City Code 

 2017 

TABLE OF CONTENTS

(2017) 1-1

CITY OF THREE RIVERS CITY CODE

TABLE OF CONTENTS

CHAPTER 1 - GENERAL PROVISIONS ..................................................................................................................................... 1

1-1 SHORT TITLE ........................................................................................................................................................... 1 1-2 DEFINITIONS ........................................................................................................................................................... 1 1-3 CONSTRUCTION ...................................................................................................................................................... 1 1-4 SEVERABILITY .......................................................................................................................................................... 2 1-5 PENALTY ................................................................................................................................................................. 2 1-9 PROCEDURE TO AMEND THE CODE ........................................................................................................................ 3 1-10 SERVICE OF NOTICE AND PUBLIC HEARINGS ........................................................................................................... 3

CHAPTER 2 - ADMINISTRATION ........................................................................................................................................... 1

2-1 CITY MANAGER ....................................................................................................................................................... 1 2-2 DEPARTMENT HEADS ............................................................................................................................................. 1 2-3 VACANCIES ............................................................................................................................................................. 1 2-4 ALL DEPARTMENTS ................................................................................................................................................. 1 2-5 ADMINISTRATIVE MANUAL .................................................................................................................................... 1 2-6 POLICE DEPARTMENT ............................................................................................................................................. 1 2-7 AUXILIARY POLICE CORPS ....................................................................................................................................... 1 2-8 CIVIL DEFENSE ........................................................................................................................................................ 2 2-9 GENERAL REGULATIONS FOR BOARDS, COMMITTEES, AND COMMISSIONS .......................................................... 3 2-10 ADMINISTRATIVE POLICIES ..................................................................................................................................... 4 2-11 AIRPORT BOARD ..................................................................................................................................................... 4 2-12 CITY PLANNING COMMISSION ................................................................................................................................ 5 2-13 COMMUNITY SCHOOLS COUNCIL ........................................................................................................................... 5 2-14 DOWNTOWN DEVELOPMENT AUTHORITY ............................................................................................................. 5 2-15 HOUSING BOARD OF APPEALS ................................................................................................................................ 7 2-16 HOUSING CODE BOARD OF APPEALS ...................................................................................................................... 7 2-18 LIBRARY BOARD ...................................................................................................................................................... 7 2-19 LOCAL OFFICERS COMPENSATION COMMISSION................................................................................................... 9 2-20 PARKS BOARD AND CEMETERY BOARD ................................................................................................................ 10 2-21 ZONING BOARD OF APPEALS ................................................................................................................................ 10 2-22 CONSTRUCTION BOARD OF APPEALS ................................................................................................................... 11

CHAPTER 3 - FINANCE AND SPECIAL ASSESSMENTS ............................................................................................................. 1

3-1 BUDGET STABILIZATION FUND ............................................................................................................................... 1 3-2 SPECIAL ASSESSMENTS. .......................................................................................................................................... 1 3-3 PURCHASE, CONTRACTS AND SALES ....................................................................................................................... 4 3-4 SOLID WASTE MANAGEMENT FUND ...................................................................................................................... 5 3-5 TAX EXEMPTION FOR LOW INCOME HOUSING PROJECTS ...................................................................................... 5 3-6 TAX EXEMPTION FOR LOW AND MODERATE INCOME HOUSING PROJECTS ........................................................... 6

CHAPTER 4 - POLICE REGULATIONS ..................................................................................................................................... 1

4-2 DISORDERLY CONDUCT .......................................................................................................................................... 3 4-3 PROPERTY WHERE CONTROLLED SUBSTANCES FOUND / PUBLIC NUISANCE ......................................................... 5 4-4 DRUG PARAPHERNALIA .......................................................................................................................................... 5 4-5 ALCOHOLIC BEVERAGE CONTROL ........................................................................................................................... 7 4-6 RECOVERY FOR EXPENSES FOR CERTAIN EMERGENCY SERVICES ........................................................................... 8 4-7 FIREARMS ............................................................................................................................................................... 9 4-8 NUISANCES ........................................................................................................................................................... 10 4-9 CUTTING GRASS AND WEEDS ............................................................................................................................... 11 4-10 ABANDONED REFRIGERATORS ............................................................................................................................. 11 4-11 JUNK, TRASH AND INOPERABLE VEHICLES ............................................................................................................ 12 4-12 NOISE CONTROL ................................................................................................................................................... 13

TABLE OF CONTENTS

(2017) 1-2

4-13 PARENTAL RESPONSIBILITY .................................................................................................................................. 16 4-14 UNCLAIMED PROPERTY ........................................................................................................................................ 17 4-15 VANDALISM OF LIBRARY MATERIALS ................................................................................................................... 18 4-16 TRAFFIC................................................................................................................................................................. 18 4-17 PARKING ............................................................................................................................................................... 19 4-18 BICYCLE ................................................................................................................................................................. 21 4-19 OPERATION OF RAILROADS .................................................................................................................................. 22 4-21 ANIMAL CONTROL ................................................................................................................................................ 23 4-22 DANGEROUS DOGS ............................................................................................................................................... 26

CHAPTER 5 - GENERAL LICENSING, REGISTRATION & PERMITS ............................................................................................ 1

5-1 DEFINITIONS ........................................................................................................................................................... 1 5-2 GENERAL LICENSING. .............................................................................................................................................. 1 5-3 ARCADES ................................................................................................................................................................. 2 5-4 TRANSIENT MERCHANT. ......................................................................................................................................... 3 5-5 SOLICITORS AND PEDDLERS .................................................................................................................................... 4 5-6 ESTABLISHMENT OF FARMERS MARKET. ................................................................................................................ 5 5-7 MASSAGE ESTABLISHMENT .................................................................................................................................... 6 5-8 SEXUALLY ORIENTED BUSINESSES ........................................................................................................................ 12 5-9 PARADE AND PUBLIC ASSEMBLY .......................................................................................................................... 19 5-10 TRANSIENT MERCHANTS ...................................................................................................................................... 23

CHAPTER 6 - USER FEES & SERVICE CHARGES ....................................................................................................................... 1

6-1 PURPOSE. ............................................................................................................................................................... 1 6-2 CEMETERY SERVICE FEE RECEIVED BY.................................................................................................................... 1 6-4 POLICE SERVICE ...................................................................................................................................................... 2 6-5 FINANCE SERVICE FEE RECEIVED BY ...................................................................................................................... 3 6-6 PUBLIC WORKS SERVICE FEE RECEIVED BY ............................................................................................................ 4 6-7 INSPECTION SERVICES FEE RECEIVED BY ............................................................................................................... 7 6-8 FIRE DEPARTMENT SERVICES FEE RECEIVED BY ................................................................................................... 11 6-9 WASTE WATER PLANT SERVICES FEE RECEIVED BY ............................................................................................... 11 6-10 AIRPORT SERVICE FEE RECEIVED BY ..................................................................................................................... 12 6-11 AMBULANCE SERVICE FEE RECEIVED BY .............................................................................................................. 12

CHAPTER 9 - MUNICIPAL CIVIL INFRACTIONS ....................................................................................................................... 1

9-1 DEFINITIONS. .......................................................................................................................................................... 1 9-2 MUNICIPAL CIVIL INFRACTION ACTION; COMMENCEMENT................................................................................... 1 9-3 MUNICIPAL CIVIL INFRACTION CITATIONS; ISSUANCE AND SERVICE. ..................................................................... 1 9-4 MUNICIPAL CIVIL INFRACTION CITATIONS; CONTENTS. ......................................................................................... 1 9-5 MUNICIPAL ORDINANCE VIOLATIONS BUREAU ...................................................................................................... 2

CHAPTER 12 - BUILDING AND HOUSING .............................................................................................................................. 1

12-1 GENERAL BUILDING REGULATIONS. ....................................................................................................................... 1 12-2 HOUSING REGULATIONS. ....................................................................................................................................... 1 12-3 NUMBERING OF HOUSES AND BUILDINGS ............................................................................................................. 9 12-4 FLOOD HAZARD AREAS ........................................................................................................................................... 9 12-5 PROPERTY MAINTENANCE CODE FOR NON-RESIDENTIAL PROPERTY. ................................................................. 10

CHAPTER 13 - RENTAL HOUSING CODE ................................................................................................................................ 1

13-1 PURPOSE. ............................................................................................................................................................... 1 13-2 DEFINITIONS ........................................................................................................................................................... 1 13-3 MATTERS COVERED. ............................................................................................................................................... 4 13-4 APPLICABILITY. ....................................................................................................................................................... 4 13-5 APPLICATION. ......................................................................................................................................................... 4 13-6 CONFLICTING PROVISIONS. .................................................................................................................................... 4 13-7 OTHER REGULATIONS. ............................................................................................................................................ 4 13-8 EXISTING BUILDINGS .............................................................................................................................................. 4

TABLE OF CONTENTS

(2017) 1-3

13-9 ADMINISTRATION. .................................................................................................................................................. 4 13-10 HOUSING CODE BOARD OF APPEALS. ..................................................................................................................... 5 13-11 LANDLORD / TENANT SERVICES .............................................................................................................................. 5 13-12 OWNER / TENANT RESPONSIBILITIES ..................................................................................................................... 6 13-13 REGISTRATION OF RENTAL UNITS ........................................................................................................................... 7 13-14 CERTIFICATION OF RENTAL DWELLINGS. ................................................................................................................ 8 13-15 INSPECTION BASIS, FEES AND ENFORCEMENT PROCESS ........................................................................................ 8 13-16 ENVIRONMENTAL, EXTERIOR AND INTERIOR REQUIREMENTS .............................................................................. 8 13-17 BASIC EQUIPMENT AND FACILITIES. ..................................................................................................................... 11 13-18 UTILITY SERVICES AND EQUIPMENT TO BE MAINTAINED. .................................................................................... 12 13-19 SPACE AND OCCUPANCY REQUIREMENTS. ........................................................................................................... 12 13-20 FIRE SAFETY, PREVENTION, AND PROTECTION REQUIREMENTS. ......................................................................... 13 13-21 MOBILE HOME, CAMPER OR MOTOR HOME ........................................................................................................ 14 13-22 MINIMUM STANDARDS FOR ROOMING HOUSES ................................................................................................. 14 13-23 STRUCTURE UNFIT FOR HUMAN OCCUPANCY...................................................................................................... 15 13-24 FINAL NOTICE TO REPAIR ...................................................................................................................................... 15

CHAPTER 14 - STREET NAMES AND ADDRESSES ................................................................................................................... 1

14-1 PURPOSE. ............................................................................................................................................................... 1 14-2 DEFINITIONS ........................................................................................................................................................... 1 14-3 ADMINISTRATION ................................................................................................................................................... 1 14-4 JURISDICTION ......................................................................................................................................................... 1 14-5 STREET NAMES. ...................................................................................................................................................... 1 14-6 ADDRESS NUMBERING ........................................................................................................................................... 2 14-7 DISPLAY OF ADDRESS. ............................................................................................................................................. 3 14-8 PENALTIES. ............................................................................................................................................................. 3 14-9 APPEALS.................................................................................................................................................................. 3

CHAPTER 16 - FIRE DEPARTMENT / AMBULANCE SERVICE ................................................................................................... 1

16-1 ADOPTION OF FIRE PREVENTION CODE .................................................................................................................. 1 16-2 DEFINITIONS ........................................................................................................................................................... 1 16-3 RESTRICTIONS AND PROHIBITION OF OPEN BURNING ........................................................................................... 2 16-4 INCINERATORS ....................................................................................................................................................... 3 16-5 STORING AND TRANSPORTING FLAMMABLE LIQUIDS............................................................................................ 3 16-6 FEES FOR INVESTIGATING OR EXTINGUISHING UNAUTHORIZED FIRES .................................................................. 3 16-7 BURNING COMBUSTIBLE MATERIALS. .................................................................................................................... 3 16-8 RECOVERY OF COSTS RELATED TO HAZARDOUS MATERIAL INCIDENTS................................................................. 3 16-9 AMBULANCE SERVICE ............................................................................................................................................. 4 16-10 PENALTIES .............................................................................................................................................................. 4

CHAPTER 17 - PARKS, PUBLIC GROUNDS & WATERWAYS .................................................................................................... 1

17-1 DEFINITIONS. .......................................................................................................................................................... 1 17-2 POLLUTION AND OBSTRUCTION OF WATERWAYS. ................................................................................................ 1 17-3 OPERATION OF WATERCRAFT. ............................................................................................................................... 1 17-4 CITY PARKS REGULATIONS. ..................................................................................................................................... 1 17-5 VANDALISM. ........................................................................................................................................................... 1 17-6 PARK HOURS. .......................................................................................................................................................... 2

CHAPTER 18 – WATER DISTRIBUTION SYSTEM ..................................................................................................................... 1

18-1 PURPOSE AND POLICY ............................................................................................................................................ 1 18-2 DEFINITIONS ........................................................................................................................................................... 1 18-3 WATER CONNECTION PERMITS, CHARGES, AND FEES ............................................................................................ 2 18-4 USE OF WATER DISTRIBUTION SYSTEM .................................................................................................................. 2 18-5 CONNECTIONS WITH WATER DISTRIBUTION SYSTEM; CROSS- CONNECTIONS ...................................................... 3 18-6 ENFORCEMENT ....................................................................................................................................................... 5

CHAPTER 19 - SEWER AND WATER ...................................................................................................................................... 1

TABLE OF CONTENTS

(2017) 1-4

19A-1 PURPOSE OF CHARGES, RATES, AND FEES .............................................................................................................. 1 19-1 GENERAL PROVISIONS ............................................................................................................................................ 4 19-2. USE OF PUBLIC SEWERS REQUIRED ...................................................................................................................... 15 19-3. PRIVATE WASTEWATER DISPOSAL ....................................................................................................................... 16 19-4. BUILDING SEWERS AND CONNECTIONS ............................................................................................................... 17 19-5. CONDITIONS OF SERVICE ...................................................................................................................................... 19 19-6. REGULATION OF DISCHARGES TO THE POTW ....................................................................................................... 20 19-7. USER PERMITS ...................................................................................................................................................... 32 19-8. REPORTING AND NOTICE REQUIREMENTS ........................................................................................................... 41 19-9 SAMPLING, ANALYSIS AND MONITORING REQUIREMENTS ................................................................................. 45 19-10 ACCIDENTAL DISCHARGES .................................................................................................................................... 48 19-11. UPSET AND ADDITIONAL AFFIRMATIVE DEFENSES ............................................................................................... 51 19-12 BYPASS .................................................................................................................................................................. 52 19-13 CONFIDENTIAL INFORMATION ............................................................................................................................. 52 19-14 RECORDS RETENTION ........................................................................................................................................... 53 19-15 ADMINISTRATION OF THE POTW .......................................................................................................................... 54 19-16 USER POLLUTION CONTROLS ................................................................................................................................ 55 19-17. ENFORCEMENT ..................................................................................................................................................... 60 19-18. ADMINISTRATIVE REVIEW AND APPEALS ............................................................................................................. 69 19-19. PROTECTION FROM DAMAGE .............................................................................................................................. 70 19-20. MUNICIPAL LIABILITY ............................................................................................................................................ 71 19-21. USE OF PUBLIC SEWERS CONDITIONAL ................................................................................................................ 71 19-22. VACATION OF HAZARDOUS PROPERTY ................................................................................................................. 71 19-23. INDUSTRIAL PRETREATMENT PROGRAM FEES ..................................................................................................... 71 19-24. SEWER SERVICE CHARGES, RATES, AND FEES ....................................................................................................... 72

CHAPTER 20 - STREETS AND SIDEWALKS ............................................................................................................................ 73

20-1 DEFINITIONS ......................................................................................................................................................... 73 20-2 STREETS ................................................................................................................................................................ 73 20-3 SIDEWALKS. .......................................................................................................................................................... 76 20-4 NEWSRACKS. ........................................................................................................................................................ 77 20-5 CITIZENS STREETS AND SIDEWALK COMMITTEE ................................................................................................... 79 20-6 REMOVAL OF ICE AND SNOW FROM CITY SIDEWALKS ......................................................................................... 80

CHAPTER 21 - SANITATION .................................................................................................................................................. 1

21-1 DEFINITIONS. .......................................................................................................................................................... 1 21-2 CITY TRASH PICKUP SERVICE. .................................................................................................................................. 1 21-3 REFUSE COLLECTION .............................................................................................................................................. 2 21-4 REFUSE CONTAINERS. ............................................................................................................................................. 2 21-5 STORING OF REFUSE. .............................................................................................................................................. 2 21-6 NUMBER OF REFUSE CONTAINERS ......................................................................................................................... 2 21-8 COLLECTION PRACTICES. ........................................................................................................................................ 3 21-9 SPECIAL REFUSE PROBLEMS. .................................................................................................................................. 3 21-10 COLLECTION ........................................................................................................................................................... 3 21-11 RULES AND REGULATIONS. ..................................................................................................................................... 3 21-12 INCINERATION AND HOME GARBAGE DISPOSAL MACHINE ................................................................................... 3 21-13 CHARGES FOR REFUSE COLLECTION ....................................................................................................................... 3 21-14 ASSIGNED COLLECTIONS ........................................................................................................................................ 3 21-15 YARD WASTE BAN ................................................................................................................................................... 4

CHAPTER 22 - TREE REGULATIONS ....................................................................................................................................... 1

22-1 DEFINITIONS ........................................................................................................................................................... 1 22-2 TREES ON PUBLIC STREETS AND PUBLIC PROPERTY ................................................................................................ 1 22-3 ENFORCEMENT ....................................................................................................................................................... 1 22-4 PERMITS FOR TREE PLANTING, CARE, REMOVAL. ................................................................................................... 1 22-5 REMOVAL OF DEAD, DISEASED AND PROHIBITED TREES ........................................................................................ 1 22-6 REMOVAL OF OTHER TREES .................................................................................................................................... 1

TABLE OF CONTENTS

(2017) 1-5

22-7 TREE PLANTING REGULATIONS. .............................................................................................................................. 1 22-8 TREE PROTECTION .................................................................................................................................................. 2 22-9 EXCAVATIONS NEAR TREES. .................................................................................................................................... 2 22-10 TREES ON PRIVATE PROPERTY. ............................................................................................................................... 2

CHAPTER 23 - AIRPORT ........................................................................................................................................................ 1

23-1 ADOPTION OF RULES AND REGULATIONS BY REFERENCE ...................................................................................... 1 23-2 AVAILABILITY OF RULES AND REGULATIONS .......................................................................................................... 1

CHAPTER 24 - CABLE & TELECOMMUNICATIONS ................................................................................................................. 1

24-1 CABLE & TELECOMMUNICATIONS .......................................................................................................................... 1 24-2 DEFINITIONS ........................................................................................................................................................... 1 24-3 NECESSITY OF LICENSES .......................................................................................................................................... 1 24-4 APPLICATION OF LICENSE ....................................................................................................................................... 1 24-5 INDEMNIFICATION AND INSURANCE ...................................................................................................................... 2 24-6 RATES AND CHARGES ............................................................................................................................................. 2 24-7 LICENSE FEE ............................................................................................................................................................ 2 24-8 LIMITATION ON SERVICE ........................................................................................................................................ 2 24-9 ABANDONMENT ..................................................................................................................................................... 2 24-10 REPORTS AND RECORDS ......................................................................................................................................... 2 24-11 FINANCIAL CONDITION ........................................................................................................................................... 2 24-12 CUSTOMER RELATIONS .......................................................................................................................................... 2 24-13 DISCONNECTIONS................................................................................................................................................... 2 24-14 LICENSEE'S RULES AND REGULATIONS ................................................................................................................... 2 24-15 LOCAL BUSINESS OFFICE ......................................................................................................................................... 2 24-16 PREFERENCE OR DISCRIMINATION ......................................................................................................................... 2 24-17 COMPLIANCE WITH LAW ........................................................................................................................................ 2 24-18 REVOCATION OF LICENSE ....................................................................................................................................... 2 24-19 PENALTY ................................................................................................................................................................. 3 24-20 METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHT-OF-WAY OVERSIGHT ACT ...................................... 3

CHAPTER 25 – UTILITY FRANCHISE ....................................................................................................................................... 1

25-1 GRANT OF FRANCHISE. .......................................................................................................................................... 1 25-1 CONSIDERATION .................................................................................................................................................... 1 25-3 CONDITIONS .......................................................................................................................................................... 1 25-4 HOLD HARMLESS ................................................................................................................................................... 1 25-9 SUCCESSORS AND ASSIGNS. ................................................................................................................................... 1 25-10 FORCE MAJEURE .................................................................................................................................................... 1 25-11 EFFECTIVE DATE ..................................................................................................................................................... 2

CHAPTER 27 – HISTORIC DISTRICTS ...................................................................................................................................... 1

27-1 SHORT TITLE ........................................................................................................................................................... 1 27-2 PURPOSE ................................................................................................................................................................ 1 27-3 DEFINITIONS ........................................................................................................................................................... 1 27-4 HISTORIC DISTRICT STUDY COMMITTEE ................................................................................................................. 2 27-5 ESTABLISHING ADDITIONAL, MODIFYING, OR ELIMINATING HISTORIC DISTRICTS. ................................................ 3 27-6 THE HISTORIC DISTRICT COMMISSION. .................................................................................................................. 3 27-7 HISTORIC DISTRICT MEETINGS, RECORDKEEPING & RULES OF PROCEDURE. ......................................................... 3 27-8 DELEGATION OF MINOR CLASSES OF WORK. .......................................................................................................... 3 27-9 ORDINARY MAINTENANCE. .................................................................................................................................... 3 27-10 REVIEW BY THE COMMISSION. ............................................................................................................................... 3 27-11 DESIGN REVIEW STANDARDS AND GUIDELINES. .................................................................................................... 3 27-12 PERMIT APPLICATIONS ........................................................................................................................................... 4 27-13 DENIALS .................................................................................................................................................................. 4 27-14 NOTICE TO PROCEED .............................................................................................................................................. 4 27-15 APPEAL OF A COMMISSION DECISION .................................................................................................................... 5 27-16 WORK WITHOUT A PERMIT .................................................................................................................................... 5

TABLE OF CONTENTS

(2017) 1-6

27-17 DEMOLITION BY NEGLECT ...................................................................................................................................... 5 27-18 REVIEW OF WORK IN PROPOSED DISTRICTS ........................................................................................................... 5 27-19 EMERGENCY MORATORIUM .................................................................................................................................. 5 27-20 PENALTIES FOR VIOLATIONS ................................................................................................................................... 5 27-21 ACCEPTANCE OF GIFTS OR GRANTS ........................................................................................................................ 5 27-22 ACQUISTION OF HISTORIC RESOURCES .................................................................................................................. 6 27-23 HISTORIC DISTRICT BOUNDARY AT CITY’S FIRST HISTORIC DISTRICT ...................................................................... 6

CHAPTER 28 - LAND DIVISION ORDINANCE .......................................................................................................................... 1

28-1 SHORT TITLE ........................................................................................................................................................... 1 28-2 PURPOSE ................................................................................................................................................................ 1 28-3 DEFINITIONS ........................................................................................................................................................... 1 28-4 APPLICATION FOR LAND DIVISION APPROVAL........................................................................................................ 1 28-5 LAND DIVISION REQUIREMENTS............................................................................................................................. 2 28-6 ADOPTION OF LAND DIVISION ACT ......................................................................................................................... 3 28-7 REMEDIES AND ENFORCEMENT ............................................................................................................................. 3

CHAPTER 29 - LAND SUBDIVISION ....................................................................................................................................... 1

29-1 SHORT TITLE ........................................................................................................................................................... 1 29-2 POLICY .................................................................................................................................................................... 1 29-3 PURPOSE ................................................................................................................................................................ 1 29-4 LEGAL BASIS ............................................................................................................................................................ 1 29-5 DEFINITIONS ........................................................................................................................................................... 1 29-6 ADMINISTRATION ................................................................................................................................................... 3 29-7 JURISDICTION. ........................................................................................................................................................ 3 29-8 PLATTING PROCEDURE AND DATA REQUIRED. ....................................................................................................... 3 29-9 SUBDIVISION DESIGN STANDARDS. ........................................................................................................................ 6 29-10 SUBDIVISION LOT SPLITS. ....................................................................................................................................... 9 29-11 VARIANCE. .............................................................................................................................................................. 9 29-12 ENFORCEMENT ..................................................................................................................................................... 10 29-13 SCOPE. .................................................................................................................................................................. 10 29-14 CONDOMINIUM DEVELOPMENT STANDARDS ..................................................................................................... 10

CHAPTER 30 - ZONING ......................................................................................................................................................... 1

30-1 SHORT TITLE ........................................................................................................................................................... 1 30-2 INTENT AND PURPOSE ............................................................................................................................................ 1 30-3 MINIMUM REQUIREMENTS .................................................................................................................................... 1 30-4 USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS ........................................................................................... 1 30-5 RULES OF CONSTRUCTION ...................................................................................................................................... 1 30-6 SEPARABILITY ......................................................................................................................................................... 1 30-7 AUTHORITY ............................................................................................................................................................. 2 30-8 DEFINITIONS ........................................................................................................................................................... 2 30-9 NON-CONFORMING BUILDINGS, STRUCTURES AND USES. .................................................................................. 14 30-10 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS. ................................................................................ 15 30-11 PLATTED AND UNPLATTED LAND. ......................................................................................................................... 15 30-12 ACCESSORY BUILDINGS, USES AND EQUIPMENT. ................................................................................................. 15 30-13 SWIMMING POOLS. .............................................................................................................................................. 16 30-14 SATELLITE DISH ANTENNAS. ................................................................................................................................. 17 30-15 FENCES - GENERAL REQUIREMENTS. .................................................................................................................... 18 30-16 REQUIRED SCREENING AND LANDSCAPING. ........................................................................................................ 19 30-17 OFF-STREET PARKING REQUIREMENTS ................................................................................................................ 23 30-18 OFF-STREET LOADING. .......................................................................................................................................... 27 30-19 SIGNS. ................................................................................................................................................................... 28 30-19A LIGHTING. ............................................................................................................................................................. 35 30-19B EXTERIOR BUILDING WALL MATERIALS. ............................................................................................................... 35 30-20 SCHEDULE OF REGULATIONS ................................................................................................................................ 36 30-21 ESTABLISHMENT OF DISTRICTS; PROVISIONS FOR OFFICIAL ZONING MAP. ......................................................... 39

TABLE OF CONTENTS

(2017) 1-7

30-22 R-1, AND R-2 SINGLE FAMILY RESIDENTIAL DISTRICT. ............................................................................................ 40 30-23 R-3 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT .......................................................................................... 42 30-24 R-4 MEDIUM DENSITY RESIDENTIAL DISTRICT. ..................................................................................................... 42 30-25 R-5 HIGH DENSITY RESIDENTIAL DISTRICTS. ......................................................................................................... 44 30-26 R-MH MOBILE HOME DISTRICT. ............................................................................................................................ 44 30-27 B-1 NEIGHBORHOOD BUSINESS DISTRICT. ........................................................................................................... 46 30-28 B-2 GENERAL BUSINESS DISTRICT. ........................................................................................................................ 48 30-29 B-3 CENTRAL BUSINESS DISTRICT. ........................................................................................................................ 50 30-30 I-1 LIGHT INDUSTRY DISTRICT. .............................................................................................................................. 51 30-31 I-2 GENERAL INDUSTRY DISTRICT. ........................................................................................................................ 53 30-32 I-3 INDUSTRIAL PARK DISTRICT ........................................................................................................................... 54 30-32A I-4 AIRPORT INDUSTRIAL PARK DISTRICT............................................................................................................. 56 30-32B A - AIRPORT DISTRICT ........................................................................................................................................... 58 30-32C FLOOD HAZARD AREAS ORDINANCE. .................................................................................................................... 58 30-33 AMENDMENTS. .................................................................................................................................................... 58 30-34 SPECIAL EXCEPTION USES. .................................................................................................................................... 59 30-35 VARIANCES AND APPEALS. ................................................................................................................................... 81 30-36 SITE PLAN REVIEW. ............................................................................................................................................... 83 30-37 ADMINISTRATION AND ENFORCEMENT ............................................................................................................... 86 CHART 1 - PARKING LOT DIMENSIONS TABLE ...................................................................................................................... 88 CHART 2 - DIAGRAM OF PARKING LOT DIMENSIONS ........................................................................................................... 89 CHART 3 - SCHEDULE OF REGULATIONS 30-20 ..................................................................................................................... 90 CHART 4 - ECONOMIC AND FISCAL ANALYSIS ....................................................................................................................... 92 CHART 5 - PLAN REVIEW AND APPROVAL ............................................................................................................................ 93

TABLE OF CONTENTS

(2017) 1-8

THIS PAGE INTENTIONALLY LEFT BLANK

CHAPTER 1 - GENERAL PROVISIONS

1-1 SHORT TITLE. The book shall be known and may be cited as "City of Three Rivers Code". In this book, it is referred to as "this Code".

1-2 DEFINITIONS. For the purpose of this Code and in the interpretation and application of all ordinances of the City, except as the context may otherwise require, the following definitions shall apply:

Authorized City Official means a police officer, Code Enforcement Officer, Building Official or other officer or employee of the City authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices. The City Code Enforcement Officer and Building Official are specifically authorized to enforce City Code Chapters 4, Section 408, 409, 4-10 and 4-11 and City Code Chapters 9, 12, 13, 16 and 30.

Chapter means one of the major divisions of this Code identified by number and divided by subject matter.

City means the City of Three Rivers in the County of St. Joseph and State of Michigan.

City Commission or Commission means the legislative body of the City.

Clerk or City Clerk means the City Clerk of the City.

County means the County of St. Joseph in the State of Michigan.

Department means an organizational unit of the City government established or designated by the City Charter, this Code or ordinance, together with any agency or instrumentality of the City government assigned to the organizational unit by the City Commission.

Law means all applicable laws of the United States of America, the State of Michigan and the City.

Licensed means licensed in accordance with the applicable provisions of this Code.

Month means a calendar month unless otherwise specifically provided.

Municipal Civil Infraction means an act or omission that is prohibited by this Code or any ordinance of the City, but which is not a crime under this Code or other ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser offense of a violation of this Code than is a criminal offense.

Ordinance means any act of local legislation adopted by the City Commission so long as it remains in force and effect pursuant to law.

Paragraph means a subdivision under a subsection, identified by an alphabetical letter or Arabic numeral.

Person means any individual, natural person, partnership, co-partnership, joint venture, society, association, club, estate, trustee, trust, corporation or unincorporated group; or any officer, agent, employee, servant, factor of any kind or personal representative of any kind thereof in any capacity, acting either for himself or herself or for any other person, under either personal appointment or pursuant to law and any other group or combination acting as a unit, and the individuals constituting the group or unit.

Public Place means any place to or upon which the public resorts or travels, whether it is owned or controlled by the City or any agency of the State, or is a place to or upon which the public resorts or travels by custom, or by invitation, express or implied.

Section means a major subdivision of a Chapter of this Code.

Sidewalk means any portion of a street between the curb lines or lateral lines and the right of way lines which is intended for the use of pedestrians.

State means the State of Michigan.

Street includes an avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public. "Street" shall also mean the entire width subject to an easement for public right of way, or owned in fee by the City, County or State, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public, as a matter of right for purposes of public travel. The word "alley" shall mean any such way or place providing a secondary means of ingress and egress from a property.

Subsection means a subdivision of a section, identified by a decimal numeral.

This Code means the City of Three Rivers Code and any additions or amendments.

Violation means any act which is prohibited or made or declared to be unlawful, or an offense by this Code or any ordinance; and any omission or failure to act where the act is required by this Code or any ordinance.

Writing and written means printing, typewriting, facsimile and any other mode of communication using paper or similar material which is in general use as well as legible handwriting.

Year means a calendar year unless otherwise specifically provided.

1-3 CONSTRUCTION. For the purpose of this Code and all City ordinances, except as the context may otherwise require, the masculine gender includes the feminine and neuter, the singular number includes the plural and the plural the singular. The present tense includes the past and future tenses and the future, the present. Except as

GENERAL PROVISIONS

(2017) 1-2

otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event, or requirement for which provision is made in this Code, either as a power, immunity, requirement or prohibition.

Shall is mandatory and may is permissive.

The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the City are closed, that day shall be excluded.

Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of Michigan during any day in any year.

Whenever, by the provisions of this Code, any officer of the City is assigned any duty or empowered to perform any act or duty, the title of the officer shall mean and include the officer or his or her deputy or authorized subordinate.

Any citation of a law or ordinance contained in this Code shall be deemed to refer to the law or ordinance as amended, whether or not the designation is included in the citation.

1-4 SEVERABILITY. 1-4.1 Legislative Intent Established. It is the legislative intent of the City Commission in adopting this Code that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the City. Should any provision or section of this Code be held unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, that chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code. The provisions of this Section shall apply to the amendment of any section of this Code whether or not the wording of this section is set forth in the amendatory ordinance.

1-4.2 Headings. No provision of this Code shall be held invalid by reason of deficiency in any Chapter or section heading.

1-5 PENALTY. 1-5.1 General Penalties and Sanctions for Violations of City Code; Continuing Violations; Injunctive Relief. (A) Unless a violation of this Code or any ordinance of the City is specifically designated in the Code or

ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.

(B) The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus cost of prosecution), or imprisonment not exceeding ninety (90) days, or both, unless a specific penalty is otherwise provided for the violation by this Code or any ordinance.

(C) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by this Code or any ordinance, plus costs, damages, expenses and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.

(1) Unless otherwise specifically provided for a particular municipal civil infraction violation of this Code or any ordinance, the civil fine for a violation shall be not less than $50 plus costs and other sanctions for each infraction.

(2) Increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this Code or any ordinance. As used in this Section, "repeating offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person within any six (6) month period (unless some other period is specifically provided by this Code or any ordinance) and (ii) for when the person admits responsibility or is determined to be responsible. Unless otherwise specifically provided by this Code or any ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:

(a) The fine for any offense which is a first repeat offense shall be no less than $200, plus costs.

(b) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500, plus costs.

(D) A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this Code or any ordinance; and any omission or failure to act where the act is required by this Code or any ordinance.

(E) Each day on which any violation of this Code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.

(F) In addition to any remedies available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this Code or any ordinance.

1-5.2 Application to Amending and Supplementary Ordinances. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty is re-enacted in the amendatory ordinance.

GENERAL PROVISIONS

(2017) 1-3

1-5.3 Complicity. Every person who commits or procures, counsels, aids or abets the commission of any act declared in this Code to be an offense, whether individually or in connection with another person, or as principal, agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another person to violate any provision of this Code shall likewise be guilty of such offense.

1-5.4 Election for Prosecution. If the same offense is made punishable or created by different sections of this Code or other ordinances of the City, the City Attorney may elect under which to proceed, but not more than one punishment or recovery may be had against the same person for the same offense or violation.

1-6 CONTINUATION CLAUSE. The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

1-7 REPEAL CLAUSE. The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

1-8 DISTRIBUTION OF CODE. 1-8.1 City Clerk's Duty. The City Clerk shall supervise the distribution of copies of this Code and shall maintain a list of all persons to whom a copy has been assigned.

1-8.2 Ownership of Code Established. Each copy of this Code distributed to officers or employees of the City shall remain the property of the City and upon expiration of his or her term of office or termination of employment, shall be returned to the City Clerk. If the copy of this Code entrusted to a City officer or employee is not returned to the City Clerk, the cost may be charged against the final compensation.

1-8.3 Public Information. The City Clerk shall keep one (1) copy of this Code available for public inspection at City Hall during regular office hours.

1-8.4 Code Sales to the Public. Copies of this Code shall be available to the public at a cost established by the City Commission.

1-9 PROCEDURE TO AMEND THE CODE. 1-9.1 Amendment Procedure. This Code shall be amended by ordinance. The title of each amendatory ordinance, adapted to the particular circumstances and purposes of the amendment, shall be substantially as follows:

(A) To amend any section:

AN ORDINANCE TO AMEND SECTION _________ (or SECTIONS _________ AND __________) OF THE CITY OF THREE RIVERS CODE.

(B) To insert a new section or chapter:

AN ORDINANCE TO AMEND THE CITY OF THREE RIVERS CODE BY ADDING A NEW SECTION (OR SECTIONS) OR NEW CHAPTER, WHICH NEW SECTION (SECTIONS OR CHAPTER) SHALL BE DESIGNATED AS SECTION _________ (SECTIONS ____________ AND ___________) OF CHAPTER ___________ (or proper designation of a chapter is added) OF THE CODE.

(C) To repeal a section, chapter or title:

AN ORDINANCE TO REPEAL SECTION __________ (SECTIONS __________ AND __________) CHAPTER __________, OF THE CITY OF THREE RIVERS CODE.

1-9.2 Publication and Distribution of Code Supplements. Supplements to this Code shall be published as required by the City Charter for insertion in this Code. The City Clerk shall distribute Supplements to the officers and employees of the City having copies of this Code assigned to them. Each officer and employee assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Supplements shall be available for purchase by the public at a cost established by the City Commission.

1-10 SERVICE OF NOTICE AND PUBLIC HEARINGS. 1-10.1 Notice. Notice regarding sidewalk repairs, sewer or water connections, dangerous structures, abating nuisances or any other act, the expense of which if performed by the City, may be assessed against the premises under the provisions of this Code shall be served:

(A) By delivering the notice to the owner personally or by leaving the same at his or her residence, office or place of business with some person of suitable age and discretion, or

(B) By mailing the notice by certified or registered mail to the owner at his or her last known address, or as otherwise directed by the City Commission, City Manager or City Attorney.

(C) If the owner is unknown, by posting the notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any City officer or employee unless duly authorized to do so.

GENERAL PROVISIONS

(2017) 1-4

1-10.2 Notice of Public Hearings. (A) In all instances where a public hearing is to be held for the closing of railroad crossings, vacating of a street

or a portion thereof, but not limited solely to hearings for such purposes, when directed by the City Commission, the City Clerk shall give notice of the public hearing to those persons or all persons in an area designated by the City Commission.

(B) The notice to be given by the City Clerk shall be a written notice of the public hearing, stating the date, time, place and purpose of the hearing and shall be delivered to those persons designated by the City Commission personally or by registered mail or certified mail, return receipt requested, addressed to the last known address of the persons, or as otherwise directed by the City Commission, City Manager or City Attorney. The notice shall be given at least ten (10) days prior to date set for the public hearing.

(C) Nothing in this section relative to the method of making service of the written notice of public hearing or the length of time that notice shall be given prior to the hearing shall change or amend the method of giving notice or the length of time for giving notice prior to the hearing specifically set forth elsewhere in this Code or as otherwise required by law.

(2017) 1-5

THIS PAGE INTENTIONALLY LEFT BLANK

2-1

CHAPTER 2 - ADMINISTRATION

2-1 CITY MANAGER. The City Manager shall see that all laws, ordinances, rules, regulations adopted by the City Commission, and the provisions of this Code are properly enforced. He shall attend all meetings of the Commission, regular and special. During the absence or disability of the Manager, the City Commission shall designate some qualified person to temporarily perform the duties of the City Manager, as acting City Manager.

2-2 DEPARTMENT HEADS. All administrative officials, other than the City Attorney, are responsible to the City Manager for the effective administration of their respective departments and offices, and all activities assigned to them. The City Manager may set aside any action taken by any administration official and may be subject to approval by the City Commission.

2-3 VACANCIES. In case of vacancy in office or during the absence of any administrative officer, the City Manager may designate an interim acting head or perform personally the functions of the office until the vacancy is filled in accordance with the Charter.

2-4 ALL DEPARTMENTS. All Departments of the City shall comply with the following:

(A) All department heads shall keep informed as to the latest practices in their particular field and shall initiate, with the approval of the City Manager in the case of departments responsible to him or her or in the case of other departments, with the approval of the officer or body to whom the department head is responsible, new practices that appear to be of benefit to the service and to the public.

(B) Reports of the activities of each department shall be made to the City Manager as he or she shall direct.

(C) Each department head shall be held responsible for the preservation of all public records under his or her jurisdiction and shall provide a system of filing and indexing the same. No public records, reports, correspondence or other data relative to the business of any department shall be destroyed or removed permanently from the files without the knowledge and approval of the City Commission or in accordance with a disposal schedule specifically approved by the City Commission.

2-5 ADMINISTRATIVE MANUAL. The City Manager is authorized to adopt administrative regulations in addition to, but not inconsistent with, the Charter and this Code, as he or she shall deem necessary and proper to provide for the adequate functioning of all departments. Administrative regulations shall comprise the Administrative Manual.

2-6 POLICE DEPARTMENT. 2-6.1 Minimum Standards Adopted for Employment of Police Officer. The minimum employment standards for law enforcement officers as established and adopted by the Michigan Law Enforcement Officers Training Council in accordance with Act No. 203, Public Acts of 1965 are hereby adopted by reference.

2-7 AUXILIARY POLICE CORPS. 2-7.1 Appointment of Auxiliary Police Officers by City Manager. The City Manager is authorized and directed to appoint special police officers as Auxiliary Police Officers in numbers as may be deemed necessary to perform police duties in times of extraordinary emergency, under the direction of, and in compliance with rules and regulations of the City as the City Manager and Chief of Police shall promulgate.

2-7.2 Oath of Allegiance. All Auxiliary Police Officers shall take the oath to the City and shall not be qualified to act as Auxiliary Police Officers until the oath has been taken.

2-7.3 Dress, Insignia. Auxiliary Police Officers shall wear badges, dress and insignia as the Chief of Police shall direct and shall be equipped in the manner the Chief of Police deems necessary for the proper discharge of their duties.

2-7.4 Appointments, Training. Auxiliary Police Officers shall be appointed by the City Manger pursuant to rules and regulations promulgated by the City Manager and Chief of Police. The Chief of Police shall have complete authority and control of Auxiliary Police Officers. The Chief of Police may provide for the training of candidates for membership in the Auxiliary Police Corps, and for further training of its members.

2-7.5 Rules, Compensation. The City Manager and Chief of Police shall promulgate rules and regulations relating to the qualifications, appointment and removal of Auxiliary Police Officers, who shall serve without compensation except as otherwise specified by the City Commission.

2-7.6 Worker's Compensation. Each member of the Auxiliary Police Corps, while acting under the direction of the Chief of Police, during a regular assigned tour of duty, is an employee of the City and is entitled to receive Worker's Compensation from the City in accordance with the provisions of the Worker's Compensation Law of the State. For the purpose of computing the benefits to which a member or his or her dependents may be entitled, pursuant to the Worker's Compensation Law, his or her average weekly earnings shall be deemed to be the amount as will qualify the member of his or her dependents for the maximum benefits to which the member or his or her dependents would be entitled under the provisions of the Compensation Law upon the date of injury.

2-7.7 Off Duty Conduct. It shall be unlawful for any Auxiliary Police Officer to exercise his or her authority as a police officer or to wear the uniform or insignia or to display his or her badge in an attempt to exercise his or her authority except during the performance of actual authorized police duty.

CHAPTER 2 ADMINISTRATION

(2017) 2-2

2-7.8 Impersonation. It shall be unlawful for any person not duly appointed and sworn as an Auxiliary Police Officer to impersonate a police officer or to wear, carry or display the badge, designated dress or insignia of an Officer.

2-7.9 Supervision of Auxiliary Police under Disaster Conditions. Supervision of the Auxiliary Police Corps under disaster conditions shall be as follows:

(A) Under local disaster conditions the Zone Civil Defense Director shall have overall responsibility for and charge of the rescue or emergency operations, and the Chief of Police shall command his or her forces, including the Auxiliary Police Corps, under the overall direction of the Zone Civil Defense Director.

(B) Under regional, state or national disaster conditions, the Zone Civil Defense Director shall have responsibility for and charge of the local Civil Defense Units, and the Chief of Police shall command his or her forces under the direction of the Zone Civil Defense Director, who shall be under the overall supervision and direction of the County Civil Defense Director.

2-8 CIVIL DEFENSE. 2-8.1 DEFINITIONS As used in this Section.

Civil Defense means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, for protection against and to minimize injuries and damage resulting from enemy attack, sabotage, or other hostile action, or by natural disaster.

Civil Defense Volunteer means any person who serves without compensation in the civil defense organization.

Emergency means a condition resulting from enemy attack or natural disaster which cannot be handled by normal operating personnel and facilities.

Natural Disaster means any condition seriously affecting or threatening public health, welfare or security as a result of severe fire, explosion, flood, tornado, hurricane, or similar natural or accidental cause and which is beyond the control of public or private agencies ordinarily responsible for the control or relief of those conditions. Riots, strikes, insurrections, or other civil disturbances shall not be included within the meaning of "natural disaster".

2-8.2 Department of Civil Defense. A Department of Civil Defense is hereby created utilizing to the fullest extent personnel and facilities of existing City departments and agencies. The Mayor shall be responsible for its organization, administration, and operation. The organization shall consist of the following:

(A) A Department of Civil Defense shall function within the executive department of the City government. There shall be an executive head of the Department of Civil Defense, appointed by the City Commission, who shall be known as the Director of Civil Defense.

(B) Five (5) Deputy Directors with responsibility for Financial Service, Law Enforcement, Fire Control, Engineering Services, and Health and Medical Services shall be appointed by the City Manager. These shall, so far as possible, be additional duty assignments to existing personnel, and it is the intent of this Section that civil defense and disaster assignments shall be as nearly consistent with normal duty assignments as possible.

(C) The employees, equipment, and facilities of all City departments, and agencies suitable for or adaptable to civil defense may be designated by the City Manager to participate in the civil defense activity.

(D) Civil defense volunteers, including persons and private or governmental units offering services to the organization.

2-8.3 Powers and Duties of the Mayor. In the event of actual enemy attack or natural disaster, the Mayor, or in his or her absence or inability to serve, the Mayor Pro-Tem, as conservator of the peace shall:

(A) Declare a state emergency within the City, thereby placing in effect the civil defense and disaster control plan required by this Section.

(B) Convene the City Commission to perform legislative and administrative functions as the situation may demand. The City Commission shall have the power to terminate the state of emergency.

(C) Request the State, its agencies or political sub-divisions to send aid if the situation is beyond the control of the regular emergency City forces.

(D) Have the power to command services and the use of equipment needed to aid the regular and volunteer City forces in time of emergency.

(E) Promulgate emergency regulations as may be deemed necessary to protect life and property and conserve critical resources. These regulations may be invoked when necessary for tests of civil defense and disaster plans. All regulations shall be subject to approval of the City Commission.

The Mayor, or in his or her absence or inability to serve, the Mayor Pro-Tem, shall have power to order civil defense forces to the aid of the State or political subdivisions of the State, subject to City Commission review as soon as practicable.

2-8.4 Powers and Duties of the City Manager. The powers and duties of the City Manager shall consist of the following:

CHAPTER 2 ADMINISTRATION

(2017) 2-3

(A) The City Manager, through the Director of Civil Defense, shall maintain general supervision over the planning and administration for the civil defense organization and the execution of the civil defense and disaster plans. The City Manager shall coordinate the civil defense activities and make emergency assignments of civil defense duties and civil defense forces in order to meet situations not covered in the normal duties of the forces.

(B) The City Manager may take all necessary action to conduct tests of the civil defense and natural disaster plans.

(C) When a state of emergency has been declared, the City Manager shall assemble and utilize civil defense forces and prescribe the manner and conditions of their use.

(D) The City Manager shall designate a line of succession among City department heads to carry out the powers and duties of this Subsection in the event of the City Manager's absence or inability to serve. The City Manager is authorized to exercise the powers granted to the Mayor in Subsection 2-8.3, either in the absence or inability of the Mayor and the Mayor Pro-Tem to serve, or where delay in the exercise of their powers would be contrary to the public interest.

2-8.5 Powers and Duties of the Director of Civil Defense. (A) The Director of Civil Defense (the "Director") shall be executive head of the Department of Civil Defense,

and shall have responsibility for the organization, administration, and operation of the civil defense and disaster control organization subject to the direction and control of the City Manager.

(B) The Director shall be responsible for public relations information and education regarding all phases of civil defense.

(C) The Director shall be responsible for the development of a civil defense and disaster control plan, and upon adoption, shall be responsible for implementation and revision of the plan so as to maintain it in a current state of readiness at all times.

(D) The Director shall coordinate all activities for civil defense and disaster control and shall maintain liaison and cooperate with all other interested and affected agencies, public and private.

(E) The Director shall coordinate the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the City for civil defense purposes.

(F) The Director may issue proper insignia and papers to civil defense workers and other people directly concerned with civil defense.

2-8.6 Civil Defense and Disaster Control Plan. A comprehensive civil defense and disaster control plan shall be adopted and maintained by resolution of the City Commission upon the recommendations of the City Manager. In the preparation of this plan as it pertains to City organizations, it is the intent that the services, equipment facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all City departments and agencies to perform the functions and duties assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times.

2-8.7 Conflicting Ordinances, Orders, Rules and Regulations Suspended. At all times when the orders, rules and regulations made and promulgated pursuant to this Section shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent with this Section.

2-8.8 Violation of Regulations. It shall be unlawful for any person to violate any of the provisions of this Section or of the regulations issued pursuant to the authority contained in this Section, or to willfully obstruct, hinder or delay any member of the civil defense organization in the enforcement of the provisions of this Section or any regulations issued under this Section.

2-9 GENERAL REGULATIONS FOR BOARDS, COMMITTEES, AND COMMISSIONS. 2-9.1 Board means the Board which shall be an advisory board to the City Commission on plans for development and maintenance of the parks and public recreation properties, cemetery facilities and programs in the City.

2-9.2 Vacancies. Unless otherwise provided, any vacancy occurring in the membership of any City Board, Committee or Commission shall be filled for the remainder of the unexpired term in the manner provided for the original appointment. In this Section, the term "Board" shall include any Committee or Commission. Persons interested in serving on a Board may make application for appointment on forms provided by the City Manager. Upon the occurrence of a vacancy on any Board, whether by resignation, removal or expiration of the term to which a member has been appointed, the City Manager shall provide to the City Commission a list of all persons who within the previous two (2) years have filed an application form with the City Manager indicating an interest in serving on the Board having a vacancy. The City Commission may require a candidate for appointment to a Board to appear before the City Commission to be interviewed to determine his or her qualifications to serve as a member of the Board having a vacancy in its membership.

2-9.3 Removal. The City Commission may remove any member of a Board for cause as provided by Section 4.10 (b) of the Charter. Any member of a Board who within any twelve (12) month period shall fail to attend fifty (50%) percent or more of the regular and special meetings of the Board on which he or she is a member, shall be deemed to have resigned therefrom, and the City Manager shall report the vacancy to the City Commission at its next regular meeting.

2-9.4 Compensation. Unless otherwise provided, all members of Boards shall serve without compensation.

CHAPTER 2 ADMINISTRATION

(2017) 2-4

2-9.5 Oath of Office. All members of Boards shall be required to take the constitutional oath of office before entering upon their duties the same as other officers and officials of the City.

2-9.6 Charter. The provisions of Section 7.13 of the Charter shall govern all City Boards.

2-9.7 Terms. All terms of all appointed citizen members of City Boards, Committees, and Commissions shall be for three (3) years. The terms of office for members of all City Boards, Committees, and Commissions shall expire on March 1st except for members of the Board of Review whose term shall expire on April 30th.

2-9.8 Successive Terms. No appointed member of any Board may serve for more than two (2) consecutive three (3) year terms except and unless appointed for less than a three (3) year term; in which event the appointee is then additionally entitled to two (2) additional consecutive three (3) year terms. One (1) year shall elapse between expiration of two (2) consecutive three (3) year terms before an appointee can be considered for appointment to the same Board.

2-9.9 Staggered Terms. All Boards shall have staggered terms as follows:

(A) Nine (9) member Boards shall have three (3) members appointed each year.

(B) Seven (7) member Boards shall have two (2) members appointed for two (2) consecutive years and in the third year three (3) members.

(C) Six (6) member Boards shall have two (2) members appointed each year and in the third year one (1) member.

(D) Five (5) member Boards shall have two (2) members appointed each year and in the third year one (1) member.

2-9.10 Non-Voting Member. A member of the City Commission shall be appointed as a non-voting advisory member of each Board.

2-9.11 Performance Review. At its regular meetings in January of each year, the City Commission shall review the performance of each Board to determine if the Board has accomplished its goals and objectives during the prior year. Boards which in the determination of the City Commission are no longer necessary in the public interest shall be abolished by appropriate action of the City Commission.

2-10 ADMINISTRATIVE POLICIES. 2-10.1 Approval of Legal Documents. The Mayor shall sign, the City Clerk shall attest to, the City Manager shall approve as to substance, and the City Attorney shall approve as to form all contracts and agreements requiring the assent of the City unless otherwise provided for by law, the Charter, ordinances or the provisions of this Code.

2-10.2 Bonds. Surety bonds, conditioned as required by Section 4.8 of the Charter, shall be filed by the following officers of the City in not less than the amounts indicated:

Treasurer $50,000.00 City Clerk $25,000.00 Deputy Treasurer $25,000.00 Deputy Clerk $10,000.00

All other officers of the City and employees (except the Mayor and Commissioners) Blanket Bond, Two Thousand Five Hundred ($2,500.00) Dollars.

2-11 AIRPORT BOARD. 2-11.1 Airport Board. The Airport Board shall consist of eight (8) members, seven (7) of whom shall be appointed by the City Commission as prescribed in Section 2-9 and the Airport Manager, ex-officio.

2-11.2 Powers and Duties. (A) The Airport Board shall be an advisory body to the City Commission on all matters pertaining to the

development and maintenance of any airport owned or controlled by the City.

(B) The members of the Airport Board at a regular meeting in March of each year shall elect a Chairperson, a Vice-Chairperson and Secretary among its members.

(C) The Airport Board, after appropriate study and investigation, may recommend improvements, changes or additions to airport facilities and on policy for the management and operation of any airport owned or controlled by the City.

2-11.3 Appointment of Airport Manager; Duties. There shall be an Airport Manager to administer the operation of all airports owned or controlled by the City. The Airport Manager shall be appointed by the City Commission and shall be an administrative officer of the City in accordance with Sections 7.1 and 7.2 of the Charter.

2-11.4 Preparation of Budget. The Airport Manager shall prepare a proposed budget for each fiscal year for consideration by the Airport Board. Upon approval of a proposed budget, the Airport Board shall submit the budget to the City Manager.

CHAPTER 2 ADMINISTRATION

(2017) 2-5

2-12 CITY PLANNING COMMISSION. The City Planning Commission heretofore created pursuant to the provisions of Act No. 285 of the Public Acts of the State of Michigan for 1931, as amended, is hereby continued. It shall be known as the City Planning Commission.

2-12.1 Membership. The City Planning Commission shall consist of nine members who shall represent, insofar as possible, different professions or occupations; and who shall be freeholders, but not necessarily electors, of the City of Three Rivers. The members shall be appointed by the Mayor, subject to the approval of the City Commission. One of the members may be a member of the Zoning Board of Appeals who is a resident of the City. The term of each member of the City Planning Commission shall be three (3) years except that in the case of the first City Planning Commission appointed, three (3) of said members shall be appointed for a term of one (1) year, three (3) for a term of two (2) years, and three (3) for a term of three (3) years. The member shall hold office until his successor has been appointed. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Mayor, subject to approval by the City Commission. The City Attorney shall serve as attorney for the Commission. All members of the City Planning Commission shall serve without compensation.

2-12.2 Removal of Member. Members of the City Planning Commission may, after public hearing, be removed by the Mayor for inefficiency, neglect of duty, or malfeasance in office; provided that the removal is approved by the City Commission.

2-12.3 Meetings and Records. The City Planning Commission shall annually elect its chairman from amongst the appointed members and create and fill other offices as it may determine. The City Planning Commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and open to inspection in the Office of the City Clerk after it has been presented to the City Commission.

2-12.4 Contracts for Services. The City Planning Commission may contract with City planners, engineers, architects, and other consultants for specialized services as it may require. The Planning Commission shall be authorized to engage a paid secretary. In addition, the services of regular City employees may be obtained as found necessary for its work. Provided, however, the City Planning Commission shall not expend any funds or enter into any contracts or agreements for expenditures in excess of amounts appropriated for the purpose by the City Commission. The City Commission may appropriate funds for City planning as it may deem advisable.

2-12.5 Powers and Duties of City Planning Commission. The City Planning Commission shall have the powers concerning the preparation and adoption of a master plan or any part thereof, the making of surveys as a basis for a plan, the approval of public improvements, the carrying out of educational and publicity programs, the approval of plats and other rights, powers, duties and responsibilities as are provided in Sections 6 to 15 of Act No. 285 of the Public Acts of the State of Michigan for 1931, as amended, excluding Section 9.

2-12.6 Gifts. The City Planning Commission shall have the right to accept and use gifts for the exercise of its functions in which case special accounts shall be set up under the control of the City Treasurer and disbursements made therefrom by resolution of the Commission in accordance with the terms of the instrument making the gifts.

2-12.7 Reports and Recommendations. The City Planning Commission shall make reports and recommendations to the City Commission, provided, however, that no recommendation shall be binding upon the City Commission.

2-12.8 Approval or Disapproval of Commission. Whenever the City Planning Commission shall have adopted the master plan of the City or of one or more major sections or districts thereof, no street, square, park or other public way, ground, or open space, or public building or structure, shall be constructed or authorized in the City or in a planned section and district until location, character and extent thereof shall have been submitted to and approved by the City Planning Commission; provided that in case of disapproval, the City Planning Commission shall communicate its reasons to the City Commission; in the event that the City Commission shall disagree with the decision of the City Planning Commission, a joint meeting of the entire City Commission and of the City Planning Commission shall be held and the decision of the Planning Commission fully discussed. After the joint meeting, the City Commission shall, if it shall so desire, overrule the decision of said City Planning Commission by a recorded vote of not less than three-fifths (3/5) of its entire membership.

2-13 COMMUNITY SCHOOLS COUNCIL. 2-13.1 Community Schools Council. The citizen advisory board relating to the recreation functions of the City, as required by Section 7.13(a) of the Charter; is declared to be the Community Schools Council.

2-13.2 Establishment. The Community Schools Council shall consist of ten (10) members of which three (3) members shall be the City Manager, as an ex-officio member by virtue of the office; a member of the City Commission, appointed by the City Commission; and a citizen member-at-large, appointed by the City Commission.

2-13.3 Duties. The entire recreation function of the City shall be the responsibility of the Community Schools Council as provided for, and governed by, an agreement between the Three Rivers Community Schools Board of Education and the City Commission.

2-13.4 Terms of Office. The term of office of the citizen member-at-large shall be for three (3) years. The City Commissioner's term shall be for one (1) year to expire on the first Thursday following the first Monday in November.

2-14 DOWNTOWN DEVELOPMENT AUTHORITY. 2-14.1 Definitions. As used in this Section.

CHAPTER 2 ADMINISTRATION

(2017) 2-6

Act 197 means Act No. 197 of the Public Acts of Michigan of 1975 as now in effect or hereafter amended.

Authority means the Three Rivers Downtown Development Authority.

Board or Board of Trustees means the Board of Trustees of the Authority and its governing body.

City Manager means the City Manager of the City of Three Rivers, acting as the chief executive officer of the City.

Downtown Development Tax means the tax authorized by this Section pursuant to Section 12 of Act 197 to be imposed by the Authority in the downtown area of the City.

Downtown District means of the downtown district designated by this Section as now existing or hereafter amended. The Downtown District shall consist of two parts. The original downtown district shall be known as “Downtown District - Part I. The expanded downtown district shall be known as “Downtown District - Part II.

2-14.2 Determination of Necessity. The City Commission determines that it is necessary for the best interests of the City to halt property value deterioration and increase property tax valuation where possible in the Downtown District of the City, to eliminate the causes of that deterioration and to promote economic growth by establishing a Downtown Development Authority pursuant to Act 197.

2-14.3 Creation of Authority. There is hereby continued, pursuant to Act 197, a Downtown Development Authority. The Authority is a public body corporate and shall be known and exercise its powers under title of "Three Rivers Downtown Development Authority". The Authority may adopt a seal, may sue and be sued in any court of this State and shall possess all of the powers necessary to carry out the purposes of its incorporation as provided by this Section and Act 197. The enumeration of a power in this Section or in Act 197 shall not be construed as a limitation upon the general powers of the Authority.

2-14.4 Description of Downtown District. The Downtown District in which the Authority shall exercise its powers as provided by Act 197 shall consist of that area of the City as designated from time to time by the City Commission. The boundaries of the Downtown District are hereby established as shown on the Downtown Districts Map (Downtown District - Part I and Downtown District - Part II) which accompanies this Section of the Code and which, with all notations, references and other information shown thereon, shall be as much a part of this Section as if fully described herein.

2-14.5 Board of Trustees. The Authority shall be under supervision and control of a board consisting of the City Manager and not less than eight (8) nor more than twelve (12) members. The members of the Board shall be appointed by the City Manager subject to the approval of the City Commission. Not less than a majority of the members shall be persons having an interest in property located in Downtown District - Part I. Not less than one (1) of the members shall be a resident of the Downtown District, if the Downtown District has one hundred (100) or more persons residing within it. Of the members first appointed, an equal number of the members, as near as is practicable, shall be appointed for one (1) year, two (2) year, three (3) year and four (4) years. A member shall hold office until the member’s successor is appointed. Thereafter, each member shall serve for a term of four (4) years. An appointment to fill a vacancy shall be made by the City Manager for the unexpired term only. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the Board shall be elected by the Board. The operation and activities of the Board shall comply with Act 197.

2-14.6 Downtown Development Authority Director. (A) The Board may employ and fix the compensation of a Director, subject to approval of the City Commission.

(B) The Director shall serve at the pleasure of the Board.

(C) Before entering upon the duties of his or her office, the Director shall take and subscribe to the constitutional oath, and furnish bond, by posting a bond in the penal sum determined by the City Commission payable to the Authority for use and benefit of the Authority, approved by the Board, and filed with the City Clerk. The premium on the bond shall be deemed an operating expense of the Authority, payable from funds available to the Authority for expenses of operation.

(D) The Director shall be the Chief Executive Officer of the Authority.

(E) Subject to the approval of the Board, the Director shall supervise, and be responsible for, the preparation of plans and the performance of the functions of the Authority in the manner authorized by Act 197.

(F) The Director shall attend the meetings of the Board, and shall render to the Board and to the City Commission a regular report covering the activities and financial condition of the Authority.

(G) If the Director is absent or disabled, the Board may designate a qualified person as acting Director to perform the duties of the office. Before entering upon the duties of his or her office, the acting Director shall take and subscribe to the oath, and furnish bond, as required of the Director.

(H) The Director shall furnish the Board with information or reports governing the operation of the Authority as the Board requires.

2-14.7 Powers of the Authority. Except as specifically otherwise provided in this Section, the Authority shall have all power provided by law.

2-14.8 Fiscal Year; Adoption of Budget.

CHAPTER 2 ADMINISTRATION

(2017) 2-7

(A) The fiscal year of the Authority shall begin on July 1st of each year and end on June 30th of the following year.

(B) The Board shall annually prepare a budget and shall submit it to the City Commission on the same date that the proposed budget for the City is required by the Charter to be submitted to the City Commission. The Board shall not finally adopt a budget for any fiscal year until the budget has been approved by the City Commission. The Board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the Section authorizing the revenue bonds.

(C) The Authority shall submit financial reports to the City Commission at the same time and on the same basis as departments of the City are required to submit reports. The Authority shall be audited annually by the same independent auditors auditing the City, and copies of the audit report shall be filed with the Commission.

2-14.9 Tax Increment Financing Plan and Development Plan. (A) The City Commission finds and determines that the Tax Increment Financing Plan and Development Plan

(together referred to as the “Plan”) prepared at the direction of the Authority and approved by the City Commission following a public hearing on the Plan conducted pursuant to the provisions of Act 197, constitutes a public purpose in accordance with Act 197.

(B) The City Commission further finds and determines:

(1) That there are less than 100 persons residing within the purposed development area and that therefore no development area citizens’ council is required to be established pursuant to the provisions of Section 21 of Act 197.

(2) That the Plan meets the requirements set forth in Section 17(2) of Act 197.

(3) That the proposed method of financing the development is feasible and that the Authority has the ability to arrange such financing.

(4) That the development is reasonable and necessary to carry out the purposes of Act 197.

(5) That the Plan is in reasonable accord with the master plan of the City.

(6) That the public services, including police and fire protection, and utilities, are or will be adequate to service the development area.

(7) That no changes in zoning are necessary for the Development Plan.

(C) The Development Plan and Tax Increment Financing Plan of the Three Rivers Downtown Development Authority are hereby approved and it is hereby determined that the Plans constitute a public purpose in accordance with the Act.

2-14.10 Downtown Development Tax. (A) The Authority is authorized to impose an ad valorem tax on all taxable property in Downtown District - Part I

for the purposes provided by Act 197. The tax shall not exceed two (2) mills on the value of taxable property in the Downtown District as finally equalized.

(B) In order to impose the tax, the Board shall include in its budget each year an estimate of the amount necessary to be raised from the Downtown Development Tax. The amount of tax imposed shall not exceed the amount necessary as estimated in the authority’s budget and approved by the City Commission. The Board shall certify to the City Assessor the amount so determined in the same manner and at the same time as general City taxes are certified for collection.

(C) There shall be no Downtown Development Tax imposed on property in Downtown District - Part II.

2-15 HOUSING BOARD OF APPEALS. Provisions relating to the Housing Board of Appeals are codified in Section 12-2.10 of Chapter 12 of this Code.

2-16 HOUSING CODE BOARD OF APPEALS. Provisions relating to the Housing Board of Appeals are codified in Section 12-2.10 of Chapter 12 of this Code.

2-17 HUMAN RELATIONS COMMISSION - Repealed - Ordinance 704 dated August 5, 2002

2-18 LIBRARY BOARD. There is hereby created a Three Rivers Public Library Board (hereafter in this Section called the "Library Board"); the members of which shall be appointed by the Mayor with the approval of the City Commission in accordance with Public Act 164 of 1877, as amended. The composition of the Board and its duties are as follows: (A) The Library Board shall be composed of five (5) Directors who shall be chosen from citizens at large with reference to

their fitness for the office. The terms of office of Directors of the Library Board shall be for three (3) years. Vacancies on the Library Board occasioned by removals, resignations, or otherwise shall be filled in like manner as original appointments. No Director shall receive compensation for service on the Library Board.

CHAPTER 2 ADMINISTRATION

(2017) 2-8

(B) The Directors of the Library Board at the first meeting of each year shall elect a President, Vice-President, Secretary, Treasurer, and any other officers the Library Board believes necessary.

(C) The Library Board shall, with the assistance of the Librarian, plan the orderly development and maintenance of the programs, properties and facilities and the purchase of needed books and equipment for the Library. The Library Board shall have the supervision, care and custody of the buildings and rooms of the Library and shall keep the same in a safe and presentable condition.

(D) The Library Board, after due consultation with the Librarian and study of the needs and requirements of the Library, shall prepare and submit to the City Manager by April 15 an annual budget for the anticipated money needed in the coming year for the development and maintenance of the Library programs, facilities and properties and for the purchase or repair of books and equipment, and for the maintenance and repair of the grounds, building and rooms of the Library.

2-18.1 Definitions. As used in this Section. Librarian means the person appointed by the Library Board having general supervision of the Library.

Library means the Three Rivers Public Library.

Library Board means the Three Rivers Public Library Board created to operate, maintain, and develop the Three Rivers Public Library, its programs, properties and facilities.

Library Card means a card or plate issued by the Library for the purpose of identifying the person to whom the library card was issued as authorized to borrow library materials, subject to all limitations and conditions imposed on borrowing by the Library Board.

Library Material means a book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, visual material, magnetic or other tape, electronic data proceeding record, artifact, phonograph record, and other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of the Librarian or Library Board.

Premises of the Library means the interior of the library building or other enclosure in which the library facility is located and in which the Library keeps, displays, and makes available for inspection or borrowing library material, but for purposes of this Chapter, the premises of the Library does not include the exterior areas of the library building nor the land on which the building is located.

2-18.2 Librarian. The Library Board shall appoint a suitable Librarian and necessary assistants, and fix their compensation.

2-18.3 Meetings. (A) The Library Board shall hold regular meetings at least once each month. Special meetings shall be called

by the Secretary at the written request of the President or any two (2) members of the Library Board provided that twenty-four (24) hours written notice is given to each member designating the time and purpose of the meeting. A majority of the members of the Library Board shall constitute a quorum for any regular or special meetings.

(B) Minutes of each meeting shall be taken and copies thereof filed with the City Clerk within one week following the meeting.

(C) All meetings of the Library Board shall be open to the public and be held in the Library Building unless another place is designated by the Library Board.

2-18.4 Finances, Fiscal Year and Gifts. (A) The Library Board shall have the exclusive control of the expenditure of all monies collected to the credit of

the Library Fund. All monies received for the Library shall be deposited in the Treasury of the City to the credit of the Library Fund and shall be kept separate and apart from other monies of the City and be drawn upon by the proper officers of the City upon the properly authenticated vouchers of the Library Board.

(B) The Library Board shall have the same fiscal year as the City. At the end of the fiscal year the Library Board shall make a report to the City Commission stating the condition of their trust at the date of the report, the various sums of money received from the Library Fund and from other sources, and how much monies have been expended, and for what purposes; the number of books and periodicals on hand; the number added by purchase, gift, or otherwise during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of books, with other statistics, information, and suggestions as the Board may deem of general interest. All portions of the report as related to the receipt and expenditure of money as well as the number of books on hand, books lost or missing, and books purchased shall be verified by affidavit.

(C) The Library Board shall have the power to accept donations and gifts, either general or for specific purposes, and shall deposit all monies received in the Treasury of the City to the credit of the Library Fund.

2-18.5 Removal. The Mayor may, by and with the consent of the City Commission, remove any director of the Library Board for misconduct or neglect of duty.

CHAPTER 2 ADMINISTRATION

(2017) 2-9

2-18.6 By-Laws, Rules and Regulations. The Library Board shall prepare by-laws, rules and regulations for their own guidance and for the operation and supervision of the personnel and facilities of the Library and the establishment of fines and penalties with respect to the use of the Library and its facilities as the Library Board may deem expedient and not inconsistent with the Statutes of the State of Michigan.

2-18.7 Damaging Library Property.

(A) Any person who shall willfully, maliciously or wantonly tear, deface, mutilate, or write upon or by other means injure or mar any book or any other property or any part thereof belonging to or loaned from the Library or any other property of the Library shall be guilty of a violation of this Code.

(B) A person commits the offense of library theft when he or she does any of the following acts:

(1) Knowingly and intentionally removes any library material from the premises of the Library without authority to do so.

(2) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of the Library and in the manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes library material beyond the last point in the premises of the library at which library material may be borrowed in accordance with procedures established by the Librarian or Library Board for the borrowing of library material.

(3) With the intent to deceive, borrows or attempts to borrow any library material from the Library by (i) use of a library card issued to another person without that person's consent, (ii) use of a library card knowing that it is revoked, canceled or expired, or (iii) use of a library card knowing that it is falsely made, counterfeit or materially altered.

(4) Borrows library material from the Library and fails to return the library material by the due date, and fails, neglects, and refuses to return the library materials and to pay the fine or fines assessed for late returns within ten (10) days after having been given written notice by the Librarian by regular mail at the last known address of the person as shown in the records of the Library.

(C) Any person convicted of malicious damage of library materials or library theft, as provided in this Section, shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and costs of prosecution or by imprisonment for not more than ninety (90) days, or by both fine and imprisonment. Each act of violation and every day upon which the violation shall occur shall constitute a separate offense.

2-19 LOCAL OFFICERS COMPENSATION COMMISSION. 2-19.1 Establishment of Local Officers Compensation Commission. A local officer’s compensation commission is created pursuant to the Home Rule Cities Act, to be known as the "Local Officers Compensation Commission" or "LOCC". The LOCC shall consist of five (5) members. The members shall be registered electors of the City, appointed by the Mayor subject to confirmation by a majority of the members elected and serving. The term of office shall be five (5) years except that of the members first appointed, one each shall be appointed for terms of one (1), two (2), three (3), four (4), and five (5) years. The first members shall be appointed within thirty (30) days after the effective date of the Chapter. Members other than the first members shall be appointed before October 1 of the year of appointment. Vacancies shall be filled for the remainder of the unexpired term. No member of the City Commission, employee of the City, or any person who is an immediate family member of a City Commissioner or employee of the City may be a member of the LOCC.

2-19.2 Purpose of Local Officers Compensation Commission. The LOCC shall determine the salary of each elected official of the City. The determination of the LOCC shall be the salary of elected officials of the City unless the City Commission by resolution adopted by two-thirds (2/3rds) of the members elected to and serving on the City Commission rejects it. The determination of the LOCC shall be effective thirty (30) days following its filing with the City Clerk unless rejected by the City Commission. If the determination is rejected, the existing salary shall prevail. The expense allowance or reimbursement paid to elected officials in addition to salary shall be for expenses incurred in the course of City business and accounted for to the City.

2-19.3 Meetings. The LOCC shall meet for not more than fifteen (15) session days in each odd numbered year and shall make its determination within forty-five (45) calendar days after its meeting. A majority of the members of the LOCC constitutes a quorum for conducting the business of the LOCC. The LOCC shall not take action or make a determination without a concurrence of a majority of the members appointed to and serving on the LOCC. The LOCC shall elect a chairperson from among its members. As used in this Section, "session day" means a calendar day on which the LOCC meets and a quorum is present. The members of the LOCC shall not receive compensation, but shall be entitled to actual and necessary expenses incurred in the performance of official duties.

2-19.4 Compliance with Open Meetings Act. The LOCC shall conduct business at public meetings held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being the Open Meetings Act. Public notice of the time, date and place of all meetings of the LOCC shall be given in the manner required by the Open Meetings Act.

2-19.5 Compliance with Freedom of Information Act. A writing prepared, owned, used, in the possession of, or retained by the LOCC in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being the Freedom of Information Act.

CHAPTER 2 ADMINISTRATION

(2017) 2-10

2-19.6 Referendum. Not more than sixty (60) days after the effective date of this Chapter, a petition for a referendum on the ordinance that created this Chapter may be filed pursuant to the procedure provided in the City Charter by filing a petition with the City Clerk containing the signatures of at least five (5%) percent of the registered electors of the City on the effective date of this Chapter. The election shall be conducted in the same manner as an election on a charter amendment. If a petition for referendum is filed, a salary determination of the LOCC shall not be effective until this Chapter has been approved by the electors.

2-19.7 Change of Procedure. After one (1) year following the effective date of this Chapter, the procedure for establishing the compensation of elected officials of the City may be changed by charter amendment or revision.

2-20 PARKS BOARD AND CEMETERY BOARD.

2-20.1 Definitions. As used in this Section.

Park means a park, playground, beach, recreation center or any other area in the City owned by the City, and devoted to active or passive recreation.

2-20.2 Parks Board. (A) Appointment and Removal of Members. The Parks Board is established. It shall consist of five (5)

members who shall be appointed by the City Commission in accordance with Section 2-9 of this Code.

(B) Organization. The members of the Board shall at their first meeting in March of each year conduct an organizational meeting and elect from their members a Chairman, Vice-Chairman and a Secretary.

(C) Powers and Duties. The Parks Board shall assist the City Commission in planning the orderly development, landscaping, maintenance and expansion of parks and public recreation properties and facilities in the City and the equipment required therefor.

(D) Meetings. The Parks Board shall hold at least one meeting each month or as often in addition thereto as shall be deemed necessary by the members of the Board and shall submit a copy of the minutes of each meeting to the City Commission.

2-20.3 Cemetery Board.

(A) Appointment and Removal of Members. The Cemetery Board is established. It shall consist of five (5) members who shall be appointed by the City Commission in accordance with Section 2-9 of this Code.

(B) Organization. The members of the Board shall at their first meeting in March of each year conduct an organizational meeting and elect from their members a Chairman, Vice-Chairman and a Secretary.

(C) Powers and Duties.

(1) The Cemetery Board, subject to the approval of the City Commission, shall have the care and management of the City Cemetery and shall direct the improvement and embellishments of the grounds. The Board shall recommend to the City Commission the price of the lots. Burial certificates shall be signed on behalf of the City by the City Clerk.

(2) The Cemetery Board shall recommend to the City Manager appointment of necessary employees for the Cemetery, enforce the provisions of this Code pertaining to the management and care of the Cemetery, and make regulations for the burial of the dead, the care and protection of the grounds, monuments and appurtenances of the Cemetery, and the orderly conduct of persons visiting the grounds as may be consistent with this Code and the State laws.

(D) Meetings. The Cemetery Board shall hold at least one meeting each month or as often in addition thereto as shall be deemed necessary by the members of the Board and shall submit a copy of the minutes of each meeting to the City Commission.

(E) Cemetery Memorial Fund. All monies raised from time to time for the Riverside Cemetery, including but not limited to monies received from the sale of lots, grave openings, and foundation settings shall be paid into the City Treasury. One-third of revenues received from the sale of lots shall be deposited into the Cemetery Memorial Fund to be invested in accordance with applicable laws to provide for the perpetual care of Cemetery lots. The Cemetery Memorial Fund balance shall never be less than the annual operating budget of the Cemetery as audited for the previous fiscal year unless the City Commission shall, by resolution, provide otherwise. Funds on deposit in the Cemetery Memorial Fund, in excess of the minimum balance as above provided, may be appropriated for capital improvements to the Cemetery costing in excess of One Thousand ($1,000.00) Dollars.

(F) Flush Markers Required in Riverside Cemetery. All gravestones, markers and memorials erected on Section Three (3), Block Six (6) to Ten (10) inclusive of Riverside Cemetery shall be flat markers or bronze plaques flush with the ground.

(G) Cemetery Hours. The public may have access to the Riverside Cemetery grounds between sunrise and sunset. Entry and exit from the Cemetery shall be only at established entry and exit points. Any person, other than authorized employees of the City, in the Cemetery at any time not permitted by this Section shall be subject to the penalties as provided in this Code.

2-21 ZONING BOARD OF APPEALS. Provisions relating to the Zoning Board of Appeals are codified in Section 30-35 of Chapter 30 of this Code.

CHAPTER 2 ADMINISTRATION

(2017) 2-11

2-22 CONSTRUCTION BOARD OF APPEALS. Provisions relating to the Construction Board of Appeals are codified in Section 12-2.10A of this Code.

CHAPTER 2 ADMINISTRATION

(2017) 2-12

THIS PAGE INTENTIONALLY LEFT BLANK

CHAPTER 3 - FINANCE AND SPECIAL ASSESSMENTS (Budget Stabilization, Special Assessments and Purchasing Ordinance)

3-1 BUDGET STABILIZATION FUND. 3-1.1 Creation of Fund. A Budget Stabilization Fund, referred to in this Section as "the Fund", is hereby created in accordance with the provisions of Public Act No. 30 of 1978, as amended.

3-1.2 Appropriations to Fund. Each fiscal year the City Commission may appropriate by a resolution adopted by two-thirds (2/3) of its elected and serving members all or part of the surplus in the General Fund resulting from an excess of revenues in comparison to expenses to the Budget Stabilization Fund.

3-1.3 Additional Taxes Prohibited. No additional taxes shall be imposed to produce revenue in excess of that needed for the City's estimated budget in order to provide for money to be appropriated to the Fund.

3-1.4 Limitations on Fund. The amount of money in the Fund shall not exceed either fifteen (15%) percent of the City's most recent General Fund budget, as originally adopted, or fifteen (15%) percent of the average of the City's five (5) most recent General Fund budgets, as amended, whichever is less.

3-1.5 Investment of Fund. The money in the Fund shall be invested as provided by law with the earnings of the Fund to be returned to the General Fund.

3-1.6 Disposition of Excess in Fund. If the money in the Fund exceeds that permitted in Subsection 3-1.4, the excess money shall be appropriated to the City's next General Fund budget, but shall not be appropriated to the Fund.

3-1.7 Purpose of Appropriations from Fund. Money in the Fund may be appropriated by a resolution adopted by two-thirds (2/3) of the members of the City Commission, elected and serving, for the following purposes:

(A) To cover a General Fund deficit when the City's annual audit reveals a deficit.

(B) To prevent a reduction in the level of public services or in the number of employees at any time in a fiscal year when the City's budgeted revenue is not being collected in an amount sufficient to cover budgeted expenses.

(C) To prevent a reduction in the level of public services or in the number of employees when in preparing the budget for the next fiscal year the City's estimated revenue does not appear sufficient to cover estimated expenses.

(D) To cover expenses arising because of natural disaster, including a flood, fire, or tornado; provided however, if Federal or State funds are received by the City to offset the appropriations from the Fund, that money shall be returned to the Fund.

3-1.8 Insufficiency of Revenue for Expenses. In determining whether the City's revenues will be sufficient to cover its expenses, a reduction in the amount of money received for the fiscal year from any source in comparison to the amount of money received for the previous fiscal year, including a reduction in the allocation of State tax money, shall be considered.

3-1.9 Prohibited Appropriations. The money in the Fund shall not be appropriated for the acquisition, construction, or alteration of a facility as part of a general capital improvement program.

3-2 SPECIAL ASSESSMENTS. 3-2.1 Definitions.

Cost, when referring to the cost of any improvement, means and includes the cost of surveys, plans, rights of way, spreading of rolls, notices, advertising, financing and construction and all other costs incident to the making of the improvement, the special assessments and the financing thereof.

Engineer means the City Engineer or the engineer or firm of engineers employed by the City to assist this City with the improvement.

Improvement means any public improvement, any part of the cost of which is to be assessed against one (1) or more lots or parcels of land to be especially benefitted thereby in proportion to the benefit to be derived therefrom.

Owner means any party having a real or beneficial interest in the property being assessed as shown on the last assessment roll for ad valorem tax purposes.

3-2.2 Initiatory Procedure. The City Commission shall have the power to determine by resolution that the whole or any part of the cost and expense of any improvement be defrayed by special assessment upon the property especially benefitted in proportion to the benefits derived or to be derived.

3-2.3 Advisory Petitions. Proceedings for making public improvements may be initiated by resolution of the City Commission or by petition of the owners of the property to be especially benefitted by the improvements and to be assessed in proportion to the benefits derived or to be derived. All public improvements shall be made at the discretion of the city Commission, and no petition shall be mandatory upon the City Commission. All petitions shall be directed to the City Commission; shall indicate the type of improvement proposed; shall sufficiently describe the district to be affected; shall set forth opposite the signature of each person signing the petition the legal description and street address of the property which he or she represents; the interest which the signer owns and the date when

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-2

each person signed the petition; and shall include an affidavit by one or more of the circulators that the signatures appearing are genuine and that each of the signers declares himself or herself to be the owner of the interest in the premises indicated. All petitions shall be filed with the City Clerk, who, if the Clerk finds that the same substantially comply with the requisites of this Subsection, shall transmit the petition to the City Commission at the next regular meeting following receipt of the petition.

3-2.4 Preliminary Plan and Report. Before determining to make any improvement, any part of the cost of which is to be defrayed by special assessment the City Commission shall require:

(A) The Engineer to prepare, or cause to be prepared, plans and specifications and an estimate of the costs for the proposed improvement and to file the same with the City Manager;

(B) The City Treasurer to file a written report with the City Manager listing the tax delinquencies in the proposed district and the present assessed valuation of the property in the district.

(C) The City Manager to make a written report to the City Commission to which the Engineer's plans and cost estimate and the City Treasurer's report shall be attached, with the City Manager's recommendations as to the necessity, feasibility and desirability of the proposed improvement, and if the same is recommended, what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which special assessments may be paid, the land which should be included in the special assessment district and any other facts and recommendations which will be of aid to the City Commission in determining whether the improvement shall be made, and how it will be financed.

3-2.5 Notice of Hearing. After the reports and information required by Subsection 3-2.4 have been filed, a public hearing shall be held before the City Commission not less than ten (10) days after notice of the date, time and place of the hearing has been published and sent by the City Clerk by first class mail to all property owners in the proposed special assessment district as shown by the current assessment roll of the City.

3-2.6 Hearing on Public Improvement. On the date and at the time and place specified in the notice of the public hearing, the City Commission shall meet and hear any person to be affected by the proposed public improvement. The hearing may be adjourned from time to time by the City Commission.

3-2.7 Resolution Determining Necessity. After completion of the public hearing, the City Commission may by resolution by the affirmative vote of not less than four (4) of its members determine that the improvement is a necessary public improvement; that the improvement be made; and to defray the whole or any part of the cost by special assessment upon the property especially benefitted in proportion to the benefit derived or to be derived. By its resolution, the City Commission shall approve the plans and specifications for the improvement; determine the estimated costs; determine the proportion of the costs to be paid by special assessment upon the property especially benefitted, and the part, if any, which is to be a general obligation of the City; determine the number of annual installments, not to exceed ten (10) in number, in which assessments may be paid; determine the annual rate of interest to be charged; designate the district or land and premises upon which special assessments shall be levied; and direct the City Assessor to prepare a special assessment roll in accordance with the City Commission's determination.

3-2.8 Preparation of Special Assessment Roll. The City Assessor upon the receipt of the directive from the City Commission to prepare a special assessment roll of lands and premises benefitted by the improvement shall prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the City Commission and shall assess to each lot or parcel of land the relative portion of the whole sum to be levied against all the lands in the special assessment district as the benefit to each lot or parcel of land bears to the total benefits to all lands in the district. The City Assessor shall also enter upon the roll the amount, if any, which has been assessed against the City at large.

3-2.9 Assessor's Certificate; Filing Roll with City Clerk. When the City Assessor has completed the assessment roll, his or her certificate to the effect that the special assessment roll has been prepared pursuant to a resolution of the City Commission (giving date of adoption of the resolution) and that in making the assessments the City Assessor has, as near as may be and according to the Assessor's best judgment, conformed in all respects to the directions contained in the City Commission's resolution; and to the City Charter and the provisions of this Section. The Assessor shall file the special assessment roll with the Clerk who shall present the special assessment roll to the City Commission.

3-2.10 Notice of Hearing on Roll. Upon receipt of the special assessment roll, the City Commission shall order it to be filed in the Office of the City Clerk for public examination and shall fix the time and place when the City Commission will meet and review the roll. The meeting shall be not less than ten (10) nor more than sixty (60) days after notice of the date, time and place of such hearing has been published and sent by the City Clerk by first class mail to all property owners in the proposed assessment district as shown by the current tax roll of the City.

3-2.11 Hearing on Special Assessment Roll. (A) Any person aggrieved by the special assessment roll may file his or her objections in writing with the City

Clerk prior to the close of the hearing on the special assessment roll. Written objections shall state the specific reasons for the objection.

(B) The City Commission shall meet and review the special assessment roll on the date and at the time and place stated in the notice of hearing, or at any adjourned date, and shall consider all written objections. The City Commission may correct the roll as to any assessments or description of any lot or parcel of land, or other errors appearing on the assessment roll. Any changes made in the roll shall be made a matter of record in the minutes of the City Commission. After the hearing and review, the City Commission may

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-3

confirm the special assessment roll with the corrections it may have made, or may refer it back to the City Assessor for revision or may annul it and any proceedings in connection with it. The City Clerk shall endorse the date of confirmation upon a special assessment roll.

(C) The special assessment roll shall, upon confirmation, be final and conclusive.

3-2.12 Lien Established. Upon the confirmation of each special assessment roll, the special assessment, including any part deferred as to payment, shall become a debt to the City from the persons to whom they are assessed and shall, until paid, be a lien upon the respective lots or parcels of land assessed for the amount of the assessment and all interest and charges. The lien shall be of the same character and effect as created by the City Charter for City taxes. No judgment nor any act of the City Commission vacating a special assessment shall destroy or impair the lien of the City upon the premises assessed for the amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed.

3-2.13 When Due. Special assessments shall be due upon confirmation of the special assessment roll and if in annual installments, the first installment shall be due on December 1st following the confirmation of the special assessment roll, and subsequent installments shall be due on December 1st of succeeding years.

3-2.14 Notice of Assessment. Immediately after the confirmation of the special assessment roll, the roll shall be transmitted by the City Clerk to the City Treasurer who shall notify by first class mail each property owner on the roll that the special assessment roll has been filed, stating the amount assessed, the time within which the assessment on the initial installment may be paid without interest and, when the special assessment is payable in installments, the date from which interest is to be charged on future installments.

3-2.15 Spreading of Tax Roll; Advance Payments. Interest on all deferred special assessment installments shall bear interest at the rate set and from and after the date established by the City Commission in its resolution. When each deferred installment is spread upon the roll, the amount so spread shall include the interest which shall have accrued. Advance payment of any installment may be made with interest only until the date of payment.

3-2.16 Collection. Special assessments or installments shall be collected, at the time the City Commission by its resolution shall designate, in all respects as are City taxes. On the 15th of February following the date the assessment or installment is due, the City Treasurer shall add to all special assessments or installments not then collected twelve (12%) percent of the amount thereof, and all such special assessments or installments remaining uncollected by the following March 1st shall be returned to the County Treasurer with unpaid taxes as provided by law.

3-2.17 Procedure after Completion of Improvement. (A) Upon completion of the improvement and payment of all costs, the City Manager shall certify to the City

Commission the total cost of the improvement together with the amount of the original roll.

(B) Where any special assessment roll including the amount assessed to the City at large proves insufficient to pay for the improvement for which it was levied and the expenses incident thereon, the City Commission may make additional assessments, in the same ratio as the original assessments, to supply the deficiency, provided that the additional pro-rated assessment shall not exceed twenty-five (25%) percent of the assessment as originally confirmed unless a meeting of the City Commission be held to review the additional assessment, for which meeting notices shall be mailed as provided in the case of review of the original assessment roll, and provided, further, that the total amount assessed against any lot or parcel of land shall not exceed the value of the benefits received from the improvement.

(C) Where any special assessments collected prove to be greater than the actual cost of the improvement and expenses incidental thereto, the excess may be placed in the general fund of the City provided the excess is five (5%) percent or less of the assessment. Should the assessment prove larger than necessary by more than five (5%) percent, the excess of such five (5%) percent shall be refunded on a prorated basis to the owners of or parties in interest in the property assessed as shown by the current assessment roll of the City. The refund shall be made by credit against future unpaid installments to the extent installments then exist and the balance of the refund shall be in cash. No refunds may be made which contravene the provisions and terms of any outstanding indebtedness secured in whole or in part by the special assessment.

3-2.18 Invalid Special Assessment. (A) Whenever any special assessment shall, in the opinion of the City Commission, be invalid by reason of

irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the City Commission shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.

(B) All proceedings on the assessment and for its collection shall be conducted in the same manner as provided in this Section for the establishment of original assessment and its collection.

(C) Whenever any sum or part thereof levied upon any property under the invalid or illegal assessment which has been set aside has been paid and not refunded, the payments so made shall be applied upon the reassessment, or if the payments exceed the amount of the reassessment, refunds of the excess shall be made as provided by this Section.

3-2.19 Collection by Suit. In addition to any other remedies and without impairing the lien, any delinquent special assessment, together with interest and penalties, may be collected by a civil action in the name of the City against the person assessed, in any court having jurisdiction of the amount. If in the civil action it shall appear that by reason of

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-4

any irregularities or informalities the assessment has not been properly made, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the City which is a proper charge against the person or the premises in question, render judgment for the amount properly chargeable against the person or upon the premises.

