AGENDA

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.

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.

9. Second Reading and Adoption of Ordinance No. 2005-03, Curfew for Minors Ordinance

Motion: To read for the second time and adopt Ordinance No. 2005-03, Curfew for

Minors Ordinance, as follows:

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 , published for the second time on , and effective thirty days from publication on

10. Unfinished Business Introduction and First Reading of Ordinance No. 2005-02,

Disorderly Persons Ordinance

Motion: To remove motion #041220-10 from the table

Motion: To introduce and read for the first time Ordinance No. 2005-02, Disorderly

Persons Ordinance, as follows:

ORDINANCE NO. 2005-02

Disorderly Persons Ordinance

An ordinance to define and prohibit disorderly conduct within Georgetown Charter Township, Ottawa County, Michigan to prescribe penalties for the violation thereof,

The Charter Township of Georgetown ordains that Chapter 38 of the Code of Ordinances is amended as follows:

Name.

This ordinance shall be known and cited as the Georgetown Charter Township Disorderly Conduct Ordinance.

Disorderly Definitions.

No person shall conduct himself or herself in a disorderly manner in the Charter Township of Georgetown, Ottawa County, Michigan. For the purpose of this ordinance, a person conducts himself or herself in a disorderly manner when he or she does any act or engages in any practice hereinafter listed, or aids and abets any person who does any such act or engages in any such practice hereinafter listed;

Add Sec. 38-6 to ARTICLE I as follows:

Sec. 38-6. Fireworks.

It shall be unlawful for any person within the township to discharge, offer for sale, or possess any fireworks except of the type and under the conditions permitted by state law.

Add Sec. 38-27 to ARTICLE II as follows:

ARTICLE II. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS

Sec. 38-27. Township premises.

It shall be unlawful for any person within the township to remain on the premises of any Township Building, or any lands or properties owned by the Township, unless such person is present for the purpose of conducting business with Township officials or attending, participating in or observing any hearing or meeting or gathering held in such Township buildings;

Amend Sec. 38-71 as follows:

Sec. 38-71. Breach of peace.

(a) Any person who shall make or assist in making any noise, disturbance, trouble, or

improper diversion, or any rout or riot, by which the peace and good order of the township is disturbed, shall be guilty of a misdemeanor.

(b) Any person who shall permit or allow any loud noises, electrical, mechanical, human,

or animal in origin, to be emitted from any place occupied or controlled by him/her so as to disturb unnecessarily and without reasonable cause the quiet, comfort, or repose of any person or persons shall be guilty of a misdemeanor.

Amend Sec. 38-72 as follows:

Sec. 38-72. Creation of noise.

Loud noise is defined as a sound which is disagreeable or loud, destroying the peace and tranquility of any person or persons within the surrounding neighborhood.

It shall be unlawful for any person within the township to:

(1) Create any loud noises by the erection, including excavation therefore, demolition,

alteration, maintenance or repair of any property or the excavation of any streets or highways at any time, except between the hours of 7:00 ~~6:00~~ a.m. and 11:00 ~~9:00~~ p.m., except as may be necessary for emergency construction operations or repairs, or as may be necessary as determined by a two-thirds majority vote of the full board for essential services.

(2) Create or allow any loud noises by the use of machinery, including motor vehicles or

motor equipment, manufacturing or industrial processes of any kind, at a place so as to reasonably disturb the peace and quiet, or comfort or repose of any person in a residential home or unit between the hours of 11:00 p.m. ~~12:00 a.m.~~ and 7:00 a.m., provided such noise continues for a period of three minutes or more, or, if of shorter duration, is intermittent so that the noise occurs at least three times within a one-hour period.

(3) Gun or race the engine of any motor vehicle, including any motorcycle or motor driven cycle

or boat or snowmobile, or run or operate a motor vehicle, motorcycle or motor driven cycle or snowmobile without a muffler in good working order (one which in constant operation prevents excessive or unusual noise and annoying smoke); a person shall not remove, destroy, or damage any of the baffles contained in the muffler, nor shall a person use a muffler cutout, bypass, or similar device upon a motorcycle, motor driven cycle or any motor vehicle or snowmobile at any place within the Township;

(4) Operations or activities which cause or create measurable noise levels exceeding the

maximum sound intensity levels measured in decibels as prescribed in this section, as measured at or within five feet of any home or residential unit, between the hours of 11:00 p.m. and 7:00 a.m.:

a. Pre-1960 octave, American Standards Association, Z24.

Octave Band

Cycles Per Second Decibels

00 to 74 70

75 to 149 62

150 to 299 56

300 to 599 49

600 to 1,199 44

1,200 to 2,399 39

2,400 to 4,799 33

4,800 and above 31

b. Post-1960 preferred frequencies.

Cycles Per Second Decibels

31.5 72

63 68

125 62

250 57

500 50

1,000 46

2,000 39

4,000 32

8,000 28

Amend Sec. 38-73 as follows:

Sec. 38-73. Tumultuous conduct.

