TITLE IX:  GENERAL REGULATIONS

Chapter
90.  ANIMAL REGULATORY ORDINANCE
91.  FIRE PREVENTION
92.  SMOKING OR BURING OF TOBACCO IN PUBLICLY OWNED BUILDINGS
93.  PARKS AND RECREATION
94.  STREETS AND SIDEWALKS
95.  NOISE
96.  LITTERING



CHAPTER 90:  ANIMALS

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

GENERAL
§ 90.01  TITLE.
This section shall be known and referred to as the "Animal Regulatory Ordinance".
(Ord. 263, passed 8-30-99)

§ 90.02  DEFINITIONS.
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)

§ 90.03  CRUELTY.
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)

§ 90.04  POISONING.
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)

§ 90.05  BIRDS AND BIRDS' NESTS.
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)

§ 90.06  ABANDONMENT PROHIBITED.
No owner of an animal shall abandon such animal.
(Ord. 263, passed 8-30-99)

§ 90.07  CONTROL OF MANURE AND OFFAL.
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)

§ 90.08  OFF PREMISES DEPOSITS.
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)

§ 90.09  REPORTING OF ANIMALS HIT BY MOTOR VEHICLES.
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)

§ 90.10  TRAPPING, CONFISCATION; EXCEPTION.
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 order 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)

§ 90.11  NUMBER OF ANIMALS TO BE KEPT AS PETS.
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
§ 90.20  DOGS, POSSESSION OR OWNERSHIP.
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)

§ 90.21  SEIZURE AND IMPOUNDING OF DOGS.
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)

§ 90.22  DOGS - RABIES PREVENTION.
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)

§ 90.23  DOGS - EXPOSURE TO RABIES - NOTICE.
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)

§ 90.24  DOGS - IMPOUNDING AND RELEASE.
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)

§ 90.25  DOGS AT LARGE.
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
§ 90.30  PROHIBITION.
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
§ 90.40  EXOTIC/WILD 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
§ 90.50  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)

§ 90.51  NUISANCE PER SE.
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
§ 90.60  ENFORCEMENT AUTHORIZED; INTERFERENCE PROHIBITED.
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)

§ 90.61  REPEAL AND EFFECTIVE DATE.
Chapter 90 and all other ordinances and parts 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
Fireworks
91.15  Definitions
91.16 Enforcement
91.17 Viloations, Fines, and Penalties
91.18 Savings Clause
91.19 Severability
91.20 Repeals
91.21 Effective date; publication

FIREWORKS
§ 91.15  FIREWORKS; DEFINITIONS
“Consumer fireworks” means fireworks devices that are designed to produce visible efforts by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3., or 3.5.  Consumer fireworks does not include low-impact fireworks.

 “Display fireworks” means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

“Firework” or “fireworks” means any composition or device, except for a starting pistol, a flare gun, or a flare, designated for the purpose of producing a visible or audible effect by combustion, delfagration, or detonation.  Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

“Low-impact fireworks” means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1.1.1.1 to 3.1.1.8, and 3.5.

“Novelties” means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3., 3.2.4, and 3.2.5 and all of the following:

            (i)        Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps, containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.

            (ii)       Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (i) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.

            (iii)      Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(ord. 179, passed 1-6-86; Am. Ord. 215, passed 2-17-92, Am. Ord. 15-03, passed 8-17-15)

§ 91.15  PROHIBITION ON USE OF CONSUMER FIREWORKS
Unless permission is given by the City Council or the City Manager, no person shall ignite, discharge, or otherwise use consumer fireworks within the City, except this prohibition shall not preclude any person from the ignition, discharge and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Sec. 7 (2) of Public Act 256 of 2011.
(Ord 15-03, passed 8-17-15)

§ 91.16  ENFORCEMENT
The Chief of Police, his/her designees and sworn law enforcement officers are authorized to enforce the provisions of this ordinance.
(Ord 15-03, passed 8-17-15)

§ 91.17  VIOLATIONS, FINES, AND PENALTIES

Any person, firm, or corporation violating the provisions of this law shall be guilty of a misdemeanor, punishable by up to ninety (90) days in jail and/or a fine up to $500.00, plus reimbursement for costs of prosecution.
(Ord 15-03, passed 8-17-15)