3-2.20 Notice of Intent to Contest. No suit or action of any kind shall be instituted or maintained for the purpose of contesting or restraining the collection of any special assessment unless:

(A) Within thirty (30) days after confirmation of the special assessment roll written notice is given to the City Commission of intention to file suit or action stating clearly and concisely the grounds on which it is claimed the assessment is illegal; and

(B) The suit or action is commenced within sixty (60) days after confirmation of the assessment roll.

3-2.21 Restrictions on Establishment of Special Assessment Districts. (A) No special assessment district or districts shall be created by the City Commission for any single public

improvement which includes property having an area in excess of twenty-five (25%) percent of the total area of the City.

(B) No public improvement project shall be divided geographically for the purpose of circumventing the in excess of twenty-five (25%) percent of total area restriction.

3-2.22 Special Account. Except as otherwise provided in the City Charter or this Chapter, monies raised by special assessment for any public improvement shall be credited to a special account and shall be used to pay the cost of the improvement for which the assessment was levied and expenses incidental thereto or to repay any money borrowed therefor.

3-2.23 Notices Regarding Special Assessments.

(A) Failure to mail a notice required to be sent by this Chapter shall not invalidate any special assessment or special assessment roll nor entitle any owner of property in the special assessment district to an extension of time within which to pay any assessment or installment thereof

(B) The requirements contained in this Chapter for the publishing or publication of notices shall be met if they are in conformity with the statutory provisions for notice in special assessment proceedings.

3-3 PURCHASE, CONTRACTS AND SALES. This Section shall be known and may be cited as the Purchasing Ordinance.

3-3.1 Purchasing Agent. The Finance Director or the Director's designee shall act as Purchasing Agent of the City.

3-3.2 Approval by Purchasing Agent. All purchases in excess of fifty ($50) Dollars shall be approved by the Purchasing Agent. The Purchasing Agent shall not approve a purchase unless:

(A) An appropriation covering the purchase has been approved by the City Commission;

(B) A sufficient unencumbered balance remains in the appropriation; and

(C) Sufficient funds

3-3.3 Purchases or Contracts Over Two Thousand, Five Hundred ($2,500) Dol lars . All contracts and purchases involving between Two Thousand, F i ve Hund red ($2 ,500) Dollars and Ten Thousand ($10,000) Dollars shall be at a competitive price based on at least three (3) quotes. Contracts or purchases in excess of Ten Thousand ($10,000) Dollars shall be approved by the City Commission. If the amount of the purchase or contract is more than Ten Thousand ($10,000) Dollars, the City Commission may not approve the purchase or contract without receiving sealed bids unless determined that it is in the public interest to do so. Sealed bids for professional services may also be waived by the City Commission when it is determined that it is in the public interest to do so. When sealed bids are required, the purchasing procedure shall be as follows:

(A) The invitation to bid will be advertised once in an official newspaper prescribing the amount of any security to be deposited and stating other information necessary to permit bids to be made;

(B) Bids shall be opened in public by the Purchasing Committee, consisting of the Purchasing Agent, the City Clerk and the department head most closely concerned with the purchase. After examination, the bids shall be reported to the City Commission, along with the recommendation of the City Manager. If desired, the Commission may direct that bids be opened at a City Commission meeting. In either case, the City Commission shall reserve the right to reject any and all bids submitted, and this right of rejection shall be included with any notice or request for bids.

3-3.4 Public Improvements Over Two Thousand Five Hundred ($2,500) Dollars. No public improvement project costing more than Two Thousand Five Hundred ($2,500) Dollars shall be contracted for or commenced until the project has been specifically approved by the City Commission.

3-3.5 Contract Approval. All contracts must be approved by the City Attorney for form and the City Manager for administration and signed by the Mayor and City Clerk. All checks shall be signed by the City Treasurer and City Clerk.

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-5

3-3.6 Rules and Regulations. The Finance Director, at the direction of the City Manager, shall make reasonable rules and regulations for the implementation of the provisions of this Chapter as deemed appropriate in the best interests of the City. Rules and Regulations shall be effective upon approval by the City Commission.

3-3.7 Authorized Expenditures by City Manager. The City Manager shall have the authority to make purchases of supplies, equipment and materials and other things requisite for public purposes for the City and to make necessary contracts for work or labor to be done, or materials or other necessary things to be furnished for the benefit of the City where the amount of the expenditure does not exceed the sum of Ten Thousand ($10,000.00) Dollars. The City Commission may authorize the City Manager, during the annual budget process conducted pursuant to Chapter 8 of the City Charter, to make specific purchases in excess of Ten Thousand ($10,000.00) Dollars without further authorization or approval from the City Commission..

3-4 SOLID WASTE MANAGEMENT FUND 3-4.1 Definition. For the purpose of this Section, Solid Waste shall include, but not limited to, paper, cardboard, yard clippings, leaves, wood, branches and brush, glass, plastic and metal and other forms of putrescible and nonputrescible solid waste.

3-4.2 Act 298 Tax. For each fiscal year, the City may assess a tax not to exceed one (1) mill of the assessed evaluation as finally equalized of all real and personal property in the City for the purpose of paying the anticipated cost of collection and disposal of solid waste as authorized by Michigan Public Act 298 of 1917, as amended.

3-4.3 Resolution to Establish Levy. Each fiscal year, not later than the date by which the annual budget for the City is to be adopted, the City Commission shall by Resolution establish the tax rate for the purpose of raising sufficient revenues with which to pay for the anticipated costs of collecting and disposing of solid waste.

3-4.4 Solid Waste Collection and Disposal Tax. The tax described in this Section shall be known as the “Solid Waste Collection and Disposal Tax” and shall be in addition to the amount authorized to be levied for other general purposes allowed by law and the City Charter. The tax shall be used to establish, operate, maintain and provide a municipal solid waste collection and disposal system and for such purposes to enter into contracts, to acquire, purchase, construct, own, maintain, administer, regulate and/or operate disposal grounds, including equipment, facilities, and properties, real or personal, used or useful in connection with the collection and disposal of solid waste.

3-4.5 Solid Waste Management Fund. The revenues derived from the collection of the annual “Solid Waste Collection and Disposal Tax” and other revenues, if any, collected for solid waste collection and disposal shall be deposited in a special fund to be designated the “Solid Waste Management Fund.” The costs of collection and disposal of solid waste and other expenses related to the operation of the Solid Waste Collection and Disposal System shall be paid from the revenues deposited in the Solid Waste Management Fund.

3-5 TAX EXEMPTION FOR LOW INCOME HOUSING PROJECTS. 3-5.1 Definitions. Authority means the Michigan State Housing Development Authority.

Act means the State Housing Development Authority Act, being Public Act 346 of 1966 of the State of Michigan, as amended.

Annual Shelter Rents means the total collections during an agreed annual period from all occupants of a housing development representing rent or occupancy charges, exclusive of charges for gas, electricity, heat or other utilities furnished to the occupants.

Contract Rents means such rents as defined by the U.S. Department of Housing and Urban Development in regulations promulgated pursuant to the U.S. Housing Act of 1937, as amended.

Housing Development means a development which contains a significant element of housing for persons of low income and such elements of other housing, commercial, recreational, industrial, communal, and educational facilities as the Authority determines improve the quality of the development as it relates to housing for persons of low income.

LIHTC means those low income housing tax credits allocated by the Authority pursuant to Section 42.

Low Income Persons as used in this Section shall have the same meanings as found in Section 15(a)(7) of the Act.

Mortgage Loan means a loan to be made by the Authority to the Sponsor for the construction and/or permanent financing of the Housing Development.

Utilities means the water and sanitary sewer service, which are paid by the Sponsor.

Section 42 means Section 42 of the Internal Revenue Code of 1986, as amended.

Sponsor means the owner of a Housing Development.

3-5.2 TAX EXEMPTION. The class of Housing Development and the property on which it is constructed which shall be exempt from all ad valorem property taxes and for which a service charge shall be paid in lieu of such taxes shall be Housing Developments which have received a LIHTC allocation from the Authority pursuant to Section 42 and with regard to which the Sponsor and the City have entered into an agreement pursuant to Section 3.6.6 hereof. This Housing Development and the property on which it will be constructed shall be exempt from all property taxes commencing with the first January 1st following (i) the commencement of construction or (ii) compliance by the

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-6

Sponsor with all requirements imposed upon the owner by Subsection (1) of Section 15a of the Act, whichever is later.

3-5.3 SERVICE CHARGE IN LIEU OF TAXES. The annual service charge for public services in lieu of all ad valorem property taxes on the Housing Development shall not exceed an amount equal to ten (10%) percent of the annual Shelter Rents actually collected for as long as the Housing Development remains subject to the income and rent restrictions pursuant to Section 42, which shall not exceed thirty-five (35) years. In no event shall the service charge exceed the ad valorem real property taxes which would be paid if the Housing Development were not exempt.

3-5.4 FULL PAYMENT OF TAXES. Notwithstanding Section 3-5.3, the payment to be paid each year in lieu of taxes for the part of the Housing Development which is tax exempt and which is occupied by other than low income persons shall be equal to the full amount of the ad valorem property taxes which would be paid on the portion of the Housing Development if the Housing Development were not tax exempt.

3-5.5 PAYMENT. The payment in lieu of taxes as determined under this Section shall be payable in the same manner as general property taxes are payable to the City and shall be collected on the same date or dates which other property taxes within the City are collected.

3-5.6 CONTRACT BETWEEN CITY AND SPONSOR. Any Sponsor who desires to erect, own and operate a Housing Development pursuant to the provisions of this Section and the Act shall make application to the City Commission for a tax exemption pursuant to the terms and conditions of this Section and the Act. Upon approval of the application, the City and the Sponsor shall enter into a written contract to provide for the tax exemption and by which the City would agree to accept payments in lieu of taxes in accordance with this Section and the Act.

3-6 TAX EXEMPTION FOR LOW AND MODERATE INCOME HOUSING PROJECTS. 3-6.1 Definitions. Authority means the Michigan State Housing Development Authority.

Act means the State Housing Development Authority Act, being Public Act 346 of 1966 of the State of Michigan, as amended.

Annual Shelter Rents means the total collections during an agreed annual period from all occupants of a housing development representing rent or occupancy charges, exclusive of charges for gas, electricity, heat or other utilities furnished to the occupants.

Housing Development means a development which contains a significant element of housing for persons of low income and such elements of other housing, commercial, recreational, industrial, communal, and educational facilities as the Authority determines improve the quality of the development as it relates to housing for persons of low income.

LIHTC means those low income housing tax credits allocated by the Authority pursuant to Section 42.

Low Income Persons as used in this Section shall have the same meanings as found in Section 15(a)(7) of the Act.

Section 42 means Section 42 of the Internal Revenue Code of 1986, as amended.

Sponsor means the owner of a Housing Development.

Utilities means the water and sanitary sewer service, which are paid by the Sponsor.

3-6.2 TAX EXEMPTION. The class of Housing Development and the property on which it is constructed which shall be exempt from all ad valorem property taxes and for which a service charge shall be paid in lieu of such taxes shall be Housing Developments which have received a LIHTC allocation from the Authority pursuant to Section 42 and with regard to which the Sponsor and the City have entered into an agreement pursuant to Section 3.6.6 hereof. This Housing Development and the property on which it will be constructed shall be exempt from all property taxes commencing with the first January 1st following (i) the commencement of construction or (ii) compliance by the Sponsor with all requirements imposed upon the owner by Subsection (1) of Section 15a of the Act, whichever is later.

3-6.3 SERVICE CHARGE IN LIEU OF TAXES. The annual service charge for public services in lieu of all ad valorem property taxes on the Housing Development shall not exceed an amount equal to the taxes that would be paid but for the Act and this Section 3.6 so long as the Housing Development remains subject to the income and rent restrictions pursuant to Section 42, which shall not exceed thirty-five (35) years. In no event shall the service charge exceed the ad valorem real property taxes which would be paid if the Housing Development were not exempt.

3-6.4 FULL PAYMENT OF TAXES. Notwithstanding Section 3-6.3, the payment to be paid each year in lieu of taxes for the part of the Housing Development which is tax exempt and which is occupied by other than low income persons shall be equal to the full amount of the ad valorem property taxes which would otherwise be payable for those units of the Housing Development so occupied.

3-6.5 PAYMENT. The payment in lieu of taxes as determined under this Section shall be payable in the same manner as general property taxes are payable to the City and shall be collected on the same date or dates which other property taxes within the City are collected.

3-6.6 CONTRACT BETWEEN CITY AND SPONSOR. Any Sponsor who desires to erect, own and operate a Housing Development pursuant to the provisions of this Section and the Act shall make application to the City Commission for a tax exemption pursuant to the terms and conditions of this Section and the Act. Upon approval of

CHAPTER 3 FINANCE AND SPECIAL ASSESSMENTS

(2017) 3-7

the application, the City and the Sponsor shall enter into a written contract to provide for the tax exemption and by which the City would agree to accept payments in lieu of taxes in accordance with this Section and the Act.

THIS PAGE INTENTIONALLY LEFT BLANK

(2017)

CHAPTER 4 - POLICE REGULATIONS

4-1 DEFINITIONS (As used in this Chapter): Animal Control Officer means the person designated by the City Manager as Animal Control Officer of the City, and who is authorized to issue municipal civil infraction citations (directing alleged violators to appear in Court) or municipal civil infraction notices (directing alleged violators to appear at the City Municipal Ordinance Violations Bureau) as provided by this Code.

Business Parking Lot means any parking lot, adjacent to or in the immediate vicinity of any store, restaurant, gasoline station, public or private office building, commercial building, industrial facility or any other facility which provides free parking during normal business or operating hours for the use and convenience of employees, customers, patrons, guests, and invitees.

Building Material means any material useful in the construction of buildings or other structures and includes but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete and cement.

Control means the authority to regulate, direct, superintend or govern, or the authority to exercise restraining or dominating influence over, including possessory right over property.

Controlled Substance means as defined in the Controlled Substance Act of the State of Michigan, MCL 333.7101 et seq., as amended.

Criminal Act means an act which violates any law of the United States, the State of Michigan or this Code, and shall include a traffic violation.

Delinquent Act means an act which violates the laws of the United States, or the laws of the State of Michigan, or the City Code, or an act which would cause a minor to come under the jurisdiction of the Juvenile Division of the Probate Court as defined by Section 7.12A.2 of Michigan Compiled Laws; or an act by which a minor intentionally causes physical harm to another or deliberately creates an unreasonable risk of physical harm to himself or herself or to others. A "delinquent act" does not include a civil infraction traffic violation.

Drug means any controlled substance as defined now or hereafter by the Public Health Code for the State of Michigan.

Emergency Response means: (A) The providing, sending and/or utilizing City services, including police, firefighting, and rescue services at an

accident involving one or more motor vehicles where one or more of the drivers of the vehicles were operating a motor vehicle while under the influence of an alcoholic beverage or controlled substance or the combined influence of an alcoholic beverage and controlled substance; or

(B) A stop and arrest by a police officer of a person who was operating a motor vehicle while under the influence of an alcoholic beverage or controlled substance.

Enforcement Agencies means the Fire Department and Police Department, and also as it relates to enforcement of Sections 4-8, 4-9, 4-10 and 4-11 shall include the City Code Enforcement Officer and Building Officer or Building Official. Each member of these departments is designated as an authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction notices (directing alleged violators to appear at the City Municipal Ordinance Violations Bureau) as provided by this Code.

Expenses of an Emergency Response means the direct and reasonable costs incurred by the City in providing an appropriate emergency response to the incident, including the costs of providing police, firefighting and rescue services at the scene of the emergency response. These costs may include the salaries or wages of the responding personnel and the costs connected with providing equipment and administering breathalyzer or intoximeter test.

Firearm means any dangerous weapon or instrument made for the purpose of projecting or throwing missiles of any kind by any means whatsoever which may endanger persons or property, including but not limited to, all types of firearms, air guns, B-B guns, gas operated guns, toy guns, spring guns, bow and arrows, or sling shots.

Habitual Offender means one who commits two (2) or more criminal acts, or including four (4) or more moving traffic violations, within a twelve (12) month period.

Individual Parking Space means a portion of the paved surface of the street or City owned parking lot of sufficient length and depth to accommodate a vehicle to be parked as shall be specified and marked off by the City.

Infrequently Operated Vehicle means any vehicle which is capable of performing the function for which it was manufactured, but is used seasonally, periodically, or intermittently, rather than on a regular basis. Examples include, but are not limited to, recreational vehicles, or seasonally used vehicles.

Inoperable Vehicle means any vehicle which is incapable of readily performing the function for which it was manufactured, whether due to damage, missing or malfunctioning parts, equipment or systems, or other reasons. Examples include, but are not limited to, race cars, junk or scrap vehicles.

Junk means without limitation, any part or parts of machinery or vehicles, broken and used furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast-off material of any kind, whether or not the same could be put to any reasonable use.

Library means the City Public Library.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-2

Library card means a card or plate issued by the Library for the purpose of identifying the person to whom the library card was issued as authorized to borrow library materials, subject to all limitations and conditions imposed on such borrowing by the Library Board.

Library material means book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual material, magnetic or other tape, electronic data proceeding record, artifact, phonograph record, and other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, or on loan to or otherwise in the custody of the librarian or Library Board of the Library.

Minor means an unemancipated person under seventeen (17) years of age.

Not under reasonable control means a dog which is not upon the premises of its owner; not with and under the control of its owner, keeper, owner's agent or some member of the owner's family; or when a dog commits damage to the person or property of anyone other than its owner except when in the defense of its owner, his or her family or property.

Open View means readily visible to a passerby from a vantage point normally used by the general public such as a street or sidewalk. Objects and vehicles that are kept in a garage or outbuilding, or screened from public view by an opaque fence or covered by a form fitting cover are not in "open view". A form fitting cover for a vehicle must be of an earth-tone color(s), water resistant and in good condition. No cloth dust cover will be allowed. Cover must fit tightly around front and rear bumper, and reach to bottom of vehicle doors. Covers that hang loose so as to blow in the wind or touch the ground are considered too big, unless they are pulled tight by a rope.

Operator means and includes every individual who shall operate a vehicle as the owner thereof, or as the agent, employee, or permittee of the owner.

Own means to have a right of property in a dog; to keep or harbor a dog; to have a dog in one's care of possession; or to permit a dog to remain upon or about the premises of a person for a period of five (5) days or more.

Owner means any person who possesses or has any legal or equitable interest in a property. Owner also means any person who has or exercises control, custody or dominion over any property. Owner also means a person, who owns or is in possession of private property where a party, gathering, event or regulated activity takes place, or the person in charge of the private premises, or the person who organized the event or allowed the regulated activity to occur. If the owner is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services.

Parent means the mother, father, guardian, and any other person having the care or custody of a minor, or a person seventeen (17) years of age or older with whom the minor resides.

Parental Neglect means any parent of a minor child who shall, by any act, or by any word, or by failure to act, or by lack of supervision and control over the minor child, encourage, contribute toward, cause or tend to cause the minor child to commit any criminal act, or to become neglected or delinquent so as to come or tend to come under the Juvenile Division of the Probate Court, whether or not the child shall, in fact, be adjudicated a ward of the Probate Court, shall be guilty of parental neglect, a violation of this Code.

Parking means the standing of a vehicle upon a street for a period of time in excess of two (2) minutes, whether such vehicle is occupied or not, and whether or not the vehicle is accompanied by an operator.

Parking Meter means a device(s) which shall indicate thereon the length of time during which a vehicle may be parked at a particular place, which shall have as a part a receptacle or chamber for receiving mechanism to indicate the passage of the interval of time during which parking is permissible, and which shall also display an appropriate signal when the period of time shall have elapsed; also, brief instructions as to its operation.

Parking Violation means the standing of a vehicle upon a street or City owned parking lot for a period of time in excess of the posted time limit, whether such vehicles is occupied or not, and whether or not such vehicle be accompanied by an operator.

Party, Gathering or Event means an event involving a group of persons who have assembled or are assembling on public or private premises for a social occasion, party, social activity, or outdoor assembly.

Police Services Fee means the cost to the City of any special security assignment, including, but not limited to, salaries of police officers while responding to or remaining at the party, gathering, event, or regulated activity, the pro rata cost of equipment, the cost of repairing City equipment and property, the cost of any medical treatment of injured police officers, and the cost of reasonable attorney fees.

Private Premises means any real property not owned by the United States or State of Michigan or any subdivision thereof and includes any portion of a street or alley right-of-way immediately adjoining a private premises.

Property means any land, structure, house, building, premises, vehicle or any part thereof.

Public nuisance means whatever annoys, injures, or endangers the safety, health, comfort, or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life of property is hereby declared to be a public nuisance. Public nuisance also means and includes, but is limited to whatever is forbidden by any provision of this Chapter.

Public place means any street, alley, park, public building, or any place of business, grounds, parking lot, area or assembly in the City which is open to or frequented by the public.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-3

Public view means within the plain view of persons who are in or upon any public place.

Reasonable control means a dog is on the premises of its owner or when such dog, not being on the premises of its owner, is with and under the control of its owner, keeper, the owner's agent or some member of the owner's family.

Regulated Activity means any act or activity in violation of this Chapter.

Remove means to physically take away or physical relocation to an authorized location.

Special Security Assignment means the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering, event or regulated activity after the delivery of a written notice to the owner that a fee may be imposed for costs incurred by the City for any subsequent police response.

Trash means and includes:

(A) All organic refuse and rejected food wastes (garbage);

(B) The residue left from burning of paper, leaves, woods, wood and coal (ashes);

(C) All types of food containers and wrappings, including cans, bottles, jars, broken glass, crockery, paper and wood boxes, and metal objects (kitchen garbage);

(D) All types of household materials commonly discarded, such as newspapers, magazines, books, wrappings, cartons, boxes, crates, excelsior, rags, clothing, bedding, floor covering, wallpaper, leather objects and sweepings (household rubbish);

(E) All disposable materials which grow on the property such as grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs, branches from trees and bushes, and roots and stumps (yard rubbish).

Vehicle means any devise in, upon or by which any person or property is or may be transported, including but not limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies, and other off road vehicles.

4-2 DISORDERLY CONDUCT. The doing of any act prohibited by this Chapter shall constitute disorderly conduct and shall be a violation of this Code. Any person who engages in or does any of the acts so prohibited shall be deemed to be a disorderly person.

4-2.1 Acts Prohibited. No person shall:

(A) Violate any State law.

(B) Be intoxicated in a public place and endanger directly the safety of another person or of property or act in a manner that causes a public disturbance; or be under the manner that causes a public disturbance; or be under the influence of a "controlled substance".

(C) Engage in any indecent, insulting, immoral, or obscene conduct in or on any public place or within the public view.

(D) Assault any person in a public place.

(E) Fire, discharge, display, or possess any fireworks except those which are permitted by State law and the provisions of this Code.

(F) Throw any object at any vehicle which is traveling, parked or standing in any public place.

(G) Prowl about any public place or upon any property which is not his or her own without the knowledge and consent of the owner of the property.

(H) Do or engage in window peeping.

(I) Begin any public place.

(J) Swim or bathe in the nude in any public place.

(K) Utter vile, vulgar, or obscene language in any public place.

(L) Engage in fortune telling or pretend to tell fortunes for hire, gain, reward or profit.

(M) Make any immoral exhibition or indecent exposure of his or her person in or on any public place or within the public view.

(N) Publish, sell, offer for sale, give away, exhibit or possess for such purpose any obscene, indecent, or immoral book, pamphlet, paper, picture, statuary, image, or representation.

(O) Willfully destroy, damage, or in any manner deface any property not his or her own; or any public school building or part, equipment, or furnishings thereof or therein or any public or private building or part, equipment, or furnishings thereof or therein, or any bridge, fire hydrant, alarm box, street light, street sign, parking meter, or shade tree belonging to the City or located in the public places of the City; or mark or post handbills on or in any manner mark the walls of any public building, or fence, tree, or pole within the City; or destroy, take or meddle with any property belonging to the City or remove the same from the building or place where it may be kept, placed, or stored, without authority from the City Commission or authorized custodian of the property.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-4

(P) Insult, accost, molest, or otherwise annoy any person in any public place, either by word of mouth, sign, or motion.

(Q) Engage in any disturbance, fight, or quarrel in a public place.

(R) Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds in any public place for illegal or mischievous purposes.

(S) Jostle or roughly crowd persons in any public place.

(T) Loiter on any street or sidewalk or in any park or public building or conduct himself or herself in any public place as to obstruct the free and uninterrupted passage of the public.

(U) Permit any child under the age of ten (10) years to remain unattended in any house, room, structure, or automobile while the person who should be attending to the child is present at, or loitering in or about any dance hall, poolroom, bowling alley, or any place where beer, wine, spirits are sold and consumed on the premises.

(V) Attend, frequent, operate, or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor, or any other illegal or immoral business or occupation is permitted or conducted.

(W) Solicit or accost any person for the purpose of inducing the commission of any illegal, indecent, immoral, or depraved act.

(X) Knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, allowed, or any illegal, indecent, immoral or depraved act practiced, encouraged or allowed.

(Y) Keep or maintain a gaming room, gaming tables, or any policy or pool tickets, used for gaming, or knowingly suffer a gaming room, gaming tables, or any policy or pool tickets to be kept, maintained, played, or sold on any premises occupied or controlled by him or her.

(Z) Disturb the public peace and quiet by loud, boisterous or vulgar conduct.

(AA) Permit or suffer any place occupied or controlled by him or her to be a resort of noisy, boisterous, or disorderly persons.

(BB) Obstruct, resist, hinder, or oppose any member of the police force, or any peace officer in the discharge of his or her duties.

(CC) Be a vagrant.

(DD) Enter any enclosed or unenclosed flower garden, or orchard or vegetable garden without the knowledge and consent of the owner, or tenants, or his or her agent, and there cut down, injure, damage, destroy, eat or carry away any portion of their garden, including any growing thing, crop, tree, timber, grass, seed, soil, fertilizer, water supply, tool, implement, fence or any other protective device or any other thing useful for the development, cultivation, maintenance and use of any such garden or orchard.

(EE) Spit on the floor or seat of any public carrier, or on any floor, wall, seat, or equipment of any place of public assemblage.

(FF) Make or incite any disturbance or contention in any tavern, restaurant, store, grocery, drive-in business, manufacturing establishment, or any other business place, or any street, lane, alley, highway, public building, grounds, or park, or at any election or other public meeting where citizens are peaceable and lawfully assembled.

(GG) Throw, dump, spill, place, or deposit tin cans, bottles, ashes, gravel, paper, rubbish, or garbage, or cause the same to be done, in any street or public place or on the shore of or in any stream pond, or lake.

(HH) Burn or collect leaves, rubbish, paper, pasteboard, boxes, store sweepings, ships, or dry goods, or boxes in any street for the purpose of burning the same unless he or she first obtains permission from the Fire Chief. The permission granted for the building of fires on the public streets shall not, in any way, operate to relieve or discharge any person or persons from liability to action or damages or any other kind which may occur and be brought against him or her on account of negligence or evil intent.

(II) Register at any hotel, rooming house, motel, trailer, camp, tourist home, or other place offering overnight accommodations to the public under an assumed name or as the wife or husband of any person to whom he or she is not legally married.

(JJ) Play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups for any purpose.

(KK) Summon, as a joke or prank or otherwise without any good reason, by telephone or otherwise, the Police or Fire Department or any public or private ambulance to go to any address where the service called for is not needed.

(LL) Take or steal any money, goods, chattels, or other things of value belonging to another, having a value of One Hundred ($100) Dollars or less.

(MM) Take, trap, hunt, shoot, kill, molest, or attempt to take, trap, hunt, shoot, kill or molest any animal or bird on land owned by the City without the written permission of the City Manager.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-5

4-3 PROPERTY WHERE CONTROLLED SUBSTANCES FOUND / PUBLIC NUISANCE 4-3.1 Declaration of Public Nuisance. Whenever the use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia repeatedly occurs on any property, the City Commission may declare by resolution that the property is a public nuisance and order that nuisance be abated as provided in this Section. Such a declaration may occur only after there has been notice given to the owner of the property and the owner has had an opportunity to be heard.

Notice of the public hearing shall be made to the owner and shall consist of personal service or the mailing of a certified letter to the owner as indicated by the City Assessor's records and the records of the Register of Deeds of St. Joseph County. The notice shall state the nature of the alleged nuisance and the time, date and location of the hearing. If the notice is served by certified mail, it shall be delivered with a return receipt requested according to the practices of the Post Office. Receipt of the return receipt card by the City indicating the owner's having received such notice shall be deemed notice to the owner. Notice to the owner shall occur at least seven calendar days prior to the date of the public hearing.

4-3.2 Abatement for Nuisance and Costs. If the City Commission determines that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the City at law or in equity order abatement of the nuisance as follows:

(A) Order the property vacated and declare that occupancy of all or a portion of the property is prohibited and authorize the Police Department to prohibit the occupancy of the property by either padlocking all or a portion of the property or boarding all or a portion of the property up, whichever is appropriate, for a period of up to one (1) year as the City Commission shall determine based upon the evidence; and/or

(B) Determine that the owner shall be liable for the full cost of any materials and personnel (including members of the Police Department and any other City employees or contractors) involved in the padlocking or boarding of the property in the first instance and the full cost of any personnel and materials in any subsequent board-up or padlocking of the property; and/or

(C) Determine that the costs set out herein shall be a personal debt of the owner and/or assess those costs against the property as a lien as provided for in the City Charter.

4-3.3 Presumption of Public Nuisance. It shall be presumed that a public nuisance exists if the following conditions are met:

(A) The property has been searched by an authorized law enforcement officer(s) and controlled substances or drug paraphernalia have been found; and

(B) A letter, informing the owner that controlled substances and/or drug paraphernalia has been found at the property, and of the potential consequences if a similar activity occurs at the property, has been:

(1) Personally served on the owner; or

(2) Sent by certified mail to the owner of record, as indicated in the City Assessor's records and the records of the St. Joseph County Register of Deeds, and a return receipt card had been received by the City; and

(C) The same property is searched by authorized law enforcement officer(s) again within one (1) year from the date of the first search and controlled substances or drug paraphernalia are found.

4-3.4 Appeal. An owner aggrieved by any final determination by the City Commission pursuant to this Section may appeal the determination to the Circuit Court within ten (10) days from the date of the determination. The Circuit Court shall review City Commission's decision to determine whether an error of law, fraud, or abuse of discretion exists.

4-3.5 Posting and Listing of Public Nuisances. Whenever the City Commission shall have ordered a property to be vacated and ordered that occupancy is prohibited, the Police Department shall post a notice so stating at each entrance to any building on the property and shall replace any notices that are missing or unreadable. No person other than an authorized City employee shall tamper with, damage, alter, destroy or remove any such notice posted by the City. The City Clerk shall maintain a list of those properties which have been declared to be public nuisances and of the remedy ordered by the City Commission. Immediately upon a declaration of public nuisance as provided in this Chapter, the City Clerk shall add the property to the list. Any citizen requesting a list of such properties shall be supplied one at no charge. The list shall be available for public inspection at the City Clerk's Office.

4-3.6 Prohibited Occupancy. No person shall enter upon any property which has been declared by the City Commission to be a nuisance and which the City Commission has ordered to be vacated and for which occupancy has been prohibited.

4-4 DRUG PARAPHERNALIA.

4-4.1 Drug Paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this Chapter, including but is not limited to:

(A) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

CHAPTER 4 POLICE REGULATIONS

(2017) 4-6

(B) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(C) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(D) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(E) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(F) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(G) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana;

(H) Blenders, bowls, containers, spoons and mixing devises used, intended for use, or designed for use in compounding controlled substances;

(I) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(J) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(K) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body;

(L) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that had become too small or too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Electric pipes;

(10) Air-driven pipes;

(11) Chillums;

(12) Bongs;

(13) Ice pipes or chillers.

4-4.2 Determining Drug Paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(A) Statements by an owner or by anyone in control of the object concerning its use;

(B) Prior convictions, if any, of an owner, or of anyone in control of the object, under any law of the United States or the State of Michigan relating to any controlled substance;

(C) The proximity of the object, in time and space, to a direct violation of this Section;

(D) The proximity of the object to controlled substances;

(E) The existence of any residue of controlled substances on the object;

(F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this Section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Section should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(G) Instructions, oral or written, provided with the object concerning its use;

(H) Descriptive materials accompanying the object which explain or depict its use;

CHAPTER 4 POLICE REGULATIONS

(2017) 4-7

(I) National and local advertising concerning its use;

(J) The manner in which the object is displayed for sale;

(K) Whether the owner, or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(L) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(M) The existence and scope of legitimate uses for the object in the community;

(N) Expert testimony concerning its use.

4-4.3 Prohibited Acts / Penalties.

(A) Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Section.

(B) Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Section.

(C) Delivery of Drug Paraphernalia to a Minor. Any person eighteen (18) years of age or over who violates Subsection (B) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than ninety (90) days, fined not more than Five Hundred ($500) Dollars, or both.

(D) Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(E) Penalty. Any person who violates this Section is guilty of a misdemeanor and upon conviction, may be imprisoned for not more than ninety (90) days, fined not more than Five Hundred ($500) Dollars, or both.

4-5 ALCOHOLIC BEVERAGE CONTROL. 4-5.1 Purchase by Person under Age 21; False Representations. Any person under the age of twenty-one (21) years purchasing or offering to purchase beer or wine, or any alcoholic beverage, who represents himself or herself falsely to be over the age of twenty-one (21) years, or who gives false information regarding his or her age to any police officer, licensee, agent, servant, or employee in charge of any place where beer, wine or other alcoholic beverages are sold or any other person who makes false representation in order to procure the sale or furnishing of beer, wine, or other alcoholic beverages to a person under the age of twenty-one (21) years, shall be liable for the following civil fines.

(A) For a first violation a fine of not more than Twenty-Five ($25) Dollars.

(B) For a second violation a fine of not more than fifty ($50) Dollars.

(C) For a third or subsequent violation, a fine of not more than One Hundred ($100) Dollars.

4-5.2 Purchase, Possession, Transportation by Persons under Age 21. No person under the age of twenty-one (21) years shall purchase or knowingly possess or transport any alcoholic liquor or knowingly possess, transport or have under his or her control in any motor vehicle any alcoholic liquor within the corporate limits of the City unless the person is employed by a licensee under the Michigan Liquor Control Act, as now or hereafter amended, and is possessing, transporting or has under his or her control such alcoholic liquor during regular working hours and in the course of his or her employment. A person who violates this Section is guilty of a misdemeanor.

4-5.3 Impounding Motor Vehicle. Any time within thirty (30) days following the arrest and conviction, and such conviction has become final of any person for a violation of the provisions of Section 4-5.2 involving use of a motor vehicle, complaint may be made by the arresting officer or his or her superior before the court from which the original warrant was issued or before whom the conviction occurred, which complaint shall be under oath and shall contain a description of the motor vehicle in which such alcoholic liquor was possessed or transported by the minor committing the offense and requesting that the motor vehicle be impounded as hereinafter provided in this Section. Upon the filing of the complaint the court shall issue an order to the owner of the vehicle summoning him or her to appear and show cause, if any, why the motor vehicle should not be impounded. Such order and summons shall show the date and time set for the hearing, which date shall not be less than ten (10) days from its issuance and shall be served by delivering a true copy thereof upon the owner at any time not less than three (3) days before the date of hearing or, if the owner of the motor vehicle cannot be located, by sending a true copy by certified mail to the last known address of the owner. In case the owner is a non-resident of the State, service of such order may be made upon the Secretary of State as provided in Section 403 of Act 300 of the Public Acts of the State of Michigan of 1949, as amended.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-8

If the court determines upon the hearing of the matter from competent and relevant evidence that at the time of the commission of the offense the motor vehicle was being driven or used by the minor with the express or implied consent or knowledge of the owner, and that the use of the motor vehicle is not required by the owner in the direct pursuit of his or her employment or the actual operation of his or her business, the court shall authorize the impounding of the vehicle for a period to be determined by the court of not less than fifteen (15) days nor more than thirty (30) days. The court's order authorizing the impounding of the vehicle shall authorize any peace officer to take possession thereof without the necessity of other process wherever the same may be located and to store the vehicle in a public or private garage for the period of impounding as contained in the court order at the expense and risk of the owner of the vehicle. Appeal shall lie from such impounding order to the Circuit Court and the provisions governing the taking of appeals from judgments for damages shall be applicable thereto; provided that nothing herein shall prevent any bona fide lien holder from exercising any rights under such lien.

4-5.4 Transfer of Title. Any person who shall knowingly transfer title to any motor vehicle for the purpose of avoiding the provisions of Section 4-5.3 shall be guilty of a violation of this Code.

4-5.5 Application and Approval.

(A) All applications to sell alcoholic beverages shall be made in the manner and form required by the Michigan

Liquor Control Commission. Upon receipt of the application by the City, the City Commission shall refer the application to the Chief of Police, the Fire Chief, and any such other City official or employee as it may so desire who shall cause a thorough investigation to be made of the persons and premises involved in the application. The findings of the investigation shall be reported to the City Commission.

(B) The approval given any applicant is not transferable without the consent of the City Commission.

(C) No approved applicant shall transfer the location of the establishment for which approval was given without

the consent of the City Commission.

4-5.6 Enforcement and Inspection. Enforcement of this Chapter and inspection thereunder shall be conducted by the City Code Enforcement Officer, or such other City employee or employees as may be designated by the City Commission from time to time.

4-5.7 Suspension or Revocation of Approval. The City Commission shall have the right at any time by resolution to suspend the sale, furnishing or delivery of alcoholic beverages for consumption on the premises throughout the entire City or any part thereof whenever the Commission deems such action necessary by reason of any public emergency. Violation either of this Chapter, the rules and regulations of the Michigan Liquor Control Commission, or of any law or provision of this Code relative to the use of the premises or the conduct of any licensee may be used as basis to revoke or suspend either the approval granted under this Chapter or for a request by the City Commission to the Michigan Liquor Control Commission for revocation or suspension of such licenses. The City Commission shall, in matters involving revocation or suspension, by resolution direct that a hearing be held before the City Commission upon not less than three (3) days written notice to the approved license involved. Service of the notice may be made personally upon the licensee, or by posting a copy of the resolution at the premises where the licensee's sales of alcoholic beverages are conducted or at his or her usual place of abode.

4-5.8 Sunday Sales. It shall be unlawful for any person to sell at retail, give away, or furnish any alcoholic liquor for consumption on the premises, on any Sunday during the hours from 2:00 a.m. until 12:00 midnight within the corporate limits of the City. This Section shall not apply to alcoholic liquor served to bona fide guests in the residence of any person, or sold or furnished for medicinal purposes, as provided in Act 281 of the Public Acts of the State of Michigan for the year 1937.

4-6 RECOVERY FOR EXPENSES FOR CERTAIN EMERGENCY SERVICES.

4-6.1 Purpose. The City finds that a significant number of traffic arrests and traffic accidents in the City involve persons who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances. In addition, the City finds that in traffic accidents involving drivers who were operating a motor vehicle while under the influence of alcoholic beverages and/or controlled substances, there is a greater likelihood of personal injury and property damage. As a result of these determinations, a greater operational and financial burden is placed upon the City police, public service, firefighting, and rescue services by persons who are operating a motor vehicle while under the influence of alcoholic beverages and/or a controlled substance.

4-6.2 Initial Responses to Parties, Gatherings, or Events. When any member of the Police Department responds to any party, gathering, event or regulated activity and that police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the owner or owners that a subsequent response to that same location or address within seventy-two (72) hours of the first response shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering, event, or regulated activity and that the owner may be liable for a police services fee as defined in this Section 4-1 of this Chapter.

4-6.3 Subsequent Police Responses to Parties, Gatherings or Events - Liability. If after a written notice is issued pursuant to subsequent police response or responses necessary to the same location or address within seventy-two (72) hours of the first response, such response or responses shall be deemed a special security

CHAPTER 4 POLICE REGULATIONS

(2017) 4-9

assignment. Persons previously warned shall be jointly and severally liable for a police services fee. The amount of the fee shall be a debt owed to the City by the person or persons warned, and if he or she is a minor, his or her parents or guardians shall be jointly and severally liable for the debt.

4-6.4 Cost; Collection. The Chief of Police shall notify the Finance Director in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs and such other information as may be required. The Finance Director shall thereafter cause appropriate billings to be made. If the person or persons liable for the expense of subsequent police responses fails to pay the bill within thirty (30) days of the mailing or personal service of the billing, the City may commence a civil suit to collect the billing and all costs allowed by law.

4-6.5 Liability for Expenses of an Emergency Response. Any person who is under the influence of an alcoholic beverage or controlled substance, or the combined influence of an alcoholic beverage and controlled substance, whose negligent operation of a motor vehicle proximately causes any accident or arrest, or other incident which results in an appropriate emergency response shall be liable for the expense of the emergency response by the City to the incident including those costs outlined in this Section.

4-6.6 Recovery Costs. The following may be recovered by the City from the person or persons liable for expenses of an emergency response as provided in this Section.

(A) Per minute charges for police personnel based on salary and wage benefits effective at the time of the

emergency response.

(B) Ambulance and fire personnel costs, including a Ten ($10) Dollar minimum charge per run for the first hour and Ten ($10) Dollars per hour or portion thereof for subsequent hours.

(C) A reasonable charge for the use of fire, ambulance and rescue equipment based upon normal operating

costs as determined by the Fire Chief.

(D) Third party provider expenses including, but not limited to, expenses related to blood, urine, or breath analysis; and rescue services including ambulance and emergency medical services billed to the City as the result of an emergency response.

4-6.7 Presumptions. For purposes of this Section, a person is under the influence of an alcoholic beverage or controlled substance, or the combined influence of an alcoholic beverage or a controlled substance when his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution characteristic of a sober person or ordinary prudence. Further, it shall be presumed that a person was operating a motor vehicle under the influence of an alcoholic beverage if a chemical analysis of his or her blood, urine, or breath indicates that the amount of alcohol in his or her blood was in excess of seven one hundredths (0.07) percent.

4-6.8 Charge against Person Liable. The expense of an emergency response shall be a charge against the person liable for expenses under this Section. The charge constitutes a debt of that person and is collectible by the City for incurring emergency response costs in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this Section shall not be insurable, and no insurance company shall provide or pay for emergency response costs.

4-6.9 Cost Recovery Schedule. Pending the adoption by the City Commission of a schedule of the costs included within the regular expenses of an emergency response, the City Manager may issue a schedule of such costs as provided in this Section. This schedule shall be available to the public from either the City Clerk or Police Department.

4-6.10 Billing for Emergency Responses. The Finance Director, or his or her designate, shall within ten (10) days of receiving itemized costs incurred for an emergency response submit a bill for those costs by first class mail or personal service to the person liable for these expenses as enumerated under this Section. The bill shall require full payment in thirty (30) days from date of service.

4-6.11 Failure to Pay; Procedure to Recover Costs. If the person liable for the expense of an emergency response fails to pay the bill within thirty (30) days of the mailing or personal service of the bill as provided in this Section, the City may commence civil suit to recover the emergency response expenses and any costs allowed by law.

4-7 FIREARMS.

4-7.1 Unlawful Use of Firearms. It is unlawful to fire, discharge or operate within the City any firearm, as defined in this Chapter, in such a manner so as to endanger persons or property or so as to cause any missile from a firearm to traverse any ground or space outside the limits of the curtilage of the possessor's domicile or outside a lawfully established and operated shooting range or gallery area. This Section shall not prohibit any police officer from discharging a firearm in the performance of his or her duty.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-10

4-7.2 Confiscation; Penalty. A firearm fired, discharged or operated in violation of this Chapter shall be confiscated. Any person violating the provisions of this Chapter shall, upon conviction, be punished as prescribed in Chapter 1 of this Code.

4-7.3 Laser Pointers.

(A) Laser Pointer means any devise which contains a small diode laser that emits an intense beam of light, including but not limited to, Class 2 lasers, Class 3a lasers, Class 3b lasers, and Class 4 lasers.

(B) Unlawful Possession or Use. It shall be unlawful for any person:

(1) Under the eighteen (18) years of age to possess a laser pointer except in his or her residence or in a school or other public place when the person is using a laser pointer under the direct supervision of an authorized person of adult age.

(2) To sell a laser pointer to any person under eighteen (18) years of age.

(3) To use a laser pointer in such a manner that the laser beam illuminates on any person, animal, object or place located outside of the building where the person using the laser pointer is located.

(4) To use a laser pointer in such a manner that the laser beam illuminates on any person.

(5) To use a laser pointer in such a manner that the laser beam illuminates the operator of a motor vehicle.

(6) To use a laser pointer in such a manner that the laser beam illuminates a uniformed law enforcement officer.

(7) It shall be unlawful for any person located on a public right-of-way, street, alley, public park, or private parking lot accessible to the public to use a laser beam pointer.

(C) Penalties. Unless another penalty is specifically provided by this Code for violation of any particular provision, section or chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall upon conviction be subject to a fine of not less than Fifty ($50.00) Dollars and not more than Five Hundred ($500.00) Dollars and the costs of prosecution.

4-8 NUISANCES.

4-8.1 Public Nuisances Prohibited. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter. No person shall commit, create, or maintain any nuisance.

4-8.2 Nuisances per Se. The following acts, services, apparatus and structures are hereby declared to be public nuisances:

(A) The maintenance of any pond, pool of water, or vessel holding stagnant water.

(B) The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or

sidewalk, or in any private place or premises where such throwing, placing, depositing or leaving is dangerous or detrimental to public health, or likely to cause sickness or attract flies, insects, rodents and/or vermin, by any person, of any animal or vegetable substance, dead animal, fish, shell, tin cans, bottles, glass or other rubbish, dirt, excrement, filth, rot, unclean or nauseous water, liquid or gaseous fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns, rotten soap, grease or tallow, offal or any other offensive article or substance whatever.

(C) The pollution of any stream, lake or body of water by, or the depositing into or upon any highway, street,

lane, alley, public street or square, or into any adjacent lot or grounds of, or depositing or permitting to be deposited any refuse, foul or nauseous liquid or water, creamery or industrial waste, or forcing or discharging into any public or private sewer or drain any stream, vapor or gas.

(D) The emission of noxious fumes or gas in such quantities as to render occupancy of property uncomfortable

to a person of ordinary sensibilities.

(E) Any vehicle used for any immoral or illegal purpose.

(F) All indecent or obscene pictures, books, pamphlets, magazines, and newspapers.

(G) Betting, bookmaking, prize fighting and all apparatus used in such occupations.

(H) All gambling devices.

(I) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-11

(J) The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person.

(K) All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount

contrary to the provisions of this Code or any law of the State of Michigan.

(L) Any use of the public streets and/or sidewalks which causes large crowds to gather obstructing the free use of the streets and/or sidewalks.

(M) All buildings, walls and other structures which have been damaged by fire, decay, or otherwise and all

excavations remaining unfilled or uncovered for a period of ninety (90) days or longer, and which are situated so as to endanger the safety of the public.

(N) All dangerous, unguarded excavations or machinery in any public place, or so situated, left or operated on

private property as to attract the public.

(O) The owning, driving or moving upon the public streets and alleys of trucks or other motor vehicles which are constructed or loaded so as to permit any part of its load or contents to blow, fall, or be deposited upon any street, alley, sidewalk or other public or private place, or which deposits from its wheels, tires, or other parts onto the street, alley, sidewalk or other public or private place dirt, grease, sticky substances or foreign matter of any kind. Provided, however, that under circumstances determined by the City Manager to be in the public interest, the City Manager may grant persons temporary exemption from the provisions of this paragraph conditioned upon cleaning and correcting the violating condition at least once daily and signing of an agreement by the person receiving the temporary exemption to reimburse the City for any extraordinary maintenance expenses incurred by the City in connection with a violation of this paragraph.

(P) The keeping of bees when such keeping results in the disturbance of the safety, comfort and repose of one

(1) or more persons, or vendors one (1) or more persons insecure in the use of his or her property.

(Q) All wires over streets, alleys, or public grounds which are strung less than fifteen (15) feet above the surface of the ground.

(R) All barbed wire fences.

4-9 CUTTING GRASS AND WEEDS.

4-9.1 Cutting Required. No person occupying any premises shall fail to keep cut down any ragweed, Canada thistles, burdocks, crab grass, quack grass, wild growing bushes, milk weeds, wild carrots, oxeye daises or other noxious weeds growing on property which adjoins property occupied by or owned by him.

4-9.2 Duty of Occupant or Owner. It shall be the duty of the occupant of every premises and the owner of unoccupied premises within the City to cut and remove or destroy by lawful means all such weeds and grass as often as may be necessary to comply with the provisions of Section 4-9.1. Any such weeds or grass which attains a height of twelve (12") inches are hereby declared to be a public nuisance.

4-9.3 Work Done at Owner's Expense. If the provisions of Sections 4-9.1 and 4-9.2 are not complied with and if any weeds, grass or other vegetation described in Section 4-9.1 are permitted to attain a height of twelve (12") on any property described therein, the City Manager may cause such weeds, grass or other vegetation to be removed or destroyed and the cost of such cutting, removal or destruction be billed to the owner for the cost thereof at rates established by the City Commission, and shall at the end of the fiscal year report any such charges remaining unpaid to the City Commission. Unpaid charges, as reported by the City Manager, shall become a lien upon the property abutting or adjoining the alley, street or sidewalk upon which such work has been done and shall be assessed and collected in the manner provided in the City Charter.

4-10 ABANDONED REFRIGERATORS. No person shall have in his or her possession any abandoned, unattended or discarded icebox, refrigerator, freezer or any other similar air tight container of any kind with a snap latch or other locking device unless the snap latch or other locking device, or the doors have been removed. No air tight container may be stored in any place accessible to children whether inside or outside of a building, structure or dwelling.

4-10.1 Penalty for Abandoned Refrigerator. Whoever violates this Section shall be subject to the following minimum criminal penalties which shall be assessed in addition to any other lawful sentence that the sentencing Court may impose:

(A) For a first violation, a fine of not less than One Hundred Seventy-Five ($175) Dollars, nor more than Five

Hundred ($500) Dollars.

(B) For a second violation, a fine of not less than Three Hundred ($300) Dollars nor more than Five Hundred ($500) Dollars, and imprisonment for not less than ten (10) days nor more than ninety (90) days.

(C) For a third or subsequent violation, a fine of not less than Four Hundred ($400) Dollars nor more than Five

Hundred ($500) dollars, and imprisonment for not less than thirty (30) days nor more than ninety (90) days.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-12

4-11 JUNK, TRASH AND INOPERABLE VEHICLES.

4-11.1 Determination. It is hereby determined that the storage or accumulation of trash, rubbish, junk, junk vehicles, abandoned vehicles, building materials, and the maintenance of blighted structures upon any private property within the City tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, the increase in criminal activity, and therefore is contrary to the public peace, health, safety and general welfare of the community.

4-11.2 Open Storage Yards. It shall be unlawful for any person to store, or permit the storage or accumulation of trash or junk on any private premises in the City within public view except on premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, or at a storage place or depository maintained in a lawful place and manner. It shall be unlawful for any person to store or permit storage or accumulation of building materials on any private premises except in a completely enclosed building; or except where such building materials are part of the stock in trade of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise; or except when such materials are being used in the construction of a structure on the private premises in accordance with a valid building permit issued by the City.

4-11.3 Vacant Structures. It shall be unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store or warehouse unless the same is kept securely locked, the windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by unauthorized persons or unless such structure is in the course of construction in accordance with a valid building permit issued by the City.

4-11.4 Inoperable and Infrequently Operated Vehicles. No owner or person having charge, custody, control, or use of real property in the City shall engage in the following:

(A) Placing, parking or storing an inoperable vehicle within open view.

(B) Placing, parking or storing an infrequently operated vehicle within open view except by permit as provided in

this Section.

(C) Placing, parking or storing more than two (2) inoperable vehicles regardless of whether in open view or not.

4-11.5 Permits for Keeping Infrequently Operated Vehicles. Every owner or person having charge, custody, control or use of real property in the City shall, if desiring to place, park or store an infrequently operated vehicle upon his or her premises, apply to the City Manager for a permit. A permit shall not be issued until the applicant pays a permit fee as provided in this Chapter 6 of this Code. Permits for race cars shall be valid from April 1 to October 1. Permits for all other vehicles shall be valid for thirty (10) days. A permit shall state a date of expiration. It may be renewed upon payment of another permit fee.

4-11.6 Fees. The schedule of fines applicable to offences under this Section is set forth in Section 6-4 of Chapter 6 of this Code.

4-11.7 Investigation of Premises. Any City enforcement officer on routine inspection or upon receipt of a complaint may investigate a suspected violation of this Chapter.

4-11.8 Notice of Removal. Whenever an enforcement officer finds building material, trash, or junk on a private premises in violation of this Chapter, the officer shall personally serve the owner of the premises or any adult occupant of the premises with a notice of removal; or if the owner or occupant cannot be reasonably located at such premises within twenty-four (24) hours, the officer shall cause a notice of removal to be mailed to the owner of the premises as shown on the tax assessment records of the City. The notice of removal shall contain the following information:

(A) Name and address of the owner of the premises.

(B) Nature of complaint.

(C) Description and location of the items on the premises in violation of this Chapter.

(D) The statement of such items is to be removed from the premises within ten (10) days of the date of

notification.

(E) Statement that removal from the location specified in the notice to another location upon which storage is not permitted is prohibited and shall subject the person to additional penalties.

4-11.9 Vehicle Violations. Whenever an enforcement officer finds a vehicle kept or stored in violation of any provision of this Chapter, the officer shall cause a notice to be served upon any person having charge, custody, control, use or ownership of the premises by personal service or by certified mail. The notice shall state the nature of the violation, the description of the offending vehicle(s), a statement that the vehicle(s) must either be removed, screened from open view; or otherwise brought into compliance with this Section within ten (10) days, and a

CHAPTER 4 POLICE REGULATIONS

(2017) 4-13

statement of penalties for noncompliance. In addition, the officer shall affix a sticker in a conspicuous place upon the vehicle(s). The sticker shall contain the same information as the written notice.

4-11.10 Penalties. Violation of this Section shall subject the violator to the following penalties:

(A) Violation shall constitute a misdemeanor punishable by a fine of not more than Five Hundred ($500) Dollars

and jail imprisonment of not more than ninety (90) days.

(B) Violations shall also, alternatively, constitute a civil infraction carrying a maximum civil fine of up to Five Hundred ($500) Dollars.

(C) This Section shall also be enforceable by a suit for injunction, abatement of nuisance, damages, or other

legal remedy appropriate and provided by law.

(D) Each separate vehicle and each day of violation shall constitute a separate offense. (E) If a condition in violation of this Section is not removed or corrected within ten (10) days after mailing or

giving personal notice pursuant to Section 4-11.8, the City Manager or his or her duly authorized representative is hereby authorized and empowered to arrange and pay for the removal of or correction of such condition, either by a Department of the City or by others. For such purpose, the City Manager or his or her duly appointed representative is hereby authorized and empowered to enter upon the premises of any such public or private land within the City at reasonable times and under reasonable conditions to accomplish the appropriate corrective action.

(F) In addition to any other penalty imposed pursuant to this Section, violators shall be chargeable with the

actual cost incurred by the City in the removal of any building materials, inoperable vehicle(s), trash or junk, together with an additional charge of twenty (20%) percent of such removal costs reimbursing the City for incidental expenses necessitated by the removal and abatement of the nuisance. The total cost so determined shall constitute a lien against the premises and shall be charged and billed to the owner of the premises. If any sum so billed is not paid within a period of thirty (30) days, such sum shall become a lien against the premises, or the City may file suit for collection of such charges against the owner of the premises.

(G) In addition to any other penalty for violation of this Chapter, a person who violates any provision of this

Chapter is responsible for a municipal civil infraction, subject to the payment of a civil fine of not less than Fifty ($50) Dollars, plus costs and other sanctions for each infraction.

4-11.11 Exclusion. This Section shall not apply to licensed junk yards, car dealers, or licensed auto parts dealers.

4-12 NOISE CONTROL.

4-12.1 Definitions. As used in this Section, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this Section.

Ambience means surrounding or background noise associated with a given environment, usually a composite of sounds from many sources.

Any person means a reasonable person of normal sensitiveness, when referring to persons intended to be protected by the provisions of this Section.

dB(A) means the sound pressure level in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication ANSI S1.4--1971, for Type 2 Instrument.

Decibel means a unit used to express the magnitude of sound pressure and sound intensity. The difference in decibels between two (2) sound pressures is twenty (20) times the common logarithm of their ratio. In sound pressure measurements, the sound pressure level of a given sound is defined to be twenty (20) times the common logarithm of the ratio of that sound pressure to a reference pressure of 2 X 10-5 N/m² (Newtons per meter squared). As an example of the effect of this formula, a three (3) decibel change in the sound pressure level corresponds to a doubling or halving of the sound intensity, and a ten (10) decibel change corresponds to a tenfold increase or a decrease to one-tenth (1/10) the former sound intensity.

Harmonic or pure tones means sounds which have a specific frequency or pitch associated with them.

Impulsive sounds means of very short duration, although they may be repeated at regular or irregular intervals, such as gun shots or automobile backfire sounds.

4-12.2 Excessive Noise Declared Nuisance. All loud or unusual noises or sounds and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities are public nuisances.

4-12.3 Noise Restrictions in Vehicle: No person operating, and/or in control of a moving and/or parked vehicle (includes all motor vehicles, including, but not limited to, passenger cars, pickup trucks, trucks, motorcycles, mopeds, recreational vehicles, and/or unlicensed vehicles) shall operate or permit the operation of an electronically amplified sound system in, on or about the vehicle, so as to produce sound that is clearly audible at a distance of fifty (50) feet from the vehicle, during the hours of 7:00 AM and 11:00 PM, or clearly audible at a distance of twenty-five (25) feet from the vehicle between the hours of 11:00 PM and 7:00 AM.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-14

4-12.4 General Noise Restrictions: No person shall make, generate or be the cause of making and/or generating, and/or shall continue to cause to make, to cause, or to generate, any loud, unnecessary, or unusual noise or sound, and/or any noise or sound which either annoys disturbs, injuries, and/or endangers the comfort, repose, health, peace, and/or safety of other residents, and/or the general public, within the limits of the City.

4-12.5 Permitted Exceptions to the General Noise Restrictions: The General Noise Restrictions shall not be applied to, and shall not be enforced as to sounds and/or noise emanating from the following:

(A) Emergency Vehicles. Any authorized police, fire, or emergency vehicle when responding to an emergency call, or when testing such police fire or emergency vehicles in the course of performing normal duties.

(B) Emergency Warnings. The use and/or testing of emergency warning signals, beacons, and/or devices.

(C) Building and/or Construction. Necessary excavations and/or repairs of streets and/or highways by and/or on behalf of the City, County and State, at any time, especially when public safety, welfare, and convenience renders it necessary to have such work done at night and/or not during the daytime hours. Also, during daylight hours, necessary excavations for, and/or construction of approved building projects.

(D) Public Events. The use of stationary amplifiers and/or loud speakers in the course of the public address for public events and/or public gatherings. Also, noise emanating from such public events as musical events, football games, and other public happenings.

(E) Horns and Signal Devises. The sound of any or signal device on any automobile, motorcycle, bus, truck, train, or other vehicle, if used reasonably as a danger signal and/or warning.

(F) Airport. The authorized use and/or testing of aircraft and aviation engines and equipment at the Three Rivers Dr. Haines Municipal Airport and the Airport Industrial Park.

4-12.6 Special Waivers (A) Authority to Grant. The City Manager shall have the authority, consistent with this Section, to grant special waivers.

(B) Written Application for Waiver. Any person seeking a special waiver pursuant to this Section shall file a written application with the City Manager. The written application shall contain information which demonstrates that bringing the source of sound or activity for which the special waiver is sought into compliance with this Section would constitute an unreasonable hardship on the applicant, on the community, or for another purpose.

(C) Consideration of Application. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the special waiver against the adverse impact on the health, safety and welfare of persons affected, the adverse impact of granting a special waiver.

(D) Term of Waiver. Special waivers shall be granted by notice to the applicant and may include all necessary conditions, including time limits on the permitted activity. The special waiver shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special waiver shall terminate it and subject the person to holding it to those provisions of this Section regulating the source of sounds or activity for which the special waiver was granted.

4-12.7 Noise Limitations Based on dB(A) Criteria. (A) Generally. Any noise in excess of the maximum decibel limits according to the regulations set out in this Section shall be deemed to be prima facie evidence of a violation of this Section.

(B) Noise from Private Property. The maximum decibel limits on noise originating from private property shall be as set forth in the following table. Noise will be measured at the boundaries of the lot. To be in violation, the source or sources of noise must be identifiable in relation to the ambience, and must exceed the limitations established for the zoning districts and times listed below:

ZONING DISTRICT dB(A) Maximum Limitations 7 A.M. to 6 P.M. 6 P.M. to 7 A.M. Residential: R, R-1, R-2, R-3, R-4, R-5 50 dB(A) 45 dB(A) -----------------------------------------------------------------------------------------------------------------------------------------------Business: 55 dB(A) 50 dB(A) B-1, B-2, B-3 -----------------------------------------------------------------------------------------------------------------------------------------------Industrial: 80 dB(A) 70 dB(A) I-1, I-2, I-3 (C) Interpretation and Enforcement. The following provisions shall apply to the interpretation and enforcement of this Section:

(1) At boundaries between zones, the lower of the dB(A) levels shall be applicable.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-15

(2) Harmonic or pure tones and periodic or repetitive impulsive sounds shall be in violation when such sounds are at a sound pressure level of five (5) dB(A) less than those listed above.

(3) Construction projects shall be subject to the maximum permissible noise levels specified for industrial districts for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, if no time limitation is imposed, then for a reasonable period of time for completion of the project.

(4) Noises caused by home or building repair and ground maintenance are excluded from these limits between the hours of 7 A.M. and 6 P.M. provided they do not exceed seventy-four (74) dB(A) at the property line or at a distance of fifty (50) feet, whichever is furthest from the source of the noise.

(5) All railroad right-of-ways shall be considered as industrial districts for the purpose of this subsection and the operation of trains shall be subject to the maximum permissible noise levels for such districts. The allowable noise levels at the boundaries of the right-of-way shall be those appropriate within industrial districts, without regard for the zone of the property.

(D) Regulations for Decibel Measurement - Motor Vehicles. All noise emitted from a motor driven vehicle, including but not limited to an electronically amplified sound system, in, on or about the vehicle, upon public roads shall be measured whenever possible at a distance of a least fifty (50) feet from a noise source located within the public right-of-way. If measurement at fifty (50) feet is not feasible, measurement may be made at twenty-five (25) feet and if this is done, six (6) dB(A) shall be added to the limits provided below. All such noises in excess of the dB(A) as provided herein shall be prima facie evidence that such noise unreasonably disturbs the comfort, quiet, and repose of persons in the area and is therefore in violation of this Section.

(1) Trucks and buses - Weight: Over 10,000 lbs. gross weight, dB(A) Maximum limitation: 82 dB(A)

(2) Truck and buses - Weight: Under 10,000 lbs. gross weight, dB(A) Maximum Limitation: 74 dB(A)

(3) Passenger cars - Any weight, dB(A) Maximum Limitation: 74 dB(A)

(4) Motorcycles, snowmobiles, and mini-bikes - Any weight, dB(A) Maximum Limitation: 82d(A)

(5) All other self-propelled motor vehicles - Any weight, dB(A) Maximum Limitation: 74 dB(A)

(E) Measurement of Noise. All measurements of dB(A) according to this Section shall be made by using a sound level meter of standard design and operated on the “A” weight scale, with “slow” meter response.

4-12.8 Specifically Prohibited Sounds/Noise. The creation of the following sounds and/or noises are specifically prohibited:

(A) Excessive Noise - Motor Vehicles. No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle or, the case of a motor vehicle on private property, beyond the property line. For the purpose of this Subsection, “plainly audible” means any sound which clearly can be heard by unimpaired auditory senses based on a direct line of sight of fifty (50) or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation.

(B) Unnecessary Use of Horns and Signal Device. The use of any horn or signal device on any automobile, motorcycle, bus, truck, train, or other vehicle not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound and the sounding or such device for any unnecessary or unreasonable period of time is unlawful.

(C) Radio, Television and Musical Instruments. The use of, or playing of any radio, television, phonograph or musical instrument, or allowing any electrically or electronically produced, reproduced or amplified sound to emanate from any place or premises between the hours of 11:00 PM and 7:00 AM, so as to be heard more than one hundred (100) feet from the property line of such places or premises, or so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, residence, or other place of employment or repose, or any other person in the vicinity. This provision shall not be applicable to community events approved by the City Commission or the written permit of the City Manager.

(D) Shouting/Whistling. Yelling, shouting, hooting, whistling, singing, or the making of any other loud noise on the public street, or at such other place so that the noise may be heard on a public street, between the hours of 11:00 PM and 7:00 AM, or the making of such noise at any time, so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, residence, or other place of employment or repose, or any other person in the vicinity. This provision shall not be applicable to community events approved by the City Commission, or the written permit of the City Manager.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-16

(E) Hawking. The hawking of goods, merchandise and/or newspapers in a loud and boisterous manner.

(F) Animal and Bird Noises. The keeping of any animal, bird or foul, which emanates frequent or extended noise, whereby which could disturb the comfort of repose of any person, or which causes a serious annoyance to the neighborhood, except animals, birds or fowl housed at Scidmore Park under the supervision of employees of the City.

(G) Whistles or Siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work, or except as a warning of fire or danger, or the testing of such a warning signal.

(H) Construction Noises. The erection (including excavating), demolition, alteration or repair, of any building and/or grounds, other than between the hours of 7:00 AM and 6:00 PM, unless a permit is first obtained from the City Manager. Snow removal during the hours between 3:00 AM and 7:00 AM is also permitted. Also, emergency repairs and maintenance shall be permitted.

(I) Handling Merchandise. The use of a loud speaker, amplifier, or other instrument or device for the purpose of attracting attention.

(J) Noise or Commotion in Vehicles. The making of a commotion or making of unnecessarily loud noises in vehicles, whereby the peace and good order of the neighborhood is disturbed, or persons owning or occupying property in the neighborhood are disturbed or annoyed.

(K) Sound Trucks. To operate, or cause to be operated, without a written permit from the City Manager, a sound truck with a loud speaker, amplifier, or other instrument or device within the City, for the purpose of attracting attention.

(L) Vehicle Theft Alarm Systems. Installing, operating or using any vehicle theft alarm system that emits or causes the emission of an audible sound, which is not, or does not become, automatically and completely silenced within five (5) minutes. The time period shall be calculated based upon the emission of the first audible sound and shall end five (5) minutes thereafter notwithstanding any variation or stoppage in the emissions of audible sound.

4-12.9 Civil Infraction. A person who violates any provision of this Section shall be responsible for a municipal civil infraction as provided in Chapter 9 of this Code and shall be subject to the payment of a civil fine as set forth in Chapter 6 of this Code.

4-13 PARENTAL RESPONSIBILITY. (A) The parent of any minor has a continuous responsibility to exercise reasonable control and supervision over

the minor to prevent the minor from committing or participating in the commission of any delinquent act.

(B) The parent of a minor shall exercise reasonable control and supervision over the minor. The exercise of reasonable parental control shall include, but is not limited to the following:

(1) Keeping drugs out of the home and out of the possession of the minor except those drugs duly prescribed by a licensed physician or other authorized medical professional;

(2) Keeping firearms out of the possession of the minor except those used for hunting or other lawful recreational purposes, in accordance with the City Code and State law, and with the knowledge and supervision of a parent;

(3) Requiring the minor to regularly attend all regular school sessions and preventing the minor from being absent from school without parental, medical or school permission;

(4) Arranging proper supervision for the minor when the parent must be absent;

(5) Preventing the minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others;

(6) Preventing the minor from engaging in the theft of property or keeping in his or her possession property known to be stolen;

(7) Preventing the minor from possessing or consuming alcoholic beverages in violation of the law;

(8) Seeking help from appropriate governmental authorities and private agencies in handling or controlling the minor when necessary.

(9) Assisting in cooperating with governmental authorities in their efforts to handle or control a minor, including production of the minor for juvenile court appointments and hearings.

4.13-1 Curfew Violations. No parent of a minor under the age of sixteen (16) years shall assist, aid, abet, allow, permit or encourage the minor to violate the curfew law of the State of Michigan, as stated in Section 722.751 and 722.752 of the Michigan Compiled Laws, as amended, either by overt act, by failing to act, or by lack of supervision and control over the minor.

4-13.2 Aiding and Abetting Delinquent Acts. No parent of a minor shall by act, omission or by any word, procure, counsel, aid, abet, encourage, contribute toward, cause, or intend to cause the minor to become a delinquent, so as to come under, or intend to come under, the jurisdiction of the Juvenile Division of the Probate

CHAPTER 4 POLICE REGULATIONS

(2017) 4-17

Court, as defined in Section 7.12A.2 of Michigan Compiled Laws, as amended, whether or not the minor shall be adjudicated a ward of the Probate Court.

4-13.3 Notification of Parent; Record of Notification. (A) Whenever a minor is arrested or detained by any probation officer, caseworker or law enforcement agency

for the commission of any delinquent act, the parent of the minor shall be notified as soon as reasonably possible by the arresting or detaining agency of the minor's arrest or detention and the reason therefore and of the parent's responsibility under this Chapter.

(B) A record of such notification shall be kept by the arresting or detaining agency.

4-13.4 Violations of Parental Responsibility.

(A) If a minor commits a delinquent act within the City, the parent shall be responsible for a violation of this Chapter if:

(1) It is proven that any act, word or non-exercise of parental responsibility by the parent encouraged, caused or allowed to occur the commission of the delinquent act by the minor; or

(2) It is proven that the parent knew or reasonably should have known that the minor was likely to commit a delinquent act, but failed to take timely and appropriate action to prevent the commission of the delinquent act by the minor; or

(3) It is proven that the parent who is properly notified that his or her minor child has been taken into custody for a violation of a delinquent act and will no longer be detained and who then failed or refused to collect the minor from the detaining agency for a period of twelve (12) hours or more.

4-13.5 Penalties. (A) Upon the first conviction for a violation of any provision of this Section, the Court shall impose a fine and/or a

jail term and any other costs or fees permitted or required by law. In addition to such fine and/or jail term, the Court shall, unless it makes a specific finding that probation is inappropriate, exercise its authority to sentence the parent to a term of probation with such conditions as the Court deems appropriate. Such conditions may include participation in, and completion of, programs or therapies deemed appropriate by the Court in light of the facts of the particular case, community service and/or work crew. Restitution shall also be required to make whole any victim or third party who has suffered financial loss in connection with the charged violation. Should the Court choose not to sentence the parent to a term of probation or should the Court suspend all or any portion of a fine, costs or restitution assessed against the parent, the Court shall so state on the record and shall state the reason or reasons for its action. In addition to the penalties provided for in this Subsection, the Court may also impose any penalties otherwise provided for by law.

(B) Upon the second or subsequent violation of any provision of this Section, the Court shall assess a fine of not less than Two Hundred ($200) Dollars, nor more than Five Hundred ($500) Dollars in addition to any costs or fees permitted or required by law. In addition to such fines and costs, the Court may impose a jail sentence of up to ninety (90) days. The Court may, in its discretion, also impose any of the penalties provided for in Subsection (1) above or as otherwise permitted by law.

4-13.6 Restrictive Intent. This Section sets forth minimum standards which are supplemental to the applicable laws of the State of Michigan. Where any of the provisions of this Section and the provisions of any other ordinances or statutes shall apply, the more restrictive ordinance or statute shall prevail.

4-14 UNCLAIMED PROPERTY. Any personal property, money or other valuables which may come into the possession of the City and remain unclaimed for a period of six (6) months shall be considered as abandoned property and shall be disposed of as provided in this Section and the statutes of the State.

4-14.1 Custody of Property. The Chief of Police shall be the custodian of all such personal property coming into the possession of the City, and it shall be his or her duty to provide for proper storage of such property until the same shall have been disposed of as provided in this Section. The Chief of Police shall maintain proper written records of abandoned property and shall provide a duplicate of the record for the City Manager and shall make diligent effort to locate and return abandoned property to the rightful owners. The Chief of Police shall turn over all money and negotiable securities to the City Treasurer who shall hold such money and negotiable securities for a period of six (6) months and thereupon convert it into liquid assets of the City unless otherwise claimed by the lawful owner.

4-14.2 Auction Sales. The City Manager shall periodically arrange for auction sales for disposition of any such unclaimed property, exclusive or money and negotiable securities, shall act as auctioneer at such sales and shall sell such property at public auction at the best price possible. All proceeds of sale shall be promptly turned over to the City Treasurer and shall become the property of the City except as otherwise provided in the Vehicle Code of the State. In the case of each article sold at public auction the auctioneer shall furnish the City Treasurer with accurate estimate of the cost of interim storage and protection and the cost of sale of each article. All cash and negotiable securities shall be deposited with the City Treasurer and become a part of the general fund of the City.

4-14.3 Notice of Sale. The City Manager as auctioneer shall establish the time and place of all auction sales and shall cause notice of all such auction sales to be published in two consecutive issues of a newspaper of general circulation in St. Joseph County. The Manager shall issue bills of sale and such other papers as may be necessary to clarify title for purchasers of property at such auction sales. Any property not sold may be disposed of as the City Commission shall see fit.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-18

4-14.4 Weapons. The Chief of Police, upon approval of the City Manager, may destroy any weapons or other articles which may be dangerous to store and any perishable goods which are impractical to store. If ownership is proved prior to the date of sale such property shall be turned over to the claimant upon his or her payment of costs of storage and protection of the property, and all other costs involved.

4-14.5 Limitation on Claim. No claim shall be valid to obtain any money or other property which comes into the possession of the City, after notice of sale has been given and the property so disposed of by the sale.

4-15 VANDALISM OF LIBRARY MATERIALS. 4-15.1 Destruction of Property. A person commits the offense of destruction of library property when he or she willfully, maliciously, or wantonly tears, defaces, mutilates or writes upon or by other means injures or mars any library material.

4-15.2 Theft. A person commits the offense of library theft when he or she does any of the following acts:

(A) Knowingly and intentionally removes any library material from the premises of the Library without authority to do so.

(B) Knowingly and intentionally conceals any library material upon his or her person or among his or her belongings, while still in the premises of the library and in such manner that the library material is not visible through ordinary observation although there may be some notice of its presence, and removes the library material beyond the last point in the premises of the library at which library material may be borrowed in accordance with procedures established by the librarian or Library Board for the borrowing of library material.

(C) With the intent to deceive, borrow or attempt to borrow any library material from the Library by:

(1) Use of a library card issued to another without the other's consent.

(2) Use of a library card knowing that it is revoked, canceled or expired.

(3) Use of a library card knowing that it is falsely made, counterfeit or materially altered.

(4) Borrows library material from the Library and fails to return the library material by the due date, and fails, neglects, and refuses to return the library material and to pay the fine or fines assessed for late returns with ten (10) days after having been given written notice by the librarian by regular mail at the last known address of the person as shown in the record of the Library.

4-15.3 Penalty. Any person convicted of malicious damage of library materials or library theft as provided in this Section shall be punished by a fine of not more than Five Hundred ($500) Dollars and costs of persecution or by imprisonment. Each act of violation and every day upon which the violation shall occur shall constitute a separate offense.

4-16 TRAFFIC 4-16.1 Title. This Section and the provisions of the Uniform Traffic Code and state laws adopted by reference herein shall be collectively known and may be cited as the “City of Three Rivers Traffic Code Ordinance”.

4-16.2 Adoption of Uniform Traffic Code by Reference. 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, Public Act 306 of 1969, as amended (MCL 24.201, et seq.) and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this State, is hereby adopted by reference as if fully set forth herein. All references in the Uniform Traffic Code to a “governmental unit” shall mean The City of Three Rivers.

4-16.3 Adoption of Provisions of Michigan Vehicle Code by Reference. The following provisions of the Michigan Vehicle Code, Public Act 300 of 1949, as amended (MCL 257.1, et seq.), and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this State, are hereby adopted by reference as if fully set forth herein.

(A) Chapter I (Words and Phrases Defined): MCLs 257.1 to 257.82 (B) Chapter II (Administration, Registration): MCLs 257.225, 257.228, 257.243, 257.244, 257.255, and 257.256.

(C) Chapter III (Operator’s and Chauffeur’s License): MCLs 257.310e, 257.311, 257.312a, 257.324, 257.325, 257.326, and 257.328.

(D) Chapter VI (Obedience to and Effect of Traffic Laws): MCLs 257.601 to 257.601b, 257.602 to 257.606, 257.611 to 257.616, 257.617a to 257.622, 257.624a to 257.624b, 257.625 (except felony provisions), 257.625a, 257.625m, 257.626 to 257.626b, 257.627 to 257.627b, 257.629b, 257.631 to 257.632, 257.634 to 257.645, 257.647 to 257.655, 257.656 to 257.662, 257.667 to 257.675d, 257.676 to 257.682b, 257.683 to 257.710e, and 257.716 to 257.724.

(E) Chapter VIII (License Offenses): MCLs 257.904 to 257.904a, 257.904e, and 257.905. 4-16.4 Adoption of Other State Laws by Reference. The following provisions of state law are hereby adopted by reference:

(A) Section 3102 of the Michigan Insurance Code of 1956, Public Act 218 of 1956, as amended, pertaining to required insurance (MCL 500.3102).

CHAPTER 4 POLICE REGULATIONS

(2017) 4-19

(B) Subchapter 6 of Part 811 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended and as it may be amended from time to time, pertaining to off-road vehicles (MCLs 324.81101 to 324.81147).

(C) Part 821 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended and as it may be amended from time to time, pertaining to snowmobiles (MCLs 324.82101 to 324.82158).

(D) Section 703 of the Michigan Liquor Control Act, Public Act 58 of 1998, as amended and as it may be amended from time to time, pertaining to minors and alcoholic liquor (MCL 436.1703).

4-16.5 Penalties. The penalties provided by the Uniform Traffic Code and the provisions of the laws of the State of Michigan adopted by reference pursuant to this Section are hereby adopted as the penalties for violations of the corresponding provisions of this Section. 4-16.6 Severability. If a court of competent jurisdiction declares any provision of this Section or the Uniform Traffic Code or a statutory provision adopted by reference pursuant to this Section to be unenforceable, in whole or in part, such declaration shall only affect the provision held to be unenforceable and shall not affect any other part or provision; provided that if a court of competent jurisdiction declares a penalty provision to exceed the authority of the City, the penalty shall be construed as the maximum penalty that is determined by the court to be within the authority of the City to impose.

4-17 PARKING 4-17.1 Parking of Certain Vehicles in Residence Districts. It shall be unlawful for any person to cause, allow or permit any vehicle with a load capacity of more than two and one-half (2½) tons registered in the name of, or operated by, such person to be parked or standing on any residence district of the City except that this Section does not prevent the operator of any such vehicle from temporarily stopping in accordance with other stopping, standing, or parking regulations, on a street in a residence district for the purpose of, and while engaged in, the expeditious unloading or loading of freight or goods.

4-17.2 Public Parking Lots - Prohibitions. The parking of motor vehicles in the North Main Street parking lot in the City is prohibited during the period of April 1 to November 15 between the hours of 2:00 a.m. and 5:00 a.m. on Thursdays and during the period of November 16 to March 31 between the hours of 2:00 a.m. and 5:00 a.m. as signs are erected.

4-17.3 Signs. The City Traffic Engineer shall cause official traffic-control signs to be erected at appropriate locations in the North Main Street public parking lot in accordance with Subsection 4-14.2 of this Section.

4-17.4 Violation; Penalty. When a motor vehicle is found parking in the North Main Street public parking lot in violation of this Section, the police officer who finds the vehicle shall take its registration number and may take any other information displayed on the vehicle which might identify its owner or user and shall conspicuously affix to the vehicle a traffic citation in accordance with the Uniform Traffic Code or may be towed from the parking lot to facilitate its maintenance.

4-17.5 Use of Business Parking Lots Restricted. Except for the purpose of parking prior to transacting business at a place of business, attending church services, or patronizing a facility open to the public, adjacent to or in the immediate vicinity of a business parking lot; leaving after parking; leaving a passenger; picking up a passenger, no person shall drive any motor vehicle across, through or into and out of any business parking lot in the City.

4-17.6 Loitering. No person shall linger, loiter, sit, or stand in any business parking lot or sit in or on a motor vehicle in any business parking lot except for the permitted purposes stated in Section 4-14.5, or if prohibited by the owner of a business parking lot as expressed by a sign posted on the premises pursuant to Subsection 4-14.2.

4-17.7 Trespassing After Hours. No person shall enter by any means or stay on any business parking lot at any time if staying on or entering the lot is prohibited by the owner, as shown by a sign posted on the premises pursuant to Subsection 4-14.2.

4-17.8 Signs Prohibiting Trespassing and Loitering. The prohibitions set out in Subsection 4-14.5 through 4-14.7 shall be in effect at any business parking lot where the owner has posted a sign or signs on the premises as provided in this Subsection. With reference to Subsection 4-14.6 and 4-14.7, each sign shall contain substantially the following language:

NO LOITERING OR CRUISING VIOLATORS WILL BE PROSECUTED

With reference to Subsection 4-17.2, each sign shall contain substantially the following language:

NO PARKING OR TRESPASSING IN PARKING LOT BETWEEN P.M. AND A.M. VIOLATORS WILL BE PROSECUTED

4-17.9 Parking Areas and Time Limits. The Chief of Police, with the approval of the City Manager, shall have the authority to establish vehicle parking time limits and parking spaces on the public streets and on City owned parking lots as deemed necessary in congested traffic areas. Appropriate signs shall be erected stating thereon the maximum time limits for parked vehicles.

4-17.10 Violations - Excessive Time. It shall be unlawful and a violation of the provisions of this Chapter for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked beyond the period of legal parking time established for any individual parking space.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-20

4-17.11 Evidence. In any proceeding for violation of the overtime parking provisions of this Chapter, the license plate displayed on such vehicle shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who parked or placed such vehicle at the point where such violation occurred.

4-17.12 Parking Violation Ticket. Any police officer or any other person designated by the City Manager is authorized to issue a parking violation ticket to any person in violation of the provisions of this Chapter. The ticket shall state the location of the violation, the State license number of the vehicle, the approximate time during which the vehicle was illegally parked and any other facts deemed appropriate by the officer or person issuing the ticket. The ticket shall contain a notice to the owner or operator of the vehicle that such vehicle has been parked in violation of this Chapter and instructions for the owner or operator to appear at the City's Parking Violations Bureau in regard to such violation. The issuance of a parking violation ticket shall be deemed an allegation of a parking violation. The ticket shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty for overtime parking and advise that a warrant for the arrest of the person to whom the ticket was issued may be sought, or complaint for a civil infraction filed if such person fails to respond within a time permitted.

4-17.13 Penalty. The penalty to be paid by the owner or operator of a vehicle parked in violation of this Chapter shall be Two ($2) Dollars if paid within forty-eight (48) hours of the issuance of the ticket; Five ($5) Dollars if paid thereafter, but within ten (10) days; and then Ten ($10) Dollars if paid more than ten (10) days after issuance of the ticket. Penalties under this Section shall be paid at the Parking Violations Bureau as provided in this Code.

4-17.14 Towing Illegally Parked Vehicles. Upon verification by the Police Department that the owner or operator of an illegally parked vehicle has three (3) or more unpaid parking violation tickets, any officer of the Police Department is authorized to cause the vehicle illegally parked to be towed away by a commercial towing service. Vehicles towed away for illegal parking shall be restored to the owner or operator upon payment of a fee as established by the Chief of Police with the approval of the City Manager.

4-17.15 Purpose and Intent. This Chapter shall be construed as a supplement to all other provisions of the City Code regulating the traffic, parking and use of streets, which shall be in force and effect in the congested traffic areas of the City except insofar as modified by the provisions of this Chapter. Any authority heretofore or hereafter exercised by the City under this Code or any rule or regulation, restricting or prohibiting parking, independent of time limits, shall in no manner be affected by any of this Chapter. The purpose of this Chapter is to assist in the regulation of overtime parking, and it shall be so construed.

4-17.16 Parking Prohibition - Commercial Vehicles. No person shall park or leave standing on any City owned parking lot or other City owned property or portion thereof any commercial vehicle having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more except as specifically authorized by the City Manager pursuant to Section 4-14.1 of this Section. This prohibition shall not apply to the temporary parking or standing of such a vehicle for the purpose of making pickups and deliveries, nor to City owned vehicles.

4-17.17 No Parking Signs. The City Engineer shall cause signs to be erected in appropriate locations on City parking lots to give notice of the provisions of Section 4-17.1 of this Section.

4-17.18 Permitted Parking. The City Manager is authorized to permit the temporary parking of such commercial vehicles on City owned property when it is determined that such parking will not interfere with the intended use of the property by the City.

4-17.19 Penalty. Any person violating the provisions of this Section shall be punished as provided in Section 1-5 of the City Code (misdemeanor penalty) or Chapter 9 of the City Code (civil infractions).

4-17.20 Exceptions. The following uses of a business parking lot shall not be in violation of this Section:

(A) Entrance by the owner, occupant or the employees and agents of the owner or occupant.

(B) Entrance by customers, patrons, suppliers and other persons having lawful business at the business premises or other facility served by the business parking lot during normal business hours, or when such business or facility is otherwise open to the public.

(C) Temporary entrance in an emergency.

(D) Entrance by police officers, and City officials in course of duty.

4-17.21 Penalties & Sanctions. (A) Municipal Civil Infraction. A person who violates any provision of this Chapter is responsible for a municipal

civil infraction, subject to payment of a civil fine of not less than fifty ($50) Dollars nor more than Five Hundred ($500) Dollars plus costs and other sanctions for each infraction. Repeat offenses shall be subject to increased fines as provided by Section 1-5 of this Code.

(B) Misdemeanor. A person who violates any provision of this Chapter is responsible for a misdemeanor, subject to penalties as provided by Section 1-5 of this Code.

4-17.22 Parking Violations Bureau Established. Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, as added by Public Act 152 of 1968, a Parking Violation Bureau for the purpose of handling alleged parking violations within the City is hereby established. The Parking Violations Bureau shall be under the supervision and control of the City Treasurer.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-21

4-17.23 Location, Rules. The City Treasurer shall, subject to the approval of the City Commission, establish a convenient location for the Parking Violations Bureau, appoint qualified City employees to administer the Bureau and adopt rules and regulations for the operation thereof.

4-17.24 Offenses Handled. No violation not scheduled in Subsection 4-14.27 shall be disposed of by the Parking Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the Bureau, and in any case the person in charge of the Bureau may refuse to dispose of such violation in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.

4-17.25 Settlement Voluntary. No violation may be settled at the Parking Violations Bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense, and in no case shall the person who is in charge of the Bureau determine, or attempt to determine the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking violation at the Parking Violations Bureau, and all persons shall be entitled to have any such violation processed before a court having jurisdiction if they so desire. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice him or her or in any way diminish the rights, privileges and protection accorded to him or her by law.

4-17.26 Traffic Ticket. The issuance of a traffic ticket or notice of violation by a police officer shall be deemed an allegation of a parking violation. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued and advise that a warrant for the arrest of the person to whom the ticket was issued will be sought if such person fails to respond within the time limited.

4-17.27 Schedule. The schedule of offences and penalties for violation of this Section are set forth in Section 6-4 of Chapter 6 of this Code.

4-18 BICYCLE. 4-18.1 License. No person shall ride or operate a bicycle upon any of the streets, alleys or sidewalks of the City unless such bicycle is licensed and a license plate is attached as herein provided.

4-18.2 Application. Application for a bicycle registration certificate and license must be filed with the City Traffic Bureau upon a form provided by the City requiring the applicant to set forth the name and address of the owner of the bicycle, the description of the bicycle, including its name, serial number and letter or sign by which the same may be identified, and such other information as may be deemed necessary by the City for proper registration.

4-18.3 Fee; Record.

(A) The City Traffic Bureau upon receipt of a proper application shall issue a registration certificate and license plate for the operation of such bicycle which license shall be valid for the life of the bicycle and which shall be transferred as an incident to a transfer of the ownership of such bicycle. The fee for registration and license shall be one ($1.00) dollar. The fee for any transfer of a license shall be fifty ($.50) cents.

(B) The City Traffic Bureau shall not issue a license for any bicycle when it is known or there is reasonable ground to believe that the applicant is not the owner of or entitled to the possession of such bicycle.

(C) The City Traffic Bureau shall maintain a record and the number of each license and the date issued which shall be kept on file with the application for such registration and license.

4-18.4 License Plate.

(A) The City Traffic Bureau upon issuing a bicycle registration certificate shall also issue a metal license plate of a distinctive color, bearing the license number assigned to the bicycle and the name of the City.

(B) A license plate shall be firmly affixed to the rear mud guard or frame of the bicycle for which issued in such a position as to be plainly visible from the rear.

(C) The City Traffic Bureau shall require the owner of any bicycle on which no serial number can be found or on which the number is illegible or insufficient for identification purposes to have the Police Department stamp an identification number on the frame before issuing a registration certificate and license plate.

4-18.5 Damaging Plates.

(A) It shall be unlawful for any person to remove a license plate from a bicycle except in the event the bicycle is dismantled and no longer being operated within the City, or to destroy, mutilate or alter any license plate, registration certificate or seal. It shall also be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this Section. Nothing in this Section shall prohibit the Police Department from stamping numbers on the frame of bicycles on which no serial number can be found or on which the number is illegible or insufficient for identification purposes.

(B) In the event a new license plate is desired to replace a lost license plate the same shall be issued upon proper application to the City Traffic Bureau together with proof of loss of the original license plate and payment of a fee of fifty ($.50) cents.

4-18.6 Purchaser's Duty. Any person buying a bicycle in the City shall within seven (7) days after such purchase make a report to the City Traffic Bureau of such purchase and pay the proper fee.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-22

4-18.7 Impounding Bicycle. Any bicycle, the owner of which has failed to comply with the requirements of this Section or which has been operated or parked in violation of the provisions of this Section, may be impounded by or under direction of the Police Department to any City owned or controlled parking place to be released upon full compliance with the provisions of this Section together with payment of the storage fee of twenty-five ($.25) cents for each day or fraction in excess of forty-eight (48) hours from the time it was impounded, provided, however, the maximum period of impounding shall not exceed thirty (30) days, and neither the City, nor any City officer shall be liable for any losses, costs or damages occurring to any person because of, incident to, or in any manner growing out of such impounding and removal.

4-18.8 Prohibited Acts.

(A) Riding on Sidewalks. It shall be unlawful to ride a bicycle on the sidewalk on Main Street from Prutzman Street to the St. Joseph bridge; on the sidewalk on Portage Avenue from Foster Street to Main Street; on Moore Street from the railroad overhead bridge to Main Street; on Michigan Avenue from Rock River to Portage River and South Main Street from the Railroad tracks to Madison Street.

In all other parts of the City, bicycles may be ridden upon the sidewalks, providing all riders comply with all lawful regulations as to such use.

(B) Parking on Sidewalks. It shall be unlawful to park or leave a bicycle upon the sidewalk upon the streets named and defined in paragraph (A).

(C) Passing on Sidewalks. It shall be unlawful for any person riding a bicycle on the sidewalk to attempt to pass another rider or person going in the same direction on the sidewalk without giving an alarm by bell, horn or gong and until it becomes evident that the person so warned is aware of the approach of such rider.

4-18.9 Pedestrian Right-of-Way. Pedestrians shall at all times have the right-of-way upon the sidewalks and if necessary the riders of bicycles shall dismount and vacate the sidewalk in order to prevent a collision. It shall be unlawful for any person riding a bicycle on the sidewalk to fail to yield the right-of-way to any pedestrian upon the sidewalks.

