Deposit and/or bond and insurance requirements for validation of a permit are as follows:

(A) A cash deposit in an amount no less than the estimated maximum amount of the cost of restoration of the street curb, gutter or other structure in the public street shall be deposited with the City Treasurer. To insure that permittee will make the required restoration such deposit shall either be cash or a cashiers check payable to the City. In lieu of the foregoing, the permittee may provide a surety bond in such amount as to be no less than the cash deposit set forth above.

(B) Public liability insurance in the name of permittee in such amounts as may be established by the City from time to time.

(C) Owner's protective public liability insurance in the name of the City in such amounts as may be established by the City from time to time.

(D) In lieu of the foregoing insurance and bonding requirements, any public utility with a franchise in force containing provisions whereby the utility agrees to hold the City harmless for loss by reason of its operations in City streets may file a letter of intent to reimburse the City for any and all costs of restoration, signing and barricading or other related work performed by City forces as a result of and made necessary by the utility's operation in City streets. Other provisions of this subchapter shall apply to public utilities in a like manner and with equal respect as to any other person, firm or corporation.

(Ord. 156, passed 12-15-80)

The fee for a permit shall be $5 which along with estimated restoration costs as provided in §§ 94.06 and 94.07 shall be paid by the applicant at the time the permit is issued. The permit required herein shall state the following:

(A) Name and address of owner, agent or other party for whom the work is being done.

(B) Name and address of builder, contractor or agent having charge of such work.

(C) Location of the work to be done.

(D) Date to commence and estimated duration of the work.

(E) Nature of the work.

(Ord. 156, passed 12-15-80)

The applicant must provide, erect and maintain all necessary barricades, lights, warning signs and the like to properly safeguard traffic while work is in progress, and at no time shall the street or highway be closed to traffic longer than is necessary to complete the work.

(Ord. 156, passed 12-15-80) Penalty, see § 94.99

All excavations or trenches shall be filled in a thorough and workmanlike manner, either by flooding or hand tamping. Additional filling shall be placed if necessary in excavations or trenches that have settled, and all surplus earth or any refuse shall be removed from the street by the applicant obtaining the permit.

(Ord. 156, passed 12-15-80) Penalty, see § 94.99

Replacement of asphalt pavement, curbs, gutters or other public structures in the street right-of-way shall be done by City forces or by a prequalified contractor on a cost basis under City inspection. Cost of such inspection shall be set from time to time by City Council action. Estimated cost of restoration shall be made by the City Manager or his designated representative prior to issuance of a permit. Should the estimate prove to be to low, payment for the additional amount shall be made promptly by the permittee. Should the estimate prove to be too high, the amount in excess of actual cost shall be refunded promptly to the permittee.

(Ord. 156, passed 12-15-80)

In the event that any applicant shall fail to carry out the provisions of this subchapter, any work necessary therefor shall be performed by the City and the applicant shall be required to pay all proper bills rendered by the City for that work.

(Ord. 156, passed 12-15-80)

Any case not covered by this subchapter shall be passed upon directly by the City Council.

(Ord. 156, passed 12-15-80)

SIDEWALKS

(A) All sidewalks in the City shall be of the width as herein provided:

(1) On Houghton Avenue from First Street to Fifth Street, 16 feet.

(2) On Houghton Avenue from Fifth Street west to City limits, eight feet.

(3) On Fourth Street, one block north and one block south of Houghton Avenue, eight feet.

(4) On Fifth and Seventh Streets, one block north and one block south of Houghton Avenue; on Second, Third, Sixth and Eighth Street, one block north and one block south of Houghton Avenue; on First Street from Houghton Avenue north to State Street; on State Street, six feet.

(B) On all other avenues, streets and alleys, five feet, however, the City Manager must approve all sidewalk reconstruction plans and may approve sidewalk width of less than five feet if the length of said reconstruction is such that lesser widths would be more in keeping with the natural symmetry of existing sidewalks.

(Ord. 52, passed 8-9-37; Am. Ord. 112, passed 10-15-73) Penalty, see § 94.99

(A) The inside line of all sidewalks shall be one foot distant from the lot adjoining, except in business districts the inside line of all sidewalks may be extended to the line of said adjoining lot.

(B) Sidewalks constructed on either side of and adjacent to a corner lot shall be continued past the corner of such lot to the intersection of the outer line of the sidewalk as established on the intersecting avenue or street, and the expense of constructing or reconstructing same shall be paid in the same manner as sidewalks adjoining the lot.