§ 91.18  SAVINGS CLAUSE

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 enforced when they are commenced.
(Ord 15-03, passed 8-17-15)

§ 91.19  SEVERABILITY

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected.
(Ord 15-03, passed 8-17-15)

§ 91.20  REPEALS

All regulatory provisions contained in other City ordinances which are inconsistent with the provisions of this ordinance, including previous language listed as city fireworks ordinances, are hereby repealed and/or replaced.
(Ord 15-03, passed 8-17-15)

§ 91.21  EFFECTIVE DATE; PUBLICATION

This ordinance shall become effective upon publication of a notice in a newspaper circulated in the City, stating the date of the enactment and the effective date of the ordinance, a brief notice as to the subject matter of this ordinance, and such other facts as the City Clerk shall deem pertinent, and that a copy of the ordinance is available for public use and inspection both on the city website and at City Hall.
(Ord. 15-03, passed 08-17-2015)

 CHAPTER 92:  SMOKING OR BURING OF TOBACCO IN PUBLICLY OWNED BUILDINGS

Section
General Provisions
92.01  Smoking or burning of tobacco in publicly-owned buildings in City prohibited; exception
92.99  Penalty


GENERAL PROVISIONS
§ 92.01  SMOKING OR BURNING OF TOBACCO IN PUBLICLY-OWNED BUILDINGS IN CITY PROHIBITED; EXCEPTION.
(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

§ 92.99  PENALTY.
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  Fountains
93.41  Sleeping in parks
93.42  Throwing stones
93.43  Littering 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
93.97  Civil liability
93.98  Penalty
93.99 Effective Date; Publication


GENERAL PROVISIONS

§ 93.01 DEFINITIONS.

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

§ 93.02  COMPLIANCE REQUIRED.
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

§ 93.03  HOURS OF OPERATION.
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

§ 93.15 PERMIT REQUIRED; APPLICATION.

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 § 93.97

§ 93.16 SOCIAL PERMITS, AGREEMENTS AND CONTRACTS.

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)

 

§ 93.17 EXCLUSIVE USE OF PARKS.

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 § 93.97

 

§ 93.18 GRANTING OF PERMITS.

The authority for granting permits shall be with the City Council.
(Ord. 133, passed 2-16-76)

 

§ 93.19 CLEAN-UP BY PERMITTEE.

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)

 

§ 93.20 HONORING SPECIAL PERMITS.

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

§ 93.30 INJURING OR DEFACING PARK EQUIPMENT OR FACILITIES.

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 § 93.97

 

§ 93.31 BUILDING FIRES.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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 generally 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; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.32 USE OF PLAYGROUND EQUIPMENT BY ADULTS.

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 § 93.97

 

§ 93.33 RESTRICTED SECTIONS OF PARKS; RESTRICTIONS ON SMOKING IN PARKS.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
no person, other than City employees, 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.
No person shall smoke in areas other than those indicated by signage to be designated smoking
areas. No person shall dispose of smoking paraphernalia, including cigarettes and cigarette butts,
anywhere other than in receptacles specifically designed for such disposal.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.34 HINDERING OR RESISTING PARK POLICE OR EMPLOYEES IN

PERFORMANCE OF DUTIES.
(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 § 93.97

 

§ 93.35 FIREARMS; BOWS AND ARROWS; FIREWORKS AND OTHER DEVICES.

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 § 93.97

 

§ 93.36 DISORDERLY CONDUCT.

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 § 93.97

 

§ 93.37 PUBLIC INTOXICATION; INTOXICATING LIQUORS.

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 § 93.97

 

§ 93.38 ANIMALS.

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 § 93.97

 

§ 93.39 REMOVAL OF SOIL, TREES AND SHRUBS.

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 § 93.97

 

§ 93.40 FOUNTAINS.

No person shall throw, discharge or otherwise place in the waters of any water fountain, drinking
fountain, washbasin, toilets, any substance, liquid or solid, which may result in water pollution or
create a health hazard to the public. No person shall urinate in, defecate in, vomit in, or
otherwise foul the water in any water fountains or washbasins. No person shall climb on or in
any water fountains, including decorative fountains. No person, other than City employees, shall
remove money or coins from any water fountains, including decorative fountains.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.41 SLEEPING IN PARKS.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.42 THROWING STONES.