4-18.10 Riding Abreast. No two (2) or more bicycles shall be ridden abreast nor shall more than one (1) person ride on the same bicycle at the same time.

4-18.11 Obey Traffic Laws. Every person riding a bicycle on the public streets, alleys or sidewalks shall at all times observe and obey all stop lights, stop signs and all other traffic signals relating to the operation on the public streets, alleys and sidewalks of vehicles other than motor vehicles.

4-18.12 Speed. No person riding a bicycle upon the streets, alleys or sidewalks shall ride or propel the same at a greater rate of speed than is reasonable and proper under the conditions existing at the time, and in no case shall such speed exceed ten (10) miles per hour; but in any case where such speed would be unsafe, it shall not be lawful. No person riding or operating a bicycle upon a roadway shall ride or operate the same at a speed greater than is reasonable and proper under the conditions then existing or at a speed greater than will permit the rider or operator thereof to bring the bicycle to a stop within the assured clear distance ahead.

4-18.13 Reckless Driving. No person shall ride a bicycle upon any street, alley or sidewalk carelessly, heedlessly or recklessly in willful or wanton disregard of the rights or safety of others or without due caution and circumspection and at a speed and in a manner so as to endanger or be likely to endanger any person or property.

4-18.14 Lights. All bicycles operated upon the streets, alleys or sidewalks within the period from one-half (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred (300) feet in front of the bicycle, and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least two hundred (200) feet to the rear of such bicycle.

4-19 OPERATION OF RAILROADS.

4-19.1 Limitations on Speed. It shall be lawful for any locomotive or railroad train to be operated upon the railroad tracks within the City in contravention of the following regulations:

(A) Locomotive or railroad trains operating upon the main tracks of the so-called Kalamazoo Branch of the railroad company shall not travel at a speed greater than thirty (30) miles per hour or at a speed less than six (6) miles per hour unless train or engine movements for reasons of safety or to comply with a lawful statute, rule or regulation shall require a slower speed.

(B) Locomotives, railroad trains or switch engines traveling upon side tracks and performing switching operations shall not be subject to the minimum speed of six (6) miles per hour specified in Paragraph (A), but shall have the right to move at a slower speed as safety shall require and in compliance with all applicable statutes, rules and regulations.

4-19.2 Obstruction of Street Traffic.

(A) It shall be unlawful for a railroad company to permit any of its locomotives and/or trains, whether standing or switching, to obstruct any vehicle traffic on any public street or highway within the City for a longer period than five (5) minutes at any one time.

(B) It shall further be unlawful for a railroad company to permit successive locomotive and/or train movements to obstruct any vehicular traffic on any public street or highway within the City until all vehicular traffic

CHAPTER 4 POLICE REGULATIONS

(2017) 4-23

previously delayed by such locomotive and/or train movements has cleared or a period of five (5) minutes has elapsed between locomotive and/or train movements whichever shall be the longer period of time.

(C) Each offense under this Section shall be a separate violation punishable by a fine of not more than Five Hundred ($500) Dollars or by imprisonment for not more than ninety (90) days, or by both such fines and imprisonment in the discretion of the court.

4-19.3 Maintenance of Railroad Crossings.

(A) It shall be unlawful for the railroad company owning or having control over railroad tracks crossing any public street or highway within the City at grade to fail and neglect to keep in repair and maintain in a smooth and passable condition at all times that portion of the tracks and the street or highway between the tracks and for a distance outside the tracks of one (1) foot beyond the end of the ties with material which shall be as durable and smooth as the adjacent highway surfacing, and further to keep in repair and maintain in a safe and passable condition any crosswalks across and between the tracks for use of pedestrians which may be adjacent to such public street or highway.

(B) For failure and neglect to keep in repair and properly maintain grade crossings or crosswalks as provided in Paragraph A above, the railroad shall be liable to a penalty of not less than Five ($5) Dollars nor more than Fifty ($50) Dollars for each and every day that the company shall fail, neglect, or refuse to perform such repairs and maintain the grade crossing and/or walk after demand to do so by the City.

4-20 MOTOR CARRIER SAFETY 4-20.1 Vehicle Weight Limit. Sections 223, 225, 256, 328, 643a; and Sections 717 through 726a inclusive of Act No. 300 of the Public Acts of 1949, as amended, being Sections 257.223, 257.225, 257.256, 257.328, 257.643a; and Sections 257.717 through 257.726a of Michigan Compiled Laws, are hereby adopted and incorporated in this Chapter by reference.

4-20.2 Motor Carrier Safety. Act No. 181 of the Public Acts of 1963, as amended, known as the "Motor Carrier Safety Act of 1963", being Sections 480.11 et seq. of Michigan Compiled Laws and the rules promulgated pursuant to said Act by the Department of State Police, Motor Carrier Division, are hereby adopted and incorporated herein by reference.

4-20.3 License Requirement. No person shall act as a motor carrier in the City unless the person is the holder of an unrevoked license and decal license issued pursuant to Act No. 119 of the Public Acts of 1980, as amended, ("Motor Carrier Fuel Tax Act"). The license shall be affixed to the right-hand side of the cab of every commercial vehicle while it is being operated in the City by a licensed motor carrier.

4-20.4 Copies Available. Complete copies of Act No. 300 of the Public Acts of 1949, as amended, ("Michigan Vehicle Code"); Act No. 181 of the Public Acts of 1963, as amended, ("Motor Carrier Safety Act of 1963"); and Act No. 119 of the Public Acts of 1980, as amended, ("Motor Carrier Fuel Tax Act") shall be available at the office of the City Clerk for inspection by the public.

4-20.5 Vehicle Safety Inspection Program. The Chief of Police may establish and maintain a voluntary motor carrier safety inspection program. This program may include the placing of inspection stickers on vehicles which successfully pass all criteria established for this program. Motor carriers may request that the Police Department make a vehicle safety inspection of any truck, truck tractor or trailer. Motor carriers may be assessed an administrative fee, as determined by the Chief of Police, to cover the cost of inspection for each motor vehicle, trailer or a combination of trailers inspected.

4-20.6 Enforcement. Any police officer having reason to believe that a vehicle or load is in violation of any provision of this Chapter may require the driver of the vehicle to stop, and the officer may investigate, weigh or measure the vehicle or load. If after personally investigating, weighing or measuring the vehicle or load, the officer determines that the vehicle or load is in violation of the provisions of this Chapter, the officer may temporarily detain the driver of the vehicle for purposes of making a record or vehicle check, may make an arrest for any violation of this Chapter, and may proceed as otherwise provided in this Chapter.

4-20.7 Penalties. Every person convicted of a violation or found to be in violation of this Chapter or any rule or regulation adopted or issued pursuant to the provisions of this Chapter shall be subject to the fine and/or other penalties as provided under the applicable provisions of Sections 4-17.1 and 4-17.2 of this Chapter.

4-21 ANIMAL CONTROL. 4-21.1 Dog Kennels. Any person who shall own or keep upon his or her premises more than three (3) dogs, other than dogs under four (4) months of age, shall be deemed the operator of a dog kennel. It is unlawful to operate a dog kennel in the City without having first secured a license to operate a kennel.

4-21.2 Application for Kennel License. Any person desiring to operate a dog kennel shall file application upon such form as may be prescribed by the City Manager which application shall show that the proposed kennel and its operation will not violate any provisions of the laws of this State or this Code. If it appears that the kennel and its operation will comply with State laws and this Code, the City Clerk shall issue a kennel license to the applicant upon the payment of a fee of One Hundred Fifty ($150) Dollars. The license shall permit the operation of a dog kennel for a period of one (1) year from the date of its issuance unless previously revoked. Any violation of this Chapter shall constitute sufficient cause for the revocation of a kennel license.

4-21.3 Requirements for Kennel License. No person shall be licensed to operate a kennel in the City unless upon the following condition and under the following requirements, limitations and regulations:

CHAPTER 4 POLICE REGULATIONS

(2017) 4-24

(A) No kennel shall be operated within less than two thousand (2,000) square feet of open ground or enclosed building available and in use for dogs to be maintained in the kennel.

(B) All kennels located within one thousand (1,000) feet of any dwelling house or within one thousand (1,000) feet of any property known as "residential" property under the provisions of Chapter 30 of this Code shall also have provided a completely enclosed building within which such dogs shall be confined each day during the time between sunset and 9:00 a.m. of the following day. The enclosed buildings shall be constructed and maintained as nearly soundproof as may be through ordinary building construction.

(C) All of the outdoor enclosure of a kennel shall be enclosed behind wire fencing and heavy shrubbery or behind solid fencing of at least eight (8) feet in height so that there shall be a complete barricade to sight from inside of the enclosure to the outside.

(D) If more than four (4) dogs are maintained or kept in a kennel, the ground area required under Subparagraph (1) of this Section shall be increased by four hundred (400) square feet for each additional dog over four (4) months of age.

(E) All kennel dogs shall be fed, maintained and housed in separate compartments and separate outdoor runways so that each dog may not come in physical contact with or see other dogs except when breeding is taking place, or in the case of a female dog and her puppies.

(F) All inside and outside spaces shall be completely and entirely cleaned of all refuse matter at least twice per day.

(G) Kennels may be maintained and operated only within areas permitted under the provisions of Chapter 30 of this Code.

(H) In case any kennel is located within five hundred (500') feet of one (1) or more buildings used or occupied as a residence, the dogs shall be continuously confined within the kennel building and not allowed to run at large or to be in the outdoor enclosure of the kennel.

4-21.4 Nuisance; Inspections. Dog kennel premises shall be maintained in a clean, sanitary condition at all times, and sanitary methods shall be used to obliterate or prevent any offensive odors. All dogs which are habitual barkers shall be confined inside an enclosed building at all times. The City Manager shall have the right to inspect a dog kennel at all reasonable hours.

4-21.5 Dogs under Reasonable Control of Owner or Keeper. (A) It is unlawful for any person who owns or keeps a dog to allow the dog to be upon the streets, alleys, or

other places, public or private within the City, unless the dog is at all times, under reasonable control of its owner, keeper, or some member of the owner's family. Any person harboring, keeping, possessing, or in charge of a dog shall immediately collect and dispose of in a sanitary manner all excrement or droppings left by such dog on any public property or on any private property not owned or lawfully occupied by such person.

(B) It is unlawful for the owner or keeper of any female dog to permit it to go beyond the premises of the owner or keeper when it is in heat unless the dog is held properly in leash.

4-21.6 Dogs Running at Large. Members of the Police Department and other persons authorized by the City Manager may seize, or cause to be seized, any dogs that may be running at large contrary to the provisions of this Chapter or any dog found within the City not having a metal license tag affixed to its collar as required by State statute. Dogs seized shall be delivered into the custody of the Dog Warden for impounding, and all dogs so impounded shall be under the care of the Dog Warden.

4-21.7 Barking Dogs. No person shall own, harbor, or keep any dog which by loud or frequent barking, howling, yelping, baying, growling, whining, or any other noise causes serious disturbance or annoyance to any resident of the City or becomes a nuisance in the neighborhood in which the dog is harbored or kept. Every dog in the City shall at all times between sunset of each day and sunrise of the following day be confined upon the premises of its owner or custodian except where such dog is otherwise under the reasonable control of some responsible person. Any police officer who witnesses a violation of this Section may issue an appearance ticket to the owner or custodian of the dog in question requiring the person to appear in District Court to answer to an alleged violation of this Section. Upon receiving sworn complaints by two (2) or more persons of different households residing in the vicinity where any dog is harbored or kept alleging that a person has violated the provisions of this Section, any police officer may issue an appearance ticket to the owner or custodian of the dog in question requiring such person to appear in the District Court to answer to an alleged violation. Any violation shall be considered a civil infraction and any person found to be responsible for a civil infraction under this Section shall pay a civil fine of not more than Two Hundred ($200) Dollars plus costs of the action. In the alternative, any alleged violation of this Section may be charged under the provisions of Section 4-21.13 of this Chapter.

4-21.8 Notice by Chief of Police. The Chief of Police may cause to be served on any person violating this Section a written notice requiring the person within twenty-four (24) hours to restrain a dog from running at large or causing serious disturbance or annoyance in the City.

4-21.9 Public Interference and Seizure. (A) No person shall remove a collar or license or inoculation tags attached to the collar except the owner of the

dog, the owner's agent or the Dog Warden.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-25

(B) No person shall interfere with, prevent or hinder any police officer, Dog Warden or other authorized person in the performance of his or her duties under the provisions of this Chapter.

(C) Any person who takes possession or control of any stray dog or dog belonging to another person shall within twenty-four (24) hours notify the Dog Warden or the Police Department.

4-21.10 Dangerous and Fierce Dogs. It is unlawful for any person who is the owner or possessor of any fierce or dangerous dog or any dog which habitually runs and barks at pedestrians, or at vehicles to permit the dog to go at large to the danger or the annoyance of any person unless the dog shall be upon a leash and under the immediate control of the owner or possessor when upon the streets, alleys, or other places, public or private in the City.

4-21.11 Licensing and Inoculation of Dogs. (A) Except for dogs confined in a duly licensed dog kennel, it shall be unlawful for any person to own or keep

any dog over the age of six (6) months that does not at all times wear a collar with a license tag attached in accordance with the laws of the State. Application for a license shall be accompanied by proof of vaccination of the dog for rabies within the year preceding the date of application or where the dog has been vaccinated with modified live rabies virus of chick embryo origin accompanied by proof of vaccination with such virus within two (2) years preceding the date of such application. Dog kennel owners shall be governed by applicable State law as to license and vaccination requirements.

(B) A certificate of inoculation in the form approved by the County Health Department shall be presented on demand at any time to any member of the Police Department. A metal tag for rabies shall be attached to the collar of each dog inoculated and shall be worn at all times.

4-21.12 Rabies, Bites and Quarantine. (A) It shall be the duty of any person who shall have in his or her possession a dog, cat, or other animal which

has contracted rabies or which has been attacked or bitten by another dog, cat, or other animal known to have been afflicted with rabies or showing symptoms of rabies or which has bitten any person to immediately notify either the Police Department, the Dog Warden, or the District Health Department that the person has the dog in his or her possession and it shall be his or her duty upon demand of any policeman, Dog Warden, Health Officer, or official of the District Health Department to surrender the dog to be held for observation.

(B) Whenever a dog is reported to have bitten any person, it shall be the duty of the Dog Warden to seize the animal and confine the same in a veterinarian hospital for a period of at least ten (10) days for the purpose of ascertaining whether the dog is afflicted with rabies, or the Dog Warden or any police officer may notify in writing the person owning or possessing any dog to confine same in a veterinarian hospital in the City or the vicinity thereof for a period of at least ten (10) days for the purpose of ascertaining whether such dog is afflicted with rabies and it shall be the duty of the owner of such dog to accomplish the confinement of the dog within twelve (12) hours of receiving notice. If the dog is afflicted with rabies it shall be destroyed under the direction of the Dog Warden. If the dog is not afflicted, it may be returned to its owner. In the event that any animal is confined under the provision of this Section, the owner shall be liable for any fees and costs which accrued because of the detention of the dog.

(C) It shall be unlawful for any person who owns or keeps a dog to allow the dog to be upon the streets, alleys, or other places, public or private, or about the premises of the owner or keeper during the periods of quarantine declared by the City Manager or other authorized person unless the dog be securely attached to a chain or leash and under the immediate control of the owner or keeper, or otherwise confined and restrained in accordance with the provisions of the quarantine.

4-21.13 Complaint of Violation. Upon sworn complaint before the District Court that any one of the following facts exist:

(A) That a dog has destroyed property or habitually trespasses in a damaging way, or habitually commits a nuisance on property of persons other than the owner;

(B) That a dog has attacked or bitten a person.

(C) That a dog shows vicious habits and molests or annoys passerby when lawfully upon the public highway whether or not the dog is on a public highway;

(D) That a dog habitually runs or barks at pedestrians, other domestic animals, or vehicles;

(E) That a dog habitually howls, barks, whines or bays to the serious disturbance or annoyance of the public;

(F) That a person is keeping a dog under such unsanitary conditions that create vile odors to the annoyance of the public in the vicinity;

(G) That a dog is running at large in violation of the terms of any lawful quarantine relating to rabies;

The Court shall issue a summons to the owner, or person in possession of the dog or dogs commanding him or her to appear before the Court and show cause why the dog or dogs should not be removed or otherwise disposed of. The summons shall be made returnable not less than six (6) nor more than twelve (12) days from the date and shall be served at least two (2) days before the time of appearance in Court. Upon the return date fixed in the summons, or upon adjournment, the Court shall proceed to determine the complaint, and if the Court shall find the allegations to be true, the Court may either order the dog(s) disposed of or may order the dog(s) confined to the premises of the owner, or may make another order with reference to the matter complained of as appears to be just. If the complaint sets forth the unsanitary keeping of a dog, the Court may also make such order as it shall determine to be necessary

CHAPTER 4 POLICE REGULATIONS

(2017) 4-26

to abate the unsanitary condition of the premises upon which the dog is kept. If the owner of the dog disobeys the order and fails to abide by the provisions within ten (10) days following the entry, the owner shall be liable to be punished under Section 4-21.20. Costs as in civil cases shall be taxed against the owner of the dog or dogs and collected by the City.

4-21.14 Responsibility for Damage Caused By Domestic Animals and/or Fowls. It is unlawful to permit any horse, ass, mule, swine, sheep, goat, cow or other domestic animal, geese, chickens or other domestic fowl to run at large anywhere in the City.

4-21.15 Detention of Domestic Animals and/or Fowls at Large. Any police officer may detain, in some convenient place authorized by the City Manager, any horse, ass, mule, swine, sheep, goat, cow or other domestic animal, and any goose, chicken or other domestic fowl running at large in the City, and the owner of the domestic animal or fowl shall be required to pay all costs related to the detention.

4-21.16 Housing for Rabbits and Domestic Fowl. It is unlawful for any person to keep any rabbits, chickens, ducks, geese, or any poultry in the City unless the same be kept in a sanitary condition and in an enclosed yard or coop which shall be located not less than twenty (20) feet from the street line nor located within such a distance as to jeopardize the health and welfare of the occupants of the adjacent approved or adjoining property, the distance to be determined and approved by the City Manager.

4-21.17 Swine Permit. It is unlawful for any person to keep upon any premises in the City, any swine without a special permit from the City Commission which permit shall be granted only upon the written application of the person desiring the permit, and the application shall specify the location of the premises upon which it is proposed to keep swine and the number desired to be kept, and the permit, if granted, shall state the location of the premises and the number of swine allowed to be kept, and it shall not be lawful to keep swine upon any other premises nor any greater number than specified in the permit.

4-21.18 Horses and Farm Animals. It is unlawful for any person to keep upon any premises in the City any horse of other farm animal on any premises having an area of less than five (5) acres or to keep such animal in any building or enclosed area within three hundred (300) feet of any building or enclosed area within three hundred (300) feet of any building or structure used for residential purposes other than the residence of the owner of the animal.

4-21.19 Cruel and Inhumane Treatment. No person shall treat a dog or other animal or fowl in a cruel or inhumane manner, or willfully or negligently cause or permit any dog, other animal or fowl to suffer unnecessary torture, abuse, or pain.

4-21.20 Penalty for Violation. Any person violating or failing or refusing to comply with an order of the District Court as set forth in Section 4-18.13 or for violation of this Chapter shall, upon conviction, be punished as prescribed in Chapter 1 of this Code.

(A) Civil Infractions. In addition to any other penalty for violation of this Chapter, a person who violates any provision of this Chapter is responsible for a municipal civil infraction, subject to the payment of a civil fine of not less than Fifty ($50) Dollars plus costs and other sanctions for each infraction. Repeat offenses under this Chapter shall be subject to increased fines as provided in Chapter 1 of this Code.

4-22 DANGEROUS DOGS 4-22.1 Purpose and Intent. The purpose of this Section is to promote the public health, safety, and general welfare of the citizens of the City of Three Rivers. It is intended to be applicable to "dangerous" dogs, as defined in this Section.

4-22.2 Definitions. When used in this Section, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(A) Animal Control Officer means any person employed or appointed by the City who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this Section.

(B) Dangerous dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of its owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that according to the records of either the St. Joseph County Animal Shelter, the City’s Police Department, or any law enforcement agency:

(1) Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the Animal Control Officer or any agency referenced in this Subsection (b);

(2) Has more than once severely injured or killed a domestic animal while off the owner's property; or

(3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.

(C) Impoundment means the taking or picking up and confining of a dog by the Animal Control Officer or any public officer or other authorized City employee under the provisions of this Section.

4-22.3 Keeping of Dangerous Dogs.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-27

(A) It shall be unlawful for any person to own, possess, or have custody of, on his premises, any dangerous dog for any purpose.

(B) Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Animal Control Officer to fail to comply with the requirements and conditions set forth in this Subsection. Any dog found to be in violation of this Subsection shall be subject to immediate seizure and impoundment.

(C) This Section shall not apply to any veterinary clinic or licensed boarding kennel.

4-22.4 Immediate Impoundment. (A) A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when

the Animal Control Officer determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered when the dog bites a person or domestic animal.

(B) The owner or custodian of the dog immediately impounded pursuant to Subparagraph (a) shall be notified of the impoundment.

4-22.5 Continuation of Dangerous Dog Declaration. Any dog that has been declared dangerous by the City, another municipality, county, or state shall be subject to the provisions of this Section for the remainder of its life.

CHAPTER 4 POLICE REGULATIONS

(2017) 4-28

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 5-26

CHAPTER 5 - GENERAL LICENSING, REGISTRATION & PERMITS

5-1 DEFINITIONS as used in this Chapter:

Arcade means an amusement center wherein a variety of coin-operated amusement devices in a ratio of not less than five (5) fully operational amusement devices for each pool or billiard table placed or kept for use or play by the public.

Business means any marketing activity conducted for sale of goods, wares, merchandise or services.

Cause means the doing or omitting of any act, or permitting any condition to exist in connection with any trade, profession, business, or privilege for which a license is granted under the provisions of this Code, or upon any premises or facilities used in connection therewith which act, omission or condition is:

(A) Contrary to the health, morals, safety or welfare of the public.

(B) Unlawful, irregular or fraudulent in nature.

(C) Unauthorized or beyond the scope of the license or permit granted.

(D) Forbidden by the provisions of this Code or any duly established rule or regulation of the City applicable to the trade, profession, business or privilege for which the license or permit has been granted.

Coin Operated Amusement Device means any machine or device operated by means of insertion of a coin for the purpose of amusement or skill.

5-2 GENERAL LICENSING. 5-2.1 Licenses Required. No person shall engage, or be engaged in the operation, conduct or carrying on of any trade, profession, business or privilege for which any license is required by any provisions of this Chapter without first obtaining a license from the City in the manner provided for in this Chapter.

5-2.2 Multiple Businesses. The granting of a license or permit to any person operating, conducting, or carrying on any trade, profession, business or privilege which contains within itself or is composed of trades, professions, businesses or privileges which are required by this Chapter to be licensed shall not relieve the person to whom a license or permit is granted from the necessity of securing individual licenses or permits from each such trade, profession, business or privilege.

5-2.3 State Licensed Businesses. The fact that a license or permit has been granted to any person by the State to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall not exempt the person from the necessity of securing a license or permit from the City if a license or permit is required by this Chapter.

5-2.4 License Application. Unless otherwise provided in this Code, every person required to obtain a license from the City to engage in the operation, conduct or carrying on of any trade, profession, business or privilege shall make application for the license to the City Clerk upon forms provided by the Clerk and shall state under oath or affirmation the facts, as may be required for, or applicable to, the granting of the license.

5-2.5 License Year. Except as otherwise provided as to certain licenses, the license year shall begin January 1 of each year and shall terminate at 12:00 midnight on December 31. Original licenses shall be issued for the balance of the license year at the full license fee. License applications for license renewals shall be accepted, and licenses issued for a period of fifteen (15) days prior to the annual expiration date. In all cases where the provisions of this Code permit the issuance of licenses for periods of less than one (1) year, the effective date of the licenses shall commence with the date of issuance.

5-2.6 Conditions for Issuance. No license or permit required by this Code shall be issued to any person who is required to have a license or permit from the State until the person shall submit evidence of the State license or permit and proof that all fees have been paid. No license shall be granted to any applicant until the applicant has complied with all of the provisions of this Code applicable to the trade, profession, business or privilege for which application for license is made.

5-2.7 Certification. (A) Certification Required. No license shall be granted where the certification of any officer of the City is

required prior to the issuance until the certification is made.

(B) Fire Chief's Certificate. In all cases where the certification of the Fire Chief is required prior to the issuance of any license by the City Clerk, the certification shall be based upon an actual inspection and a finding that the premises in which the person making application for the license proposes to conduct or is conducting the trade, profession, business or privilege comply with all the fire regulations of the State and of the City.

(C) Police Chief's Certificate. In all cases where the certification of the Chief of Police is required prior to the issuance of any license by the City Clerk, the certification shall be based upon a finding that the person making application for the license is of good moral character.

(D) Building Official's Certificate. In all cases where the carrying on of the trade, profession, business or privilege involves the use of any structure or land, a license shall not be issued until the Building Official

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-2

shall certify that the proposed use is not prohibited by Chapter 30 of this Code or other zoning regulations of the City.

5-2.8 Bonds. Where the provisions of this Code require that the applicant for any license or permit furnish a bond, the bond shall be furnished in an amount deemed adequate by the proper City officer, or where the amount is specified in the Schedule of Fees authorized by this Code, in the amount so required. The form of such bond shall be acceptable to the City Attorney. In lieu of a bond, an applicant for a license or permit may furnish one (1) or more policies of insurance in the same amounts and providing the same protection as called for by the required bond. Policies of insurance shall be approved as to substance by the City official issuing the license or permit and as to form by the City Attorney.

5-2.9 Fee Schedule. The fee required to be paid to obtain any license to engage in the operation, conduct, or carrying on of any trade, profession, business or privilege for which a license is required by the provisions of this Code shall be as provided in Section 6-4 of Chapter 6 of this Code. No license shall be issued to any applicant unless he or she first pays to the City Clerk the fee and posts a bond or evidence of insurance coverage in the amount required for the type of license desired.

5-2.10 Late Renewals. All fees for the renewal of any license which are not paid at the time the fees shall be due shall be paid as "late fees" with an additional twenty-five (25%) percent of the license fee required pursuant to Section 6-4 of Chapter 6 of this Code for the first fifteen (15) days that the license fee remains unpaid, and thereafter the license fee shall be that prescribed for the license plus fifty (50%) percent of the required fee.

5-2.11 Right To Issuance. If the application for any license is approved by the proper officers of the City as provided in this Code, the license shall be granted and shall serve as a receipt for payment of the fee prescribed for the license.

5-2.12 Fees Paid. The fee required by this Code for any license or permit shall be paid at the office of the City Treasurer upon or before the granting of the license or permit.

5-2.13 Exempt Persons. No license fee shall be required from any person exempt from a license fee by State or Federal law. Persons exempt shall comply with all other provisions of this Chapter. The City Clerk shall in all exempt cases issue to the person exempt a license which is clearly marked as the exemption and the reason for the exemption.

5-2.14 Suspension or Revocation. Any license issued by the City may be suspended or revoked by the City Manager for cause. Any person whose license has been suspended or revoked shall have the right to a hearing before the City Commission, provided a written request is filed with the City Clerk within five (5) days after receipt of a notice of suspension or revocation. The City Commission may confirm the suspension or revocation or reinstate any license. The action taken by the Commission shall be final. The same procedure shall apply where a license application is denied. Upon suspension or revocation of any license, the fee shall not be refunded. Except as otherwise specifically provided in this Code, any person whose license has been revoked shall not be eligible to apply for a new license for the trade, profession, business or privilege for a period of one (1) year after the revocation.

5-2.15 License Renewal. Unless otherwise provided in this Code, an application for renewal of a license shall be considered in the same manner as an original application.

5-2.16 Display of License. (A) Exhibition Required. No licensee shall fail to carry a license issued in accordance with the provisions of

this Chapter upon his or her person at all times when engaged in the operation, conduct or carrying on of any trade, profession, business or privilege for which the license was granted; except that where the trade, profession, business or privilege is operated, conducted or carried on at a fixed place or establishment, the license shall be exhibited at all times in some conspicuous place in his or her place of business. Every license shall produce his or her license for examination when applying for a renewal or when requested to do so by any City police officer or by any person so authorized by the City Manager.

(B) Exhibition on Vehicle and Machine. No licensee shall fail to display conspicuously on each vehicle or mechanical device or machine required to be licensed by this Code tags or stickers as furnished by the City Clerk.

(C) Displaying Invalid License. No person shall display any expired license or any license for which a duplicate has been issued.

5-2.17 Transferability; Misuse. No license issued under the provisions of this Code shall be transferable unless specifically authorized by the provisions of this Code. No licensee shall transfer or attempt to transfer his or her license to another unless specifically authorized by the provisions of this Code nor shall he or she make any improper use of the license.

5-3 ARCADES 5-3.1 License Required. No person shall engage in the business of operating an arcade without first obtaining approval of the City Commission and the proper license therefor in accordance with the provisions of this Code. Application for a license shall be filed in writing with the City Clerk on a form to be provided by the City and shall specify:

(A) The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses together with previous addresses for the preceding five (5) year period.

(B) The address of the premises where the arcade is to be operated.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-3

(C) The trade name and general description of each amusement device to be used in the arcade.

(D) The applicant's prior business experience in the operation of an arcade and previous business or occupation during the preceding five (5) years.

(E) A list of all criminal convictions and an authorization for the City to conduct any further investigation it deems necessary.

5-3.2 Investigation of Applicant. An application for an arcade license shall first be referred by the City Clerk to the Chief of Police who shall cause the applicant or principal officers of the applicant to be fingerprinted. The Chief shall conduct such background investigation as he or she deems necessary to evaluate the moral character of the applicant. The Chief of Police shall file a report of his or her investigation with the City Manager who shall report to the City Commission with a recommendation for approval or denial of the license application.

5-3.3 Employee and Agents of Licensee. All persons employed in an arcade shall be of adult age, good moral character and subject to the same qualifications as a licensee.

5-3.4 Restrooms. Every arcade shall have on the premises separate restrooms for male and female customers.

5-3.5 Hours of Operation. No person shall operate an arcade before 8:00 a.m. or after 12:00 p.m. of any day.

5-3.6 Persons Prohibited. Unless accompanied by his or her parents or legal guardian, no person who is less than twelve (12) years of age, may remain or loiter in or about any premises licensed as an arcade, nor shall any licensee permit any school age person to remain in the arcade during the regular hours when the public schools in the City are in session. The licensee shall not permit any person to remain in or about the premises who appears to be under the influence of alcohol or any controlled substance.

5-3.7 Animals Prohibited. A licensee shall not permit animals in or about an arcade.

5-3.8 Gambling Prohibited. No games of chance or other forms of gambling shall be permitted in any premises licensed as an arcade.

5-3.9 Dancing Prohibited. No dancing or live entertainment shall be permitted in any premises licensed as an arcade.

5-3.10 Food and Drink. Dispensing of food or drink within any premises licensed as an arcade will be permitted only if properly licensed as a food establishment in compliance with applicable State laws.

5-3.11 Exterior Windows. All exterior windows of an arcade premises shall be kept clear and open to public view into the premises. No curtains or any type covering shall be placed upon or over windows.

5-3.12 Use and Occupancy Requirements. Unless the provisions of this Chapter provide a different or more stringent requirement, all special use and occupancy requirements of this Code shall apply to arcades.

5-3.13 Suspension or Revocation of License. Any license issued pursuant to this Chapter may be suspended or revoked in accordance with the provisions of this Code.

5-4 TRANSIENT MERCHANT. 5-4.1 Definitions as used in this Section 5-4:

Temporary Business means the retail sale of goods, wares, merchandise or services within the City located in a permanent structure unless the business personal property of the operator of the business shall have been assessed for taxation by the City during the current year.

Transient Merchant means the retail sale of goods, wares, merchandise or services within the City not located in a permanent structure or not conducting business on behalf of and solely for the benefit of a local non-profit organization.

5-4.2 Use of Required Area. Required accessory, off-street parking space in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, and/or storage of snow. Required off-street parking space can be occupied by Transient Merchants restricted as follows:

(A) No more than five (5%) percent of the off-street parking may be occupied at a facility open for business.

(B) No more than ten (10%) percent of the off-street parking may be occupied at a facility not open for business.

5-4.3 Permit Required. No person shall operate a temporary business within the City without a permit from the City Clerk. A temporary business permit shall not exceed fifteen (15) days with a thirty (30) day waiting period before application may be made for the business again. A Transient Merchant Permit shall not exceed ninety (90) days with no waiting period for a renewal application. The applicant's copy of the permit must be displayed so that it is visible from the street.

5-4.4 Application for Permit. Application for permit to operate a temporary business shall be made at the office of the City Clerk on forms provided by the City. The application shall be sworn to or affirmed and filed with the City Clerk at least twenty-four (24) hours prior to the time in which the permit applied for shall become effective. The application shall contain the following information:

(A) The name and address or headquarters of the person applying for the permit.

(B) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-4

(C) The name and address of the person or persons who will be in direct charge or conducting the temporary

business.

(D) The time within which the temporary business will be operated and the location of the business in the City.

(E) Any application for a permit must also be signed by the party on whose property the temporary business shall be located.

5-4.5 Investigation. The City Clerk shall examine each application for a permit and shall make, or cause to be made further investigation of the application and the applicant as the City Clerk shall deem necessary. The permit will be issued when the City Clerk determines the following facts:

(A) That all the statements made in the application appear to be true and correct.

(B) That the applicant has not engaged in any fraudulent transaction or enterprise.

(C) That the temporary business will not violate any zoning regulation or any other provisions of the City Code or Federal or State law.

5-4.6 Non-Profit Organizations. Any person selling or offering for sale any goods, wares or merchandise on behalf of and solely for the benefit of any recognized non-profit, charitable or religious purpose shall be granted a license without payment of the required fee after meeting all other requirements.

5-4.7 Permit Nontransferable. Any permit issued under this Section shall not be transferable.

5-5 SOLICITORS AND PEDDLERS 5-5.1 Definitions as used in this Section 5-5:

Peddler means any person whether a resident of the City or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, or personal property of any nature whatsoever, offering and exposing such property for sale, or making sales and delivering articles to purchasers, or who without traveling from place to place, sells or offers the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance.

Solicitor means any person whether a resident of the City or not traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking or attempting to take orders for the sale of goods, wares, and merchandise, or personal property of any nature whatsoever for future delivery, or for services whether or not such individual has, carries, or exposes for sale a sample of the subject of the sale, or whether such person is collecting advance payment for such sales or not.

5-5.2 Application for License. Written applications for licenses by solicitors and peddlers shall be made to the City Clerk, shall be sworn or affirmed, and shall contain the following information:

(A) Name and physical description of applicant.

(B) Local address and permanent address.

(C) A brief description of the nature of the business to be conducted and the goods to be sold.

(D) If applicant is employed, the name and address of the employer together with credentials establishing exact relationships.

(E) The length of time for which the right to do business is desired.

(F) If a vehicle is to be used, a description of the same together with vehicle license number or other means of identification.

(G) A statement as to whether or not the applicant has been convicted of any crime and if so, the nature of the offense.

An applicant for a solicitor's or peddler's license shall be fingerprinted and shall supply the Chief of Police with two photographs of the applicant taken within forty-five (45) days prior to the date of the filing of the application which photographs shall show the head and shoulders of the applicant in a clear and distinguishing manner.

5-5.3 License Fees. The fee for solicitors and peddlers shall be:

(A) The schedule of fees for licenses is set forth in Section 6-4 of Chapter 6 of this Code.

(B) Additional licenses may be issued to employees of a license holder upon payment of one-half of the above prescribed fee for each employee after approval and investigation by the City Clerk.

5-5.4 Regulations. A peddler or solicitor, or any agent or employee of a peddler or solicitor, shall not:

(A) Have any exclusive right to any location in the public streets, shall not be permitted a stationary location, and shall not be permitted to operate in any congested area where his or her operations might impede or inconvenience the public. For the purpose of this Chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-5

(B) Sell or offer for sale goods, wares, or merchandise from vehicles on any of the public streets of the City; provided however, that this prohibition shall not include the peddling from door to door or from vehicles of fresh food products of farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a regular route to regular customers.

(C) Solicit or peddle from 7:00 p.m. to 9:00 a.m. or at any time when a sign has been posted on a building stating "no solicitors or peddlers" or words to that effect except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he or she has received expressed prior written permission from such occupant to do so.

5-5.5 Charitable Solicitations. It shall be unlawful for any person to solicit within the City for a contribution of funds for a charitable, religious, educational, community, recreational or similar nonprofit purpose by means of calling upon places of residence or by means of direct personal contact in public places or upon public property without obtaining a license as provided in this Chapter. Any peddling or soliciting as defined in this Chapter by means of representation that all or a portion of the proceeds thereof are to be used for charitable, or similar nonprofit purpose, or are to be transmitted to any person, firm, or corporation for any such purpose is unlawful unless a license is first obtained as provided by this Chapter.

5-5.6 Exempt Persons. The following persons and organizations shall be exempt from the provisions of Sections 5-5.2 - 5-5.5 of this Chapter.

(A) Any person who shall have been a permanent resident of the City or a township adjoining the City (Fabius, Lockport, Park) for a continuous period of at least sixty (60) days.

(B) Any organization which shall have its headquarters or a regular place of business within the City or an adjoining township and an officer, agent, or duly appointed representative who shall have been a permanent resident of the City or an adjoining township for a continuous period of at least sixty (60) days.

5-5.7 Registration of Exempt Persons. Prior to soliciting or peddling, exempt persons and organizations as defined in Section 5-5.6, shall complete and file with the City Clerk a registration statement, to be provided by the Clerk containing the following information:

(A) The name and address of the registrant.

(B) Brief description of the nature of the peddling or soliciting to be conducted and the goods, merchandise or services offered for sale.

(C) If the registrant is employed, the name and address of the employer together with credentials establishing exact relationships.

(D) The length of time for which the registration is to be effective.

(E) If a vehicle is to be used, a description of the same together with vehicle license number or other means of identification.

5-5.8 Hours of Operation.

(A) Peddlers shall only conduct business between thirty (30) minutes after official sunrise to thirty (30) minutes before official sunset.

(B) Solicitors shall only conduct business between thirty (30) minutes after official sunrise to thirty (30) minutes before official sunset.

5-6 ESTABLISHMENT OF FARMERS MARKET. A farmer’s market to be known as the "Three Rivers Farmers Market" may be established and maintained by the City at a location to be determined by the City Commission.

5-6.1 Under City Manager's Direction; Rules and Regulations. The Farmers Market shall be under the direction of the City Manager. The City Manager may make such rules and regulations, not inconsistent with the provisions of this Chapter, for the conduct of the Farmers Market. The rules and regulations shall become effective when approved by the City Commission.

5-6.2 Market Days. The Farmers Market shall be open on such days and during such hours that shall be established by the City Manager with the approval of the City Commission.

5-6.3 Persons Who May Use. The Farmers Market may be used by persons who are offering for sale articles of their own raising or production; provided, however, articles may be sold in the Farmers Market by any member or members of the raiser or producer's family or their regular employees. Sales shall be made only at stalls or spaces designated by the City Manager.

5-6.4 Use by Charitable Organizations. Within guidelines recommended by the City Manager and approved by the City Commission, the Farmers Market may also be used by charitable, educational, or community service organizations; provided, however, that any such organizations desiring to use the Farmers Market shall first make application to the City Manager specifying the name of the organization, the purpose of the organization and any other such information that the City Manager may reasonably require; provided further that any organization desiring to use the Farmers Market for charitable purposes shall, in addition to complying with this Chapter and all rules and regulations adapted pursuant to this Chapter, comply with other City and State requirements concerning charitable solicitations.

5-6.5 Fees and Charges. The City Manager shall recommend and the City Commission shall approve a schedule of fees and charges for the rental of stalls and spaces in the Farmers Market and for any services furnished

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-6

or performed by the City in connection with the Farmers Market.

5-7 MASSAGE ESTABLISHMENT 5-7.1 Definitions as used in this Section 5-7. Employee means any person over eighteen (18) years of age, other than a massagist, who renders any service in connection with the operation of a massage establishment and receives compensation from the operator of the establishment or its patrons or customers.

Licensee means the person to whom a license has been issued to own or operate a massage establishment or the person to whom a license has been issued to act in the capacity of a massagist.

Massage means the treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating with the hands or with the aid of any mechanical and/or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided will pay money therefor.

Massage Establishment means any establishment which engages in the practice of massage and which has a fixed place of business where any person carries on the practice of massage. Massage establishment includes a massage parlor and any health club, health spa or physical fitness club or business that offers massages on occasion or incidental to its principal operation.

Massagist means any person who, for any consideration whatsoever, engages in the practice of massage, and includes a masseur and a masseuse.

Outcall Massage Service means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment.

Patron means any person over eighteen (18) years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or will give other consideration for the massage.

Prostitution means engaging in sexual activity as a business including:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Homosexual and other deviate sexual relations.

Public Nudity means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. A mother's breast-feeding of her baby does not under any circumstance constitute nudity irrespective of whether or not nipple is covered during or incidental to the feeding.

Recognized School/Massage School means any school or educational institution licensed to do business as a school or educational institution in the State in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession or work of massage.

Sexual or Genital Area means the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.

Student means any person who, under the guidance of an instructor in a massage school, is being trained or instructed in the theory, method or practice of massage.

5-7.2 Business License Required. No person shall engage in or carry out the business of massage unless he or she has a valid massage establishment license issued by the City pursuant to the provisions of this Section for each and every separate office or place of business where massage is provided.

5-7.3 Massagist’s License Required. No person shall practice massage as a massagist, employee or otherwise unless he or she has a valid and subsisting massagist’s license issued to him or her by the City.

It shall be the responsibility of an owner, operator, manager or licensee of a massage establishment to ensure that each person employed or engaged by him or her as a massagist shall have a valid massagist license pursuant to this Section.

5-7.4 Exemptions. This Section shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:

(A) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are fully licensed to practice their respective professions in this State.

(B) Nurses who are registered under the laws of this State.

(C) Barbers and cosmetologists who are duly licensed under the laws of this State except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer for cosmetic or beautifying purposes.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-7

In any prosecution for violation of this Section, the foregoing exemptions shall constitute affirmative defenses, and it shall be incumbent upon the defendant to show that he or she or the place involved are not subject to the provisions of this Section. The provisions of this Subsection shall not be deemed to shift the burden of proof of the violation to the defendant.

5-7.5 Application for Massage Establishment License. Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath with the City Clerk upon a form provided by the City and pay a non-refundable application investigation fee. The fee shall be set by resolution of the City Commission. The application shall contain the following information:

(A) A definition of massage service to be provided.

(B) The location, mailing address and all telephone numbers of the proposed massage establishment.

(C) The name and residence address of each applicant.

(1) If applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each shareholder owning more than ten (10%) percent of the stock of the corporation, the address of the corporation itself if different from the address of the massage establishment, and the name and address of a resident agent residing in St. Joseph County, Michigan.

(2) If applicant is a partnership, the names and residence addresses of each of the partners and the partnership itself if different from the address of the massage establishment, and the name and address of a resident agent residing in St. Joseph County, Michigan.

(D) The two (2) previous addresses immediately prior to the present address of the applicant.

(E) Proof that the applicant is at least eighteen (18) years of age.

(F) Individual or each partner applicant’s height, weight, color of eyes and hair, and sex.

(G) Copies of identification provided such as driver’s license and social security card.

(H) One portrait photograph of the applicant at least two (2) inches by two (2) inches and a complete set of applicant’s fingerprints which shall be taken by the Police Department. If the applicant is a corporation, one portrait photograph at least two (2) inches by two (2) inches of all officers and managing agents of the corporation and a complete set of the fingerprints of all officers and managing agents which shall be taken by the Police Department. If the applicant is a partnership, one front-face portrait photograph at least two (2) inches by two (2) inches in size of each partner, including each limited partner in the partnership, and a complete set of each partner or limited partner’s fingerprints which shall be taken by the Police Department.

(I) Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.

(J) The massage or similar business history of the applicant; whether the applicant or the officers, partners or managing agents of the applicant has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation.

(K) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted.

(L) The name and address of each massagist who will be employed in the proposed massage establishment.

(M) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught; provided, however, that if the applicant will not himself or herself engage in the practice of massage, he or she need not possess a diploma or certificate of graduation from a recognized school.

(N) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given pursuant to this Section wherein the business or profession of massage is carried on.

(O) A description of any other business to be operated on the same premises as the massage establishment or on adjoining premises owned or controlled by the applicant.

(P) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.

(Q) Other documentation or information necessary to discover or verify the truth of the information provided by the applicant or otherwise related to the application.

(R) The names, current addresses and written statements of at least three (3) bonafide permanent residents of the United States that the applicant is of good moral character. When possible, the statements must first be furnished from residents of the City, then the County, then the State of Michigan and lastly from the rest of the United States. These reference statements must be persons other than relatives and business associates of the applicant.

(S) All information required by this Section shall be provided at the applicant’s expense.

Upon the completion of the application and the furnishing of all foregoing information, the City shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the City of

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-8

each change in any of the data required to be furnished by this Section within ten (10) days after a change occurs.

5-7.6 Application for Massagist’s License. Every applicant for a license as a massagist shall file an application under oath with the City Clerk upon a form provided by the City and pay a non-refundable application investigation fee as set by resolution of the City Commission. The application shall contain the following information:

(A) The business address and all telephone numbers where the massage is to be practiced.

(B) Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant.

(C) Social security number, driver’s license number, if any, and date of birth.

(D) Applicant’s weight, height, color of hair and eyes, and sex.

(E) Written evidence that the applicant is at least eighteen (18) years of age.

(F) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance except misdemeanor traffic violations.

(G) Fingerprints of the applicant taken by the Police Department.

(H) Two front-face portrait photographs taken within thirty (30) days of the date of application and at least two (2) inches by two (2) inches in size.

(I) The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant.

(J) The massage or similar business history and experience ten (10) years prior to the date of application, including, but not limited to, whether or not the applicant has had any license or permit denied, revoked or suspended and the reasons therefore, and the applicant’s business activities or occupations subsequent to the action of denial, suspension or revocation.

(K) The names, current addresses and written statements of at least five (5) bonafide permanent residents, other than relatives, of the United States that the applicant is of good moral character. When possible, the statements must first be furnished from residents of the City, then the County, then the State of Michigan and lastly from the rest of the United States.

(L) A medical certificate signed by a physician licensed to practice in this State within ten (10) days of the date of the application. The certificate shall state that the applicant is free of communicable disease.

(M) Other documentation, information, or physical examinations of the applicant deemed necessary by the Chief of Police in order to discover the truth of the matters stated in the application.

(N) Authorization for the City to seek information and conduct an investigation into the truth of the statements in the application and the qualifications of the applicant for the license.

(O) Written declaration by the applicant under penalty of perjury that all information contained in the application is true and correct with declaration being duly dated and signed in the presence of the City Clerk.

(P) All information required by this Section shall be provided at the applicant’s expense.

5-7.7 License Procedures.

(A) Any applicant for a license pursuant to this Section shall present the application to the City Clerk. The application shall be referred to the Chief of Police who shall have thirty (30) days in which to review the application and investigate the background of the applicant. Based on the investigation, the Chief of Police shall render a recommendation as to the approval or denial of the license to the City Manager.

(B) Prior to making a recommendation, the Chief of Police shall consider:

(1) All of the applicant’s convictions, the reason for each conviction, and the demeanor of the applicant subsequent to his or her release;

(2) The license and permit history of the applicant; whether the applicant has previously operated in the City, elsewhere in this State or in another state under a license or permit; has had such license or permit revoked or suspended; and if so, the reasons for the revocation or suspension; and the demeanor of the applicant subsequent to any revocation or suspension.

(C) The premises proposed to be devoted to the massage establishment or similar business shall be inspected concerning compliance with the requirements of this Code and all applicable governmental laws and regulations. Reports of inspections with recommendations shall be made to the City Manager.

5-7.8 Issuance of License. The City Clerk shall issue a license for a massage establishment or a license for a massagist if all requirements for a massage establishment license or massagist license described in this Section are met unless it is found that:

(A) The correct license fee has not been tendered to the City and in the case of a check or bank draft honored with payment upon presentation.

(B) The operation as proposed by the applicant if permitted, would not comply with all applicable laws, including, but not limited to, building and zoning provisions of this Code and applicable health regulations.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-9

(C) The applicant if an individual, or any shareholder holding more than ten (10%) percent of the stock of a corporation; or any officer or director if the applicant is a corporation; or any partner, including a limited partner if the applicant is a partnership; or the holder of any lien, of any nature, upon the business; or the manager or other person principally in charge of the operation of the business have been convicted of any of the following offenses.

(1) An offense involving the use of force and violence upon the person of another that amounts to a felony.

(2) An offense involving sexual misconduct.

(3) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.

The City Clerk may issue a license to any person convicted of any crimes described in this Section if such conviction occurred at least five (5) years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this Section.

(D) The applicant has made any false or fraudulent statement of fact in his or her application or in any document required by the City in conjunction the application.

(E) The applicant has had a massage establishment license, massagist license or other similar permit or license denied, revoked or suspended by the City or any other similar permit or license denied, revoked or suspended or local agency or state within five (5) years prior to the date of the application.

(F) The applicant if an individual; or any officer or director if the applicant is a corporation; or any partner, including a limited partner if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business is not over the age of eighteen (18) years.

5-7.9 Approval or Denial of Application. The City Clerk shall act to approve or deny an application for a license under this Section within a reasonable period of time, and in no event, shall the City Clerk act to approve or deny a license later than ninety (90) days from the date that the application was accepted by the City Clerk. Every license issued pursuant to this Section shall be valid for one (1) year and must be renewed annually as required by this Section.

An applicant denied a license pursuant to the provisions of this Section may appeal to the City Commission in writing, stating reasons why the license should be granted. The City Commission may grant, deny or suspend a license after an appeal hearing. Appeal proceedings shall be as proscribed by this Code under Section 5-2.14 of this Chapter.

5-7.10 Records of Employees and Patrons.

(A) The licensee of a massage establishment or the person designated by the licensee shall maintain a register of all persons employed or engaged as massagists. Included in the register will be a copy of each massagist’s license. The register shall be available at the massage establishment to representatives of the City during regular business hours.

(B) Every patron of a massage establishment shall furnish proof of identity by showing a valid driver’s license, voter registration certificate or similar identification.

5-7.11 Revocation or Suspension of License. Any license issued for a massage establishment by the City may be revoked or suspended after notice and a hearing, for good cause, or in any case where any provision of this Section has been violated or where any employee of the licensee, including a massagist, is engaged in any conduct which violates the City Code or any local or State law at licensee’s place of business. Any license may also be revoked or suspended after notice and hearing upon the recommendation of a Health Department inspector based on a finding that a massage establishment is being managed, conducted or maintained without regard to proper sanitation and hygiene.

5-7.12 Revocation of Massagist License. A massagist license issued by the City may be revoked or suspended after notice and hearing where it is found that the massagist has been convicted of any offense which would be cause for denial of a license upon an original application; has made a false statement on an application for a license; or has committed an act in violation of this Section.

5-7.13 Renewal of License. Application to renew a license to operate a massage establishment or similar business or a massagist’s license shall be filed at least thirty (30) days prior to the date of expiration. The renewal shall be for one (1) year and shall be accompanied by the annual renewal fee.

(A) The applicant for the renewal of a license shall present the following information to the City Clerk:

(1) A sworn affidavit by the applicant stating that the matters contained in the original application have not changed, or if they have changed, specifically stating the changes which have occurred.

(2) A signed statement from a medical or osteopathic doctor stating that the applicant for a massagist license has been examined within the prior ninety (90) days and found to be free from any contagious or communicable disease which is likely to be communicated during the administration of a massage.

(B) The application shall be referred to the Chief of Police who shall investigate the criminal history of the applicant and each employee of the applicant holding a license as massagist since the grant of the original license.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-10

5-7.14 Massage Establishment Requirements. No license to conduct a massage establishment shall be issued unless inspectors of the City find that the establishment complies with each of the following minimum requirements:

(A) All provisions of applicable building, plumbing, fire, electrical and health codes have been fulfilled.

(B) A recognizable and readable sign in compliance with this Code shall be posted at the main entrance identifying the establishment as a massage establishment;

(C) There shall be no entrance or exit way which provides direct access to another type of business, residence or living quarters.

(D) During business hours, the establishment shall remain open and no exits, entrances or secondary doorways shall be locked or obstructed in any way to prevent the immediate free ingress or egress of persons.

(E) Minimum ventilation shall be provided in accordance with applicable building and construction codes.

(F) Minimum lighting shall be provided in accordance with applicable building and construction codes, and in addition at least one artificial light of not less than sixty (60) watts shall be provided in each enclosed room or booth where massage services are performed.

(G) Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room and, if clothing and personal property is not kept with the patron, a separate locker for each patron to be served which shall be capable of being locked as well as a minimum of one toilet and one wash basin shall be provided. If male and female patrons are to be served simultaneously at the establishment, separate massage rooms and separate dressing, bathing and toilet facilities shall be provided for male and female patrons.

(H) Construction of rooms used for toilets, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with applicable building and construction codes. Plumbing fixtures shall be installed in accordance with the applicable plumbing code.

(1) Steam rooms and shower compartments shall have waterproof floors, walls and ceilings.

(2) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer.

(3) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

(4) Wet and dry heat rooms, steam or vapor rooms, or steam and vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the establishment is in operation. Bathtubs and/or showers shall be thoroughly cleaned after each use.

(I) The establishment shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Nondisposable instruments and materials shall be disinfected after use on each patron.

(J) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept separate from the clean storage areas. No common use of towels or linens shall be permitted.

(K) A minimum of one separate washbasin with hot and cold water shall be provided in each establishment for the use of employees. The washbasin shall be located within or as close as practicable to the area devoted to the performing of massage services. Sanitary towels shall be placed in permanently installed dispensers near each washbasin as well as soap or detergent.

5-7.15 Operating Requirements for Massage Establishments.

(A) Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(B) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

(C) The establishment shall not have sleeping quarters. No beds, water mattresses, cots or equipment designed for sleeping shall be permitted at the establishment.

(D) No massage shall be performed in a private room which is completely closed off to the view of other persons nor fitted with a door capable of being locked or barred. Reasonable measures may be used to offer privacy to patrons such as partitions, walls, or curtains.

(E) All employees, including massagists and other employees attending patrons, shall be clean and wear clean uniforms covering their torso. Uniforms shall be neither transparent nor translucent and shall be of washable material and kept in a clean condition. Uniforms shall cover the person’s pubic area, perineum, buttocks, natal cleft and the entire chest to four (4) inches below the collarbone. Legs shall not be exposed more than two (2) inches above the knees.

(F) All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity. Sheets and towels shall be laundered after each use thereof and shall be stored in a sanitary manner.

(G) No massage establishment shall place, publish or distribute or cause to be placed, published or distributed

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-11

any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to patronize or use massage services.

5.7-16 Persons under Age Eighteen (18) Prohibited on Premises. No person shall permit any person under the age of eighteen (18) years to come to or remain on the premises of any massage establishment, as a massagist, employee or patron unless person is on the premises for a lawful business purpose.

5-7.17 Alcoholic Beverages Prohibited. No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any massage establishment.

5-7.18 Hours. No massage establishment shall be open for any purposes between the hours of 2:00 a.m. and 8:00 a.m.

5-7.19 Employment of Massagist. No person shall employ as a massagist any person unless the person employed has a valid license issued pursuant to this Section.

5-7.20 Inspection Required. The Chief of Police or other authorized inspectors of the City shall from time to time make inspection of each massage establishment for the purposes of determining that the establishment is in full compliance with the provisions of this Section. It shall be unlawful for a licensee to refuse admittance to an inspection officer or hinder the officer in the performance of an inspection.

5-7.21 Unlawful Acts.

(A) It shall be unlawful for any person working in a massage establishment to treat a person of the opposite sex except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments not to exceed ten (10). The date and hour of each treatment given and the name of the massagist shall be entered on each such order by the person in charge of the massage establishment where the treatments are given. The order for treatment by a massagist may be inspected by the Chief of Police or other authorized inspector of the City. The requirements of this Subsection shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.

(B) In a massage establishment, it shall be unlawful for any person to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage the sexual or genital area of any other person.

(C) In a massage establishment, it shall be unlawful for any person to expose his or her sexual or genital area, or any portion thereof to any other person.

(D) In a massage establishment, it shall be unlawful for any person while in the presence of any other person to fail to conceal with a fully opaque covering the sexual or genital area of his or her body.

(E) It shall be unlawful for any person owning, operating or managing a massage establishment, or any agent, employee, or any other person under his or her control or supervision to perform the acts prohibited in Subsections (A), (B) or (C) above.

(F) It shall be further unlawful to administer massage as an outcall massage service. A massagist shall administer massage solely within a massage establishment licensed under this Section. Any violation of these provisions shall be deemed grounds for revocation of the person’s massagist’s license. The prohibition of outcall massage service shall not apply to a licensee who provides outcall massage service upon a customer or client who is physically unable to travel to the massage establishment because of reasons of physical defects or incapacities or due to illness. If any outcall massage service is performed under this exception, a record of the date and hour of each treatment, and the name and address of the customer or client, and the name of the massagist administering the treatment and the type of treatment administered as well as the nature of the physical defect, incapacity or illness of the client or customer shall be kept by the licensee or a person or employee designated by the licensee. Records shall be open to inspection by officials charged with the enforcement of public health laws and the Chief of Police or other authorized representatives of the City. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the business or the City shall be unlawful.

(G) It shall be unlawful for any massage to be performed within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked.

5-7.22 Sale, Transfer or Change of Location. The sale, transfer or relocation of a massage establishment shall automatically terminate the license to operate the establishment unless there shall have been full compliance with the provisions of this Section. It shall be the duty of all owners or licensees having knowledge of the sale, transfer or relocation of a massage establishment to immediately report the sale, transfer or relocation to the City Clerk. The failure to do so shall result in an immediate suspension of the license to operate the massage establishment.

5-7.23 Name and Place. No person granted a license pursuant to this Section shall operate the massage establishment under a name not specified in their license, nor shall the massage establishment be conducted under any designation or at any location not specified in the license.

5-7.24 Transfer of License. No license shall be transferable except upon the recommendation of the City Manager and with approval of the City Commission. An application for a transfer of license shall be in writing and shall be accompanied by required transfer fee. The written application for a transfer shall contain the same

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-12

information as required for initial application for a license.

5-7.25 Violation and Penalty. Any person expect those who are specifically exempted by this Section, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as an agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage establishment or any service defined in this Section without first obtaining a license and paying the required fee or who shall violate any provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imposition of a fine not to exceed Five Hundred Dollars ($500) and/or by imprisonment for a period not to exceed ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense.

5-8 SEXUALLY ORIENTED BUSINESSES 5-8.1 Definitions as used in this Section 5-8 Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult Bookstore means a commercial establishment:

Which as one of its principal business purposes offers for sale or rental, for any form of consideration, any one (1) or more of the following:

(A) Books, magazines, periodicals or other printed matter, which depict or describe specified sexual activities or specified anatomical areas; or

(B) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding condoms and other birth control and disease prevention products.

(C) Which regularly excludes all minors from the premises or a Section thereof because of the sexually explicit nature of the items sold, rented or displayed therein.

Adult Cabaret means a nightclub, bar, restaurant or similar commercial establishment or any other commercial establishment which regularly features:

(A) Persons who appear in a state of nudity; or

(B) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(C) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Motel means a hotel, motel or similar commercial establishment which:

(A) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

(B) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(C) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

Employee means an individual working or performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.

Established or Establishment mean and include any of the following:

(A) The opening or commencement of any sexually oriented business as a new business;

(B) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(C) The addition of any sexually oriented business to any other existing sexually oriented business; or

(D) The relocation of any sexually oriented business.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.

Nonporous excludes any wood, plywood, composition board or other porous material.

Nudity or a State of Nudity means:

(A) The appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-13

breast; or

(B) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast.

(C) Includes the term "public nudity" as defined in Section 5h (2) of Act 279 of 1090 as amended (the "Home Rule Act").

(D) A mother's breast-feeding of her baby does not under any circumstances constitute nudity irrespective of whether or not the nipple is covered during or incidental to the feeding.

Operate or Causes to be Operated means to cause to function or to put or keep in operation.

Operator means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business. Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexually Oriented Business means an adult arcade, adult bookstore, adult cabaret, adult motel, or any combination of such businesses.

Specified Anatomical Areas means:

(A) Human genitals in a state of sexual arousal;

(B) The appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or

(C) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.

Sexual Activities Specified means and includes any of the following:

(A) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(B) Sex acts, normal or perverted, actual or simulated including intercourse, oral copulation, or sodomy;

(C) Masturbation, actual or simulated; or

(D) Excretory functions as part of or in connection with any activities set forth in (1) through (3) above.

Transfer of Ownership or Control of a Sexually Oriented Business means any of the following:

(A) The sale, lease, or sublease of the business;

(B) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(C) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Viewing Room means the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, or other video reproduction.

5-8.2 Classification. Sexually oriented businesses shall be classified as follows:

(A) Adult arcades;

(B) Adult bookstores;

(C) Adult cabarets;

(D) Adult motels; and

(E) Any combination of classifications set forth in items (A) through (D) above.

5-8.3 License Required.

(A) It shall be unlawful for any person to operate a sexually oriented business without a valid license issued by the City Clerk for the particular type of business, or to employ a person who is not licensed as a sexually oriented business employee, as provided by Subsection (B) of this Section or who is not authorized to work or perform services pursuant to Subsection (C) of this Section.

(B) Except as provided in Subsection (C) of this Section it shall be unlawful for any person to be an employee of a sexually oriented business without a valid license. The provisions of this Subsection shall not apply to an employee of an adult bookstore unless such bookstore is operated in combination with one (1) or more businesses classified as (A), (C) or (D) of Section 5-8.2, or to such adult bookstore's operator if the operator is not required to comply with Section 5-8.13.

(C) Upon receipt by the City Clerk of his or her application for a sexually oriented business employee license, an applicant may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final pursuant to Section 5-8.10. Upon receipt of the applicant's

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-14

completed application for an employee license, the City Clerk shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services and produce such permit for inspection upon request by a law enforcement officer or other authorized City official.

(D) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Clerk an application made on a form prescribed and provided by the City Clerk. The applicant shall be qualified according to the provisions of this Chapter. The application shall be signed under oath by the applicant and notarized. The application shall include, but not be limited to, the information called for in Items I through 8 below:

(1) The full true name and any other names used in the preceding five years.

(2) Current residential mailing address and telephone number.

(3) If the application is for a sexually oriented business license, the name, business location, business mailing address and phone number of the proposed sexually oriented business.

(4) Written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency.

(5) A photograph of the applicant and two sets of the applicant's complete fingerprints. The photograph and fingerprints shall be taken within the preceding one (1) month by a law enforcement agency and accompanied by a notarized verification by that agency.

(6) The issuing jurisdiction and the effective dates of any license or permit relating to a sexually oriented business whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefore.

(7) All criminal charges, complaints, information, or indictments in the preceding five (5) years which resulted in a conviction or a plea of guilty or no contest for any offense described in Section 5-8.3(A)(7) of this Chapter and committed in this State, or any offense committed outside this state which if committed in this state would constitute an offense described in Section 5-8.3(A)(7).

(8) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.

The information provided pursuant to Items 1 through 8 above shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(E) The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with Section 5-8.13 of this Chapter shall submit a diagram meeting the requirements of Section 5-8.13.

(F) If a person who wishes to operate a sexually oriented business is an individual, that individual shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 5-8.4 and each applicant shall be considered a licensee if a license is granted.

(G) The information provided by an applicant in connection with the application for a license under this Chapter shall be maintained by the City Clerk on a confidential basis except that such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function.

5-8.4 Issuance of License. (A) The City Clerk shall approve or deny the issuance of a license to an applicant for a sexually oriented

business license or a sexually oriented business employee license within thirty (30) days after receipt of an application. The City Clerk shall approve the issuance of a license unless one (1) or more of the following is found to be true:

(1) An applicant is under eighteen (18) years of age.

(2) An applicant or an applicant's spouse is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business or arising out of any other business activity owned or operated by the applicant or the applicant's spouse and licensed by the City.

(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this Chapter, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-15

(5) The license application fee required by this Chapter has not been paid.

(6) An applicant or the proposed establishment is in violation of applicable provisions of Chapter 30 of this Code (the "Zoning Ordinance").

(7) An applicant or an applicant's spouse:

(a) Has been convicted of any of the following offenses if committed in this State or any offense committed outside the State of Michigan which if committed in Michigan would constitute one of the following offenses:

>Criminal sexual conduct; >Indecent exposure; >Public sexual indecency; >Sexual abuse; >Sexual conduct with a minor; >Sexual assault; >Sexual assault of a spouse; >Molestation of a child. >Enticement of persons for purpose of prostitution; >Procurement by false pretenses of person for purpose of prostitution; >Procuring or placing persons in house of prostitution; >Receiving earnings of prostitute; >Causing spouse to become prostitute; >Taking child for purpose of prostitution; >Detention of persons in house of prostitution for debt; >Keeping or residing in house of prostitution; >Pandering; >Transporting persons for purpose of prostitution or other immoral purpose; >Child prostitution; >Prostitution; >Commercial sexual exploitation of a minor; >Sexual exploitation of a minor; >Portraying adult as minor; >Admitting minors to public displays of sexual conduct; >Public sexual activity; >Solicitation of public exposure; >Public display of explicit sexual material offensive to others;

>Permitting minors to enter premises wherein there is displayed explicit sexual material which is offensive to others.

(b) For which:

(i) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(ii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(iii) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

(C) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized City official.

5-8.5 Fees. The annual nonrefundable application fee for a sexually oriented business license and the annual application fee for a sexually oriented business employee shall be as specified by resolution of the City Commission.

5-8.6 Inspection

(A) An applicant, operator or licensee shall permit law enforcement officers, and any other federal, state, county or City agency in the performance of any function connected with the enforcement of this Chapter normally and regularly conducted by such agency to inspect the premises of a sexually oriented business for the

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-16

purpose of ensuring compliance with this Chapter at any time it is occupied or open for business.

(B) It shall be unlawful for a licensee, operator or employee of a sexually oriented business to refuse to permit a law enforcement officer or any agency enumerated in Subsection (A) of this Section to inspect the premises at any time the premises is occupied or open for business.

(C) The provisions of this Section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

5-8.7 Expiration of License. Each license shall expire on September 30 and may be renewed only by making application as provided in Section 5-8.2. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

5-8.8 Suspension. The City Manager shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if the City Manager determines that the licensee or an employee of the licensee has:

(A) Violated or is not in compliance with this Chapter or applicable provisions of Chapter 30 of this Code (the "Zoning Ordinance");

(B) Has been on the sexually oriented business premises while in an intoxicated or disorderly condition;

(C) Refused to allow an inspection of the sexually oriented business premises;

(D) Knowingly permitted gambling by any person on the sexually oriented business premises.

5-8.9 Revocation. (A) The City Commission may revoke a sexually oriented business license if a cause of suspension in Section

5-8.7 occurs and the license has been suspended within the preceding twelve (12) months.

(B) The City Commission may revoke a sexually oriented business license if the City Commission determines that:

(1) A licensee gave false or misleading information in the application.

(2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3) A licensee or an employee has knowingly allowed prostitution on the premises;

(4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(5) A licensee has been convicted of an offense listed in Section 5-8.3(A)(7)(a) for which the time period required in Section 5-8.3(A)(7)(b) has not elapsed;

(6) On two or more occasions within a twelve (12) month period a person or persons while in or on the licensed premises committed an offense listed in Section 5-8.3(A)(7) for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;

(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, to occur in or on the licensed premises; or

(8) A licensee is delinquent in payment to the City of taxes or fees related to the sexually oriented business or arising out of any other business activity in the City owned or operated by the licensee.

(C) The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(D) Subsection (B)(7) of this Section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, oral sexual contact, or sexual contact to occur in a public place or within public view.

(E) When the City Commission revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective. If, subsequent to revocation, the City Commission finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under Subsection (B)(5) of this Section, an applicant may not be granted another license until the appropriate number of years required under Section 5-8.3(A)(7)(b) has elapsed.

5-8.10 Hearing; Judicial Review. (A) If the City Manager determines that grounds exist for denial, suspension, or revocation of a license under

this Chapter, the City Manager shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, or, revoke, including a summary of the grounds therefor. The notification shall be by certified mail to the address on file with the City Clerk. Within ten (10) working days of receipt of such notice, the respondent may provide to the City Manager in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked and may include a request for a hearing. If a response is not received by the City Manager in the time stated, the denial, suspension or

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-17

revocation shall be final and notice of such will be sent to the applicant or licensee. Within five (5) working days after receipt of a response, the City Manager shall either withdraw the intent to deny, suspend, or revoke, and so notify the respondent in writing by certified mail or shall schedule a hearing before the City Commission and shall notify the respondent in writing by certified mail of the date, time and place of the hearing. The hearing shall be scheduled not less than ten (10) nor more than twenty (20) working days after receipt by the City Manager of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The rules of evidence shall not apply. The City Commission shall render a written decision within five (5) working days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent on file with the City Clerk. In no event shall more than forty-five (45) days elapse between receipt by the City Manager of a request for a hearing and mailing by the City Commission of a final decision to the respondent. An applicant or licensee may continue to work or perform services under his or her temporary work permit or license pending receipt of the final decision of the City Commission. The decision shall be final at the end of five (5) working days after it is mailed and shall constitute final administrative action.

(B) When the decision to deny, suspend or revoke a license becomes final, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to seek judicial review of the decision by the Circuit Court of St. Joseph County, Michigan.

5-8.11 Transfer of License. A licensee shall not transfer his or her license to another nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

5-8.12 Additional Regulations for Adult Motels. (A) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and

vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Chapter.

(B) It shall be unlawful for a person who is in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license to rent or sub-rent a sleeping room to a person, and within ten (10) hours from the time the room is rented, rent or sub-rent the same sleeping room again.

(C) For purposes of Subsection (B) of this Section, the terms rent or sub-rent mean the act of permitting a room to be occupied for any form of consideration.

5-8.13 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. (A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel,

which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:

(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2) The application shall be sworn to be true and correct by the applicant.

(3) No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the City Manager.

(4) It shall be the duty of the operator and of any employees present on the premises to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Paragraph (1) of this Subsection.

(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level. It shall be the duty of the operator and of any employees present on the premises to ensure that the illumination described above is maintained at all times that the premises is occupied or open for business.

(6) It shall be the duty of the operator and of any employees present on the premises, to ensure that no act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation occurs in or on the licensed premises.

(7) It shall be the duty of the operator and of any employees present on the premises to ensure that not more than one (1) person is present in a viewing room at any time. No person shall enter a

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-18

viewing room that is occupied by another person.

(8) It shall be the duty of the operator and of any employees present on the premises to ensure that no openings of any kind exist between viewing rooms. No person shall make or attempt to make an opening of any kind between viewing rooms.

(9) It shall be the duty of the operator or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms to immediately escort such persons from the premises.

(10) It shall be the duty of the operator or of any employee who discovers an opening of any kind between viewing rooms to immediately secure such rooms and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repair of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

(11) It shall be the duty of the operator during each business day to regularly inspect the walls between viewing rooms for openings of any kind.

(12) It shall be the duty of the operator and of any employee on the premises to initiate and enforce a no loitering policy in viewing rooms.

(13) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

(a) That no loitering is permitted in viewing rooms.

(b) That the occupancy of viewing rooms is limited to one (1) person.

(c) That sexual intercourse, oral sexual contact and sexual contact, including masturbation, on the premises is prohibited.

(d) That the making of openings between viewing rooms is prohibited.

(e) That violators will be required to leave the premises.

(f) That violations of the above Subparagraphs (b), (c) and (d) are unlawful.

(14) It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces with no rugs or carpeting.

(15) It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy are constructed of, or permanently covered by, nonporous, easily cleanable material.

(16) It shall be the duty of the operator to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:

(a) The operator shall maintain a regular cleaning schedule documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean.

(b) The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.

(c) Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.

(17) It shall be the duty of the operator to ensure any seating within a viewing room is designed so as to accommodate one person only.

(18) It shall be the duty of the operator to provide in a conspicuous place on the premises free information relating to the prevention of sexually transmitted diseases, including AIDS.

(19) The interior of the premises shall be configured in such a manner that there is no unobstructed view from a manager's station of every area of the premises, including the interior of each viewing room but excluding restrooms to which any patron is permitted access for any purpose. A manager's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subparagraph must be by direct line of sight from the manager's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises to ensure that the view area specified in this Subparagraph remains unobstructed by any doors, curtains, walls, merchandise, display, racks or other materials or enclosures at all times that any patron is present on the premises.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-19

(B) It shall be unlawful for a person having a duty under this Section to knowingly fail to fulfill that duty.

5-8.14 Loitering and Exterior Lighting and Monitoring Requirements. (A) It shall be the duty of the operator of a sexually oriented business to:

(1) Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses is located;

(2) Post conspicuous signs stating that no loitering is permitted on such property;

(3) Designate one (1) or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty (30) minutes or inspecting such property by use of video cameras and monitors; and

(4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premise is open for business. The monitors shall be installed within a manager's station.

(B) It shall be unlawful for a person having a duty under this Section to knowingly fail to fulfill that duty.

5-8.15 Penalties and Enforcement. Every person convicted of a violation of any provision of this Chapter or any rule or regulation adopted or issued pursuant to this Chapter shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and costs of prosecution or by imprisonment of not more than ninety (90) days or by both such fine and imprisonment. Each act of violation and every day upon which such violation shall occur shall constitute a separate offence.

5-8.16 Injunction. The operation of a sexually oriented business without a valid license in violation of this Chapter shall constitute a public nuisance, and a person who operates or causes to be operated such business shall be subject to a suit for injunctive relief as well as prosecution for criminal violations.

5-8.17 Applicability to Existing Businesses. The provisions of this Chapter shall apply to the activities of all persons and sexually oriented businesses whether such businesses or activities were established or commenced before, on or after the effective date of this Chapter.

5-8.18 Regulations Pertaining to Sexually Oriented Businesses Featuring Nudity or Live Performances.

(A) A sexually oriented business which features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities shall be operated in accordance with the following regulations. It is unlawful for a licensee or operator to knowingly fail to ensure compliance with the regulations:

(1) A person shall not appear in a state of nudity or engage in a live performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities except upon a stage elevated at least eighteen (18) inches above floor level. All parts of the stage, or a clearly designated area thereof within which the person appears in a state of nudity or performs, shall be a distance of at least six (6) feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least three (3) feet above floor level. No person appearing in a state of nudity or engaging in such live performances or patron may extend any part of his or her body over or beyond the barrier or railing.

(2) An employee may not touch the breast, buttocks, or genitals of a patron, nor may a patron touch the breast, buttocks, or genitals of an employee.

(3) A patron may not place any money on the person or in or on the costume of an employee.

(4) A person below the age of eighteen (18) years may not observe or appear in a state of nudity or in such live performances on the premises of a sexually oriented business.

(5) A sign in a form to be prescribed by the City Manager and summarizing the provisions of Subparagraphs (1), (2), and (3) above shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.

5-9 PARADE AND PUBLIC ASSEMBLY 5-9.1 Definitions as used in this Section 5-9.

Parade means any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds within the City with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets, parks or other public grounds.

Parade or public assembly permit means a permit as required by this Section 5-9 of Chapter 5 of this Code.

Public assembly means any meeting, demonstration, picket line, rally or gathering of more than ten (10) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic or occupies any public area in a place open to the general public.

Sidewalk is any area or way set aside or opens to the general public for purposes of pedestrian traffic, whether or not it is paved.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-20

Street is any place or way set aside or opens to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right of way or median strip thereof.

5-9.2 Permit required. No person shall engage in or conduct any parade or public assembly unless a permit is issued by the Chief of Police pursuant to this Section. 5-9.3 Exceptions. This Section shall not apply to the following:

(A) Funeral possessions;

(B) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;

(C) A governmental agency acting within the scope of its functions; and

(D) Spontaneous events occasioned by news or affairs coming into public knowledge within three (3) days of such public assembly, provided that the organizer thereof gives written notice to the Chief of Police at least twenty-four (24) hours prior to such parade or public assembly.

5-9.4 Application. (A) A person seeking a parade or public assembly permit shall file an application with the Chief of Police on

forms provided by the City. The application shall be signed by the applicant under oath.

(B) For single, non-recurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least ten (10) and not more than one hundred eighty (180) days before the parade or public assembly is proposed to commence. The Chief of Police may waive the minimum ten (10) day filing period and accept as application filed within a shorter period if after due consideration of the date, time, place and nature of the parade or public assembly, the anticipated number of participants, and the City services required in connection with the event, the Chief of Police determines that the waiver will not present a hazard to public safety.

(C) For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least sixty (60) and not more than one hundred eighty (180) days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty (60) day period after due consideration of the factors specified in Subsection (B) above.

(D) The application for a parade or public assembly permit shall set forth the following information:

(1) The name, address, and telephone number of the person seeking to conduct the parade or public assembly;

(2) The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted if any, and the authorized and responsible heads of the organization;

(3) The requested date of the parade or public assembly;

(4) The route to be traveled, including the starting point and the termination point;

(5) The approximate number of persons, animals and vehicles that will constitute the parade or public assembly and the type of animals and description of the vehicles;

(6) The hours when the parade or public assembly will start and terminate;

(7) A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed;

(8) The location by street of any assembly areas for the parade or public assembly;

(9) The time at which units of the parade or public assembly will begin to assemble at any assembly area;

(10) The intervals of space to be maintained between units of the parade or public assembly;

(11) If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for the permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his or her behalf;

(12) The type of public assembly, including a description of activities planned during the event;

(13) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the parade or public assembly;

(14) The approximate number of participants (spectators are by definition not participants);

(15) The approximate number of spectators;

(16) A designation of any public facilities or equipment to be utilized; and

(17) Any additional information that the Chief of Police finds reasonably necessary to a fair determination as to whether a permit should be issued.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-21

5-9.5 Fees.

(A) There shall be no fees charged by the City to cover solely administrative costs of processing a permit.

(B) If the application is for the use of any City property or if any City services shall be required for the parade or public assembly, the applicant shall pay prior to the issuance of a permit the charges for those services in as set forth in Chapter 6 of this Code.

5-9.6 Police Protection.

(A) The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly d on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the Chief of Police, he or she shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant.

(B) Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City.

5-9.7 Standards for Issuance.

(A) The Chief of Police shall issue a permit pursuant to this Section when from a consideration of the application and from information as may otherwise be obtained he or she finds that:

(1) The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;

(2) The conduct of the parade or public assembly will not require the diversion of so great a number of City police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the City;

(3) The concentration of persons, animals, and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection, or ambulance service to areas contiguous to such public assembly areas;

(4) The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property;

(5) The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas;

(7) There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected;

(8) The applicant has secured the police protection, if any, required under Section 5-9.5.

(9) The parade or public assembly is not for the primary purpose of advertising any product, goods or event that is primarily for private profit, and the parade itself is not primarily for profit. The prohibition against advertising any product, goods or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used in the parade;

(10) No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted;

(11) No parade or public assembly permit application for the same time but location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property; and

(12) No event is scheduled elsewhere in the City where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.

(B) No permit shall be granted that allows for erection or placement of any structure, whether permanent or temporary, on a City street, sidewalk, or right-of-way unless advance written approval for the erection or placement of the structure is obtained from the City Commission.

5-9.8 Non-Discrimination. The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this Chapter based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds.

5-9.9 Notice of Denial of Application. The Chief of Police shall act promptly upon a timely filed application for a parade or public assembly permit but in no event, shall grant or deny a permit less than forty-eight (48) hours prior to

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-22

the event. If the Chief of Police disapproves the application, he or she shall notify the applicant either by personal delivery or certified mail at least forty-eight (48) hours prior to the event of his or her action and state the reasons for denial.

5-9.10 Alternative Permit. (A) The Chief of Police, in denying an application for a parade or public assembly permit may authorize the conduct of the parade or public assembly at a date, time, location, or route different from that named by the applicant. An applicant desiring to accept an alternate permit shall within five (5) days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police.

(B) An alternate parade or public assembly permit shall conform to the requirements and shall have the effect of a parade or public assembly permit issued under this Section.

5-9.11 Appeal Procedure.

(A) Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the City Commission. The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the Chief of Police and a copy of the notice with the City Clerk. The City Commission shall act upon the appeal at its next regularly scheduled meeting following receipt of the notice of appeal.

(B) In the event that the City Commission rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction.

5-9.12 Notice to City and Other Officials. Immediately upon the issuance of a parade or public assembly permit, the Chief of Police shall send a copy thereof to the following:

(A) City Manager;

(B) The City Attorney;

(C) The Fire Chief; and

(D) The Superintendent of the Department of Public Services.

5-9.13 Contents of Permit. Each parade or public assembly permit shall state the following information:

(A) Starting and approximate ending time;

(B) Minimum speed of parade units;

(C) Maximum speed of parade units;

(D) Maximum interval of space to be maintained between parade units;

(E) The portions of the streets that may be occupied by the parade or public assembly;

(F) The maximum length of the parade in miles or fractions thereof; and

(G) Any additional information that the Chief of Police shall find necessary to the enforcement of this Section.

5-9.14 Duties of Permitee.

(A) A permitee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(B) The person in charge or heading the parade or public assembly shall carry the parade or public assembly permit upon his or her person during the conduct of the parade or public assembly.

5-9.15 Prohibitions. The following prohibitions shall apply to all parades and public assemblies:

(A) It shall be unlawful for any person to stage, present, or conduct any parade or public assembly without first having obtained a permit as provided in this Section;

(B) It shall be unlawful for any person to participate in a parade or public assembly for which the person knows a permit has not been granted;

(C) It shall be unlawful for any person in charge or responsible for the conduct of a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit;

(D) It shall be unlawful for any person to engage in any parade or public assembly activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property;

(E) It shall be unlawful for any person participating in any parade or public assembly to carry or possess any length of metal, lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or notice unless such object is one-fourth inch (1/4") or less in thickness and two inches (2") or less in width, or if not generally rectangular in shape, such object shall not exceed three-fourths inch (3/4") in its thickest dimension;

(F) It shall be unlawful for any person to carry any sign, poster, plaque, or notice whether or not mounted on a length of material as specified in Subparagraph (E) above unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material;

(G) It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-23

equipment at decibel levels that exceed those limits imposed by this Code; and

(H) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal-drawn vehicle upon any public street unless specifically authorized by the permit.

5-9.16 Public Conduct during Parades or Public Assemblies.

(A) No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in a parade or public assembly.

(B) No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly.

(C) The Chief of Police shall have the authority when reasonably necessary to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this Chapter.

5-9.17 Revocation of Permit. The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the condition or standards for issuance as set forth in this Chapter or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.

5-9.18 Penalties. Any person violating the provisions of this Section shall upon conviction be punished by fine not to exceed Five Hundred ($500.00) Dollars or imprisonment of not more than ninety (90) days or both.

5-10 STREET VENDORS

STREET VENDORS. 5-10.1 Definitions as used in this Section 5-10. Goods, wares, or merchandise shall include but not be limited to food of any kind, beverages, fruits, vegetables, farm products or provisions, dairy products, plants, flowers, wearing apparel, jewelry, ornaments, art work, household needs or furnishings, food of any kind, whether or not for immediate consumption.

Public space includes all City-owned parks and City-owned property within street rights-of-way, including any roadways and sidewalks.

Public way means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.

Pushcart means any wheeled non-motorized vehicle approved by the Zoning Administrator in accordance with this Section designed for carrying goods, wares or merchandise and for being pushed by a person without the assistance of a motor or motor vehicle, including a handcart or lunch wagon.

Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the legal building line of the abutting property.

Special event means any occasion including but not limited to fairs, shows, exhibitions, City-wide celebrations, and festivals taking place within a specifically defined area of the City for a period of time not to exceed five (5) days.

Street means all that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.

Street Vendor means any person who exhibits, displays, sells or offers for sale goods, wares or merchandise from a pushcart while on a public ways, public space, or private property.

5-10.2 License Required. It shall be unlawful for any person to engage in the business of selling goods, wares or merchandise from a pushcart unless he or she has first obtained a license from the Zoning Administrator. All licenses shall be issued according to regulations established by the City Manager.

5-10.3 Application for License. The application for a street vendor’s license shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:

(A) The applicant's full name, current address, telephone number and proof of identity, together with full-face photograph(s) of the applicant, not less than two inches square, nor more than three inches square;

(B) A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale;

(C) The specific location or locations in which the street vendor intends to conduct business;

(D) If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation.

(E) Any application for a permit on private property must also include approval of the party on whose property the street vendor shall be located.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-24

5-10.4 Health Inspection Certificate. Any application for a street vendor’s license to engage in the sale of food or beverages shall also be referred to the Health Department for approval and issuance of a certificate of health inspection in addition to the street vendor’s license.

5-10.5 Issuance of License.

(A) The applicant shall be notified in writing by the Zoning Administrator of the City's decision to issue or deny the street vendor’s license not later than thirty (30) days after the applicant has filed a completed application with the Zoning Administrator.

(B) Each license shall show the name and address of the licensee, the kind of goods, wares or merchandise to be sold, the amount of the license fee, the date of issuance, the license number, and an identifying description of the pushcart used by the licensee. Each license shall also show the expiration date of the license.

(C) In addition to the street vendor’s license, the Zoning Administrator shall issue an identification badge to each street vendor.

(D) All licenses and identification badges issued under this Section are valid for one (1) year unless suspended or revoked and shall be both non-assignable and non-transferable.

5-10.6 Special Events. Any street vendor wishing to conduct business at a special event shall apply to the Zoning Administrator for a temporary street vendor’s permit. Application for such a permit must be made at least thirty (30) days prior to the beginning of the event for which the permit is sought. The permit shall be valid only for the duration of the special event. Any vendor to whom a temporary permit is granted shall be subject to the same operating regulations as all other street vendors, except where otherwise specified on the permit.

5-10.7 License Fees. Any street vendor granted a license or special event permit under this Section shall pay an annual license fee or temporary permit fee as set forth in the User Fee, Service and Penalty Schedule as contained in Chapter 6 of this Code.

5-10.8 Display of Identification Badges and Other Permits

(A) Any license issued by the Zoning Administrator shall be carried with the licensee whenever he or she is engaged in business. Licenses and certificates of health inspection shall also be properly and conspicuously displayed at all times during the operation of the business.

(B) A license shall be deemed to be properly displayed when it is clearly visible to the public and law enforcement officials. A certificate of heath inspection shall be deemed to be properly displayed when attached to the vendor’s pushcart or mobile unit and clearly visible to the public and law enforcement officials.

5-10.9 Notification of Name or Address Change. All transient merchants shall assure that a current and correct name, residence address and mailing address are on file with the City Clerk. Whenever either the name or address provided by a licensed merchant on his or her application for a change, the licensee shall notify the City Clerk in writing within three (3) business days of such change and provide the same with the name change or address change.

5-10.10 Claims of Exemption. Any person claiming to be legally exempt from the provisions of this Section, or from the payment of a license or permit fee, shall cite to the City Clerk the statute or other legal authority under which exemption is claimed and shall present to the City Clerk proof of qualification for such exemption

5-10.11 Hours of Operation. Transient Merchants shall be allowed to engage in the business of sales only between the hours of ten (10:00) a.m. and nine (9:00) p.m. All displays including signs, shelving and/or racks, chairs, tables, tents, pushcart or other item related to the operation of a transient merchant business shall be removed from any City sidewalk or other public way during non-vending hours, or stored in a secured manner approved by the city manager. No pushcart or mobile unit may be parked, stored or left overnight other than in a lawful parking place.

5-10.12 Littering and Trash Removal. (A) Transient merchants shall keep the sidewalks, roadways and other spaces adjacent to their vending sites

clean and free of paper, peelings and refuse of any kind generated from the operation of their businesses. All trash or debris accumulating within fifty (50) feet shall be collected by the transient merchant and deposited in a trash container.

(B) Persons engaged in food vending shall include a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter.

5-10.13 Vending Restrictions. No street vendor shall be permitted to operate in the following areas of public space:

(A) Within fifteen (15) feet of any street intersection or pedestrian crosswalk, driveway, loading zone or bus stop.

(B) Within one hundred (100) feet of another vending location assigned to another street vendor on a public sidewalk.

(C) Against display windows of fixed location businesses.

(D) Within twenty (20) feet of any fire hydrant or fire escape.

CHAPTER 5 GENERAL LICENSING, REGISTRATION & PERMITS

(2017) 5-25

5-10.14 Prohibited Conduct. No person authorized to engage in the business of transient merchant sales under this Section shall do any of the following:

(A) Unduly obstruct pedestrian or motor vehicle traffic flow, except for up to ten (10) minutes to load and unload vending merchandise.

(B) Obstruct traffic signals or regulatory signs.

(C) Stop, stand or park any tent, pushcart or mobile unit upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings.

(D) Leave any pushcart, mobile unit, displays including signs, shelving, and/or racks, chairs, tables, and tents, unattended at any time or store, park, or leave a pushcart in a public space overnight.

(E) Use a pushcart whose dimensions do not exceed four (4) feet in width, eight (8) feet in length, and seven (7) feet in height.

(F) Use any pushcart or other readily moveable unit that when fully loaded with goods, wares or merchandise, cannot be easily moved and maintained under control by the licensee, or his or her attendant.

(G) Sell any goods, wares or merchandise within districts of the City or on streets that have been or shall be hereafter designated by the City Manager as locations where transient merchants are prohibited.

(H) Sound any device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention, or otherwise violate Section 4-12 of this Code.

(J) Conduct his or her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency vehicles.

5-10.15 Civil Infraction. A person who violates any provision of this Section shall be responsible for a municipal civil infraction as provided in Chapter 9 of this Code and shall be subject to the payment of a civil fine as set forth in the User Fee, Service and Penalty Schedule as contained in Chapter 6 of this Code.

5-10.16 Suspension and Revocation of License.

(A) In addition to the penalties contained in Subsection 5-10-15, any license or permit issued under this Section may be suspended or revoked for any of the following reasons:

(1) Fraud, misrepresentation or knowingly false statement contained in the application for the license;

(2) Fraud, misrepresentation or knowingly false statement in the course of carrying on the business of transient merchant sales;

(3) Conducting the business in any manner contrary to the conditions of the license;

(4) Conducting the business of transient merchant sales in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; or

(5) Cancellation of Health Department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.

(B) The City Clerk shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee or permittee of his or her right to appeal. The notice shall be mailed to the address shown on the license or permit holder's application by certified mail, return receipt requested.

(C) If the City revokes a transient merchant license or permit, the fee already paid for the license shall be forfeited. A person whose license has been revoked under this Section may not apply for a new license for a period of one (1) year from the date that the revocation took effect.

5-10.17 Appeals.

(A) If the Zoning Administrator denies the issuance of a license, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted by the transient merchant, the aggrieved party may appeal the Zoning Administrator's decision to the City Commission.

