MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD JANUARY 10, 2005, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by
Pledge
of Allegiance to the Flag
Roll
Call
Present: William Holland, Daniel Carlton,
Richard VanderKlok,
Absent: none
#050110-01 - Approval of
minutes of
regular board meeting held on December 20, 2004
Moved by Richard VanderKlok,
seconded by Dale Mohr, to approve the Minutes
of December 20, 2004, as submitted.
MOTION CARRIED.
#050110-02 - Agenda for
January 10, 2005
Moved by
MOTION CARRIED.
Moved by
MOTION CARRIED.
#050110-03 - Communications,
letters and reports: Received for information, to be filed:
A. Letter
to clerk from Charter Communications re: change of office location.
B. Memo
from City of Grandville re: biosolids applications notifications.
C. Letter
to clerk from Charter Communication re: digital cable package increase.
D. Code
Enforcement Officer Monthly Report for December 2004
E. Memo
from Secretary of State re: Release of voting equipment for Nov. 2nd
election.
F. Library
Report for November 2004
G. Fire
Department Monthly Report for December 2004
#050110-04 - Second Reading and Adoption of Ordinance No. 2005-01, Michigan Motor
Motor Vehicle
Code and Uniform Traffic Code
Moved by Daniel Carlton, seconded by
AN ORDINANCE TO AMEND
CHAPTER 54 OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF GEORGETOWN,
MICHIGAN, TO ADOPT THE MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE BY
REFERENCE
THE CHARTER TOWNSHIP OF GEORGETOWN ORDAINS:
Section 1. Amendment. That Chapter 54 of the Code of Ordinances,
Charter Township of Georgetown,
Michigan, is hereby amended to read as follows in its entirety:
ARTICLE
I. TRAFFIC CODE
Sec.
54-1. Michigan Vehicle Code adopted.
Pursuant to the provisions of
the Michigan Charter Township Act, 1947 PA 359; MCLA 42.23;
MSA 5.26(23), the Michigan Vehicle Code, Act No. 300 of the Public Acts of
Michigan of 1949, as amended, MCL 257.1, et
seq., is adopted by reference, as if fully set forth herein.
Sec. 54-2. References in code.
References
in the Michigan Vehicle Code to “local authorities” shall mean the Charter
Township of Georgetown, Ottawa County, Michigan.
Sec. 54-3. Enforcement; sanctions.
(a) The Michigan Vehicle Code may be
enforced by any police officer or other employee of the township authorized to
enforce criminal ordinances or authorized to issue civil infractions.
(b) The
penalties provided by the Michigan Vehicle Code are adopted by reference,
provided, however, that the township may not enforce any provision of the
Michigan Vehicle Code for which the maximum period of imprisonment is greater
than 93 days.
(c) When
any person is found guilty of a misdemeanor or responsible for a civil infraction
pursuant to this section, the judge or magistrate shall summarily determine and
tax the costs of the action which shall include all expenses, direct and
indirect, to which the township has been put in connection with the violation
or infraction up to the entry of judgment.
Sec. 54-4. Uniform Traffic Code Adopted.
The
Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the
Director of the Michigan Department of State Police pursuant to the
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and
made effective October 30, 2002 is adopted by reference, as if fully set forth
herein.
Sec. 54-5. References in code.
References
in the Uniform Traffic Code to “governmental unit” or “municipality” shall mean
the Charter Township of Georgetown, Ottawa County, Michigan.
Sec. 54-6. Enforcement; sanctions.
(a) The Uniform Traffic Code may be
enforced by any police officer or other employee of the township authorized to
enforce criminal ordinances or authorized to issue civil infractions.
(b) The
penalties provided by the Uniform Traffic Code are adopted by reference,
provided, however, that the township may not enforce any provision of the
Uniform Traffic Code for which the maximum period of imprisonment is greater
than 93 days.
(c) When
any person is found guilty of a misdemeanor or responsible for a civil
infraction pursuant to this section, the judge or magistrate shall summarily
determine and tax the costs of the action which shall include all expenses, direct
and indirect, to which the township has been put in connection with the
violation or infraction up to the entry of judgment.
Section
2. Pending Proceedings.
All proceedings pending and all rights and liabilities existing at the
time this ordinance takes effect are saved and may be consummated or continued
according to the law in force when they were commenced. No prosecution initiated prior to the
effective date of this ordinance or initiated after the effective date of this
ordinance for an offense committed prior to the effective date shall be
affected by this ordinance.
Section
3. Publication.
The Township Clerk shall publish a summary of this ordinance in the
manner provided by law and shall at the same time publish a supplementary
notice setting forth the purpose of the Michigan Vehicle Code and Uniform
Traffic Code and the fact that a complete copy of the Michigan Vehicle Code and
Uniform Traffic Code are available at the office of the Township Clerk for
inspection by the public at all times.