No person shall disturb, incite or aid in disturbing the public peace by loud, violent, tumultuous, offensive or obstreperous conduct, or party or shall make or participate in making any improper noise or disturbance, riot or breach of the peace, or shall engage in any illegal or improper act. No person shall knowingly permit any such conduct upon any premises owned or possessed by him or under his control.

Amend Sec. 38-74 as follows:

Sec. 38-74. Disturbing worship or any other assembly.

It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or any other assembly gathered for lawful purposes by making any noise or making any profane discourse or engaging in any indecent behavior in or near the place of worship as to disturb the solemnity of the meeting.

Amend Sec. 38-75 as follows:

Sec. 38-75. Loitering.

(b) It shall be unlawful for any person within the township to loiter, loaf, wander, stand or

remain idle either alone or in consort with others in a public place in such manner so as to:

(4) Collect or stand in crowds for illegal or mischievous purposes in any public place.

Sec. 38-78 is added under ARTICLE IV.

ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE

Sec. 38-78. Social gathering or party.

(a) It shall be unlawful for any person within the township to use any premises or suffer any

premises under his/her or its control to be used so as to destroy the peace and tranquility of any person or persons within the surrounding neighborhood. This includes, but is not limited to, any person who is the owner, occupant, tenant or has any other possessory interest or premises in the Township, who either sponsors, conducts, hosts, invites, suffers, permits, continues, or allows to continue a social gathering or party which is, or during the course thereof becomes, a nuisance party as defined in subparagraph (b) below.

(b) It shall be unlawful for any person within the township to sponsor, conduct, host, invite, suffer,

permit, continue or allows to continue a nuisance party, as hereinafter defined. For the purpose of this subsection, the term “nuisance party” means a social gathering or party which is conducted on premises in the Township and which, by reason of the conduct of those persons in attendance, results in any one or more of the following occurrences or conditions:

1. Consumption of alcoholic beverages in public or public drunkenness;

2. Public urination or defecation;

3. The unlawful sale, furnishing or consumption of alcoholic beverages;

4. The unlawful deposit of trash or litter on public or private property;

5. The destruction of public or private property;

6. The generation of pedestrian or vehicular traffic or parking of motor vehicles which obstruct the free flow of residential traffic or interferes with the ability to render emergency services;

7. Excessive, unnecessary or unusually load noise which disturbs the comfort and quiet repose of the neighborhood;

8. Public disturbances, brawls, fights or quarrels;

9. Assembly of persons in excess of limits imposed by conditions, rules or requirements of lease or occupancy agreement;

10. Any similar conduct which annoys, injures, or endangers the safety, health, comfort, or repose of the neighboring residents;

11. Any conduct which results in indecent or obscene conduct, or immoral exhibition or indecent exposure by persons at the social gathering.

Add Sec. 38-79 under ARTICLE IV, as follows:

Sec. 38-79. Telephone use.

It shall be unlawful for any person within the township to, by the use or means of telephone perform any of the following:

a. Disturb the peace, quiet, or privacy of any other person or family by repeated calls

intended to harass or annoy the person or family to whom the calls are made;

b. Use obscene or offensive language, or suggest any lewd or lascivious act;

c. Attempt to extort money or anything of value from any persons;

d. Threaten any physical violence or harm to any person;

e. Repeatedly and continuously ring the telephone of any person with intent to disturb or harass such person;

f. Knowingly and intentionally make false report of a crime, fire, traffic crash, or medical emergency;

Add Sec. 38-80 under ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE, as follows:

Sec. 38-80. Trash and garbage pickup.

(a) It shall be unlawful for any person within the township to conduct commercial and/or

residential trash or garbage pickup between the hours of 8:00 p.m. and 7:00 a.m.

(b) It shall be unlawful for any employee or owner of a company (including a supervisor or

manager) to either knowingly or unknowingly allow an employee of the company to violate the provisions of Sec. 38-80 (a).

Amend Sec. 38-102 as follows:

Sec. 38-102. Indecent exposure.

a. It shall be unlawful for any person within the township to knowingly make any open or

indecent exposure of his person or of the person of another.

~~b. It shall be unlawful for any person within the township to swim or bathe in the nude in any~~

~~public place or on private property without specific permission of the owner.~~

Amend Sec. 38-104 in ARTILCE V as follows:

ARTICLE V. OFFENSES AGAINST PUBLIC MORALS

Sec. 38-104. Fortunes or speculation games.

It shall be unlawful for any person within the township to tell or pretend to tell fortunes for hire, gain, reward or profit whether by means of cards, token trances, inspection of the hands or skull, mind reading, consulting the movements of the heavenly bodies, or otherwise; or for hire, gain reward or profit pretend to enable another to recover lost or stolen property, pretend to give success in any business enterprise, speculation or game of chance, or by improper means induce any person to dispose of property in favor of another;

Add Sec. 38-127 in ARTICLE VI as follows:

ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY

Sec. 38-127. Threatening communications.

(a) It shall be unlawful for any person within the township to verbally or by delivery of a

written or electronic communication, threaten any physical violence or harm to any person or any member of such person’s family.

(b) It shall be unlawful for a person within the township to deliver or cause to be delivered

any letter, postal card, electronic writing or other object containing obscene language or containing any words, letters, or marks with the intent to frighten, intimidate, or cause annoyance to any other person and/or with the intent to extort or gain money or property of any description belonging to another.