(B) The filing of an appeal stays the action of the Zoning Administrator in suspending or revoking a license or any part of the business operation being conducted under such license until the City Commission makes a final decision, unless the Zoning Administrator determines that continued operation of the transient merchant business constitutes an imminent and serious threat to the public health or safety, in which case the Zoning Administrator shall take or cause to be taken such action as is necessary to immediately enforce the suspension, revocation or order.

5-10.18 Renewals. A transient merchant license may be renewed, provided an application for renewal and license fees are received by the City no later than the expiration date of the current license. Any application received after that date shall be processed as a new application. The Zoning Administrator shall review each application for renewal, and upon determining that the applicant is in full compliance with the provisions of this Section, shall issue a new license.

(2017) 5-26

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 6-1

CHAPTER 6 - USER FEES & SERVICE CHARGES

6-1 PURPOSE. This user fee, Service, and Penalty Schedule has been adopted to provide a comprehensive schedule of user fees, charges for various City services, and fees and charges for code violations.

6-2 CEMETERY SERVICE Fee Received By

Monday-Friday Burial 475.00 General Fund Monday-Friday Infant Burial 160.00 General Fund Monday-Friday Cremation 160.00 General Fund Saturday Cremation 195.00 General Fund Saturday Burial 590.00 General Fund Saturday Infant Burial 195.00 General Fund Lot Charge 625.00 General Fund Cremation & Infant lot 240.00 General Fund Duplicate of Burial Rights 15.00 General Fund Transfer of Burial Right with family background info 100.00 General Fund Special Care Charge 500.00 General Fund Weekday Burial after 3:00 p.m. and weekend after 12:00 p.m.

For each 1/2 hour (1-hour minimum charge) 36.00 General Fund Disinterment

From one grave to another 1000.00 General Fund Removal to another cemetery 525.00 General Fund

Infant or Cremation From one grave to another 315.00 General Fund Removal to another cemetery 160.00 General Fund

Foundation (cost per top square inch) 0.45 General Fund Repurchase of Lots (by City) Fee Pd Up to $225 General Fund

6-3 PLANNING & ZONING SERVICE Fee Received By

Rezoning of Property 250.00 General Fund Site Plan Review (Internal) 250.00 General Fund Site Plan Review with Public Hearing 350.00 General Fund Zoning Variance - Commercial 250.00 General Fund Zoning Variance - Residential 75.00 General Fund Zoning Map 10.00 General Fund Zoning Ordinance Reproduction 50.00 General Fund Special Exception Use Permits

Home Occupations 100.00 General Fund Public Place of Worship 100.00 General Fund Joint Parking 100.00 General Fund Off-site Parking 100.00 General Fund Domestic Assault Shelters 100.00 General Fund Bed and Breakfast 100.00 General Fund Professional Business 100.00 General Fund Transitory Food Units 150.00 General Fund Recycling Facilities 500.00 General Fund Communication Towers 500.00 General Fund

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-2

Planned Unit Development 500.00 General Fund Commercial Planned Development 500.00 General Fund

Transient Merchant/Street Vendor 50.00 General Fund Public Notice Charge Varies* General Fund *When City Code requires publication of Public Notice, the copy of the publication shall be paid by the individual making request.

6-4 POLICE SERVICE Fee Received By Fax Charges for Reports per page .50 General Fund Notary Public Signature 5.00 General Fund Fingerprints (inked) 15.00 General Fund Live Scan Fingerprints 62.00 General Fund Parked in Posted Handicap Zone 100.00 General Fund Trespass by Parking 25.00 General Fund Parking Obstructing Traffic/Drive 20.00 General Fund Parked in No Parking Zone 20.00 General Fund Parked front yard 20.00 General Fund Parked between 3:00 a.m. - 5:30 a.m. 25.00 General Fund Parked on the Boulevard/Terrace 50.00 General Fund Parked on the Sidewalk 50.00 General Fund Parked Facing Traffic 20.00 General Fund Parked in a Fire Zone 25.00 General Fund Double Parked 20.00 General Fund Parked within 15' of intersection 20.00 General Fund Parked within 15' of fire hydrant 25.00 General Fund Parked within 30' of traffic device 25.00 General Fund Parked in Reserved Parking Zone (Towing add'l expense) 25.00 General Fund Overtime Parking - if paid w/in 48 hours 10.00 General Fund Overtime Parking - if paid w/in 10 days 20.00 General Fund Overtime Parking - if paid after 10 days 30.00 General Fund Recovery for expenses incurred for emergency response Actual + 20% Admin General Fund Noxious Weed / Mowing per Hour/person (1hr min/person) 65.00 + 20% Admin General Fund Trash & Blight Removal Fees Actual + 20% Admin General Fund Massage Establishment 67.00 + 10% Admin General Fund Massage Business Employee License Fee 25.00 General Fund Sex-Oriented Business License Fee 5000.00 General Fund Sex-Oriented Business Employee License Fee 1500.00 General Fund Arcade Business License - Annual Fee 450.00 General Fund Infrequently Operated Vehicle Permits 15.00 General Fund

Voluntary Surrendering Animal to Animal Control, Transportation Recovery 25.00 General Fund

Impoundment of Dog Running at Large, Transportation Recovery 25.00 General Fund

Animal Tranquilized for Transportation 15.00 General Fund Animal Kenneled/Holding Fee 10.00/day per dog General Fund

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-3

6-5 FINANCE SERVICE Fee Received By Photo Copy per page 0.25 General Fund Fax Service per page 0.50 General Fund City Map 1.00 General Fund County Map n/c General Fund Land Division Application n/c General Fund Land Division Fee 100.00 General Fund

IFT Exemption Application Fee 500.00 General Fund Property Appraisal sheet per parcel (No Chg for Property Owner) 5.00 General Fund Additional Parcels-same request (No Chg for Property Owner) 2.00 General Fund Photo Copy of Property Cards per parcel 1.00 General Fund (No charge for property owner) Electronic Tax Files per parcel 0.25 General Fund Electronic Copy of Full Tax File per season 25.00 General Fund Water/Sewer Use History Report 1.00 General Fund Return Check Fee 40.00 General Fund Peddlers License (Daily) 15.00 General Fund (Additional Peddler of Same Org – ½ of rate for each add’l) Peddlers License (Monthly) 100.00 General Fund Peddlers License (Annually) 500.00 General Fund Farmers Market - rental of stall or space

All Season - May through October 100.00 General Fund Weekly 10.00 General Fund

Transient Merchant/Street Vendor 50.00 General Fund Temporary Business License

First 72 hours 25.00 General Fund One Week 50.00 General Fund

Thirty Days 100.00 General Fund Six Months 300.00 General Fund One Year 450.00 General Fund

Copy of City Charter Actual Cost General Fund Copy of City Code Actual Cost General Fund Freedom of Information Act (FOIA) Requests Labor Costs-Search. Location, Examination & Redaction Varies Various Funds Contracted Labor Costs Actual Up to $48.90/hr Non-Paper Physical Media Flash Drives 6.69 per drive Various Funds Compact Discs 0.20 per disc Various Funds DVD 0.33 per disc Various Funds Other Media Actual Cost Various Funds Paper Copies Letter & Legal Paper 0.03 per page Various Funds Other Types of Paper Actual Cost Various Funds Labor Costs – Distribution copying & transferring record to non-paper media 27.00 per hour Various Funds

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-4

Mailing Actual Costs Various Funds

6-6 PUBLIC WORKS SERVICE Fee Received By

Park Restroom Deposit 25.00 General Fund Park Shelter Rental 35.00 General Fund Street Excavating Deposit 250.00 General Fund Right of Way Permit 20.00 General Fund Reservation of Memory Isle for marriage 25.00 General Fund Hydrant Meter Rental (per day) 10.00 Water Fund Hydrant Meter Rental (per 1,000 gallons) 10.00 Water Fund Equipment Use Fee for Hose & Tools 20.00 Water Fund

WATER RATES (BI-MONTHLY BILLING) Residential Equivalent Unit Measurement=122.4 gallons per day/16.37 cubic feet per day City - Bi-Monthly Service Charge Based on REUs

eff 7/1/2016 20.80 per REU Water Fund

eff 7/1/2017 21.43 per REU Water Fund eff 7/1/2018 22.08 per REU Water Fund Senior Citizens Discount Less 15% Water Fund

City - Commodity Rate/100 cubic feet (cf)

eff 7/1/2016 1.93 Water Fund

eff 7/1/2017 1.99 Water Fund eff 7/1/2018 2.05 Water Fund Senior Citizens Discount Less 15% up to 1,100 CF only Water Fund

Lockport - Bi-Monthly Service Charge Based on REUs

eff 7/1/2016 26.10 per REU Water Fund eff 7/1/2017 26.89 per REU Water Fund eff 7/1/2018 27.70 per REU Water Fund

Senior Citizens Discount Less 15% Water Fund Lockport - Commodity Rate/100 cubic feet

eff 7/1/2016 2.42 Water Fund eff 7/1/2017 2.49 Water Fund

eff 7/1/2018 2.57 Water Fund

Senior Citizens Discount Less 15% up to 1,100 CF only Water Fund SEWER RATES (BI-MONTHLY BILLING)

Residential Equivalent Unit Measurement=122.4 gallons per day/16.37 cubic feet per day City - Bi-Monthly Service Charge Based on REUs

eff 7/1/2016 53.80 per REU Sewer Fund eff 7/1/2017 55.42 per REU Sewer Fund eff 7/1/2018 57.09per REU Sewer Fund

Senior Citizens Discount Less 15% Sewer Fund City - Commodity Rate/100 cubic feet (cf)

eff 7/1/2016 2.53 Sewer Fund eff 7/1/2017 2.61 Sewer Fund eff 7/1/2018 2.69 Sewer Fund Senior Citizens Discount Less 15% up to 1,100 CF only Sewer Fund

Fabius (Westside) - Bi-Monthly Service Charge Based on REUs

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-5

eff 7/1/2016 83.39 per REU Sewer Fund eff 7/1/2017 85.91 per REU Sewer Fund eff 7/1/2018 88.49 per REU Sewer Fund

Fabius (Westside) - Commodity Rate/100 cubic feet (cf) eff 7/1/2016 3.93 Sewer Fund eff 7/1/2017 4.05 Sewer Fund eff 7/1/2018 4.17 Sewer Fund

Vil of Constantine - Bi-Monthly Service Charge

Wastewater Treatment Only eff 7/1/2016 30.40 per REU Sewer Fund eff 7/1/2017 31.32 per REU Sewer Fund eff 7/1/2018 32.26 per REU Sewer Fund

Vil of Constantine - Commodity Rate/100 cubic

Wastewater Treatment Only

eff 7/1/2016 1.66 Sewer Fund eff 7/1/2017 1.71 Sewer Fund eff 7/1/2018 1.77 Sewer Fund Temporary Discharge Mo. Service Fee ½ current REU rate plus current

commodity rate based on Total Gallons Discharged Sewer Fund

Water Fill-up (per 1,000 gallons) Per Current Water Rates Water Fund Flat-rate Sprinkler Charge (Season) Change to Metered - Current Rates Water Fund Grandfathered-$212 Bill Semi-Ann. Water Fund Subsequent to shut-off for Non-payment Turn-on fee, 1st Offense 20.00 Water Fund Turn-on fee, 2nd Offense 40.00 Water Fund Turn-on fee, 3rd Offense 60.00 Water Fund Turn-on fee, after hours / Saturday 80.00 Water Fund Turn-on fee, Sundays 100.00 Water Fund Turn-on fee, Holidays 120.00 Water Fund Voluntary Shut-off Fee 20.00 Water Fund Water / Sewer Deposit 300.00 Water Fund Meter Testing Fee 36.00 Water Fund Meter Replacement Fee Actual + 20% Admin Water Fund Commercial Meter Replacement Fee Actual + 20% Admin Water Fund Sewer or Water Repair Program 200.00 per service repair Sewer Fund Water Permit 125.00 Water Fund Sewer Permit 125.00 Sewer Fund Tap-in Inspection Fee 175.00 Sewer/Water Fund Connection Fee for Water *125.00 per unit +cost of lateral extension Water Fund Connection Fee for Sewer *125.00 per unit +cost of lateral ext Sewer Fund Water and Sewer *250 per unit + cost of lateral ext Sewer/Water Fund *See Water and Sewer Unit Schedule

Water and Sewer Connection Unit Schedule

Single Family Residence: 1.00 unit per residence Grocery Store & Supermarkets: 0.80 per 1,000 sq. ft. Auto Dealers: 1.00 unit + 0.20 unit per 1,000 sq. ft. Hospitals: 1.0 unit + 0.50 unit per bed Bar: See Restaurant Hotels and Motels: 1.0 unit + 0.25 unit per bedroom Barber Shops: 1.0 unit + 0.1 unit per chair (See Restaurant, bar, pool, etc. for building unit) Beauty Shops: 1.0 unit +0.5 unit per booth Laundry (self-service): 0.50 unit per washer Boarding House: 0.2 unit per bed Multiple Family: 1.00 unit per unit

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-6

Boarding School: 0.2 unit per bed Office Building: 0.75 per 1,000 sq. ft. Bowling Alleys: 0.2 unit per 1,000 sq. ft. Public Institutes (excl hospitals): 0.75 per 1,000 sq. ft. Car Wash (Coin Operated, 10 gal or less per Car): 1.0 unit/stall Restaurants or Bars: 4.0 unit per 1,000 sq. ft. Car Wash (Mech w/o conveyor, 10 gal or more): 10.0 unit per stall Auxiliary Dining Room: 2.0 per 1,000 sq. ft. Car Wash with Conveyor: 10 unit per 20 ft. of conveyor (open not more than 20 hrs. per week) Churches: 0.4 unit per 1,000 sq. ft. Schools (w/o showers or pool): 1.00 per classroom Cleaners: 1.0 unit per 1,000 sq. ft. plus 1.5 unit per press Schools (with showers or pools): 1.5 unit per classroom Convalescent Home: 1.00 unit - 0.5 unit per bed Service Station: 1.0 unit + 0.15 unit per pump Convents: 0.2 unit per bed Snack Bar/Drive-In: 4.00 per 1,000 sq. ft. Country Club: 1.5 unit per 1,000 sq. ft. of general building Stores (other than listed): 0.35 per 1,000 sq. ft.

(See Restaurant, bar, pool, etc. for building unit) Swimming (net area pool - see Country Club for building unit): Drug Store: 1.00 unit per 1,000 sq. ft. 3.0 unit per 1,000 sq. ft. Factories (exclusive of industrial wastes): 0.75 per 1,000 sq. ft. Theaters: 1.0 unit + 0.01 unit per seat *(Industrial will be assigned sanitary use factor units as appropriate Theater (drive-in): 1.0 units + 0.2 unit/car space in each individual instance, upon petition to the City for such Trailer Park: 1.0 unit per trailer space occupied or assignment) unoccupied Fraternal Organization: 0.50 unit per 1,000 sq. ft. of general Warehouse: 0.15 unit per 1,000 sq. ft. bldg. (See Restaurant, bar, pool, etc. for building unit)

Standard GIS Maps / Aerial Photos (Paper Copies)

8.5" x 11" - A 5.00 Water/Sewer Fund 11" x 17" - B 8.00 Water/Sewer Fund 18 " x 24" - C 14.00 Water/Sewer Fund 24" x 36" - D 18.00 Water/Sewer Fund 36" x 36" 24.00 Water/Sewer Fund 36" x 48" - E 30.00 Water/Sewer Fund 36" x 60" 36.00 Water/Sewer Fund Duplicates 50% off (limit 2 copies) Vector Overlay: Parcels, lots, streets 3.00/8.5"x11 (per layer) Water/Sewer Fund 5.00 per larger sizes (per layer) Water/Sewer Fund Digital Information (Raster & Vector) 2007 DOP 6" B/W (per tile/ .tif) 10.00 Water/Sewer Fund 2007 DOP 6" B/W (per Citywide/ .tif) 585.00 Water/Sewer Fund 2007 DOP 6" B/W (per Citywide/ .sid) 200.00 Water/Sewer Fund

2002 DOP 6" B/W (per tile/ .tif) 5.00 Water/Sewer Fund 2002 DOP 6" B/W (per Citywide/ .tif) 200.00 Water/Sewer Fund 2002 DOP 6" B/W (per Citywide/ .sid) 50.00 Water/Sewer Fund

Historic aerial (per tile/ .tif) 8.00 Water/Sewer Fund Parcel Layer (per parcel) 0.75 Water/Sewer Fund Parcel Layer (Citywide) 1200.00 Water/Sewer Fund Annual Update 400.00 Water/Sewer Fund Address Points (per point) 0.25 Water/Sewer Fund Address Points (Citywide) 500.00 Water/Sewer Fund Annual Update 200.00 Water/Sewer Fund Additional Layers (streets, zoning, etc.) 50.00 per file (excl DTM) Water/Sewer Fund 200.00 per DTM file Water/Sewer Fund 2' contours

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-7

Minimum Charge 10.00 Water/Sewer Fund Custom Mapping or Scanning (per hour) 52.00 Water/Sewer Fund Minimum Charge 15.00 Water/Sewer Fund Email Standard Maps and/or aerials 8.00 Water/Sewer Fund Shipping/Handling Actual Costs Water/Sewer Fund Non-aerial copy of Property Owners parcel N/C Water/Sewer Fund 8.5" x 11" copy 6-7 INSPECTION SERVICES Fee Received By INSPECTIONS - RESIDENTIAL - BUILDING, MECHANICAL, PLUMBING, DEMOLITION, ZONING Permit Fees Based Upon Number of Inspections Required for Scope of Work *All Residential Permits and Plan Reviews are subject to a 10% Processing Fee in addition to the

calculated permit fee

*Residential Building Permit, per inspection 71.00 General Fund *Residential Mechanical Permit, per inspection 71.00 General Fund *Residential Plumbing Permit, per inspection 71.00 General Fund *Residential Demolition Permit, per inspection 71.00 General Fund *Zoning Permit 61.00 General Fund

*Items are subject to plan review based upon size and scope of job. Rate will be established by the Building Inspector in accordance with a pre-determined fee schedule.

INSPECTIONS - COMMERCIAL - BUILDING, ZONING

Commercial Building Permit Fees are calculated by the Building Inspector based up the following Use Group and Unit Costs.

*All Commercial Permits and Plan Reviews are subject to 10% Processing Fee in addition to the calculated permit fee.

Use Group Unit Cost/SQ Ft. **A-1 0.56 General Fund **A-2, -3, -4 0.40 General Fund ** A-5 0.35 General Fund **B 0.36 General Fund **E 0.39 General Fund **F-1, F-2, H 0.21 General Fund **I-1 0.35 General Fund **I-2, I-4 0.55 General Fund **I-3 0.50 General Fund **M 0.30 General Fund **R-1 0.37 General Fund **R-2 0.32 General Fund **S-1, S-2, U 0.19 General Fund **All Groups Remodel 0.12 General Fund **All Groups Demo 0.07 General Fund **Roofing (0-7,999 Sq Ft) 0.06 General Fund (8,000 Sq Ft & Over) 0.03 General Fund

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-8

**Zoning Permit 59.00 General Fund PLAN REVIEW Plan Review Fees - Residential New Home, Addition, Remodel, Deck, Pole Barn, Garage Under 100 Sq. Ft. NONE Required General Fund 101 to 600 Sq. Ft. 32.00 General Fund 601 to 1000 Sq. Ft. 44.00 General Fund 1001 to 1500 Sq. Ft. 59.00 General Fund 1501 to 2000 Sq. Ft. 74.00 General Fund 2001 to 2500 Sq. Ft. 89.00 General Fund 2501 to 3500 Sq. Ft. 104.00 General Fund 3501 Sq. Ft. and Over 0.06/Sq. Ft. General Fund

HUD or Premanufactured Home 44.00 General Fund Swimming Pool

(INGROUND ONLY - NO Plan Review on Pre-Manufactured) 30.00 General Fund

Plan Review Fees - Commercial Fees are based upon size and scope of work Building Under 600 Sq. Ft. 32.00 General Fund 601 to 1000 Sq. Ft; .057/Sq. Ft. General Fund 10001 to 2000 Sq. Ft. .042/Sq. Ft. General Fund 2001 to 3000 Sq. Ft. .032/Sq. Ft. General Fund 3001 to 4000 Sq. Ft. .027/Sq. Ft. General Fund 4001 to 5000 Sq. Ft. .024/Sq. Ft. General Fund 5001 to 7500 Sq. Ft. .021/Sq. Ft. General Fund 7501 to 10000 Sq. Ft. .019/Sq. Ft. General Fund 10001 Sq. Ft. and Over .017/Sq. Ft. General Fund

*Mechanical 25% of Bldg Plan Review Costs General Fund *Plumbing 25% of Bldg Plan Review Costs General Fund *Barrier Free . .014 X Total Sq. Ft. of Bldg. Project General Fund *Fire Protection .027 X Total Sq. Ft. of Bldg. Project General Fund *Public Swimming Pool . 012 X Total Sq. Ft. of Pool General Fund *Minimum of $42.00 Re-inspections 71.00 General Fund Penalty for starting work before obtaining permit 71.00 plus permit fee General Fund Special Inspection Request (Safety, Consultation, Etc) 71.00 General Fund Temporary Certificate of Occupancy 142.00 General Fund

INSPECTIONS - COMMERCIAL - MECHANICAL, PLUMBING ** Commercial Mechanical Permit and Commercial Plumbing Permit fees are calculated based upon equipment installed, according to the itemization listing of each application.

PLUMBING INSPECTIONS - (COMMERCIAL ONLY)

*All Commercial Permits and Plan Reviews are subject to 10% Processing Fee in addition to the calculated permit fee

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-9

Application Fee 56.00 General Fund Mobile Home Park Site (each) 5.00 General Fund Fixtures, floor drains, special drains & Water connected appliances (each) 5.00 General Fund Stacks (soil, waste, vent & conductor) (each) 3.00 General Fund Sewage ejectors & sumps (each) 5.00 General Fund Subsoil drains 5.00 General Fund Water Service Less than 2" 5.00 General Fund 2" to 6" 25.00 General Fund Over 6" 50.00 General Fund Sewers (bldg. drain -- bldg. sewers) Less than 6" 5.00 General Fund Over 6" 25.00 General Fund Manholes, Catch Basins (each) 5.00 General Fund Water Distributing Pipe (system)

3/4" Water Distribution Pipe 5.00 General Fund 1" Water Distribution Pipe 10.00 General Fund 1 1/4" Water Distribution Pipe 15.00 General Fund 1 1/2" Water Distribution Pipe 20.00 General Fund 2" Water Distribution Pipe 25.00 General Fund Over 2" Water Distribution Pipe 30.00 General Fund Reduced pressure zone back flow preventer (each) 5.00 General Fund Domestic water treatment & filtering equip. only 5.00 General Fund Medical gas system 45.00 General Fund Inspections Special/Safety Inspections (incl. cert. fee) 71.00 General Fund Additional Inspection 71.00 General Fund Underground 71.00 General Fund

Final Inspection 71.00 General Fund Minimum Plumbing Permit Fee 127.00 General Fund Penalty for starting work before obtaining permit 71.00 plus permit fee General Fund Reinspection of Documented code violations 71.00 General Fund

MECHANICAL INSPECTIONS - (COMMERCIAL ONLY) *All Commercial Permits and Plan Reviews are subject to 10% Processing Fee in addition to the calculated permit fee Application Fee 56.00 General Fund Commercial Heating System (including Duct & Pipe)

New Bldg Only 50.00 General Fund Gas or Oil Burners (Furnace, Roof Top Units, Etc.) 30.00 General Fund Boilers 30.00 General Fund Water Heaters 5.00 General Fund Dampers 5.00 General Fund Solid Fuel equipment / Gas Burning Fireplace 30.00 General Fund Combined Fuel Furnaces 30.00 General Fund Solar Equipment per panel 20.00 General Fund Air Conditioning Unit (includes split systems)

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-10

RTU - Cooling ONLY 30.00 General Fund Heat Pumps 30.00 General Fund All Fuel Chimneys (B-Vent & PVC) 25.00 General Fund Bath / Clothes Dryer Vents 5.00 General Fund Kitchen Exhaust System 5.00 General Fund Tanks:

Aboveground Tank (each) 20.00 General Fund Underground Tank (each) 25.00 General Fund

Humidifiers 10.00 General Fund Electric Air Cleaner 10.00 General Fund Piping (All Piping, Minimum Fee $25) 25.00 Duct Work (old rate, 0.10 FT) 25.00/each system General Fund Air Handlers/Heat Wheels

Under 10,000 CFM 20.00 General Fund Over 10,000 CFM 60.00 General Fund

Commercial Range Hoods (each) (includes duct & makeup air duct) 50.00 General Fund Heat Recovery Units 10.00 General Fund V.A.V. Boxes 10.00 General Fund Unit Ventilators/PTAC Units 10.00 General Fund Unit Heaters (Terminal Units) 15.00 General Fund Fire Suppression/Protection Systems (includes Piping) Per Head 0.75 General Fund Minimum Fee 20.00 General Fund

Evaporator Coils 30.00 General Fund Refrigeration Systems 30.00 General Fund

Split Systems 30.00 General Fund Centrifugal Units / Chillers 30.00 General Fund Cooling Towers 30.00 General Fund Compressor/Condenser 30.00 General Fund

INSPECTIONS

Special/Safety Inspection 71.00 General Fund Additional Inspection 71.00 General Fund Underground 71.00 General Fund Final Inspection 71.00 General Fund Minimum Mechanical Permit Fee Penalty for starting work before obtaining permit Reinspection of Documented code violations

127.00 71.00 plus permit fee 71.00

General Fund General Fund

Certification Fee 20.00 General Fund ADMINISTRATION Title Search 125.00 General Fund Annual Registration per unit 25.00 General Fund Reports 10.00 General Fund Enforcement Letters (each) 40.00 General Fund Notice to Vacate 100.00 General Fund

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-11

INSPECTIONS - RENTAL RESIDENTIAL Bi-annual 1-2 Unit per Unit 100.00 General Fund 3-4 Unit per Unit 80.00 General Fund 5-11 Unit per Unit 60.00 General Fund 12-20 Unit per Unit 40.00 General Fund 21 or more Units per Unit 30.00 General Fund Second Inspection per Unit 70.00 General Fund Additional Inspections per Unit 200.00 General Fund COMMERCIAL 1500 sq. ft. or less

30.00 General Fund

1501 to 2500 sq. ft. 60.00 General Fund 2501 to 5000 sq. ft. 120.00 General Fund 5001 sq. ft. or greater 250.00 General Fund ENFORCEMENT Unregistered Rental Unit - 2nd Notice

150.00

General Fund

Open to Casual Entry Securing Structure - Labor & Materials Valid Complaint Investigation

100.00 Actual Costs 100.00

General Fund General Fund General Fund

6-8 FIRE DEPARTMENT SERVICES Fee Received By Fire Department Permits 20.00 General Fund Violation of Burning Ordinance 250.00 General Fund Fire Reports 10.00 General Fund Response and Standby Fees Fire Department Pumper Use (per hour) 50.00 General Fund Full-time Staff (per hour) 1.65 X payroll rate General Fund On-call Staff (per hour) 15.00 General Fund Materials Actual Costs General Fund Contracted Services Actual Costs General Fund

6-9 WASTE WATER PLANT SERVICES Fee Received By MF Bact. Test 30.00 Sewer Fund P/A MUG Bact. Test 18.00 Sewer Fund pH Test 17.50 Sewer Fund Ammonia Test 35.00 Sewer Fund Contract for Excess Loading BOD Surcharge (per lb.) 0.33 Sewer Fund Suspended Solids (per lb.) 0.59 Sewer Fund COD over 450 mg/L (per lb.) 0.22 Sewer Fund Oil & Grease Analysis 30.00 Sewer Fund Total Suspended Solids 30.00 Sewer Fund TSS Volatile 30.00 Sewer Fund Biochemical Oxygen Demand 30.00 Sewer Fund Phosphorus 30.00 Sewer Fund

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-12

Trucked Waste Fees (per gallon) 0.075 Sewer Fund Recreational Vehicle Dump 7.00 Sewer Fund Grease Trap Waste (per Gallon) 5.00 Sewer Fund Phosphorus Surcharge (per lb.) 2.50 Sewer Fund

Industrial Permit Application Fee Average Flow >10,000 gallons per day 500.00/each Sewer Fund

Average Flow< 10,000 gallons per day 300.00/each Sewer Fund Industrial Permit Annual Maintenance Fee

Average Flow> 10,000 gallons per day 300.00/year Sewer Fund Average Flow< 10,000 gallons per day 100.00/year Sewer Fund

Industrial Permit Annual Inspection Fee Average Flow> 10,000 gallons per day 300.00/year Sewer Fund Average Flow< 10,000 gallons per day 100.00/year Sewer Fund Industrial Permit Re-Inspections Fee 150.00/each Sewer Fund

Industrial Permit Annual/Enforcement Compliance Sampling and Analysis – MAHL Parameters 440.00/each Sewer Fund

Sampling and Analysis-Compatible Parameters Sewer Fund (pH, TSS, BOD, COD, T-Phosphorus) 225.00/each Sewer Fund

Categorical Industrial User/Significant Industrial User Monthly Data Entry – Non-Electronic

100.00/month Sewer Fund

Monthly Data Entry – Electronic Submittal 50.00/month Sewer Fund Annual Grease Trap Inspections 100.00/each Sewer Fund Follow-up Grease Trap Re-inspections 75.00/each Sewer Fund Low-Level Mercury Sampling Per Event 300.00/each Sewer Fund Grease Tap Non-Compliance Enforcement Costs + 15% admin Sewer Fund

6-10 AIRPORT SERVICE Fee Received By Hangar Rental 684 SF T Hangar Unit 95.00 Airport Reserve 684 SF T Hangar Deposit 190.00 Airport Reserve 821 SF T Hangar Unit 105.00 Airport Reserve 821 SF T Hangar Deposit 210.00 Airport Reserve 1006 SF T Hangar Unit 135.00 Airport Reserve 1006 SF T Hangar Deposit 270.00 Airport Reserve Corporate Hangar Single Engine 75.00 Airport Reserve Light Twin to 39' Wingspan 130.00 Airport Reserve Medium Twin 39' Wingspan 175.00 Airport Reserve Tie Down 10.00 Airport Reserve Non-refundable Application Fee 50.00 Airport Reserve Ground Lease Agreement 175.00 Airport Reserve Airport Business License (initial) 50.00 Airport Reserve Annual Business License renewal 25.00 Airport Reserve 6-11 AMBULANCE SERVICE Fee Received By CITY RESIDENT RATE: Basic Life Support Service – Non Emergency 374.00 Ambulance Basic Life Support Service – Emergency 434.00 Ambulance Advanced Life Support Service – Non Emergency 606.00 Ambulance

Advanced Life Support Service – Emergency 634.00 Ambulance ALS 2 Transport 721.00 Ambulance Specialty Care Transport 790.00 Ambulance

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-13

ALS Treatment – Non Transport 461.00 Ambulance ALS2 Treatment – Non Transport 461.00 Ambulance BLS Assessment Ambulance

ALS Assessment Ambulance

CONTRACTED TOWNSHIP RATE Basic Life Support Service – Non Emergency 374.00 Ambulance Basic Life Support Service – Emergency 434.00 Ambulance Advanced Life Support Service – Non Emergency 606.00 Ambulance Advanced Life Support Service – Emergency 634.00 Ambulance ALS 2 Transport 721.00 Ambulance Specialty Care Transport 790.00 Ambulance ALS Treatment – Non Transport 461.00 Ambulance ALS2 Treatment – Non Transport 461.00 Ambulance BLS Assessment Ambulance

ALS Assessment Ambulance

OUTSIDE SERVICE AREA RATE Basic Life Support Service – Non Emergency 434.00 Ambulance Basic Life Support Service – Emergency 490.00 Ambulance Advanced Life Support Service – Non Emergency 663.00 Ambulance Advanced Life Support Service – Emergency 692.00 Ambulance ALS 2 Transport 778.00 Ambulance Specialty Care Transport 790.00 Ambulance ALS Treatment – Non Transport 519.00 Ambulance ALS2 Treatment – Non Transport 519.00 Ambulance BLS Assessment Ambulance

ALS Assessment Ambulance ADDITIONAL AMBULANCE FEES Per loaded mile rate 10.90 Ambulance Waiting Time per quarter hour 25.00 Ambulance Intercept fee - ALS 400..00 Ambulance BLS Ambulance Standby - per hour 100.00 Ambulance ALS Ambulance Standby - per hour 200.00 Ambulance

Rescue Truck & Extrication (per event) 400.00 Ambulance Rescue Truck & Equipment (per hour after 1st hour) 20.00 Ambulance Rescue Truck & Manpower (per event) 200.00 Ambulance Rescue Truck & Manpower (per hour after 1st hour) 50.00 Ambulance

City Administration reserves the right to bill payroll and equipment charges of City Crews to a property owner when he/she is in violation of a City Code or Ordinance.

6-12 Library Services Fee Received By Out of Service Area Fee 50.00 (single + 1) or Library 75.00 per Family/year Library Library Card Replacement Fee 1.00 Library Books, Audio, Software Late Fee 0.10/day Library Video Late Fee 0.50/day Library

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-14

Maximum fine limit 4.00 per item Library Printing/Copies 0.10 black/white Library 0.25 color Library Fax Charges 1.00 per page Library

CHAPTER 6 USER FEES AND SERVICE CHARGES

(2017) 6-15

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 9-1

CHAPTER 9 - MUNICIPAL CIVIL INFRACTIONS 9-1 DEFINITIONS.

Act means Act No. 236 of the Public Acts of 1961, as amended.

Authorized City Official means a police officer or code enforcement officer or building official or building officer or code enforcement official or other officer or employee of the City authorized by this Code or any ordinance to issue municipal civil infraction citations or municipal civil infraction violation notices.

Bureau means the City of Three Rivers Municipal Ordinance Violations Bureau as established by this Chapter.

Municipal civil infraction citation means a written complaint or notice prepared by an Authorized City Official directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

Municipal civil infraction violation notice means a written notice prepared by an authorized City official directing a person to appear at the Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the City, as authorized under Sections 8396 and 8707(6) of the Act.

9-2 MUNICIPAL CIVIL INFRACTION ACTION; COMMENCEMENT. A municipal civil infraction action may be commenced upon the issuance by an authorized City official of (1) a municipal civil infraction citation directing the alleged violator to appear in court; or (2) a municipal civil infraction violation notice directing the alleged violator to appear at the Bureau.

9-3 MUNICIPAL CIVIL INFRACTION CITATIONS; ISSUANCE AND SERVICE. Municipal civil infraction citations shall be issued and served by authorized City officials as follows:

(A) The time for appearance specified in a citation shall be within a reasonable time after the citation is issued.

(B) The place for appearance specified in a citation shall be the District Court.

(C) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the City and issued to the alleged violator as provided by Section 8705 of the Act.

(D) A citation for a municipal civil infraction signed by an Authorized City Official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the Official signing the complaint and if the citation contains the following statement immediately above the date and signature of the Official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."

(E) An Authorized City Official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.

(F) An Authorized City Official may issue a citation to a person if:

(1) Based upon investigation, the Official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or

(2) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the Official has reasonable cause to believe that the person is responsible for an infraction and if the Prosecuting Attorney or City Attorney approves in writing the issuance of the citation.

(G) Municipal civil infraction citations shall be served by an Authorized City Official as follows:

(1) Except as provided by Subparagraph (2) below, an Authorized City Official shall personally serve a copy of the citation upon the alleged violator.

(2) If the municipal civil infraction action involves the use or occupancy of land, a building or other structure, a copy of the citation does not need to be personally served upon the alleged violator, but may be served upon an owner or occupant of the land, building or structure by posting the copy on the land or attaching the copy to the building or structure. In addition, a copy of the citation shall be sent by first-class mail to the owner of the land, building or structure at the owner's last known address.

9-4 MUNICIPAL CIVIL INFRACTION CITATIONS; CONTENTS. A municipal ordinance citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in Court, the telephone number of the Court, and the time at or by which the appearance shall be made.

Further, the citation shall inform the alleged violator that he or she may do one of the following:

(A) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.

(B) Admit responsibility for the municipal infraction "with explanation" by mail by the time specified for appearance, or in person, or by representation.

(C) Deny responsibility for the municipal civil infraction by doing either of the following:

(1) Appearing in person for an informal hearing before a Judge or District Court Magistrate without the opportunity of being represented by an attorney unless a formal hearing before a Judge is requested by the

CHAPTER 9 MUNICIPAL CIVIL INFRACTIONS

(2017) 9-2

City. (2) Appearing in Court for a formal hearing before a Judge with the opportunity of being represented by an attorney.

(D) The citation shall also inform the alleged violator of all of the following:

(1) That if the alleged violator desires to admit responsibility "with explanation" in person or by representation, the alleged violator must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.

(2) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing unless a hearing date is specified on the citation.

(3) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the City.

(4) That at an informal hearing the alleged violator must appear in person before a Judge or District Court Magistrate without the opportunity of being represented by an attorney.

(5) That at a formal hearing the alleged violator must appear in person before a Judge with the opportunity of being represented by an attorney.

(E) The citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in entry of a default judgment against the alleged violator on the municipal civil infraction.

9-5 MUNICIPAL ORDINANCE VIOLATIONS BUREAU 9-5.1 Bureau established. The City hereby establishes a Municipal Ordinance Violations Bureau ("Bureau"), as authorized under Section 8396 of the Act, to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by Authorized City Officials and to collect and retain civil fines and costs as prescribed by this Code or any ordinance.

9-5.2 Location; supervision; employees; rules and regulations. The Bureau shall be located at Three Rivers City Hall and shall be under the supervision and control of the City Treasurer. The City Treasurer, subject to the approval of the City Commission, shall adopt rules and regulations for the operation of the Bureau and appoint any necessary qualified City employees to administer the Bureau.

9-5.3 Disposition of violations. The Bureau may only dispose of municipal civil infraction violations for which a fine has been scheduled and for which a municipal civil infraction violation notice (as compared with a citation) has been issued. The fact that a fine has been scheduled for a particular violation shall not entitle any person to dispose of the violation at the Bureau. Nothing in this Chapter shall prevent or restrict the City from issuing a municipal civil infraction citation for any violation or from prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of a municipal civil infraction violation at the Bureau and may have the violation processed before a court of competent jurisdiction. The unwillingness of any person to dispose of any violation at the Bureau shall not prejudice the person or in any way diminish the person's rights, privileges and protection accorded by law.

9-5.4 Bureau limited to accepting admissions of responsibility. The scope of the Bureau's authority shall be limited to accepting admissions of responsibility for municipal civil infractions and collecting and retaining civil fines and costs as a result of those admissions. The Bureau shall not accept payment of a fine from any person who denies having committed the offense, or who admits responsibility only with explanation, and in no event, shall the Bureau determine or attempt to determine the truth or falsity of any fact or matter relating to an alleged violation.

9-5.5 Municipal civil infraction violation notices. Municipal civil infraction violation notices shall be issued and served by Authorized City Officials under the same circumstances and upon the same persons as provided for citations as provided in Section 9-3 of this Chapter. In addition to any other information required by this Code or other ordinance, the notice of violation shall indicate the time by which the alleged violator must appear at the Bureau, the methods by which an appearance may be made, the address and telephone number of the Bureau, the hours during which the Bureau is open, the amount of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the required fine within the required time.

9-5.6 Appearance; payment of fines and costs. An alleged violator receiving a municipal civil infraction violation notice shall appear at the Bureau and pay the specified fine and costs at or by the time specified for appearance in the municipal civil infraction violation notice. An appearance may be made by mail, in person, or by representation.

9-5.7 Procedure where admission of responsibility not made or fine not paid. If an Authorized City Official issues and serves a municipal ordinance violation notice and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by the schedule of fines for the violation are not paid at the Bureau, a municipal civil infraction citation may be filed with the District Court and a copy of the citation may be served by first-class mail upon the alleged violator at the alleged violator's last known address. The citation filed with the Court does not need to comply in all particulars with the requirements for citations as provided by Section 8705 and 8709 of the Act, but shall consist of a sworn complaint containing the allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator how to respond to the citation.

CHAPTER 9 MUNICIPAL CIVIL INFRACTIONS

(2017) 9-3

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 12-1

CHAPTER 12 - BUILDING AND HOUSING

12-1 GENERAL BUILDING REGULATIONS. 12-1.1 City Enforcement of State of Michigan Building, Mechanical and Plumbing Codes. Pursuant to the provisions of the State of Michigan Building, Mechanical and Plumbing Codes in accordance with Section 8b(6) of 1972 PA 230, as amended, the Building Code Official of the City is designated as the enforcing agency to discharge the responsibilities of the City under 1972 PA 230, as amended, in regard to the State of Michigan Building, Mechanical and Plumbing Codes.

12-1.2 State of Michigan Electrical Code Enforcement. The responsibility of administration and enforcement of the State of Michigan Electrical Code is transferred to the Executive Director of the Bureau of Construction Codes, Michigan Department of Energy, Labor and Economic Growth, pursuant to Section 9 of 1972 PA 230, as amended.

12-2 HOUSING REGULATIONS. 12-2.1 Citation. This Section shall be known and may be cited as the "Housing Ordinance" of the City.

12-2.2 Purpose. The purpose of this Section is to promote the health, safety and welfare of the people of the City by establishing minimum standards for the condition, care and maintenance of housing and accessory structures; directing the inspection thereof; establishing enforcement and notice procedure, including registry of responsible persons; creating a Board of Appeals and the procedure therefor; providing for a placarding and posting of dwellings and the procedure for repair, rehabilitation or demolition, fixing the responsibility for condition, care and maintenance of housing; providing for penalties for the violation of this Section, the vacation of dwellings unfit for human habitation, and legal procedures for the enforcement hereof.

12-2.3 Definitions. Accessory Building means any building or structure not used as a dwelling which is located on the same premises as a dwelling.

Approved means approved in accordance with regulations promulgated by the Building Official.

Basement means that portion of a building below grade but so located that the vertical distance from grade to the floor is not greater than the vertical distance from the grade to the ceiling; provided, however, that if the vertical distance from the grade to the ceiling is six (6') feet or more, such basement shall be counted as a story.

Building Official means an authorized City official designated to issue municipal civil infraction citations (directing alleged violators to appear in Court) or municipal civil infraction notices (directing alleged violators to appear at the City of Three Rivers Municipal Ordinance Violations Bureau) as provided by this Code.

Cellar means that portion of a building partly below grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling. Provided, however, that if the vertical distance from the grade to the ceiling is six (6') feet or more, such cellar shall be counted as a story. Except as provided above, a cellar shall not be counted as a story. If any portion of a building constitutes the equivalent of a basement or cellar, the provisions relative to basements and cellars shall apply to such portion of the building.

Construction of Exits means exits shall be constructed in accordance with the provisions of this Code.

Dwelling means any building which is wholly or partly used or intended to be used for living, sleeping, cooking or eating by human occupants.

Dwelling Unit means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Exit means a continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, ramps and stairways.

Habitable Room means a room used or intended to be used for living, sleeping, or eating purposes excluding bathrooms, toilet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms, and storage spaces.

Health Officer means the District Health Department and/or his authorized representative.

Mechanical Equipment means and includes heating equipment and water heaters.

Minimum Exit Standards means when two (2) or more exits are required by any Subsection of this Section, they shall be remote from each other and so constructed and arranged as to minimize any possibility that both may be blocked by any one (1) fire or other emergency condition.

Nuisance means and includes:

(A) Any public nuisance known at common law or equity.

(B) Any condition which might attract and be dangerous to children, whether in a dwelling, on the premises upon which a dwelling is located or upon an unoccupied lot near a dwelling; this includes, but is not limited to, abandoned wells, cisterns, shafts, basements, excavations, abandoned refrigerators and motor vehicles or parts thereof, structurally unsound fences, outbuilding or structures, lumber, trash, fences, debris,

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-2

vegetation, mounds of grave, sand or earth which might prove a hazard for inquisitive minors, or whatever is dangerous to human life or is detrimental to health.

(C) Overcrowding a room with occupants.

(D) Lack of adequate egress.

(E) Insufficient ventilation or illumination.

(F) Inadequate or unsanitary sewage or plumbing facilities.

(G) Whatever renders air, food or drink unwholesome or detrimental to health as determined by the Health Officer or Building Official.

(H) Insufficient support, inadequate sewerage, drainage, heating or wiring.

(I) Any violation of the provisions of this Section relating to the above declared nuisances.

Occupant means any person over one (1) year of age living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

Operator means any person having charge, care, management or control of any dwelling or part of it in which dwelling units or rooming units are let.

Owner means any person who, alone or jointly or severally with others:

(A) Shall have the legal title to a dwelling or part thereof with or without the accompanying actual possession thereof.

(B) Shall be the land contract purchaser of any premises, dwelling or part thereof.

(C) Shall have the charge, care, custody, possession or control of any dwelling or part thereof, as owner or agent of the owner, or as fiduciary.

Plumbing means and includes all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, toilets, sinks, installed clothes-washing machines, catch basins, drains, vents, and any other supplied fixtures together with all connections to water and sewer lines.

Premises means any improved or unimproved lot or parcel of land and the buildings thereon.

Rooming Unit means any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping but not for cooking or eating purposes.

Rubbish means any combustible or non-combustible waste materials except garbage, including, but not restricted to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastics, tree branches, yard trimmings, tin cans, metals, automotive parts, mineral matter, glass, crockery, dust, and the residue from the burning of combustible materials.

Service of Notice means the date of personal service of a copy of the notice or the date the notice is mailed to the owner or occupant.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the next floor above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6') feet above grade, such basement or cellar shall be considered a story.

Supplied means paid for, furnished, or provided by or under the control of the owner or operator.

Unfit for Human Habitation means any dwelling or dwelling unit which, because of its condition or the condition of the lot upon which the dwelling or dwelling unit stands, or any accessory structure thereof, renders the same dangerous to life, safety, morals or the general welfare of the occupants or of the public, which shall have any of the following defects:

(A) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City.

(B) Those having light, air or sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

(C) Those having inadequate means of egress.

(D) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

(E) Those which, because of their dilapidated conditions, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this City.

(F) Those in which the owner or occupant fails to comply with orders of the Building Official, based on the provisions of this Section or on rules and regulations adopted pursuant thereto.

Yard means all ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a dwelling.

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-3

Meaning of Certain Words means whenever the words "dwelling", "dwelling unit" "rooming house", "rooming unit", "premises" are used in this Section, they shall be construed as though they were followed by the words "or any part thereof".

12-2.4 Inspections. The Building Official is hereby authorized and directed to make inspections for the enforcement of this Section. In order to make inspections, the Building Official shall have reasonable right of access. When he knows or shall have reasonable cause to suspect that there is a violation of this Section, he may demand entrance to any building, structure, house or dwelling on reasonable notice and at a reasonable time for the purpose of inspecting the same. If the structure is a dwelling unit occupied by the owner and entrance is refused, the Building Official shall present to him a written statement signed by the City Manager setting forth the reasons for entry, and the Building Official shall then have the right of entrance.

12-2.5 Minimum Standards for Basic Equipment and Facilities. (A) Required Facilities. Every dwelling or dwelling unit shall contain the equipment and facilities specified in this

subsection.

(B) Kitchen Sink. Every dwelling shall contain within the kitchen unit a kitchen sink properly connected to a water and sewer system and in good working condition.

(C) Toilet, Lavatory and Bath. Every dwelling unit shall contain a room which affords privacy to a person within the room and which is equipped with a flush toilet, a lavatory basin and a bathtub or shower in good working condition properly connected to a water and sewer system.

(D) Water Heating Facility. Every dwelling shall have properly installed an automatic temperature controlled water heating facility, and every kitchen sink lavatory basin, and bath tub and/or shower shall be properly connected with hot and cold water lines.

12-2.6 Minimum Standards for Light, Ventilation, and Heating.

(A) Windows. Every habitable room shall have at least one (1) window which faces directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be one-eighth (1/8) of the floor area of such room.

(B) Ventilation. Every habitable room shall have at least one (1) window or skylight which can easily be opened for adequate ventilation except where there is supplied some other device or method affording adequate ventilation and approved by the Building Official.

(C) Bathroom Light and Ventilation. Every bathroom and toilet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and toilet compartments equipped with an electric-powered mechanical ventilation system.

(D) Heating Facilities and Mechanical Equipment. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and toilet compartments in every dwelling unit located therein to a temperature of at least sixty-eight (68ΕF) degrees Fahrenheit, at a distance five (5') feet above floor level when the outdoor temperature is at or above ten (10ΕF) degrees Fahrenheit. All other mechanical equipment shall be maintained in a safe and good working condition. Portable heating equipment employing a flame and heating equipment using gasoline or kerosene as fuel are prohibited.

(E) Electric Service. Every existing kitchen and habitable room shall contain at least two (2) separate floor or wall-type electric convenience outlets, or one (1) such convenience outlet and one (1) supplied ceiling or wall-type electrical light fixture. Additional convenience outlets shall be provided in sufficient number to adequately service the electrical devices and or appliances located therein without the use of unapproved wiring methods. Cords to appliances and devices shall not be run through doorways, under rugs or stapled to wood baseboards, door casings, or through holes in partitions or floors. All outlets and fixtures shall be properly installed and shall be maintained in a good and safe working condition and shall be connected to the source of electric power in a safe manner.

12-2.7 General Requirements Relating to the Safe and Proper Maintenance of Parts of Dwellings and Dwelling Units.

(A) Maintenance. Every part of a dwelling or dwelling unit shall be maintained in a clean condition and in good repair, and no person shall occupy as owner-occupant any part of a dwelling or dwelling unit for the purpose of living which does not comply with the requirements of this Subsection.

(B) Foundation, Floor, Wall, Ceiling and Roof. Every exterior foundation, wall, and roof shall be weathertight and rodent-proof; shall be capable of affording privacy; and shall be kept in good repair. Every interior floor, wall or ceiling shall be rodent and vermin proof, capable of affording privacy and shall be kept in good repair.

(C) Exterior Openings. Every window, exterior door and basement hatchway shall be weathertight, watertight, and rodent-proof and shall be kept in sound working condition and good repair.

(D) Interior Walls, Floors, and Ceilings. Every interior partition, wall, floor, and ceiling shall be capable of affording privacy, kept in reasonably good state of repair and maintained so as to permit them to be kept clean and fit for human habitation.

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-4

(E) Rain Water Damage from Roof. All rain water shall be so drained and conveyed from every roof so as not to cause dampness in any part of a building.

(F) Protection of Exterior Wood Surfaces. All exterior wood surfaces shall be protected from the elements and against decay, by paint or other approved protective coating applied in a good workmanlike manner and shall be repaired or otherwise protected if more than twenty (20%) percent of the surface is in need of protection.

(G) Stairs, Porches. Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed and maintained as to be safe.

(H) Plumbing Fixtures. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition.

(I) Floor Surfaces. Every toilet room, bathroom and kitchen floor surface shall be constructed and maintained so as to be water resistant and easily cleanable.

(J) Supplied Facilities. Every supplied facility, piece of equipment, or utility which is required under this Section shall be so constructed, installed and maintained as to function safely and effectively.

(K) Maintenance of Accessory Structures. All accessory structures shall be supported on proper foundations and all parts thereof shall be maintained in good repair.

(L) Cleanliness of Dwelling. Every dwelling and every part thereof shall be kept clean and shall also be kept free of any accumulation of filth, rubbish, garbage or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected therewith or belonging to the same, including the lot upon which the dwelling is located and adjacent lots owned by the owner of the dwellings or by persons other than the owner of the dwelling.

12-2.8 Minimum Space, Use and Location Requirements.

(A) Minimum Requirements. No person shall occupy any dwelling or dwelling unit which does not comply with the requirements of this Subsection.

(B) Minimum Living Space. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant and at least one hundred (100) additional square feet of floor space for every additional occupant the floor space to be calculated on the basis of total habitable room area. In no case shall any private dwelling be occupied which does not contain at least four hundred fifty (450) square feet of habitable room area.

(C) Minimum Sleeping Space. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof.

(D) Minimum Ceiling Height. At least one-half (½) of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet six (6") inches; and the floor area of that part of any room where the ceiling height is less than five (5') feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(E) Cellar. The cellar space shall not be used as a habitable room or dwelling unit. It is not the intent of this Subsection to prohibit the use of cellar rooms for recreation purposes.

(F) Basement. No basement space shall be used as a habitable room or dwelling unit unless:

(1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.

(2) The total window area in each room is equal to at least the minimum window area size required in Subsection 12-2.6.

(3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area.

(4) The total openable window area in each room is equal to forty-five (45%) percent of the minimum window area except where there is supplied by some other device adequate ventilation and approved by the Building Official.

(G) House Trailers. No house trailer, whether mobile or not, shall be occupied as a dwelling within the City except in legally established mobile home park.

(H) Temporary Dwellings. It shall be unlawful to erect or occupy any structure which is intended to be occupied in whole or in part as a temporary dwelling unless it complies with all provisions of this Section.

12-2.9 Service of Notices and Orders. (A) Notices and Orders. Whenever the Building Official determines that there are reasonable grounds to believe

that there has been a violation of any provision of this Section or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation and orders for correction of violation to the person(s) responsible, as hereinafter provided. Such notice shall:

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-5

(1) Be put in writing.

(2) Include a statement of the conditions that constitute violations of this Section.

(3) Specify that a permit or permits for the performance to correct such violations be taken out.

(4) Notify the owner or his agent or the occupant, as the case may require, of the time within which the violation shall be corrected. If he finds that the work cannot be completed within the time specified, or for any other reason, he may appeal to the Housing Board of Appeals as set forth in this Section.

(5) Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant if a copy is served upon him personally, or if the copy is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State. The time for performance shall commence on the date of personal service or date of posting or mailing whichever is later.

(6) Emergency Clause. Whenever the Building Official finds that an emergency exists which required immediate action to protect the public health and safety, he shall without notice or hearing issue an order reciting the existence of an emergency and requiring that action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this Section, such order shall be effective immediately. Any person to whom such order is directed shall comply immediately.

12-2.10 Housing Board of Appeals. The Zoning Board of Appeals established pursuant to Section 30-35 of Chapter 30 of this Code shall be and act as the Housing Board of Appeals.

(A) Duties of the Housing Board of Appeals. The Housing Board of Appeals shall act as an advisory committee to the City Commission and shall have the further powers and duties.

(1) Provide interpretations of the provisions of this Chapter.

(2) Hear and decide appeals from and review any order, requirement, decision or determination made by officials charged with the enforcement of this Section.

(3) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Section, the Housing Board of Appeals shall have the power in passing upon appeals to vary or modify the rules, regulations and provisions of this Code so that the spirit of the Section is observed, public safety secured and substantial justice done, and it is hereby empowered to promulgate and issue regulations to such effect.

(4) Act, decide, and examine and determine as authorized and directed by this Section.

(5) Prepare an annual report to the City Commission by January 15.

(B) Procedure for Appeals. Appeals from rulings of any official charged with the enforcement of this Section or the Housing Law of Michigan may be made to the Board within such time as shall be prescribed by the Board or by this Section. The applicant shall file with the Building Official from whose decision the appeal is taken and with the Board a notice of appeal specifying the ground therefor and stating the address of the appellant. The official from whom the appeal is taken shall transmit to the Board a summary report of all previous action taken. The Housing Board of Appeals shall fix a reasonable time. Within the limits of its jurisdiction, hereinabove prescribed, the Board of Appeals may reverse or affirm, in whole or part, or may make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Official from whom the appeal is taken. The final disposition of the appeal shall be in writing and shall state the grounds therefor and shall be mailed to the last known address of the appellant. Any person, including the Building Official, may file with the Housing Board of Appeals requests for interpretation, approval of methods or materials or any other matter provided for under the powers and duties of the Board in the same manner as provided for appeals herein. The Housing Board of Appeals may make such other and further procedural rules as shall be necessary to perform their duties and exercise their powers.

(C) Decisions. The decision of the Board shall be final after five (5) days following decisions.

(D) Meetings, Rules and Procedure, Quorum. The Board of Appeals shall meet at such times as the Board may determine. There shall be a fixed place of meeting, and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board and the vote of each member upon each question considered. The presence of five (5) voting members shall be necessary to constitute a quorum. It shall take a majority of the Board of Appeals present and voting to make a determination.

(E) Secretary, Records. The member of the Housing Board of Appeals elected as Secretary shall serve as recording secretary and shall record and maintain an official record of all of the Board's transactions.

12-2.10A Construction Board of Appeals. A Construction Board of Appeals is hereby created consisting of not less than three nor more than seven members.

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-6

(A) The members of the Construction Board of Appeals shall be appointed for 2-year terms by the City Manager with approval of the City Commission. A member of the Board shall be qualified by experience or training to perform the duties of members of the Construction Board of Appeals.

(B) If the Building Code Official refuses to grant an application for a building permit or if the Building Code Official makes any other decision pursuant or related to the Michigan Building Code or Public Act 230 of the Public Acts of 1972 as amended, an interested person, or the person’s authorized agent, may appeal in writing to the Construction Board of Appeals. The Board shall hear the appeal and render and file its decision with a statement of reasons for the decision with the Building Code Official and with the party taking the appeal not more than 30 days after submission of the appeal. Failure by the Board to hear an appeal and file a decision with a statement of the reasons for the decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal by the party taking the appeal.

(C) The City Commission may grant the Construction Board of Appeal additional powers or duties not inconsistent with the Construction Code Act or establish procedures to be followed by the Board insofar as the procedures do not conflict with the Construction Code Act. The Construction Board of Appeals may, by rules, establish its own procedures that are not in conflict with the Construction Code Act, the City Code, or other laws.

(D) The business which the Construction Board of Appeals may perform shall be conducted at a public meeting of the Board held in compliance with the Open Meetings Act. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act.

(E) A record of the decisions made by the Construction Board of Appeals, property indexed, and any other writing prepared, owned, used or in the possession of or retained by the Board in performance of its official functions shall be made available to the public in compliance with the Freedom of Information Act.

12-2.11 Designation of Dwellings Unfit for Human Habitation and Legal Procedure for Condemnation.

(A) Order to Vacate, Repair or Demolish. Any dwelling or dwelling unit or accessory structure unfit for human habitation shall be ordered repaired or rehabilitated or demolished to correct the conditions rendering the same unfit for human habitation.

(B) Notices. The Building Official shall give notice to the owner that the dwelling or dwelling unit or accessory building is unfit for human habitation. Such notice shall:

(1) Be in writing.

(2) Include a description of the real estate sufficient for identification (this may be by street number or other description).

(3) Include a description of the defects, conditions, and/or violations of the provisions of this Section and any rules or regulations adopted pursuant thereto.

(4) Set a reasonable time limit for making the repairs, rehabilitations or to demolish the building.

(5) State that the owner may appeal the ruling of the Building Official to the Housing Board of Appeals in accordance with the provisions of this Section and the procedure and rules promulgated by the Housing Board of Appeals.

(6) Be served upon the owner as provided in this Section for the service of notices.

(C) Placarding. If the owner fails to make the repairs, rehabilitations and improvements, or if he fails to demolish the building as required within the time limit specified, the Building Official shall post in a conspicuous place or places a placard bearing the following words: "CONDEMNED AS UNFIT FOR HUMAN HABITATION."

(D) Re-Use. No dwelling or dwelling unit which has been condemned for human habitation shall again be used for human habitation until written approval is secured and said placard is removed by the Building Official. The Building Official shall remove such placard whenever the defect or defects upon which the condemnation was based have been eliminated.

(E) Vacation of Condemned and Placarded Dwellings and Dwelling Units. Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation by the Building Official shall be vacated within a reasonable time, as required by the Building Official. No owner operator shall let to any person for human habitation, and no person shall occupy nor permit anyone to occupy any dwelling unit or dwelling which has been condemned and placarded by the Building Official after the date on which the Building Official has required the affected dwelling or dwelling unit to be vacated.

(F) Removal of Vacating Order and Placard. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the Building Official. The Building Official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(G) Defacing of Placard. No person shall deface or remove the placard from any dwelling or dwelling unit except the Building Official as above provided.

(H) Order to Demolish. When the condition of a dwelling or accessory building is such that the cost of repair and rehabilitation to place it in a safe, sound and sanitary condition exceeds one hundred (100%) percent of

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-7

the assessed valuation of the building at the time when the repairs and rehabilitations are to be made, the building shall not be repaired or rehabilitated unless made to comply in all respects with this Code provisions pertaining to new structures or conversion of old structures. In case such dwelling or building is not so repaired or rehabilitation within the time limit ordered by the Building Official, it shall be demolished and removed.

(I) Failure to Comply with Order. If the owner fails to comply with the order to demolish, the Building Official may apply to the proper court for an order authorizing the Building Official to demolish the building.

(J) Recovery of Expenses of Demolition. In the event of expense being incurred by the Building Official in the work of demolishing and removing any dwelling or building, the Building Official shall report the amount to the City Clerk who shall collect the amount from the owner. If the bill is not paid, it shall be assessed against the property involved.

12-2.12 Boarding up of Dwellings.

(A) Casual Entry. No person shall permit any vacant dwelling to remain open to casual entry.

(B) Time Limit. No person shall permit any dwelling or accessory building to be boarded up for a period of longer than six (6) months.

(C) Boarding up of Openings. Any boarding up of openings in a dwelling or accessory building shall be done with plywood of minimum thickness of one-half (½) inch, free of holes. It shall fully cover each opening and be securely fastened. All exposed edges and surfaces shall be painted.

(D) Extension. The period of six (6) months may be extended by the Building Official upon filing by the owner, or person responsible for the premises of an application for required permits to comply with this Code.

(E) Hearing. If any person shall permit a dwelling or accessory building to be boarded up for longer than six (6) months without an extension as authorized in Subparagraph (D) above, the Building Official shall give the owner notice of hearing before the Housing Board of Appeals to show cause why the dwelling or accessory building should not be repaired or razed. The hearing shall be held at a time and place set out in the notice, which time shall be at least ten (10) days after the date of service of the notice. Service may be by personal service or by mailing to the last known address of the owner or person responsible for the premises and notice shall be considered served on the date of personal service or the date of mailing.

(F) Show Cause. At the hearing, the owner may appear in person or by his attorney or both and show cause as provided above.

(G) Finding. If the Housing Board of Appeals shall find that this Chapter is being violated, it shall set a specific time within which the dwelling or accessory building shall be repaired or razed. If there are practical difficulties or unnecessary hardships in the way of repairing or razing the dwelling or accessory building, the Housing Board of Appeals may permit the dwelling or accessory building to remain boarded up for a further period of time, or order emergency repairs, if public safety is served and substantial justice is done.

(H) Non-Compliance. If the owner does not comply with the order of the Housing Board of Appeals, the Building Official may have the owner prosecuted for violation of this Section, or other applicable provisions of this Code or may apply to the Circuit Court for an injunction or order directing the owner to comply therewith or both.

(I) Lien Against Property. If the Housing Board of Appeals shall have determined that the condition of the house or accessory building is such as to render the dwelling dangerous to public health, safety or welfare, or to persons residing in the neighborhood, the City Commission may direct the Building Official to immediately raze the dwelling or accessory building and the costs shall be a lien against the property and collected in the same manner as special assessments against the property as provided in This Code and in Section 10.59 of the City Charter.

(J) Existing Buildings. This Section shall apply to existing boarding up or open dwellings and accessory buildings as well as those which may be boarded up or open in the future.

12-2.13 Penalty, Enforcement and Remedies. (A) Penalties and Enforcement. Any person who shall violate any provision of this Section shall upon conviction

in any court of competent jurisdiction be subject to a fine of not to exceed Five Hundred ($500) Dollars or to imprisonment in the County jail for a period of not to exceed ninety (90) days, or both such fine and imprisonment at the discretion of the court. Each week that a violation is permitted to exist shall constitute a separate offense.

(B) Enforcement.

(1) In case any dwelling is constructed, altered, converted or maintained in violation of any provision of this Section or of any order or notice hereunder, or in case a nuisance exists in any such dwelling or upon the lot on which it is situated or within an accessory structure, the Building Official may institute an action in the Circuit Court to prevent such unlawful construction, alteration, conversion or maintenance to restrain, correct or abate such violation or nuisance; to prevent the occupation of the dwelling, building or structure; or to prevent any illegal act or conduct a business in or about such dwelling or lot. The procedure for such action shall be the same as for an injunction or

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-8

abatement of nuisance under Circuit Court rules or the statutes in such case made and provided, or the common law.

(2) The judgment of the court in such cause may direct the correction, repair or rehabilitation of the dwelling or building or the abatement of the nuisance; may authorize a reasonable time within which the defendant may make such correction or abatement; and may authorize the Building Official to execute and carry out the provisions of the judgment in case of default by the defendant. Whenever the City has incurred any expense for the enforcement of this Section or the judgment of the court, the City may institute and maintain a suit against the owner of the premises in respect to which such expense shall have been incurred and may recover the amount of such expense in addition to the costs of suit. The judgment of the court may order the vacation of the premises until the corrections, rehabilitations or abatements are completed.

(3) The City shall have a lien upon the premises for the expenses necessarily incurred in the execution of such judgment, which lien shall have priority over all other liens or encumbrances except taxes, assessments or mortgages recorded previous to the existence of such lien. Such lien may be foreclosed as in the case of foreclosure of mortgages by court action as established by the Circuit Court Rules and the Statutes of the State in such case made and provided.

(C) Alternative Enforcement - Unsafe Structures. In addition to any enforcement procedures herein contained, the following procedures may be used in any case where an unsafe structure is involved. An unsafe structure is hereby declared to be a public nuisance and a hazard to the public health, safety and welfare.

(D) Unsafe Structure shall mean any one of the following:

(1) Any building which shall become vacant and open at door or window, leaving the interior exposed to the elements or accessible to entrance by trespassers or animals.

(2) Any building which has been damaged, vandalized, or has deteriorated to such an extent as to be unfit or unsuitable for occupancy and which has not been made habitable or safe to the standards of this Section within thirty (30) days after notice by the Building Official upon the last known owner or person having the right to possession.

(3) Any sign, fence, shed, lean-to, cellar or other structure which has become rotted, broken, infirm, or dilapidated as to be likely to fall over or otherwise injure persons coming upon the premises.

(4) Any building or structure which becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

(E) Report. Whenever the Building Official shall find the whole or any part of any building, sign or other structure to be an unsafe structure as above defined, he shall make and file his report with the City Clerk for attention of the City Commission, attaching such details, pictures, diagrams, records, and appraisals as he may find appropriate and requesting that an order be issued by the City Commission requiring the owner or possessor to raze or rehabilitate the premises to code standards or ordering the Building Official to raze or rehabilitate the same to code standards and assess the costs incurred against the premises as provided in this Code and the City Charter.

(F) Resolution for Hearing. Upon receiving such report from the Building Official, or upon its own motion, the City Commission may adopt a resolution calling a hearing to determine whether such unsafe structure exists and whether an order as requested should be issued. The hearing shall be set not less than seven (7) days after the adoption of the resolution. Not less than three (3) days before the hearing, a notice shall be served by the Building Official in person or by registered or certified mail upon the last known owner or person having the right to possession of the premises as determined by City records and other diligent search. If the Building Official is unable to serve the notice for any reason, he shall file his report in writing respecting his efforts and such facts as will disclose diligent search to the satisfaction of the City Commission. In such case he shall have posted a copy of the notice on the premises.

(G) Hearing. At the time and place designated by the City Commission for a hearing regarding any unsafe structure, it shall receive and hear such evidence as may be submitted by the Building Official and by any owner, possessor or agent or representative.

(H) Commission Order. When it is determined that an unsafe structure exists as herein defined, it may by resolution order the same razed or rehabilitated to code standards, and the City Commission may direct that the owner or possessor be given a specified period of time within which to do the work, or it may direct the Building Official to accomplish the work with City forces or by contract forthwith. A copy of the resolution shall be mailed by regular mail to the last known address of the owner or possessor.

(I) Urgency. Where urgency exists or the condition is found to be especially hazardous, the City Commission may adopt its order upon the report of the Building Official or its own inspection without conducting a formal hearing. In such case, however, the owner or possessor shall be given such opportunity to be heard as may appear practicable.

(J) Assessment of Cost. In case the City shall incur any expense in razing or rehabilitating to code standards any unsafe structure as herein provided, a report of such expense shall be made to the City Commission, and it shall be assessed against the premises as provided in this Code and the City Charter.

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-9

(K) Notices and Orders. Whenever a dwelling fails to comply with, or its use or occupancy thereof fails to conform to the requirements of this Section, the Building Official shall serve a written notice upon the persons responsible, or their properly authorized agent, directing compliance.

(L) Stop Work Orders. Whenever, in the opinion of the Building Official, the continuance of a building operation is contrary to this Section, he shall order in writing all further work to be stopped and may require suspension of all work until he is satisfied that the conditions and violation will be corrected.

(M) Vacation of Premises. If, pursuant to the provisions hereof, the dwelling has been ordered vacated by the Building Official, and there is no compliance with the order in the time specified, the Building Official may petition the appropriate court to obtain compliance, and the court may order the occupants to vacate the dwelling forthwith.

(N) Lis Pendens. In any action instituted by the Building Official, the City Attorney shall file in the office of the Register of Deeds of St. Joseph County a notice of the pendency of the action. A notice may be filed at any time before final judgment or order, or at any time after the service of any notice or order issued by the Building Official. The notice shall have the same force and effect as a lis pendens as provided for in the Statutes of the State in such case made and provided. The Register of Deeds shall record it and shall index it to the name of each person specified in directions subscribed by the City Attorney. Any notice may be vacated upon the order of the judge of the court in which the action or proceeding was instituted or is pending or upon consent in writing of the City Attorney. The Register of Deeds shall mark the notice and any record as canceled of record upon the presentation of the filing of consent or of a certified copy of the order.

(O) Municipal Civil Infraction. In addition to any other penalty for violation of this Chapter, a person who violates any provision of this Chapter is responsible for a municipal civil infraction, subject to the payment of a civil fine of not less than Fifty ($50) Dollars plus costs and other sanctions for each infraction. Repeat offenses under this Chapter shall be subject to increased fines as provided in this Code.

12-2.14 Fair Housing

(A) Statement of Fact and Policy. It is hereby found that the population of the City consists of people of many races, colors, religions, ancestries and national origins, and that discrimination in housing violates the public policy of the City and that such discrimination in housing is injurious to the public health, safety and general welfare of the City.

(B) Discrimination Prohibited. No owner of real property, lessee, sub lessee, real estate broker or salesman, lender, financial institution, builder, advertiser, or agent of any of the foregoing shall discriminate against any other person because of the religion, race, color or national origin of such other person or because of the religion, race, color or national origin of the friends or associates of such other person in regard to the sale or rental of, or dealings concerning, real property located in the City.

(C) Exemption. The provisions of this Section shall not apply to the rental of a room or rooms to three (3) or less persons in a single dwelling unit where the remainder of which dwelling unit is occupied by the owner or members of his immediate family, a lessee of the entire dwelling unit or members of his immediate family.

Nothing in this Section shall require an owner to offer property to the public at large before selling or renting it, nor shall this Section be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color or national origin.

(D) Penalties. Any person convicted of violating any of the provisions of this Section shall be punished by a fine of not more than One Hundred ($100) Dollars or imprisonment in the County jail for a period of not more than ninety (90) days, or both such fine and imprisonment in the discretion of the court.

12-3 NUMBERING OF HOUSES AND BUILDINGS 12-3.1 Assignment of Numbers by City Assessor. The buildings on the streets of the City shall be numbered by a system known as the "block" system. The City Assessor shall number all blocks, houses and other buildings in accordance with the "block" system. Numbers assigned by the Assessor shall be the official numbers, and the necessary maps, showing the location and the official number of all blocks, houses and other buildings, shall be made and kept on file in the office of the City Assessor and the City Clerk. No property owner shall display any number upon any house or other building except the official number.

12-4 FLOOD HAZARD AREAS 12-4.1 Agency Designated. Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Official of the City of Three Rivers or the designee of the Building Official, is hereby designated as the Enforcing Agency to discharge the responsibility of the City under Act 230, of the Public Acts of 1972, as amended, State of Michigan. In adopting this Ordinance, the City assumes responsibility for the administration and enforcement of said Act throughout corporate limits.

12-4.2 Code Appendix Enforced. Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the Building Official of the City or the designee of the Building Official.

CHAPTER 12 BUILDING AND HOUSING

(2017) 12-10

12-4.3 Designation of Regulated Flood Prone Hazard Areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled St. Joseph County, Michigan (All Jurisdictions) and dated June 4, 2010 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26149C0159D, 26149C0160D, 26149C0167D, 26149C0170D, 26149C0178D, 26149C0179D, and 26149C0186D and dated June 4, 2010 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code. 12-4.4 Repeals. All ordinances inconsistent with the provisions of this Ordinance are hereby repealed.

12-5 PROPERTY MAINTENANCE CODE FOR NON-RESIDENTIAL PROPERTY.

12-5.1 Adoption of Code by Reference. The International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code (the “Property Maintenance Code”) of the City of Three Rivers for regulating and governing the conditions and maintenance of non-residential property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that non-residential structures are safe, sanitary and fit for commercial, industrial and other non-residential occupation and use; and the condemnation of non-residential buildings and structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with the insertions, deletions and changes in Subsection 12-5.2. The Property Maintenance Code shall not apply to those spaces in a commercial building used primarily for residential purposes.

12-5.2 Revisions to Property Maintenance Code. The following Sections of the Property Maintenance Code are revised as follows:

Section 101.1 Insert: The City of Three Rivers, St. Joseph County, Michigan

Section 102.3 Delete

Section 103.5 Insert: City of Three Rivers Code, Chapter 6 entitled User Fees & Service Charges

Section 304.14 Insert: June 21st to September 23rd

Section 602.3 Insert: September 1st to May 1st

Section 602.4 Insert: September 1st to May 1st

(2017) 12-11

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 13-1

CHAPTER 13 - RENTAL HOUSING CODE 13-1 PURPOSE. The purpose of this Chapter is to protect, preserve and promote the physical and social well-being of the citizens of this community, to regulate rental dwellings for the purpose of maintaining adequate sanitation and public health, to protect the safety of the people and to promote the general welfare, and to encourage the maintenance of properties by legislation which shall be applicable to all rental dwellings now in existence or constructed. It shall be the further purpose of this Chapter to protect the public health, safety and welfare in buildings and on the premises as hereinafter provided by: (A) Establishing minimum standards for basic equipment and facilities in rental housing. (B) Fixing the responsibilities of owners, operators, and occupants of all rental structures. (C) Providing for administration and enforcement of rental housing standards. 13-2 DEFINITIONS.

13-2.1 Applicability. Definitions contained in this Chapter are applicable to this Chapter only.

13-2.2 Terms not Defined. Where terms are not defined in this Chapter but are otherwise defined in this Code or in the Building Code, they shall have the same meanings ascribed to them for the purpose of this Chapter.

Where terms are not defined in this Chapter or under other provisions of this Chapter or of the Building Code, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.

Whenever the words "multi-family dwelling, residence building, dwelling unit, rooming house, rooming unit, or premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof".

Approved means as applied to a material, device or method of construction shall mean approved by the Code Enforcement Official, or approved by other authority designated by law to give approval on the matter in question.

Basement means a portion of the building partly underground, but having less than half of its clear height below the average grade of the adjoining ground.

Basic Structural Elements means the parts of a building which provide the principal strength, but not limited to, plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.

Boarding House See Dwellings.

Building Code means the Building Code officially adopted by the City for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

Building Materials means and shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing material, electrical wiring or equipment, heating equipment including ducts, shingles, mortar, concrete or cement parts, screws, fence posts and fencing.

Certificate of Occupancy means a certificate issued by the CEO stating that a structure or portion thereof complies with the requirements of this Chapter and other applicable provisions of the City Code.

Certified Mail means and includes that class or type of mail designated by the U.S. Postal Service as "certified mail" and the class or type of mail designated as "registered mail" and "registered mail, return receipt requested".

Code Enforcement Official or CEO means an authorized City official designated to issue municipal civil infraction citations (directing alleged violators to appear in Court) or municipal civil infraction notices (directing alleged violators to appear at the City of Three Rivers Municipal Ordinance Violations Bureau) as provided by this Code.

Deteriorate means to decay, decompose or degenerate.

Deterioration or Deteriorated means the fact or process of decay or degeneration which has progressed to the point where it has resulted in or will soon result in making an object or mechanism unsafe, unsanitary, inoperable, unusable or unsuitable for its intended use, including, but not limited to, the advanced state of rot, rust, mold, insect ingestion, infestation or destruction.

Dwelling Unit means one (1) or more rooms and a single kitchen designated as a unit for occupancy by one (1) family with provision of cooking, living, sanitary and sleeping facilities. See Family.

Dwelling means:

(A) A detached building containing one (1) dwelling unit. See Dwelling Unit.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-2

(B) Two-family dwelling means a building containing two (2) dwelling units. See Dwelling Unit.

(C) Multi-family dwelling means a building containing three (3) or more dwelling units. See Dwelling Unit.

(D) Boarding house, rooming house, lodging house, tourist house means a building arranged or used for the lodging with or without meals for compensation of more than three (3) and not more than twenty (20) persons.

(E) Mobile homes within a mobile home park; within a seasonal mobile home park; or located outside of a

mobile home park or seasonal mobile home park if the mobile home is being rented to a tenant by the mobile home owner.

Emergency means a condition of imminent danger calling for immediate action in order to avoid death, injury or illness to a human being or the destruction or severe damaging of real or personal property.

Exit means a continuous and unobstructed means of egress to a public way, including intervening doors, doorways, ramps and stairways.

Exterior Property Areas means the open space on the premises and on adjoining property under the control of owners or operators of a rental premises.

Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places or by removing or making inaccessible materials that may serve as their food by a recognized and approved means.

Family means an individual or married couple and the children thereof with not more than two (2) other persons related directly to the individual or married couple by blood living together as a single housekeeping unit in a dwelling unit.

Finish Surfaces means materials used for the final covering of basic structural elements. Finish surface shall include, but not be limited to, ceilings, walls, wainscoting, kick boards, molding stops and floor coverings.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Good Repairs means to be properly installed, stable and maintained sufficiently free of defects or deterioration so as to be functional for its present use and to be safe and sanitary.

Good Workmanship means completing a task of construction, repair or replacement to industry standards using like materials so that the result is free of defects, operates as intended, and creates no unsafe conditions.

Gross Floor Area means the total area of all habitable space in a building or structure.

Ground Level means the finished grade touching the outside of a foundation or a wall. The tops of a window well structure shall be considered as ground level.

Habitable Floor Area means the square foot floor area of a habitable room or habitable rooms, excluding any part of a room where the ceiling is less than five (5) feet above the floor.

Habitable Room means any room which meets all light, ventilation and area standards.

Hardware means and includes, but is not limited to, door handles, hinges, handles, locks, shelving, cabinets and mirrors.

Hazardous means a condition which the CEO has determined to be likely to result in the death, injury or illness of a human being or in the severe damage to real or personal property or in the unauthorized entry into a dwelling unit or accessory building if corrective measures are not taken expeditiously.

Hot Water means water heated to a temperature of one hundred twenty (120ΕF) degrees Fahrenheit at the outlet.

Infestation means the presence, within or contiguous to a structure or premises of insects, rodents, vermin or other pests.

Insect means any species of animal with an exterior skeletal arrangement as well as any creeping or crawling invertebrate. The word "insect" shall include, but not be limited to, ants, roaches, flies, termites an silverfish as well as worms and slugs.

Intended shall mean:

(A) The purpose, operation and/or arrangement for which something has been designed or built.

(B) The purpose, operation and/or arrangement for which something is currently, safely and legally being used.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-3

Interior Fixtures means interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures shall include, but not be limited to, doors, door knobs, latches, locks, hinges, handles, hooks, light fixtures, electric outlets or switch cover plates, vents or opening grates, railings, shelving, cabinetry and mirrors.

Junk means and includes, but shall not be limited to, parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other material or other cast-off materials of any kind whatsoever whether or not the same could be put to any reasonable use. Kitchen means a room used or intended to be used for the preparation of food or for both the preparation and consumption of food, but not for any other living or sleeping purposes.

Kitchenette means a portion of a room used or intended to be used for the preparation of food or for both the preparation and consumption of food while the remainder of the room used is or may be intended partially for purposes other than sleeping.

Multi-Family (Multiple) Dwelling See Dwelling.

Occupant means a person over one (1) year of age, including owner or operator, living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.

Openable Area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a structure or premises which are let or offered for rental occupancy.

Owner means the person(s) to whom a dwelling unit is assessed on the City tax rolls. When the person listed on the tax rolls is the holder of a mortgage on the assessed premises, the owner shall be the person(s) named as the mortgagor(s) on the mortgage document. In this Chapter "owner" is sometimes referred to as "landlord."

Plumbing or Plumbing Fixtures means water heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines, or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.

Premises means a lot, plot or parcel of land including the buildings or structures thereon.

Regular Mail means that class of mail designated by the U.S. Postal Service as "first class" mail. "Regular mail" shall also include post cards and postal cards.

Rented means a dwelling unit legally occupied by a person other than the owner or other than the mother, father, or child of the owner.

Rooming House See Dwelling.

Rooming Unit means any room or group of rooms in a boarding or rooming house, forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish means combustible and non-combustible waste materials except garbage and including the residue from the burning of wood and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.

Safe means a condition which is not likely to do harm to human beings or to real or personal property.

Sanitary means free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to human beings or animals, or which produces strong odors or which provides food for, or is an available source of food for, animals or insects.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A first story is the lowermost story entirely above the grade plane.

Structural Alterations means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, such as a building, which requires location on the ground, or attachment to something having location on the ground except walls, fences, ornamental landscape features, driveways and sidewalks.

Supplied means installed, furnished or provided by the owner or operator of a rental unit.

Tenant means any person, other than a legal or equitable title holder, occupying or possessing a dwelling or part thereof.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-4

Unfit for Human Habitation means any dwelling or dwelling unit which is a hazard to the health and welfare of the occupants because it lacks maintenance; is in disrepair; is unsanitary; is vermin or rodent infested; or because it lacks sanitary facilities.

Unhabitable Room means any room which does not meet all light, ventilation, and area standards such as:

(A) Any room that does not have windows.

(B) Any room that has an unfinished wall ceiling or floor so that unfinished basic structural elements are

exposed to view.

(C) Any room which is used as or is similar in use to a bathroom, toilet, hallway, stairway, foyer, closet, pantry, laundry room or mechanical room.

Unit means a collective term for any dwelling unit.

Unsafe means a condition which is reasonably likely to cause injury to human beings or property.

Vacant means not being used as a regular place of residence for one (1) or more persons.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

(A) Mechanical means ventilation by power-driven devices.

(B) Natural means ventilation through windows, skylights, doors, louvers, or stacks without using a wind or

power-driven device.

Yard means an open, unoccupied space on the same lot with a building extending along the entire length of a street, or a rear or interior lot line.

13-3 MATTERS COVERED. The provisions of this Chapter shall apply to all rental structures and premises, which are now, or may become in the future, substandard with respect to: structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, over-crowding, or other conditions which may be deemed to constitute a menace to the safety, health or welfare of their occupants. The existence of such conditions, factors or characteristics adversely affects public safety, health and welfare and leads to the continuation, extension and aggravation of blight. Adequate protection of the public requires the establishment and enforcement of these minimum standards. 13-4 APPLICABILITY. Every portion of a building or premises used or intended to be used for rental dwelling purposes shall comply with the provisions of this Chapter irrespective of when such building shall have been constructed, altered, or repaired. 13-5 APPLICATION. Any alterations to buildings, or changes of use therein which may be caused directly or indirectly by the enforcement of this Chapter shall be done in accordance with all applicable building codes. All rental housing shall be subject to applicable provisions of Chapter 30 of this Code (the Zoning Ordinance). 13-6 CONFLICTING PROVISIONS. If any provision of this Chapter conflicts with or contravenes a provision of another Chapter of this Code, the more restrictive provision shall apply 13-7 OTHER REGULATIONS. The provisions in this Chapter shall not be construed to prevent the enforcement of other provisions of this Code or governmental regulations which prescribe additional or other standards applicable to rental housing. 13-8 EXISTING BUILDINGS. This Chapter establishes minimum requirements for the occupancy of all rental structures and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities. 13-9 ADMINISTRATION.

13-9.1 Enforcement Officer. It shall be the duty and responsibility of the Code Enforcement Officer ("CEO") to enforce the provisions of this Chapter.

13-9.2 Relief from Personal Liability. Neither the City, the CEO nor any other officer, agent or employee of the City who acts in good faith in the enforcement of this Chapter shall be liable for any damage accruing to any person or property as the result of such acts or alleged failure to act.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-5

13-10 HOUSING CODE BOARD OF APPEALS.

13-10.1 Established Requirements. There shall be a Housing Board of Appeals consisting of seven (7) members appointed by, and to serve at the pleasure of, the City Commission. Members of the Board shall meet the membership requirements of the City Charter and such additional qualifications as the City Commission shall consider appropriate. The Board shall elect from its membership a Chairman, Vice-Chairman and Secretary and such other officers as it may deem necessary. 13-10.2 Term; Appointments. Members of the Housing Code Board of Appeals shall serve terms of three (3) years and shall be appointed in accordance with Chapter 2 of the City Code.

13-10.3 Duties of the Board. The Housing Board of Appeals shall act as an advisory committee to the City Commission and shall have the following powers and duties:

(A) Provide interpretations to the provisions of this Chapter.

(B) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or determination made by the CEO, or any other administrative or enforcement official in connection with the enforcement of this Chapter.

(C) Authorize a variance from the strict application of this Chapter where such application would result in practical difficulties or unnecessary hardship to the person owning or having the beneficial use of the property for which a variance is sought. A variance may be allowed only if, in the judgment of the Board, such variance would not violate the intent of this Chapter, nor jeopardize public health or safety. This Subsection shall not be construed so as to permit the Board to authorize the granting of a variance from the requirements of the State Housing Law or the provisions of any other Chapter of this Code where applicable.

(D) To grant extensions of time to correct violations of this Chapter upon a showing that the responsible party has made a good faith effort to comply with an order of the CEO; or that the violation(s) could not have been reasonably accomplished with the time limit originally set, or that an unusual hardship exists. Requests for extensions of time shall be given priority over other Board matters and the procedure of Subsection 13-10.6 shall not apply.

13-10.4 Meetings; Quorum. The Housing Board of Appeals shall meet at such times as the Board shall determine. The Board shall establish a fixed place of meeting, and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a written record of its proceedings, showing all action taken by the Board and the vote of each member upon each question considered. The presence of four (4) voting members shall be necessary to constitute a quorum. All decisions and actions of the Board shall be by majority of the voting members present and voting, a quorum being present.

13-10.5 Secretary; Records. The Secretary of the Board or such other person as the Board may appoint shall act as Recording Secretary and shall record and maintain the official records of all of the Board's transactions.

13-10.6 Appeal and Variance Procedure.

(A) Appeals from rulings, notices and orders of the CEO or any other official charged with the enforcement of this Chapter may be made to the Board by filing a notice of appeal with the City Clerk, accompanied by an appeal fee within ten (10) days from the date of issuance of any such ruling, notice or order.

(B) The notice of appeal shall specify the particular grounds upon which the appeal is based. Where the appellant seeks a variance, the notice of appeal shall also specify the requirements from which a variance is sought and the nature and extent of such variance.

(C) The taking of an appeal shall not stay the imposition of penalties imposed by this Chapter.

(D) The Housing Board of Appeals shall fix a reasonable time for the hearing of appeals.

(E) The Board shall prepare an official record of each appeal and shall base its decision on this record. The official record shall include:

(1) The relevant administrative records and the order or action of the CEO which is being appealed.

(2) The notice of appeal.

(3) Such documents, exhibits, photographs, or written reports as may be submitted to the Board for its consideration.

(4) Written findings of facts, conditions attached, and the decisions and order by the Board in disposing of the appeal shall be entered into the official record after they have been signed by the Chairman of the Board and after written notice of the disposition of the appeal has been served either in person or by mail upon the parties to the appeal, the CEO and the City Clerk.

13-11 LANDLORD / TENANT SERVICES 13-11.1 Information Concerning Landlord / Tenant Rights. A supply of booklets explaining the rights of landlords and tenants under the provisions of the City Code and State law shall be maintained by the City Clerk. The City Clerk shall make such booklets available to all landlords currently registered with the CEO and the tenants or prospective tenants of such landlords without charge. No owner of residential rental property in the City or agent of such owner shall rent, lease or contract to lease such property without furnishing to the tenant, prior to tenant's occupancy, a copy

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-6

of the City's Landlord / Tenant Rights Booklet. In the event a rental unit is being leased to more than one (1) tenant, it shall be sufficient to offer a single booklet for each rental unit. This provision of this Section shall not apply until thirty (30) days after the City Clerk shall have published in a newspaper of general circulation in the City a notice to landlords and tenants that such booklets are available at the City Clerk's Office.

13-11.2 Landlord / Tenant Committee.

(A) There shall be a Landlord/Tenant Committee consisting of five (5) members, two (2) of whom shall be landlords owning residential rental property in the City and two (2) of whom shall be residential tenants residing in the City and the CEO as an ex officio member.

(B) The landlord and tenant members of the Committee shall be appointed by the City Commission upon recommendation of the City Manager for terms of one (1) year.

(C) The Committee shall elect from its membership a Chairman and Vice Chairman. The CEO shall serve as Secretary of the Committee.

(D) The Committee shall act as an advisory body of the City Commission as to all matters pertaining to the minimum rental housing standards of this Chapter and the enforcement thereof.

13-12 OWNER / TENANT RESPONSIBILITIES 13-12.1 Owner Responsibilities. In addition to all other responsibilities under the terms of this Chapter, the following provisions shall apply to owners:

(A) Compliance Prior to Rental. No owner shall rent, lease or otherwise offer or provide for occupancy of a rental unit which does not meet the requirements of this Chapter.

(B) Eviction of Tenants. If an owner is prevented from complying with the provisions of this Chapter due to actions or negligence of a tenant, it shall be the responsibility of the owner to promptly terminate the tenancy and cause the tenant to be evicted as permitted by law.

(C) Shared or Public Areas. All shared or public areas of a rental premises containing two (2) or more rental units shall be maintained in a clean and sanitary condition by the owner.

(D) Garbage and Rubbish Removal. The owner shall furnish garbage and trash removal facilities for every rental unit excepting a single family dwelling.

(E) Utility Services. Owners shall provide utility services as are required and permitted pursuant to Section 13-18 of this Chapter.

(F) Accessory Structures and Fences. Every accessory structure and fence on a rental premise shall be maintained in good repair by the owner, or in lieu thereof, the owner shall cause the same to be removed.

(G) Extermination of Insects. Owners shall be responsible for extermination of insects, rodents and other pests as provided in Subsection 13-16.2 of this Chapter.

(H) Window Screens. Unless a tenant has specifically agreed to provide window screens as required by this Chapter, the owner shall furnish, install, and remove window screens in rental units.

(I) Sale of Rental Unit. Upon the sale or change of use of a rental unit, the owner shall promptly notify the CEO.

13-12.2 Responsibilities of Tenants. In addition to all other responsibilities under the Chapter, the following provisions shall apply to tenants.

(A) Occupancy. No tenant shall sublet a rental unit or allow non-tenants to occupy a rental unit except upon specific consent of the owner, nor permit an excessive number of occupants to occupy a rental premise in violation of this Chapter.

