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As used in this subchapter:
LITTER.
(1) All garbage, scrap and waste materials including rags, cartons, paper, cans, bottles, used lumber, boxes, wooden skids or pallets or parts therefrom (excluding those stored and used in connection with an industrial or commercial operation on the site), inoperable and discarded appliances and equipment; cut or broken tree branches, fences in disrepair; broken or discarded plaster, concrete, brick, building materials, scrap metal, pipe, discarded motor vehicle parts; tires; and remnants of wood, metal, plastic, or cast-off material or items regardless of whether the same could be put to future use.
(2) Shall also include personal use items when one or more of the following conditions exist:
(a) Such personal use item is not regularly used for its intended purposes at least one time per season of intended use; or
(b) Such personal use item is in a state of disrepair and is not usable in its present condition; or
(c) Such personal use item has broken or missing parts.
PERSONAL USE ITEMS. Shall include lawn maintenance equipment; children's toys, sporting equipment and bicycles which can be used on the property itself.
(Ord. 21-05, passed 7-14-2021)
(A) Prohibition and storage regulations for items defined as litter.
(1) It shall be unlawful for any person to dump, deposit, place, throw, leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter or any other material on any public or private property or waters within the township other than property designated and set aside for such purposes. The phrase "public or private property or waters" includes, but is not limited to, the right-of-way of any road or highway, any body of water or water course, or the shores or beaches thereof, and including the ice above such waters; any park, playground, building, refuge, or conservation or recreation area; and any residential, commercial, industrial, or farm properties or vacant or unimproved lands.
(2) It shall be unlawful for any person to aid, assist, or abet another to violate any of the provisions of the [words missing] within this subchapter.
(3) The owner or occupant of any building or premises within the township shall not permit or cause the outdoor storage of litter on such premises, subject to the following exceptions:
(a) Such litter does not include garbage or other putrescible liquids or solids, when screened from the view of all adjacent properties and abutting public or private rights-of-way, and when being stored only between regular, not less than weekly collection by a public or private garbage collection service;
(b) Logs, branches, or other scrap wood may be neatly stacked outdoors on an occupied premise, provided such storage: (1) does not exceed 2,500 cubic feet in area; (2) is not located within any required building setback areas as specified in the Silver Creek Township Zoning Ordinance; and (3) complies with all applicable township ordinance requirements. The limitation of 2,500 cubic feet shall not apply to logs, branches, or other scrap wood stored and used in connection with an industrial or commercial operation on the site.
(c) Such litter is located in a duly licensed and properly zoned junk yard, salvage yard, or landfill where such uses or operations are legally authorized under the Silver Creek Township Zoning Ordinance; and
(d) A special permit is first obtained therefor for a period of not to exceed 45 days from the Supervisor of Silver Creek Township or such other officer or official as the Township Board may designate to be granted only in special hardship cases beyond control of the applicant, where special or peculiar circumstances exist, where no adjoining property owner is adversely affected thereby and where the spirit and purpose of this subchapter are still observed. A special permit granted hereunder may be renewed for not more than one additional 45-day period upon showing of due diligence and continued satisfaction of the criteria set forth above for the issuance of the initial permit.
(B) Prohibition and storage of personal use items. Personal use items which are not defined as "litter" herein shall only be stored in the rear or side yard of residentially used structures when not in current active use. When in usable condition and used at least once per season, large scale sporting installations such as but not limited to trampolines and soccer goals shall not be required to be stored in the side or rear yard.
(C) Prohibition on burying litter. Items defined as litter herein shall not be buried or otherwise placed into a hole, concealed and/or covered with dirt, grass or brush.
(Ord. 21-05, passed 7-14-2021)
(A) Any person, firm, association, partnership, corporation or governmental entity who violates any of the provisions of this subchapter shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by a civil fine determined in accordance with the following schedule:
Minimum Fine | Maximum Fine | |
1st offense within 3-year period* | $150 | $500 |
2nd offense within 3-year period* | 250 | 500 |
3rd offense within 3-year period* | 325 | 500 |
4th or more offense within 3-year * period | 500 | 500 |
*Determined on the basis of the date of commission of the offense(s). | ||
(B) Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which Silver Creek Township has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $10 nor more than $500 be ordered. In addition, the township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this subchapter. Each day that a violation exists shall constitute a separate offense.
(Ord. 21-05, passed 7-14-2021)
VEHICLE REPAIR AND STORAGE
The purpose of this subchapter is to limit and restrict the outdoor storage, parking, repair or unreasonable accumulation of junk, unused, partially dismantled or inoperable vehicles, including any conveyance, trailer, boat, aircraft, cargo container, railcars, railroad cars, semi-truck trailers, box cars, truck boxes or new or used parts thereof upon premises within the township; to provide restrictions concerning the repairing of said vehicles; to avoid injury and hazards to children and others attracted to such vehicles; to define common types of conveyances, such as motor homes, recreational vehicles, mobile house trailers, mobile homes, and campers; to ensure that said conveyances are utilized only for their intended purposes and not for, as, or in the place of a storage structure or unit on premises within the township; and to minimize the devaluation of property values and the psychological ill effects of the presence of the same upon adjoining residences and property owners.
(Ord. 21-04, passed 7-14-2021)
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