Invalid Clauses.

Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the parts so declared to be invalid.

Violations and Penalties.

Any person violating any provision of this ordinance upon conviction thereof shall be guilty of a misdemeanor and punished by a fine not exceeding Five Hundred Dollars ($500.00). And cost of prosecution or by imprisonment in Ottawa County Jail for a period not to exceed ninety (90) days, or both such fine and imprisonment in the discretion of the court.

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 , read for the second time and adopted by the Georgetown Charter Township Board on , published for the second time on , and effective thirty days from publication on

Note: As recommended by the Services Committee

11. Unfinished Business Introduction and First Reading of Ordinance No. 2005-04, Solid

Waste Ordinance

Motion: To remove motion #041220-14 from the table

Motion: To introduce and read for the first time Ordinance No. 2005-04, Solid Waste

Ordinance, as follows:

Ordinance No. 2005-04

Solid Waste Ordinance

An ordinance to amend Chapter 46 of the Code of Ordinances of the Charter Township of Georgetown

The Charter Township of Georgetown ordains that Chapter 46 is amended as follows:

Chapter 46 SOLID WASTE

Sec. 46-1. Definitions.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

Sec. 46-3. Disposition of vegetable waste matter and other waste under state regulations.

Sec. 46-4. Commercial collection.

Sec. 46-5. Hours of collection.

Sec. 46-6. Transporting garbage; unlawful dumping.

Sec. 46-4. 7 Penalty for violation of chapter.

Sec. 46-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial solid waste means solid waste collected from a commercial or industrial site or stored in large dumpsters which require the assistance of mechanical lifting devices on waste hauling vehicles in order to be emptied or removed from the site.

Noncommercial solid waste means solid waste other than commercial solid waste, including, but not limited to, solid waste generated by households.

~~Rubbish~~ means all waste materials from residential and business operations, exclusive of garbage including, but not being limited to, ashes, paper, rags, bottles, crockery, glassware, tin cans, cardboard, wornout clothing and wornout furniture.

Rubbish means non-putrescible solid waste, excluding ashes, consisting of either combustible or noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety.

Solid waste means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleaning, municipal and industrial sludge’s, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. When the term “solid waste” appears by itself in this article, it shall be interpreted as including both commercial solid waste and noncommercial solid waste.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

~~(c) Storage of garbage and rubbish containers. It shall be the duty of the occupant of the~~

premises in the township to keep the garbage and rubbish containers in a clean and serviceable condition, and to store such containers, when in use, in an underground storage facility so that the tops or covers of such containers shall be flush or below the surface of the ground level, or in such other place on the premises that is no less than 40 feet from the front property line, and not less than 40 feet from any adjacent street right-of-way.

cause a health hazard or a nuisance. Noncommercial solid waste awaiting disposal shall be kept in sealed plastic trash bags or receptacles which are watertight and constructed of metal, high-density polyethylene plastic, or other similar material in order to prevent disturbance by animals and the entrance of insects. Noncommercial solid waste receptacles shall not be located at the curb for pickup purposes more than 48 hours before or 72 hours after the designated pickup day. No person shall place a solid waste receptacle in the front yard, as defined in Sec. 2.102, except when placing the receptacle for collection.

Sec. 46-4. Commercial and residential collection.

Commercial and residential solid waste may be collected on any day, except Sunday. Commercial and residential solid waste shall not be collected before 7:00 AM or after 8:00 PM.

Sec. 46-5. Hours of collection.

All collections of garbage must be made between the hours of 7:00AM and 8:00 PM.

Sec. 46-6. Transporting garbage; unlawful dumping.

No firm or other person shall transport or carry through or on the streets of the city any garbage in any wagon or vehicle unless the garbage is thoroughly covered with a metal or canvas cover, or carry any garbage in cans, wagons or vehicles which are not free from leaks or which allow garbage to drip or fall on any street or public place, or dump or dispose of any garbage on any vacant lot or open premises within the Township.

Sec. 46-4. 7 Penalty for violation of chapter.

Any person, or company including employees and/or supervisor of a company, who violates this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth by the court ~~in the Schedule of Civil Fines [Appendix C]~~ and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.

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 , read for the second time and adopted by the Georgetown Charter Township Board on , published for the second time on , and effective thirty days from publication on

Note: As recommended by the Services Committee

12. Authorization to Purchase Fire Truck

Motion: To accept the low bid and approve the purchase of (1) one HME

Silver Fox 2000 GDM Pumper Apparatus for $289,341.00. Proposed apparatus meets all requirements of the federal, state, D.O.T., and local regulations

Note: Other bids include Great Lakes, Smeal for $331,337.00 and West Shore/E-One

for $351,315.00

13. Award Bids for Water Main

Motion:

14. Public Comment (maximum 3 minutes per person)

15. Announcement of any scheduled meeting of interest to board members

16. Reports from Standing Committees

17. Monthly Bills

Motion: To approve payment of bills as presented.

Attachment: bills

18. Meeting adjourned at p.m.