(B) Sanitary Condition. Every tenant shall maintain his rental unit and all other parts of a rental premises for which he is responsible in a clean and sanitary condition.

(C) Cooperation with Owner. Tenants shall promptly notify the owner of any known violation of this Chapter and shall cooperate with the owner in maintaining the rental premises.

(D) Plumbing Facilities. All plumbing fixtures and toilet facilities shall be maintained in a clean and sanitary condition at all times. Tenants shall use reasonable care in the proper use and operation of all plumbing facilities.

(E) Parking Requirements. Tenants shall comply with all off-street parking requirements as provided in this Chapter.

(F) Extermination of Insects and Pests. Tenants shall promptly cause the extermination of all insects, rodents or other pests when it is their responsibility to do so under the provisions of this Chapter.

(G) Exterior Areas. When required by this Chapter, tenants shall maintain all exterior areas of a rental premises in a clean and orderly condition.

(H) Rubbish and Garbage - Single Family Units. Tenants of single family dwelling units shall furnish their own rubbish and garbage disposal facilities.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-7

(I) Enforcement. The tenant responsibilities under this Chapter shall be enforced by the CEO using the same enforcement procedures as are applicable to violations of this Code by owners.

13-13 REGISTRATION OF RENTAL UNITS 13-13.1 Registration of Rental Units Required; Fees.

(A) Annually on or before August 1 of each year every owner of a rental unit shall register the same with the City Clerk; make application for an annual license to the CEO; and file with the CEO a notice containing the name, address, and telephone number of the owner (and owner's agent, if any) and a legal description of the rental property, the street number, and in case of a multiple dwelling or apartment house, the number of units or apartments therein. The applicant shall also file a written certification that no rental units to be registered are in violation of this Chapter. Each registration and application for license shall be accompanied by an appropriate fee as set forth in Section 6-7 of Chapter 6 of this Code.

(B) Should the title to the property, which is the subject of the application and registration, be obtained more than six (6) months after the annual registration date for that year as specified above, then the license fee to be paid by the applicant shall be one-half (½) the annual fee for such property. The license issued the applicant shall be valid until the following August 1, the regular annual application and registration date.

(C) In the event an owner shall fail to comply with the provisions of this Subsection on or before August 1 of each year the owner shall pay in addition to the filing fee a late filing fee according to the schedule of fees applicable to this Chapter.

13-13.2 Register of Rental Dwellings. Application for registration and license shall be made in such form and in accordance with such instructions as may be provided by the CEO and shall include:

(A) The address of the rental dwelling. (B) The number of dwelling units. (C) The name, residence address, and phone number of the owner. (D) The name, address, and phone number of the manager or agent designated by the owner. (E) The date of registry and registration identification number. (F) Total amount of registration fees.

13-13.3 Issuance of License. The CEO shall issue a license if the applicant has registered and furnished all the information required by this Section.

13-13.4 Revocation of License. The CEO may revoke a rental housing license if the owner or applicant has:

(A) Misrepresented the ownership or the state or condition of the rental property;

(B) Violated this Chapter or any other applicable provision of the City Code; or

(C) Has failed to pay in full any one or more of the following debts or obligations to the City within one hundred eighty (180) days following its due date:

(1) property taxes; (2) special assessment installments; (3) water or sewer bills; (4) charges against the rental property for mowing, weed or debris removal, or similar charges; or (5) fees, fines, penalties or debts of any sort arising from the provisions or enforcement of the

provisions of this Chapter.

Prior to revoking a rental housing license, the CEO shall cause a written “Notice of Intention to Revoke License” to be delivered to the owner (as defined in Section 13-2 of this Chapter) not less than thirty (30) days prior to the proposed effective date of revocation of the license. The Notice shall be sent by the CEO by first class mail and by certified mail, return receipt requested, to the owner at the address given by the owner when the rental unit(s) was last registered with the City. In the alternative, the Notice may be personally served upon the owner by the CEO with written proof of service signed by the CEO and placed in the owner’s rental housing registration file.

13-13.5 Right to Appeal. Upon refusal of the CEO to issue a license or upon revocation of a license by the CEO, the applicant or owner may appeal the decision to the Housing Code Board of Appeals. All appeals shall be filed with the CEO for submission to the Housing Code Board of Appeals at least ten (10) days prior to the Board's regular monthly meeting.

13-13.6 Certificate of Registration. The CEO shall maintain a registry of the owners (and their responsible agents, if any) of all rental units in the City.

13-13.7 Change in Register Information. The owner of rental units previously registered with the CEO shall notify the CEO within thirty (30) days of any change in registration information. A new owner of a registered rental unit(s) shall re-register such unit(s) within thirty (30) days of the date of transfer of ownership. No new fees shall be charged for change of registration.

13-13.8 Registry of New Rental Dwellings. The owner of a new rental dwelling or of any dwelling newly converted to a rental dwelling shall register the rental dwelling prior to allowing occupancy of any new rental units.

13-13.9 Sale of Rental Unit. The sale of real estate on which a rental unit or units are located shall automatically terminate any rental unit license with respect to such rental unit(s). Prior to the sale, assignment or transfer by the owner of any interest in a rental unit structure, the owner shall cause all rental units to be inspected by the CEO who shall prepare a written report and furnish the owner with a copy within seven (7) working days after receiving a written

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-8

request for such inspection. The inspection report shall be valid for thirty (30) days unless extended in writing by the CEO.

13-14 CERTIFICATION OF RENTAL DWELLINGS. 13-14.1 Certificate of Compliance. No rental unit shall be occupied unless a certificate of compliance or a temporary certificate of compliance has been issued to the owner by the CEO.

13-14.2 Issuance of Certificate of Compliance. The CEO shall issue a certificate of compliance for a rental unit when the City finds that the rental dwelling, its unit(s) and accessory structures and yards comply with the provisions of this Chapter; however, no certificate of compliance shall be issued until all the following fees and debts to the City, due and owing by the owner of the rental dwelling and pertaining to the rental dwelling, have been paid in full:

(A) All previously billed property taxes;

(B) All current or past due special assessment installments;

(C) Water or sewer bills outstanding;

(D) All charges against the property for mowing, cleanup, weed or debris removal and similar charges by the City;

(E) Any fees, fines, penalties or debts of any sort arising from the provisions or enforcement of the provisions of this Chapter.

13-14.3 Current Certificate of Compliance Required. No owner shall permit occupancy of a rental unit by a tenant whose rental payments are provided directly or indirectly to the owner by the Family Independence Agency unless such owner shall have been issued a certificate of compliance not less than thirty (30) days prior to initial occupancy by such tenant.

13-14.4 Temporary Certificate Authorized. When a certificate of Compliance is required pursuant to this Chapter, the CEO may issue a temporary certificate of compliance for the following reasons only: (A) For a newly registered dwelling until such time as the CEO has made a compliance inspection. (B) To enable the CEO to balance compliance inspection workloads. (C) To coincide with compliance time periods set forth in a notice of violations if such periods extend beyond the

expiration date of an existing certificate of compliance.

13-14.5 Validity of Certificate of Compliance. A certificate of compliance shall be valid for two (2) years for all properly registered rental units unless sooner revoked as provided in this Chapter or when a current certificate of compliance is required pursuant to Subsection 13-14.3 of this Section.

13-14.6 Notification of Tenants. Within five (5) days from the date of revocation of a certificate of compliance, the CEO shall give written notice by regular mail to the occupant(s) of each affected rental unit(s) stating that such rental unit(s) may be ordered vacated within thirty (30) days if the owner fails to obtain a new certificate of compliance.

13-15 INSPECTION BASIS, FEES AND ENFORCEMENT PROCESS 13-15.1 Inspections. The CEO is authorized to make inspections of all rental units in the City occupied or held for rental. Inspections may be made to determine compliance with the standards of this Chapter in the following instances:

(A) The CEO shall make inspections of rental units licensed under this Chapter at least once in every two (2) year period.

(B) When an application is received for the initial registration and licensing of a rental unit for units.

(C) When a complaint is received by the CEO that a rental unit or rental premises is not in compliance with the provisions of this Chapter.

(D) Upon observation by the CEO of a violation of the provisions of this Chapter.

(E) When an emergency is observed by the CEO or reasonably believed to exist.

(F) Upon the request by an owner or occupant of a rental unit.

(G) To determine compliance with a notice of violation or an order issued by the CEO or any other City official.

13-15.2 Inspection Entry. For the purpose of enforcing the provisions of this Chapter, the CEO is authorized to inspect rental units at any time during reasonable hours with the consent of a responsible party, owner, or owner's agent. Upon refusal of entry, the CEO may apply to the appropriate court for a court order authorizing entry as provided by State law.

13-15.3 Emergency Entry Authorized. When an emergency is reasonably believed to exist within a rental unit or accessory structure, the CEO shall have the right to enter immediately and at any time without an inspection warrant and without requesting permission from any responsible party. Emergency entry shall be for the sole purpose of determining that an emergency exists or to abate an existing emergency condition.

13-15.4 Fees. The fees for registration, inspection, complaint inspections, and re-inspections shall be as provided by resolution of the City Commission.

13-16 ENVIRONMENTAL, EXTERIOR AND INTERIOR REQUIREMENTS

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-9

13-16.1 Purpose. The provisions of this Section shall govern the minimum standards for rental units, rental properties and structures. Every residential rental property shall comply with the provisions of this Section as they may apply.

13-16.2 Exterior Property Areas. No person shall rent or let to another for human habitation any structure or premises which does not comply with the following requirements:

(A) Animals. Animals kept or allowed in a yard or in an accessory structure shall not be permitted to create any unsafe, odorous or unsanitary conditions or to cause property damage. All feces shall be regularly removed by the tenant. Keeping of animals on the rental premises shall be subject to all other provisions of the City Code pertaining to animals and pursuant to written agreement between owner and tenant.

(B) Grading and Drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water within any building or structure located thereon.

(C) Insect and Rodent Harborage. All exterior property areas shall be kept free from infestation of insects, rodents, vermin and pest’s other than those normal for the particular season. The owner shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of the premises.

(D) Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.

(E) Trash Stored Outdoors. Any trash placed outdoors shall be kept in a rigid container which is closed with a tight-fitting lid, except that bulky rubbish such as limbs, weeds, and large cardboard boxes may be bundled so as not to scatter on the ground, blow about, be unsafe or be unsanitary. No container shall be stored outside for more than twenty-four (24) hours unless the container or bundled items are kept in a side yard or rear yard and out of sight from public right-of-way.

(F) Removal of Rubbish and Garbage. Rubbish and garbage shall be removed from the premises at least every seven (7) days.

(G) Outdoor Storage of Materials. Outdoor storage of materials of value shall not be permitted in a front yard or in a required side yard. Materials of value kept outside shall be stored in a safe and sanitary manner, shall not be scattered about and shall not have openings which may provide harborage for vermin.

(H) Residential Parking. Two (2) off-street parking spaces shall be provided for each rental unit. Parking spaces shall be used solely for the parking of licensed and operable passenger automobiles. No more than one (1) truck, not to exceed gross capacity of twelve thousand (12,000) pounds, or one (1) recreational vehicle may be parked in the two (2) spaces allotted each rental unit. Parking is prohibited in any portion of the front yard, the boulevard, the street right-of-way and the public sidewalk.

(I) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12") inches. All noxious weeds shall be prohibited in accordance with the requirements of the City Code. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

13-16.3 Structure Exterior. No person shall rent or let to another for human habitation any structure or portion thereof which does not comply with the following requirements:

(A) Foundations, Walls and Roof. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents. The foundation elements shall adequately support the building at all points.

(B) Exterior Walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface material must be painted or maintained in good repair. Chimneys shall be maintained structurally sound and in safe, operable condition.

(C) Roof and Gutters. The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building. Gutters and downspouts when in existence shall be firmly affixed and maintained free from defects, rust, corrosion or debris.

(D) Stairs, Porches and Railings. Stairs and other exit facilities shall be adequate for safety as provided in the Building Code and shall comply with the following:

(1) Structural Safety. Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads as required by the Building Code; and shall be kept in sound condition and good repair.

(2) Handrails. Every flight of stairs which is more than three (3) risers high shall have handrails which shall be located as required by the Building Code. Porches, balconies, or raised floor surfaces located more than thirty (30") inches above the floor or grade below shall have a guardrail not less than thirty-six (36") inches in height. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition. Non-conforming handrails, prior to April 4, 1994, may be allowed if there is no hazard to the health and safety of the occupants.

(E) Windows, Doors and Hatchways.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-10

(1) Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.

(2) Every window sash shall be fully supplied with glass window panes or an approved substitute. Cracks or holes in windows are not permitted.

(3) Every window sash shall be in good condition and fit reasonably tight within its frame.

(4) One window in every room, other than fixed windows, shall be capable of being easily opened and shall be held in position by window hardware except where other means of ventilation, such as, but not limited to, air conditioning is provided.

(F) Door Hardware. Every exterior door, door hinge, and door latch shall be maintained in good condition. All exterior doors shall be provided with a properly installed locking device in good repair.

(G) Exterior Doors. Every exterior door when closed shall fit reasonably well within its frame, and the space between the lower edge of the door and/or weather-stripping and the threshold shall not exceed one-quarter (1/4") inch.

(H) Window and Door Frames to Fit in Wall. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.

(I) Basement Hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the dwelling or structure.

(J) Exit Doors. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key.

(K) Screening. From April 1st through October 31st, every door opening directly from a rental unit to outdoor space shall be supplied with screens and a self-closing device. Every window or other device which opens directly to outdoor space used or intended for ventilation shall be supplied with a screen. Portable screens not permitted.

(L) Basement. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively preclude such entry.

(M) Accessory Structures. Every accessory structure shall comply with the requirements (A), (B), (C) and (E) of this Subsection 13-16.3

13-16.4 Structure Interior. No person shall rent or let to another for human habitation any structure or portion thereof which does not comply with the following requirements:

(A) Free from Dampness. Every building, cellar, basement and crawl space shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure.

(B) Structural Members. The supporting structural members of every building shall be structurally sound, showing no evidence of deterioration as to load bearing capacity.

(C) Interior Stairs. Stairs shall be provided in every structure as required by the Building Code, except where non-conforming stairs are found to be safe and sound by the CEO. All interior stairs of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose.

(D) Handrails. Every stairwell and every flight of stairs which is more than three (3) risers high shall have handrails or railings located in accordance with provisions of the Building Code. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustered railings capable of bearing normally imposed loads as required by the Building Code shall be placed on the open portions of stairs, balconies, landings and stairwells. Non-conforming stairs, existing prior to April 4, 1994, may be allowed if there is no hazard to the health and safety of the occupants.

(E) Bathroom and Kitchen Floors. Every toilet, bathroom and kitchen floor surface shall be construed and maintained so as to be substantially impervious to water and so as to permit the floor surface to be easily maintained in a clean and sanitary condition.

(F) Sanitation. The interior of every dwelling and structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.

(G) Insect and Rodent Harborage. Buildings shall be kept free from insect and rodent infestations, and where insects or rodents are found, they shall be promptly exterminated by safe and acceptable processes. After extermination, necessary precautions shall be taken to prevent reinfestation. Every owner of a dwelling, or multi-family dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests whenever infestation exists in two (2) or more of the dwelling units, or in the shared or public parts of the structure. The occupant of a single-family dwelling shall be responsible for such extermination. The occupant of a dwelling unit in a multi-family dwelling shall be responsible for such extermination within the unit occupied by him whenever his dwelling is the only unit in the building that is infested. Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multi-family dwelling in a rodent-proof condition, extermination of such rodents shall be the responsibility of the owner.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-11

(H) Interior Walls, Ceilings and Floors. All interior walls, ceilings and floors shall be structurally sound, in good repair, free from defects, clean, painted or properly maintained. All room partitions shall be of standard construction.

(I) Interior Doors. Every room intended to be used as a bedroom shall be supplied with a solid or hollow core door and standard hardware properly installed.

13-17 BASIC EQUIPMENT AND FACILITIES.

13-17.1 Ventilation. Every habitable room shall have at least one (1) window or skylight which can easily be opened for adequate ventilation except where there is supplied ventilation from an electric-powered, mechanical system.

13-17.2 Bathroom Light and Ventilation. Every bathroom and toilet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and toilet compartments equipped with a mechanical ventilation system.

13-17.3 Electrical Facilities. Every building and rental unit shall be adequately and safely provided with an electrical system in compliance with the requirements of this Subsection. The provisions of Subparagraphs (A) through (E) below shall be considered absolute minimum requirements. The number of rental units in a building and the usage of appliances and equipment shall be used as a basis for determining the need for additional electrical facilities.

(A) Receptacles. Every habitable space in a rental unit shall contain at least two (2) separate and remote

receptacle outlets or one (1) separate outlet and one (1) ceiling or wall-type electric light fixture. A wall light/outlet combination unit is not acceptable. Every bathroom and laundry area shall contain at least one (1) grounded type receptacle.

(B) Lighting Fixtures. Every public hall, interior stairway, toilet compartment, bathroom, laundry room and

furnace room shall contain at least one (1) electric lighting fixture.

(C) Service. When an electrical system requires replacement or modification to comply with the provisions of this Subsection, the service shall be corrected to a minimum of one hundred (100) ampere, three (3) wire service.

(D) Installation. All electrical equipment, wiring and appliances shall be installed and maintained in a safe

manner in accordance with the State Electrical Code. All electrical equipment shall be of an approved type.

(E) Defective System. Where it is found that the electrical system in a structure is defective by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the CEO shall require the defects to be corrected to eliminate the hazard.

13-17.4 Heating Facilities. Every rental unit and residential structure shall have heating facilities that are properly installed, that are maintained in safe and good working condition, and that are capable of heating all habitable rooms, bathrooms, and toilet compartments located therein to a temperature of sixty-eight (68ΕF) degrees Fahrenheit when the outside temperature is ten (-10ΕF) degrees below zero except when the supply of heat is controlled by the occupant or by choice of the occupant. Portable heating equipment employing a flame and heating equipment using gasoline or kerosene as fuel are prohibited. All electric portable heating units must be plugged into an electric wall outlet without the use of an extension cord.

13-17.5 Water Heating Facilities. Every rental unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar units at a temperature of not less than one hundred twenty (120ΕF) degrees Fahrenheit as required for the reasonable use by occupants.

13-17.6 Sanitary Facilities. Each rental unit shall include the following minimum sanitary facilities maintained in sanitary, safe and working condition:

(A) Toilet. A toilet within the rental unit separate from the habitable rooms, which affords privacy.

(B) Lavatory. A lavatory in the same room with the toilet or adjacent to it.

(C) Bathtub or Shower. A bathtub or shower which affords privacy to the user.

(D) Kitchen Sink. A kitchen sink apart from the required lavatory.

13-17.7 Water and Sewer System. Every installed kitchen sink, lavatory, bathtub or shower and toilet shall be properly connected to a public water and sewer system or approved and permitted private system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-12

13-17.8 Installation and Maintenance. No person shall occupy or let to another person for occupancy any rental unit or structure which does not comply with the following requirements:

(A) Facilities and Equipment. All required equipment and all building space and parts in every rental unit or

structure shall be construed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code.

(B) Maintenance Clean and Sanitary. All rental and building facilities shall be maintained in a clean and sanitary

condition by the responsible person so as not to breed insects and rodents or produce dangerous or offensive gases or odors.

(C) Plumbing Fixtures. Water lines, plumbing fixtures, vents and drains shall be properly installed, connected,

and maintained in working order free from obstructions, leaks and defects.

(D) Plumbing Systems. Every plumbing stack and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs which require a permit and new installation shall be made in accordance with the provisions of the State Plumbing Code. Non-conforming plumbing systems or parts thereof, existing prior to April 4, 1994, may be allowed if there is no hazard to the health and safety of the occupants.

(E) Heating Systems. All heating systems and equipment shall be maintained in good condition and shall be

installed so as not to create a fire, explosion or any unsafe operation of heating equipment and vents shall be maintained. Sufficient venting capacity and combustion air shall be provided. When the CEO has reasonable grounds to suspect that deficiencies in any of the conditions cited above exist, the inspector may require that the unit be inspected by a licensed heating contractor who is licensed to service and install heating systems by the State of Michigan.

13-18 UTILITY SERVICES AND EQUIPMENT TO BE MAINTAINED.

13-18.1 Utility Services.

(A) Except as otherwise provided in this Chapter, an owner shall not cause any of the following utilities, services or equipment to be shut off, disconnected, removed or otherwise terminated or interrupted when the utility, service, or equipment is being furnished to or used by the occupant of a rental unit:

(1) Water or sewer service. (2) Fuel supply. (3) Heating or ventilation equipment. (4) Hot water supply. (5) Electrical service.

(B) This Subsection shall not apply to a necessary and temporary interruption of service required for

maintenance, repair or replacement nor to any such interruption needed to act upon an emergency or hazardous condition.

(C) An owner shall be responsible to the City for payment of municipal water and sewer charges to rental units

unless the City has been properly notified in accordance with this Code that a tenant is responsible for such charges.

(D) Any termination or interruption of water, sewer, gas or electric utility service by the utility for non-payment of

utility bills shall be deemed to be caused by the person who contracted with the utility for the service. Neither an owner not a tenant shall cause a utility service to be terminated for non-payment or otherwise without giving immediate notice to the other party to a rental agreement.

13-19 SPACE AND OCCUPANCY REQUIREMENTS.

13-19.1 Occupancy Requirements. No person shall occupy or let to another for occupancy any rental unit for the purpose of living therein which does not comply with the following requirements:

(A) Minimum Ceiling Height. Habitable rooms shall have a clear ceiling height over the minimum area required

by this Chapter of not less than seven (7') feet four (4") inches. A ceiling height of less than seven (7') feet four (4") inches will be considered a built-in deficiency and shall be exempt from compliance, provided that such built-in deficiency was in compliance with the applicable building code at the time of construction. Hallways, corridors, laundry areas, bathrooms, toilet rooms and kitchens shall have a clear ceiling height of not less than seven (7') feet.

(B) Required Space in Sleeping Rooms. Every room occupied for sleeping purposes by one (1) occupant shall

have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-13

(C) Access Limitation of Dwelling Unit to Commercial Uses. No habitable room, bathroom, or toilet compartment which is accessory to a rental unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes.

(D) Location of Rooms. Sleeping rooms shall not constitute the only means of access to other sleeping rooms

or habitable space. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. This requirement shall not apply to single family dwellings in which no lodgers are occupants.

(E) Required Space in Efficiency Unit. Each efficiency rental unit shall include:

(1) A living area of not less than two hundred twenty (220) square feet of superficial floor area with an

additional one hundred (100) square feet of superficial floor area for each occupant in excess of two (2).

(2) A kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of

not less than thirty (30") inches in front.

(3) Light and ventilation conforming to this Code shall be provided.

(4) A separate bathroom containing a toilet, lavatory, and bathtub or shower.

(F) Basement Space Not Habitable. No basement space shall be used as a habitable room or rental unit except as provided in this Subsection.

(G) Basement Dwelling Units. No basement space shall be used as a dwelling or rooming unit unless:

(1) The floor and walls are impervious to leakage of underground and surface run-off water.

(2) The total window area in each room is equal to at least ten (10%) percent of the floor area of the

room as measured between stops and is entirely above the grade of the ground adjoining such window area.

(3) The total openable window area in each room is equal to forty-five (45%) percent of the minimum

window area except where there is supplied a mechanical ventilation system to the outside air capable of completely changing the air in the room every fifteen (15) minutes.

(4) The ceiling height throughout the unit is at least seven (7') feet four (4") inches except that

hallways, corridors, laundry areas, bathrooms, toilet rooms, and kitchens shall have a clear ceiling height of not less than seven (7') feet.

(5) It is separated from heating equipment, incinerators, or other hazardous equipment by an approved

partition.

(6) Access can be gained to the unit without going through a furnace room.

(7) Two (2) independent means of egress are provided from every basement space containing more than one (1) dwelling unit or one (1) rooming unit.

(H) Prohibited. No kitchen or cooking accommodations shall be permitted or maintained in any room or space

of any building for the common or joint use of the individual occupants of a two family or multiple family dwelling.

13-20 FIRE SAFETY, PREVENTION, AND PROTECTION REQUIREMENTS.

13-20.1 SAFETY REQUIREMENTS. All rental units shall be subject to the following safety and fire prevention requirements:

(A) Smoke Alarms.

(1) Existing 1 and 2 Family Dwelling

(a) When the sole source of the detector’s power is a battery, rental units shall have

an approved functioning smoke alarm inside each sleeping room and outside each sleeping area, in the immediate vicinity of the sleeping room. Smoke alarms shall be placed on each additional story of the dwelling, including basements in accordance with the manufacturer’s instructions.

(b) Where smoke alarms receive operating power from the building electrical

system, smoke alarms may be installed in the immediate vicinity of the sleeping rooms. Smoke alarms shall be placed on each additional story of the dwelling, including basements.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-14

(2) Existing Apartments shall comply with Chapter 19 of N.F.P.A. 101, Life Safety Code.

(3) Existing Lodging or Rooming Houses shall comply with Chapter 20 of N.F.P.A. 101, Life

Safety Code. (4) Mobile homes are to comply with the National Manufactured Housing Construction and

Safety Standards Act, or standards and codes to which the home was constructed if it was constructed before the aforementioned Act.

(B) Vehicles and Machinery. No vehicle or machinery of any type containing gasoline or other

flammable liquid shall be repaired, operated, or stored in a basement or any part of a rental unit.

(C) Flammable and Combustible Materials. Flammable, explosive, or combustible materials, including but not limited to, paints, volatile oils, cleaning fluids, or combustible refuse, including waste paper, boxes, or rags, shall not be accumulated or stored, except in reasonable quantities consistent with normal usage.

(D) Egress. Egress doors shall be capable of being readily opened from the inner side without the use

of keys. There shall be an unobstructed means of egress from the interior of every residential building to a street, or to a yard, court, or passageway leading to a public open area at grade level.

(E) Fire Extinguishers. All portable fire extinguishers shall be located in a visible and easily accessible

location. The owner shall maintain fire extinguishers in good operating condition. (F) Exits. Every residential building exceeding two (2) stories in height above grade, not including

basements, shall have two (2) approved independent exits from each floor above the second floor. Two-story buildings containing four (4) units or less shall have one (1) approved independent exit from the second floor. Exit signs, when required, shall be illuminated and easily visible by occupants.

13-21 MOBILE HOME, CAMPER OR MOTOR HOME. No mobile home, camper, or motor home whether mobile or not shall be occupied as a rental unit within the City except in a legally established mobile home park. Notwithstanding an provision of this Chapter, if the mobile home is being rented to tenants by the owner of the mobile home, it shall be inspected under the terms of this Chapter as authorized by Section 7(7) of the Mobile Home Commission Act, Act 96 of 1987, as amended. 13-22 MINIMUM STANDARDS FOR ROOMING HOUSES. Every rooming house in the City shall be in compliance with the applicable minimum standards and requirements of this Chapter and shall be subject to the following additional requirements:

(A) Basic Equipment. At least one (1) flush toilet, one (1) lavatory basin and one (1) bathtub or shower shall be provided for each eight (8) occupants when the number shall include members of the family of the owner or operator if they share the use of the facilities. In a rooming house in which both sexes are accommodated, there shall be a minimum of two (2) flush toilets and lavatory basins located in separate rooms which are conspicuously marked.

(B) Locations of Toilets, Baths. Every toilet, lavatory basin and bathtub or shower required by this Chapter shall

be located in a room which has all the following characteristics.

(1) Affords privacy and is separate from the habitable rooms.

(2) Is accessible from a common hall without going outside the rooming house.

(3) Is not more than one (1) story removed from the rooming unit of any occupant sharing the facilities.

(C) Shades, Drapes. Every window of every room used for sleeping shall be supplied with shades, draw drapes, or other devices or materials which, when properly used, will afford privacy to the occupant of the room.

(D) Bedding, Bed Linen, Towels. Where bedding, bed linen or towels are supplied, the owner shall maintain the

bedding in a clean and sanitary manner and shall furnish clean bed linen and towels at least once each week and prior to the letting of any room to any new occupant.

(E) Means of Egress. The egress requirements of the Building Code for multiple dwellings shall apply when the

rooming house is more than two (2) stories in height or when there are accommodations for ten (10) or more persons in a second story.

(F) Sanitary Maintenance by Owner. The owner shall keep all walls, floors and ceilings in a clean, safe and

sanitary condition.

(G) Garbage and Rubbish Containers. The owner shall provide approved containers for the storage of garbage or rubbish.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-15

13-23 STRUCTURE UNFIT FOR HUMAN OCCUPANCY.

13-23.1 Declaration. Whenever the CEO finds any rental unit or rental unit structure to be:

(A) A hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance;

(B) In disrepair, unsanitary, vermin-infested or rodent-infested;

(C) In violation of the minimum requirements of this Chapter, but has not reached the state of complete disrepair as to be subject to condemnation as a dangerous building;

(D) Is occupied by more occupants than permitted under this Chapter; or

(E) Erected, altered or occupied contrary to law.

The CEO may cause it to be posted as unfit for human habitation and order it vacated. It shall be unlawful to again occupy such rental unit or structure until it or its occupation, as the case may be, has been made to conform to the provisions of this Chapter.

13-23.2 Order to Vacate. Any rental unit or rental structure found to be unfit for human habitation by the CEO shall be ordered repaired or rehabilitated to correct the conditions rendering the same unfit for human habitation. An order to vacate shall be in writing and include:

(A) The street number or other description of the real estate and rental unit(s) sufficient for identification.

(B) A description of the defects, conditions and/or violations of this Chapter.

(C) A directive that the rental unit or rental structure when vacated must remain vacant until the provisions of the

order to vacate have been met, and the order to vacate has been withdrawn in writing.

(D) A reasonable time limit for making the repairs, rehabilitation or correcting violations of this Chapter. (E) State the time period in which occupants must vacate the structure.

(F) State that the order to vacate may be appealed to the Housing Code Board of Appeals in accordance with the provisions of this Chapter and the procedure and rules promulgated by the Board of Appeals.

13-23.3 Posting of Notice. Any rental unit or structure declared unfit for human habitation shall be posted in a conspicuous place or places with a placard bearing the words: "CONDEMNED AS UNFIT FOR HUMAN HABITATION".

13-23.4 Service of Notices or Orders. A person shall be deemed to be served with a violation notice, final notice to repair or any other official notice or order of the CEO if a copy is served upon him or her personally; or if a copy is sent by regular mail to his or her last known address, and a copy is posted in a conspicuous place in or on the rental unit or structure containing the rental unit affected by such notice or order; or if he or she is served with a copy by any other method authorized by the laws of this State. The time of performance shall commence on the date of personal service or the date of posting or mailing, whichever is later.

13-23.5 Emergencies.

(A) Emergency Orders. If the CEO determines that a condition exists or is likely to exist which is an emergency,

the CEO shall immediately attempt to verbally notify the owner or owner's agent, and all occupants of the rental unit(s) of the nature of the emergency and verbally order the responsible party to immediately correct the condition(s) causing the emergency. The CEO shall prepare and serve a violation notice on the responsible party as soon as practicable after the verbal order has been given or attempted. Failure to comply with an emergency order is a violation of this Chapter.

(B) Abatement of Emergency. If the responsible party cannot be contracted by the CEO or if following a verbal

order to correct an emergency condition, a responsible party fails to correct an emergency condition within the time allotted; the CEO may take all necessary and appropriate action to abate an emergency condition upon prior written approval of the City Manager.

13-24 FINAL NOTICE TO REPAIR. Upon observing the continued existence of a violation of this Chapter as stated in a violation notice, the CEO shall serve a final notice to repair on the responsible party. The notice shall:

(A) Specify the date of inspection and the address where the violation was found.

(B) Have attached a true copy of the violation notice.

(C) Include a description and location of each violation observed by the CEO.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-16

(D) Order the responsible party to correct all listed violations by a specified date.

(E) State that each violation is a separate punishable offense.

(F) State that a re-inspection will be made to determine whether all violations have been corrected by the specified date.

(G) Advise the responsible party of applicable re-inspection fees charged by the City.

(H) State that failure to comply with the final notice to repair will result in prosecution.

(I) Inform the responsible party of the right of appeal before the Housing Code Board of Appeals.

13-24.1 Change of Ownership. The CEO shall immediately issue a new violation notice or a final notice to repair, as the case may be, to any new person or persons assuming occupancy, ownership or the status of agent for any rental unit which has been cited for violations. The responsible party who has failed to comply with a violation notice and/or final notice to repair shall not be relieved of the responsibility of having violated any provision of this Chapter by transferring ownership or occupancy.

13-24.2 Time to Correct Violations. All violation notices shall provide a specified time period to correct the violation(s) in relation to the seriousness of the violation(s). The following time limits shall apply:

(A) Not more than twenty-four (24) hours for an emergency violation.

(B) Not more than ten (10) days for removing domestic refuse; to provide adequate heat or water; or to correct

hazardous conditions.

(C) Not less than thirty (30) days nor more than sixty (60) days for all other violations.

(D) Violation notices issued between October 31 and April 1 for exterior painting, or for any other exterior work adversely affected by cold or snow, shall provide additional time for completion of such work, but in no case longer than June 30.

(E) The CEO may extend the time period for correction of violations if:

(1) There are extending circumstances.

(2) The responsible party has made a substantial and documented effort to correct violations within the

time allotted. In no event shall the CEO grant an extension for more than double the time period allowed in the original violation notice. All extensions shall be in writing and served on the responsible party in the same manner as the violation notice.

(F) Not more than one (1) extension shall be granted by the CEO. Further extensions, if any, may be granted

only by the Housing Code Board of Appeals for good cause shown.

13-24.3 Recurrent Violations. A responsible party who violates any provision of this Chapter in or about the same rental unit(s) in the same structure three (3) or more times in any consecutive twelve (12) month period, or who does not correct a cited violation within thirty (30) days after being convicted of, or found responsible for, violating a provision of this Chapter, shall be presumed to be a willful violator of the provisions of this Chapter and to be causing undue expense to the City in the administration of this Chapter. In such cases:

(A) The CEO shall issue a final notice to repair after determining that a violation still or again exists.

(B) The CEO shall specify the shortest time period permitted by this Chapter for the correction of any existing or

further violation.

(C) All inspections and/or re-inspection fees then in effect shall be doubled.

(D) The CEO may revoke the responsible owner's license to maintain a rental unit(s) and/or order all occupants of such rental unit(s) to vacate the premises.

13-24.4 Prosecution. Upon failure of a responsible party to comply with a final notice to repair, the CEO may refer the matter to the City Attorney for prosecution, or the CEO may issue a court appearance ticket for such violation(s).

13-24.5 Prosecution Not Delayed. Nothing in this Section shall delay or be a cause of terminating the prosecution of a defendant for failure to correct violations of this Chapter noted in a final notice to repair or an emergency.

13-24.6 Court Orders, Penalties and Fees.

(A) Violations. A person maintaining a structure, contrary to this Chapter, shall be charged with maintaining a

structure in violation of this Chapter. The complaint or appearance ticket may include one (1) or more violations any of which may individually constitute the maintenance of a nuisance.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-17

(B) Penalties and Sentencing. The penalty for violation of this Chapter shall be as indicated in this Subsection. Any fine or jail sentence imposed by the court shall reflect the seriousness of each offense as well as the violator's previous history of recurrent violations of the provisions of this Chapter. Each day shall be deemed a separate offense. The CEO may issue a separate appearance for violation of any provision of this Chapter; the court shall sentence the defendant to pay a fine of up to Five Hundred ($500) Dollars or up to ninety (90) days in jail or both. The court may, in addition to such fine and/or such imprisonment, place the defendant on probation for any period of time and subject to any conditions permitted by State law. The court may also, in appropriate causes, suspend all or part of any fine or term of imprisonment imposed on such terms and conditions as the court deems appropriate. The court shall exercise its authority to sentence the defendant to a term or probation and to prescribe the conditions therefore and shall exercise its power to suspend all or part of any fine or term of imprisonment so as to bring about compliance with the terms of the Chapter and to prevent further violations.

(C) City Costs. Upon conviction for violations of any provisions of this Chapter, the Court may, as a condition of

probation if a term of probation is all or a part of the defendant's sentence, order the defendant to reimburse the City for all of the costs of enforcement of this Chapter attributable to the violations for which the defendant was convicted, including, but not limited to, the costs of inspection, prosecution and administration. If such a condition is not imposed, the City many file a civil action against the defendant and may upon proof of the defendant's conviction recover all of the costs referred to above. If the defendant is the owner of rental property in the City, such costs may also be assessed by lien against the property of the defendant until paid.

13-24.7 Civil Remedies for Violation.

(A) Action in Circuit Court.

(1) In case any dwelling or rental unit is maintained in violation of any provision of this Chapter or of

any order or notice given, or in case a nuisance exists in any dwelling or upon the lot on which it is situated, or within an accessory structure, the City, by and through the CEO, may institute an action in Circuit Court to prevent such unlawful maintenance; to restrain, correct or abate such violation or nuisance; to prevent the occupant of such dwelling, building, or structure; or to prevent any illegal act of conduct from existing in such dwelling or lot.

(2) The procedure for such action shall be the same as for an injunction or abatement of a nuisance

under Circuit Court rules, the statutes as provided for in common law.

(3) The judgment of the Court in such cause may direct the correction, repair or rehabilitation of the dwelling or building, or the abatement of the nuisance; may authorize a reasonable time within which the defendant may make such correction or abatement; and may authorize the City to execute and carry out the provisions of the judgment in case of default of the defendant.

(4) Whenever the City has incurred any expense in the enforcement of this Chapter or the judgment of

the Court, the City may institute and maintain a suit against the owner of the premises in respect to which such expense that have been incurred and may recover the amount of such expense in addition to the costs of suit.

(5) The judgment of the court may order the vacation of the premises until the corrections,

rehabilitations, or abatements are completed.

(B) Lien on Premises. In appropriate cases, the City shall have lien upon the premises for the expenses necessarily incurred in the execution of such judgment, which lien shall have priority over all other liens or encumbrances except taxes, assessments or mortgages recorded previous to the existence of such lien. Such lien may be foreclosed, as in the case of foreclosure of mortgages by court action, as established by the Circuit Court rules and the statutes of the State in such cases made and provided.

(C) Lis Pendens Notice. In any action instituted by the City under this Subsection, the City Attorney shall file in

the Office of the Register of Deeds of the County a notice of the pendency of the action or proceedings. A notice may be filed at the time of the commencement of the action or proceeding, or at any time before final judgment or order, or at any time after the service of any notice or order issued by the City. The notice shall have the same force and effect as a lis pendens, as provided for in the statutes of the State. The Register of Deeds shall record it and shall index it to the name of each person specified in directions prescribed by the City Attorney. Any notice may be vacated upon the order of the judge of the court in which the action or proceeding was instituted or is pending, or upon consent in writing of the City Attorney. The Register of Deeds for the County shall mark the notice and any record as canceled of record upon the presentation for filing of consent or of a certified copy of the order.

(D) Municipal Civil Infraction. In addition to any other penalty for violation of this Chapter, a person who violates

any provision of this Chapter is responsible for a municipal civil infraction, subject to the payment of a civil fine of not less than fifty ($50) dollars plus costs and other sanctions for each infraction. Repeat offenses under this Chapter shall be subject to increased fines as provided in this Code, as amended.

CHAPTER 13 RENTAL HOUSING CODE

(2017) 13-18

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 15-1

CHAPTER 14 - STREET NAMES AND ADDRESSES 14-1 PURPOSE. The purpose of this Chapter is to establish a system of assigning addresses to buildings within the City in order:

(A) To facilitate the locating of buildings in order to protect the public health and safety by enabling a quicker response time by police, fire, ambulance, and other emergency services;

(B) To provide for more efficient delivery of City services;

(C) To provide for efficient parcel delivery and U.S. Mail delivery in the City of Three Rivers;

(D) To create a coordinated system with standards for the naming of public and private streets;

(E) To create a formal building numbering system with standards and regulations for assigning addresses;

(F) To provide for notification of interested parties of assigned address numbers and street names;

(G) To coordinate this Chapter with other City or municipal ordinances;

(H) To provide minimum standards and regulations for display of an address as defined in this Chapter; and

(I) To provide for the enforcement of this Chapter. 14-2 DEFINITIONS (As used in this Chapter).

Address means the combination of a set of numbers and a street prefix (N. S. E. W), a street name, and a street suffix (such as Street, Avenue, Drive or Highway).

Address Number means a set of numbers.

Address Ordinance Administrator means the person within the Geographic Information Systems Division of the Department of Public Services appointed by the City Manager to administer and enforce the provisions of this Chapter.

Block means that real property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets or railroad right-of-way or subdivided acreage or platted as such.

Building means a combination of material, whether portable or fixed forming a structure having roof supported by columns or by walls affording a facility or shelter for use or occupancy by persons, animals or property.

Multiple Occupancy Building means any building, which contains either commercial or residential multiple occupants, including but not limited to strip malls, apartment buildings, office buildings, and condominiums.

Principal Building means the primary or predominant building located on a parcel of land.

Street means any public thoroughfare twenty-five (25’) feet or more in right-of-way, or that is shown on an approved and recorded subdivision plat, or is a private street two hundred (200’) feet or more in length from the centerline of a public thoroughfare and/or that serves more than three (3) existing principal buildings.

Street Name means the proper name of a street, including a general Suffix such as N., S., E., W., where necessary.

14-3 ADMINISTRATION. It shall be the responsibility of the Address Ordinance Administrator to administer and enforce the provisions of this Chapter. 14-4 JURISDICTION. The provisions of this Chapter shall apply to all properties within the City. 14-5 STREET NAMES.

14-5.1 Naming of New Streets. A property owner or plat proprietor shall make application for approval of a proposed street name to the Address Ordinance Administrator. Upon receipt of the proposed new street name, the Address Ordinance Administrator shall review the proposed street names in consultation with the St. Joseph County Land Resource Centre, the County Road Commission, the County E911/ Central Dispatch Agency, and the Michigan Department of Transportation. The Address Ordinance Administrator shall notify the applicant of the acceptance or rejection of the proposed street names. If the proposed street name is rejected, the Address Ordinance Administrator

CHAPTER 14 STREET NAMES & ADDRESSES

(2017) 16-2

shall notify the applicant of the reason(s) for the rejection. The Address Ordinance Administrator may provide the applicant a list of approved street names for the convenience of the applicant.

14-5.2 Similar Street Names. The Address Ordinance Administrator shall not recommend a street name which is the same or similar in spelling or pronunciation to an existing street within the St. Joseph County 9-1-1 / Central Dispatch Agency service area.

14-5.3 Changing Existing Street Names. The changing of existing street names is discouraged, except in situations where two identical or similar street names exist that clearly make the accurate dispatching of emergency vehicles impractical or when one street has two commonly used names or where portions of what appears to be the same street have two or more names. Prior to approving a change of an existing street name, the Address Ordinance Administrator shall consider the official street-name as recorded on plats and deeds of adjacent property and the most accurate historical name of the street in question. A primary consideration in determining the single street name to be approved when two or more names are commonly used for a particular street is the potential effect on existing legal documents.

14-6 ADDRESS NUMBERING. The Address Ordinance Administrator shall insure that all new and existing multiple occupancy buildings and principal buildings in the City shall be numbered, and such numbering shall be in accordance with the plan and system provided in this Chapter. The Address Ordinance Administrator shall keep a master file of assigned addresses and corresponding property code numbers and maintain a master address map.

14-6.1 Numbering System. The City shall be divided east and west by Main Street north of the St. Joseph River, and by the downstream side of the St. Joseph River south of the Main Street Bridge. The City shall be divided north and south by Michigan Avenue, except that part of the City which lies east of the Portage River and north of the St. Joseph River. This area shall be divided north and south by the St. Joseph River.

(A) Streets, which are not aligned due north south or meander, shall be numbered as a north south street if the

major portion of the street within the City runs north south. Once a north south street has address numbers assigned to buildings then, that street shall always be considered a north south street.

(B) The North South numbers start within each of the above described divisions with the 100 block with the

exception of the north side of the downtown which begins with ½ North Main and continue consecutively to the City limits.

(C) When following a north south street, even numbers shall be given to the left sides of all streets when

traveling in the direction of ascending numbers and odd numbers to the opposite sides thereof; with the exception of US 131 where even numbers shall be assigned to the right side of US 131 and odd numbers to the opposite side thereof.

(D) Streets, which are not traveling due east west or meander, shall be numbered as an east west street if the

major portion of the street within the City runs east west street has address numbers assigned to buildings then that street shall always be considered an east west street.

(E) The East West numbers start within each of the above described divisions with the 100 block and continue

consecutively to the City limits.

(F) When following an easterly westerly street, even numbers shall be assigned to the left sides of all streets when traveling in the direction of ascending numbers and odd numbers to the opposite sides thereof.

(G) Multiple occupancy buildings shall have unique address numbers for each unit with a separate entrance

and/or significant occupancy divisions. Single entrance multiple occupancy buildings shall have one unique address number for each building and individual apartment numbers or suite numbers for each unit.

(H) Address numbers shall be assigned so they run consecutively, starting at the previously mentioned north

south and east west divisions so that numbers are not out of sequence.

(I) The provisions of this Chapter shall apply to all parcels that lie within the jurisdiction of the City.

14-6.2 Address Issuance. If a parcel of land complies with all applicable laws and regulations, the Address Ordinance Administrator shall issue an address for the parcel upon submission of an approved site plan describing the location of all existing or proposed structure(s) by the owner or the owner’s representative. The site plan shall reasonably indicate the structure’s front and side yard setbacks. Upon compliance with the provisions of this Chapter, the property owner shall receive from the Address Ordinance Administrator an Address Identification Permit, which shall include the following information:

(1) Date of issuance (2) Parcel identification number (3) Owner’s name

(4) Name of the person who filed the application if not the owner (5) The building’s new or corrected address number (6) Street prefix (if any) (7) Street name (8) Street suffix (9) Building’s existing address number (if any)

CHAPTER 14 STREET NAMES & ADDRESSES

(2017) 16-3

(10) Cross Streets (11) Phone Number (if applicable)

(12) Comments (if any) (13) Signature of Address Ordinance Administrator

14-6.3 Changing Address Numbers.

(A) Existing addresses or address numbers that are already in use shall not be changed except when:

(1) The address is duplicated.

(2) The existing number is such that the assignment of address numbers for new multiple occupancy buildings or principal buildings is not practical and in keeping with the requirements of this Chapter. When a new street is constructed, or recognized which results in the most appropriate address for a building to be on the new street rather than the original street, such as where a building was previously located on an extended drive, which subsequently becomes a private street.

(3) The existing address number does not otherwise comply with the requirements of this Chapter.

(B) When a person’s address is changed pursuant to this Chapter, the Address Ordinance Administrator shall

notify each person or entity affected by the change as identified by current City records.

(C) In cases where an existing address is changed, the Address Ordinance Administrator shall send a written notice to the property owner and/or affected occupant. The notice shall explain the reason for the address change. Prior to the effective date of the address change, the Address Ordinance Administrator shall notify the following agencies of the address change: United States Postal Service, St. Joseph County’s E911/ Central Dispatch Agency, Verizon, St. Joseph County Land Resource Centre, City’s Local Emergency Services provider, and appropriate Local Governmental Agencies.

(D) The resident, occupant or owner of a building shall be required to comply with the address change within

ninety (90) days of notification; provided however, in special circumstances the Address Ordinance Administrator may allow up to one hundred eighty (180) days for a residential unit or up to one (1) year for a commercial unit to comply.

14-7 DISPLAY OF ADDRESS.

14-7.1 Display. All principal buildings shall be required to display an address number in the manner prescribed in this Chapter.

14-7.2 Display Requirements.

(A) New and existing multiple occupancy and principal buildings shall have official City address numbers placed

in a position to be plainly legible and visible from the street or highway fronting the property.

(B) These numbers shall contrast with their background. Address numbers shall be Arabic numerals of at least three (3) inches in height or larger.

14-8 PENALTIES.

14-8.1 Civil Infraction. Any person in violation of any subsection of this Chapter shall be responsible for a civil infraction; and upon admission of finding of responsibility, shall be subject to a fine not to exceed Five Hundred Dollars ($500), as well as Court costs to be determined by a Court of competent jurisdiction. The Court may defer the penalty where appropriate.

14-8.2 Misdemeanor. If this violation continues after thirty (30) days of an admission or finding of responsibility, the person in violation of this Chapter may be charged with a misdemeanor and, if convicted, shall be punished by a fine of up to Five Hundred Dollars ($500) or imprisonment in County Jail not to exceed ninety (90) days, or both.

14-9 APPEALS. The City’s Housing/Zoning/Fire Code Board of Appeals shall act as the Appeals Hearing Board to hear petitions for relief from administrative actions taken by the Address Ordinance Administrator pursuant to the authority granted by this Chapter. An appeal must be filed within forty-five (45) days of the postmark on the address change notice.

14-9.1 Appeals Hearing Board. The Appeals Hearing Board shall have the power to affirm, reverse or modify the decision of the Address Ordinance Administrator after conducting a hearing at which the aggrieved party or parties and the Address Ordinance Administrator are permitted to testify. Findings of fact shall be made on the record of the hearing. When the findings of fact support a conclusion that an error in fact has occurred, the Appeals Hearings Board may reverse the decision of the Address Ordinance Administrator or remand the matter back to the Administrator with instructions for corrective action. When the findings of fact support a decision that action of the Address Ordinance Administrator has created an unnecessary hardship, the Appeals Hearings Board may allow an extension of time not to exceed ninety (90) days to comply with the administrative order of the Address Ordinance Administration.

CHAPTER 14 STREET NAMES & ADDRESSES

(2017) 16-4

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 16-1

CHAPTER 16 - FIRE DEPARTMENT / AMBULANCE SERVICE 16-1 ADOPTION OF FIRE PREVENTION CODE. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City, being marked and designated as the "NFPA 1 - The Fire Prevention Code, 1997 Edition", as published by the National Fire Protection Association, is hereby referred to, adopted and made a part hereof, as is fully set out in this Chapter.

16-1.1 ADMINISTRATION

(A) Authority Having Jurisdiction. It shall be the duty and responsibility of the Fire Chief to enforce the provisions of this Chapter.

(B) Relief from Personal Liability. Neither the City, the Fire Chief, nor any other officer, agent, or employee of

the City who acts in good faith in the enforcement of this Chapter shall be liable for any damage accruing to any person or property as the result of such acts or alleged failure to act.

(C) Board of Appeals. The Housing Board of Appeals for the City is hereby established as the Fire Prevention

Code Board of Appeals as governed by Section 1-7 of NFPA 1- The Fire Prevention Code, 1997 Edition 16-2 DEFINITIONS.

Bonfire means a large open fire kindled for a civic, social or athletic event and which is made from wood, trees, branches, kindling, wood chips, boxes, compressed wood, or other wood products. A bonfire is a type of open fire.

Campfire is a small open fire for cooking or recreation made from the same materials as a bonfire. A campfire is a type of open fire.

Combustible waste matter means magazines, books, trimmings from trees, pasteboard boxes, paper, straw, sawdust, paper packaging material, wood shavings, or boxes that are rapid burning and would not smolder.

Emergency Action means all of the activities conducted in order to prevent or mitigate injury to human health or to the environment from a release or threatened release of hazardous material into or upon the environment.

Flammable material means any material that will readily ignite from common sources of heat or any material that will ignite at a temperature of six hundred (600Ε) degrees Fahrenheit or less.

Hazardous Material means material, waste, or a combination of waste and material including solid, liquid, semisolid or contained gaseous material which because of its quantity, quality, concentration or other physical, chemical or general characteristics poses a substantial presence or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.

Health Care Facility shall include hospitals, nursing homes, adult or foster care homes.

Household outdoor burning container is a container constructed of steel, brick or masonry no larger than two feet in width and no more than five (5) feet in height with proper venting at the bottom and equipped with a screen or spark arrestor constructed of iron, heavy wire mesh or other noncombustible material with openings of not more than three fourths(¾") of an inch.

Incinerator means an industrial or commercial structure or portion thereof, container, device, or other appliance designed, used, or intended to be used for the disposal of combustible waste material, flammable material, or rubbish by burning.

Open fire means a fire made from any combustible waste material, flammable material, or rubbish, which fire is kindled and maintained in whole or in part in the open air.

Recoverable Expense means those expenses that are reasonable, necessary and allocable to the emergency action. Recoverable expenses shall not include normal expenditures that are incurred in the course of providing what are traditionally City public services and responsibilities, such as routine firefighting. Expenses allowable for recovery shall include, but are not limited to, the following:

(A) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the

emergency action.

(B) Compensation of employees for the time and efforts devoted specifically to the emergency action.

(C) Rental or leasing of equipment used specifically for the emergency action, such as protective equipment or clothing, scientific and technical equipment.

(D) Replacement costs for equipment owned by the City that is contaminated beyond reuse or repair if the

equipment was a total loss and the loss occurred during the emergency action, such as self-contained breathing apparatus irretrievably contaminated during the response.

CHAPTER 16 FIRE DEPARTMENT/AMBULANCE SERVICE

(2017) 16-2

(E) Decontamination of equipment contaminated during the emergency action.

(F) Special technical services specifically required for the emergency action, such as costs associated with the

time and efforts of technical experts or specialists not otherwise provided for by the City.

(G) Other special services specifically required for the emergency action.

(H) Laboratory costs of analyzing samples taken during the emergency action.

(I) Costs of cleanup, storage, or disposal of the released material.

(J) Costs associated with the services, supplies and equipment procured for a specific evacuation.

(K) Medical expenses incurred as a result of emergency action activities.

(L) Legal expenses that may be incurred as a result of the emergency action, including efforts to collect recoverable expenses pursuant to this Section and other provisions of this Code.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon the environment which causes danger or harm to the public health or to the environment, including, but not limited to, the release of any material classified as hazardous material by any federal legislation or regulation, by any state legislation or regulation, or by this Code.

Threatened Release means any imminent or impending event potentially causing but not resulting in a release, but causing the City to undertake an emergency action.

16-3 RESTRICTIONS AND PROHIBITION OF OPEN BURNING. No person shall kindle any open fire or authorize any open fire to be kindled or maintained on public or private property except as specifically permitted in this Chapter. All open burning is prohibited at commercial and industrial sites and on multiple family residential properties.

16-3.1 Open Burning of Household Waste Materials. The open burning of household waste materials on single family residential properties is permitted between the hours of 9:00 a.m. and 7:00 p.m. on Mondays and Wednesdays and between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, under the following conditions:

(A) Burning shall be in a household outdoor burning container as defined under Definitions.

(B) No fire shall be lit or maintained within fifteen (15) feet of any building, structure, fence or other flammable

material.

(C) Until fully extinguished, the fire shall at all times be supervised by a competent adult.

(D) Materials to be burned shall include only paper products, wood products and/or brush that will burn rapidly and not result in a smoldering fire.

(E) No substance or waste matter shall be burned which discharges a dangerous or poisonous gas, ash or

smoke.

16-3.2 Leaf Burning Prohibited. The burning of leaves is prohibited.

16-3.3 Bonfires and Campfires. Bonfires and campfires are permitted under the following conditions:

(A) No person shall kindle or maintain any bonfire or campfire on public property without first obtaining a permit from the Fire Department.

(B) No person shall kindle a bonfire on private property without first obtaining a permit from the Fire Department.

(C) Bonfires shall be located not less than fifty (50) feet from any structure or other flammable material.

(D) Campfires shall be located not less than fifteen (15) feet from any structure or other flammable material.

(E) No person shall kindle or maintain a bonfire without first advising the Fire Department of the date, time and

location of the proposed bonfire to ensure that atmospheric conditions or other circumstances would not cause the fire to be hazardous. Fire Department personnel shall be in attendance at all times until a bonfire shall have been fully extinguished. Upon recommendation of the Fire Chief, the City may charge a reasonable fee for this service.

(F) Bonfires and campfires shall be constantly attended by competent adults until fully extinguished.

(G) The Fire Chief may prohibit bonfires and campfires when atmospheric conditions or local circumstances

make such fires hazardous.

CHAPTER 16 FIRE DEPARTMENT/AMBULANCE SERVICE

(2017) 16-3

16-3.4 General Exception to Open Fires. Notwithstanding any other provision of this Chapter, open burning is permitted under the following circumstances:

(A) The open burning of wood, charcoal, coke or other safe fuel for the preparation of food in or on a barbecue

grill, container, or utensil specifically manufactured for food preparation while being used in a safe and sanitary manner.

(B) The use of approved gaseous or liquid-fired salamanders commonly employed in conjunction with buildings

and construction operations, when used in accordance with accepted safety standards.

(C) The use of fire by roofers, tinners, plumbers or other mechanics in the regular course of business, or the use of fires for the purpose of boiling tar, pitch or oil in the regular course of an appropriate business or trade when such use is safe and in conformity with all applicable construction and safety codes.

(D) Open burning for Fire Department or civil defense purposes upon written permission of the Fire Chief after a

determination by the Fire Chief that the open burning will occur under the following conditions:

(1) The area where the fire is to be kindled can be adequately protected by personnel of the Fire Department.

(2) The fire will be of short duration.

(3) The atmospheric conditions will be such as not to cause any unreasonable health or safety

hazards.

(E) Open fires deemed necessary in times of disaster or emergency pursuant to the Fire Chief's emergency order.

16-4 INCINERATORS. No person shall install, construct, alter or operate a commercial or industrial incinerator or any other refuse burning equipment for commercial or industrial use without obtaining a permit to do so from the Department of Natural Resources and filing a true copy of the permit with the Fire Chief. 16-5 STORING AND TRANSPORTING FLAMMABLE LIQUIDS. The rules for storage and transportation of flammable and combustible liquids as promulgated by the Fire Safety Board of the State of Michigan, which rules became effective on July 13, 1983, are hereby adopted by reference. 16-6 FEES FOR INVESTIGATING OR EXTINGUISHING UNAUTHORIZED FIRES. The Fire Chief may collect a fee, based on costs incurred by the City, when the Fire Department is called upon to investigate or extinguish a fire which has been kindled or maintained in violation of this Chapter. The fee shall be charged to the occupants of the premises where the violation occurs. The schedule of fees for violation of this Section is set forth in Section 6-8 of Chapter 6 of this Code. Charges for Fire Department services under this Subsection which remain unpaid for a period of thirty (30) days or more may be placed as a lien on the premises where the violation occurred; provided, however, no lien shall be placed on the premises until the owner has been served with a notice to show cause before the City Commission as to why a lien should not be placed on the premises. Following a show cause hearing, the City Commission may waive a lien if it appears that the owner of the premises was not responsible for a violation of this Chapter. Notwithstanding any other provision of this Section, no fees assessed under this Section shall be placed as a lien on the premises where a violation of this Chapter occurred if: (1) the owner was not an occupant of the premises at the time the violation occurred; and (2) the owner shall have filed an affidavit with the City naming the occupant of the premises and affirming that the occupant has accepted responsibility for any violation of this Chapter occurring on the premises. 16-7 BURNING COMBUSTIBLE MATERIALS.

16-7.1 Exceptions, Hearing and Notice.

(A) Training of Fire Department personnel under the personal direction of the Chief of the Fire Department or one (1) or more of his assistants and in execution of a specific plan, need not comply with this section.

(B) Upon written application, a variance and waiver may be granted by the Commission as to approval of

specifications or placement of a burning container, hours of burning, and any other provision or prohibition contained in this Chapter when the same shall be shown to work an undue hardship upon the applicant for the waiver or variance owing to special conditions. The application for a variance or waiver shall be acted upon by the Commission following a public hearing called upon not less than ten (10) days prior notice. Waiver or variance shall be by written permit only. It is unlawful to exceed the terms of the permit.

16-8 RECOVERY OF COSTS RELATED TO HAZARDOUS MATERIAL INCIDENTS.

16-8.1 Purpose. The City finds that significant manpower, equipment and supplies are often required to control incidents involving the spillage, leakage, or discharge of material that can be hazardous to human life or may cause harm to the environment. These incidents result in greater financial burdens being placed upon the City to protect its citizens from the dangers of the release of hazardous materials.

16-8.2 Duty to Remove. It shall be the duty of any person who causes or has ownership or control of any property on which release of hazardous material occurs to remove immediately the hazardous material in compliance with all

CHAPTER 16 FIRE DEPARTMENT/AMBULANCE SERVICE

(2017) 16-4

applicable provisions of the City Code and all other laws and governmental rules and regulations, and undertake and complete a total cleanup of the area in a manner as to insure that all released hazardous material is fully removed, and the area is fully restored to its condition prior to the release of the hazardous material. No person shall commence a cleanup of a released hazardous material without first notifying the City Manager and allowing the City a reasonable opportunity to determine if emergency action is required.

16-8.3 Cleanup Orders and Enforcement. If a responsible person, after having been notified by the City to remove hazardous material, fails to remove the material within the time specified in the notice, the City shall have the right to enter upon the property where the hazardous material is located and conduct a cleanup of the hazardous materials. The person responsible for the release of the hazardous material shall be liable to the City for all recoverable expenses incurred by the City. This shall be in addition to any and all penalties provided by law.

16-8.4 Strict Liability. All persons causing or contributing to the causing of a release or threatened release which results in an emergency action shall be liable to the City for the recoverable expenses resulting from the emergency action. This shall be in addition to any and all penalties provided by law.

16-8.5 Itemization of Recoverable Expenses. City personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses resulting from an emergency action. Promptly after completion of an emergency action, the appropriate City department shall certify those expenses to the City Manager.

16-8.6 Submission of Claim. The City shall submit a written itemized claim for the total expenses incurred by the City for the emergency action to the responsible person or persons and a written notice that unless the amounts are paid in full within thirty (30) days after the date of the mailing of the claim and notice, the City will file a civil action seeking recovery for the stated amount.

16-8.7 Civil Suit. The City may bring a civil action for recovery of the recoverable expenses against any and all persons causing or responsible for the emergency claim.

16-8.8 Lien Established. Until paid, recoverable expenses shall be a lien upon the property where an emergency action or hazardous material cleanup was conducted pursuant to this Section. The lien shall be of the same character and effect as created by the City Charter for City taxes.

16-8.9 Conflict with State or Federal Law. Nothing in this Section shall be construed to conflict with state or federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activities or paying the cost thereof, or both.

16-9 AMBULANCE SERVICE

16-9.1 Parties Liable for Ambulance Charges. Charges for ambulance services provided by the City shall be billed to the recipient of such services and to any responsible party designated by the recipient. Billings for ambulance services shall be due and payable within thirty (30) days after a billing is rendered by the City. If the recipient of ambulance services is transported from or returned to any health care facility within the City of Three Rivers, the owner of such facility shall be liable to the City for payment of all or any portion of ambulance service charges remaining unpaid one hundred twenty (120) days after the City shall have rendered its billing to the recipient of such services. A duplicate copy of the billing to the recipient shall be forwarded to the health care facility at the time the recipient is originally billed for such services.

16-9.2 Contract Services. The City may provide ambulance service to the residents of the other municipalities that have contracted with the City for ambulance services.

16-10 PENALTIES. Any person who is convicted of or found responsible for a violation of any provision of this Chapter shall be subject to the penalties specified in Chapter 1 of this Code. Penalties shall apply notwithstanding the fact that a violator shall have paid a service fee pursuant to Section 16-9 of this Chapter. (A) Any person who shall violate any of the provisions of the Code hereby adopted or fail to comply; or who shall violate

or fail to comply with any order made; or who shall build in violation of any detailed statement of specifications or plans submitted and approved, or any certificate or permit issued, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by the City Commission or the City or by a court of competent jurisdiction within the time fixed, shall severally for each and every such violation and noncompliance respectively be guilty of a violation of the Three Rivers City Code punishable as prescribed in Chapter 1.

(B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Any

building, structure or premises erected, used, occupied, or maintained in violation of this Chapter is hereby declared to be a nuisance per se. Upon application to any court of competent jurisdiction, the court may order the nuisance abated and/or the violation or threatened violation restrained and enjoined.

CHAPTER 16 FIRE DEPARTMENT/AMBULANCE SERVICE

(2017) 16-5

(THIS PAGE INTENTIONALLY LEFT BLANK)

(2017) 17-1

CHAPTER 17 - PARKS, PUBLIC GROUNDS & WATERWAYS 17-1 DEFINITIONS.

Waterway means any lake, river, canal or connecting waters within the boundaries of the City and under its jurisdiction.

17-2 POLLUTION AND OBSTRUCTION OF WATERWAYS.

17-2.1 Pollution. No person shall put into the waters of any waterway or on the ice covering of any of the waters any filth of any description or throw or deposit or permit to be deposited or placed in any of the waters of any waterway or on ice covering said waters any glass, cans or bottles, any metal object, rubbish, garbage, refuse, sewage, or any other substance likely to injure any person, fish, bird or animal, or cause any unsightly or unsanitary conditions either in or upon the waters or on the adjacent shoreline.

17-2.2 Obstructions. No person shall place any obstruction or permit the placing of any obstruction within any waterway which would tend to endanger or impede navigation. Any person violating the provisions of this Section shall be liable to the City for all costs and expense incurred by the City in the removal of the obstruction.

17-3 OPERATION OF WATERCRAFT.

17-3.1 Speed. Any person operating or propelling a watercraft upon any waterway shall operate the same in a careful and prudent manner and at a rate of speed so as not to endanger the life or property of any person. No person shall operate any watercraft at a rate of speed greater than will permit him or her, in the exercise of reasonable care, to bring the watercraft to a stop within the assured clear distance ahead. No person shall operate a watercraft in a manner so as to unreasonably interfere with the lawful use by others of any waterway.

17-3.2 Reckless Operation. No person shall operate any watercraft or navigate, steer or control himself or herself while being towed on water skis, water sled, surfboard or similar contrivance upon any waterway carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.

17-3.3 Mufflers. Every watercraft being operated on a waterway and being propelled by a permanently or temporarily attached motor shall be provided and equipped with a stock factory muffle, underwater exhaust or other modern device capable of adequately muffling the sound of the exhaust of the engine of such motorboat. The mufflers shall be kept closed, and the exhaust or device kept in proper working order by any person operating or in charge of the watercraft at all times when the engine is in operation. The term capable of adequately muffling the sound of the exhaust of the engine shall mean the motor's exhaust at all times shall be so muffled or suppressed as not to create excessive or unusual noise.

17-4 CITY PARKS REGULATIONS.

17-4.1 Injury to Park Property. No person shall obstruct any walk or drive in any public park or playground, and no person shall injure, mar or damage in any manner, any monument, ornament, fence, bridge, seat, tree, fountain, shrub, flower, playground equipment, fireplaces, or other public property within or pertaining to the parks.

17-4.2 Intoxicating Liquors. No person shall bring into or drink in any City park any alcoholic beverage.

17-4.3 Waste Containers. No person shall place or deposit any garbage, glass, tin cans, paper or miscellaneous waste in any park or playground except in containers provided for that purpose.

17-4.4 Ball Games. No baseball, football or softball throwing, or other violent or rough exercises or play shall be engaged in, any public park or other public place except in areas designated by the City Manager.

17-4.5 Bicycles and Mopeds. No person shall ride a bicycle or moped in Scidmore Park except upon a roadway open to the use of the public for purposes of vehicle travel.

17-4.6 Additional Rules. The City Manager in conjunction with the Parks Board is empowered to make rules and regulations pertaining to the conduct and use of parks and public grounds as are necessary to administer the same and to protect public property and the safety, health, morals and welfare of the public.

17-5 VANDALISM.

(A) It is unlawful to destroy, damage or remove any trees, shrub, wildflower or other vegetation, or to destroy, damage, deface or remove any publicly owned property in any public park or recreation area owned by the City.

(B) In addition to the penalties provided in this Code for violating its provisions, any person convicted of an act

of vandalism shall reimburse the City for up to three (3) times the amount of the damage as determined by the court.

CHAPTER 17 PARKS, PUBLIC GROUNDS & WATERWAYS

(2017) 17-2

(C) In every case of conviction for an offense under this Section, the court before which such provision is

obtained shall enter judgment in favor of the City and against the defendant for liquidated damages in a sum as provided in Subsection (B) above. The City with the assistance of the City Attorney shall collect the award by execution or otherwise. If two (2) or more defendants are convicted of the vandalism, the judgment for damages shall be entered against them jointly. If the defendant is a minor, the judgment shall be entered against his parents. Upon collection, the sums shall be credited to the general fund of the City involved and shall be used for repairs and improvements to the parks.

17-6 PARK HOURS.

(A) Excepting authorized employees of the City and any person, group or organization given specific written permission by the City Manager, no person shall be in any City park or recreational area from sunset to sunrise.

(B) Every person convicted of violating this provision shall be subject to the penalties provided for under Section

1-5 of this Code

(2017) 17-3

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 18-1

CHAPTER 18 – WATER DISTRIBUTION SYSTEM

18-1 PURPOSE AND POLICY. This Chap te r s e ts fo r t h requ i rem en ts f o r t he C i t y ’ s production and distribution of water for drinking and other uses. It applies to all users of the City’s Water Distribution System and enables the City to protect public health, safety, and welfare, and to comply with all applicable State and Federal laws, including the Michigan Safe Drinking Water Act, Public Act 399 of 1976, as amended.

18-1.1 Findings - Water

(A) Necessity for Potable Water. The City Commission has previously found, and currently reaffirms that the businesses, industries, governmental and charitable agencies and residents located in the City need to have potable and otherwise usable water.

(B) Availability of Potable Water. The City Commission further has previously found, and currently reaffirms, that the supply of potable water available from private wells within the City is insufficient to assure that all businesses, industries, governmental and charitable agencies, and residents will have sufficient potable water available for their use and other water necessary for industrial and fire prevention and control unless the City offers water to all properties located within the City.

(C) Method for Measuring Use - Water Supply Services. Based on advice of its engineers, the City Commission has previously found, and currently reaffirms, that a fair and accurate method, given available technology, of measuring the use of the water supply from the Water Distribution System by any user is by a meter or meters installed and controlled by the City.

(D) Continuation o f Se rv i c e . The C i t y Com m is s i on has p re v i ous l y f ound , an d f u r t he r currently reaffirms that, in order to provide and continue to provide clean potable and other usable water to all customers of the Water Distribution System, in quantities improvements, enlargements, extensions and repairs to the Water Distribution System.

18-1.2 Establishment of the Water Distribution System. Based on the findings and for the purposes set forth in Section 18-1.1, the City has previously established and hereby re- establishes the Water Distribution System, consisting of all water mains, pumping and storage facilities, pressure systems, wells, connections, service pipes, meters, and all other appurtenances to the System.

18-2 DEFINITIONS. Unless the context specifically indicates otherwise, the following terms shall have the following meanings as used in this Chapter:

Backflow means water of questionable quality, wastes, or other contaminants entering a public water supply system due to a reversal of flow.

City means the City of Three Rivers or its City Commission, and the City’s authorized representatives.

City Manager means the City Manager of the City or the City’s Manager’s designee.

Cross-connection means a connection or arrangement of piping or appurtenances through which backflow could occur.

Department means the City of Three Rivers Department of Public Services, and its authorized representatives.

Person means an individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

Premises means each lot or parcel of land, building or premises having any direct or indirect connection to the Water Distribution System.

Public Water Supply System means a complete public waterworks system that provides potable and otherwise usable water to users of the system, such as the City’s Water Distribution System.

Safe Air Gap means the minimum distance a water inlet or opening above the maximum high water level or overflow rim in a fixture, device, or container to which public water is furnished. The Safe Air Gap shall be at least two (2) times the inside diameter of the water inlet pipe, but shall not be less than one (1) inch and not more than twelve (12) inches.

Secondary Water Supply means any water supply that is not from a public water supply system, and including but not limited to, a water supply from ground or surface sources not meeting the requirements of Act 399 of Public Acts of 1976 (Michigan Safe Drinking Water Act), as amended, being sections 325.1001 to 325.1023 of the Michigan Complied Laws, or water from a public water supply system which in any way has been treated, processed or exposed to any possible contaminant or stored in an other than approved storage facility, or a private water storage tank supplied from a public water supply system unless it is designed and approved for potable water usage. All private water storage tanks supplied from a public water supply system are included and must meet applicable approval guidelines for potable water usage.

State means the State of Michigan.

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-2

Submerged Inlet means a water pipe or extension thereto from a public water supply system terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against backflow.

User means any person that that is a customer of the Water Distribution System, or that receives water, directly or indirectly, from the Water Distribution System.

Water Connection means that part of the Water Distribution System beginning at the shutoff valve in the public right-of-way and extending to the premises.

Water Distribution System (or System) means the complete public water supply system owned and operated by the City, including all water mains, pumping and storage facilities, pressure systems, wells, connections, service pipes, meters, valves, hydrants, and all other appurtenances to the System.

Water Main means that part of the Water Distribution System located within easements or streets designed to supply more than one (1) water connection.

18-3 WATER CONNECTION PERMITS, CHARGES, AND FEES

18-3.1 Permit Required; Payment of Connection Charges and Tap-in Fees. The owner of each premises required to connect to the Water Distribution System shall first obtain a connection permit from the Building Official and pay to the City the required Capital Connection Charges and tap-in fees as provided by Chapter 19A and Chapter 6 of this Code.

18-4 USE OF WATER DISTRIBUTION SYSTEM

18-4.1 Water Connection Required. The owner of a house, building or property used for human occupancy, employment, recreation or other purposes, abutting on any street, alley, right- of-way or public utility easement in which there is now located or may in the future be located a public water main of the City, shall at the owner's expense connect directly to the public water main within one hundred eighty (180) days after date of the official notice to do so has been issued by the City Manager, provided that the public water main is located within a public easement contiguous to and not further than two hundred (200') feet from the house, building, structure or property.

18-4.2 Existing Private Wells. Notwithstanding the provisions of Section 18-4.1, the owner of an improved residential lot having thereon an existing private well for domestic water service, which well complies with all applicable laws pertaining to a private water supply, shall not be required to connect to a public water main until there is a transfer of ownership or such time as the well or the dwelling thereon requires major repairs or

18-4.3 Water Service Connections. Application for water connections shall be made to the City Clerk on forms prescribed and furnished by the City. Water connections and water meters shall be installed in accordance with rules and regulations of the Department and upon payment of the required connection fee and meter installation fee. All meters and water connections shall be the property of the City. Connection fees and meter installation charges shall not be less than the cost of the materials, installation and overhead attributable to such installations. The fees and charges shall be established by resolution of the City Commission from time to time, in accordance with the size of the connection furnished. A duly issued water connection permit shall be valid for a period of six (6) months from and after the date of issuance. The City Manager, upon good cause shown by the permit holder, may extend such permit for an additional period not to exceed six (6) months. The cost of all repairs, maintenance and replacements to existing water lines and their connection to the Water Distribution System from the building to the City water main shall be borne by the property owner. Such owner shall make application to perform such work to the Building Official.

18-4.4 Turning on Water Service. No person other than an authorized employee of the Department shall turn on or off any water service, except that a licensed plumber may turn on water service for testing his or her work (when it must be immediately turned off) or upon written order from the Department; provided, that upon written permit from the Department, water may be turned on for construction purposes only, prior to the granting of a certificate of occupancy for the premises, and upon payment of the charges applicable thereto.

18-4.5 Water Meters. All premises using water shall be metered, including lawn sprinkler systems, except as otherwise provided in this Chapter. No person except an authorized City employee shall break or injure the seal or change the location of, alter or interfere in any way with any water meter.

18-4.6 Meter Location. Meters shall be set in an accessible location and in a manner satisfactory to the Department. When the premises contain no basement or cellar, the meter shall be installed outside in a meter pit, the location of which shall be approved by the Department. If it is necessary to set the meter in a pit, the pit shall be built at the expense of the owner as directed by the Department.

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-3

18-4.7 Access to Meters. The City Manager shall have the right to shut off the supply of water to any premises where authorized City employees are not able to obtain access to the meter. Any authorized City employee shall at all reasonable hours have the right to enter the premises where meters are installed for the purpose of reading, testing, removing, or inspecting the meter or for the purpose of inspecting any pipe or fixture connected to the Water Distribution System, and no person shall hinder, obstruct or interfere with such employee in the lawful discharge of his or her duties in relation thereto.

18-4.8 Reimbursement for Damages. Any damage which a meter may sustain resulting from carelessness of the owner, agent or tenant or from neglect of either of them to properly secure and protect the meter as well as any damage which may be wrought by frost, hot water, or steam backing from a boiler shall be paid by the owner of the property to the City on presentation of a bill therefor; and in cases where the bill is not paid, the meter shall be shut off and shall be turned off until all charges have paid to the City.

18-4.9 Meter Failure. If any meter shall fail to register properly, the Department shall estimate the consumption on the basis of former consumption and bill accordingly.

18-4.10 Inaccurate Meters. A user may require that the user’s meter be tested. If the meter is found accurate, a charge will be made. The charge for accurate meter readings is as set forth in Section 6-6 of Chapter 6 of this Code. If the meter is found defective, it shall be repaired or an accurate meter installed and no charge shall be made.

18-4.11 Accuracy Required. A meter shall be considered accurate if, when tested, it registers not to exceed two (2%) percent more or two (2%) percent less than the actual quantity of water passing through it. If a register in excess of two (2%) percent more than the actual quantity of water passing through it, it shall be considered "fast" to that extent. If a register in excess of two (2%) percent less than the actual quantity of water passing through it, it shall be considered "slow" to that extent.

18-4.12 Bill Adjustment. If a meter has been tested at the request of a user and shall have been determined to register "fast," the City shall credit the user with a sum equal to the per cent "fast" multiplied by the amount of all bills incurred by the user within the three (3) months prior to the test, and if a meter so tested is determined to register "slow," the City shall charge the user with a sum equal to the per cent "slow" multiplied by the amount of all bills incurred by the user within the three (3) months prior to the test. When the Department on its own initiative makes a test of a water meter, it shall be done without cost to the user other than his or her paying the amount due the City for water used as above provided if the meter is found to be "slow."

18-4.13 Hydrant Use. No person except an employee of the City in the performance of his or her duties shall open or use any fire hydrant except in case of emergency without first securing a written permit from the Department and paying the charges as may be prescribed.

18-4.14 Lawn Sprinkling. The City Manager, subject to approval by the City Commission, may regulate, limit or prohibit the use of water for any purpose. Regulations shall restrict less essential uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for firefighting. No regulation, limitation or prohibition shall be effective until twenty-four (24) hours after the publication thereof in a newspaper of general circulation in the City. Any person violating such rule or regulation shall, upon conviction thereof, be punished as prescribed by this Code.

18-4.15 Additional Regulations. The City Manager may make and issue additional rules and regulations concerning the Water Distribution System, including, but not limited to, connection thereto, meter installation and maintenance, connection and meter installation fees, hydrants and water mains and the appurtenances thereto not inconsistent with this Chapter. Rules and regulations shall be effective upon approval by the City Commission. Rules and regulations now in effect shall continue until changed in accordance with this Section.

18-4.16 Injury to Facilities. No person shall willfully or carelessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Water Distribution System.

18-4.17 City Well Pollution. It shall be unlawful for any person to construct or maintain, or permit to be constructed or maintained, within a radius of two hundred (200) feet from any of the municipal water wells within the City from which the City draws its water supplies, any source of possible contamination or pollution to such wells.

18-4.18 Water System Pollution. It shall be unlawful for any person to do any act, or to allow to be done any act, that may contaminate or pollute or contribute to the contamination or pollution of the water supply wells or any part of the Water Distribution System.

18-4.19 Fluoride Treatment. The City shall not, nor shall any person, add fluoride to the water supply or the facilities supplying water to the residents of the City which may be consumed by humans.

18-5 CONNECTIONS WITH WATER DISTRIBUTION SYSTEM; CROSS- CONNECTIONS

18-5.1 Applicable Laws, Codes and Rules. All connections with the Water Distribution System shall comply with all other applicable laws, codes and rules, including, but not limited to, the following:

(A) This Chapter and all other provisions of the City Code pertaining to plumbing and water supply.

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-4

(B) The State Plumbing Act, Act 733 of the Public Acts of 2002, as amended.

(C) The Michigan Safe Drinking Water Act, Act 399 of the Public Acts of 1976, as amended; and the Administrative Rules promulgated thereunder, R 325.10101 to R 325.12820, as amended; including the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality being R 325.11401 to R 325.11407 of the Michigan A d m i n i s t r a t i v e C o d e , a s a m e n d e d , w h i c h r u l e s a r e h e r e b y a dopted b y reference.

(D) The BOCA National Plumbing Code; and the Michigan Plumbing Code, R 408.30701 to R 408.30796 of the Michigan Administrative Code, which codes are hereby adopted by reference. The provisions of this Chapter do not supersede the Michigan Plumbing Code, but are supplementary to it. Notwithstanding any provision of this Chapter to the contrary, the most stringent or restrictive standards or requirements applicable to connections with the Water Distribution System shall control, whether established by this Chapter, by any notice, order, decision or determination promulgated, issued or made by the City or the Department under this Chapter, or by state or federal laws or regulations. Further, if state or federal laws or regulations provide for standards or requirements not covered by this Chapter that are otherwise applicable to connections to the Water Distribution, those standards and requirements shall apply in addition to those required by this Chapter, and the most restrictive of those additional standards or requirements shall control and shall be complied with immediately or within the time period specified by the law or regulation.

18-5.2 Cross-connections prohibited. All cross-connections to the Water Distribution System are prohibited, including, but not limited to the following:

(A) Cross-connections between a public water supply system and a secondary water supply.

(B) Cross-connections by submerged inlet.

(C) Cross-connections between a lawn sprinkling system and the public water supply system.

(D) Cross-connections between a public water supply and piping that may contain sanitary waste or a chemical contaminant.

(E) Cross-connections between a public water supply system and piping immersed in a tank or vessel that may contain a contaminant.

18-5.3 Piping Identification. When a secondary water supply is used in addition to a public water supply system, exposed public water supply piping shall be identified by a blue color or tags and all other exposed piping shall be distinguished from the public water supply piping by a different contrasting color or tags and so maintained that the public water supply piping and secondary water supply piping can be traced readily in their entirety. If piping is installed so that it is impossible to trace it in its entirety, there shall be no connection to the Water Distribution System unless done in a manner acceptable to the Michigan Department of Environmental Quality.

18-5.4 Inspections. The Department shall develop a program for the elimination and prevention of cross-connections. As part of this program, the Department shall cause inspections and re- inspections of all premises where cross-connections with the Water Distribution System are deemed possible. The frequency of inspections and re-inspections shall be based on potential hazards associated with cross-connections to the Water Distribution System, as determined by the Department.

18-5.5 Owner Responsibilities. The owner and occupant of any premises connected to the Water Distribution System, at their sole expense, shall have all of the following duties and responsibilities:

(A) To eliminate all cross-connections on the premises;

(B) To install, maintain, test, or have tested, all backflow prevention devices on the premises.

(C) To correct any malfunction of a backflow prevention device revealed by testing.

(D) To inform the Department in writing of any proposed or modified cross-connection and also of any existing cross-connection which has not been previously disclosed to the Department in writing.

(E) To refrain from installing a bypass around any backflow prevention device unless there is a suitable backflow prevention device on the bypass that has been approved in writing in advance by the Department. If it is not possible to shut down operations in order to test a backflow prevention device, additional devices shall be provided as necessary to allow testing the backflow prevention device.

18-5.6 Protective Devices. A user shall obtain written approval by the Department of any proposed backflow prevention corrective action or protective device before use or installation. The Department may require the filing of a backflow device test report on a periodic basis or frequency established by the Department for any backflow prevention devices used by a user. All testing and maintenance of user’s backflow device shall be at the user’s own expense and be performed by a person approved by the Department. The individual testing the device shall certify to the Department that the results of his or her testing are accurate. The certification may be required to be

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-5

part of the backflow prevention device test report which may also be required to be filed with the Department. The Department shall review backflow device test reports filed with the Department, but may refuse to review any backflow device test report until the review fee required by the City, if any, has been paid. Reports for which a required review fee, if any, has not been paid and which have not been reviewed will be treated for purposes of this Chapter in the same manner as failure to file a report. Failure to file a report required by the Department may be deemed evidence of a cross-connection.

18-5.7 Labeling Unsafe Water. The potable water supply made available on the premises served by the Water Distribution System shall be protected from possible contamination as specified by this Chapter and by the State Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the Water Distribution System must be labeled in a conspicuous manner as: “WATER UNSAFE FOR DRINKING”

18-5.8 Removal or Correction of Cross-connections. Whenever an authorized representative of the City determines that an unlawful cross-connection exists on any premises, they shall notify the user/owner and shall order the user/owner to remove, or to correct, the unlawful cross- connection. The notice and order shall be in writing and shall be mailed by first class mail to the user/owner at the premises, or shall be served personally upon user/owner. The notice and order shall (1) state the nature and location of the unlawful cross-connection; (2) specify a final date by which the unlawful cross-connection shall be corrected or removed; and (3) state that the Water Distribution System will be physically separated from the on-site piping system if the unlawful cross-connection remains on the final date for correction or removal.

18-5.9 Cross-connection P r o g r a m F e e s . The C i t y C o m m i s s i o n m a y , b y r e s o l u t i o n o r ordinance, establish fees to be charged to users that are reasonably related to the services provided the user by the City in the operation of the program for the elimination and prevention of cross-connections. Any such fees may be added to, and for the purposes of discontinuance of service, shall be considered part of a user’s water bill.

18-6 ENFORCEMENT

18-6.1 Right to Enter Private Property; Requests for Information. The City Manager and other authorized representatives of the City bearing proper credentials and identification are authorized to enter any premises served by a connection to the Water Distribution System (and any other premises, as determined necessary by the City Manager) as necessary to determine, independent of information supplied by users or any other persons, compliance or noncompliance with the requirements of this Chapter and other applicable laws and regulations. This shall include, but shall not be limited to, the authority to read meters, make inspections of the piping systems and to check for cross-connections, make repairs, install or remove City appurtenances used for providing service to the premises, or for any other purpose as determined necessary by the City to meet the purposes and objectives of this Chapter.

On request, the owner, lessees or occupants of any premises served by the Water Distribution System shall furnish to City representatives any information regarding matters related to providing water service to the premises, including information regarding the piping system or systems on the premises. The refusal to furnish such information or refusal of access, when requested, shall be deemed evidence of the presence of cross-connections and shall be a violation of this Chapter.

18-6.2 Notice of Violation. Any person found to be violating a provision of this Chapter may be served by the City Manager with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of the violation. The person shall, within the period of time stated in notice, permanently cease all violations. Nothing in this Section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation, or otherwise require the City to first issue a Notice of Violation before initiating any other enforcement action against a person for violating this Chapter. Further, receipt or non-receipt of a Notice of Violation shall in no way relieve the affected user of any and all liability associated with any violation. Failure to comply with any requirement of a notice of violation shall constitute a separate violation of this Chapter.

18-6.3 Orders. The City Manager may issue an order to any person as determined by the City Manager to be appropriate under the circumstances, including, but not limited to, orders to require a person to perform any action required to meet the purposes and objectives of this Chapter. Any user issued an order to take immediate action shall immediately stop or eliminate the noncompliance using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately take such action, the City may take any action determined necessary as authorized by this Chapter, including, without limitation, immediate suspension of water service or commencement of judicial proceedings, as determined necessary by the City to prevent or minimize damage to the Wastewater Distribution System or endangerment to public health, safety or the environment. The City may reinstate the water service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncompliance has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncompliance and the measures taken to prevent any further occurrence shall be submitted to the City Manager within 15 days of the occurrence.

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-6

18-6.4 Discontinuance of Service. The City is authorized, after reasonable notice, to disconnect and/or discontinue water service to any user, premises, or person, for failure, refusal, or inability to comply with any of the rules and regulations of the Department or the provisions of this Chapter, or for non-payment of all or part of a water bill, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of or damage to the Water Distribution System. Action to withhold use of the Water Distribution System may be taken by the City Commission on its own motion or upon recommendation of the City Manager. Except as otherwise provided by this Section, before withholding use of the Water Distribution System, written notice shall be given to the user, premises, or person affected stating the action contemplated and the basis therefor. The user, premises, or person affected may present evidence of a relevant nature at a hearing and the City Commission shall decide the question in such a manner as determined just and reasonable, in the public interest, and consistent with the purposes and objectives of this Chapter. If the City Manager determines that there may be a threat to the public health, safety or the environment, through poisoning, spread of disease, contamination, or source of harm, the water service may be terminated immediately. Water service that has been disconnected and/or discontinued pursuant to this Section shall not be restored until the violation, danger, or threat has been eliminated in compliance with the provisions of this Chapter, as determined by the City Manager.

18-6.5 Penalty. Any person or customer violating any provision of this Chapter, or any written notice or order of the City Manager in pursuance thereof, shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to93 days, or both in the discretion of the court. Each act of violation, and each day or portion of a day that a violation of this Chapter (or of any order issued under this Chapter) exists or occurs, constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as provided by this Chapter.

18-6.6 Continuing Violation. Each act of violation, and each day or portion of a day that a violation of this Chapter (or of any permit, order, or notice issued under this Chapter) exists or occurs, constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as provided by this Chapter

18-6.7 Nuisance. A violation of this Chapter, or of any permit, order, or notice issued under this Chapter, is deemed to be a public nuisance and shall be corrected or abated as directed by the City. In addition to any other legal or equitable remedies available under the law, any person creating a public nuisance shall be subject to the provisions of state law, this Chapter, or other ordinance of the City governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance, as applicable.

18-6.8 Judicial Relief. With the approval of the City, in conjunction with the City’s legal counsel, the City Manager may institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for violations of this Chapter or of any permit, order, notice or agreement issued or entered into under this Chapter. The action may seek temporary or permanent injunctive relief, damages, penalties, costs, and any other relief, at law or equity that a court may order. The City Manager may also seek collection of fines, penalties and any other amounts due to the City that a person has not paid.

18-6.9 Cumulative Remedies. The imposition of a single penalty, fine, notice, or order upon any person for a violation of this Chapter, or of any permit, order, or notice issued under this Chapter, shall not preclude (or be a prerequisite for) the imposition by the City or a court of competent jurisdiction of a combination of any or all of those sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable limitations on penalty amounts under state or federal laws or regulations. A criminal citation and prosecution of a criminal action against a person shall not be dependent upon and need not be held in abeyance during any civil, judicial, or administrative proceeding, conference, or hearing regarding the person.

CHAPTER 18 WATER DISTRIBUTION SYSTEM

(2017) 18-7

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 20-1

CHAPTER 19 - SEWER AND WATER 19A-1 PURPOSE OF CHARGES, RATES, AND FEES. The charges, rates, and fees for the use of and connection to the City’s Water Distribution System as established under Chapter 18 of this Code, and the City’s Publicly Owned Treatment Works (“Sewer System”) as established under Chapter 19 of this Code, are hereby established for the following purposes: to recover the cost of construction, reconstruction, maintenance, repair, and operation of those Systems; to comply with the Federal and State acts and regulations applicable to those Systems; to provide for the payment of principal of and interest on any bonds authorized to be issued as and when the same become due and payable and to create a bond and interest redemption fund therefor; to provide a fund for reasonable and necessary improvements to the Systems; and to provide for such other funds as are necessary to meet contractual obligations of the Issuer. Such charges, rates, and fees shall be made in accordance with the purposes herein described, as well as the following:

(A) All premises connected directly or indirectly to the Water Distribution System and/or the Sewer System, except as hereinafter provided, shall be charged as provided by this Chapter and shall make payments to the City in the amounts provided in Chapter 6 of this Code.