(C) All sidewalks shall be laid to conform as near as practical to the grade of the avenue or street as established for paving the same, and all other sidewalks shall be laid to such grade and line as may be fixed by the City DPW Superintendent , as approved by the City Council.

(D) All sidewalks in the public avenues, streets and alleys in the City shall be constructed as follows:

(1) Foundation. If soil is sandy or wheel drained, excavation shall be made four inches in depth, then wetted and thoroughly rammed to insure a solid base.

(2) If soil retains water, an excavation shall be made 12 inches in depth, filled with eight inches of cinders, then wetted and thoroughly rammed to insure a solid base, and drainage therefrom provided.

(3) All tree roots shall be removed to sufficient depth to prevent injury to sidewalks.

(4) Forms. Forms for construction at least two inches wide and to depth and length of sidewalks shall be set in place and securely staked.

(5) Material. All sidewalks, except as herein provided, shall be constructed of one course at least four inches in depth when finished of a uniform concrete mixture of one part good portland cement and four parts of gravel and sand, free from clay, soil, sticks or roots, properly mixed, placed in the forms, with complete separation into slabs four feet square, except in sidewalks six feet in width, in which slabs shall be three feet wide and four feet long, all tamped, leveled and surface finished.

(6) That portion of sidewalk used as a driveway shall be constructed of one course of said concrete mixture, at least eight inches in depth, the full width of driveway and the full width of approaches two feet each side of sidewalk in driveway.

(7) Expansion joints of asphalt felt at least one-fourth inch in width shall be placed every 24 feet between slabs, and between all slabs and cement curb, when sidewalk connects with such curb.

(8) The sidewalk so constructed shall be protected by cover or sprinkling to prevent too rapid drying.

(9) No material shall be used until inspected and approved by the City DPW Director, and no forms shall be removed until such sidewalk is inspected and finally accepted by City DPW Director .

(B) All sidewalks shall be built with a pitch of ¼ inch to the foot from inside to outside of same.

(Ord. 52, passed 8-9-37) Penalty, see § 94.99

Whenever the City Council by resolution requires subdrainage for the maintenance of a permanent sidewalk, the same shall be considered a part of the sidewalk and its foundation, and upon that subdrainage being laid, the cost and expense thereof shall be assessed against property provided in § 95.26.

(Ord. 52, passed 8-9-37)

After notice is served upon the owner, occupant or agent of owner, to take up and remove any sidewalk in the City not reasonably safe and fit for public travel, or not laid and constructed according to width, line, grade or specifications herein contained, City Council, may by resolution authorize and direct the City Manager to take up and remove any such sidewalk.

(Ord. 52, passed 8-9-37)

When the City Council shall declare the construction or reconstruction of a sidewalk a necessary public improvement, by resolution therein describing the property in front of which such construction or reconstruction is ordered, by lots, blocks or parcels of land, it shall be the duty of the City Clerk to prepare and sign in the name of the City, a notice of the adoption of such resolution, and such notice shall further order the owner to construct or reconstruct the sidewalk within ten days from date of service on the owner, occupant or agent of owner, of the notice, and that in default thereof, the sidewalk shall be constructed or reconstructed by the City, and that 75% of all material, labor and expenses incurred by the City therefor shall be assessed against the lot, block or parcel of land in front of which the sidewalk is to be constructed or reconstructed, to be served on the owner, occupant or agent of owner, of the lot, block or parcel of land in front of which said sidewalk is to be constructed or reconstructed. The owners of lots to be so charged may elect to contract with private concerns to construct or reconstruct sidewalks in accordance with this subchapter and the City shall reimburse said owner up to 25% of the City contract price for moneys so expended.

The above listed cost allocations may be altered, indexed, waived or paid by installment as provided by City Council resolution.

(Ord. 52, passed 8-9-37; Am. Ord. 112, passed 10-15-73; Am. Ord. 249, passed 8-18-97)

(A) Proof of service of a notice for construction or reconstruction of sidewalks may be made by affidavit of any person of legal age showing personal service upon either of the owner, occupant or agent of owner, of the premises described in the notice, or by posting the same conspicuously upon or in front of the premises described in the notice, or by mailing the notice to the owner's last known address; and the proof of service shall be filed in the office of the City Clerk.

(B) After expiration of the time stated in the notice, after the owner, occupant, or agent of owner, has been served as aforesaid, the City Council by its officers and employees shall proceed without further delay to construct the sidewalk to be constructed or reconstructed in accordance with resolution relating thereto, and in the manner required by this subchapter.