No person shall throw or cast any stones within the City Park system.
(Ord. 133, passed 2-16-76) Penalty, see § 93.97

 

§ 93.43 LITTERING IN PARK.

No person shall deposit any litter, rubbish, garbage, cigarette butts, broken glass, cans, bottles, or
refuse matter of any kind, 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; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.44 DISREGARDING POSTED SIGNS, RULES AND REGULATIONS.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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. This includes signs prohibiting climbing on fountains, as
well as signs establishing designated smoking areas.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.45 PUBLIC MEETINGS; PARADES.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.46 POSTING OR DISTRIBUTING ADVERTISEMENTS.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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; Am. Ord. 15-02, passed 08-17-2015) Pealty, see § 93.97

 

§ 93.47 GAMES AND SPORTS.

Unless permission is given by the City Council, the City Manager, or his/her designated agent,
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; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.48 SALE OF DISPLAY OF MERCHANDISE.

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, the City Manager, or his/her
designated agent.
(Ord. 133, passed 2-16-76; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.49 USE OF ICE SKATING RINK.

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 § 93.97

 

§ 93.50 OPERATION OF MOTOR VEHICLES.

(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, at owner’s
expense.

(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; Am. Ord. 15-02, passed 08-17-2015) Penalty, see § 93.97

 

§ 93.97 CIVIL LIABILITY.

In addition to the penalties provided in this chapter for violating its provisions any person
convicted of an act of vandalism (or the parent/s of a juvenile so convicted) 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 judgment for damages shall be entered against
them jointly. In those cases wherein a convicted defendant is a minor the judgment 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; Am. Ord. 15-02, passed 08-17-2015)

 

§ 93.98 PENALTY.

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West
Branch Code of Ordinances, whereby violators of this chapter may be subject to civil fines as
established by resolution of Council.
(Ord. 133, passed 2-16-76; Am. Ord. 149, passed 9-10-79; Am. Ord. 01-04, passed 6-18-01; Am. Ord. 15-02, passed 08-17-2015)

 

§ 93.99 EFFECTIVE DATE; PUBLICATION

This ordinance shall become effective upon publication of a notice in a newspaper circulated in
the City, stating the date of the enactment and the effective date of the ordinance, a brief notice
as to the subject matter of this ordinance, and such other facts as the City Clerk shall deem
pertinent, and that a copy of the ordinance is available for public use and inspection both on the
City website and at City Hall.
(Ord. 15-02, passed 08-17-2015)



CHAPTER 94:  STREETS AND SIDEWALKS

Section
Excavations
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


EXCAVATIONS
§ 94.01  PERMIT REQUIRED.
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, therefore, 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

§ 94.02  DEPOSIT; BOND AND INSURANCE REQUIREMENTS.
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)

§ 94.03  PERMIT FEE; CONTENTS.
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)

§ 94.04  BARRICADES AND LIGHTS.
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

§ 94.05  FILLING EXCAVATIONS OR TRENCHES.
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

§ 94.06  REPLACEMENT OF ASPHALT PAVEMENT, CURB CUTS OR OTHER STRUCTURAL ALTERATIONS WITHIN STREET RIGHT-OF-WAY.
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)

§ 94.07  FAILURE TO CARRY OUT NECESSARY WORK.
In the event that any applicant shall fail to carry out the provisions of this subchapter, any work necessary therefore 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)

§ 94.08  CASES NOT COVERED BY REGULATIONS.
Any case not covered by this subchapter shall be passed upon directly by the City Council.
(Ord. 156, passed 12-15-80)


SIDEWALKS
§ 94.20  WIDTH OF 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, however, the City Manager may approve sidewalk width of less than 16 feet if the length of said reconstruction is such that lesser widths would be more in keeping with the natural symmetry of existing sidewalks.

(2)  On Houghton Avenue from Fifth Street west to City limits, eight feet, however, the City Manager may approve sidewalk width of less than eight feet if the length of said reconstruction is such that lesser widths would be more in keeping with the natural symmetry of existing sidewalks.