(B) The charges, rates and fees for water service by the Water Distribution System and sewer service by the Sewer System are established herein to adequately provide for bond requirements and to ensure that those Systems do not operate at a deficit.

(C) Each System’s staff (or other parties as designated by the City) shall periodically review the charges, rates, fees, rules and regulations of their respective Systems, which reviews shall be completed not less than one (1) time per fiscal year. Results of the reviews for each System shall be reported to the City Commission with recommendations for any adjustments.

(D) The charges, rates and fees shall be set so as to recover costs from the users of each System in reasonable proportion to the cost of serving those users.

19A-2 Proportionality, Fairness, and Benefits of Charges, Rates and Fees. The City Commission has previously found and further currently reaffirms that the fairest and most reasonable method of providing for the operation, maintenance, repair, replacement and improvement of the Water Distribution System and the Sewer System is to charge each user, based in all cases on amount of use, for the costs of: (i) retiring debt secured by the net revenues of those Systems issued to pay for improvements and replacements to the Systems; (ii) ongoing repair, replacement and improvement and budgeted as part of the annual costs of the Systems; and (iii) operation, administration and maintenance costs of the Systems. The City has investigated several methods of apportioning the costs of the water service provided by the Water Distribution System and the costs of the sewage disposal service provided by the Sewer System. Based on its investigation and on the advice of its engineers, the City Commission has previously found, and currently reaffirms, that to ensure the stability and viability of those Systems for the benefit of its users, a fair and accurate way to apportion the costs of operation, maintenance, replacement and improvement of the Systems is to charge each user: (i) a Capital Connection Charge for water service and a Capital Connection Charge for sewer service when a user’s property is first connected to each of those Systems; (ii) a basic water rate which includes a fixed minimum bi-monthly charge plus a commodity charge for the use of water, and a basic sewer rate which includes a fixed minimum bi-monthly charge plus a commodity charge for the use of sewer; and (iii) a high volume service charge for high volume users of each System. The City Commission has previously found, and currently reaffirms that the rates and charges currently in effect accurately apportion the fixed and variable costs of the Systems among the users of each System and that the basic water rates, basic sewer rates, and the high- v o l u m e service charges each provide actual benefits to such users in the form of ready access to water service and sewer service that would be unavailable if such charges were not charged. The City Commission has previously found and currently reaffirms that the declining block rates set forth in the basic water rates and the basic sewer rates fairly and proportionally allocate the fixed and variable costs of the respective Systems among all users of the Systems and that the use of such block rates is supported not only by the City’s engineers, but also by leading experts in utility service rate setting methodology. In addition to the findings set forth above, the City Commission has previously found and currently reaffirms that the Capital Connection Charges for the Water Distribution System and for the Sewer System reflect the proportional capital costs of those Systems, previously paid by the City and the Systems, attributable to each new user of the Systems, and that the opportunity to connect to the Systems provides actual benefits to each new user equal to or greater than the amount of such charges. Furthermore, the City Commission has previously found and currently reaffirms that the charges imposed by the Systems are sufficient to meet the short-term capital improvement needs of each System as set forth the Short-Term Capital Improvement Plan proposed by the City Manager.

19A-3 Basic Water Rates. The bi-monthly charges for water service furnished by the City’s Water Distribution System, as measured by a water meter installed in each premises, shall be as provided in Chapter 6 of this Code. 19A-4 Basic Sewer Rates. The bi-monthly charges for sewer service furnished by the City’s Publicly Owned Treatment Works (hereinafter City’s “Sewer System”), as measured by a water meter installed in each premise, shall be as provided in Chapter 6 of this Code. Any user of water furnished by the Water Distribution System, using in excess of 300,000 cubic feet

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-2

per bi- monthly billing period for six consecutive billing periods may use a sewage meter to determine sewage discharge. Said meter shall be installed, calibrated and maintained per agreement with, or as otherwise required by, the City. Thereafter, in commencing with the next regular billing period, the charges for sewer service shall be at the rates provided in this Chapter measured by the sewage meter. 19A-5 High Volume Service Charge. In addition to the metered charges provided for in Sections 19A-1 and 19A-2, for each premises where the average bi-monthly billing period metered water consumption during the previous six bi-monthly billing periods exceeded 33,000 cubic feet, users shall pay, for the next succeeding six bi-monthly billing periods, high volume service charges which shall be as provided in Chapter 6 of this Code. Average metered water consumption shall be determined on the average consumption for the previous twelve-month period. The City Manager is authorized to negotiate a contract pertaining to high volume service charges with any user whose metered consumption exceeds 33,000 cubic feet per bi-monthly billing period, which contract shall be subject to the approval of the City Commission and shall be approved only if the combined basic water and sewer rates and the high volume user charges in the contract are fairly and accurately apportioned to the fixed and variable costs of providing water and sewer service to such user. 19A-6 Short-Term Capital Improvements Plan and Short-Term Capital Improvements Fund. The City Manager shall cause to be prepared and updated annually a Short-Term Capital Improvements Plan which shall contain a description of the capital improvement needs for the City’s Water Distribution System and the City’s Sewer System for the next succeeding five years and a proposed budget for such improvements. During each fiscal year of the City, twenty percent (20%) of the budgeted amount for such five-year plan shall be set aside and reserved in a special fund to be known as the “Water and Sewer Systems Short-Term Capital Improvements Reserve Fund.” The City Manager shall include in the annual budget expenditures for projects included in the Short-Term Capital Improvements Plan for approval by the City Commission. On or before December 1 of each year, the City Manager shall prepare and file with the City Commission a utility rate report with recommendations as to adjustments in water and sewer rates. The primary purpose of such report shall be to inform the City Commission as to whether or not existing rates are generating sufficient revenue to cover all the items included in the Short- Term Capital Improvements Plan.

19A-7 Water and Sewer Connection Charges and Fees 19A-7.1 Capital Connection Charges and Tap-in Fees. The owner of each premises connecting to the Water Distribution System or the Sewer System shall pay a Capital Connection Charge for the privilege of making connection to each System. These charges shall be one-time charges imposed for water services or sewer services, as applicable, the first time a premises is connected to each System. The Capital Connection Charges represent the capital costs of the respective System, previously paid by the City for the System, attributable to each new user and are equivalent to the benefit provided to such user for connecting to the System. The C a p i t a l Connection Charge for various uses shall be as provided in Chapter 6 of this Code. Connections fees for uses not listed in Chapter 6 of this Code and for structures with fire sprinkler systems shall be determined by the City Manager. The Capital Connection Charge shall not include the tap-in fees for the actual costs of making the connection from a user’s premises to the service line of the Water Distribution System or the Sewer System. The tap-in fees shall be charged separately as provided by Section 19A-7.2. 19A-7.2 Tap-in Fees. The City Manager shall establish tap-in fees which shall be charged to users each time a connection is made to the Water Distribution System for water service. Such fee shall be equivalent to the actual costs of connecting to the System, including any applicable administrative costs.

19A-8 Sewer Service Surcharges. Surcharges for the treatment of wastewater containing pollutants in excess of specified concentrations, loadings or other applicable limits, or for other specified purposes shall be established and charged as provided by Chapter 19 of the City Code. 19A-9 Billing. Bills for water and sewer service, and, if applicable, high volume service charges, shall be rendered bi-monthly as follows: First District and Second District - June 1, August 1, October 1, December 1, February 1, April 1. Third District and Fourth District - July 1, September 1, November 1, January 1, March 1, May 1.

Bills for service shall be due and payable fifteen (15) days after being rendered. Ten percent (10%) of the total bill shall be added to all bills for water and sewer service, and/or high-volume service charges, which are not paid by the due date to reimburse the Water Distribution System or Sewer System, as applicable, for the additional administrative and interest costs attributable to such delay in payment. Notwithstanding are other provisions of this Chapter, persons whose metered consumption of water is in excess of 100,000 cubic feet per bimonthly billing period shall be billed monthly for water and/or sewer service. Such monthly bills, the first month of each bi-monthly billing period shall be estimated and the balance due for each bi-monthly billing period shall be billed at the end of the second month based on the metered consumption. Users subject to monthly billing shall pay one half of the charges as provided in Section 19A-6 each month.

19A-10 Collection. The City is hereby authorized to enforce the payment of charges for water service to any premises by discontinuing the water service to such premises and the payment of charges for sewage disposal service to any premises may be enforced by discontinuing either the water service or the sewage disposal service to such premises, or both, and legal action to collect delinquent charges may be instituted by the City against the user. The charges for water service or sewage disposal service which, under the provisions of Act 94, Public Acts of 1933 of the State of Michigan, as

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-3

amended, are made a lien on the premises to which furnished, and are hereby recognized to constitute such lien; and the City shall, annually, on October 1, certify all unpaid charges for such services furnished to any premises, which, on the 30th day of September preceding, have remained unpaid for a period of six (6) months, to the City Assessor who shall place the same on the next tax roll of the City. At the City’s discretion, the City may place a lien on a premise if the charge for such services furnished to such premises have remained unpaid for a period of six (6) months. Such charges so assessed shall be collected in the same manner as general City taxes. In cases where the City is properly notified in accordance with said Act 94 of 1933 that the tenant is responsible for water or sewage disposal charges, no such service shall be

commenced or continued to such premises until there has been deposited with the Department, a sum sufficient to cover three (3) times the minimum bimonthly billing amount for such premises as estimated by the City. Where the water service to any premises is turned off to enforce payment, continuance of water service shall not be recommenced until all delinquent charges have been paid and a deposit as in the case of tenants is made. There shall be a water turn-on charge assessed in the event that water has been turned off to enforce payment. There shall be different turn-on charges assessed based on the time the service is reconnected. These charges shall be listed in the current “User Fees and Charges” ordinance as adopted by the City Commission. Where the water service to any premise is turned off to enforce the payment of water service a second time (2) in a twelve (12) month period, a penalty in the amount of two (2) times the water turns on fee shall be charged. Where the water service to any premise is turned off to enforce the payment of water service a third time (3) in a twelve (12) month period, a penalty in the amount of three (3) times the water turns on fee shall be charged. In any other case where, in the discretion of the City, the collection of charges for water or sewage disposal services may be difficult or uncertain, the City may require a similar deposit. Such deposits may be applied against any outstanding water or sewage disposal service charges of the depositor, and in the event that the charges outstanding exceed the deposited amount, the user shall be billed for the balance. The application of said deposit shall not affect the right of the City to turn off the water service and/or sewage disposal service to any premises for any reason. No such deposit shall bear interest and the City shall refund the deposit amount or any remaining balance thereof within thirty (30) days after the final reading has been submitted to the City’s Finance Department. The City may take all appropriate legal or equitable actions to collect any amounts due the City under this Chapter. 19A-11 Senior Citizen Discount. Notwithstanding the provisions of Sections 19A-3 and 19A-4 of this Chapter, users of the City’s water and/or sewage disposal service who are of the age of 65 years and over and whose bi-monthly use of water furnished by the City to such user’s residence does not exceed 1,100 cubic feet during any billing period, shall be eligible for a 15% discount for water and sewer usage. Users who are eligible for the discounts provided by this Section shall file an application, in a form approved by the City Manager, with the City’s Finance Department. 19A-12 Rate Agreements. No provision of this Chapter shall be construed as preventing any special agreement between the City and any industrial or commercial user pertaining to water service rates and charges pertaining to service provided, however, that any such agreement shall be in writing and approved by the City Commission. 19A-13 Sewer and Water Repair Program.

19A-13.1 Repair Program. The City will budget $30,000 in the Sewer fund annually to support and m a i n t a i n t h e repair p r o g r a m . Additionally, t h e C i t y will m a i n t a i n a r e s e r v e account as restricted assets within the Sewer Fund to support the repair program. Funding options will be reviewed periodically by the City Commission to determine if the repair program funding is being maintained at an adequate level.

19A-13.2 Application of Funds. Funds collected under authority of this Section shall be used for payment of all repair costs in excess of the amount established by Chapter 6 of this Code and which the City declares to be attributable to the repair or replacement of a failing private residential sewer or water connection from the public main to the foundation wall of the private structure. The private water connection area is defined as the connection from the shut-off valve to the water meter. The private sewer connection area is defined as the connection from the sewer main to the building wall. Repair costs paid for from the Repair Fund shall not include any charges associated with the removal or replacement of any trees, shrubbery, plants, lawns, sprinkler systems or other landscaping features on public or private property, nor any expenses incurred in tunneling under and/or replacing any surface improvements such as bituminous, concrete or brick driveways, patios, sprinkler systems, gas grills, utility lines, foundations, and any other surface or subsurface improvements found on public or private property. Repair costs paid for from the Repair Fund shall include all charges associated with the removal and/or replacement of public streets, curbs and sidewalks. 19A-13.3 Charges to Owner. The owner of the sewer or water connection repaired or replaced shall be responsible for payment to the City up to the amount of costs as provided by Chapter 6 incurred for all work allowed under Section 19A-13.2. Payment shall be due prior to the initiation of any repairs or replacement. However, in cases of hardship or emergency, as determined by the City, payment shall be due within 180 days of the date of invoice. Failure to pay as required shall result in the placement of a lien upon the premises served by the service. 19A-13.4 Maintenance. All private residential sewer and water connections shall remain the sole responsibility of the property owner with regard to maintenance, reaming, cleaning and all other related maintenance required for normal operation. All connections which lie behind foundation walls (and/or building lines) and all connections which are located between foundations and/or buildings shall remain the responsibility of the property owner.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-4

19A-13.5 Qualification. Any residential property owner who wishes to file a claim under this Section shall file an application on the form provided by the City, sign a release provided by the City authorizing right of entry onto the affected property for purposes of making repairs, and make payment of the full amount of the deductible or execute a payment agreement. No property owner is eligible for the benefits of this Section if sewer and water charges for the subject account are more than 30 days delinquent when the application is filed. 19A-13.6 Special Provisions. All work performed under authority of this Section shall be in accordance with the provisions of the State Plumbing and miscellaneous standards as approved by the City. No claim for the repair or replacement of a sewer or water connection will be honored unless the repairs or replacement has been authorized and approved by the City. 19A-13.7 References to City Manager. All references in this Chapter to “City Manager” shall mean the City Manager of the City or the City’s Manager’s designee.

19-1 GENERAL PROVISIONS

19-1.01. Purpose and Scope A. 1. The purposes of this Chapter include, but are not limited to, the following:

To establish uniform requirements for discharges by all users to the City of Three

Rivers Publicly Owned Treatment Works (“POTW”), and to enable the City to comply with applicable State and Federal laws as required by the Federal Water

Pollution Control Act (also known as the “Clean Water Act”), as amended, 33 USC

1251, et seq.; the General Pretreatment Regulations (40 CFR Part 403); Part 31 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.3101 et seq., as

amended (“Water Resources Protection”); and the rules, Michigan Administrative Code, R 323.2301 et seq., as amended, promulgated pursuant to Sections 3103, 3106

and 3109 of Part 31 of Act 451 of the Public Acts of Michigan of 1994, as amended.

2.

To prevent the discharge of pollutants into the POTW that do not meet applicable pretreatment standards and requirements; that could interfere with the operation of

the POTW; that could pass through the POTW into the receiving waters or the atmosphere, the environment, or otherwise be incompatible with the POTW; that

could inhibit or disrupt the POTW’s processing, use, or disposal of sludge; that could cause health or safety problems for POTW workers; or that could result in a

violation of the City’s NPDES permit or of other applicable laws and regulations.

3.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the POTW.

4. To regulate the discharge of wastewater and/or pollutants to the POTW and to enforce the

requirements of this Chapter through the issuance of permits and through other means as provided by this Chapter.

5. To authorize and require all inspection, monitoring, reporting and enforcement activities as

necessary to insure compliance with applicable pretreatment standards and requirements and other applicable laws and regulations.

6. To provide for the equitable distribution and recovery of costs from users of the POTW

sufficient to administer regulatory activities and to meet the costs of the operation, maintenance, repair, replacement, and improvement of the POTW.

B. This Chapter applies to any person, whether located within the City or outside the City that discharges to

the POTW.

C. This Chapter also applies to any person owning, using, constructing or maintaining any private system or facility intended or used for the disposal of sewage or wastewater within the City or under the City’s jurisdiction.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-5

D. Any other local unit of government that discharges into the POTW (or that has users or premises that

discharge into the POTW) shall, as a condition to discharge:

1. Adopt, and to keep continually in force and up-to-date, an ordinance that, except as specifically provided by this subsection, shall be identical to the sewer use and pretreatment regulations as provided by this Chapter (and as this Chapter is amended from time to time by the City). The ordinance adopted by the local unit shall expressly designate, empower and authorize the City to act as the agent and representative of the local unit for purposes of administering and enforcing the local unit’s ordinance within the local unit. This shall include, but shall not be limited to, the power and authority of the City, as deemed necessary by the City, to immediately and independently investigate, enforce, and prosecute (administratively or judicially, and civilly or criminally) any violation of the local unit’s ordinance or of any notice, order, permit, decision or determination promulgated, issued or made by the City Manager under this Chapter or the local unit’s ordinance, and to otherwise implement the requirements of this Chapter and the local unit’s ordinance. The only other deviations and differences permitted between this Chapter and the local unit’s ordinance shall be those that reflect the fact that the local unit’s ordinance is being adopted as an ordinance by the Local Unit, and any other deviations or differences that are approved in advance by the City.

2. Enter into an inter-jurisdictional agreement with the City that allows the City, as the designated

control authority for the POTW, to implement and enforce its industrial pretreatment program, including this Chapter, with regard to users throughout the City’s service area and regardless of jurisdictional or political boundaries.

E. It shall be unlawful for any person to discharge any wastewater or pollutant to the POTW or to any storm

sewer or natural outlet within the City or in any area under the jurisdiction of the City, except in accordance with the provisions of this Chapter and other applicable laws and regulations.

F. If any user discharges or proposes to discharge wastewaters or pollutants that are prohibited or

limited by this Chapter, the City may take any action as provided by this Chapter or other applicable laws or regulations to assure and require compliance with the provisions of this Chapter.

19-1.02 Definitions. Unless the context specifically indicates otherwise, the following terms shall have the following meanings as used in this Chapter:

“Act” means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC. 1251, et seq. “Alternative FOG Pretreatment Technology” or “AFPT” means a device to trap, separate, and hold FOG from wastewater and prevent it from being discharged into the POTW, other than an outdoor FOG interceptor. “Authorized Representative.” When used in reference to a Nondomestic User, “authorized representative” means as follows: A. If the user is a corporation, a responsible corporate officer. “Responsible corporate officer” means: (i) a

president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long- term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or proprietorship, a general partner or proprietor, respectively. C. If the user is a federal, state or local governmental entity, the principal executive officer, ranking elected official, or director having responsibility for the overall operation of the discharging facility. D. A duly authorized representative of an individual designated in (A), (B) or (C) above, if the representative

is responsible for the overall operation of the facilities from which the discharge to the POTW originates.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-6

(1) To be considered “duly authorized,” the authorization must be made in writing by an individual designated in (A), (B) or (C) above. The authorization must specify either an individual or a position having responsibility for the overall operation of the facility (such as the position of plant manager, operator of a well or well field, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company or entity). The written authorization must be submitted to the City Manager prior to or together with any reports to be signed by the authorized representative.

(2) If an authorization under (D)(1) above is no longer accurate because a different individual or

position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company or entity, a new written authorization must be submitted to the City Manager prior to or together with any reports to be signed by the newly authorized representative.

“Best Management Practice” or “BMP” means any practice, program, procedure, control, technique or measure (used singularly or in combination), that a user is required to adopt or implement to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances to the POTW, as determined necessary by the City Manager. BMPs include, but are not limited to: schedules of activities; pollution treatment practices or devices; prohibitions of practices; good housekeeping practices; pollution prevention, minimization and reduction measures; educational practices and programs; maintenance procedures; other management programs, practices or devices; treatment requirements; notice, reporting, and record-keeping requirements; and operating procedures and practices to control or contain site runoff, spillage or leaks, batch discharges, sludge or water disposal, or drainage from product and raw materials storage. BMPs may be structural, non-structural, or both. In determining what BMPs will be required of a user in a particular case, the City Manager may consider all relevant technological, economic, practical, and institutional considerations as determined relevant and appropriate by the City Manager, consistent with achieving and maintaining compliance with the requirements of this Chapter and other applicable laws and regulations. “BOD” (denoting Biochemical Oxygen Demand) means the quantity of dissolved oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees C., expressed in milligrams per liter. “Building Drain” means that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to a building sewer. The building drain shall be deemed to begin 5 feet outside the inner face of the building wall. “Building Sewer” means the extension from the building drain to the public sewer or other place of disposal (such as a grinder pump). The Building Sewer shall be deemed to begin 5 feet outside the inner face of the building wall. “Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment process or facility needed for compliance with pretreatment standards or requirements. “Categorical Pretreatment Standard” or “Categorical Standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act, 33 USC 1317, which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. “Categorical User” means a user subject to a categorical pretreatment standard. “Cesspool” means an underground pit into which domestic waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed. “CFR” means Code of Federal Regulations.

“Chemical Oxygen Demand” or “COD” means a measure of oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand. Also known as oxygen consumed (OCR) and dichromate oxygen consumed, respectively. “City” means the City of Three Rivers, St. Joseph County, Michigan, or the City’s authorized representatives. “City Manager” means the City Manager of the City or the City’s Manager’s designee, including, but not limited to, the WWTP Director.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-7

“Compatible Pollutant” means a pollutant that, as determined by the City Manager, is susceptible to effective treatment by the POTW as designed, and which will not interfere with, or pass through, the POTW, and which is otherwise not incompatible with the treatment processes or in excess of the capacity at the POTW. The term “compatible” is a relative concept that must be determined on a case-by-case basis. In determining whether or not a pollutant is compatible with the POTW, the City Manager may consider, without limitation, the nature and qualities of the pollutant, and the concentration, mass, and flow rate at which the pollutant is (or is proposed to be) discharged. Thus, for example, even pollutants such as BOD, fats, oils or grease, phosphorous, suspended solids, and fecal coliform bacteria, which may typically be considered “compatible,” may be determined incompatible by the City Manager if discharged in concentrations or flows that would cause interference or pass through or exceed the POTW’s capacity. Specifically excluded from the definition of compatible pollutant are “heavy” metals, PCBs, and any pollutants that will likely contribute or cause operational or sludge disposal problems or unacceptable discharges to the receiving waters. “Composite Sample” means a series of individual samples, collected on a flow or time proportional basis, taken at regular intervals over a specific time period and combined into a single sample (formed either by continuous sampling or by mixing discrete samples) representative of the average stream during the sampling period. For categorical sampling, a composite sample shall consist of at least four (4) individual samples taken within a 24-hour period. “Cooling Water” means water used for cooling purposes only, including both contact and non- contact cooling water.

“Cooling Water (contact)” means water used for cooling purposes only that may become contaminated or polluted either through the use of water treatment chemicals (such as corrosion inhibitors or biocides) or by direct contact with process materials and/or wastewater. “Cooling Water (non-contact)” means water used for cooling purposes only that has no direct contact with any raw material, intermediate product, final product, or waste, and that does not contain a detectable level of contaminants higher than that of the intake water (for example, the water discharged from uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat). “County Health Department” means the Branch-Hillsdale-St. Joseph Communi ty Health Agency or its successor agency. “Daily Maximum” means the maximum discharge of pollutants or flow (expressed in terms of concentration, mass loading, pounds, gallons or other unit of measurement) that shall not be exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day (except pH and dissolved oxygen). Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged during the day. If a composite sample is required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a single calendar day shall be based on the composite sample collected for that parameter on that calendar day. If grab samples are required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a calendar day shall be based on the average of all grab samples collected for that parameter on that calendar day (except pH and dissolved oxygen). If only one grab sample is collected for a parameter on a given day, the determination whether the daily maximum limitation for that parameter has been exceeded for the day shall be based on the results of that single grab sample. “Days” means, for purposes of computing a period of time prescribed or allowed by this Chapter, consecutive calendar days. “Dilute” means to weaken, thin down or reduce the concentration of pollutants in wastewater. “Discharge” means the introduction of waste, wastewater, effluent, or pollutants into the POTW, whether intentional or unintentional, and whether directly (such as through an approved sewer connection or other approved discharge point as authorized by this Chapter) or indirectly (including, but not limited to, sources such as inflow and infiltration). “Domestic Septate” means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic waste. Domestic septate does not include liquid or solid material removed from a septic tank, cesspool, or similar facility that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant waste.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-8

“Domestic Treatment Plant Septate” means biosolids generated during the treatment of domestic waste in a treatment works and transported to a receiving facility or managed in accordance with a residuals management program approved by the MDEQ. “Domestic User” means a user that discharges only segregated normal strength domestic waste into the POTW. “Domestic Waste” means wastewater (or water-carried waste) of human origin generated by personal activities from toilet, kitchen, laundry, or bathing facilities, or by other similar facilities used for household or residential dwelling purposes (“sanitary sewage”). Domestic waste shall not include any waste resulting from industrial or commercial processes, including, without limitation, any hazardous or toxic pollutants. Wastes that emanate from sources other than residential dwelling units may be considered domestic wastes only if they are of the same nature and strength and have the same flow rate characteristics as wastes that emanate from residential dwelling units, as determined by the City Manager. “Dwelling” (as in “residential dwelling”) means any structure designed for habitation, including but not limited to houses, mobile homes, apartment buildings, condominiums, and townhouses where each dwelling unit contains, at a minimum, sleeping facilities, a toilet, a bath or shower, and a kitchen. “Effluent” means wastewater or other liquid, partially or completely treated, flowing from a reservoir, basin treatment process, treatment plant, disposal facility or toilet device. “EPA” means the United States Environmental Protection Agency. “Excessive” means at such a flow, rate, magnitude or amount that, in the judgment of the City Manager, it may cause damage to any facility or the POTW; may be harmful to the wastewater treatment processes; may adversely affect the management or operation of the POTW or POTW sludge management or disposal; may cause pass through or interference; may violate any pretreatment standard or requirement; may adversely affect the quality of the receiving waters or the ambient air quality; may endanger worker health and safety; may constitute a public nuisance; may be inconsistent with the requirements, purposes or objectives of this Chapter; or may otherwise adversely impact the public health, safety or welfare or the environment. “Existing Source” means any source of discharge that is not a “new source” as defined by this Chapter “Fats” or “FOG” means fats, oil or grease consisting of any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other non-volatile material of animal, vegetable or mineral origin that is extractable by solvents in accordance with standard methods. “Flow-proportional Composite Sample” means a combination of individual samples of equal volume taken at equal intervals of flow without consideration of the time between individual samples. “Food Establishment Septage” means material pumped from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant wastes and which is blended into a uniform mixture, consisting of not more than 1 part of that restaurant-derived material per 3 parts of domestic septage, prior to land application or disposed of at a receiving facility. “Food Service Establishment” or “FSE” means any premises where food or beverages are prepared and served or consumed, whether fixed or mobile, with or without charge, and whether on or off the premises. FSEs shall include, but are not limited to, restaurants, hotels, taverns, bars, rest homes, schools, factories, institutions, camps, grocery stores with onsite food preparation, and ice cream parlors. The following shall not be subject to the interceptor/APT requirements under Section 19-25.100 of this Chapter except as otherwise determined necessary by the City Manager to meet the purposes and objectives of this Chapter: (a) A private residential dwelling unit where the food is prepared and served or consumed solely by the occupants of the dwelling unit; (b) a premises where the only food prepared and served or consumed is dispensed from automatic vending machines; and (c) a “Temporary Food Service Establishment” meaning an FSE operating at a fixed location for not more than 14 consecutive days in conjunction with a single event or celebration. “Footing drain” means a pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits ground water. “Garbage” means solid wastes from the storage, preparation, cooking, serving, dispensing, canning, or packaging of food, or from the growing, handling, storage, processing or sale of produce or other edible products. It is composed largely of putrescible organic matter and its natural or added moisture content.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-9

“General User Permit” means a permit issued to any user other than a Significant Industrial User as provided by this Chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements. “Grab Sample” means an individual sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes. “Grease Trap” means a device designed to separate and retain fats, oils, and grease from liquid waste and permit the liquid waste to discharge into the POTW. “Grinder Pump” means, in a grinder pump system, the device to which the building sewer connects and which grinds and pumps the sewage to the public sewer for transportation to the POTW. “Grinder Pump System” means the publicly owned grinder pump, controls and pressure discharge pipe, including all control boards, controls, floats, pumps, storage tanks and appurtenances thereto which provides the connection between the privately- o w n e d building sewer and the public sewer system.

“Hazardous Waste” means any substance discharged or proposed to be discharged into the POTW, that (1) if otherwise disposed of would be a hazardous waste under 40 CFR Part 261 or under the rules promulgated under the state hazardous waste management act (Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended); or (2) is otherwise a waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material that because of its quantity, quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or may pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, as determined by the POTW. “Holding Tank Waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. “Incompatible Pollutant” means any pollutant that is not a compatible pollutant.

“Industrial User” means any Nondomestic User that, by any means, contributes, causes or permits the contribution, introduction or discharge of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether directly or indirectly. For purposes of this Chapter, the term industrial user also includes municipalities or other units of local government that contribute, cause or permit the contribution or introduction of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether direct or indirect. “Infiltration” means any waters entering the POTW from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow. “Inflow” means any waters entering the POTW from sources such as, but not limited to, building downspouts; roof leaders; cellar, yard, and area drains; foundation and footing drains; cooling water (non-contact) discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers; catch basins; storm waters; surface runoff; street wash waters; or drainage. “Instantaneous Maximum Limit” means the maximum concentration or other measure of pollutant magnitude of a pollutant allowed to be discharged at any instant in time (independent of the flow rate or duration of the sampling event). If the concentration or other measure of pollutant magnitude determined by analysis of any grab sample, composite sample, or discrete portion of a composite sample exceeds the instantaneous maximum limit, the instantaneous maximum limit shall be deemed to have been exceeded. “Instantaneous Minimum Limit” means the lowest measure of pollutant magnitude of a pollutant allowed to be discharged at any instant in time (independent of the flow rate or duration of the sampling event). If the concentration or other pollutant magnitude determined by analysis of any grab sample, composite sample, or discrete portion of a composite sample is below the a specified instantaneous minimum limit, the instantaneous minimum limit shall be deemed to have been violated. “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources either:

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-10

A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or

B. Is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations) Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

“Lateral Sewer” means that portion of the sewer system located under the street or within the public right-of-way from the property line to the trunk line and which collects sewage from a particular property for transfer to the trunk line. (A lateral sewer is sometimes also referred to as a sewer stub or sewer lead.) “lbs/day” means pounds per day.

“Leachate” means any liquid that has percolated through or out of some substance and that liquid has been polluted or made toxic by percolating through that substance such as rubbish; a solution obtained by leaching. “Local Limit” means a specific enforceable prohibition, standard or requirement (numerical or non-numerical) on discharges by Nondomestic Users established by the POTW to meet the purposes and objectives of this Chapter and to comply with applicable state and federal laws and regulations. “May” is permissive. “MAC” means the Michigan Administrative Code. “MDEQ” means the Michigan Department of Environmental Quality) or the MDEQ’s authorized representatives. “Medical Waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, or dialysis wastes, and includes any medical or infectious wastes as defined by the MDEQ. “mg/l” means milligrams per liter. “Monthly Average” means the sum of the concentrations (or mass loadings, expressed in terms of pounds per day, or such other unit of measurement) of a pollutant divided by the number of samples taken during a calendar month. The concentrations (or loadings) that are added are single numbers for single calendar days for all days during the calendar month for which analyses are obtained (whether by the user or the POTW), but the concentrations (or loadings) may be based upon a sample or samples taken over either all or part of that day and upon single or multiple analyses for that day, as determined by the City Manager. If no samples are taken during particular months because less than monthly sampling is required for a pollutant parameter (e.g., a specified quarterly monitoring period), the monthly average for each month within the specified monitoring period shall be deemed to be the sum of concentrations (or loadings) for the monitoring period divided by number of samples taken during the monitoring period. “NAICS” or “North American Industrial Classification System” means the system of classification for business establishments adopted by the U.S. Office of Management and Budget, as amended. “Natural Outlet” means any naturally formed outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. “New Source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section provided that:

A. The building, structure, facility or installation is constructed at a site at which no other source is located;

or

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-11

B. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

C. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (B) or (C) of this Section, above, but otherwise alters, replaces, or adds to existing process or production equipment. Commencement of construction of a new source shall be determined in a manner consistent with 40 CFR 403.3(m)(3). “ng/l” means nanograms per liter. “Non-contact Cooling Water.” See “cooling water (non-contact). “Nondomestic User” means any user other than a Domestic User (i.e., any user that discharges anything other than segregated normal strength domestic waste into the POTW). The determination of whether or not a user is a “nondomestic user” shall be made by the City Manager at the City Manager’s sole discretion as determined necessary by the City Manager to achieve the purposes and objectives of this Chapter. Any user that has the reasonable potential, as determined by the City Manager, to discharge any waste other than normal strength domestic waste into the POTW, may be deemed a nondomestic user for purposes of this Chapter. For the purposes of this Chapter, and notwithstanding any other provision of this Chapter to the contrary, any local unit of government that contributes, or causes or permits the contribution or introduction of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether direct or indirect, shall be considered to be Nondomestic User. “Nondomestic User Permit” means a permit issued to a Significant Industrial User, or to such other user as determined appropriate by the City Manager, as provided by this Chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements. “Nondomestic Waste” means any wastewater (or water- or liquid-carried waste) other than domestic waste. The determination of whether or not a waste is a “nondomestic waste” shall be made by City Manager at the City Manager’s sole discretion as determined necessary by the City Manager to achieve the purposes and objectives of this Chapter. Any waste that has the reasonable potential, as determined by the City Manager, to be not entirely composed of normal strength domestic waste may be deemed nondomestic waste for purposes of this Chapter. “Normal Strength Domestic Waste” means a domestic waste flow for which the levels of pollutants (including, without limitation, BOD, TSS, ammonia nitrogen, or phosphorous) are below the surcharge levels for any parameter as established by this Chapter. Further, to be considered normal strength, the wastewater must have a pH between 6.5 and 8.5, must not exceed any local limit, and must not contain a concentration of other constituents that would interfere with POTW treatment processes. The determination of whether or not a waste stream is “normal strength domestic waste” shall be made by City Manager at the City Manager’s sole discretion as determined necessary by the City Manager to achieve the purposes and objectives of this Chapter.

“NPDES Permit” means a National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act. “Obstruction” means anything of whatever nature that impedes the flow of wastewater from the point of origination to the trunk line and anywhere else within the POTW. This includes, but is not limited to, objects, sewage, garbage, FOG, tree roots, rocks and debris of any type. “Operation, Maintenance, Repair, Replacement, and Improvement” means all work, materials, equipment, utilities, and other efforts required to operate and maintain the POTW consistent, at a minimum, with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES Permit and other applicable state and federal regulations, and includes the cost of repair, replacement, and improvement, in whole or in part.

“Outfall” means the point (or points) of discharge by a user to the POTW, approved by the POTW and specified in a User Permit.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-12

“Owner” means the owner of record of the freehold of a premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in control of a premises. “Pass Through” means a discharge that exits the POTW into waters of the State (or waters of the United States) in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit or of any requirement of applicable local, state or federal laws and regulations (including an increase in the magnitude or duration of a violation), or otherwise detrimentally impacts the receiving stream.

“Person” means any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. “pH” means the quantitative measure of acidity or alkalinity a solution, defined as the negative logarithm (base 10) of the concentration of hydrogen ions in moles/liter.

“Pollutant” includes, but is not limited to, any of the following:

A. Any material that is discharged into water or other liquid, including, but not limited to, dredged spoil,

solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.

B. Properties of materials or characteristics of wastewater, including, but not limited to, pH, heat, TSS, turbidity, color, BOD, COD, toxicity, and odor.

C. Substances regulated by categorical standards.

D. Substances discharged to the POTW that are required to be monitored by a user under this Chapter, that are limited in the POTW’s NPDES permit, or that are required to be identified in the POTW’s application for an NPDES permit.

E. Substances for which control measures on users are necessary to avoid restricting the POTW’s residuals management program; to avoid operational problems at the POTW; or to avoid POTW worker health and safety problems.

“POTW” (Publicly Owned Treatment Works). The complete sewage disposal, transportation and treatment system of the City as defined by the Act and this Chapter, including the Three Rivers WWTP, and any devices, processes and systems used in the storage, treatment, recycling or reclamation of wastewater, sewage or sludge, as well as sewers (including all main, lateral and intercepting sewers), pipes and other conveyances used to collect or convey wastewater or sewage to the WWTP, as now or hereafter added to, extended or improved. The term “POTW” shall also include any sewers outside the City that convey wastewaters to the POTW from persons who are, by contract or agreement with the City, users of the POTW. References in this Chapter to approvals, determinations, reviews, etc., “by the POTW” shall mean by the City Manager, or the City Manager’s authorized representatives. The term “POTW” may also be used to refer to the City as the municipality that has jurisdiction over the discharges to, and discharges from, the treatment works, or to the WWTP, and its designated representatives, as appropriate to the context in which the term is used. “Premises” means a lot, tract, parcel or plot of land, or a building or structure, or any part thereof, having any connection, directly or indirectly, to the POTW, or from which there is a discharge to the POTW. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes; process changes; or other means, except for the use of dilution (unless expressly authorized by any applicable pretreatment standard or requirement and the City Manager) and except for the use other means prohibited by applicable local, state, or federal laws or regulations. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings, subject to applicable requirements of local, state and federal laws and regulations.

“Pretreatment Requirement” means any substantive or procedural requirement imposed on a user related to pretreatment, other than a national pretreatment standard.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-13

“Pretreatment Standard” means any regulation containing pollutant discharge limits promulgated in accordance with Section 307(b) and (c) of the Act or Part 31 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.3101 et seq., including general and specific prohibitive discharge limits and local limits established in this Chapter pursuant to MAC R323.2303, and categorical standards. “Private Sewer Line” means any sewer service line, equipment, or facilities for the disposal of wastewater installed or located on any premises and/or within the street right-of-way that transports wastewater from the premises to the public sewer, such as the building sewer and the lateral sewer, an including any structure or facility that exists on the premises. “Private Wastewater Disposal System” means a septic tank, cesspool or similar device, or part thereof, not connected to a public sewer. “Process Wastewater” means any water that, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. “Properly Shredded Garbage or Other Solid Material” means garbage or other solid material that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the POTW (or so as to otherwise not result in interference), with no particle greater than 1/2 inch in any dimension. “Public Sewer” means a sewer in which all owners of abutting properties have equal rights, and that is controlled by public authority. “Reasonable Potential.” As used in this Chapter, a determination of “reasonable potential” by the City Manager means a determination made by the City Manager that a certain condition, state, result or circumstance exists, or is likely to exist, based upon the quantitative or qualitative factors or information deemed by the City Manager to be relevant and appropriate to the determination, consistent with the purposes and objectives of this Chapter. “Replacement” means expenditures for obtaining and installing equipment, accessories, or appurtenances that are necessary to maintain the capacity or performance during the service life of the system for which the system was designed or constructed. “Residential Dwelling” means any structure designed for habitation, including but not limited to houses, m o b i l e h o m e s , a p a r t m e n t b u i l d i n g s , c o n d o m i n i u m s , a n d t o w n h o u s e s w h e r e e a c h dwelling unit contains, at a minimum, sleeping facilities, a toilet, a bath or shower, and a kitchen. “Sanitary Sewage.” See “domestic waste.” “Sanitary Sewer” means a sewer intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, and to which storm, surface and ground waters are not intentionally admitted. “Sanitary Sewer Cleanout Septage” means sanitary sewage or cleanout residue removed from a separate sanitary sewer collection system that is not land applied and that is transported by a vehicle licensed under Part 117 of Act 451 of the Public Acts of Michigan of 1994 (MCL §§ 324.11701 et seq., as amended; “Septage Waste Servicers”) elsewhere within the same system or to a receiving facility that is approved by MDEQ. “Seepage Pit” means a cistern or underground enclosure constructed of concrete blocks, bricks or similar material loosely laid with open joints so as to allow the overflow or effluent to be absorbed directly into the surrounding soil. “Septage Waste” means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a wastewater system. Septage waste consists only of food establishment septage, domestic septage, domestic treatment plant septage, or sanitary sewer cleanout septage, or any combination of these. “Septic Tank” means a watertight receptacle receiving sewage and having an inlet and outlet designed to permit the separation of suspended solids from sewage and to permit such retained solids to undergo decomposition therein. “Service Connection” means the portion of the public sewer which extends either to or onto the parcel of land adjacent to the path of the public sewer, and includes the sewer main, tee/wye, valve, check valve, connector pipes, the sewer lead, the grinder pump system, electrical controls and connections at the electric meter (but not including the meter) and appurtenances, but not including the building sewer.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-14

“Severe Property Damage” means substantial physical damage to property, or damage to treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean an economic loss caused by delays in production. “Sewage.” See “wastewater.” “Sewer” means any pipe, tile, tube or conduit for carrying wastewater or drainage water. “Sewer Lead” means that portion of the service connection that connects to the sewer main located in the public right-of-way and extends to the property line. “Sewer rates, fees and charges” means the rates, fees and charges for use of the POTW as established from time to time by resolution of the City Commission. Such rates, fees and charges include debt service charges required to retire debts resulting from capital or other costs incurred to contract, improve, expand, repair, maintain or replace a part of the POTW and sufficient and proportionate use charges required of all users for the cost of POTW operation, maintenance, repair, replacement, and improvement. Surcharges and other rates and fees may also be charged for wastes in amounts or concentrations regarding extra treatment services or costs or as required for exceeding established limits. “Shall” is mandatory “SIC” or “Standard Industrial Classification Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget. “Significant Industrial User” or “SIU” means any user: A. Subject to categorical pretreatment standards; or B. Any other user that:

(1) discharges to the POTW an average of 25,000 gallons per day or more of process wastewater

(excluding sanitary, non-contact cooling and boiler blow-down wastewater); or

(2) contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the WWTP; or

(3) is otherwise designated by the POTW as a Significant Industrial User on the basis that the user has a

reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or because the POTW determines that a Nondomestic User Permit for the user’s discharge is required to meet the purposes and objectives of this Chapter.

The City Manager may determine that a user that meets the criteria of Subsections (B)(1), (B)(2), or (B)(3) of this definition above is not currently an SIU, if the City Manager finds that the user has no reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or that a Nondomestic User Permit is not required to meet the purposes and objectives of this Chapter. A determination that a user is not an SIU (or that a permit is therefore not required) shall not be binding and may be reversed by the City Manager at any time based on changed circumstances, new information, or as otherwise determined necessary by the City Manager to meet the purposes and objectives of this Chapter.

“Sludge” means accumulated solid material separated from liquid waste as a result of the wastewater treatment process. “Slug” means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge. “State” means the State of Michigan. The term shall include, where applicable, any administrative agency of the State having jurisdiction in the subject matter of this Chapter, including (but not limited to) the MDEQ. “Storm Sewer” or “Storm Drain” means a sewer or drain, either natural or artificial, intended to carry storm water, snowmelt, and surface runoff and drainage, but not wastewater. “Storm Water” means any flow (such as storm water runoff, snow melt runoff, and surface runoff and drainage, but excluding wastewater) occurring during or following, and resulting from, any form of natural precipitation, and is that portion of flow in excess of that which infiltrates into the soil of the drainage area.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-15

“Surcharge” means the additional charges made by the POTW for the treatment of wastewater containing pollutants in excess of specified concentrations, loadings or other applicable limits, or for other purposes specified by this Chapter. “Suspended Solids” (SS) or “Total Suspended Solids” (TSS) means solids that float on the surface of, or are suspended in, water, wastewater, or other liquids and which can be removed by laboratory filtering or other standard methods. “Time-proportional Composite Sample” means a combination of individual samples of equal volume taken at equal intervals of time, without consideration of the volume or rate of flow. “Toxic Pollutant” means any pollutant or combination of pollutants that is or can potentially be harmful to the public health, the POTW, or the environment, including, without limitation, those listed in 40 CFR 401.15 as toxic under the provisions of the Clean Water Act, or listed in the Critical Materials Register promulgated by the MDEQ, or as provided by local, state or federal laws, rules or regulations. “Trucked or Hauled Waste or Pollutants.” Any waste or wastewater proposed to be discharged to the POTW from a mobile source, including, without limitation, holding tank waste and septage waste. “Trunk Line” means the main public sewer line located under any street or within any public right-of-way that collects and transmits the sewage of the various properties served by the sewer system.

“ug/l” means micrograms per liter. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. “User” means any person who contributes, causes or permits the contribution, introduction or discharge of wastewater into the POTW, whether intentional or unintentional, and whether directly or indirectly. “User Permit” means a Nondomestic User Permit or a General User Permit. “Wastewater” means the liquid and water-carried industrial or domestic waste from residential dwellings, commercial buildings, industrial facilities, and institutions (including, without limitation, contaminated groundwater and landfill leachate), whether treated or untreated, that is contributed, introduced or discharged into the POTW. The term includes any water that has in any way been used and degraded or physically or chemically altered. “Wastewater Treatment Plant” or “WWTP” means the portion of the POTW that is designed to provide treatment (including recycling or reclamation) of wastewater, and that is commonly referred to as a POTW treatment plant. Also known as the Three Rivers WWTP. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. “Waters o f t h e S t a t e ” m e a n s a l l r i v e r s , s t r e a m s , l a k e s , p o n d s , m a r s h e s , w a t e r c o u r s e s , waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface, or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of Michigan or any portion thereof, and as otherwise specified by applicable laws and regulations. “Waters of the United States” means all waters as defined by 40 CFR 122.2 and as otherwise specified by applicable laws and regulations. “WWTP Director” means the person designated by the City to supervise the operation the POTW, including, but not limited to, the WWTP. References to “WWTP Director” shall include the Director’s authorized representatives. “Wye Branch” means a local service connection to the sewer that is made at an angle similar to a “Wye” so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.

19-2. USE OF PUBLIC SEWERS REQUIRED

19-2.01. Findings Regarding Private Sewage Disposal Facilities

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-16

The City Commission has previously found, and currently reaffirms, that the use of septic tanks, privies, privy vaults, cesspools, or similar private sewage disposal facilities, is deleterious to the health safety and welfare of the businesses, industries, governmental and charitable agencies, and residents of the City.

19-2.02. Findings Regarding Public Sewer System The City Commission has previously found, and currently reaffirms, that the health, safety and welfare of the businesses, industries, governmental and charitable agencies and residents is enhanced by the creation of a public sewer system and wastewater treatment plant, with regulation by the City of pollutants and other harmful materials according to local, state and federal standards and requirements.

19-2.03. Unlawful Deposition It shall be unlawful for any person to place, deposit or permit to be deposited, any human excrement, garbage, wastewater pollutants, or other objectionable waste, upon or below, the surface of public or private property within the jurisdiction of the City, except by discharging such wastewater into an approved connection to a public sanitary sewer where available or an approved private wastewater disposal system. 19-2.04. Discharge Prohibited Without Required Approvals, Permits, and Treatment Except as otherwise expressly permitted by local, state and federal laws and regulations, and subject to obtaining all required permits and approvals from governmental agencies (including, without limitation, the City, the MDEQ, and the U.S. EPA) and providing any required treatment, it shall be unlawful to discharge, or permit or cause to be discharged, either directly or indirectly: A. Polluted water, sewage or wastewater to any natural outlet within the City, to any waters of the State (or

waters of the United States), or to any public sewer; or

B. Unpolluted water of any kind, including, without limitation, storm water, surface water, groundwater, roof runoff, artesian well water, drainage water (surface or subsurface), industrial non-contact cooling water, air-conditioning water, swimming pool water, or unpolluted industrial process waters to any sanitary sewer. Unpolluted water may be discharged only to a sewer that is specifically designated as a storm sewer or to a natural outlet, and only if all applicable permits and approvals have first been obtained from the City and other governmental bodies or agencies, and only if not prohibited by applicable local, state or federal laws or regulations.

C. If any person drains or discharges any unpolluted water by means of conductors, eaves troughs, roof downspouts, footing drains, or otherwise, directly or indirectly, into a storm sewer, or natural outlet in violation of applicable laws or regulations, or into a sanitary sewer, the City shall order its disconnection at the property owner’s expense, and if the property owner refuses to obey the City’s order, then the City shall disconnect the connection and the costs shall be charged to the property owner.

19-2.05. Unlawful Construction Except as hereinafter provided, and unless specifically authorized by the County Health Department, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for disposal of wastewater. 19-2.06. Required Connection to Available Sanitary Sewer The owner of any house, building, structure, premises, or property used for human occupancy, employment, recreation or other purposes, situated within the City, and abutting on any street, easement, alley, or right-of-way, in which there is located, or may in the future be located, a public sanitary sewer, is hereby required, at the owner’s expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this Chapter. Compliance shall be within 180 days after a transfer of ownership occurs or when private sewage disposal facilities on the premises require major repair or replacement. 19-2.07. Waste Discharge Prohibited Except Through Approved Sewer Connection All discharges to a sewer shall be through an approved sewer connection or at another discharge point expressly approved by the POTW in accordance with this Chapter. No person shall discharge any waste or other substances into a manhole, catch basin or inlet.

19-3. PRIVATE WASTEWATER DISPOSAL 19-3.08. Private Treatment and Disposal Requirements

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-17

If a public sanitary sewer is not available under the provisions of 19-2.06, the building sewer shall be connected to a private sewage disposal system complying with all requirements of this Section, the County Health Department, and any other applicable laws and regulations of the City or the State. A. Before commencement of a private sewage disposal system, the property owner shall first apply to the

County Health Department for a soil evaluation test. If the soil evaluation test shows positive results, the property owner shall then apply to the County Health Department for a permit for installation for the proposed sewage system. The application shall include plans, specifications and other information as deemed necessary by the County Health Department. All fees for the soil evaluation test and the permit for installation shall be fully paid by the property owner to the County Health Department when and in the amounts specified by the County Health Department.

B. A permit shall not be issued for any private wastewater disposal system employing subsurface soil absorption facilities if the area of the lot is less than determined necessary by the City, the County Health Department, or the State, as applicable.

C. A permit for a private sewage disposal system shall not become final and effective until the installation is completed to the satisfaction of the County Health Department. The County Health Department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the County Health Department when the work is ready for final inspection, and before covering any underground portions. Any person receiving a permit for a private sewage disposal system from the County Health Department shall provide the City with copies of the final approved inspection report issued by the County Health Department.

D. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations and requirements of the City, the County Health Department, and the State, as applicable.

E. No septic tank, cesspool, subsurface disposal facility or another private sanitary sewer system shall be permitted to discharge to any public sewer or natural outlet.

F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

19-3.09. Additional Public Health Requirements Nothing in this Section shall be construed to interfere with any additional requirements that may be imposed by the City, the Michigan Department of Public Health, or any other governmental agency. 19-3.10. Public Sewer Becomes Available At such time as a public sewer becomes available to a property served by a private sewage Disposal system, as provided in Section 19-2.06, a direct connection shall be made to the public. sewer in compliance with this Chapter at the user’s sole expense; and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of any sludge, abandoned, and filled with clean bank-run gravel or dirt, at the user’s sole expense.

19-4. BUILDING SEWERS AND CONNECTIONS

19-4.11. Permit Required No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any part or appurtenance of the sanitary sewer system without first obtaining a written building sewer connection permit from the City. 19-4.12. Right-Of-Way Construction Permit; Building Sewer Connection Permits; Connection Charges, Tap-In Fees, and Inspection Fees; Plumbing Permits; Street Openings The property owner or the owner’s agent shall make application for a right-of way construction permit o n a f o r m f u r n i s h e d b y t h e B u i l d i n g O f f i c i a l . The p e r m i t a p p l i c a t i o n s h a l l b e supplemented by any plans, specifications or other information determined necessary and appropriate by the Building Official. Before connecting to the sewer system, the property owner or the owner’s agent shall also first obtain a connection permit from the Building Official and pay to the City Treasurer, at the time of application, the required Capital Connection Charges and tap-in fees as provided by Section 19A-7 of this Code, and an inspection fee in the amounts as prescribed by the City from time to time.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-18

A plumbing permit is also required. If a street opening is required to make the lead connection, an additional attachment to the permit application must be completed. If the plans and specifications are approved by the Building Official, a temporary construction permit shall be issued, subject to a final inspection and approval by the Building Official when construction is completed and ready for connection with the public sewer.

19-4.13. Performance Bonds; Insurance A. Before any permit is issued by the City for excavating for plumbing or drain laying in any public street, way,

or alley, the person applying for the permit may be required to execute and deposit with the City a performance bond with corporate security in the amount of due care and skill, and in accordance with the laws, rules, and regulations established by the City pertaining to sewers and plumbing. This bond shall state that the person will indemnify and save harmless the City and the owner of the premises against all damages, costs, expenses, outlays, and claims of every nature and kind arising out of mistake or negligence on the person’s part in connection with plumbing, sewer line connection, or excavating for plumbing or sewer connection as prescribed in this Section. The bond shall remain in force and must be executed for a period of one year, except that, upon expiration, it shall remain in force as to all penalties, claims, or damages that may have accrued thereunder prior to the expiration.

B. The person applying for the permit shall also provide public liability insurance for the protection of the

City, the property owner, and all persons, to indemnify them for all damages c a u s e d b y a c c i d e n t s a t t r i b u t a b l e t o t h e w o r k , w i t h m i n i m u m l i m i t s o f $1,000,000.00 f o r o n e p e r s o n , $ 500,000.00 f o r b o d i l y i n j u r i e s p e r a c c i d e n t , a n d $250,000.00 for property damages.

19-4.14. Multiple Buildings; Separate Uses within Buildings A separate and independent building sewer shall be provided for each building. However, if any existing building is located on an interior lot so that a separate, independent building sewer is not available for the building, and one cannot be constructed to the building through an adjoining alley, courtyard or driveway, more than one building may be served with the same building sewer, subject to approval by the City Manager. In areas where laterals have not been made, or where unusual lot splits have occurred, leaving only one lateral for two properties, joint use of this lateral may be approved by the City Manager with the connection to the City sewer being allowed if determined consistent with the purposes and objectives of this Chapter by the City Manager. Independent building sewers and/or control manholes may also be required for separate uses within a building, as determined necessary by the City Manager. All discharge limits contained in this Chapter shall apply to that portion of the lateral emanating from a single building or from each separate use within a building, as applicable. Compliance with pretreatment standards or local discharge limits prescribed by this Chapter shall be determined based on each separate discharge to the common lateral prior to commingling with discharges from other sources. 19-4.15. Existing Building Sewers Old building sewers may be used in connection with new buildings only if they are found, on examination and test by the City Manager to meet all requirements of this Chapter and other applicable laws and regulations. If an inspection by the City reveals that a connection may create a health or environmental hazard, nuisance, or otherwise inconsistent with the purposes and requirements of this Chapter, the building sewer shall be reconstructed or repaired at the owner’s expense.

19-4.16. Construction Specifications The pipe size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes, or other applicable rules and regulations as specified and determined by the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials (ASTM) and the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply. All newly constructed building sewers shall have a properly sized cleanout at the head of said sewer that is accessible at all times. This cleanout shall allow access of sewer cleaning equipment of a size equivalent to the size of the building sewer. 19-4.17. Building Sewer Elevation and Location Whenever possible, the building sewer shall be brought to the buildings at an elevation below the basement floor. No building sewer shall be laid parallel to, or within three feet of, any bearing wall that might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade. The line shall be straight or laid with properly curved pipe and fittings. Changes in direction shall be made with no less than a forty- five-degree bend. Each bend of forty-five degrees or more shall have an accessible cleanout. All

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-19

excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City. Pipe laying and backfill shall be performed in accordance with current ASTM specifications, except that no backfill shall be placed until the City has inspected the work. 19-4.18. Floor Drains; Backwater Valve Devices Floor drains connected to the building sewer shall be required for all basements or cellars if the elevation of the public sanitary sewer will service the building. All required floor drains shall have check valves or backflow preventers that meet current laws and regulations as determined by the City. 19-4.19. Low Building Sewers In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by artificial means and discharged to the building sewer, at the owner’s expense, and subject to approval by the City. 19-4.20. Connection Specifications The connection of the building sewer into the sanitary sewer system shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications, which shall require that the connections shall be made gas-tight and watertight. All connections and joints, and any deviation from the prescribed procedures and materials, must be approved by the City before installation. The connection of the building sewer into the public sewer shall be made at the wye branch designated for the property if such branch is available at a suitable location. Any connection not made at the designated wye branch in the main sewer shall be made only as directed by the City. 19-4.21. Notification; Building Sewer Inspection The applicant for the building sewer connection permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City. 19-4.22. Protection and Restoration All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City at the expense of the owner. 19-4.23. Capacity Required Connection to a public sewer will not be allowed unless there is capacity available (in both wastewater volume and strength) at the WWTP and in all downstream sewers, pump stations, interceptors, and force mains, including, but not limited to, adequate capacity to accept, treat and dispose of BOD, TSS, or similar materials as required by applicable local, state or federal laws, rules or regulations, as determined by the POTW.

19-4.24 Connection to Sources of Runoff Prohibited No person shall connect (or allow to remain connected) roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer. Any such connection shall be permanently disconnected at the sole expense of the owner of the premises. 19-4.25. Pretreatment of Any Discharge May Be Required Pretreatment of any discharge to the public sewer, including, but not limited to, grease, oil, and sand interceptors, shall be provided when, in the opinion of the City Manager, they are necessary.

19-5. CONDITIONS OF SERVICE 19-5.26. Responsibilities and Liabilities For Private Sewer Lines A. All costs and expenses incident to the installation, connection, maintenance, and repair of a building sewer,

lateral sewer, and any other private sewer lines shall be borne solely by the property owner. Further, the property owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of any private sewer line.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-20

B. The City or a contractor hired or approved by the City shall construct any needed lateral sewer from the trunk line to the property line. The property owner shall pay all costs of such construction, including costs to construct any portion of the lateral within the public right-of-way.

C. The property owner shall maintain, clean and repair any private sewer lines on the property at the property owner’s expense as necessary to keep the private lines free and clear of obstructions and in good working order, and shall maintain and keep clear of obstructions the lateral sewers servicing the property.

D. The City shall maintain, clean, and repair as necessary and at the City’s expense the sewer trunk

lines, but shall not be responsible for cleaning, maintenance, repair of, or liability for, private sewer lines, including, but not limited to, the building sewer and the lateral sewer.

E. If there is a dispute as to whether needed maintenance, cleaning, or repair of a portion of sewer line is the responsibility of the property owner or the City under the provisions of this Chapter, it shall be the duty of the property owner to establish that the obstruction, disrepair, or defect has occurred in that portion of the public sewer for which the City is responsible. If the property owner fails to establish the City’s responsibility, it shall be the property owner’s responsibility to perform the necessary cleaning, maintenance, and repair as provided in this Chapter. If the City’s responsibility is established, the City shall perform the necessary cleaning, maintenance, or repair and shall reimburse the property owner for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the City’s responsibility.

F. Any property owner who violates the provisions of this Chapter shall be liable to the City for all costs, expenses, and damages incurred by the City in correcting the problem. Further, if any property owner fails to maintain a private sewer line as required by this Chapter, in addition to the other penalties prescribed, the private sewer may be declared a public nuisance by the County Health Department and the problem may be corrected by the City. Any costs so incurred by the City shall be assessed against the property and become a lien on the property if not timely paid.

19-5.27. Water Meters All users shall have meters on all water sources that ultimately discharge into the POTW or shall meter the liquid wastes at the point of discharge into the POTW, as determined necessary and appropriate by the City Manager. All meters shall be approved by the City. 19-5.28. Disruption of Service The City shall not be held responsible for claims made against it by reason of the breaking of any sewer or service laterals, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption. 19-5.29. Service Inspections All premises receiving sanitary sewer service shall at all times be subject to inspection by duly authorized personnel of the City.

19-6. REGULATION OF DISCHARGES TO THE POTW 19-6.30. Discharge Prohibitions No person shall discharge to the POTW except in compliance with this Chapter. The general discharge prohibitions under Section 19-6.30(A) and the specific discharge prohibitions under Section 19-6.30(B) apply to every person whether or not the person is subject to any other national, state or local pretreatment standards or requirements, and whether or not the discharge is made pursuant to a User Permit issued pursuant to this Chapter.

A. General Prohibitions. No person shall contribute or cause to be contributed, directly or indirectly to the

POTW, any pollutant or wastewater that will pass through or interfere with the operation or performance of the POTW.

B. Specific Prohibitions. No person shall discharge or contribute to the POTW, directly or indirectly, a n y o f t h e p o l l u t a n t s , s u b s t a n c e s , o r w a s t e w a t e r a s p r o v i d e d b y t h i s Subsection. This Subsection sets forth the minimum requirements for a user’s discharges to the POTW. Additional or more restrictive requirements may be required of particular users by a User Permit, or as otherwise authorized or required by this Chapter or other applicable laws and regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-21

1 Concentration Limits. Except as otherwise provided by Section 19-6.30(B)(2), pollutants in concentrations that exceed the maximum concentrations (“Standard Local Limits”) listed below in this Subsection:

Parameter IM (mg/l)1 Daily Max. (mg/l)1

Arsenic --- 0.45 Cadmium --- 0.63 Chromium (T) --- 2.15 Copper --- 4.38 Cyanide --- 0.26 Lead --- 2.6

Mercury NQ2 NQ2 Molybdenum --- 0.41 Nickel --- 0.41 Selenium --- 0.45 Silver --- 0.005 Zinc --- 10.0 Toluene --- 15 BOD5 --- 3003

Phosphorous (T) --- 104

TSS --- 3505 FOG --- 100 Ammonia Nitrogen (NH3 as N) --- 4806

Notes: IM = Instantaneous Maximum Limit. T = Total

1. Discharges that contain more than one pollutant that may contribute to fume toxicity

shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrict ive discharge limits will be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge, including, without limitation, the specific compounds, if any, listed in Section 19-6.30(B) of this Chapter. Also, see Section 19-6.34, regarding application of most restrictive or additional standards or requirements under local, state, and federal laws and regulations. A user may request the City to develop alternative limits to the Standard Local Limits for specific pollutants (“Special Alternative Limits” or “SALs”) as provided by Section 19-6.30(D).

2. NQ = Non-quantifiable concentration, defined as at or below the quantification level of 0.2 ug/l using U.S. EPA Method 245.1 (or at or below other quantification levels applicable under alternative test methods required by the POTW or by other applicable laws or regulations). Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user’s discharge shall be in accordance with U.S. EPA method 245.1, unless the City Manager requires U.S. EPA Method 1631 (or other appropriate method). The quantification level shall be 0.2 ug/l for Method 245.1 or 0.5 ng/l for Method 1631, unless higher levels are approved by the City Manager because of sample matrix interference. Any discharge of mercury at or above the level of quantification is a specific violation of this Chapter.

3. Any discharge of BOD in excess of 250 mg/l shall be subject to surcharge as provided by this Chapter.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-22

4. Any discharge of phosphorus (T) in excess of 6 mg/l shall be subject to surcharge as provided by this Chapter.

5. Any discharge of TSS in excess of 200 mg/l shall be subject to surcharge as

provided by this Chapter.

6. Discharges of ammonia nitrogen shall be subject to surcharge as provided by this Chapter upon establishment by the City of a surcharge threshold concentration for such discharges. The IMC and daily maximum limits listed above in this Section 19-6.30(B)(1) (or as listed elsewhere in this Chapter or in any User Permit or Order) for each pollutant parameter are the concentrations which may not be exceeded and at which enforcement begins. The surcharge threshold concentrations as specified in notes 3 through 7 (above) are the concentrations above which surcharges may be imposed. Discharges exceeding the surcharge thresholds, but which are less than the IMC and daily maximum limits (and which do not violate any other applicable prohibitions, limitations, standards, or requirements), are not violations of this Chapter, but are subject to surcharges as provided by this Chapter. All violations of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements constitute a violation of this Chapter, subject to applicable fines, penalties and other enforcement actions. In no event shall the imposition of a surcharge for a discharge that does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this Chapter.

(2) Headworks Mass Limits. In place of using the concentration limits provided in Section 19-

6.30(B)(1), the City Manager may allocate specified portions of the available total load to individual Users as provided by this Section 19-6.30(B)(2). (a) As of the effective date of this Chapter, the following total loads are available for

the following pollutant parameters: Parameter Daily Maximum Load Limit (total lbs./day) BOD5 4157* TSS 2477* Phosphorus (T) 27*

* or the maximum allowable MAIL (maximum allowable industrial loading) for this parameter approved by MDEQ.

(b) The City Manager may allocate portions of the available total load for one or more of the parameters listed above to one or more individual Users. The amounts of the load(s) allocated to each User shall be specified in the User’s User Permit, along with any conditions as determined necessary by the City Manager. Any discharge by a User in excess of the loading allocated to the User in the User Permit shall constitute a violation of the User Permit and this Chapter.

(c) Before allocating any amount of the available total load as provided by this Section,

the City Manager must determine that the proposed allocation will not cause the average composite loading of all Users discharging to the POTW to exceed the available total loading for any pollutant as provided by Section 19-6.30(B)(2)(a); will not interfere with the POTW’s ability to accept and treat wastewater as required by the POTW’s NPDES Permit and other applicable laws and regulations; and that the allocation is otherwise reasonable and appropriate under all of the circumstances.

(d) If the City Manager allocates a portion of the available total loading for some, but not all, of the pollutants listed in Section 19-6.30(B)(2)(a) to a User, any pollutants not allocated a portion of the available total loading shall be subject to the concentration limits provided by Section 19- 6.30(B)(1).

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-23

(e) The allocation of a portion of available total load for a pollutant to an individual User shall not affect the applicability of surcharges to the User’s discharge of that pollutant as provided by Section 19-6.30(B)(1).

(f) Except as otherwise expressly provided by this Section, an allocation of load for a pollutant parameter shall not affect a User’s obligation to comply with the requirements and standards of this Chapter and other applicable laws and regulations.

(g) The allocation of load for a pollutant parameter shall not convey to any person any property

rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, or any violation of local, state or federal laws or regulations. An allocation may be reviewed, reevaluated, modified, and/or revoked without notice at any time and for any reason determined appropriate by the City Manager. At a minimum, all existing allocations shall be reviewed whenever the POTW’s NPDES permit is subject to renewal.

(3) Pollutants in concentrations that exceed the maximum concentrations listed below in this

Subsection: Parameter: PCBs: The instantaneous maximum and daily maximum discharge limit for PCBs is non-detect. Except as otherwise required by the City Manager, compliance with this limit shall be determined as follows: A compliance limit of “non-detect” shall be used for instantaneous maximum and daily maximum discharge limit. Any discharge of PCBs at or above the quantification level is a specific violation of this Chapter. PCB sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user’s discharge shall be in accordance with U.S. EPA method 608. The quantification level shall be 0.1 ug/l, unless higher levels are determined appropriate by the City Manager because of sample matrix interference. Total PCBs shall be defined as the sum of the Aroclors 1016, 1221, 1232, 1242, 1248, 1254 and 1260. In addition, any detected Aroclor-specific measurements shall be reported.

(4) Any liquid, solid, gas or other pollutant (including, but not limited to, gasoline, benzene, naphtha, fuel or fuel oil) which by reason of its nature or quantity is sufficient either alone or by interaction with other substances to create a fire or explosion hazard or be injurious in any other way to persons, the POTW, or to the operation of the sewerage system, including, but not limited to, waste streams with a closed cup flashpoint of less than 140º F or 60º C using test methods specified in 40 CFR 261.21.

(5) Pollutants that may cause corrosive structural damage to the POTW, or that due to their corrosive properties are capable of causing injury to persons or POTW personnel or harm to fish, animals or the environment. Discharges that have a pH lower than 6.5 s.u. (instantaneous minimum limit) or greater than 9.5 s.u. (instantaneous maximum limit) shall not be discharged.

(6) Any solid, insoluble or viscous substance in concentrations or quantities which may cause obstruction to the flow in the POTW, may create an encumbrance to the POTW operations, or which otherwise may result in interference, including, but not limited to, grease, animal entrails or tissues, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes or tumbling and deburring stones; or any material that can be disposed of as trash.

(7) Any pollutant, including, but not limited to, oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration that may cause pass through or interference with the POTW or constitute a slug load, or is otherwise discharged to the POTW in excessive amounts.

(8) Wastewater (or vapor) having a temperature that will inhibit biological activity in the POTW or result in interference, or heat in such quantities that the temperature at any lift station or at the WWTP exceeds 104º Fahrenheit (40º C). No discharge to the POTW shall have a temperature

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-24

less than 40º Fahrenheit (4.4º C) or greater than 135º Fahrenheit (57.2º C), unless approved in advance by the City Manager.

(9) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that may cause interference or pass through.

(10) Pollutants that result in the presence of gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. This prohibition includes, but is not limited to, wastewaters which contain liquids, solids or gases that cause gases, vapors or fumes from the discharge to exceed 10% of the immediately dangerous to life and health (IDLH) concentration. Discharges that contain more than one pollutant that may contribute to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the POTW. The more restrictive discharge limits shall be calculated based on the additive fume toxicity of all compounds identified or reasonably expected to be present in the discharge.

(11) Substances that, either alone or by interaction with other substances, cause or substantially

contribute to increases in sewer gas hydrogen sulfide levels above 10 parts per million vapor (ppmv) concentration in downstream collection system lift stations, manholes or sewers. If the POTW Superintendent determines that a User’s discharge is in violation of this prohibition, the POTW Superintendent may require the User to take whatever actions are determined necessary and appropriate by the POTW Superintendent to reduce the concentration of sewer gas hydrogen sulfide levels to less than 10 ppmv.

(12) Trucked or hauled pollutants, except those introduced into the system at discharge points designated by the POTW, subject to the prior approval of the City Manager and prior issuance of a User Permit. (a) The City Manager shall determine whether to allow the discharge of trucked or

hauled pollutants based on the particular nature, character or quantity of the proposed discharge in accordance with the discharge prohibitions, limitations and requirements provided by this Section.

(b) The City Manager may impose any conditions on the discharge determined necessary to ensure compliance with this Section, including, without limitation, conditions regarding the time, place, and manner of discharge, restrictions on the quantity and quality of the discharge, and sampling requirements.

(c) The discharge shall not commence without prior notice to, and authorization from, the City Manager, and a representative of the POTW shall be present at all times during the discharge.

(d) All trucked or hauled wastes to be discharged to the POTW must be accompanied by a completed waste manifest form signed by the permittee and the hauler as provided by the minimum requirements of this Section. The permittee shall certify in writing on the manifest as to the source of all wastes in the load proposed to be discharged and that the wastes have been pretreated as required by applicable pretreatment standards and requirements. The hauler shall certify in writing on the manifest that the hauler has accepted no wastes other than those listed on the manifest. The manifest must be reviewed by the City Manager prior to commencing discharge of the load. Failure to accurately record every load, falsification of data, or failure to transmit the form to the City Manager for review prior to discharge shall constitute a violation of the permit and may result in revocation of the permit and/or the imposition of fines and penalties as provided by this Section.

(e) The permittee’s discharge of hauled wastes shall be subject to sampling by the POTW at any time, including, without limitation, prior to and during discharge. The City Manager may require the permittee to refrain from, or suspend, discharging until the sample analysis is complete.

(f) Trucked or hauled pollutants will be accepted only if transported to the POTW in compliance with state and federal hazardous waste and liquid industrial waste laws.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-25

(g) Each discharge of trucked or hauled pollutants will be accepted only after payment to the POTW of a trucked or hauled pollutant discharge fee as provided by Chapter 6. Additional fees and charges may also be assessed to cover the POTW’s administrative, consulting and legal expenses, and any additional treatment, handling or inspection expenses incurred by the POTW in connection with the discharge. Any such additional fees shall be established, paid, and collected as provided for IPP fees by Section 19-23. This discharge fee and any other fees and charges as provided by this subsection shall be in addition to surcharges that are otherwise applicable to the discharge.

(13) Wastewater with objectionable color or light absorbency characteristics that may interfere with

treatment processes or analytical determinations, including, without limitation, dye wastes and vegetable tanning solutions.

(14) Any garbage or other solid material that has not been properly shredded. (15) Solvent extractibles, including, without limitation, oil, grease, wax, or fat, whether

emulsified or not, in excess of applicable local limits; or other substances that may solidify or become viscous (with a viscosity of 110% of water) at temperatures between 32º Fahrenheit and 150º Fahrenheit in amounts that may cause obstruction to the flow in sewers or other interference with the operation of the POTW.

(16) Soluble substances in a concentration that may increase the viscosity to greater than 10%

over the viscosity of the water or in amounts that will cause obstruction to the flow in the POTW resulting in interference.

(17) Any substance that exerts or causes a high or unusual concentration of inert suspended solids, as determined by the City Manager, including, but not limited to, lime slurries, diatomaceous earth and lime residues.

(18) Any wastewater that contains suspended solids of such character, quantity or concentration that special attention is required, or additional expense incurred, to process such materials at the POTW.

(19) Any substance that exerts or causes a high or unusual concentration of dissolved solids, including, but not limited to, sodium chloride or sodium sulfate.

(20) Noxious or malodorous liquids, gases, fumes, or solids that either singly or by interaction with other wastes are sufficient to create a public nuisance, cause workplace conditions in violation of any applicable workplace health or safety standard, pose a hazard to life, sufficient to prevent entry into the sewers for maintenance and repair, or cause any hazardous or unsafe conditions for the general public.

(21) Anti-freeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, cleaning solvents, oil-based paint, water-based paint with mercury biocides and paint thinners.

(22) Any radioactive wastes or isotopes of a half-life or concentration that may exceed limits established by applicable City, state or federal laws, rules or regulations.

(23) Any pollutant that results in excess foaming during the treatment process. Excess foaming is any foam that, in the opinion of the City Manager, may interfere with the treatment process.

(24) Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard.

(25) Any hazardous waste as defined by this Chapter. (26) Any medical or infectious wastes, as defined by the MDEQ.

(27) Any substance that may cause the POTW’s effluent or any other product of the POTW such as

residues, sludges, or scums, to be unsuitable for reclamation, reuse or disposal, or otherwise interfere with the reclamation, reuse, or disposal process. In no case shall a substance discharged

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-26

to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; under the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as RCRA, and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; the Marine Protection, Research, and Sanctuaries Act; or any more stringent state or local regulations, as applicable.

(28) Any unpolluted water, including but not limited to, non-contact cooling water, air- conditioning water, swimming pool water, storm water, surface water, groundwater, roof runoff, and surface or subsurface drainage (except to a storm sewer as authorized by this Chapter and other applicable local, state, and federal laws and regulations, and subject to the prior approval of the City Manager and the MDEQ).

(29) Any contaminated groundwater or landfill leachate determined by the POTW to have a reasonable potential to adversely affect the operation of the POTW, to result in pass through or interference, or to violate any pretreatment standard or requirement.

(30) Any substance that will cause the POTW to violate its NPDES permit, the receiving water

quality standards, or associated local, state or federal laws, rules or regulations. (31) Any substance in quantities that contribute to a high chlorine demand, including, but not limited

to, nitrite, cyanide, thiocyanate, sulfite and thiosulfate. (32) Any wastewater that exceeds applicable categorical pretreatment standards, requirements

or limits prescribed by local, state or federal laws, rules or regulations. (33) Any compatible or incompatible pollutant in excess of the allowed limits as determined by

applicable local, state or federal laws, rules or regulations. (34) Any sludge, precipitate or waste resulting from any industrial or commercial treatment or

pretreatment of any person’s wastewater or air pollutants. (35) Residue (total on evaporation) in an amount that will cause obstruction to the flow in the POTW

resulting in interference. (36) Water or wastes containing substances which are not amenable to treatment or reduction by

the sewage treatment processes employed, or are amenable to treatment to only such degree that the WWTP effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(37) Any nondomestic wastewater before the POTW has approved a Notice of Intent submitted

according to Section 19-8.59. (38) Waste not typically discharged to a sanitary sewer system unless specifically authorized by

the POTW pursuant to policies and procedures established by the City and subject to limitations set forth in this Chapter.

(39) Any mass, concentration or volume of a substance in excess of the amount allowed in a

User Permit. (40) Any discharge with an average daily flow greater than 2% of the POTW’s average daily

wastewater flow, or having a rate of flow (gallons per day) greater than 10% of the POTW’s average daily wastewater flow for a period of one hour or more, except with the prior review and approval of the POTW.

(41) Any discharge with detectable levels or a fungicide or herbicide. (42) Any pollutant, substance, or wastewater that, either directly or indirectly, and either singly or

by interaction with other pollutants, has a reasonable potential to:

(a) create a chemical reaction with any materials of construction to impair the strength or durability of sewer structures;

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-27

(b) cause a mechanical action that will damage or destroy sewer structures; (c) impede or restrict the hydraulic capacity of the POTW; (d) interfere with normal inspection or maintenance of sewer structures;

(e) place unusual demands upon the wastewater treatment equipment or processes

by biological, chemical or physical means; or

(f) cause a hazard to human life or create a public nuisance.

C. Pollutant Reduction Plans. If the City Manager determines that a user has the reasonable potential to discharge any regulated pollutant (including, but not limited to, mercury or PCBs) to the POTW in quantities or magnitude that may cause interference or pass through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and objectives of this Chapter, then the City Manager may require the user to develop, submit for approval, and implement a Reduction Plan (“RP”) for the pollutant, as provided by this Section. The RP may be imposed as a condition to a User Permit, or may be required independently and even if a User Permit has not been issued to the user.

(1) At a minimum, the RP shall contain such requirements and conditions, as determined

necessary by the City Manager to ensure that the pollutant reduction efforts will be effective in achieving the goals of this Chapter (including, but not limited to, requirements and conditions regarding user source identification; best management practices; schedules of compliance; monitoring, sampling and analysis; reporting; treatment system for removal of the pollutant from the discharged wastewater; written procedures for disposal of contaminated wastes and wastewater; employee training, and on-going employee training requirements regarding pollutant related issues; elimination, if feasible, of any purchased materials containing the pollutant; and any other elements determined necessary and appropriate under the circumstances by the City Manager ).

(2) The goal of an RP shall be to maintain the amount of one or more pollutants or substances at or below the applicable discharge limits or levels, or such other goals as required by the POTW. The City Manager may, in the City Manager’s discretion, consider cost-effectiveness during the development and implementation of an RP.

(3) The City Manager may require any user to submit an RP that describes the control strategy designed to proceed toward achievement of the specified goal and shall at a minimum include, but shall not be limited to, all of the following as determined necessary by the City Manager on a case-by-case basis: a. Periodic monitoring for the pollutant in the user’s discharge. b. Periodic monitoring of the potential sources of the pollutant in the user’s discharge.

c. A commitment by the user that reasonable control measures and/or best

management practices will be implemented when sources of the pollutant are discovered. Factors to be considered by the POTW may include the following:

(i) Significance of sources. (ii) Economic considerations. (iii) Technical and treatability considerations. (iv) Such other factors as determined appropriate by the City Manager.

d. An annual status report. The report shall be sent by the user to the POTW

and shall include, at a minimum, all of the following:

(i) All RP monitoring results for the previous year. (ii) A list of potential sources of the pollutant in the user’s discharge. (iii) A summary of all actions taken by the user to reduce or eliminate the identified sources of the pollutant or substance.

(4) As determined necessary by the City Manager, the City Manager may require a user to

develop, submit and implement an RP for any pollutant or substance regulated by this Chapter.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-28

The City Manager may also modify an approved RP at any time as determined necessary by the City Manager to meet the goals and objectives of this Chapter.

(5) Failure to submit an approvable RP within the specified deadlines or to fully and timely comply with any condition or requirement of an approved RP shall constitute a violation of this Chapter, subject to the fine, penalty, and other enforcement provisions of this Chapter.

(6) Holding enforcement action in abeyance. Except as provided for in Section 19- 6.30(C)(6)(c)(iv) and (vi), if the effluent sample analysis results of a user’s discharge exceeds the applicable discharge limit, detection level, or quantification level for a pollutant, the City Manager may, in the City Manager’s sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance, subject to the terms, conditions, and requirements of this Section 19-6.30(C)(6), as follows:

a. If an approved RP is already in place: If effluent sample analysis results exceeds the

applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is already in place, then the City Manager may, in the City Manager’s

sole discretion, nevertheless allow that discharge to continue and may hold any

enforcement action regarding the prohibited discharge in abeyance for the period that the sample represents if the RP (and all terms, conditions and requirements thereof) is being fully and continually performed in good faith by the user, as determined by the City Manager, and subject to all of the requirements and conditions of Section 19-6.30(C)(6)(c).

b. If an approved RP is not already in place: If effluent sample analysis results

exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is not already in place, then the City Manager may, in the City Manager’s sole discretion, nevertheless allow that discharge to continue and may hold any enforcement regarding the prohibited discharge in abeyance, subject to all of the requirements and conditions of Section 19-6.30(C)(6)(c), and provided further as follows: The user with the non-compliant discharge shall develop and implement an RP approved by the City Manager to minimize the user’s discharges of the pollutant in question to the POTW. The RP shall meet all of the requirements of this Section 19-6.30(C).

c. The following requirements and conditions shall apply to any situation under this Section 19-6.30(C)(6) in which an enforcement action is held in abeyance as provided by this subsection (regardless of whether or not an RP was in place at the time of the non-compliance):

i The user with the non-compliant discharge shall have a POTW- accessible

point for monitoring all discharges from the user to the POTW, as approved by the POTW. All costs and expenses for and related to the installation and maintenance of this monitoring point and any required sampling devices shall be paid for solely by the user.

ii The user with the non-compliant discharge shall routinely self- monitor its discharges to the POTW for the pollutant in question using the sampling methods, procedures, preservation and handling, and analytical protocol required by the City Manager and at the frequency specified by the City Manager. All costs and expenses of this sampling and analysis shall be paid for solely by the user.

iii The POTW may collect any additional samples of the user’s discharge

as determined necessary by the City Manager, all costs and expenses to be paid for by the user.

iv If the user complies with all of the requirements and conditions for the RP as specified by the City Manager; and if the City Manager determines that all reasonable and cost-effective actions based on the economic, technical, and treatability considerations, including, but not limited to, all elements of the user’s RP, have been, and continue to be, fully and satisfactorily implemented by the user; and if the user’s discharge does not cause interference or pass

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-29

through; adversely impact the POTW, its processes or beneficial use of biosolids; cause noncompliance with applicable federal or state laws or regulations; cause the POTW to violate its NPDES permit, or otherwise fail to meet the purposes and objectives of this Chapter, then the POTW may, in its discretion, hold enforcement action in abeyance and allow the user to continue the non- compliant discharge.

v Notwithstanding any provision of this Section 19-6.30(C)(6) to the contrary, and regardless of whether a user fully complies with all requirements and conditions of this Section and/or of an approved RP, the City Manager shall have the unconditional right to prohibit and terminate any non-compliant discharge at any time and without prior notice, and to take any enforcement action in response thereto, including any enforcement action that had previously been held in abeyance under this Section 19-6.30(C)(6).

vi Notwithstanding any provision of this Section 19-6.30(C)(6) to the contrary, the City Manager shall not hold an enforcement action in abeyance as provided by this subsection for any pollutant parameter other than mercury and PCBs unless the City Manager has first obtained approval from the MDEQ to implement the requirements of this Section 19-6.30(C)(6) for the specific pollutant parameter in question.

D. Special Alternative Limits. Notwithstanding the Standard Local Limits provided by Section 19-6.30(B)(1) and the Headworks Mass Limits provided by Section 19- 6.30(B)(2), the POTW may, but shall in no case be required to, develop alternative user-specific

maximum limits for specific compatible pollutants (“Special Alternative Limits”or “SAL”), as provided by this Section 19-6.30(D).

1. Prerequisites For SAL Development. Special Alternative Limits for specific

pollutants may be developed for a user, and the resulting SAL may be implemented, subject to meeting all of the following conditions, as determined by the City Manager: a. All costs and expenses, direct and indirect, associated with developing a

SAL for a user shall be paid for by the user, including, but not limited to, the costs of reviewing the user’s request for a SAL, all studies and reports, and all monitoring, sampling and generation of data; the full value of any City staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, and actual attorney fees (including the POTW’s legal counsel and any special legal counsel), associated with developing the SAL for the user. At any time prior to or during the SAL development process, the POTW may require a user that requests the development of a SAL to post a performance bond (or other form of surety acceptable to the City Manager) sufficient to cover all costs and expenses (direct and/or indirect) that might reasonably be incurred by the POTW as a result of the user’s request, as determined necessary by the City Manager.

b. A maximum allowable headworks loading (MAHL) study has been done that is representative of the current flow and loading conditions at the POTW and that demonstrates sufficient capacity for the change in the specific pollutant. The MAHL study shall take into consideration the total load from all users and the allocation of load from the study shall be divided as determined appropriate by the City Manager.

c. Any change to the load limits resulting from the SAL shall not (1) significantly hinder the capacity of the POTW to accept additional waste from new or existing domestic or nondomestic customers; or (2) exceed the capacity of the POTW.

d. The POTW has determined that the SAL is reasonable and appropriate under all of the circumstances, and that it is consistent with the purposes and objectives of this Chapter, the POTW’s NPDES permit, and other applicable laws and regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-30

e. The proposed change to the load limits as a result of the SAL has been submitted to the MDEQ and has received MDEQ approval before implementation.

2. SAL Review Process. The process for the POTW to determine whether replacing a

Standard Local Limit with a SAL is reasonable and appropriate shall be as follows, as determined applicable by the City Manager:

a. The user shall request in writing that the POTW develop a SAL for a

particular specific compatible pollutant.

b. The POTW may review the user’s request and may require the user to submit any additional information that the POTW determines will be necessary to adequately evaluate the user’s request. This information may include, but shall not be limited to, any of the information that is required to be provided in a user permit application as set forth in Section 19-7.39 of this Chapter. If deemed necessary by the POTW, a site inspection may be required.

c. The POTW may require a review of historical data from sampling and monitoring the user’s discharge, including, but not limited to, concentration and flow data. The user may be required to update this data using any means or methods determined necessary by the City Manager. The POTW may also require a review of typical discharge concentrations and flows for similar users, and any applicable categorical standards.

d. The POTW shall review the status of the current Maximum Allowable

Industrial Loadings (“MAIL”) for the pollutant for which the SAL is being requested to determine if sufficient loading remains to accommodate all, any part, or none, of the requested SAL.

e. After the proposed SAL and associated monitoring frequency have been prepared, the POTW shall determine whether or not to approve the SAL, or to approve the SAL only subject to whatever conditions the City Manager deems appropriate.

f. If approved, or approved subject to conditions, the user may accept or

reject the SAL and associated monitoring frequency. If the user accepts the SAL, the City Manager may modify or reissue the user’s discharge permit to incorporate the SAL and associated monitoring frequency, and any other conditions or requirements as determined appropriate by the City Manager.

g. The development of a SAL or implementation of a SAL in a user’s discharge permit shall not convey to any person any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, or any violation of local, state or federal laws or regulations. A SAL may be reviewed, reevaluated, modified, and/or revoked without notice at any time and for any reason determined appropriate by the City Manager. At a minimum, all existing SALs shall be reviewed whenever the POTW’s NPDES permit is subject to renewal.

19-6.31. Pretreatment Standards and Requirements A. Compliance with applicable standards and requirements. The national categorical pretreatment

standards as established for specific industries under 40 CFR chapter I, subchapter N are hereby made a part of the requirements of this Chapter in accordance with federal and state laws and regulations, and are incorporated by reference as if fully set forth in this Chapter. A user shall comply with all categorical pretreatment standards and any other pretreatment requirements established under the Act that are applicable to that user. A user shall also comply with all other applicable pretreatment standards and requirements established under this Chapter or under state and federal laws and regulations.

B. Deadlines for compliance. Compliance by existing sources with categorical pretreatment standards shall be within 3 years of the date the standard is effective unless a shorter compliance time is specified by 40 CFR chapter I, subchapter N. Existing sources that become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of “new source.” New sources shall install and have in operating condition,

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-31

and shall start-up all pollution control equipment required to meet applicable pretreatment standards and requirements before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards and requirements.

C. Alternative categorical limits. Categorical pretreatment standards shall apply to a user subject to categorical standards, unless an enforceable alternative limit to the corresponding national categorical standards is derived using any of the methods specified in MAC R 323.2313 (regarding removal credits, fundamentally different factor variances, net/gross calculations, equivalent mass per day limitations, and combined waste stream formula alternative limitations). The use of any alternative categorical limit shall be subject to the prior approval of the City Manager. If local limits are more stringent than derived alternative categorical limits, the local limits shall control. All costs incurred by the City in determining or applying an alternative limit shall be reimbursed to the City by the user.

D. Compliance with other applicable laws and regulations. Users of the POTW shall comply with all local, state and federal laws and regulations that may apply to their discharges to the POTW, including, but not limited to, Article II, Air Pollution Control, Part 55 of Act 451 of the Public Acts of Michigan of 1994 (the Natural Resources and Environmental Protection Act).

19-6.32. Right of Revision

Notwithstanding any other provision of this Chapter to the contrary, the City reserves the right to establish more restrictive prohibitions, limitations, standards or requirements for discharges to the POTW to prevent interference or pass through, to protect the POTW, to comply with applicable federal or state laws or regulations, to comply with the POTW's NPDES permit, or as otherwise determined necessary by the City Manager.

19-6.33. OTW’s Right To Refuse or Condition Discharge

The POTW may refuse to accept, or may condition its acceptance of, all or any portion of any proposed or existing discharge to the POTW from any person, regardless of whether or not a User Permit has been issued for the discharge, if the City Manager determines that the discharge has a reasonable potential to: adversely affect the operation of the POTW; result in pass through or interference; violate any pretreatment standard or requirement; cause the POTW to violate its NPDES permit; or if the impacts of the discharge on the POTW or the POTW’s discharge are uncertain or unknown (because, for example, no local limits or headworks analysis has been conducted for particular pollutants in the discharge). If the City Manager denies any person permission to commence or continue all or any portion of a discharge to the POTW, the person shall refrain from commencing to discharge or shall immediately terminate the discharge to the POTW and shall not thereafter recommence discharge without written authorization from the City Manager. Similarly, if the City Manager denies any person permission to commence or continue all or any portion of a discharge to the POTW except subject to conditions determined necessary and appropriate by the City Manager, the person shall refrain from commencing or continuing the discharge except in full compliance with those conditions. This includes, but is not limited to, the POTW’s right to revise or revoke User Permits.

19-6.34. Most Restrictive Standards and Requirements Apply Notwithstanding any provision of this Chapter to the contrary, the most stringent or restrictive standard or

requirement applicable to a user’s discharge shall control, whether established by this Chapter, by any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this Chapter, by state laws or regulations, including the POTW’s NPDES permit, or by federal laws or regulations. Further, if state or federal laws or regulations provide for standards and requirements not covered by this Chapter that are otherwise applicable to a user’s discharge, those standards and requirements shall apply to the user in addition to those required by this Chapter, and the most restrictive of those additional standards or requirements shall control and shall be complied with by the user immediately or within the time period specified by the law or regulation.