(Ord. 52, passed 8-9-37)

(A) Upon approval by City Council of an account of the labor performed, services rendered, and material used, in the grading, foundation, subdrainage, removal of said sidewalk or obstructions for which expenses were incurred in the construction or reconstruction of said sidewalk, verified under oath by the officer or person having charge of the performance of the said labor or services, and the furnishing of such material, with a description of the lot, block or premises in front of or adjacent to which the sidewalk is located, and in respect to which such expenses were incurred, and the name of the owner, if known, chargeable therewith, the City Council shall determine therefrom the amount of such material, labor and expenses chargeable, the person if known, against whom, and the premises upon which the same shall be levied as a special assessment, and order the City Clerk to certify and report the amount so determined, the lot, block or premises, and the persons chargeable therewith, respectively, to the City Assessor for special assessment upon that property.

(B) Such special assessment shall be made, levied, reviewed, certified and collected, in the manner provided in and according to M.C.L.A. §§ 2030 through 2059, and amendments thereto, insofar as same applies.

(Ord. 52, passed 8-9-37)

(A) It shall be the, duty of the City DPW Director when any sidewalk is to be constructed or reconstructed, to determine and establish the grade and line thereof.

(B) The City Manager is hereby authorized to perform all duties and services to be performed by the City DPW Director , as in this subchapter provided.

(Ord. 52, passed 8-9-37)

No person shall deposit in or upon any street, or alley, or sidewalk, or upon private premises from which may be carried into or upon any street, alley, or sidewalk, any glass, glass bottle, wire, tin cans, nails, paper, paper cartons, boxes, crating, meats, bones, vegetables, fruits, ashes, cinders, or other refuse.

SALE OR DISPLAY OF MERCHANDISE ON PUBLIC WAYS

It shall be unlawful for any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler to vend, sell dispose or offer to vend, sell, dispose or display any goods, wares, merchandise, produce or vegetables, on any public walk, street, alley or any public way without having first obtained a permit from the City Clerk for that purpose; however, the City Clerk is not authorized to issue a permit unless prior approval shall be given by the City Council.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89) Penalty, see § 94.99

No person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler shall be issued a permit to vend, sell, dispose of or display merchandise, goods, wares, produce or vegetables except in the case of special events duly acknowledged as such by City Council action.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89) Penalty, see § 94.99

Application for permits may be on an individual basis or on a blanket basis, the Chamber of Commerce or such other organization as may represent a group of merchants may submit the application on behalf of that group of merchants.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89)

A permit fee of $5 per day shall be charged for permits issued on an individual basis. No permit fee is required on a blanket application which has been submitted on behalf of a group of merchants. No permit shall be valid for more than three days.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89)

No street or alley shall be blocked by merchandise offered for sale hereunder. Not less than a five-foot passageway for pedestrians shall be left open and merchandise shall be securely and adequately placed so that it will not endanger passerby or fall or extrude into any street or alley. Sidewalk sales shall be operated in a manner which will not cause a nuisance or create a fire hazard.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89) Penalty, see § 94.99

The Chief of Police shall make or cause to be made sufficient inspections to insure the compliance with the provisions of this subchapter and any other applicable ordinances of the City by the personnel conducting such sales.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89)

NUMBERING OF BUILDINGS

There is hereby established a uniform system for numbering principal buildings and structures fronting on all public and private streets in the City of West Branch for the purpose of enabling emergency response services quick reference and for the general safety and convenience of the public.

(Ord. 259, passed 8-2-99)

It shall be the duty of the owner, lessee and occupant of every principal building or structure situated on a parcel of property within the City fronting on a public or private street, not including garages, barns and other accessory buildings or structures which are part of the property with a numbered house or building, to affix on every such building or structure its proper street address number in the time and manner specified in §94.51 and §94.52.

(Ord 259, passed 8-2-99)

Every building or structure, both new and preexisting, shall have displayed the proper street address number, whether newly assigned or previously issued, in accordance with the following criteria:

A. Angling of Digits - Street address numbers shall be expressed by Arabic digits (0-9) placed on a horizontal, vertical or diagonal line so as to read properly from left to right and/or up to down.

B. Size of Digits - The digits used for street address numbers shall be at least four (4) inches in height and made of durable and clearly visible material, which shall contrast with the background.