Section
4. Effective Date.
This ordinance shall take effect upon its publication as required by
state law. (To be published after
adoption and effective 30 days after publication.)
Note: The Township Attorney
recommended that the Township adopt the MMVC and
UTC each year.
The Township currently enforces the MMVC (which is readopted annually to
include all revisions). With the new
ordinance, this will continue; however, the Township will have the ability to
enforce the recently amended version of the UTC (which previously largely
duplicated the MMVC, but now has been amended such that only its unique
supplemental provisions remain). The
attorney said that the ordinance HAS to be readopted each year and it could not
contain wording to include amendments each year without readopting it.
Summary of the Michigan Vehicle Code and Uniform Traffic Code
The Michigan Vehicle Code is an act to provide for the registration,
titling, sale, transfer, and regulation of certain vehicles operated upon the
public highways of this state or any other place open to the general public or
generally accessible to motor vehicles and distressed vehicles; to provide for
the licensing of dealers; to provide for the examination, licensing, and
control of operators and chauffeurs; to provide for the giving of proof of
financial responsibility and security by owners and operators of vehicles; to
provide for the imposition, levy, and collection of specific taxes on vehicles,
and the levy and collection of sales and use taxes, license fees, and permit
fees; to provide for the regulation and use of streets and highways and to
provide penalties and sanctions for its violation.
The Uniform Traffic Code is an administrative rule promulgated by the
Michigan Department of State Police to provide local law enforcement officers
with the authority to locally enforce traffic laws; to provide for local
traffic administration; to provide for the rights and duties of pedestrians; to
regulate the operation of motorcycles, mopeds and toy vehicles; to provide for
the rights and duties of drivers and others; to provide for the establishment
and maintenance of traffic control devices; and to compel obedience to traffic
regulations and provide sanctions for their violation.
Yeas:
Nays:
none
MOTION CARRIED.
#050110-05 - Second Reading and
Adoption of Ordinance No. 2005-03, Curfew for Minors
Ordinance
Moved by
ORDINANCE NO. 2005-03
Curfew for Minors Ordinance;
An ordinance to regulate the hours
that children under the age of 16 years of age may be in or on the public
streets, highways, alleys and parks within the Charter Township of Georgetown,
Ottawa County, Michigan.
The Charter Township of
Georgetown ordains:
A. Minors under 12 years of age:
No minor under the age of 12
years of age shall loiter, idle or congregate in or on any public street,
highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m., unless
the minor is accompanied by a parent or guardian, or some adult delegated by
the parent or guardian to accompany the child.
B. Minors under 16 years of age:
A minor under the age of 16
years of age shall not loiter, idle or congregate in or on any public street,
highway, alley or park between the hours of 12 midnight and 6:00 a.m.
immediately following, except where the minor is accompanied by a parent or
guardian, or an adult delegated by the parent or guardian to accompany the
minor, or where the minor is upon an errand or other legitimate business
directed by his parent or guardian.
C. Aiding or abetting violation:
Any person of the age of 16
years or over assisting, aiding, abetting, allowing, permitting or encouraging
any minor under the age of 16 years to violate the provisions of sections A and
B above, hereof is guilty of a misdemeanor.
The above stipulations are
amended to be consistent with state law if the state law is amended.
Pending Proceedings. All
proceedings pending and all rights and liabilities existing at the time this
ordinance takes effect are saved and may be consummated or continued according
to the law in force when they were commenced.
No prosecution initiated prior to the effective date of this ordinance
or initiated after the effective date of this ordinance for an offense
committed prior to the effective date shall be affected by this ordinance.
Effective Date. This
ordinance shall become effect on the thirtieth day after publication after
adoption. This
ordinance was read for the first time on December 20, 2004, published on
December 28, 2004, read for the second time and adopted by the Georgetown
Charter Township Board on January 10, 2005, published for the second time on , and effective thirty
days from publication on
Yeas:
Nays:
none
MOTION CARRIED.
#050110-06 - Authorization
to Purchase Fire Truck
Moved by
Note: Other bids
include Great Lakes, Smeal for $331,337.00 and West Shore/E-One
for
$351,315.00
MOTION CARRIED.
#050110-07 - Award Bids for
8th Ave. Water Main
Moved by Daniel Carlton, seconded by Dale Mohr, to
award the bid for the water system improvement on 8th Ave. from
Barry Street to 44th St. to Georgetown Construction for an amount of
$990,451.95.
Attachment: bid
sheet
Note: The
low bidder requested to be released from his bid
MOTION CARRIED.
#050110-08 - Boards and Committee Appointments for
2005
Moved
by
MOTION
CARRIED.
#050110-09 – Public Comment
No
one was present to make comments on items not on the agenda.
#050110-10 – Reports from Standing Committees
#050110-11 - Monthly Bills
Moved
by
MOTION
CARRIED.
#050110-12 - Meeting adjourned at 7:45 p.m.
William Holland, Supervisor