19-6.35. Dilution Prohibited as Substitute for Treatment Unless expressly authorized to do so by an applicable pretreatment standard or requirement and subject to

the prior approval of the City Manager, no user shall ever increase the use of process water, mix separate waste streams, or in any other way attempt to dilute, thin, or weaken a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a federal, state or local standard, requirement or limitation. The POTW may impose mass limitations on Nondomestic Users that are using dilution to meet applicable pretreatment standards or requirements and in other cases where the imposition of mass limitations is appropriate. No user intending to use dilution as a substitute for treatment shall do so without the prior approval of the City Manager consistent with the requirements of this Section.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-32

19-7. USER PERMITS 19-7.36. User Permit Required A. Nondomestic User Permits. It is unlawful and prohibited for any significant industrial user (SIU), or

any other user as determined necessary by the City Manager to carry out the purposes of this Chapter, to discharge to the POTW without a Nondomestic User Permit as provided by this Section.

B. General User Permits. The City Manager may require any person other than a SIU to obtain a General User Permit to discharge to the POTW, subject to such terms and conditions as are determined necessary and appropriate by the POTW to achieve the purposes, policies and objectives of this Chapter. (1) A General User Permit may contain, but shall not be required to contain, any of the terms and

conditions that would apply to a Nondomestic User Permit issued to a SIU as provided by this Section to comply with the general and specific discharge prohibitions of this Chapter, including, but not limited to, discharge limitations, and requirements regarding sampling and monitoring; pretreatment; pollution prevention, minimization or reductions plans; accidental discharge, spill prevention, and containment requirements; flow equalization; and implementation of best management practices or a best management practices plan.

(2) To the extent determined appropriate by the City Manager on a case-by-case basis, a General User Permit issued under this Subsection shall be subject to provisions otherwise applicable to permits for SIUs. However, all General User Permits shall be non-transferable, and are subject to the permit fee and permit appeals provisions of this Chapter.

(3) It is unlawful and prohibited for any person required by the City Manager to obtain a General User Permit to discharge to the POTW without a General User Permit as provided by this Section.

(4) Failure to comply with a General User Permit issued under this Subsection constitutes a violation of this Chapter.

(5) In no case shall a General User Permit be construed to authorize the illegal discharge or otherwise excuse a violation of this Chapter.

C. Notwithstanding any provision of this Chapter to the contrary, if determined necessary by the City Manager

to achieve the goals and purposes of this Chapter, the City Manager may issue a User Permit to any person without first requiring the person to submit or complete a permit application.

D. Any violation of the terms or conditions of a User Permit is a violation of this Chapter, subject to the fine, penalty, and other enforcement provisions of this Chapter. Obtaining a User Permit shall not relieve a person of the obligation to obtain other permits or approvals that may be required by other local, state or federal laws or regulations.

E. The issuance of a User Permit shall not convey to any person any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, or any violation of local, state or federal laws or regulations.

19-7.37. Determination Of User Status A. The POTW may require any person to submit information to the POTW for its use in determining the

person’s status as a user, including, but not limited to, whether the user is a SIU, as well as to determine changes or the absence or inadequacy of changes in a user’s facilities.

B. The POTW shall notify a Nondomestic User of the POTW’s belief that the user is, or may be, a SIU.

Upon such notification, the user must complete and submit an application for a Nondomestic User Permit on a form furnished by the POTW. The failure of the POTW to so notify a Nondomestic User shall not relieve any SIU of the duty to obtain a permit as required by this Chapter.

C. Upon determination that User Permit is required, no connection to the POTW shall be made and no

discharge thereto shall occur until a permit is duly issued; provided, however, that the POTW may at its discretion issue a written authorization in place of a permit, which authorization shall be valid for a period not to exceed 60 days.

19-7.38. Permit Application Deadlines

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-33

Each user must file an application for a User Permit on the form provided by the POTW within the following deadlines:

A. Existing SIUs: Any SIU discharging into the POTW as of the effective date of this Chapter shall submit a completed permit application form to the POTW as provided by this Section within 60 days of being so directed and provided a form by the POTW.

B. Proposed New SIUs: Any SIU proposing to commence (or recommence) discharging into the POTW after the

effective date of this Chapter shall, at least 60 days prior to the anticipated date on which discharging will commence (or recommence), request a permit application form and submit the completed application to the POTW.

C. Categorical Users Subject to New Standard: A user which becomes subject to a new or revised national

categorical pretreatment standard, and which has not previously submitted an application for a permit as required herein, shall apply to the POTW for a Nondomestic User Permit within 90 days after the promulgation of the applicable national categorical pretreatment standard. The POTW may also initiate this action; however, the failure of the POTW so to do shall not relieve a user of its obligation to obtain a permit.

D. Other users: Any other user directed by the POTW to complete and submit a User Permit application shall do so

within 60 days of being so directed by the POTW and provided a form by the POTW. Any user not required to obtain a User Permit for existing discharges must apply for and receive a User Permit prior to changing the user’s discharge in such a manner that the resulting discharge would require a User Permit.

The City Manager may also require any other person to file the information required by Section 19-7.39 of this Chapter (whether or not that person is currently a user, and whether or not that person is otherwise currently discharging to the POTW, a storm sewer, or receiving waters), if the City Manager determines that there is a reasonable potential for the person to discharge to the POTW, a storm sewer, or receiving waters, whether due to an accidental spill or for any other reason. Any person directed by the City Manager to submit the required shall do so within the time frame as directed by the City Manager.

The failure or refusal of any person to submit or complete a permit application shall not in any way relieve the person from the duty to comply with a permit issued by the City Manager. In no case shall the receipt or non-receipt of a completed permit application prevent the issuance of a permit by the City Manager or relieve a person from the duty of fully complying with a permit that is issued by the City Manager.

19-7.39. Permit Application Requirements All users shall submit the information required by this Section on the User Permit application form supplied by the POTW (or attached thereto) at a level of detail and in units and terms as determined necessary by the POTW to adequately evaluate the application, accompanied by payment of a permit application review fee. A separate application and supporting documentation shall be submitted for each separate location for which a User Permit is required.

A. The name, address, and location of the facility or premises from which discharge will be made, including

the names of the owner(s) and operator(s) of the facility or premises.

B. Corporate or individual name, federal employer identification number, address and telephone number of the applicant.

C. Whether the user is a corporation, partnership, proprietorship, or other type of entity, and the name of the person(s) responsible for discharges by the user.

D. Name and title of the local authorized representative of the user who will have the authority to bind the applicant financially and legally, and who is authorized by the applicant as its agent to accept service of legal process, and the address and telephone number of such representative.

E. The Standard Industrial Classification (SIC) numbers of all processes at the location for which application is made, according to the Standard Industrial Classification Manual, as amended (or, if applicable, the North American Industrial Classification System (NAICS) designation).

F. Actual or proposed wastewater constituents and characteristics for each parameter listed in the permit application, including, but not limited to, any pollutants that are limited or regulated by any federal, state, or local standards or requirements. The information provided for such parameters shall include all of the following:

(1) Pollutants having numeric or narrative limitations as provided by this Chapter.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-34

(2) Pollutants limited by National Categorical Pretreatment Standards regulations for similar

industries. (3) For each parameter, the expected or experienced maximum and average

concentrations during a one-year period shall be provided. (4) For industries subject to National Categorical Pretreatment Standards or requirements,

the data required shall be separately shown for each categorical process waste stream and shall include all information required in Section 19-8.52(A) for a Baseline Monitoring Report.

(5) Combined waste streams proposed to be regulated by the combined waste stream formula

shall be specified.

G. For purposes of information required by the application, sampling and analysis shall be performed in accordance with the following: Procedures established by U.S. EPA pursuant to Section 304 (g) of the Act and as contained in 40 CFR 136, as amended. If 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures in U.S. EPA publication “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April 1977, and amendments or revisions thereto, or where appropriate and applicable, in accordance with any other sampling and analytical procedures approved by EPA, or as otherwise specified by the City Manager.

H. A listing and description of the following: plant activities, plant facilities, and plant processes on the premises for which the permit is being applied. Processes, which are subject to National Categorical Pretreatment Standards or requirements, shall be so designated, and identification of which pollutants are associated with each process shall be stated.

I. A listing of raw materials and chemicals that are either used in the manufacturing process or could yield the pollutants referred to in this Section. Any user claiming immunity from having to provide such information shall furnish proof of such immunity that is acceptable to the City Manager and in accordance with all applicable local, state, and federal laws and regulations.

J. A statement containing information on the spill containment and prevention of Accidental/Spill Discharges program for each of the pollutants referred to in this Section. The information provided shall include the following: (1) The approximate average and maximum quantities of such substances kept on the premises in

the form of the following: (a) raw materials; (b) chemicals; and/or (c) wastes therefrom; and (2) The containment capacity for each of the above items. The following requirements apply for purposes of the spill containment and prevention statement required by this Subsection: For raw materials, chemical solutions or waste materials that do not contain any substance on the Critical Materials Register promulgated by the MDEQ, only substances which are in a form which could readily be carried into the sewerage system and which constitute a concentration of 5% or greater on a dry weight basis in the raw material, chemical solution or waste material are required to be included in the statement. Volumes of less than 55 gallons or the equivalent need not be included unless lesser quantities could cause interference or pass through to the sewerage system. For raw materials, chemical solutions or waste materials that contain any amount of any substance on the Critical Materials Register promulgated by the MDEQ, the statement shall include the name of the substance and the expected concentration so that the City Manager can determine whether or not it may constitute a threat to the POTW if a spill occurs.

K. The name and address of each laboratory performing analytical work for the user submitting the application.

L. A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the 7 days of the week.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-35

M. Average and maximum 24 hour wastewater flow rates, including 30 minute peak wastewater flow rates, and daily, monthly and seasonal variations, if any; and a list of each national categorical process waste stream flow rate and the cooling water, sanitary water and storm water flow rates separately for each connection to the POTW, and list showing each combined waste stream.

N. A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW, storm sewer, or receiving waters;

O. A flow schematic drawing showing which connections receive each national categorical process waste stream or other process waste streams, and which connections receive storm water, sanitary water or cooling water; P. A schematic drawing showing which sewers handle each combined waste stream.

Q. Each product produced by type, amount, process or processes and the rate of production as pertains to processes subject to production-based limits under national categorical standards or requirements shall be specified.

R. Actual or proposed hours of operation of each pretreatment system for each production process.

S. A description and schematic drawing showing each pretreatment facility, identifying whether each such facility is of the batch type or continuous process type.

T. If other than potable water is used, identification of the user’s source of intake water together with the

types of usage and disposal method of each water source and the estimated wastewater volume from each source.

U. A statement certified by a qualified professional regarding whether the requirements of this Chapter and the national categorical pretreatment standards and requirements are being met on a consistent basis; and if not, what additional operation and maintenance work and/or additional construction is required for the user to comply with applicable standards and requirements.

V. A list of all environmental permits (and, if requested by the City Manager, a copy of any environmental permit) held by the user applicable to the premises for which the User Permit is being sought.

W. Whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable federal, state and local pretreatment standards and requirements. If additional O&M or additional pretreatment will be required to meet the applicable standards and requirements, then the user shall indicate the shortest time schedule necessary to accomplish installation or adoption of the additional O&M and/or pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(1) The schedule shall contain progress increments in the form of dates for the

commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (including, without limitation, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to above shall exceed 9 months, nor shall the total compliance period exceed 18 months.

(2) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between submissions of the progress reports to the POTW.

X. Any other information determined necessary by the POTW to adequately evaluate the application. To

the extent that actual data is not available for a new source, the applicant shall supply estimated or expected information.

Y. All applications (and reapplications) shall be signed and certified by an “authorized representative” of the user as defined by this Chapter.

19-7.40. Permit Issuance, Denial, or Determination that Permit not Required

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-36

A. The POTW shall evaluate the application information furnished by a user and may require additional information as necessary to complete and properly review the application. No action shall be taken by the POTW on an application (and the 120 day review period as provided by this subsection shall not begin to run) until the application is determined to be complete by the City Manager. Within 120 days after the submission of a complete application (unless the POTW and the applicant agree to extend this time period), the POTW shall either issue a User Permit subject to terms and conditions provided by this Chapter, deny the application, or determine that a permit is not required as provided by this Chapter.

B. A User Permit may be denied by the POTW:

(1) If the POTW determines that the proposed discharge, or continued discharge, will not comply with all applicable standards and requirements of this Chapter;

(2) If the user refuses, fails or declines to accept the terms and conditions of a permit as proposed to be issued by the POTW;

(3) For any reason that would support a suspension or revocation of the permit as provided by this Chapter

(4) If the POTW determines that the POTW cannot adequately or reasonably treat the user’s discharge (due to insufficient capacity, the quality or quantity of the pollutants, available POTW resources etc.);

(5) If the POTW is not satisfied that the user has not taken all reasonable steps to prevent,

minimize or reduce pollutants in the user’s discharge;

(6) To prevent the discharge of pollutants into the POTW, singly or in combination with other pollutants, for which there is a reasonable potential, as determined by the City Manager, to: (a) Not meet applicable pretreatment standards and requirements; (b) Interfere with the operation of the POTW; (c) Pass through the POTW into the receiving waters or the atmosphere; (d) Inhibit or disrupt the POTW’s processing, use, or disposal of sludge; (e) Cause health or safety problems for POTW workers; or (f) Result in a violation of the POTW’s NPDES permit or of other applicable laws and

regulations;

(7) If the POTW determines that there is not, or will not be, sufficient capacity available (in both wastewater volume and strength) for a proposed discharge in all downstream sewers, pump stations, interceptors, and force mains, including, but not limited to, adequate capacity to accept, treat and dispose of BOD, TSS, or similar materials as required by applicable local, state or federal laws, rules or regulations; or

(8) For any other reason determined by the City Manager as necessary and appropriate to protect the POTW or to meet the purposes and intent of this Chapter.

19-7.41. Permit Conditions A. User Permits shall be subject to all provisions of this Chapter and all other applicable regulations, user

charges, and fees established by the POTW. Further, User Permits incorporate by reference all provisions, regulations and requirements of the Ordinance without setting them forth in full therein.

B. Nondomestic User Permits shall at a minimum include all of the conditions required by MAC 323.2306(a)(iii). In addition, User Permits shall include any conditions determined reasonably necessary by the City Manager to prevent pass through or interference, to protect the quality of the receiving waters, to protect worker health and safety, to facilitate POTW sludge management and disposal, to protect ambient air quality, to protect against damage to the POTW, or to otherwise achieve the objectives of this Chapter, including, but not limited to, the following:

(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or

requirements for flow regulation and equalization.

(2) Limits on the average and/or maximum concentration, mass, or other measure of identified wastewater constituents or properties.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-37

(3) Requirements for installation of pretreatment technology or construction of appropriate containment devices, or similar requirements designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

(4) Development and implementation of slug discharge control plans, spill control plans, or other special conditions, including additional management practices necessary to adequately prevent accidental or unanticipated discharges.

(5) Requirements for installation, maintenance, repair, calibration and operation of inspection and sampling facilities and discharge flow monitors.

(6) Specifications for monitoring programs which shall include, but are not limited to, sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.

(7) Compliance schedules.

(8) Requirements for submission of technical reports or discharge reports. (9) Requirements for maintaining and retaining plant records relating to wastewater discharge as

specified by the POTW and affording the POTW access to those records.

(10) Requirements for notifying the POTW if self-monitoring indicates a violation as provided by Section 19-8.55 of this Chapter, and for repeat sampling and analysis as provided by Section 19-9.68 of this Chapter.

(11) Requirements for notification of any new introductions of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the POTW, including listed or characteristic hazardous waste for which the user has submitted initial notification under MAC R 323.2310(15).

(12) Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee.

(13) Requirements for notification of accidental or slug discharges, or discharges that exceed a discharge prohibition.

(14) Requirements for notification and need for prior approval from the City Manager for any proposed change in a sampling location.

(15) A statement regarding limitations on transferability of the permit. (16) A statement of the duration of the permit. (17) A statement that compliance with the permit does not relieve the permittee of responsibility

for compliance with all applicable pretreatment standards and requirements, including those that become effective during the term of the permit.

(18) Requirements for a written certification signed by the permittee that acknowledges that the permittee has read and fully understands all terms and conditions of the permit; and acknowledges that the permittee accepts all of the terms and conditions of the permit as written and accepts full responsibility for complying with the permit as approved.

(19) A statement of applicable civil and criminal penalties for violation of discharge limitations, pretreatment standards and requirements, and compliance schedules.

(20) Requirements regarding development by a user of a pollutant prevention, minimization or reduction plan (e.g., for mercury or PCBs) or requirements regarding use of best management practices to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances to the POTW, or otherwise meet the purposes, policies and objectives of this Chapter.

(21) Other conditions as determined necessary by the City Manager to ensure compliance with this Chapter and other applicable laws, rules and regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-38

If the POTW determines that a user is discharging substances of a quality, in a quantity, or in a location that may cause problems to the POTW or the receiving stream, the POTW has the authority to develop and enforce effluent limits applicable to the user’s discharge.

19-7.42. Permit Modifications A User Permit may be modified by the POTW at any time and for any reason determined necessary by the City Manager to assure compliance with the requirements of this Chapter and other applicable laws and regulations, including, without limitation, any of the following reasons: A. To incorporate any new or revised federal, state or local pretreatment standards or requirements, or

other applicable requirement of law or regulation. B. Material or substantial changes or additions to the permittee’s operations, processes, or the character or

quality of discharge that were not considered in drafting or issuing the existing permit. It shall be the duty of a user to request an application form and to apply for a modification of the permit within 30 days of any such change(s). The POTW may modify a permit on its own initiative based on its findings or upon reasonable cause to believe that any such change(s) has occurred or threatens to occur.

C. A change in any condition in the permittee’s discharge, facility, production or operations, or in the POTW,

that requires either a temporary or permanent reduction or elimination of the permittee’s discharge to assure compliance with applicable laws, regulations or the POTW’s NPDES permit.

D. Information indicating that the permitted discharge poses a threat to collection or treatment systems; the POTW’s processing, use, or disposal of sludge; POTW personnel; or the receiving waters.

E. Violation of any terms or conditions of the user’s permit.

F. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required report or notice.

G. Revision of, or a grant of a variance from, applicable categorical standards pursuant to 40 CFR 403.13. H. To correct typographical or other errors in the permit. I. To reflect transfer of the facility ownership and/or operation to a new owner or operator. J. To add or revise a compliance schedule for the permittee. K. To reflect changes or revisions in the POTW’s NPDES permit. L. To ensure POTW compliance with applicable sludge management requirements promulgated by

EPA.

M. To incorporate any new or revised requirements resulting from reevaluation of the POTW’s local limits.

N. To incorporate a request for modification by the permittee, as determined appropriate by the POTW and provided the request does not create a violation of any applicable requirement, standard, law, rule or regulation.

The permittee shall be informed of any changes in the permit at least 30 days prior to the effective date of the change, unless a shorter time is determined necessary by the POTW to meet applicable laws, to protect human health or the environment, or to facilitate an enforcement action.

19-7.43 Permit Duration A. Nondomestic User Permits shall be issued for a specified time period, not to exceed 5 years, subject

to modification, reissuance, suspension or revocation as provided by this Section. At the discretion of the POTW, a Nondomestic User Permit may be issued for a period less than 5 years and may be stated to expire on a specific date.

B. General User Permits may be issued for any time period determined appropriate by the City Manager,

subject to modification, reissuance, suspension or revocation as provided by this Section.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-39

19-7.44 Permit Reissuance A. To apply for reissuance of an existing User Permit, a user must submit a complete permit application to

the POTW accompanied by payment of an application fee at least 90 days prior to the expiration of the user’s existing permit (or at least 180 days prior to the expiration of a 5 year permit) . The application shall be submitted in a form prescribed by the POTW. It shall be the responsibility of the user to make a timely application for reissuance.

B. All User Permits issued to a particular user are void upon the issuance of a new User Permit to that

user. 19-7.45 Continuation of Expired Permits An expired User Permit will continue to be effective until the permit is reissued only if:

(a) the user has submitted a complete permit application at least 90 days prior to the expiration date of the user’s existing permit (or at least 180 days prior to the expiration date of a 5 year permit); and (b) the failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the user: provided, however, in no case may a permit continue for a period of more than 5 years from the date of issuance. In all other cases, discharge to the POTW following expiration of a permit is unlawful.

19-7.46 Permit Suspension and Revocation User Permits may be suspended or permanently revoked by the POTW for any reason determined necessary by the POTW to assure compliance with the requirements of this Chapter, the POTW’s NPDES permit, or other applicable laws and regulations, including, without limitation, any of the following reasons: A. Falsifying self-monitoring reports. B. Tampering with monitoring equipment. C. Failure to allow timely and reasonable access to the permittee’s premises and records by representatives

of the POTW for purposes authorized by this Chapter, including, without limitation, inspection or monitoring. D. Failure to meet effluent limitations. E. Failure to pay fines or penalties. F. Failure to pay sewer charges. G. Failure to pay permit fees. H. Failure to meet compliance schedules. I. Failure to comply with any term or condition of the permit, an order, the requirements of this Chapter, or

any final judicial order entered with respect thereto. J. Failure to comply with any reporting or notice requirement. K. Failure to disclose fully all relevant facts in the permit application or during the permit issuance process,

or misrepresentation of any relevant fact at any time. L. Failure to complete a wastewater survey or the User Permit application. M. As determined by the POTW, the discharge permitted by the permit has a reasonable potential to

endanger human health or the environment and the threat can be abated only by suspension or revocation of the permit.

Upon suspension or revocation of a permit, a user shall immediately terminate its discharge to the POTW and shall not thereafter recommence discharge without further authorization from the City Manager as provided by this Chapter. The POTW may reissue a revoked permit upon a showing satisfactory to the City Manager that the permittee has corrected the violation or condition that led to the revocation. A person who has had a permit revoked may apply for a new permit. 19-7.47. Limitations on Permit Transfer

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-40

A. A User Permit is issued to a specific user for discharge from a specific facility and operation and shall not be assigned or transferred or sold to a new or different owner, operator, user, discharger, facility or premises, or to a new or changed facility or operation, without the prior written approval of the POTW. If the transfer of a permit is approved, any succeeding transferee permittee must also comply with the terms and conditions of the existing permit. The POTW shall approve the transfer of a permit only if all of the following conditions are met:

(1) The transferor (permittee) shall give at least 60 days advance notice to the POTW of the proposed

transfer of the permit (unless a shorter notice period is approved to change the facility’s operations and processes; (b) identifies the specific date on which the transfer is to occur; (c) acknowledges that the transferee has read and fully understands all terms and conditions of the permit; and (d) acknowledges that the transferee accepts all of the terms and conditions of the permit as written and accepts full responsibility for complying with the existing permit if the transfer is approved.

(2) As of the date of the proposed transfer, there are no unpaid charges, fines, penalties or

fees of any kind due to the POTW from the transferor or the transferee related to use of the POTW.

(3) Except as to the identity of the new discharger (the transferee), the application materials for the permit to be transferred as originally filed by the transferor, as well as the terms and conditions of the permit itself, are completely accurate with respect to, and fully applicable to, the discharge, facilities, and activities of the transferee.

(4) The permit transfer fee as established by the POTW has been paid to the City.

B. If the transfer of a permit is approved and the permit transfer fee has been paid to the City, the POTW shall make the necessary minor modifications to the permit to show the transferee as the permittee, and a copy of the permit shall be provided to the transferee for signature and certification by the transferee as provided by Section 19-8.62 of this Chapter. The transferor (permittee) shall remain liable for any discharges to the POTW from the facility (along with any other persons actually discharging from the facility to the POTW) until a transfer of the permit has been approved as provided by this Section.

C. This Section is not intended to, and shall not be construed to, limit in any way the transfer of ownership of the property involved.

D. Any attempt to transfer a User Permit that does not comply with the requirements of this Section renders the permit void as of the date of the invalid transfer.

19-7.48 Duty to Provide Information Users shall furnish to the POTW any available information that the POTW requests to determine whether

cause exists for modifying, revoking and reissuing, or terminating a User Permit, to of any records required to be kept by a permit. The information and records requested by the POTW shall be provided by the user to the POTW within 24 hours of the request, unless an alternative time frame is specified by the POTW when making the request or unless the POTW allows additional time for the user to submit the requested information based on a showing by the user of good cause for any delay. The user’s failure to submit the requested information to the POTW within 24 hours (or within any alternate time period approved by the POTW as provided by this Section) shall constitute a violation of this Chapter.

19-7.49 Permit Appeals Except as otherwise provided by this Section, an appeal to the Wastewater Board of Appeals (“WBA”) of

any final decision made by the City Manager in connection with issuing or implementing a User Permit shall be governed by Section 19-18 of this Chapter. An appealing party must specify in its notice of appeal the action of the POTW being appealed and the grounds for the appeal. If a particular permit provision is objected to, the notice of appeal must specify the reasons for the objection, and the alternative provision, if any, sought to be placed in the permit. The effectiveness of a permit or any final decision made by the City Manager shall not be stayed pending a decision by the WBA. If, after considering the record on appeal including any statements provided by the POTW in response to the appeal, the WBA determines that a permit or any provision of a permit should be reconsidered, the WBA shall remand the matter to the City Manager for further action as determined appropriate by the WBA. Specific provisions of a permit that are remanded by the WBA for reconsideration by the City Manager shall be stayed pending further final action taken by the City Manager as required by the decision of the WBA. A decision of the WBA not to remand any matter shall be considered final administrative action for purposes of judicial review.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-41

19-7.50 Permits Not Stayed Except as otherwise expressly provided by Section 19-7.49, no action taken or request filed by any

permittee shall operate to stay the effect of any permit or of any provision, term or condition of any permit, including, without limitation, a request for permit modification, reissuance, or transfer, or a notification of planned changes or anticipated noncompliance.

19-7.51 Permit Fees User Permit fees shall be established, paid and collected as provided by this Section and 19-23.

19-8. REPORTING AND NOTICE REQUIREMENTS All users shall comply with the minimum reporting and notice requirements provided by this Section, as follows:

19-8.52 Reports By Nondomestic Users Regarding Categorical Pretreatment Standards and Requirements A. Baseline Monitoring Reports. Within 180 days after the effective date of a categorical pretreatment

standard, or 180 days after the final administrative decision made upon a category determination submission under MAC R 323.2311(2) whichever is later, an existing Nondomestic User subject to the categorical pretreatment standards and that currently discharges or is scheduled to discharge to the POTW shall submit a report to the POTW as required by MAC R 323.2310(2). At least 90 days prior to commencement of discharge, new sources, and sources that become Nondomestic Users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit the reports to the POTW as required by MAC R 323.2310(2). Any changes to the information required to be submitted by a Nondomestic User pursuant to MAC R 323.2310(2)(a) through (e) shall be submitted by the user to the POTW within 60 days of when the user becomes aware of the change.

B. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the

date for final compliance with applicable categorical pretreatment standard or, in the case of a new source, following commencement of the discharge to the POTW, any Nondomestic User subject to categorical pretreatment standards and requirements shall submit the reports to the POTW required by MAC R 323.2310(3).

C. Periodic Reports on Continued Compliance. Any Nondomestic User subject to a categorical

pretreatment standard, after the compliance date of the categorical pretreatment standard, or, in the case of a new source, after commencement of the discharge into the public sewer or POTW, shall submit the periodic reports to the POTW required by MAC R 323.2310(4). These periodic reports shall be submitted at least once every 6 months (during the months of June and December unless alternate months are approved by the POTW), unless required more frequently by the applicable pretreatment standard, by the POTW, or by the State. The reports shall include a record of all average and maximum daily flows during the prior 6 month reporting period, except that the POTW may require more detailed reporting of flows. All flows shall be reported on the basis of actual measurement unless the POTW agrees, due to cost or no feasibility, to accept verifiable estimates of the average and maximum flows estimated using techniques approved by the POTW. The combined waste stream formula may be used for reporting purposes after the initial information has been furnished to the POTW, provided there has been no change to the elements composing the combined waste stream. The results of sampling of the discharge and analysis of pollutants appearing in the report shall be cross-referenced to the related flow and mass to determine compliance with National Categorical Pretreatment Standards. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the user shall submit documentation required by the POTW or the Pretreatment Standard necessary to determine the compliance status of the user.

19-8.53 Reports Required for Nondomestic Users Not Subject to Categorical Pretreatment Standards A. All Nondomestic Users not subject to categorical pretreatment standards shall submit to the POTW

periodic reports providing information regarding the quality and quantity of wastewater and pollutants discharged into the POTW (including, without limitation, information regarding the nature, concentration (or mass), and flow of the discharge). These reports shall be based on sampling and analysis performed in the period covered by the report in accordance with the sampling, analysis and monitoring requirements provided by Section 19-9 of this Chapter (except that historical sampling data shall not be used for the periodic compliance reports required by this Section 19-8.53).

B. For Significant Industrial Users, the reports shall be submitted at least once every 6 months for the

preceding 6 months (during the months of April and October unless alternate months are specified by the POTW), unless required more frequently by the POTW.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-42

C. If required by the POTW for Nondomestic Users other than Significant Industrial Users, the reports shall be submitted at least once every 12 months for the preceding 12 months (during the month of October unless an alternate month is specified by the POTW), unless required more frequently by the POTW.

D. The reports for all Nondomestic Users shall be submitted on forms provided by (or in a format required

by) the POTW, and shall include, without limitation, the volume of wastewater; the concentration of pollutants; the names of all person(s) responsible for operating and maintaining any pretreatment equipment, pretreatment processes, or responsible for wastewater management at the user’s facilities, with a brief description of each person’s duties; information regarding materials or substances that may cause interference or pass through; and any other information deemed necessary by the POTW to assess and assure compliance with applicable discharge requirements or to safeguard the operation of the POTW.

19-8.54 Notice by User of Potential Problems All Nondomestic Users, whether or not subject to categorical pretreatment standards, shall notify the POTW

immediately by telephone of all discharges by the user that could cause problems to the POTW, including, without limitation, accidental discharges, slug loadings, discharges of a non-routine, episodic nature, non-customary batch discharge, or discharges that exceed a discharge prohibition or limitation provided by this Chapter. The notification shall include available information regarding the location of the discharge, its volume, duration, constituents, loading and concentrations, corrective actions taken and required, and other available information as necessary to determine what impact the discharge may have on the POTW. A detailed written report providing the same and any additional available information (including specifying the measures that will be taken by the user to prevent similar future discharges) shall also be provided by the user to be received by the City Manager within 5 days of the incident.

19-8.55 Notice by User of Violation of Pretreatment Standards If sampling performed by a Nondomestic User indicates a violation, the user shall notify the POTW within

24 hours of becoming aware of the violation (and shall comply with other applicable requirements provided by Section 19-9.68 regarding repeat sampling and analysis).

19-8.56 Notice by User of Changed Discharge or Change in User Status A. A Nondomestic User shall promptly notify the POTW in advance of any substantial change in the

volume or character of pollutants in its discharge, or of any facility expansion, production increase, or process modifications that could result in a substantial change in the volume or character of pollutants in its discharge.

B. For purposes of this Section, “promptly” means as soon as reasonably possible, but in no event less than 60 days before the change.

C. For purposes of this Section, “substantial change” includes, without limitation, any of the following: (1) The discharge of any amount of a pollutant not identified in the user’s permit application or

in the permit issued. (2) An increase in concentration (or degree) of any pollutant that exceeds 10% of the concentration

(or degree) for the pollutant as indicated in any report required under Section 19-8.52 or 19-8.53;

(3) An increase in discharge volume that exceeds 20% of the volume as indicated in any report

required under Section 19-8.52 or 19-8.53. (4) Any increase in the amount of any hazardous wastes discharged, including, without

limitation, the hazardous wastes for which the user has submitted initial notification under Section 19-8.57 of this Chapter.

(5) The discharge of any ground waters purged for a removal or remedial action. (6) The discharge of any pollutants that are present in the discharge due to infiltration. (7) A change in discharge that may convert a Nondomestic User into a Significant Industrial User,

or a Nondomestic User into a Categorical User. (8) A change in discharge that would cause a change in the categorical standards that apply to the

user.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-43

D. In determining whether to accept any changed discharge, or, if so, under what conditions, the POTW shall evaluate the changed discharge pursuant to the general and specific discharge prohibitions under Section 19-6.30 and other applicable provisions of this Chapter. The user may be required to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a User Permit application.

E. No user shall implement the planned changed conditions until and unless the City Manager or

his/her designee has responded to the user’s notice. F. This Section shall not be construed to authorize a discharge that exceeds a discharge prohibition or

limitation provided by this Chapter or a permit.

19-8.57 Notice By User Regarding Wastes That Are Otherwise Hazardous Any Nondomestic User that discharges to the POTW a substance that, if disposed of other than by

discharge to the POTW, would be a hazardous waste under 40 CFR Part 261 or under the rules promulgated under the state hazardous waste management act (Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended) shall notify the City Manager, the U.S. EPA Region V Waste Management Division Director, and the State hazardous waste authorities of the discharge as required by MAC R 323.2310(15).

19-8.58 Notice by User Regarding Installation of New Pretreatment Facilities Within 5 days after completing installation of new pretreatment facilities, the user shall notify the City

Manager in writing of the time and date when it intends to commence operation of the new facilities, and the identity of the person who will conduct any tests to be performed. The pretreatment facilities shall not be placed in regular operation until adequate tests have been conducted to establish that the discharges will comply with the requirements of this Chapter and other applicable laws and regulations. Upon prior written request by the City Manager, the user shall allow a representative of the POTW to observe the tests at the time they are conducted. The cost of the tests shall be paid by the user.

19-8.59 Notice of Intent A. At least 60 days before commencing or changing a discharge, each of the following persons shall

submit a Notice of Intent to the POTW for approval by the City Manager: (1) A person proposing to discharge any nondomestic wastewater not previously reported to

the POTW.

(2) A person taking possession or control of an existing facility that discharges or may discharge process wastewater into the POTW.

(3) A person constructing a new facility that will discharge process wastewater into the POTW.

(4) A person commencing or modifying a discharge of hazardous wastes that requires reporting under Section 19-8.57.

B. The Notice of Intent shall be submitted in writing on a form provided by the POTW and shall be

accompanied by a payment of any fees established by the City. It shall include sufficient information to allow the City Manager to evaluate the effect of the proposed discharge on the POTW and operations and to assure compliance with this Chapter.

19-8.60 Other Reports and Notices Required by this Section or by Other Applicable Laws and Regulations Users shall comply with all other reporting or notice requirements as provided by this Chapter, by any notice, order or permit issued under this Chapter, or as required by any other applicable law or regulation, including, without limitation, the reporting and notice requirements in connection with accidental discharge (Section 19-10), upset (Section 19-11), bypass (Section 19-12), and any other reports or notice requirements determined necessary by the POTW to assess and assure compliance with the requirements of this Chapter. 19-8.61 Requirements Applicable to All Required Reports, Notifications, and Applications All reports, notifications, and applications submitted by a user to the POTW as required by this Chapter (or by any order, permit or determination issued or made pursuant to this Chapter) shall meet the following requirements: A. All reports, notifications, applications and requests for information required by this Chapter shall be

based upon data obtained through appropriate sampling and analysis performed during the period

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-44

covered by the report, notification, application or request. The data shall be representative of conditions occurring during the applicable reporting period. If a pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative, the user shall submit documentation as required by the POTW or the applicable standard to determine compliance with the standard.

B. If a user monitors any pollutant (or measures flow) more frequently than required by this Chapter or a User

Permit, using the monitoring, sampling and analytical procedures as required by Section 19-9.63, the results of all such additional monitoring shall be included in any report or notification submitted pursuant to this Chapter.

C. The City Manager may require that reports, notifications, and other required documents and data be submitted in a standardized format, as specified by the City Manager.

D. If the POTW instead of a user collects all of the information, including flow data, required for a report required by Sections 19-8.52 or 19-8.53, the City Manager may in his or her discretion waive the requirement that the report be submitted by the user.

E. The reports, notifications, and other documents and data required to be submitted or maintained by

this Chapter shall be subject to all of the provisions as specified by MAC R 323.2310(13).

F. Written reports, notifications, and applications will be deemed to have been submitted to the POTW, unless otherwise specified by the City Manager, as follows:

1. If mailed, on the date postmarked. 2. The date of receipt of the report shall govern for reports, notifications, or applications

which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, including, but not limited to, reports, notifications, or applications that are hand-delivered, faxed, or emailed.

3. Written reports, notifications, and applications may be submitted to the POTW by fax or email (or

by any means other than mail or hand-delivery) only with the prior approval of the POTW on a case-by-case basis. The report or notification shall be sent to the fax number or email address specified by the POTW.

G. All written reports, notifications, and applications submitted by mail or hand-delivery shall be sent or

delivered to the address stated in the User Permit, or if there is no User Permit, then to the following address: City of Three Rivers WWTP 333 West Michigan Avenue Three Rivers, MI 49093 Attn: WWTP Director

H. Failure to provide the reports, notifications, and applications required by this Chapter constitutes an

independent violation of this Chapter. However, compliance with applicable reporting and notification requirements shall not relieve a user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report or notification relieve a user of any fines, penalties, or other liability that may be imposed by applicable laws or regulations. Further, the reporting and notification requirements required by this Chapter shall not be construed to authorize a discharge that exceeds a discharge prohibition or limitation under this Chapter or other applicable laws or regulations.

19-8.62 Signature and Certification Requirements All written reports, notifications, and applications required by this Chapter shall be signed and certified as follows:

A. Required Signatures. The reports, notifications, and applications shall be signed by an “authorized

representative” of the user as defined in Section 1.2 of this Chapter. B. Required Certification. The reports, notifications, and applications shall include the following

certification statement:

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-45

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

C. Exception. If the POTW elects to perform instead of the user all or any portion of the sampling or

analysis otherwise required for a report or notification, the user will not be required to comply with the certification requirements for the sampling and analysis (or portion thereof) performed by the POTW.

19-9 SAMPLING, ANALYSIS AND MONITORING REQUIREMENTS

This Section provides the sampling, analysis and monitoring requirements applicable to users of the POTW. It does not apply to Domestic Users except as may be determined appropriate in specific cases by the POTW. All users required by this Chapter (or by any permit, order, decision or determination issued or made under this Chapter) to sample, monitor and analyze their discharges to the POTW shall do so according to the minimum requirements provided by this Section. Additional or more restrictive sampling, analytical or monitoring requirements may be required for a particular user by a permit, order, decision or determination issued or made under this Chapter. 19-9.63 Sampling and Analytical Techniques and Procedures All sampling, measurements, tests, and analyses of the characteristics of discharges to the POTW shall be performed in accordance with the procedures approved by the U.S. EPA contained in 40 CFR Part 136. If, as determined by the City Manager, the sampling and analytical techniques contained in 40 CFR Part 136 are not available, do not apply to the discharge or pollutants in question, are not appropriate under the circumstances for application to the discharge or pollutants in question, or where one or more alternate techniques are available under 40 CFR Part 136, sampling and analysis shall be performed using validated sampling and analytical methods and procedures approved or required by the City Manager. 19-9.64 Sampling Frequency Users shall sample their discharges to the POTW at a frequency necessary to assess and assure compliance with the requirements of this Chapter, any permit or order issued pursuant to this Chapter, all applicable pretreatment standards and requirements, other applicable state and federal laws and regulations, or as otherwise determined necessary by the City Manager consistent with the purposes and intent of this Chapter. At a minimum, all Significant Industrial Users shall sample their effluent 2 times per year (once every 6 months) or as often as provided by their permits, whichever is more frequent, and report the results to the POTW. Each discharge point to the POTW shall be sampled and reported individually. 19-9.65 Sample Types Where representative samples are required to be taken for facilities for which historical sampling data does not exist (or if otherwise requested by the City Manager), a user shall take a minimum of 4 grab samples for pH, temperature, cyanide, phenols (T), residual chlorine, oil and grease, sulfide, and volatile organics (and any other parameters designated by the City Manager), unless a greater number of grab samples is required in advance by the City Manager. For facilities for which historical sampling data is available, or under other circumstances determined appropriate by the City Manager, the City Manager may authorize a lower minimum number of grab samples (except that historical data shall not be used for periodic compliance reports as required by Section 19-8.53). In all cases, users shall take the minimum number of grab samples determined necessary by the POTW to assess and assure compliance by users with applicable pretreatment standards and requirements. Grab samples may be required to show compliance with instantaneous minimum or instantaneous maximum discharge limits. For all other pollutants and sampling, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite s a m p l i n g or grab sampling is authorized by the POTW. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the s a m p l e s m a y b e c o m p o s i t e d i n t h e l a b o r a t o r y . Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the POTW, as appropriate. 19-9.66 Sampling Methods, Equipment and Location

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-46

A. General. A user shall use the sampling methods, sampling equipment, and sampling location specified by the user’s User Permit, or, in the absence of a permit, as otherwise required by the City Manager.

B. Contaminated groundwater. For discharges to the POTW from remedial actions related to leaking underground storage tanks or other sources of contaminated groundwater, the City Manager may require the following analyses or such other analyses as determined appropriate by the City Manager: (1) Samples shall be analyzed for benzene, ethylbenzene, toluene and xylene using the latest

methods approved by U.S. EPA.

(2) For total petroleum hydrocarbons, samples shall be analyzed according to the latest methods approved by U.S. EPA.

19-9.67 Costs of Monitoring, Sampling and Analyses All required monitoring, taking of samples, and sample analyses, whether performed by the POTW or by a user, including, but not limited to, the costs or fees associated with inspection or surveillance, shall be at the sole cost of the user. For users with more than one outfall, each outfall monitored shall be charged separately. 19-9.68 Self-monitoring A. Except as otherwise provided by this Chapter, self-monitoring shall be conducted by each Nondomestic

User to insure compliance with all applicable requirements of this Chapter and other applicable laws and regulations.

B. A user performing its own sampling shall submit the samples for analysis to a laboratory (which may

include the user’s own laboratory) approved by the POTW. C. A user performing its own sampling or monitoring shall record and maintain for all samples and

monitoring (including any sampling and monitoring associated with Best Management Practices) the date, exact location (which shall match sampling locations identified in the user’s User Permit, as applicable), time (including start time and stop time) and method of sampling or measurement, and the name(s) of person(s) taking the samples or measurements; sampler programming information; the sample preservation techniques or procedures used; the full chain-of-custody for each sample; the dates the analyses were performed and completed; who performed the analyses; the analytical techniques and methods used; the detection limits and/or quantification level used per parameter; quality assurance/quality control (QA/QC) procedures used and QA/QC data; and the results of the analyses.

D. If sampling performed by a user indicates a violation, the user shall notify the City Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation. If the POTW has performed the sampling and analysis in lieu of the user, the POTW must perform the repeat sampling and analysis unless the POTW notifies the user of the violation and requires the user to perform the repeat sampling and analysis. The user shall not be required to resample if (a) the POTW performs sampling at the user at a frequency of at least once per month, or (b) the POTW performs sampling at the user between the time when the user performs its initial sampling and the time when the user or the POTW receives the results of the sampling that indicates the violation.

E. If a user uses its own laboratory for sample analysis, the City Manager may require the user to send split samples to an independent laboratory at a frequency specified by the City Manager as a quality control check.

F. Users required to do monthly sampling shall submit sample results to the City Manager by the 10th day of the following month, unless specified otherwise in the user’s User Permit.

19-9.69 Sampling and Analyses Performed by POTW A. The sampling and analysis required by this Chapter may be performed by the POTW instead of the

user, as determined necessary by the City Manager for purposes of this Chapter. The POTW shall provide the user with copies of analytical results prepared by the POTW. If the results of any sampling and analysis performed by the POTW instead of the user show that a pretreatment standard has been violated, the POTW shall provide the user with copies of the analytical results within 10 days after the results are available.

B. If the POTW performs the required sampling and analysis for a user, the user shall pay a sampling fee to

the POTW to fully reimburse the POTW for the sampling, including administrative and overhead costs. The

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-47

POTW may contract with an independent firm to perform the sampling and analysis and the user shall fully reimburse the POTW for amounts paid by the POTW to the independent firm.

19-9.70 Split Samples and Sample Results A. If requested by the POTW, the POTW shall be provided with splits of any sample taken by a user. The

user shall provide splits to the POTW at no cost to the POTW.

B. If requested by a user prior to the collection of a sample of the user’s discharge, the POTW shall leave a portion of the sample of the discharge taken from any sampling point on or adjacent to the premises for the user’s independent analysis.

C. In cases of disputes arising over split samples, the portion taken and analyzed by the POTW shall be controlling unless proven invalid. The burden of proving the POTW’s results invalid shall be on the user and at the user’s sole cost.

19-9.71 Maintenance, Repair and Calibration of Equipment A. A user who performs self-monitoring shall contract with an independent company (unless the requirement

to use an independent company is waived in advance by the City Manager as determined appropriate by the City Manager) to maintain, repair, and calibrate the sampling and flow measurement equipment and instruments used to monitor the user.

B. The maintenance, repair, and calibration shall be performed as often as necessary to ensure that monitoring data is accurate and representative, and consistent with the accepted capability of the type of equipment used, and shall be at the sole cost of the user.

C. A user shall keep a complete and accurate written record of all calibrations, inspections and maintenance done (including, without limitation, the date and time of the activity, a description of what was done and the methods used, the names of persons conducting the activity, and any required or recommended follow-up). The record shall also include a description of all problems discovered regarding the equipment whether in response to a regularly scheduled inspection or otherwise.

D. The POTW, in any event, may inspect and test a user’s sampling and flow measurement equipment and instruments at all times.

E. In no case shall a user’s failure to keep its equipment, instruments and facilities in good working order constitute grounds for the user to claim that sample results are not representative of its discharge.

19-9.72 Required Sampling Structures and Devices A. The POTW may require any user to install suitable control structures (such as sampling manholes or

sampling vaults) and necessary measuring and sampling devices (including automatic devices) to facilitate the observation, sampling, and measurement of the quantity, composition, and concentrations of discharges to the POTW. The POTW may require the user to install control structures and measuring and sampling devices at every discharge point and/or outfall. Further, multiple separate and discrete building sewers, control structures, and measuring and sampling devices may be required for a single user, premises, building, facility or user, as determined necessary by the City Manager. The structures and devices shall be maintained at all times in a safe, clean and proper operating condition at the sole expense of the user.

B. There shall be ample room in or near the control structure to allow accurate monitoring, measuring, sampling and preparation of samples for analysis, as determined necessary by the City Manager. At a minimum, all sewers shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches in diameter and an internal diameter of no less than thirty-six 36 inches containing flow measuring, recording and sampling equipment as required by the City Manager to assure compliance with this Chapter.

C. Any temporary or permanent obstruction for safe and easy access to the facility to be inspected

and/or sampled shall be promptly removed by the user at the verbal or written request of the POTW and shall not be replaced. The costs of clearing such access shall be borne solely by the user.

D. The location and complexity of the required control structure or devices may vary with sampling requirements determined necessary by the City Manager to protect the POTW and to comply with applicable laws and regulations.

E. The required sampling structures and devices shall be constructed and installed at the user’s sole

expense in accordance with plans submitted to the POTW, and in compliance with all applicable local

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-48

construction standards and specifications. Users shall submit to the POTW plans and specifications for construction or modification of monitoring facilities at least 30 days before the proposed commencement of construction or modification. If a user constructs or modifies monitoring facilities before POTW approval or without an inspection during construction and the POTW determines that the monitoring facilities are not acceptable, then the user shall at its cost reconstruct or modify the monitoring facilities according to the requirements of the POTW. Construction shall be completed within 90 days following written notification by the POTW, or within such other shorter or longer time period specified by the City Manager as required by the particular circumstances to meet the requirements of this Chapter. The structures and devices shall be operated and maintained by the user at the user’s sole expense so as to be safe and accessible to POTW personnel at all times and so as to provide accurate and representative monitoring data. If a user fails to install or maintain a required structure or device, the POTW may do so and charge the costs to the user. No person shall use a required control structure for any purpose other than the sampling and monitoring activities specifically approved by the POTW.

F. The sampling structures and devices must be provided on the user’s premises as approved by the POTW,

but the POTW may, if it determines that such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

G. Samples shall be taken at a control structure approved by the POTW. However, in the absence of a

suitable control structure as required by this Section, samples shall be taken immediately downstream from pretreatment facilities if pretreatment facilities exist, or immediately downstream from the regulated process if no pretreatment facilities exist. If other wastewaters are mixed with a regulated process waste stream prior to pretreatment, the user must measure the flows and concentrations necessary to allow use of the combined waste stream formula under MAC R 323.2311(7) or other methods required by the POTW to evaluate compliance with applicable pretreatment standards and requirements.

H. No user shall change monitoring points or monitoring methods without first notifying and receiving the

approval of the City Manager. The City Manager shall not approve any change in a user’s monitoring point or points that would allow the user to substitute dilution for adequate treatment to achieve compliance with applicable standards.

I. A user shall allow the POTW access to all sampling and monitoring facilities as provided by Section 17(B)

of this Chapter.

19-9.73 Determination of Flow The City may use any of the following methods to determine the amount of wastewater flow discharged to the POTW from a user’s Premises, as determined appropriate by the City:

(A) If the premises are metered, the amount of water supplied to the premises by the City or a private water

company as shown by the water meter;

(B) If the premises are supplied with river water or water from private wells, the City may estimate the amount of water supplied from such sources based on the water, gas or electric supply to the Premises;

(C) If the premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be (or is not) entirely discharged to the POTW, the City may estimate the amount of wastewater discharged to the POTW based on the water, gas or electric supply to the Premises;

(D) The City may determine the amount of wastewater discharged to the POTW based on measurements and samples taken by the City from a manhole installed by the owner of the premises, at the owner’s sole expense, as required by the City under this Chapter; or

(E) The City may determine the amount of wastewater discharged to the POTW from a premises using

a combination of any of the above methods, or using any other method determined appropriate by the City.

19-10 ACCIDENTAL DISCHARGES

19-10.74 General This Section sets forth minimum requirements for Nondomestic Users (and any other users as required by the City Manager) to prepare for, respond to, and report, accidental discharges to the POTW. Additional or more restrictive requirements may be required for particular users under a User Permit, a slug control plan, or by other applicable laws and regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-49

A. Each Nondomestic User shall provide and continuously maintain protection from accidental

discharge of materials or other substances regulated by this Chapter as provided by this Section. The City may refuse to accept current or proposed discharges from any user that fails to comply with the requirements of this Section.

B. Detailed plans showing facilities and operating procedures to provide the protections required by this Section shall be submitted to the POTW for review prior to construction of the facilities. All existing users shall submit the required plans and information with their permit applications or upon request of the POTW. For new sources, facilities and operating procedures to provide the protections required by this Section shall be approved by the POTW prior to commencing discharge. No user who commences discharging to the POTW after the effective date of this Chapter shall be permitted to introduce pollutants into the system until accidental discharge facilities and procedures as provided by this Section are in place and have been approved by the POTW.

C. Facilities to prevent accidental discharge of regulated materials or substances shall be provided and maintained at the user’s cost and expense. Review and approval by the POTW of plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of this Chapter. Compliance with the requirements of this Section shall not relieve a user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, or for any other damage to persons or property, or for any other liability that may be imposed under this Chapter or under other applicable laws and regulations.

D. No change shall be made in any plan or procedure approved by the POTW as provided by this Section without the prior review and approval of the POTW.

E. All users shall notify the POTW in writing within 5 days of any change in the information required to be provided to the POTW as set forth below in this Section (including, without limitation, information regarding the person in charge of discharge operations, the description of chemicals stored, used or manufactured by the user, the description of user discharges, and the description of user premises).

19-10.75 Designation of Person in Charge of Discharge Operations Each Nondomestic User shall designate at least one person to be in charge of and responsible for the user’s discharges to the POTW, including responsibility for maintaining pretreatment facilities and operations, if any, and prevention of accidental discharges (“person in charge”). The person so designated shall be an individual with knowledge of all toxic wastes or hazardous substances routinely or potentially generated by the user, and of all process alterations that could, in any manner, increase or decrease normal daily flow or waste strength to the POTW. The names of the person (or persons) designated as provided by this Section and a phone number where the person can be reached for 24-hour contact shall be submitted by each user to the POTW. 19-10.76 Description of Chemicals Stored, Used or Manufactured by User; User Discharges; User Premises Unless the City Manager determines that all of the following information has already been appropriately provided to the POTW pursuant to other requirements of this Chapter, each Nondomestic User shall:

A. Catalog all chemicals stored, used, or manufactured by the user at the user’s premises. The list of

chemicals shall include specific chemical names (not just manufacturer’s codes) and shall be provided to the POTW.

B. Provide the POTW with a written description of the user’s discharge practices, including an estimate of

daily average flows, waste strengths, and flow types, separated according to appropriate categories including process, cooling, sanitary, etc.

C. Provide to the POTW a detailed, scaled professionally prepared drawing of the user’s plant building(s), including the location of pretreatment equipment, process and chemical storage areas, waste storage areas, floor drains located near process and storage areas, manhole or other control structures, and sewer locations at the user’s point of discharge into the POTW.

19-10.77 Segregation of Wastewaters Requiring Pretreatment Nondomestic Users shall segregate wastewaters requiring pretreatment (including, without limitation, spent concentrates, toxics, and high strength organic wastes) as necessary to prevent pollutants from interfering with or passing through the POTW. All sludges generated by pretreatment shall be used and disposed of only as permitted by applicable local, state and federal laws and regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-50

19-10.78 Secondary Containment Requirements A. Each Nondomestic User must provide and maintain at the user’s sole expense secondary spill

containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this Chapter.

B. The containment or curbing shall be sufficient to hold not less than 150% of the total process area

tank volume and not less than 150% of liquid polluting material stored or used, unless a lesser containment area or alternate control measures are approved in advance by the City Manager.

C. The containment area shall be constructed so that no liquid polluting material can escape from the area by

gravity through the building sewers, drains, or otherwise directly or indirectly into the POTW. All floor drains found within the containment area must be plugged and sealed.

D. Spill troughs and sumps within process areas must discharge to appropriate pretreatment tanks. E. Emergency containment shall also be provided for storage tanks that may be serviced by commercial

haulers and for chemical storage areas. F. Solid pollutants shall be located in security areas designed to prevent the loss of the materials to the

POTW. G. Detailed plans showing facilities and operating procedures to provide the protection required by this

Section shall be submitted to the City Manager for review, and shall be approved by the City Manager before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the City Manager.

H. No new source shall be permitted to discharge to the POTW until emergency containment

facilities have been approved and constructed as required by this Section. I. The City Manager may order a user to take interim measures for emergency containment as determined

necessary by the City Manager under the circumstances.

19-10.79 Submission of Pollution Incident Prevention Plan A. Each user required to develop a pollution incident prevention (“PIP”) plan as provided by Part 5 of the

Michigan Water Resources Commission Rules, 1979 ACR 323.1151 et seq., as amended (promulgated pursuant to Part 31 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.3101 et seq., as amended), shall submit a copy of that plan to the City Manager.

B. The PIP Plan shall be submitted to the City Manager within 60 days of the effective date of this Chapter for an existing source, or 30 days prior to the date of discharge for a new source.

19-10.80 Posting of Accidental Discharge Information All Nondomestic Users shall post a clearly legible set of instructions in the area where the user manages wastewater so that the applicable reporting and notice requirements are made known and are available to the user’s employees. In addition, all Nondomestic Users shall instruct their employees on the applicable reporting and notice requirements of this Section.

19-10.81 Notice of Accidental Discharge A. In the case of an accidental discharge, a user shall immediately notify the POTW of the incident by

telephone. B. The notification shall include the name of the person placing the call, the name of the user, and all

available information regarding the location of the discharge, its volume, duration, constituents, loading and concentrations, corrective actions taken and required, and other available information as necessary to determine what impact the discharge may have on the POTW.

C. A detailed written report providing the same and any additional available information (including

specifying the measures that will be taken by the user to prevent similar future discharges) shall also be provided by the user to the City Manager within 5 days of the incident.

D. Providing notice of an accidental discharge shall not relieve a user of any expense, loss, damage, or

other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-51

person or property; nor shall such notice relieve a user of any fines, civil penalties, or other liability which may be imposed by this Chapter or other applicable law.

19-10.82 Slug Control Plan A. Each Significant Industrial User shall prepare and implement an individualized slug control plan.

Existing Significant Industrial Users shall submit a slug control plan to the POTW for approval within 90 days of the effective date of this Chapter. New sources that are Significant Industrial Users shall submit a slug control plan to the POTW for approval before beginning to discharge. Upon written notice from the POTW, Nondomestic Users that are not Significant Industrial Users may also be required to prepare and implement a slug control plan, and the plan shall be submitted to the POTW for approval as specified in the notice. All slug control plans shall contain at least the following elements:

(1) A description of discharge practices, including non-routine batch discharges; (2) A description of stored chemicals, raw materials, and waste; (3) The procedures for immediately notifying the POTW of slug discharges, including any

discharge that would violate any discharge prohibition, limitation or requirement under this Section, and procedures for follow-up written notification within 5 days of the discharge;

(4) The procedures to prevent adverse impact from accidental spills, including inspection and

maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.

B. If a user has submitted to the POTW plans or documents pursuant to other requirements of local, state or

federal laws and regulations which meet all applicable requirements of Section 19-10.82(A), the POTW may in its discretion determine that the user has satisfied the slug plan submission requirements of this Section.

19-11. UPSET AND ADDITIONAL AFFIRMATIVE DEFENSES

19-11.83 Upset An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if all of the requirements of Section 19-11.83(A), below, are met. However, in the event of an upset, the user may still be liable for surcharges for exceeding applicable discharge limitations as provided by this Chapter. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

A. Conditions Necessary to Demonstrate Upset. A user seeking to establish the affirmative defense of upset

must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, all of the following:

(1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workmanlike manner and in

compliance with applicable operation and maintenance procedures; (3) The user has submitted the following information to the POTW within 24 hours of becoming

aware of the upset (if this information is provided orally, a written submission containing the same information must be provided within 5 days of becoming aware of the upset):

(a) A description of the discharge and cause of non-compliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the

anticipated time the non-compliance is expected to continue; and (c) The steps being taken and/or planned to reduce, eliminate, and prevent recurrence

of the noncompliance.

B. User Responsibility in Case of Upset. The user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable limits upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-52

of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

19-11.84 Additional Affirmative Defenses A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions under Section 19-6.30(A) and specific prohibitions under Sections 19-6.30(B)(6), (7), (8) or (9) if the user can demonstrate that all of the conditions necessary to establish the defense under MAC R 323.2303(3)(a) and (b) are met. However, even if the affirmative defense is established, the user may still be liable for surcharges for exceeding applicable discharge limitations as provided by this Chapter. In any enforcement proceeding, the user seeking to establish the affirmative defenses provided by MAC R 323.2303(3) shall have the burden of proof.

19-12 BYPASS

19-12.85 Bypass Not Violating Applicable Pretreatment Standards or Requirements A Nondomestic User may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if the bypass is for essential maintenance to assure efficient operation. A bypass that meets the requirements of the preceding sentence of this Section is not subject to the provisions in Sections 19-12.86, 19-12.87, and 19-12.88. However, nothing in this Section shall be construed to authorize a discharge that exceeds a discharge prohibition or limitation under this Chapter or other applicable laws or regulations; nor to relieve a user for any expense, loss, damage, or liability that may be incurred as a result of the bypass, such as damage to the POTW, fish kills, or any other damage to person or property; nor to relieve the user of any fines, penalties or other liability that may be imposed by applicable laws or regulations as a result of the bypass. 19-12.86 Bypass Prohibited Except as provided by Section 19-12.85, the bypass of industrial wastes from any portion of a user’s facility is prohibited, and shall be subject to enforcement action, unless all of the following apply:

A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,

retention of untreated waste, or maintenance during normal periods of equipment downtime. (This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventative maintenance.)

C. The user submitted the notices as required under Section 19-12.87. 19-12.87 Required Notices A. Anticipated bypass. If a user knows in advance of the need for a bypass, it must submit prior notice of

the bypass to the POTW. Such notice shall be submitted to the POTW as soon as the user becomes aware of the need for the bypass, and if possible, at least 10 days before the date of the bypass.

B. Unanticipated bypass. A user shall submit oral notice of an unanticipated bypass that exceeds

applicable pretreatment standards to the POTW within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City Manager may waive the written report on a case-by- case basis if the oral report has been received within 24 hours.

19-12.88 POTW Approved Bypass The City Manager may approve an anticipated bypass after considering its adverse effects, if the City Manager determines that it meets the conditions set forth in Sections 19-12.86(A), 19-12.86(B) and 19-2.86(C). It shall be a violation of this Chapter for a user to allow an anticipated bypass to occur without the prior approval of the City Manager.

19-13 CONFIDENTIAL INFORMATION 19-13.89. Confidential Information The following provisions shall apply regarding the treatment by the POTW of confidential information submitted to or obtained by the POTW in the administration of this Chapter:

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-53

A. Information and data regarding a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests at the time of submission and is able to demonstrate to the satisfaction of the City Manager, and in accordance with applicable state and federal laws and regulations, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

B. Information submitted by a user for which confidentiality is requested shall be clearly marked on each

page as to the portion or portions considered by the user to be confidential and shall be accompanied by a written explanation of why the user considers the information to be confidential or why the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

C. Information that may disclose trade secrets or trade secret processes, and for which the user has

requested, and been granted, confidentiality as provided by this Section, shall not be made available for inspection by the general public; however, that information shall be made available upon written request to governmental agencies for uses related to matters regulated by this Chapter and shall be made available for use by the state, any state agency, or the POTW in judicial review or enforcement proceedings that involve the user that furnished the information. The POTW shall notify the user 10 days in advance if it intends to release confidential information to another governmental agency as authorized by this Section.

D. Information furnished to the POTW on the volume or characteristics of wastewater or pollutants

discharged or proposed to be discharged into the POTW shall be available to the public or other governmental agency without restriction.

E. If a user has mass-based limits as allowed by certain categorical pretreatment standards on a

production basis, the production data necessary to determine compliance must also be provided by the user to the POTW, and shall be available to the public. If application of the combined waste stream formula is necessary to apply categorical pretreatment standards to a user, the flow measurements and other data used in the calculation must be provided by the user to the POTW, and shall be available to the public.

F. Observations made by POTW inspectors shall be subject to the confidentiality provisions of this Section as

if they were in writing if the user specifies to the POTW in writing for which particular observations made by the inspector the user seeks confidentiality.

G. All confidential information and/or data with respect to a particular user that is on file with the POTW

shall be made available upon written request by that user or its authorized representative during regular business hours.

19-14 RECORDS RETENTION

19-14.90 Maintenance of Records All users shall retain and preserve records, including, without limitation, all books, documents, memoranda, reports, correspondence and similar materials, related to matters regulated by this Chapter as provided by the minimum requirements of this Section or as provided by a permit or order issued pursuant to this Chapter.

A. Discharge Records. A Nondomestic User shall retain, preserve, and make available to the POTW for

inspection and copying, for the period specified in Section 19-14.90(C) all records related to matters regulated by this Chapter, including, without limitation, all documents, memoranda, correspondence and similar materials; copies of all required reports, notifications, and applications; all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation; copies of results of all sampling, monitoring, measurements and analyses; all documentation associated with Best Management Practices; and records of all data used to complete the application for a permit. Any Nondomestic User subject to the sampling, monitoring, analysis, or reporting requirements of this Chapter shall maintain copies of all records and information pertaining to those requirements or resulting from any monitoring activities (whether or not such monitoring activities are required by this Chapter). For all samples, the records shall include, at a minimum, the information required to be recorded by Section 19-9.68 of this Chapter.

B. Hazardous or Solid Waste. A Nondomestic User shall retain and preserve all records regarding its generation, treatment, storage, or disposal of hazardous waste or solid waste for the period specified in Section 19-14.90(C), and shall make them available to the POTW for inspection and copying, subject to the provisions in this Chapter regarding confidential information. (As used in this Section, the terms “hazardous

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-54

waste” and “solid waste” shall have the same definition as provided in the state hazardous waste management act, Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended, and the rules promulgated under that act.)

C. Retention Period. Users subject to the reporting requirements of this Chapter (or of any permit or order issued pursuant to this Chapter) shall retain the records specified in Sections 19-14.90(A) and 19-14.90(B) for a period of at least 3 years from (a) the date the record was created or (b) the date the record was first used or relied upon by the user, whichever is later. The 3 year retention period shall be extended during any administrative or judicial action, enforcement proceeding or litigation regarding matters regulated by this Chapter (or regarding discharges of the POTW under its NPDES permit), until all such actions, proceedings, or activities have concluded and all periods of limitation with respect to any and all appeals have expired. The 3-year retention period may also be extended at any time at the request of the POTW, the MDEQ, or the U.S. EPA. The POTW shall retain all records, notices and other information regarding discharges to the POTW submitted to it by Nondomestic Users of the POTW for a period of not less than 3 years.

19-15 ADMINISTRATION OF THE POTW

19-15.91 Operation and Management of POTW Except as otherwise expressly provided by this Chapter, the operation, maintenance, alteration, repair and management of the POTW shall be under the direct supervision and control of the City. The City has the exclusive right to establish, maintain and collect rates and charges for use of the POTW, and the City may employ the persons in the capacities as the City deems necessary and advisable to ensure the efficient establishment, operation, maintenance, and management of the POTW, to comply with the POTW’s NPDES permit, and to discharge its financial obligations. The City may establish any rules, regulations and procedures as determined necessary to assure the efficient management and operation of the POTW. 19-15.92 Powers of City Manager

As directed by the City, the City Manager shall (either directly, through, or in conjunction with other authorized representatives of the City) take the following actions:

A. Supervise the implementation of this Chapter. B. Review plans submitted by users for pretreatment equipment. C. Make inspections and tests of existing and newly installed, constructed, reconstructed, or altered

sampling, metering, or pretreatment equipment to determine compliance with the provisions of this Chapter. D. Verify the completeness, accuracy and representativeness of self-monitoring data submitted and/or

maintained by users. E. Investigate complaints of violations of this Chapter, make inspections and observations of discharges, and

maintain a record of the investigations, complaints, inspections and observations. F. Issue orders and notices of violation and take other actions as necessary to require compliance

with this Chapter. G. Develop and implement a Control Authority Enforcement Response (CAER) Plan as required by 40

CFR 403.8(f)(5). The CAER Plan shall provide procedures for the POTW to investigate and respond to instances of noncompliance by users. The CAER Plan and any associated regulations developed by the City Manager shall become effective upon approval by the City.

H. With the approval of the City, and in conjunction with the City’s legal counsel, institute necessary civil or

criminal judicial legal actions and proceedings in a court of competent jurisdiction against all users violating this Chapter to prosecute violations of this Chapter, to compel the abatement or prevention of violations, to compel compliance with this Chapter and any order, determination, permit or agreement issued or entered into under this Chapter, and to pursue any other necessary or advisable legal and/or equitable judicial relief or remedies with respect to violations of this Chapter.

I. In conjunction with the City’s legal counsel, commence a municipal civil infraction action against

any user violating this Chapter, and issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this Chapter.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-55

J. Perform any other actions authorized by this Chapter, or as necessary or advisable for the supervision, management and operation of the POTW and the enforcement of this Chapter and other applicable laws and regulations.

19-16 USER POLLUTION CONTROLS

19-16.93 Provision by Users of Necessary Pretreatment Facilities Users shall provide necessary wastewater treatment as required to comply with all applicable pretreatment standards and requirements within the time limitations specified by applicable law or regulation, and as required to comply with the requirements of a User Permit or order issued pursuant to this Chapter. All facilities required to pretreat discharges shall be provided, operated, and maintained at the user’s sole expense. Detailed, professionally signed and sealed plans showing the pretreatment facilities, specifications, and operating procedures shall be submitted to the POTW for review and approval prior to construction. The POTW may approve, approve with conditions, or disapprove the plans, specifications and operating procedures. A user shall not begin discharging from the treatment facilities until facilities have been approved and all conditions and requirements of the approval have been met as determined by the POTW. The review and approval by the POTW of such plans and operating procedures does not in any way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the POTW under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the POTW prior to the user’s initiation of the changes. (Users shall notify the POTW regarding the installation of new pretreatment facilities or modification of existing facilities as provided by Section 19-8.58 of this Chapter.)

19-16.94 Proper Operation and Maintenance A user shall at all times properly operate and continuously maintain, at the user’s sole expense, all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the user to comply with the requirements of this Chapter. Proper operation and maintenance includes, without limitation, effective performance, adequate funding (including replacement costs), adequate operator staffing, and adequate quality assurance/quality control (QA/QC) procedures for sampling and analysis, so as to provide adequate wastewater collection and treatment on a continuing basis, to conform with all local, state and federal laws and regulations, and to assure optimum long-term management of the facilities and system.

19-16.95 Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act, and other applicable local, state, and federal laws and regulations. 19-16.96 Duty to Halt or Reduce Activity Upon reduction of efficiency of operation, or loss, or failure of all or part of a user’s pretreatment equipment or facility, the user shall, to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable standards, requirements, and limits, control its production and all discharges until operation of the equipment or facility is restored or an alternative method of treatment is provided. This requirement applies in situations, including, without limitation, where the primary source of power for the pretreatment equipment or facility is reduced, lost, or fails. It shall not be a defense for a user in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Chapter. 19-16.97 Duty to Mitigate A user shall take all reasonable steps to minimize or correct any adverse impact to the POTW or the environment resulting from noncompliance with this Chapter, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 19-16.98 Duty to Pretreat Prior to Discharge to POTW Except as otherwise expressly required by this Chapter, by a User Permit, by an order or other determination of the City Manager, or by other applicable law or regulation, the prohibitions and limitations provided by this Chapter or a User Permit shall apply at the point where wastewater and pollutants are discharged or caused to be discharged into the POTW and any required pretreatment shall, at a minimum, be completed before that point of discharge is reached.

19-16.99 Implementation of Best Management Practices or Best Management Practices Plan A. The City Manager may require any user to develop and implement Best Management Practices to

control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances from the user’s premises to the POTW, as determined necessary by the City Manager.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-56

B. In addition, the City Manager may require a user to develop and submit a Best Management Practices Plan (“BMPP”), including an enforceable implementation schedule, for review and approval by the City Manager. The BMPP shall be submitted within 30 days after notification by the City Manager or as otherwise required by a User Permit. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, into the POTW. The BMPP shall be available for inspection at all times at the user’s premises. At a minimum, a user’s BMPP shall contain all of the following elements, as determined necessary by the City Manager, at a level of detail and in units and terms as determined necessary by the City Manager to adequately evaluate the plan:

1. A statement of the purpose and objectives of the plan. 2. A description of the strategies, methods, policies and procedures to prevent, minimize or

reduce the introduction of pollutants into the user’s discharge and to minimize waste generation. 3. A description of the options available to the user to control accidental spillage, leaks and

drainage. 4. A description of best available or practicable control technologies available for the user’s

specific circumstances. 5. A detailed facility layout and site diagram showing points of entry into the POTW. 6. A description of the waste handling, treatment and discharge disposal facilities, including flow

diagrams and process schematics. 7. A description of operating and maintenance processes and procedures. 8. Inventory of raw materials and a list of waste sources, including a list of all chemicals

used or stored at the facility. 9. A description of employee training programs, policies and procedures; continuing education

programs; and participation. 10. A description of documentation, including record keeping and forms. 11. A description of monitoring activities. 12. Information log of facility personnel, organization chart, emergency phone numbers,

contact persons and maintenance or service representatives. 13. Certification by a qualified professional that the plan is adequate to prevent spills, leaks, slug

loads, or non-customary discharges of regulated substances, directly or indirectly, to the POTW. 14. Such other information, documents or diagrams as required by the City Manager, including, but

not limited to, any of the information required under Section 19-7.39 of this Chapter.

C. The BMPs or BMPP required of a user or approved for a user shall be incorporated in a User Permit issued to the user. If the user already has a User Permit, the existing permit may be modified to incorporate the BMP requirements. If the user does not currently have a User Permit, a permit shall be issued for that purpose.

D. The City Manager may require revisions to users BMPP if the City Manager determines that the plan contains elements that are inadequate, or as otherwise determined necessary by the City Manager to ensure compliance with applicable requirements of this Chapter. Review of a BMPP by the City Manager shall not relieve the user from the responsibility to modify its facility as necessary to comply with local, state and federal laws and regulations.

19-16.100. FOG Interceptors; Alternate FOG Pretreatment Technology; Sand Traps. A. General Requirements Applicable To All FOG Interceptors; Alternate FOG Pretreatment Technology; and

Sand Traps.

1. Any user required to install a FOG interceptor, an Alternate FOG Pretreatment Technology (“AFPT”), or a sand trap to prevent the discharge of fats, oils, grease, sand, or other materials to

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-57

the POTW shall comply with the minimum requirements as provided by this Section or as otherwise specified by the City Manager.

2. Interceptors, AFPTs, and traps that are required by this Section shall be provided, cleaned, maintained in proper operating condition, and kept in continuously efficient operation at all times, at the sole expense of the owner of the premises.

3. All interceptors, AFPTs, and traps shall be of a design, type, construction, and capacity approved in advance by the City Manager.

4. The installation of all interceptors, AFPTs, and traps shall be subject to the City Manager’s review and approval.

5. All interceptors, AFPTs, and traps shall be located so as to be readily and easily accessible for

maintenance, cleaning and inspection.

6. All users required to install and maintain an interceptor, AFPT, or trap shall develop and carry out a system of maintenance and cleaning for the interceptor, AFPT, or trap, and shall keep accurate, detailed written records of the following:

(a) The maintenance and cleaning schedule; (b) The names of the persons who maintained and cleaned the interceptor, AFPT, or

trap, and the dates that the interceptor, AFPT, or trap was maintained and cleaned; and (c) The method of cleaning and disposal location for removed materials for each

maintenance and/or cleaning.

7. At a minimum, all interceptors, AFPTs, and traps shall be inspected, cleaned and maintained according to the manufacturer’s specifications or as otherwise provided by this Section, whichever requirements are more stringent, at the property owner’s expense.

8. All written records and documentation required to be kept by this Section with regard to interceptors, AFPTs, and traps shall be kept by the user on the premises for at least 3 years and shall be available for review by the City Manager during all operating hours. The user shall provide copies of required records to the City Manager upon the City Manager’s request at the user’s sole cost.

9. Any problems with or damage to an interceptor, AFPT, or trap shall be reported immediately to the property owner and to the City Manager.

10. Any problems with or damage to an interceptor, AFPT, or trap shall be rectified and/or repaired immediately by the property owner at the owner’s sole cost.

11. Interceptor, AFPT, or trap clean-out material, including, but not limited to, accumulated fats, oils, grease, and sand, shall not be discharged into the POTW.

12. Bacteriological, chemical, or enzymatic products shall not be used to maintain or clean interceptors, AFPTs, or traps.

B. Requirements For FOG Interceptors and AFPTs. A FOG interceptor or AFPT shall be required for all food service establishments (FSEs), and may also be

required for any other user, premises, or establishment determined by the City Manager to have a reasonable potential to adversely affect the POTW due to discharges of FOG.

1. Outdoor FOG Interceptors.

a. Outdoor FOG Interceptors Required. All FSEs shall install, operate, and maintain an

outdoor FOG interceptor of a type, design, construction, and size approved in advance by the POTW; provided that if the City Manager determines that installation of an outdoor FOG interceptor would not be economically and/or technically feasible due to existing circumstances unique to the premises in question, the City Manager may instead allow the installation of Alternate FOG Pretreatment Technology as provided by Section 19-16.100(B)(2). In all cases, the user shall bear the burden of demonstrating to the City

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-58

Manager, at the user’s sole cost, that the installation of an outdoor FOG interceptor is not feasible and that an alternate FOG pretreatment technology should instead be allowed.

b. Compliance Schedule.

Existing FSEs/Users: Any FSE discharging into the POTW as of the effective date of this Chapter (and any other existing user determined by the City Manager to have a reasonable potential to adversely affect the POTW due to discharges of FOG) shall, upon notification from the City Manager, submit plans for an outdoor FOG interceptor for approval by the City Manager, and shall install and begin operation of the interceptor, in compliance with the schedule specified by the City Manager.

New FSEs/Users: Any FSE that proposes to commence discharging into the POTW after the effective date of this Chapter (and any other new user determined by the City Manager to have a reasonable potential to adversely affect the POTW due to discharges of FOG) shall submit plans for an outdoor FOG interceptor to the City Manager for the City Manager’s approval, and shall install and begin operation of the interceptor in compliance with the schedule specified by the City Manager. In all cases, the interceptor plans must be approved by the City Manager prior to submitting plans to the City for a building permit; and the City shall not issue a building permit for the premises until the POTW has approved the proposed interceptor plans. Further, the City shall not issue a certificate of occupancy for the premises until the interceptor has been installed and deemed acceptable by the City Manager.

c. Minimum Design and Installation Requirements For Outdoor FOG Interceptors.

Outdoor FOG interceptors shall comply with all of the following minimum design and installation requirements:

(i) The interceptor shall provide a minimum capacity of 1500 gallons, unless the

City Manager determines that a smaller minimum capacity is adequate for the premises.

(ii) The interceptor shall have a minimum of two compartments with fittings designed for FOG retention.

(iii) The interceptor shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature.

(iv) The interceptor shall be installed at a location, subject to the prior approval of the City Manager, where it can be easily accessible for inspection, cleaning, and removal of intercepted FOG, but shall not be located in any part of a building where food is handled.

(v) Access manholes, with a minimum diameter of 24 inches, shall be provided over each outdoor FOG interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade, and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, FOG removal, and sampling which, when bolted into place, shall be gastight and watertight.

d. Minimum Inspection, Maintenance, and Cleaning Requirements for Outdoor FOG

Interceptors. Outdoor FOG interceptors shall comply with all of the following minimum maintenance, cleaning, and inspection requirements: (i) At a minimum, an outdoor FOG interceptor shall be inspected monthly by the

property owner, or more often if dictated by site- specific conditions or if required more frequently by the City Manager.

(ii) Pump-out of all accumulated FOG, water, and sludge shall occur quarterly at a

minimum, or more often if the combined height of floatables and settled solids (including both the top and bottom layers of solids) exceed 25% of any interceptor compartment operating depth; if there is a visible discharge of FOG; or if required more

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-59

frequently by the City Manager. The operating depth of a trap shall be determined by measuring the internal depth from the outlet water elevation to the bottom of the trap.

(iii) Each pump-out of the interceptor shall be complete and remove all contents, including

removal of the entire grease mat, liquids, sludges, and solids from screens, baffles, air-relief chambers, and wash down of interior walls. The interceptor shall be refilled with clear water before being returned to service.

(iv) The interceptor shall be kept free of inorganic solid materials such as grit, rocks,

gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could reduce the effective volume for FOG and sludge accumulation.

(v) Water removed during pump-out shall not be returned to the interceptor, and

accumulated FOG and sludge shall not be re- introduced into any drainage piping leading to the public sewer.

(vi) Sanitary wastes shall not be discharged to sewer lines serviced by an outdoor FOG

interceptor without specific prior approval by the City Manager.

(vii) The pump-out operation and disposal of the accumulated FOG, water, and sludge shall be done only by a licensed contractor. The City Manager shall be notified prior to any scheduled pump-out so that the operation can be witnessed if desired.

2. Alternate FOG Pretreatment Technology.

If the City Manager determines that installation of an outdoor FOG interceptor is not required as provided by Section 19-16.100(B)(1)(a), then the City Manager may instead authorize the installation of an Alternate FOG Pretreatment Technology (“AFPT”) approved by the City Manager as provided by this Section.

The design, type, construction, capacity, installation, operation, and maintenance requirements for an AFPT for a user’s proposed or existing discharge shall be as determined by the City Manager based on nature of the discharge and the unique circumstances applicable to the premises in question.

a. Indoor Grease Traps. If the AFPT approved by the City Manager is an indoor grease trap,

the following requirements shall apply:

(i) Indoor grease traps shall be installed in all waste lines from sinks, drains, and other fixtures or equipment where grease may be discharged to the POTW; provided that no food waste disposal unit, dishwasher, wastewater or other liquid in excess of 140 degrees Fahrenheit (60 degrees Centigrade) shall be discharged into an indoor grease trap. Further, no acidic or caustic cleaners shall be discharged into an indoor grease trap.

(ii) Traps shall never be operated without the flow restrictor supplied by the unit’s

manufacturer.

(iii) Sizing and installation of the indoor grease traps shall be subject to the POTW’s prior review and approval.

(iv) Traps shall be inspected and cleaned at least once per week, or more often if

dictated by site-specific conditions, as needed to be maintained in fully functional and efficient operation, or as otherwise specifically required by the City Manager.

(v) FSEs with indoor grease traps shall employ kitchen Best Management

Practices (BMPs) for pre-cleaning of plates, pots, pans, and similar methods to minimize grease loadings to the drainage system.

b. Other AFPT. If the proposed AFPT is a technology other than indoor grease traps, the FSE shall submit design plans, installation details, and operation and maintenance procedures to the City Manager for prior review and approval.

C. Sand and Oil Interceptors and Traps.

Oil and sand interceptors and traps may be required by the City Manager in any premises where the City Manager has determined that there is a reasonable potential for sand, oil, flammable wastes, or other harmful ingredients

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-60

to enter the premise’s discharges. If a plug or backup occurs that is caused by sand and/or oil, the City Manager may require that premises to install an oil and sand interceptor or trap. Oil and sand interceptors and traps shall be required for all premises engaged in the washing of motor vehicles.

D. Failure to comply.

1. The City shall have the right to enter and inspect any premises where an interceptor, AFPT, or

trap is required to be installed for purposes of determining compliance with the requirements of this Section and as otherwise provided by Section 19-17.102 of this Chapter.

2. If a user fails to provide or maintain a required interceptor/AFPT, the City may do so (or cause the same

to be done) and charge all of the costs to the user.

3. The failure of any premises where an interceptor/AFPT is required to comply with this Section may subject the violator to enforcement action and the remedies that are available by law and the terms of this Chapter, including, but not limited to, termination of the discharges from the premises to the POTW.

E. Permits.

The City Manager may issue and/or require user discharge permits for any user discharging FOG or sand to the POTW. The user discharge permits may include requirements that are more stringent than, or in addition to, the requirements specified by this Section, as determined appropriate by the City Manager.

19-16.101. Additional Pretreatment Measures The POTW may require users to take additional pretreatment measures, as determined necessary by the POTW, including, but not limited to, the following:

A. Whenever deemed necessary, the POTW may require users to restrict their discharge during peak flow

periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this Chapter.

B. The POTW may require any person discharging into the POTW to install and continually maintain, on their

property and at their expense, a suitable storage and flow control facility to ensure equalization of flow, subject to approval by the POTW.

C. Users with the reasonable potential to discharge explosive or flammable substances may be required to install

and maintain an approved explosion hazard meter, combustible gas detection meter, or similar device, as determined appropriate by the POTW.

19-17. ENFORCEMENT

19-17.102. POTW Inspection, Surveillance and Monitoring Authority; Right of Entry A. In general. The POTW is authorized to carry out all inspection, surveillance, sampling and monitoring activities

and procedures, as necessary to determine, independent of information supplied by users or any other persons, compliance or noncompliance with applicable pretreatment standards and requirements, with this Chapter, and with other applicable laws and regulations. This authority includes, without limitation, the authority:

(1) To verify the completeness, accuracy and representativeness of self-monitoring data submitted by

users.

(2) To determine compliance with the terms, conditions and requirements of this Chapter or of any permit, order, notice or agreement issued or entered into under this Chapter.

(3) To support enforcement actions taken by the POTW against non-compliant users. (4) To determine if users have corrected problems identified in previous inspections.

(5) To identify which (and to what degree) users influence the quality of the POTW’s influent, effluent and

sludge quality.

(6) To evaluate the impacts of the POTW’s influent on its treatment processes and receiving stream.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-61

(7) To evaluate the need for revised local limits. (8) To maintain current data on each user.

(9) To assess the adequacy of each user’s self-monitoring program and User Permit.

(10) To provide a basis for establishing sampling and monitoring requirements for users.

(11) To evaluate the adequacy of each user’s operation and maintenance activities on its pretreatment system.

(12) To assess the potential for spills and/or slug discharge control measures, and evaluate the

effectiveness of spill and slug discharge control measures.

(13) To gather information for User Permit development.

(14) To evaluate compliance with existing enforcement actions.

(15) To require any user to submit one or more representative samples of the wastewater discharged or that the user proposes to discharge into the POTW.

(16) To determine compliance with requirements regarding implementation of best management

practices; accidental discharge controls and protections; spill prevention or containment measures; and pollution prevention, minimization or reduction measures.

B. Right of entry. The City Manager and other authorized representatives of the City bearing proper credentials and

identification are authorized to enter a user’s premises (and any other person’s premises, as determined necessary by the City Manager) to conduct inspection, surveillance and monitoring activities as necessary to determine compliance with this Chapter, and in that regard shall have, without limitation, the following minimum authority:

(1) To enter into any premises of any person in which a discharge source, treatment system or activity is

located or in which records are required to be kept as provided by this Chapter, for the purpose of inspecting, observing, measuring, sampling and testing the wastewater discharge, removing samples of wastewater for analysis, and inspecting and making copies of required records. This shall include the right to take photographs.

(2) To set up and maintain on the person’s property such devices as are necessary to conduct sampling,

inspection, compliance monitoring and/or metering operations, or to require the person to do so, at the person’s sole expense.

(3) To randomly sample and analyze the discharge from any person or premises and conduct

surveillance activities to identify occasional and continuing noncompliance with applicable standards and requirements. The POTW shall inspect and sample the discharge from each Significant Industrial User at least once a year.

(4) To inspect any production, manufacturing, fabrication, or storage area where pollutants, subject to

regulation under this Chapter, could originate, be stored, or be discharged to the POTW.

(5) To enter all private properties through which the POTW, the City, or other governmental agency holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the POTW or wastewater transmission facilities lying within the easement.

POTW representatives entering a person’s premises for purposes authorized by this Chapter shall comply with the person’s plant safety requirements regarding such matters as entry into confined spaces, use of safety glasses, and hearing protection requirements, as requested by the person. Entry shall be commenced and completed as expeditiously as practicable, consistent with the purposes for which the entry was made.

C. Access without delay required. Persons shall allow the POTW ready access at all times to all parts of the person’s

facility or premises where wastewater governed by this Chapter is created, handled, conveyed, treated or discharged, or where any production, manufacturing, fabrication, or storage area where pollutants regulated under this Chapter could originate, be stored, or be discharged to the POTW, or where wastewater records are kept, for the purposes of inspection, sampling, records examination, or in the performance of any of the POTW’s duties. If a person has security measures in force that would require proper identification and clearance before entry into the premises by the

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-62

POTW, the person shall make necessary arrangements in advance with its security guards so that upon presentation of suitable identification, authorized representatives of the POTW (or authorized state or federal personnel) will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Upon arrival at a person’s premises, POTW representatives shall inform the person or the person’s employees that inspections, sampling, compliance monitoring, metering or other POTW procedures are to be performed and that the person has the right to accompany the POTW employee/representative during the performance of the person’s duties.

D. Refusal to allow entry. If a person refuses to permit access (or unreasonably delays access) to an

authorized POTW representative or to permit the representative to obtain, take, and remove samples or make copies of documents or undertake other authorized inspection, surveillance and monitoring activities as provided by this Chapter, the City Manager may order the termination of the discharge of wastewater to the POTW; order the person to permit access within a time certain; issue the person a notice of violation of this Section; or take other appropriate action as provided by this Chapter and other applicable laws and regulations (including, but not limited to, seeking the issuance of a search warrant). Further, the refusal to permit access (or causing an unreasonable delay in access) as provided by this Section shall constitute a violation of this Chapter.

19-17.103. Notice of Violation A. Any person found to be violating a provision of this Chapter may be served with written notice stating the nature

of the violation and providing a reasonable time limit for the satisfactory correction of the violation. The person shall, within the period of time stated in notice, permanently cease all violations. The notice of violation (NOV) shall be served and shall contain the information as provided by Section 19-17.105 of this Chapter.

B. Unless otherwise specified by the NOV, the following provisions shall apply: Within at least 30 days of the date

of the NOV, the person shall submit to the POTW a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of the required plan shall not in any way relieve the person of liability for any violations occurring before or after receipt of the Notice of Violation.

C. Nothing in this Section shall limit the authority of the City or the POTW to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation, or otherwise require the City or the POTW to first issue a Notice of Violation before initiating a civil or criminal action against a person for violating this Chapter. Further, receipt, or non-receipt, of a Notice of Violation shall in no way relieve the affected user of any and all liability associated with any violation.

D. Failure to comply with any requirement of a notice of violation shall constitute a separate violation of this Chapter.

19-17.104. Orders and Supplemental Enforcement Tools The City Manager may issue an order to any person as determined by the City Manager to be appropriate under the circumstances, as provided by this Section. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single person.

A. Service. An order shall be served upon a person and shall contain the information as provided by Section

19-17.105 of this Chapter. However, orders to immediately cease and desist discharge, or to terminate sewer services, or other emergency orders where delay might endanger human health, the environment, or the POTW, may be oral and may be served by telephone, to be followed within 5 days by written confirmation of the oral order by the City Manager.

B. Types of Orders. The City Manager may issue the following types of orders:

(1) Order to Immediately Cease and Desist Discharge. The City Manager may issue an order to cease and

desist from discharging any wastewater, pollutant, or discharge not in compliance with this Chapter. The order shall have immediate effect if the City Manager determines that the actual or threatened discharge to the POTW presents, or may present, imminent or substantial endangerment to the health or welfare of persons or to the environment; or causes, or may cause, interference or pass through; or may cause the POTW to violate any term or condition of its NPDES permit. The City Manager shall implement whatever action is necessary to halt or prevent the discharge, including, but not limited to, emergency suspension of service. The person shall be assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred due to the actual or threatened discharge of pollutants as provided by this Chapter.

(2) Order to Cease Discharge Within a Time Certain. The City Manager may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this Chapter by a certain time and date. The proposed time for remedial action shall be specified in the order. In addition to

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-63

any other circumstances as determined appropriate by the City Manager, an order may be issued under this Section for the failure to pay applicable permit fees or to comply with any term of a User Permit.

(3) Order to Effect Pretreatment. The City Manager may issue an order to a user requiring the user to

pretreat its discharge in accordance with this Chapter. Any user subject to an order to pretreat shall prepare a plan to pretreat its discharge so that the discharge complies with the requirements of the order and this Chapter. The plan shall be submitted to the City Manager within a reasonable period as specified in the order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary, as well as identify measures that can be completed without construction. The plan shall contain a schedule of compliance for completion of each of the various phases necessary to implement full pretreatment. The schedule of compliance must be approved by the City Manager. The schedule of compliance shall consist of one or more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard. The following steps or phases shall be included in the schedule of compliance as determined necessary by the City Manager:

(a) Retain a qualified engineer and/or consultant.

(b) Obtain any engineering or scientific investigation or surveys deemed necessary.

(c) Prepare and submit a preliminary plan to achieve pretreatment.

(d) Prepare plans and specifications, working drawings, or other engineering or architectural

documents that may be necessary to effect pretreatment.

(e) Establish a time to let any contract necessary for any construction. (f) Establish completion times for any construction necessary. (g) Establish a time limit to complete full pretreatment pursuant to the final order. (h) If a phase or unit of construction or implementation may be effected

independently of another phase or unit, establish separate timetables for the phases or unit.

(4) Order to Affirmatively Respond. The City Manager may issue an order requiring a person to perform any action required under this Chapter, including, without limitation, requiring a person to submit samples; to install sampling, metering and monitoring equipment; to submit reports; to permit access for inspection, sampling, testing, monitoring and investigations; to reduce or eliminate a discharge or pollutants in a discharge; or to pay permit fees or other applicable charges.