C. Conspicuousness - Digits shall be conspicuously placed so that the street address number is plainly visible from the street from which the address is derived. Digits shall be placed immediately above, on or adjacent to the main entrance of each building, unless physical characteristics make such placement impossible, in which case placement shall be permitted elsewhere as approved by the City Manager.

D. Additional Placement - Whenever any one or two-family dwelling is situated more than seventy-five (75) feet from the traveled portion of the street, in addition to placement of the street number on the building as required in subsection (A) through (C) above, the number shall also be displayed on a separate sign, post or mailbox. The additional display shall have an area of not more than two (2) square feet and be placed by the driveway or main vehicular entrance to the property, at least one (1) foot above the ground so as to be plainly visible from the street and shall otherwise comply with all City requirements.

E. Multiple-Family Residential Buildings

1. Common Element - A multiple-family residential building where all units must be accessed through a common element shall display the street address number at the entrance facing the street from which the address is derived, and every entrance shall have a directory indicating interior unit designations.

2. Separate Entrances - A multiple-family residential building with separate entrances shall display each assigned street address in conformance with sub-section (A) and (C) above.

F. Nonresidential Multi-Tenant Buildings - Multi-tenant commercial, office or industrial building shall display street address number(s) at the entrance(s) facing the street from which the address is derived, and in addition, each building which has a front and rear entrance shall display the correct street address number immediately above, or adjacent to both the front and rear entrances. The display of street address numbers shall conform with subsection (A) through (C) above.

(Ord. 259, passed 8-2-99)

If an owner, lessee or occupant of any building or structure fails, refuses or neglects to comply with any provision of §94.51 and §94.52 , the City Manager or designated official shall serve written notification on such person, either personally or by mail, advising such person of the applicable provision of §94.51 and §94.52 , the manner of noncompliance, the time to remedy the noncompliance, and the penalty for violating §94.51 and §94.52.

(Ord. 259, passed 8-2-99)

The failure to remedy the noncompliance within ten (10) days following service of such written notice shall constitute a violation of §94.51 and §94.52 and is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 259, passed 8-2-99; Am. Ord. 01-04, passed 6-18-01)

DESIGNATED TRUCK ROUTES

There is hereby established an ordinance prohibiting the operation of any truck on any street or other public right-of-way located within the corporate limits of the City not designated as an official truck route. These sections, §94.60 - §94.66, are to protect the safety and peace of residents, pedestrians and property owners in the City of West Branch by directing truck traffic to reasonable routes during reasonable hours.

(Ord. 260, passed 8-2-99)

"Truck" - means any motor propelled vehicle equipped with three (3) or more axles or having in excess of 40,000 pounds gross weight while engaged in interstate or intrastate transportation of people, goods, materials and/or any other property, on any highway, street, road, alley, or other public right-of-way, within the corporate limits of the City of West Branch whether loaded or not, or operated as a unit or in combination with other vehicles such as trailers.

(Ord. 260, passed 8-2-99)

It shall be unlawful for any person to operate, or for any organization, partnership, corporation, or other business entity to direct, authorize, or allow its employees, agents, and or contractors to operate, any truck on any highway, street, road alley, or other public right-of-way located within the corporate limits of the City of West Branch not designated as a truck route as set forth in section 94.64.

(Ord. 260, passed 8-2-99)

Persons, organizations, partnerships, corporations, or other business entities operating trucks for one or more of the following purposes shall be exempt from the general prohibitions set forth in section 94.62:

(a) Trucks used in pick-up or delivery service or transportation of people to and from residences, hospitals, churches, or schools within the corporate limits of the City when actually in use for this purpose.

(b) Trucks used for pick-up and delivery of commercial merchandise, materials, supplies, or other property within the City limits not located on a designated truck route as established in section 94.64, when in use for that purpose and when utilizing the most direct route to the destination from the nearest designated truck route;

(c) Trucks operated by or on behalf of the federal, state, or local governments and their agencies;

(d) The prohibitions in §94.60 - §94.66 shall not apply in situations where temporary detours or redirection of truck traffic onto restricted City highway, streets, roads, alleys, or other public right-of-way is ordered by federal, state, or local governmental authority for the purpose of public safety and/or facilitation of right-of-way maintenance.

(Ord. 260, passed 8-2-99)

The following City streets are hereby designated as City truck routes:

Street Name From To

North & South Valley Street State Street City limits

State Street N Valley St NE City limits

Hansen Road M-30 South First Street Rd

North Third Street M-55 North City Limits

Fairview M-55 State Street

(a) Truck Route Map: An official truck route map shall remain on file and shall be available at City Hall for public inspection upon request during normal business hours.