(3)  On Fourth Street, one block north and one block south of Houghton Avenue, eight feet, however, the City Manager may approve sidewalk width of less than eight feet if the length of said reconstruction is such that lesser widths would be more in keeping with the natural symmetry of existing sidewalks.

(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, however, the City Manager may approve sidewalk width of less than six feet if the length of said reconstruction is such that lesser widths would be more in keeping with the natural symmetry of existing sidewalks.

(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; Am. Ord. 11-04, passed 5-16-2011)  Penalty, see § 94.99

§ 94.21  CONSTRUCTION STANDARDS.
(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

§ 94.22  SUBDRAINAGE FOR MAINTENANCE OF PERMANENT SIDEWALK.
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)

§ 94.23  AUTHORITY TO TAKE UP AND REMOVE SIDEWALKS.
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)

§ 94.24  CONSTRUCTION OR RECONSTRUCTION OF SIDEWALKS.
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 therefore 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)

§ 94.25  PROOF OF SERVICE OF NOTICE.
(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)

§ 94.26  COSTS INVOLVED; SPECIAL ASSESSMENT.
(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)

§ 94.27  DUTIES OF AUTHORIZED OFFICIALS.
(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)

§ 94.28  STREET TRAFFIC.
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
§ 94.40  PERMIT REQUIRED.
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

§ 94.41  PERMIT SHALL BE AUTHORIZED ONLY FOR SPECIAL EVENTS.
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

§ 94.42  APPLICATION FOR PERMITS.
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)

§ 94.43  PERMIT FEE; TIME PERIOD.
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)

§ 94.44  USE OF PASSAGEWAYS RESTRICTED.
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

§ 94.45  INSPECTIONS.
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
§ 94.50  PURPOSE.
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)

§ 94.51  DUTY TO AFFIX STREET ADDRESS NUMBERS.
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)

§ 94.52  DISPLAY OF STREET ADDRESS NUMBERS.
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)

§ 94.53  ENFORCEMENT.
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)

§ 94.54  PENALTY.
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
§ 94.60  PURPOSE.
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)

§ 94.61  DEFINITIONS.
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)

§ 94.62  UNLAWFUL OPERATION OF TRUCKS.
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)

§ 94.63  EXEMPTIONS FOR PERSONS OPERATING TRUCKS FOR CERTAIN PURPOSES.
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)

§ 94.64  DESIGNATED TRUCK ROUTES.
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 North Valley Street          North East City Limits
Hansen Road M-30 South First Street 
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)

§ 94.65  REGULATIONS AND ENFORCEMENT.
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)

§ 94.66  PENALTY FOR VIOLATIONS.
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)

§ 94.99  PENALTY.
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)

NOISE 

95.1 Repeal and replacement of previous chapter
95.2 Prohibited noises
95.99 Effective date; publication

§ 95.1 REPEAL AND REPLACEMENT OF PREVIOUS CHAPTER 95.

The enactment of this Chapter regulating noise shall serve to replace the previously repealed

Chapter 95, entitled “UNLICENSED OR INOPERABLE VEHICLES.”

(Ord, passed 09-01-2015)

 § 95.2 PROHIBITED NOISES.
ORDINANCE 17-01
AN ORDINANCE TO AMEND SECTION 95.2 ENTITLED "NOISE" OF THE CITY OF WEST BRANCH CODE OF ORDINANCES.THE CITY OF WEST BRANCH ORDAINS:
SECTION 1: Section 95.2 of the City of West Branch, Michigan Code of Ordinances is hereby amended to read as follows:

 § 95.2 PROHIBITED NOISES.

(a)   Generally. It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. Any violation of the enumerated acts below constitutes a civil infraction subject to the fines and penalties enumerated in § 10.99 of this Code, or as otherwise established by Council resolution.  An exception to prosecution under this ordinance may be granted for cause via resolution of Council.