(Ord. 260, passed 8-2-99)

The City Manager shall erect such traffic signage as is deemed reasonable and necessary for the safe and efficient routing of trucks within the corporate limits of the City, and may adopt a d promulgate such other rules and regulations, not otherwise in conflict with the provisions set forth herein, reasonably required to facilitate truck transportation within the City.

(Ord. 260, passed 8-2-99)

Any person, organization, partnership, corporation, or other business entity found to be in violation of §94.62 - §94.64 shall, upon conviction, be subject to a fine of not less than $150.00 nor more than $500.00. In addition any person, organization, partnership, corporation, or other business entity may be held accountable to the conditions set forth in §10.99.

(Ord. 260, passed 8-2-99; Am. Ord. 01-04, passed 6-18-01)

Violation of §94.01 through §94.45 is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 260, passed 8-2-99; Am. Ord. 01-04, passed 6-18-01)

CHAPTER 95: UNLICENSED OR INOPERABLE VEHICLES

Section

95.01 Parking or storage of unlicensed, inoperable or partially dismantled vehicles prohibited; exceptions

95.02 Removal by City

95.03 Reclamation of property from City; disposition; time limits

95.04 Condition deemed public nuisance

95.05 Exemption

 

95.99 Penalty

 

 

(A) No unlicensed, inoperable or partially dismantled motor vehicle or part of a motor vehicle shall be parked or stored or permitted to remain on any premises in the City except those parked or stored within an enclosed building.

(B) Unlicensed or inoperable cars may be permitted to remain for a period of ten days if the owner is obtaining a license therefore or is repairing or about to have the vehicle repaired.

(C) Any unlicensed but operable vehicle is exempt from the provisions of this chapter if the vehicle had previously been licensed within the immediately preceding six-month period.

(D) Tires or parts of cars being removed, replaced or installed by the occupancy working on his own car on the premises, may be reasonably stored in an orderly manner on the premises, but not to exceed ten days. Parts or tires to be discarded shall be removed immediately.

(Ord. 201, passed 4-3-90) Penalty, see § 95.99

The City is hereby authorized to remove any such unlicensed inoperable, partially dismantled motor vehicles or parts or tires thereof after the aforesaid ten-day period has elapsed.

(Ord. 201, passed 4-3-90)

(A) Any such unlicensed, partially dismantled motor vehicle or parts or tires thereof removed from any premises in the City may be held by the City until claimed by the owner who shall pay the costs of removal or may be sold at any time after 30 days from date of removal by the City to reimburse the City of expenses of removal. The procedure for such sale of personal property shall be developed by the City Manager.

(B) The time limits for removal thereon specified may be extended for a period of not to exceed 30 days upon issuance of a special permit by the City in cases where undue hardship would be caused by a strict enforcement thereof.

(Ord. 201, passed 4-3-90)

The presence of any unlicensed, inoperable or dismantled or partially dismantled motor vehicle, or parts or tires of a motor vehicle on premises as above described, contrary to this chapter, is hereby declared to be a public nuisance.

(Ord. 201, passed 4-3-90)

This chapter shall not apply to any person, firm or corporation primarily engaged in the business of repairing motor vehicles or primarily engage in buying or selling motor vehicles in an area appropriately zoned for those purposes provided those vehicles are stored in an orderly manner.

(Ord. 201, passed 4-3-90)

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 201, passed 4-3-90; Am. 01-04, passed 6-18-01)

CHAPTER 96: LITTERING

Section

96.01 Leaving of litter

 

96.99 Penalty

 

 

(A) Any person who shall knowingly, without the consent of the public authority having supervision of public property or the owner of private property, 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 an offense punishable under § 96.99. 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 thereof, including ice above the water; a park, playground, building, refuge, or conservation or recreation area; and residential or farm properties or timberlands.

(B) Any person who shall remove a vehicle, wrecked or damaged in an accident on a highway, road or street, and fail to remove all glass and other injurious substances dropped on the highway, road, or street as a result of an accident is guilty of an offense punishable under § 96.99.

(Ord. 215, passed 2-17-92) Penalty, see § 96.99

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the Cith of West Branch Code of Ordinances.

(Ord. 215, passed 2-17-92; Am. Ord. 01-04; passed 6-18-01)