(b)   Enumerated. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this article, but this enumeration is not exclusive:

(1)  Homs, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such device for an unnecessary and unreasonable period of time, the use of any horn, whistle or other device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up;

(2)  Radios, stereos, etc. Except as otherwise permitted by the City Council or the City Manager, as hereinafter prescribed , the use, operation or permitting the use or operation of any radio or receiving set, musical instrument, stereo, or other machine or device designed for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of others in the vicinity, or with a volume louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the device is operated and who are voluntary listeners. The operation of any of the above-named devices between the hours of 11:00

p.m. and 7:00 a.m. on Friday and Saturday and between the hours of 10:00 p.m. and 7:00 am Sunday through Thursday in such a manner that the noise is plainly audible at a distance of 50 feet from the source of the noise will be prima facie evidence of a violation of this subsection;

(3)  Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or to attract attention of the public to any building or structure;

(4)   Yelling, shouting. Except as otherwise permitted by the City Council or the City Manager, as hereinafter provided, yelling, shouting, hooting, whistling, or singing on the public streets or any other public place, between the hours of 11:00 p.m. and 7:00 a.m. on Friday and Saturday and between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity;

 

(5)  Engine exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or other motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises;

(6)  Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or annoyance;

(7)  Loading or unloading; opening boxes. Creation of a loud and excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and containers;

(8)  Construction or repair of buildings. The erection (including excavation, demolition, alteration or repair) of any building other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Council or the City manager, which may be granted for a period not to exceed three days or less while the emergency continues and which may be renewed for periods of three days or less while the emergency continues. If the City manager determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets or highways between the hours of 8:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience will result to any party in interest, he may grant permission for the work to be done during the hours of 8:00 p.m. and 7:00 a.m. upon application. If the City Council or the City Manager shall determine that such work does actually impair the public health and safety, then such permit may be revoked by the City Council or the City manager;

(9)  Schools, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, hospital, or court while the same is in session, which interferes with the work of the institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a street upon which a school, hospital or church or court is located;

(10)  Hawkers and peddlers. Shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;

(11) Drums for commercial purposes. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by creation of noise;

(12) Transportation of materials. The transportation of any material over the streets and other public places so as to cause loud noises or so as to disturb the peace and quiet of such streets;

(13)  Pile drivers, hammers, etc. The operation between the hours of 8:00 p.m. and

7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoists or other appliances, the use of which is attended by loud or unusual noise;

(14) Blowers, fans, engines. The operation of any noise created by any blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.

(15)  Compression release engine braking; "Jake braking." Noise created by semis or other vehicles due to compression release engine braking, or "Jake braking."

(c)  Approval from City Council or City Manager.

(1)   Any person, firm, or entity proposing to conduct any activity or operate any sound producing device which is reasonably expected to produce a sound or occur at a time in violation of this section shall apply to the City Manager for a permit to allow such conduct or the use of such device. In determining whether to issue such permit, the City Council or the City Manager shall consider:

  1. The date and time of the proposed conduct;
    1. The location of the proposed conduct;
    2. The nature and proximity of other dwellings and/or uses;
      1. The type of proposed conduct and/or the type of device proposed to be used; and
      2. The purpose for such conduct or the use of such device.

(2)  The foregoing permit process shall apply only to those noises prohibited under subsections (b) (2) and (b) (4) above. Any permit issued by the City Manager shall specify the date, time, location, and duration of the permitted activity. The City Council or the City Manager may impose such other restrictions or conditions upon the issuance of such permit as it may deem appropriate and/or necessary in the interests of the public health and welfare.

(16) Animal Noises. The keeping of any animal, which by causing frequent or long, continued noise, shall disturb the comfort or repose of ordinary sensibility.

(Ord 15-04, passed 09-01-2015; Am. Ord 17-01, passed 9-5-17) Penalty, see § 10.99

 SECTION 2: SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, said portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.

(AM. Ord 17-01, passed 9-5-17)

 SECTION3: REPEALER

All former Ordinances or parts of Ordinances conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.

(AM. Ord 17-01, passed 9-5-17)

 § 95.99 EFFECTIVE DATE; PUBLICATION

This ordinance shall become effective upon publication of a notice in a newspaper circulated in the City, stating the date of the enactment and the effective date of the Ordinance, a brief notice as to the subject matter of this ordinance, and such other facts as the City Clerk shall deem pertinent, and that a copy of the Ordinance is available for public use and inspection both on the City website and at City Hall.

 

INTRODUCED 8/21/17
PUBLISHED     8/30/17
ENACTED 9/5/17
EFFECTIVE DATE 9/21/17
MOTION BENNETT
SUPPORT SCHAIBERGER