(5) Order to Terminate Sewer Services. The City Manager may issue an order to terminate the sewer

services of a user, including, but not limited to, immediate physical blockage of the user’s sewer connection, for reasons including, without limitation, the following:

(a) A discharge that violates any general or specific discharge prohibition, including any

pretreatment standard or requirement, and that reasonably appears to present an imminent endangerment to human health, the environment or the POTW.

(b) Failure of a user to notify the POTW of any discharge as described in Section 19-

17.104(B)(5)(a) of which the user was aware or reasonably should have been aware.

(c) Failure of a user to sample, monitor, pretreat or report, or failure to install monitoring or pretreatment facilities, as required by an order of the City Manager.

(d) A knowing, willful violation of any term, condition or requirement of an order or User Permit, or

any provision of this Chapter.

(e) A negligent violation of any major term, condition or requirement of an order or User Permit. For purposes of this Section, a “major” term, condition or requirement is one the violation of which is reasonably likely to endanger human health, the environment, the POTW, or cause the POTW to violate its NPDES permit.

If the POTW determines that physical blockage is necessary, the POTW shall make a reasonable attempt to deliver to the person who appears to be in control of the user’s facility a written notice describing the reason for the physical blockage order. After delivery of the notice (or after a reasonable attempt to deliver the notice, even if delivery was unsuccessful), the POTW may immediately install the physical blockage.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-64

No person shall remove or tamper with a physical blockage installed by the POTW without prior written permission from the City.

(6) Order to Show Cause. The City Manager may issue an order requiring a person to appear and explain

any noncompliance with the requirements of this Chapter or any permit, order, decision or determination promulgated, issued or made under this Chapter, and to show cause why more severe enforcement actions against the person should not go forward. A show cause hearing shall be held within 10 days after the order to show cause is issued, as follows:

(a) The Wastewater Board of Appeals shall conduct the hearing and take evidence. Notice of

the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing.

(b) Any testimony taken at the hearing shall be under oath and recorded. A copy of the

transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript.

(c) After reviewing the evidence taken at the hearing, the Wastewater Board of Appeals shall

decide whether further enforcement action is required and, if so, the nature and extent of that further action, including, without limitation, the issuance of any order or imposition of any fines, fees, surcharges or penalties, as authorized by this Chapter.

C. Immediate Response To Order By User May Be Required. Any user issued an order as provided by this

Section to immediately suspend its discharge to the POTW shall immediately stop or eliminate the discharge using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately suspend its discharge, the POTW shall take any action determined necessary as authorized by this Chapter, including, without limitation, immediate suspension of water service and/or severance of the sewer connection or commencement of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to public health, safety or the environment. The POTW may reinstate the wastewater treatment service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncomplying discharge has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncomplying discharge and the measures taken to prevent any further occurrence shall be submitted to the City Manager within 15 days of the occurrence.

D. Noncompliance Due to Factors Beyond User’s Control. If noncompliance with an order is unintentional and

temporary and due to factors beyond the reasonable control of a user, and the user can demonstrate the conditions necessary for demonstration of an upset as provided by Section 19-11.83(A), the City Manager may modify the order or take other actions as determined appropriate. However, a user shall not be relieved of liability for noncompliance with an order to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

E. Amendment, Suspension and Revocation of Orders. An order shall be subject to amendment,

suspension or revocation as determined appropriate by the City Manager. Notice of the amendment, suspension or revocation shall be served upon the person in the same manner as notice was provided for the original order. An amendment, suspension or revocation of an order shall be subject to the same procedures for review and appeal as the original issuance of the order, as provided by this Chapter.

F. Consent Orders and Agreements. The City Manager may enter into a consent order or agreement with a

person to resolve disputed claims and address identified and potential deficiencies in the person’s compliance status. The order or agreement shall be in the form of a written agreement with the person and may contain appropriate provisions, including, without limitation, compliance schedules and stipulated fines and remedial actions.

G. POTW Authority to Require Financial Assurances. The City Manager may require any user to post a

performance bond (or other form of surety acceptable to the City Manager) sufficient to cover expenses (direct and/or indirect) that might reasonably be incurred by the POTW as a result of the user’s discharges to the POTW (including, but not limited to, the costs to restore or repair any damage to the POTW) or sufficient to achieve consistent compliance with applicable laws and regulations, as determined necessary by the City Manager. Further, any person that has in the prior 2 years been responsible for causing interference or pass through at the POTW may be required to obtain liability insurance sufficient to cover the reasonable costs of responding or restoring the POTW in the event of a second such incident. These financial assurance requirements may also be made conditions of a User Permit.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-65

19-17.105. Service of Notices of Violations, Orders and Notices of Assessments Except as otherwise expressly provided by this Chapter, all orders, notices of violations and notices of assessments shall be served upon persons and shall contain the information as provided by this Section.

A. Service. Service shall be by personal delivery or certified mail (return receipt requested), addressed to the user,

alleged violator or other person, as applicable, at the person’s last known address as shown by POTW’s records. The person served shall sign and date the order or notice and shall return the signed original copy to the POTW; provided, that the failure to do so shall not affect in any way the person’s obligation to comply with the order or notice. Further, a notice or order served by mail may not actually be received by the person, but this shall not nullify in any way any enforcement action subsequently taken by the POTW against the person under authority of this Chapter. Receipt, or non- receipt, of a notice or order shall not in any way relieve the affected person of any liability associated with the violation. Further, the issuance of a notice or order will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected person.

B. Contents. All orders and notices shall contain at least the following information, to the extent known by the

POTW and as determined by the POTW to be applicable to the situation:

(1) The name and address of the violator;

(2) The location and time that the violation occurred or was observed, and the duration of the violation;

(3) The nature of the violation, including the provisions of this Chapter or of any permit, order, decision,

determination or agreement violated;

(4) The basis for determining that a violation has occurred (personal observation, pollutant analysis, etc.);

(5) The amount of the fine, penalty or charge assessed or due, if any; (6) The manner in which, and time and date by which, any fine, penalty or charge

must be paid, including any penalty or charge for late payment;

(7) The remedial action ordered, the time within which required actions must be taken, and any consequences for failure to do so.

(8) The right to appeal the issuance of the order or notice and a summary of the procedures for

appeal, or other applicable administrative procedures.

(9) The date and time the order or notice was issued.

C. Request for Additional Information. A person served may request additional information from the City Manager regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.

19-17.106. Publication of Users in Significant Noncompliance The POTW shall publish once per year in the largest newspaper circulated in the City, a list of Categorical Industrial Users that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards or requirements. For the purposes of this Section, a user shall be considered to be in significant noncompliance if its violations meet one or more of the following criteria:

A. Chronic violation of discharge limits, defined as results of analyses in which 66% or more of all of the

measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, for the same pollutant parameter;

B. Technical review criteria (TRC) violations, defined as results of analyses in which 33% or more of all of the

measurements taken for the same pollutant parameter during a six- month period equal or exceed the product of a numeric pretreatment standard or requirement, including instantaneous limits, times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH);

C. Any other violation of a pretreatment effluent limit (instantaneous minimum, instantaneous maximum,

daily maximum, or long-term average, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of Department personnel or the general public);

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-66

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the

environment, or has resulted in the POTW’s exercise of its emergency authority to halt or prevent the discharge;

E. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order, for starting construction, completing construction, or attaining final compliance;

F. Failure to provide any required reports within 30 days after the due date; G. Failure to accurately report noncompliance; or H. Any other violation or group of violations, which may include a violation of Best Management Practices,

that the City Manager determines will adversely affect the POTW or the operation or implementation of the POTW’s pretreatment program.

19-17.107. Municipal Civil Infractions A. Violation; Municipal Civil Infraction. Except as provided by Section 19-17.108, and notwithstanding any other

provision of the City’s laws, ordinances and regulations to the contrary, a person who violates or fails to comply with any provision of this Chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this Chapter) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000.00 per day for each infraction and not more than $10,000.00 per day for each infraction, plus costs and other sanctions.

B. Repeat Offenses; Increased Fines. Increased fines may be imposed for repeat offenses. As used in this Section,

“repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this Chapter (i) committed by a person within any 90-day period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Chapter shall be as follows: (1) The fine for any offense that is a first repeat offense shall be not less than

$2,500.00, plus costs.

(2) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000.00, plus costs.

C. Amount of Fines. Subject to the minimum fine amounts specified in Sections 19-

17.107(A) and 19-17.107(B), the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this Chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator’s recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.

D. Authorized Local Official. Notwithstanding any other provision of the City’s laws, ordinances and regulations

to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations directing alleged violators to appear in district court for violations of this Chapter (or, if applicable, to issue municipal civil infraction notices directing alleged violators to appear at a municipal ordinance violations bureau): the City Manager, any sworn law enforcement officer, and any other persons so designated by the City.

E. Other Requirements and Procedures. Except as otherwise provided by this Section, the requirements and

procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court- ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or pay fines; disposition of fines, costs and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts of 1961, as amended.

19-17.108. Criminal Penalties; Imprisonment Any person who (1) at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this Chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this Chapter; or (2) intentionally makes a false statement, representation, or certification in an application for, or form pertaining to a permit, or in a notice, report, or record required by this Chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this Chapter; or (3) intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this Chapter; or (4) commits any other act that is

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-67

punishable under state law by imprisonment for more than 93 days; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to 93 days, or both in the discretion of the court. 19-17.109. Continuing Violation Each act of violation, and each day or portion of a day that a violation of this Chapter (or of any permit, order, notice or agreement issued or entered into under this Chapter) exists or occurs, constitutes a separate violation subject to the fines, penalties and other sanctions and remedies as provided by this Chapter.

19-17.110. Number of Violations The number of violations resulting from a user’s noncompliance with applicable discharge prohibitions or effluent limitations shall be determined as follows:

A. Applicable concentration limitations and mass (or loading) limitations shall be treated as separate limitations, and

a user may be liable and penalized separately for exceeding any of those limitations for a single pollutant or sampling parameter.

B. Each violation of a daily maximum limit for a single pollutant or sampling parameter shall constitute a

separate violation for each day on which the violation occurs or continues.

C. Each violation of an instantaneous minimum or instantaneous maximum limit for a single pollutant or sampling parameter shall constitute a separate violation for each such occurrence, and there may be multiple violations for each day on which such a violation occurs or continues.

D. Each violation of a monthly average limit (or of some other average limit period) for a single pollutant or

sampling parameter shall constitute a separate violation for each day of the month (or other stated period) during which the violation occurred, regardless of the number of days on which samples were actually taken. (For example, in a month with 31 days, a violation of the monthly average limit for that month constitutes 31 violations for each pollutant parameter for which the monthly average limit was exceeded during the month.)

E. Except with regard to violations of average limits as provided by Section 19-17.110(D), a violation will be deemed

to have continued to occur each day beginning with the first day the violation occurred to the day the user is able to demonstrate through appropriate sampling results that the violation is no longer occurring.

F. If for any period a user has violated both a daily maximum limit and an average limit for a particular pollutant

parameter, then the total number of violations is the sum of the days on which the daily maximum limit was violated plus the number of days in the averaging period.

G. If a User Permit regulates more than one outfall, each outfall shall be considered separately in computing

the number of violations as provided by this Section.

H. If a user is discharging a waste stream that is required to be monitored and analyzed under continuous monitoring procedures then all of the following shall apply:

(1) If at any time during a daily 24-hour period the continuous monitoring shows that the monitored

parameter exceeded the instantaneous minimum, instantaneous maximum, or daily maximum limit for that parameter, then a violation has occurred.

(2) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds the

instantaneous minimum orinstantaneous maximum, during that period, then each such exceedance shall be considered a separate violation.

(3) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds the

instantaneous minimum, instantaneous maximum, or daily limit into the next daily 24-hour period (i.e., the exceedance occurs both before and after midnight), then the exceedance will be considered a separate violation on both days.

(4) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds

instantaneous minimum, instantaneous maximum, or the daily limit for more than 66% of the 24-hour, as determined in minutes of the day, then the user will be considered to be in significant non-compliance.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-68

I. One (1) violation occurs on: each day that a report is late; and each day after an action required to be completed is not completed.

19-17.111. Nuisance A violation of this Chapter, or of any permit, order, notice or agreement issued or entered into under this Chapter, is deemed to be a public nuisance and shall be corrected or abated as directed by the City. In addition to any other legal or equitable remedies available under the law, any person creating a public nuisance shall be subject to the provisions of state law, this Chapter, or other ordinance of the City governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance, as applicable.

19-17.112. Reimbursement A. Any person who discharges to the POTW (including, but not limited to, any person who causes or creates a

discharge that violates any provision of this Chapter, produces a deposit or obstruction, or otherwise damages, injures, or impairs the POTW, or causes or contributes to a violation of any federal, state or local law governing the POTW, whether any such act is intentional or unintentional) shall be liable to and shall fully reimburse the POTW for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the POTW as a result of or associated with any such discharge, deposit, obstruction, damage, injury, impairment, violation, exceedance, noncompliance, or act. The costs that must be reimbursed to the POTW shall include, but shall not be limited to, all of the following:

(1) All costs incurred by the POTW in responding to the violation or discharge, including, expenses for

any cleaning, repair or replacement work, and the costs of sampling, monitoring, and treatment, as a result of the discharge, violation, or noncompliance.

(2) All costs to the POTW of monitoring, surveillance, and enforcement in connection with

investigating, verifying, and prosecuting any discharge, violation, or noncompliance.

(3) The full amount of any fines, assessments, penalties, and claims, including natural resource damages, levied against the POTW, or any POTW representative, by any governmental agency or third party as a result of a violation of the POTW’s NPDES permit (or other applicable law or regulation) that is caused by or contributed to by any discharge, violation, or noncompliance.

(4) The full value of any City staff time (including any administrative and overhead costs and any required

overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the POTW’s legal counsel and any special legal counsel), associated with reviewing, responding to, investigating, verifying, and/or prosecuting any discharge, violation, or noncompliance or otherwise incurred by the POTW in administering and enforcing the requirements of this Chapter.

Further, the POTW is authorized to correct any violation of this Chapter or damage or impairment to the POTW caused by a discharge and to bill the person causing the violation or discharge for the amounts to be reimbursed. The costs reimbursable under this Section shall be in addition to fees, amounts or other costs and expenses required to be paid by users under other Sections of this Chapter.

B. In determining the amounts to be reimbursed, the POTW may consider factors such as, but not limited to, the

following:

(1) The volume of the discharge.

(2) The length of time the discharge occurred. (3) The composition of the discharge. (4) The nature, extent, and degree of success the POTW may achieve in minimizing or mitigating the effect

of the discharge.

(5) The toxicity, degradability, treatability and dispersal characteristics of the discharges.

(6) The direct and indirect costs incurred by the POTW, or imposed upon the POTW to treat the discharges, including sludge handling and disposal costs.

(7) Fines, assessments, levies, charges, expenses and penalties imposed upon and/or incurred by the

POTW, including the POTW’s costs of defense of actions, or suits brought or threatened against the POTW by governmental agencies or third parties.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-69

(8) Such other factors, including the amount of any attorney’s fees; engineering, consultant, and expert fees; expenses, costs, sampling and analytical fees; repairs; as the POTW deems appropriate under the circumstances.

C. Costs to be reimbursed to the POTW as provided by this Section may be assessed to the user as provided by

Section 19-17.105 of this Chapter, or as otherwise determined appropriate by the City Manager in conjunction with an enforcement action.

D. The failure by any person to pay any amounts required to be reimbursed to the POTW as provided by this Section

shall constitute an additional violation of this Chapter.

19-17.113. Review or Approval by City In no case shall the review and/or approval by the City of a user’s plans, specifications or operating procedures entitle a user to relief from enforcement actions for failure to achieve compliance with the applicable pretreatment standards and requirements.

19-17.114. Severance or Suspension of Sewer and/or Water Service If a user violates or continues to violate any provision of this Chapter (including, without limitation, any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this Chapter), or if the City determines that the user’s actual or proposed discharge may present an imminent or substantial endangerment to the health or welfare of persons or the environment, the City Manager may immediately, and without notice, sever or suspend sewer and/or water service provided to the user by the City. If severed or suspended, the sewer and/or water service shall recommence only after the user has satisfactorily demonstrated to the City Manager the user’s ability to comply with all applicable provisions of this Chapter, and only at the user’s sole expense.

19-17.115. Judicial Relief With the approval of the City, in conjunction with the City’s legal counsel, the City Manager may institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for violations of this Chapter or of any permit, order, notice or agreement issued or entered into under this Chapter. The action may seek temporary or permanent injunctive relief, damages, penalties, costs, and any other relief, at law or equity that a court may order. The City Manager may also seek collection of surcharges, fines, penalties and any other amounts due to the POTW that a person has not paid.

19-17.116. Cumulative Remedies The imposition of a single penalty, fine, notice, order, damage, or surcharge upon any person for a violation of this Chapter, or of any permit, order, notice or agreement issued or entered into under this Chapter, shall not preclude (or be a prerequisite for) the imposition by the POTW or a court of competent jurisdiction of a combination of any or all of those sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable limitations on penalty amounts under state or federal laws or regulations. A criminal citation and prosecution of a criminal action against a person shall not be dependent upon and need not be held in abeyance during any civil, judicial, or administrative proceeding, conference, or hearing regarding the person.

19-18. ADMINISTRATIVE REVIEW AND APPEALS

19-18.117. Procedures Available Any person aggrieved by a Notice of Violation, Order, or other action taken by the City Manager under this Chapter may request review and reconsideration by the City Manager and/or may appeal to the Wastewater Board of Appeals as provided by this Section. If review and reconsideration or appeal is not properly and timely requested in connection with an action as provided by this Section, the action shall be deemed final. The person requesting the appeal shall pay an appeal fee in the amount determined from time to time by the City. The appeal fee shall be paid at the time that the appeal is requested.

19-18.118. Review and Reconsideration by the City Manager A request for a review and reconsideration by the City Manager must be made in writing within 7 days from the date of the City Manager’s action in question. The request must state the reasons for the review and shall include all supporting documents and dates. A hearing on the request shall be scheduled at the earliest practicable date as determined by the City Manager. The hearing shall be conducted on an informal basis at the WWTP or at another location designated by the City Manager. The City Manager shall conduct the hearing. Following the informal hearing, the City Manager may affirm or reverse, in whole or in part, the action appealed from, or may make any order, requirement, decision or determination as, in the City Manager’s opinion, ought to be made in the case under consideration. The City Manager shall notify the aggrieved person of the decision on the request within 14 days of the hearing. The City Manager may request additional information and extend the time for his/her decision by an additional 7 days following the submission of the additional information. The decision of the City Manager may be appealed to the

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-70

Wastewater Board of Appeals as provided by Section 19-18.119. All supporting documentation and information shall be provided solely by the person requesting the appeal.

19-18.119. Appeal to Wastewater Board of Appeals A. The City Commission of the City of Three Rivers shall serve as a Wastewater Board of Appeals (“WBA”). The

WBA shall consider appeals from final decisions of the City Manager (and other appeals as expressly provided by this Chapter). The WBA shall adopt its own rules of procedure, and keep a record of its proceedings, showing findings of fact, the action of the board, and the vote of each member upon each question considered. The presence of five members of the WBA shall be necessary to constitute a quorum.

B. The following provisions shall govern appeals of final decisions of the City Manager made to the WBA under

this Chapter:

(1) An appeal from any final action of the City Manager must be made to the WBA within 7 days from the date of the action appealed. The appeal may be taken by any person aggrieved by the action. The appellant shall file a written notice of appeal with the City Manager and with the WBA. The notice of appeal shall specify the grounds for the appeal and shall be accompanied by a non-refundable appeal fee of $500.00. Failure to file a timely notice of appeal shall be deemed to be a waiver of the right to appeal.

(2) Prior to a hearing before the WBA regarding an appeal, the City Manager shall transmit to the WBA a

written summary of all previous action taken in connection with the action being appealed. The WBA may, at the WBA’s discretion, request the City Manager to provide further information regarding the action that is the subject of the appeal.

(3) The WBA shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be

provided at least 10 days in advance of the hearing to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The appellant must submit an exhibit and witness list to the WBA at least 5 days before the hearing or as directed by the WBA.

(4) The WBA shall conduct the hearing. At the hearing, attorneys may represent the parties and they may file briefs, present evidence, and call, examine and cross- examine witnesses. Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript.

(5) The WBA shall admit all testimony having reasonable probative value and shall exclude irrelevant or

unduly repetitious testimony, as determined by the WBA. The WBA shall not be bound by common law or statutory rules of evidence. The appellant shall have the burden of proof and persuasion for showing that the City Manager’s decision was clearly erroneous.

(6) Within 30 days after the completion of the hearing, the WBA shall mail or otherwise deliver to all

of the parties a written decision granting, denying or modifying the decision appealed and/or relief being sought. The decision of the WBA on the matter shall be final, and shall be a final determination for purposes of judicial review.

19-18.120. Payment of Charges, Penalties, Fines, and Other Costs or Fees Pending

Outcome of Appeal All service charges, penalties, fines, fees, surcharges, costs or expenses outstanding during any appeal process shall be due and payable to the POTW and the City, as applicable. Upon resolution of any appeal, the amounts due and payable shall be adjusted accordingly, provided that any refunds shall be retroactive to the previous four monthly billings only. The POTW may terminate wastewater treatment services if a corrective course of action is not taken or if service charges, penalties, fines, fees, surcharges, costs, or expenses are not paid by a user.

19-18.121. Finality of Action If an appeal is not demanded as provided by this Section within the periods specified by this Section, the City Manager’s action shall be deemed final. If an appeal is properly demanded, the action appealed shall be suspended until a final determination has been made by the WBA, except for orders to immediately cease and desist discharge; orders to terminate sewer services; other emergency orders or actions where a suspension or delay might endanger human health, the environment, or the POTW; and as otherwise expressly provided by this Chapter (such as for permit appeals, Section 19-7.49). 19-18.122. Appeals from Determination of WBA Appeals from a final determination of the WBA may be made to circuit court as provided by law. All findings of fact made by the WBA, if supported by the evidence, shall be deemed conclusive.

19-19. PROTECTION FROM DAMAGE

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-71

19-19.123. Protection from Damage It is a misdemeanor for any person to maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment that is part of the POTW. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to 93 days, or both in the discretion of the court; and shall be subject to other sanctions and remedies as provided by this Chapter, including, but not limited to, reimbursement of the POTW as provided by Section 19-17.112 of this Chapter.

19-20. MUNICIPAL LIABILITY

19-20.124. Municipal Liability Neither the POTW nor the City (including, but not limited to, City staff, employees, and officials) shall be responsible for interruptions of service due to natural calamities, equipment failures, or the actions of users. It shall be the responsibility of the users that all connected equipment remain in good working order so as not to cause disruption of service of any sewer or treatment plant equipment.

19-21. USE OF PUBLIC SEWERS CONDITIONAL

19-21.125. Use of Public Sewers Conditional The use of the public sewer is conditional upon the user complying with all applicable provisions of this chapter, the rules and regulations promulgated pursuant to this Chapter, User Permits and all other applicable Federal, State and local laws, rules, regulations, standards and requirements. Use of the public sewer is also conditional upon the payment of all applicable charges, surcharges, rates, fees and penalties

19-22. VACATION OF HAZARDOUS PROPERTY

19-22.126. Vacation of Hazardous Property If the City determines that there is a health or welfare hazard created by the emanation of sewage being exposed to the surface of the ground or the draining of sewage from property under the surface of the ground or into any ditch, storm sewer, lake or stream, and that the continuance of the use of the private sewage works by the property poses an immediate threat to humans, the City Manager may order and require the occupants to vacate any structure on the property forthwith.

19-23. INDUSTRIAL PRETREATMENT PROGRAM FEES

19-23.127. Purpose It is a purpose of this Chapter to provide for the recovery from users of the POTW of all costs incurred by the POTW for the administration and implementation by the POTW of the industrial pretreatment program (IPP) established by this Chapter. The IPP fees provided for by this Section are separate from, and in addition to, amounts chargeable to users for sewage disposal services by the City and/or the POTW, and costs required to be reimbursed to the City and/or the POTW under any other provisions of this Chapter or other laws and regulations.

19-23.128. IPP Fees IPP fees payable by users shall be established by the City, and shall be subject to amendment or revision by the City from time to time. Such fees shall be sufficient to meet the costs to administer and implement the City’s IPP and any associated regulations and written procedures as provided by this Chapter and authorized by applicable law. IPP fees may include, but shall not be limited to, any of the following:

A. Fees to reimburse the POTW for the costs of development and operation of an Industrial Pretreatment Program,

and fees to reimburse the POTW for monitoring, inspections and surveillance procedures, including expenses incurred for analysis of samples.

B. Fees for reviewing discharge reports, and for related enforcement procedures.

C. Fees associated with permit applications, permit renewals, and permit transfers. D. Fees for reviewing accidental discharge procedures and construction. E. Fees for appeals filed under this Chapter.

F. Such other charges or fees that the City deems necessary or required to fully perform the provisions of

applicable Federal and State laws or regulations, this Chapter, and other City laws or regulations.

19-23.129. IPP Fee Amounts

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-72

A. IPP fees shall be paid by users to the POTW in amounts determined necessary by the POTW from time to time to reimburse the POTW for all costs and expenses incurred by the POTW in administering the IPP. To the extent practical, the fees shall be set in an amount to include at least the POTW’s average total costs for that purpose. With regard to IPP activities undertaken by the POTW with regard to particular users, the fees shall be charged to the users on a time and materials basis, including, but not limited to, the full value of any City staff time (including any administrative and overhead costs and any required overtime), consultant and engineering fees, testing fees, and actual attorney fees and defense costs, plus general administrative expenses, based on the nature and requirements of the IPP activities undertaken for each user.

B. If the POTW determines that it is necessary to evaluate the ability or capacity of the POTW to accept any

current or proposed discharge by means, including, but not limited to, a headworks analysis or treatability study, all such evaluation and analysis or other required work shall be at the sole cost of the user. Such costs shall be paid in full by the user according to the timetable and subject to any terms or conditions established by the City Manager, and shall be paid whether or not the discharge (or any part thereof) is ultimately approved. The City Manager may require the user to post a deposit or other form of surety, as determined sufficient and appropriate by the City Manager, to ensure payment by the user of all such costs.

19-23.130. Surcharges A. Surcharges are intended to reimburse the POTW for all costs incurred by the POTW in handling or treating a

discharge that contains pollutants in excess of specified surcharge concentrations, loadings or other applicable limits. These costs may include, but are not limited to, the actual cost of treatment including chemical, equipment, and personnel costs.

B. Any user exceeding applicable surcharge limitations or other applicable limits shall be subject to the

imposition of one or more surcharges as provided by this Section to reimburse the POTW for any costs or expenses, direct or indirect, the POTW may incur in handling or treating the discharge, or which may be imposed upon the POTW, where the exceedance of applicable limits causes or contributes to those costs or expenses.

C. Surcharge rates for BOD, COD and TSS and any other pollutant parameter for which a surcharge is

established by the City shall be as provided in Chapter 6 of this Code. These rates shall be reviewed annually and shall be calculated and determined from time to time, as determined appropriate by the City.

D. All violations of applicable discharge prohibitions and limitations and all instances of noncompliance with

applicable discharge requirements shall constitute a violation of this Chapter, subject to applicable fines, penalties and other enforcement actions provided by this Chapter. In no event shall the imposition of a surcharge for a discharge that does not meet the applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this Chapter.

19-23.131. Billing and Collection of IPP Fees User Permit application fees shall be due upon submission of permit applications. Except as otherwise required by the POTW, all other IPP fees shall be due within 30 days of the date of the activity or service for which the fee is required. For fees not paid at the time of service, the amount of the fee shall be added to the user’s sewage disposal service charges or billed separately. IPP fees provided for by this Section shall be billed, collected and enforced pursuant to the procedures as provided by the City for sewer service charges, rates, and fees as provided by Chapter 19A of the City Code and other applicable City laws or regulations.

19-24. SEWER SERVICE CHARGES, RATES, AND FEES

19-24.132. Sewer Service Charges, Rates, and Fees The charges, rates, and fees for the use of and connection to the City’s sewer system shall be established, billed, and collected as provided by Chapter 19A of the City Code and other applicable City laws or regulations.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-73

THIS PAGE INTENTIONALLY LEFT BLANKCHAPTER 20 - STREETS AND SIDEWALKS 20-1 DEFINITIONS (As used in this Chapter):

Adjoining Property Owner means the owner or owners of record of land adjoining a sidewalk area.

Department means the Department of Public Services of the City.

Newsrack means any self-service or coin operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers, news periodicals or magazines.

Parkway means that area between the sidewalks and the curb of any street and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.

Person means any firm, corporation, partnership, voluntary association and organization of every nature as well as individuals.

Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel.

Sidewalk means a walkway made of concrete pursuant to the provisions of this Chapter constructed within the sidewalk area.

Sidewalk Area means that portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

Street means all of the land lying between property lines on either side of all streets, alleys, and boulevards in the City, and includes lawn extensions and sidewalks and the area reserved for a street although not yet constructed.

20-2 STREETS

20-2.1 STREET DAMAGE AND OBSTRUCTION PROHIBITED. No person shall make any excavation in or cause any damage to any street in the City except under the conditions and in the manner permitted in this Section. No person shall place any article, thing or obstruction in any street except under the conditions and in the manner permitted in this Section, but this provision shall not be deemed to prohibit the following:

(A) A temporary obstruction as may be incidental to the expeditious movement of articles and things to and from

abutting premises. (B) The lawful parking of vehicles within the part of the street reserved for vehicular traffic.

20-2.2 STREET TERRACES. No automobile, truck, vehicle, or other object, structure, thing, plant, or shrub shall be parked, placed, erected or planted upon that portion of the street described as the area between the sidewalk line and the near curb line, commonly referred to as the terrace, on any premises, whether commercial or residential, within the City with the following exceptions: street name, direction, traffic control and parking control signs duly erected by the City or governmental unit having control of the street; fire hydrants, public utility poles placed under City franchise, permanent type advertising (banjo) signs already erected and maintained in the area, as permitted by Chapter 30 of this Code; and vehicles which may be parked on a regularly constructed driveway ramp provided the parking of a vehicle or vehicles on the ramp does not interfere with or obstruct the free and clear vision of approaching vehicles at any street intersection near which the driveway ramp may be located, or interfere with the use of the sidewalk by pedestrians walking adjacent to any parking ramp; and refuse containers when placed under conditions allowed pursuant to administrative rules adopted pursuant to the provisions of this Code.

20-2.3 PERMITS AND BONDS. Where permits are authorized in this Section, they shall be obtained upon application to the Superintendent of the Department of Public Services upon forms as he or she shall prescribe, and there shall be a charge for each permit, as provided by resolution of the Commission. The permit shall be revocable by the City Manager for failure to comply with this Section or rules and regulations adopted pursuant to the lawful orders of the City Manager and shall be valid only for the period of time endorsed thereon. Application for a permit under the provisions of this Section shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the City in connection therewith, repair all damage done to the street surface and installation on, over or within the street, including trees, and protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under the permit or in connection with this permit. Where liability insurance policies are required to be filed in making application for a permit, they shall be in not less than the following amounts except as otherwise specified in this Section:

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-74

(A) On account of injury to, or death of, any person in any one (1) accident: Five Hundred Thousand ($500,000.00) Dollars.

(B) On account of any one (1) accident resulting in injury to, or death of, more than one (1) person: One Million

($1,000,000.00) Dollars. (C) On account of damage to property in any one (1) accident: Two Hundred Fifty Thousand ($250,000.00)

Dollars.

Every insurance policy shall name the City as an additional insured. A duplicate executed copy or photostatic copy of the original as to form by the City Attorney, shall be filed with the City Clerk. Where cash deposits are required with the application for any permit here, such deposit shall be in the amount of Two Hundred Fifty ($250.00) Dollars except as otherwise specified in this Section, and the deposit shall be used to defray all expenses to the City arising out of the granting of the permit and work done under the permit in connection therewith. Six (6) months after the completion of the work done under the permit, any balance of the cash deposit unexpended shall be refunded. In any case where the deposit does not cover all costs and expenses of the City, the deficit shall be paid by the applicant.

20-2.4 STREET OPENINGS. No person shall make any excavation or opening in or under any street without first obtaining a written permit from the City Engineer. No permit shall be granted until the applicant shall post a cash deposit and file a liability insurance policy as required by Section 20-2.3.

20-2.5 EMERGENCY OPENINGS. If the public safety requires immediate action, the City Manager may grant permission to make a necessary street opening in an emergency provided that a permit shall be obtained on the following business day and the provisions of this Section are complied with.

20-2.6 BACKFILLING. All trenches in a public street or other public place except by special permission shall be backfilled in accordance with regulations adopted pursuant to this Section. Any settlement shall be corrected within eight (8) hours after notification to do so.

20-2.7 SIDEWALK VAULTS. Openings through the sidewalk for the delivery of fuel when lawfully in existence shall not be greater than thirty (30") inches in diameter, shall be circular in form, and shall be effectively closed when not in actual use by an iron cover set flush within the surface of the sidewalk, level with the sidewalk, and securely locked in place. All openings in the sidewalk for the admission of light and air shall be closed and protected whether by substantial iron grating or illuminating pavement of a design and so placed as to be satisfactory to the City Manager.

20-2.8 UTILITY POLES. Utility poles may be placed in streets as the City Manager shall prescribe and shall be located thereon in accordance with the directions of the City Manager. Poles shall be removed or relocated as the City Manager shall from time to time direct.

20-2.9 MAINTENANCE AND INSTALLATIONS IN STREETS. Every owner of, and every person in control of, any estate maintaining a sidewalk vault, coal hole, manhole, or any other excavation, or any post, pole, sign, awning, wire, pipe, conduit, or other structure in, under, over or upon, any street which is adjacent to or a part of his or her property, shall do so only on condition that maintenance shall be considered as an agreement on his or her part with the City to keep the same and the covers thereof, and any gas and electric boxes and tubes in good repair and condition at all times during his or her ownership or control and to indemnify and save harmless the City against all damages or actions at law that may arise or be brought by reason of the excavation or structure being under, over, in or upon the street, or being unfastened, out of repair or defective.

20-2.10 NEW PAVING. Whenever the City Commission shall determine to pave or resurface any street, the City Manager shall, no less than thirty (30) days prior to commencement of construction, serve notice upon all public utilities, requiring them to install all necessary underground work in advance of the paving or resurfacing.

20-2.11 SEWER AND WATER CONNECTIONS. When paving or resurfacing shall have been ordered or declared necessary by the City Commission, sewer and water connections as are necessary shall be installed in advance of paving or resurfacing, and the cost shall be charged against the premises adjacent thereto, or to be served thereby, and against the owner of the premises. Where paving or resurfacing is financed in whole or in part by special assessment, the cost of sewer and water connections may be made chargeable against the premises served or adjacent thereto, as a part of the special assessment for paving or resurfacing. Where paving or resurfacing is financed otherwise than by special assessment, the cost of the sewer and water connections so installed shall be a lien on the premises adjacent thereto, or to be served thereby, and shall be collected as provided for assessments on single lots pursuant to the provisions of the City Charter. 20-2.12 Determination of Necessity. The necessity for such sewer and water connections shall be determined by the City Manager which determination shall be based upon the size, shape and area of each abutting lot or parcel of land, the lawful use of the land under applicable zoning regulations, the character of the locality and the probable future development of each abutting lot or parcel of land. The City Manager shall give written notice of the intention to install sewer and water connections and to charge the cost of the same to the premises to each owner of land abutting the street to be furnished with the connections, as shown by the records of the City Assessor in accordance with Section 1-10 of this Code. Any owner objecting to the installation of a sewer or water connection shall file his or her objections in writing within seven (7) days after service of notice with the City Manager who shall, after considering each the objection, make a final determination of the sewer and water connections to be installed.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-75

20-2.13 Prohibited Openings. No permit to make any opening or excavation in or under a paved street shall be granted to any person within a period of two (2) years after the completion of the paving or resurfacing of the street. If a street opening is necessary as a public safety measure, the City Manager may suspend the operation of this Section as to the street opening.

20-2.14 CURB CUTS. No opening in or through any curb or any street shall be made without first obtaining a written permit from the City Engineer. Curb cuts and sidewalk driveway crossings to provide access to private property shall comply with the following:

(A) No single curb cut shall be less than ten (10') feet.

(B) The minimum distance between any curb cut and a public crosswalk shall be five (5') feet.

(C) The minimum distance between curb cuts except those serving residential property, shall be twenty-five (25')

feet.

(D) The maximum number of linear feet of sidewalk driveway crossings permitted for any lot, parcel of land, business or enterprise shall be forty-five (45%) percent of the total abutting street frontage plus twenty (20%) percent of the linear feet of street frontage in excess of two hundred (200') feet.

(E) The necessary adjustments to utility poles, light standards, fire hydrants, catch basins, street or railway

signs, signals, or other public improvements or installations shall be accomplished without cost to the City.

(F) All construction shall be in accordance with plans and specifications approved by the City Engineer.

20-2.15 SIDEWALK OBSTRUCTIONS.

(A) No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to the street, or for any other purpose without first obtaining a permit from the City Manager and posting a cash deposit and filing an insurance policy as required by Subsection 20-2.3.

(B) At least five (5') feet of sidewalk space shall be kept clean and clear for the free passage of pedestrians; and

if the building operations are such that such free passageway is impracticable, a temporary plank sidewalk with substantial railing or sidewalk shelter built in accordance with Chapter 12 of this Code shall be provided around such obstruction.

20-2.16 SAFETY REQUIREMENTS.

(A) All openings, excavations and obstructions shall be properly and substantially barricaded and railed off, and

at night shall be provided with prescribed warning lights. Warning lights perpendicular to the flow of traffic shall not be more than three (3') feet apart, and parallel to the flow of traffic not over fifteen (15') feet apart.

(B) All openings and excavations shall, where necessary, be properly and substantially sheeted and braced as a

safeguard to workmen and to prevent cave-ins or washouts which would tend to injure the thoroughfare or subsurface structure of the street.

20-2.17 HOUSE MOVING. No person shall move, transport, or convey any building, machinery, truck or trailer more than eight (8') feet, eight (8") inches wide or higher than thirteen (13') feet six (6") inches above the surface of the roadway, into, across, or along any street, or other public place in the City without first obtaining a permit from the City Manager. The applicant shall file written clearances from the light, telephone, gas and water utilities stating that all connections have been properly cut off; and where necessary, all obstructions along proposed route of moving will be removed without delaying moving operations. In addition, clearance shall be obtained from the Police Department approving the proposed route through the City streets and the time of moving together with an estimated cost to the Police Department due to the moving operations. The applicant shall deposit with the City the total estimated cost to the Police Department and Department of Public Services plus a cash deposit as required by Subsection 20-2.3 and shall file with the City a liability insurance policy in the amount of One Hundred Thousand ($100,000.00) Dollars for injury to one (1) person and Three Hundred Thousand ($300,000.00) Dollars for injury to more than one (1) person and property damage insurance in the amount of Fifteen Thousand ($15,000.00) Dollars.

20-2.18 ICE AND SNOW REGULATIONS.

(A) Clearing Ice and Snow. No person shall shovel or push by means of plow or otherwise cause to be placed

or deposited in or upon the traveled portion of any street or sidewalk or within any ditch or gutter in any public street any snow or ice removed by him/her or under his/her direction from any private property or from any public property abutting any private property owned or occupied by him or her without first obtaining a permit to do so. The existence of any deposit of snow or ice deposited by artificial means in the traveled portion of any street or sidewalk or within any ditch or gutter in any public street shall be prima facie evidence that the occupant of the abutting property closest thereto placed or deposited the ice or snow therein.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-76

(B) Designation of Snow Routes. The following streets within the City shall be designated as snow routes: Constantine Street, Main Street (South, North), Hoffman Street (West, East), Sixth Avenue, Fifth Avenue - Wood Street to Portage Avenue, North Wood Street, Michigan Avenue (East, West), Broadway Street (West, East), Eighth Street, Mechanic Street, Middle Street, Douglas Avenue (South, North), Arnold Street, Portage Avenue, Millard Street - Constantine Street to City Limits, River Street - Eighth Street to City Limits, Fourth Street - Main Street to Bell Street, Bell Street - Fourth Street to Main Street, Hill Street - Douglas Avenue to Hospital Drive, Pealer Street - Douglas Avenue to Hooker Avenue, North Hooker Avenue, Moore Street, Maple Street - Hoffman Street to Rock River Avenue, Railroad Drive, Prutzman Street, Foster Street, Water Street - Michigan to Foster, Rock River Avenue - Maple Street to West Street. Each said street shall be posted with signs clearly marking it as a "snow route", and a record of such streets shall be maintained on file in the Department of Public Services and the Police Department.

(C) Parking Prohibited Under Certain Conditions. No person shall park or otherwise leave unattended any

vehicle upon any street or avenue which has been designated as a "snow route" when conditions of snow or ice exist on the surface of a designated snow route to the extent of an accumulation of two (2") or more inches. Parking may be resumed on streets designated as a "snow route" after the accumulated snow or ice has been removed from the full width of the street. The parking restrictions of this Subsection shall not be construed so as to suspend any other parking restriction or prohibition imposed by any other Section of this Code.

(D) Removal of Vehicles. Any vehicles parked or otherwise left unattended in violation of any of the provisions

of Paragraph (C) is hereby declared to be a nuisance and shall be subject to removal by the City by means of towing or otherwise. Any removal and resulting storage of a vehicle shall be at the expense of the owner or operator and costs shall remain a lien upon the vehicle until paid.

20-2.19 LEAVES AND BRUSH. No person shall move, transport, or cause to be placed in any street, roadway, or other public thoroughfare any leaves, brush, branches, or other materials.

20-2.20 ADDITIONAL REGULATIONS. Subject to the approval of the City Commission, the City Manager may make additional regulations pertaining to openings and excavations in the streets, curb cuts, street openings, and house moving regulations.

(A) Removal of Encroachment. Encroachment and obstructions in the street may be removed and

excavations refilled, and the expense of removal or refilling charged to the abutting land owner when made or permitted by him/her or suffered to remain by him/her otherwise than in accordance with the terms and conditions of this Section. The procedure for collection of such expense shall be as prescribed in the City Charter.

(B) Temporary Street Closings. The City Manager may temporarily close any street or portion of a street

when the City Manager deems such a street to be unsafe or temporarily unsuitable for use for any reason. When closing a street, the City Manager shall cause suitable barriers and signs to be erected on the street, indicating that it is closed to public travel. When a street has been closed to public travel, no person shall drive any vehicle upon the street except for the purpose of street repairs or construction work. No person shall move or interfere with any sign or barrier erected pursuant to this Subsection without authority from the City Manager.

20-3 SIDEWALKS.

20-3.1 Duty of Adjoining Property Owners. No adjoining property owner shall allow any sidewalk which adjoins his or her property to fall into a state of disrepair so as to be unsafe for pedestrian traffic.

20-3.2 Permit Required. No adjoining property owner or other person shall commence the construction, repair, reconstruction, or removal of any sidewalk without first obtaining a written permit from the City.

20-3.3 Standards for Construction, Repair, and Reconstruction. The following standards shall be adhered to for all sidewalk construction:

(A) The City Manager shall establish the line, grade, slope, and design standards for all construction, repair, or

reconstruction of sidewalks.

(B) All sidewalks shall be made of cement limestone mix in accordance with specifications provided by the City Manager unless otherwise recommended by the City Manager and approved by the City Commission.

(C) All sidewalks shall be located within the sidewalk area and adjacent to the property line of the adjoining

property owner except that all reasonable allowances shall be made to avoid cutting trees. In no case, however, shall sidewalks constructed under the provisions of this Chapter be located on private property.

(D) All new sidewalks shall be constructed four (4') feet wide on local streets and five (5') feet wide on major

streets and state trunklines within the sidewalk areas. Local streets, major streets, and state trunklines are as defined on the City's street system map as prepared by the Michigan Department of Transportation.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-77

When existing sidewalks are repaired or reconstructed, the width of the sidewalk shall remain as originally constructed.

20-3.4 Sidewalk Costs. All sidewalks that are newly constructed pursuant to the provisions of this Chapter shall be at the sole expense of the adjoining property owners except as provided in Section 20-3.5. The cost of the repair and reconstruction of sidewalks pursuant to the provisions of this Chapter shall be shared equally by the City and the adjoining property owner. The City's share of the costs of sidewalk repair or reconstruction shall be paid out of the City's Sidewalk Repair Fund as established by Resolution No. 95-60, adopted by the City Commission on October 3, 1995, which Resolution and any amendments thereto, is incorporated in and made a part of this Chapter by reference. (See appendix 1 to this Chapter.)

20-3.5 Sidewalk Repair at City Expense. Upon determination by the City Commission that a sidewalk has been damaged and is in an unsafe condition as the result of the use of equipment or other actions by employees of the City or its agents, the sidewalk shall be repaired or reconstructed at the sole expense of the City. Upon determination by the City Commission that a sidewalk has been damaged and is in unsafe condition as a result of actions authorized or permitted by the adjoining owner, the sidewalk shall be repaired or reconstructed at the sole expense of the adjoining owner.

20-3.6 Sidewalk - New Construction. No structure shall be erected on any vacant lot or parcel of land which is adjacent to a sidewalk area without an existing sidewalk unless the owner of the lot or parcel shall cause a sidewalk to be constructed within the adjoining sidewalk area in accordance with the provisions of this Chapter. In such cases, specifications for sidewalk construction shall be included as a part of the site plan, subdivision plan and/or the plans submitted for obtaining a building permit.

20-3.7 Sidewalk Construction Not In Conjunction with a Street Project. Whenever the City Manager shall determine that new sidewalk construction is required to provide reasonable public access for pedestrian traffic, or when any adjoining property owner submits a written petition requesting new sidewalk construction, the City Manager shall make a report to the City Commission in conformance with Chapter 3 of the City Code pertaining to special assessments. If the City Commission adopts a resolution determining necessity, a special assessment district shall be established in accordance with Chapter 3 of the City Code.

All new sidewalk assessments and all charges for new sidewalk construction performed by the City under provisions of this Section shall be due and payable by the respective adjoining property owners within ninety (90) days from the date of the assessment notice or invoice from the City to the adjoining property owner. Assessments or charges shall become a lien on the property of each adjoining owner if not paid to the City within the ninety (90) day period.

As an alternative to special assessment for new sidewalk construction, an adjoining property owner may construct the new sidewalk within the sidewalk area adjoining his or her property provided the adjoining property owner notifies the City and secures a permit within ten (10) days after the City Commission shall have adopted a resolution of necessity and provided further that the adjoining property owner shall complete construction of the new sidewalk within sixty (60) days from the date of issuance of the permit. If, after obtaining a permit, an adjoining property owner fails to complete the construction of the new sidewalk within the sixty (60) day period, the permit shall become invalid; and the City may construct a new sidewalk within the assessment district at the property owner's cost as assessed pursuant to Chapter 3 of the City Code.

20-3.8 Sidewalk Construction in Conjunction with a Street Project. Whenever the City Commission shall consider the necessity for construction, reconstruction, or resurfacing of a public street, the City Commission may also consider the necessity for construction, repair, or reconstruction of a sidewalk. Whenever feasible, sidewalk work shall be completed in conjunction with the street project as finally approved by the City Commission. In such case, a separate special assessment district shall be established in accordance with Section 20-3.7 of this Chapter for all sidewalk work completed pursuant to this Section.

20-3.9 Sidewalk Repair and Reconstruction. The City Manager shall appoint one or more sidewalk inspectors who shall periodically inspect all sidewalks. A sidewalk inspector shall file a written report with the City Manager as to any sidewalk in need of repair or reconstruction and shall identify the adjoining property owner by name and address as shown on the records of the City Assessor. The City Manager shall send a written sidewalk repair notice to the adjoining property owner with an estimate of the cost of repair or reconstruction of the sidewalk. If the report of a sidewalk inspector states that a sidewalk in need of repair or replacement is a significant hazard to pedestrian traffic, the City Manager may order that the unsafe portion of the sidewalk be immediately barricaded so as to prevent pedestrian use until repair or replacement of the sidewalk has been completed. An adjoining property owner may appeal a sidewalk repair notice to the City Commission by filing a written notice of appeal within fifteen (15) days from the date of the sidewalk repair notice.

20-4 NEWSRACKS.

20-4.1 News racks Prohibited.

(A) No person shall install, use or maintain any news rack or other structure which projects onto, into or over any part of the roadway of any public street, or which rests wholly or in part upon, along or over any portion of the roadway of any public street.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-78

(B) No person shall install, use or maintain any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property; or when the site or location is used for public utility purposes, public transportation purposes or other governmental use; or when the news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; or when the news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

20-4.2 Registration of Location.

(A) No person shall install or maintain any news rack which in whole or in part rests upon, in or over any public

sidewalk or parkway without first notifying the City Manager of the following:

(1) The location of each news rack to be installed or maintained in the City by the applicant.

(2) The name, address, and telephone number of the applicant.

(B) No more than one (1) notification shall be required per applicant, regardless of the number of news racks the applicant maintains in the City.

(C) From the above information the City Manager shall designate locations and shall be guided solely by the

standards and criteria set forth in Subsection 20-3.3. The application is proposed by the applicant, and in any event, when denial is solely as to location, it shall be without prejudice to amend the application to state a different location or locations.

20-4.3 Standards for Installation, Maintenance and Operation. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:

(A) No news rack shall exceed five (5') feet in height, thirty (30") inches in width, or two (2') feet in thickness.

(B) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near

the curb shall be placed no less than eighteen (18") inches and not more than twenty-four (24") inches from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to the wall and not more than six (6") inches from the wall. No news rack shall be placed or maintained on the sidewalk or parkway opposite a news rack or to any permanently fixed object.

(C) No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the

news rack or to any permanently fixed object.

(D) No news rack shall weigh, in the aggregate, in excess of one hundred (100) pounds when empty.

(E) Notwithstanding the provisions of Paragraph (B) of Subsection 20-4.1, no news rack shall be placed, installed, used or maintained:

(1) Within ten (10') feet of any marked crosswalk.

(2) Within fifteen (15') feet of the curb return of any crosswalk.

(3) Within ten (10') feet of any fire hydrant, fire call box, police call box or other emergency facility.

(4) Within ten (10') feet of any driveway.

(5) Within seventy-five (75') feet of the main entrance to any public building.

(6) At any location whereby the clear space for the passageway of pedestrians is reduced to less than

six (6') feet.

(7) Within five (5') feet of any area improved with lawn, flowers, shrubs, or trees or within five (5') feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with reasonable use of such window for display purposes.

(8) Within one hundred (100') feet of any other news rack containing the same publication.

(F) No news rack shall be used for advertising signs or publicity purposes other than that dealing with the

display, sale or purchase of the newspaper or news periodical sold therein.

(G) Each news rack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(H) No more than four (4) news racks shall be located on any public right-of-way within a space of two hundred (200') feet in any direction within the same block of the same street.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-79

20-4.4 Newsrack Identification Required. Every person who places or maintains a news rack on the streets of the City shall have his or her address and telephone number affixed to the news rack in a place where the information may be easily seen. Prior to the designation of location by the City Manager under Subsection 20-3.3 of this Chapter, the applicant shall present evidence of compliance with this Subsection.

20-4.5 Newsrack Violations.

(A) Any news rack installed, used or maintained in violation of this Section shall be tagged with a "notice of

violation" stating the violation, date of tagging, notice of intention to remove the news rack if the violation is not corrected within five (5) days, and the procedure for obtaining a hearing before the City Manager, if desired.

(B) Notwithstanding the above Subsection (A), in the case of violations of this Section relative to restrictions

upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects, or to each other, and upon location of news racks, the City Manager may, as an alternative to tagging the news rack, move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.

(C) Any news rack which has been tagged and remains in violation of the provisions stated on the tag past the

five (5) day correction period, and no hearing has been requested, the news rack shall be removed by the City Manager and stored in any convenient place. The City Manager shall notify the owner of the news rack by mailing a "notice of removal" to the last known address of the owner. The notice shall state the date the news rack was removed, the reasons, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any news rack removed and stored pursuant to this Section shall be released to the owner if claimed within thirty (30) days after removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim the news rack and pay the reasonable charges within thirty (30) days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to law.

(D) Any news rack in violation of the provisions of this Section, which violation creates an immediate danger to

the health, safety or welfare of the public, which violation cannot by corrected by moving or otherwise repositioning the news rack, may be summarily removed and stored in a convenient location so as to eliminate the danger. The City Manager shall notify the owner of the news rack by mailing a "notice of removal" to the last known address of the owner. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any news rack removed and stored pursuant to this Subsection shall be released to the owner if claimed within thirty (30) days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage.

20-4.6 Hold Harmless. Every person who places or maintains a news rack on a public sidewalk or parkway in the City shall file a written statement with the City Manager, satisfactory to the City Attorney, agreeing to indemnify and hold harmless the City, its officers, agents and employees from any loss or liability or damage, including expenses and costs for bodily or personal injury and for property damage sustained by any person as a result of the installation, use or maintenance of a news rack within the City.

20-4.7 Penalty. Every person convicted of a violation of a provision of this Chapter shall be punished by a fine of not more than Five Hundred ($500) Dollars and costs of prosecution. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

20-5 CITIZENS STREETS AND SIDEWALK COMMITTEE

(A) The Citizens Street and Sidewalk Advisory Committee shall consist of four (4) members, one from each voting district of the City.

(B) The members of the Committee shall be appointed by the Mayor, subject to the approval of the City

Commission.

(C) The term of each member of the Committee shall be four (4) years except that in the case of the first Committee appointed, two (2) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of four (4) years. Each member shall hold office until his or her successor has been appointed. Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the Mayor, subject to the approval of the City Commission. All members of the Committee shall serve without compensation.

(D) The Committee shall at its first meeting in each calendar year, elect from its membership a Chairman and

Vice Chairman. The City Clerk or Deputy City Clerk shall serve as Secretary of the Committee.

(E) The Committee shall meet from time to time upon call of its Chairman or the City Manager.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-80

(F) The Committee shall act as an advisory body to the City Commission. The primary duties of the Committee shall be to review each planned street or sidewalk improvement project and to advise the City Commission of its findings and recommendations as to each such project.

20-6 REMOVAL OF ICE AND SNOW FROM CITY SIDEWALKS

20-6.1 Purpose. This section is intended to provide the City a means of applying reasonable regulations to

require snow and ice removal from sidewalks, and to require that the removal of snow from private property shall not be deposited or placed in a manner deemed inappropriate, in order to promote the public health, safety and welfare.

20-6.2 Definitions. For the purpose of this Subsection, the following words and phrases shall have the meaning

hereafter defined:

Adjoining Property Owner means the owner or owners of record of land adjoining a sidewalk area. Parkway means that area between the sidewalks and the curb of any street and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel. Person means any firm, corporation, partnership, voluntary association and organization of every nature as well as individuals. Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel. Sidewalk means a walkway made of concrete pursuant to the provisions of this Chapter constructed within the sidewalk area. Sidewalk Area means that portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. Street means all of the land lying between property lines on either side of all streets, alleys, and boulevards in the City, and includes lawn extensions and sidewalks and the area reserved for a street although not yet constructed. Owner includes the person or persons who hold title to premises abutting a sidewalk, and/or tenant, lessee, agent, manager, adult occupant or other person in charge of the premises.

20-6.3 Responsibility for Removal of Snow and Ice from Sidewalks.

(1) Every owner of any building or lot of land fronting or abutting on a paved sidewalk, shall remove and clear away or cause to be removed or cleared away, snow and/or ice from the sidewalk a path of at least thirty (30") inches in width from so much of the sidewalk as is in front of or abuts on the owner's building or lot of land, and further remove snow and/or ice from a path of at least thirty (30") inches in width from an area around any fire hydrant adjacent to the owner's premises.

(2) Except as provided in Subparagraph (3) below, snow and ice shall be removed from sidewalks within seventy-two (72) hours after the cessation of the fall of snow, sleet or freezing rain. (3) In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed twenty-four (24) hours after the cessation of the fall of snow, sleet or freezing rain, without likelihood of damage to the sidewalk, the owner shall cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path on the sidewalk of at least thirty (30) inches in width free of snow and ice.

20-6.4 Requirements for Removal. All persons removing snow from sidewalks or private property, whether by use of a shovel, snow blower, plough, or any other method, shall comply with the following regulations:

(1) Snow shall not be deposited or spread into the traveled portion of sidewalks, alleys, streets, or highways. (2) Snow shall not be deposited so as to obstruct fire hydrants or fire appliances. (3) Snow shall not be deposited so as to create any visual obstruction which would impair the safe use of sidewalks, alleys, streets, or highways.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-81

20-6.5 Rental Properties. It is the responsibility of the owner(s) of rental properties to provide snow and ice removal from public sidewalks adjoining the rental property. The owner may contract for snow removal service or may by written agreement require that the tenant to assume responsibility for sidewalk snow removal as a part of a written rental agreement. Notwithstanding any agreement with the tenant, or any other provisions of this Subsection, the owner of a rental property has the ultimate responsibility for snow and ice removal from public sidewalks adjoining the rental property. 20-6.6 Business Owners. It shall be unlawful and shall constitute a public nuisance for any person that does business within or performs services for the public within the City to permit or suffer to remain snow or ice on the public sidewalk adjacent to a place of business or service owned or operated or managed by that person in violation of this Subsection.

20-6.7 Vacant Lots. Owners of vacant lots adjoining public sidewalks are required to keep sidewalks clear of ice and snow as provided in this Subsection. 20-6.8 Absentee Owners. Persons who own real property in the City, but do not live in the City, are nonetheless responsible for complying with the provisions of this Subsection pertaining to the removal of snow and ice from public sidewalks adjoining their property.

20-6.9 Deposit of Snow on Streets and Sidewalks. It shall be unlawful for any person to deposit or cause to be deposited any accumulation of snow or ice from roofs of buildings, publicly or privately owned parking lots, drive-in service places and other off-street areas, upon the traveled portion of any street, alley, sidewalk or crosswalk. Snow naturally falling on a public right-of-way may be deposited in the area between the curb and sidewalk or in the gutter. 20-6.10 Removal of Snow from Trash Pick-up Points. Every owner of any building or other structure within the City shall remove and clear away, or cause to be removed and cleared away, any accumulation of snow from the front, rear and sides of all trash containers situated on their property or the parkway adjoining their property. 20-6.11 Piling Snow on Another Property. No person shall pile snow on another person's property without permission. 20-6.12 Senior Citizen and Handicapped Assistance. The City Manager shall establish a network of individual volunteers and civic organizations willing to assist senior citizens and handicapped owners with sidewalk snow and ice removal. In addition, the City Manager may maintain a list of contractors who will remove sidewalk snow for a reasonable fee. 20-6.13 Notice to Owners.

(a) If the City Manager finds that any portion of a sidewalk has not been cleared of snow and ice as required by this Subsection, and that a hazardous condition exists, the City Manager shall notify the owner that snow must be removed from the sidewalk as prescribed by this Subsection within forty-eight (48) hours from the date of the notice.

(b) If the owner fails to remove the snow and ice as required by the notice, the City Manager may cause the snow and/or ice to be removed to meet the requirements of this Subsection and charge the costs thereof, plus reasonable administrative costs, to the owner.

20-6.14 Exemptions. In residential districts only, owners who for reasons of infirmity, believe compliance with this Subsection would cause undue hardship, may file a written request for exemption from this Subsection with the City Manager. The City Manager shall approve or disapprove the request according to guidelines adopted by the City Commission. If approved, the City may then remove snow and ice from the owner's sidewalk at a cost to the owner established by the City Commission. 20-6.15 Work Done at Owner's Expense. If the provisions of this Subsection are not complied with and if snow or ice are allowed to accumulate on any sidewalk in violation of this Subsection, the City Manager may cause such snow and ice to be removed and the cost of such removal be billed to the owner for the cost thereof at rates established by the City Commission and shall at the end of the fiscal year report any such charges remaining unpaid to the City Commission. Unpaid charges, as reported by the City Manager, shall become a lien upon the property abutting or adjoining the sidewalk upon which such work has been done and shall be assessed and collected in the manner provided in the City Charter.

CHAPTER 20 STREETS AND SIDEWALKS

(2017) 20-82

20-6.16 Administration and Enforcement. It shall be the responsibility of the City Manager, or any City official so designated by the City Manager, to administer the provisions of this Subsection. It shall be the responsibility of the Police Department and/or City officials, as appointed by the City Manager, to enforce the provisions of this Subsection. Personnel so appointed shall be authorized to issue and serve civil infraction citations with respect to violations and/or non-compliance with any of the provisions of this Section. 20-6.17 Reporting a Violation. The City Manager shall from time to time during the winter months publish in the local newspaper a summary of City sidewalk snow removal requirements and the times and manner of reporting sidewalk snow removal violations. 20-6.18 Municipal Civil Infraction For each violation of a provision of this Subsection, or failure to comply with any of its requirements, an appointed City official shall be authorized to issue and serve a municipal civil infraction citation, in accordance with Chapter 9 of this Code, on any person with respect to a violation of this Subsection when there is reasonable cause to believe that person has committed such an offense.

(2017) 20-83

PAGE INTENTIONALLY LEFT BLANK

(2017) 20-1

CHAPTER 21 - SANITATION 21-1 DEFINITIONS.

Ashes means the residue from the burning of wood, coal, coke or other combustible materials.

Collector means a person duly licensed to collect refuse within the City.

Garbage means rejected food wastes including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

Property Owner means tenants or other occupants of residential premises.

Refuse means solid waste, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleaning and solid market and solid industrial wastes.

Refuse Transporting Unit means a container which may be an integral part of a truck or any other piece of equipment used for the transportation of refuse on or by a motor vehicle or by rail.

Rubbish means nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes such as paper, cardboard, metal containers, wood, glass, bedding, crockery, demolished building materials or litter of any kind that will be a detriment to the public health and safety.

Scavenger means a non-property owner who examines and/or removes salvageable items from trash placed for collection pursuant to this Chapter.

Trash means worthless, unwanted, and discarded items or objects normally accumulating in and about residential household premises.

21-2 CITY TRASH PICKUP SERVICE.

21-2.1 Authorization. Each year, at times designated by the City Manager, the Department of Public Services will conduct a trash pickup in the residential areas of the City in accordance with the provisions of this Chapter.

21-2.2 Trash Pickup Restrictions. No trash shall be picked up by the Department of Public Services unless it is boxed, bagged or securely bundled. No item of trash shall exceed eight (8') feet in length. All glass, items with sharp corners and sharp items shall be securely wrapped to prevent injury to City pickup personnel.

21-2.3 Prohibited Items. The following materials shall not be placed for collection or be collected by the Department of Public Services: garbage, dead animals, car bodies, large metal items, hazardous materials, large gas or propane tanks, and items not accepted by licensed landfills.

21-2.4 Unauthorized Collection. No person except a property owner shall place any trash for collection. No person shall bring trash from outside the City for pickup under the provisions of this Chapter.

21-2.5 Scavengers. Unless prohibited by the property owner, scavengers may remove salvageable items placed for collection pursuant to this Chapter, provided that items of trash not removed are left boxed, bagged or securely bundled as provided in Section 21-2.2. It shall not be the responsibility of City pickup personnel to pick up trash left unboxed, unbagged or unbundled by scavengers or by any other person or for any other reason.

21-2.6 Placement for Collection. On the day trash collection is scheduled in a residential district of the City or not earlier than seventy-two (72) hours before collection is scheduled all trash shall be neatly placed in the street curbside directly in front of the owner's premises.

21-2.7 Unauthorized Materials. The Department of Public Services shall not pick up any materials placed for collection in violation of the terms of this Chapter. Each collection crew shall carry a supply of printed cards listing the most common reasons for refusing to collect trash placed for pickup. There shall be a space for a check mark to each reason given. The person in charge of each trash pickup crew shall place a check mark next to the statement which best explains the reason for their refusal to collect the material involved and deliver the card to the resident or occupant of the premises. If no person can be found at the premises, the card shall be placed on a doorknob at the entrance of the premises. Trash items refused for collection shall be removed from the street curbside and properly disposed of by the property owner within twenty-four (24) hours after notice of refusal has been delivered or posted.

21-2.8 Collection Charges. If any person places for collection:

(A) More than one large appliance (including water heaters);

(B) More than four (4) motor vehicle tires; or

CHAPTER 21 SANITATION

(2017) 21-2

(C) Other trash in excess of the limitations as provided in Section 21-2.2, the City may charge a reasonable service fee for collecting these items or the excess trash. Service fees shall be established by resolution of the City Commission upon the recommendation of the City Manager.

21-2.9 Cost Study. The City Manager shall from time to time prepare and submit to the City Commission a cost study showing the cost of providing trash pickup service in the manner provided in this Chapter.

21-2.10 Commercial and Industrial Premises. The provisions of this Chapter shall not apply to commercial and industrial premises. No collection of trash shall be made at any non-residential premises.

21-3 REFUSE COLLECTION. All ashes, garbage, rubbish and refuse accumulated in the City shall be collected, conveyed and disposed of by duly licensed refuse collectors unless the same shall be collected, conveyed and disposed of by the actual producers of refuse or the owners of the premises where refuse is accumulated. Each producer, owner and collector shall in all respects comply with the provisions of this Code, all rules and regulations issued pursuant to this Chapter, and with any other governing law. 21-4 REFUSE CONTAINERS.

21-4.1 Duty to Provide and Maintain in Sanitary Condition. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this Chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. A collector shall have the authority to refuse collection service for failure to comply with this Chapter or rules and regulations issued pursuant to this Chapter.

21-4.2 Capacity. The refuse container shall have a capacity of not more than twenty (20) gallons and shall be made of metal or other durable material equipped with two handles, tight fitting cover and shall be watertight unless other capacities or types of containers such as commercial type "garbage" bags are authorized by rules adopted hereunder.

21-4.3 Sanitation. Each container shall be kept in a clean, neat and sanitary condition at all times.

21-5 STORING OF REFUSE.

21-5.1 Public Places. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not within the City except it be in proper containers for collection as provided in Section 21-4 of this Chapter. Nor shall any person throw or deposit any refuse in any stream or other body of water.

21-5.2 Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.

21-5.3 Refuse in Public Places. No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon or into any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the City.

21-5.4 REMOVAL. Any person responsible for the deposit or accumulation of refuse in violation of this Chapter shall remove the refuse to a permitted location within forty-eight (48) hours after receiving a verbal or written notification of the violation from an authorized officer of the City.

21-5.5 MUNICIPAL CIVIL INFRACTION. In addition to any other penalty for violation of this Chapter, a person who violates any provision of this Chapter is responsible for a municipal civil infraction and subject to the payment of a civil fine of not less than fifty ($50) dollars, plus costs and other sanctions for each infraction. Repeat offenses under this Chapter shall be subject to increased fines as provided in Chapter 9 this Code pertaining to Municipal Civil Infractions.

21-6 NUMBER OF REFUSE CONTAINERS. A person may have unlimited refuse containers provided each such container complies with the requirements of Section 21-4. 21-7 POINTS OF COLLECTION. All refuse containers shall be placed for collection on the premises at an easily accessible central location for the collectors. No refuse or refuse container shall be placed within the right-of-way of any street or at street curbs for collection unless specifically authorized by this Chapter or by resolution of the City Commission in accordance with Section 21-10 of this Chapter.

CHAPTER 21 SANITATION

(2017) 21-3

21-8 COLLECTION PRACTICES.

21-8.1 Designated Days for Trash and Garbage Collection.

(A) No garbage or rubbish collection company (“Garbage Collector”) operating in the City shall engage in curbside collection service except in the following geographical areas of the City on the following days:

(1) First District- Monday: That part of the City lying North of the St. Joseph River and

between the Rocky and Portage Rivers

(2) Second District - Tuesday: That part of the City lying South and East of the St. Joseph River

(3) Third District - Wednesday: That part of the City lying West of the Rocky and St. Joseph Rivers

(4) Fourth District - Thursday: That part of the City lying East of the Portage River and North

of St. Joseph River Provided, however, Garbage Collectors may engage in curbside collection service in the City on a one-day late schedule (which would permit Saturday pick-up) when the following designated holidays fall during the period of Monday through Friday. The holidays shall be Christmas Day, New Year’s Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day.

21-8.2 Refuse Containers. Refuse collectors may require their customers to place all refuse, garbage, ashes and rubbish in a refuse container or containers for collection.

21-9 SPECIAL REFUSE PROBLEMS.

21-9.1 Contagious Disease Refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer. Refuse shall not be placed in containers for regular collections.

21-9.2 Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the City Manager or Fire Chief at the expense of the owner or possessor thereof.

21-10 COLLECTION BY ACTUAL PRODUCERS, PRIVATE AND COMMERCIAL COLLECTORS AND OUTSIDE

COLLECTORS.

21-10.1 Requirements of Vehicles. The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire to dispose of such refuse, City licensed collectors collecting refuse in the City, and collectors of refuse from outside the City who desire to haul over the streets of the City shall use a water-tight vehicle or containers with tight covers to prevent offensive odors escaping and refuse from being blown, dropped or spilled. Refuse transporting units shall meet all requirements of this Chapter and any other governing law.

21-10.2 Disposal. Disposal of refuse by persons so permitted under Section 21-3 shall be made outside the City limits at a landfill licensed by the State for the disposal of such material.

21-11 RULES AND REGULATIONS. The City Commission by a resolution adopted by two-thirds of its members may make such reasonable written regulations or rules concerning the collection and disposal of refuse and relating to the hauling of refuse over City streets as it shall find necessary to implement the provisions of this Chapter. 21-12 INCINERATION AND HOME GARBAGE DISPOSAL MACHINE. Nothing contained in this Chapter shall be construed as preventing any person from burning combustible refuse and garbage within his or her own premises in an incinerator unit specifically designed for that purpose and which in no manner creates a nuisance or from disposing of garbage by means of a garbage disposal machine directly connected to the City sewer system. Except as permitted in this Section, no person shall burn garbage in the City. 21-13 CHARGES FOR REFUSE COLLECTION. A written schedule of charges for refuse collection within the City by licensed collectors shall be filed by each collector semi-annually with the City Clerk. The City Commission may review such rate schedules at a regular or special meeting. 21-14 ASSIGNED COLLECTIONS. A licensed collector may for just cause discontinue service to any customer within the City, provided the collector gives such customer at least two (2) weeks advance notice. If a customer is discontinued for any reason other than for refusal to pay his account with his collector and the customer is unable to retain the services of another

CHAPTER 21 SANITATION

(2017) 21-4

licensed collector, the City Manager may assign any such customer to another licensed collector. Such assignments shall be on a rotating basis. 21-15 YARD WASTE BAN. No person shall deliver to, deposit in, or accept for disposal in a landfill or solid waste incinerator any yard clippings. The open burning of yard clippings is prohibited. For the purpose of this Chapter, "yard clippings" includes leaves, grass clippings and brush.

(2017) 21-5

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 22-1

CHAPTER 22 - TREE REGULATIONS

22-1 DEFINITIONS (As used in this Chapter):

Department means the Department of Public Services of the City.

Park means and includes all public parks, public cemeteries, and areas owned by the City to which the public has free access.

Prohibited species means any tree of the species of poplar (populus sp.), willow (salix sp.), and box elder (acer negundo).

Public utility means any person or company owning or operating any pole, line, pipe or conduit located in any public street or over or along any public easement or right-of-way for the transmission of electricity, gas, telephone service, telegraph service or cable television.

Street means all of the land lying between property lines on either side of all streets, highways and boulevards in the City.

Superintendent means the Superintendent of the Department of Public Services.

Tree (unless the context clearly indicates otherwise) means trees, shrubs, bushes, and all other woody vegetation.

22-2 TREES ON PUBLIC STREETS AND PUBLIC PROPERTY. The provisions of Sections 22-4 through 22-9 except as otherwise specifically stated shall apply only to public streets, parkways, parks and other land publicly owned or controlled by the City. 22-3 ENFORCEMENT. The City Manager shall be charged with the duty of enforcing the provisions of this Chapter. 22-4 PERMITS FOR TREE PLANTING, CARE, REMOVAL. (A) The City Manager shall have control over all trees located within the right-of-way of streets and City parks, and the

planting, care and removal of trees therein subject to the provisions of this Chapter. Upon obtaining prior written permission of the City Manager, the owner of land abutting on any street may prune, spray, plant or remove trees in that part of the street abutting his or her land which is not used for public travel. No person shall prune, spray, plant or remove any tree in any street right-of-way or City Park without first obtaining a written permit from the City Manager. The permit shall specify the extent and conditions of the authorization.

(B) Where an owner of abutting property requests the removal of a tree, the City Manager is authorized as a condition to

granting approval for removal of a tree to see that the removal be made according to regulations established by the Department, that the property owner assume all or part of the costs of removing the tree, and that the cost of replacing the tree by another tree of an approved species.

(C) Any abutting property owner or other person who removes a tree in violation of this Chapter shall be responsible for

the value of the tree, determined in accordance with the Michigan Tree Evaluation Guide as prepared by the Michigan Forestry and Park Association.

22-5 REMOVAL OF DEAD, DISEASED AND PROHIBITED TREES. All dead trees and trees afflicted with any fatal or communicable disease shall be removed by the Department. The Department is authorized to remove any tree of a prohibited species. 22-6 REMOVAL OF OTHER TREES. A tree may be removed by the Department which is not dead or infected with any disease when the tree of an undesirable (though not prohibited) species, but only upon notice to the owner of the abutting property. If the owner files written objection with the City Clerk within forty-eight (48) hours after service of the notice, a public hearing on the removal shall be had before the City Commission, and the abutting owner shall be notified of the time and place of the hearing. The Department is authorized to remove any tree growing within any street, park or public place when the tree interferes with fire hydrants, sewer and water mains, visibility of street intersections, traffic control devices or construction within street right-of-way. 22-7 TREE PLANTING REGULATIONS. (A) A prohibited tree may not be planted on any private property within fifty (50') feet of any street or sidewalk right-of-

way or any sewer extension. (B) Shade trees planted in any street right-of-way shall be spaced not less than forty (40') feet apart except that trees

may be planted less than forty (40') feet from an existing tree in the right-of-way, provided the existing tree has been approved for removal within a period of two (2) years from the date of planting of a new tree. In order to provide a shade or ornamental tree in front of his or her lot, the owner of a single lot may secure special written permission from the Department to have a tree planted closer than forty (40') feet from an existing tree, but in no case shall the planting be within thirty (30') feet of an existing tree within the right-of-way.

CHAPTER 22 TREE REGULATIONS

(2017) 22-2

(C) Ornamental trees planted in any street shall be spaced not less than thirty (30') feet apart or not less than thirty (30')

feet from an existing tree. (D) Multi-stem trees (clump trees) or trees which have multiple branches which begin lower than thirty (30') feet shall not

be planted in a street. (E) Trees to be planted in a street shall have a minimum caliper of one and one-fourth (1 ¼") inches. 22-8 TREE PROTECTION. No person shall break, injure, mutilate, kill or destroy any tree or set any fire, or permit any fire, or the heat of a fire to injure any portion of any tree. No toxic chemicals or other injurious materials shall be allowed to seep, drain or be emptied on, near or about any tree. No electric wires or any other lines or wires shall be permitted to come in contact with any tree in any manner that shall cause damage. No person shall attach any electric insulation to a tree. No person shall use any tree as an anchor, and no material shall be fastened to or hung on a tree. All persons having under their care, custody, or control facilities which may interfere with the trimming or removal of any tree shall after notice by the Department, promptly remove the interference in a manner that shall permit the trimming or removal of the tree by the Department. 22-9 EXCAVATIONS NEAR TREES. Without a prior written permit from the City Manager, no personal shall construct a driveway or make an excavation within six (6') feet of a tree having a diameter of twelve (12") inches or less, or within ten (10') feet for every twelve (12") inches of diameter or part thereof of a tree. Any person making an excavation or construction shall guard any tree within six (6') feet thereof with a frame box to be approved by the Department. All building materials or other debris shall be kept at least four (4') feet from any tree. All persons desiring to make an excavation or construction shall deposit with the City a sum sufficient to cover the cost of inspection and any damage which may result therefrom. The amount of the deposit shall be determined by the City Manager. 22-10 TREES ON PRIVATE PROPERTY.

22-10.1 Tree Clearance. Every owner of any tree on private property overhanging any street or right-of-way shall trim the branches so that branches do not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8') feet above the surface of the street or right-of-way. An owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to trim any tree on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign. The trimming shall be confined to the area immediately above the right-of-way. All shrubs and bushes located on the triangle formed by two (2) right-of-way lines at the intersection of two (2) streets, and extending for a distance of twenty-five (25') feet each way from the intersection of the right-of-way lines on any corner lot shall not be permitted to grow a height of more than thirty (30") inches above the surface of the roadway in order that the view of the driver of a vehicle approaching a street intersection shall not be obstructed. Single trunk trees may be planted and maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight (8') feet above the roadway surface.

22-10.2 Diseases and Infestations. When the City Manager shall discover that any tree growing on private property is afflicted with any dangerous and infectious insect infestation or tree disease, the City Manager shall serve a written notice upon the owner of the property describing the tree, its location and the nature of the infestation or tree disease, ordering the owner to take measures as may be reasonably necessary to cure the infestation or disease and to prevent the spreading thereof, and specifying the measures required to be taken. The order may require the pruning, spraying or destruction of a tree as may be reasonably necessary. Every notice shall be complied with within ten (10) days after service upon the owner of the property on which the afflicted tree is located, or within such additional time as may be stated in the notice.

22-10.3 Appeal. In case the owner of the property shall feel aggrieved by an order of the City Manager requiring the treatment or destruction of a tree, he or she may within forty-eight (48) hours make an appeal to the City Commission by communication filed with the City Clerk. The Commission shall hear the appeal at its next regular meeting unless another time shall be set, and shall determine the matter under expert advice that may be necessary.

22-10.4 Owners Failure to Comply. In case the owner of the property refuses to carry out the order of the City Manager within the time limit, or in case of an appeal within five (5) days after the City Commission shall have affirmed the order, the City Manager shall carry out the pruning, spraying, or destruction of the tree(s) as deemed necessary and shall bill the owner of the property for the cost thereof. In case the owner of the property shall fail to pay the bill within thirty (30) days after the same has been rendered, the City Manager shall report the same to the City Commission for collection as a single lot assessment against the property in accordance with the City Charter. Without serving the above notice when the owner of any private property shall consent to and pay the reasonable cost of, the City Manager may cause trees growing on private property to be sprayed when necessary on account of any infestation or disease, or threat of infestation or disease.

22-10.5 Inspection. The City Manager shall have authority to enter upon private premises for the purposes of examining any trees, shrubs, plants, or vines for the presence of destructive insects or plant diseases. No damages shall be awarded for the destruction of any tree, shrub, or plant or fruit or injury to the same if done in accordance with this Chapter.

CHAPTER 22 TREE REGULATIONS

(2017) 22-3

22-11 RULES AND REGULATIONS. The City Manager, subject to the approval of the City Commission, shall make rules and regulations supplementary to this Chapter as from time to time he or she deems necessary. Until changed pursuant to this Section, the rules and regulations in effect at the adoption of this Code shall continue in effect. No person shall fail to obey any rule or regulation made pursuant to this Section.

(2017) 22-4

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 23-1

CHAPTER 23 - AIRPORT 23-1 ADOPTION OF RULES AND REGULATIONS BY REFERENCE. Those certain rules and regulations entitled "Rules and Regulations - Three Rivers Municipal Dr. Haines Airport" as approved by the City Commission following the conclusion of a public hearing on May 21, 1975, and pertaining to the operation, management, control and use of the Airport are hereby adopted by reference. 23-2 AVAILABILITY OF RULES AND REGULATIONS. Complete printed copies of the Rules and Regulations shall be available for public use and inspection at the offices of the City Clerk and the Airport Manager. The Airport Manager is authorized and directed to reasonably furnish copies of the Rules and Regulations to all interested parties using the Airport. RULES AND REGULATIONS SECTION I FORWARD 1. The Airport is owned and operated by the City of Three Rivers, a municipal corporation, organized under the statutory

authority of the State of Michigan. The Three Rivers Municipal, Dr. Haines Airport, is governed by the City of Three Rivers, which has adopted the following rules with respect to the Airport to provide for the safety and proper conduct of persons and property using the Airport. The following rules and regulations are to be construed in conformity with all Federal, State or Local laws.

2. The Rules and Regulations presented within this instrument are designed to provide the basis for the maximum

public safety possible in the operation of the Three Rivers Municipal, Dr. Haines Airport. Aircraft safety, either while airborne or on the ground, and safety with regard to the necessary vehicular traffic at the Airport are the first criteria for operation at the Three Rivers Municipal, Dr. Haines Airport.

3. Inasmuch as various organizations and individuals using the Airport, necessarily have widely varying operation

requirements, these Rules and Regulations were formulated so as to approach these needs, consistent with Airport safety. Copies of these Rules and Regulations will be issued to all organizations and individuals consistently using the Three Rivers Municipal, Dr. Haines Airport. When from time to time changes or additions are made in the regulations, they will be circulated as "page changes" to the basic instrument.

SECTION II DEFINITIONS 1. Airport - as referred to hereinafter means the Three Rivers Municipal, Dr. Haines Airport, located on Highway M-60

East, County of St. Joseph. 2. Airport Manager or Airport Management - means the Manager of the Airport or his duly authorized representative. 3. Federal Aviation Administration or FAA - was created by the Federal Government under the Federal Aviation Agency

Act of 1958 as amended or to such other governmental agencies as may be successor thereto or be vested with the same or similar authority.

4. Michigan Aeronautics Commission or MAC - was created by the State of Michigan under Act No. 327 of the Public

Acts of Michigan for 1945. 5. Board - means the Airport Advisory Board. 6. Persons - means any individual, firm, co-partnership, corporation, company, association, joint stock association, or

political body and includes any trustee, receiver, assignee, or other representative thereof. 7. City Commission - means the Three Rivers City Commission. 8. City Manager - means the City Manager of the City of Three Rivers, who is the immediate supervisor of the Airport

Manager. 9. Minimum Standards - as used herein refers to the minimum standards for Aeronautical Services at the Three Rivers

Municipal, Dr. Haines Airport, as adopted by the City Commission of the City of Three Rivers, Michigan. SECTION III 100 - GENERAL 100.1 Airport Manager. All persons on any part of the property comprising the Airport shall be governed by the regulations prescribed herein and by orders and instructions of the Airport Manager relative to the use or occupation of any part of the property comprising the Airport, particularly as shall be required in any emergency or as the public convenience and necessity shall demand.

CHAPTER 23 AIRPORT

(2017) 23-2

100.2 Previous Regulations. These regulations supersede and cancel all previous rules and regulations as may have been established prior to May 21, 1975, with respect to Airport operations and facilities by both the owner and any former airport management. 100.3 Enforcement. Each and every employee of the Airport Management, City of Three Rivers, persons or organizations with contracts to operate a commercial enterprise on the Airport shall promptly report any violations of Airport regulations to the Airport Manager or his representative. No authority is implied or expressed that would permit any individual other than the Three Rivers City Commission to change, amend or mitigate these rules and regulations. Any person operating an aircraft, a vehicle, equipment, or using the Airport and any of its facilities in violation of these rules and regulations or regulations of the Michigan Aeronautics Commission or F.A.A. or refusing to comply therewith may be promptly removed from the Airport and may be subject to such fines or punishment as determined by law. Any person or persons may be deprived of and refused the further use of the Airport and its facilities by the Airport Manager as may be required to ensure safeguard of the Airport and the public. 100.4 Damages. The Airport Manager, City Manager, City Commission, Airport Advisory Board, or employees thereof, will not assume any responsibility for damage to the property of persons stored therein or thereon when using the Airport facilities, by reason of fires, theft, vandalism, wind storm, flood, earthquake, and/or collision; nor do they assume any liability by reason of injury to persons while on the Airport or while using the facilities of the Airport. 100.5 To Protect Traffic. No trespassing is allowed on Airport property and travel is confined to roads, walks, or places provided for the particular class of traffic authorized. Except as permitted by the Airport Management, cars are to be parked in the parking lot only. Only authorized personnel are permitted in the hangars, and no person shall enter any restricted area posted as being closed to the public except those on duty therein or authorized to enter the area by the Airport Management. Animals are not permitted on the Airport unless on a leash and under supervision of the owner. 100.6 Flight Instruction. Flight instruction is that instruction for which a charge is made by a certified flight instructor or flight school. Flights wherein a student is picked up and deposited at the Three Rivers Airport or wherein advertising offers this service shall be deemed a commercial operation requiring a license with the City of Three Rivers, Michigan. 100.7 Business Activity. No person shall be allowed to engage in any business or commercial activity of any nature on the Airport except under terms and conditions as may be prescribed by the City Commission. There shall be no solicitation of funds for any purpose without the permission of the Airport Manager. There shall be no posting, distributing, advertising through means of circulars, printed or written matter except by approval of the Airport Manager. 100.8 Flammables. No person shall improperly store or discard any flammables as, but not limited to, liquids, gases, oil rags, or other similar material in or adjacent to hangars or in other buildings on the Airport. 100.9 Conduct. No person shall conduct gambling in any form or operate gambling devices anywhere on the Airport. No person shall destroy, injure, or deface property of the Airport. No person shall commit any disorderly, obscene, indecent or unlawful act or commit any nuisance on the Airport or in the hangars. Positively no intoxicating alcohol or drugs will be consumed on the premises. No pilot, crew member or passengers are allowed to operate aircraft on the Airport while under the influence of alcohol or drugs. 100.10 Smoking. There shall be no smoking in any public hangar within one hundred (100) feet of a gas truck or gas pumps, or while an aircraft is being fueled or defueled. 100.11 Payment of Fees and Charges. No person shall refuse or attempt to evade payment of any charges as established for the use of Airport facilities and/or service. 100.12 Property Damage. Any person or persons causing damage or destruction of Airport property shall be fully responsible therefore. 100.13 Lost Articles. Any person finding lost articles shall deposit them in the office of the Airport Manager. 100.14 Sanitation. No person shall deposit garbage, wastepaper, metal cans or other refuse except in receptacles provided for that purpose. 100.15 Aircraft Storage. Tenants storing aircraft will be permitted to perform preventative maintenance on their aircraft as defined by the F.A.A. For services requiring an aircraft mechanic, see regulation 100.7, Business Activity. The occupant of a private hangar or building shall be responsible for the care of the ground and apron area immediately adjacent to the private hangar as well as maintain good housekeeping inside the unit. Exceptions to the provisions of this Section, not in conflict with any law or other regulations, may be included in any lease for aircraft storage or hangar space by mutual agreement of the parties. 100.16 Signs. No signs of any sort or description shall be erected on any building or Airport property without the approval of the Airport Manager.

CHAPTER 23 AIRPORT

(2017) 23-3

SECTION IV 200 - MOBILE SERVICES 200.1 General. No person shall operate any motor vehicle on the Airport otherwise than in accordance with the rules prescribed by the owner and other applicable motor vehicle laws and the Michigan Vehicle Code. 200.2 Operator's Certificate. No person shall operate motorized equipment of any kind on the Airport unless he/she shall at the time of such operation possess a valid State motor vehicle operator's or chauffeur's license. 200.3 Intoxicants. No person shall be permitted to operate any mobile vehicle or equipment on the Airport while under the influence of any habit forming drug, narcotic, or intoxicating liquor. 200.4 Restricted Area. No person shall operate any mobile vehicle or equipment on the aircraft loading aprons, aircraft landing area, taxiway, or beyond the hangar line with the exception of (1) persons assigned to duty therein, or (2) persons with authorization of the Airport Management. 200.5 Obstruction in Gate Area. No person shall park or place any mobile vehicle, equipment, or apparatus within the aircraft loading area in such a way or manner as to bar or obstruct the area to parked aircraft. 200.6 Speed Limits. Persons operating mobile vehicles within the confines of the aircraft area shall use extreme caution and shall not exceed a speed of ten (10) miles an hour at any time. 200.7 Parking Area. No persons shall park a mobile vehicle in any area other than that area designated for the parking of vehicles and in such manner as may be prescribed. 200.8 Time Limits. No person shall park any mobile vehicle in excess of the time limit established and posted, or in a reserved or restricted area unless instructed to do so by authorized personnel. 200.9 Vehicle Lights. All mobile vehicles except motorcycles, operated on the Airport between the hours of sunset and sunrise shall be equipped with two headlights and one or more tail lights; the headlights shall be of sufficient brilliance to insure safe operation at night. Lights shall be on at all times during the hours of darkness that the vehicle is being operated, and when parked in such area that it constitutes a hazard to Airport operations. 200.10 Abandoned Vehicles. No person shall abandon any vehicle on Airport property. 200.11 Traffic Signs. Operators of mobile vehicles on the Airport shall observe and comply with all traffic signs and signals. 200.12 Pedestrian Traffic. Pedestrian traffic shall have right-of-way over all vehicular traffic while on the Airport. 200.13 Repair of Motor Vehicles. No person shall clean or make any repairs to motor vehicles anywhere on the Airport other than in designated shop area except those minor repairs necessary to remove such motor vehicle from the Airport. No person shall move (interfere with or tamper with) any motor vehicle part or put in motion the engine, or take, or use any motor vehicle until satisfactory evidence of the right to do so is duly presented to the Airport Manager. 200.14 Common Carrier. No common carrier vehicle or vehicles for hire shall loan or unload passengers at the Airport at any place other than that designated by the Airport Manager. 200.15 Moving of Vehicles. The Manager shall have the authority to tow or otherwise move motor vehicles which are parked by their owners or operators on the Airport in violation of the regulations of the Airport, whenever it is determined by the Airport Manager that such motor vehicles so parked create a nuisance or hazard. The Airport Management shall have the authority to make a reasonable charge against the owner or operator of such vehicle for such towing or moving service, and the vehicles so towed or moved shall be subject to lien for such charge. 200.16 Snowmobiles, Motorcycles, Dune Buggies. Except in the public automobile parking area, no one shall operate a snowmobile, motorcycle, trail bike, dune buggy, or similar vehicle on the Airport property at any time. SECTION V 300 - AIRCRAFT OPERATIONS 300.1 General Aeronautical Rules. No person shall navigate any aircraft, land upon the Airport, fly same from the Airport, service, maintain or repair any aircraft on the Airport, or conduct any aircraft operations on or from the Airport in any manner not in conformity with the current Federal Air Regulations, regulations prescribed by the Michigan Aeronautics Commission, or the rules and regulations pertaining to operations on the Three Rivers Municipal, Dr. Haines Airport. 300.2 Special Provisions. The Airport Management shall have the right (in accordance with current Federal Air Regulations) to make special provisions for traffic control on the ground or in the traffic pattern of the Airport. The Airport Manager, when he/she deems it necessary in the interest and safety of the public, shall have the authority to suspend operations at the Airport. No person shall solicit or offer flight training, operate a ground school, conduct similar operations, pick up or deliver aeronautical trainees, passengers or cargo at the Airport until such person has:

CHAPTER 23 AIRPORT

(2017) 23-4

(1) Complied with all requirements of the Federal Aviation Administration, the Michigan Aeronautics Commission and Airport Rules and Regulations, and

(2) Entered into a written agreement detailing the scope of their activities to be conducted at the Airport. 300.3 Propping and Starting. There shall be no "hand propping" or starting an aircraft unless there is a licensed pilot or mechanic at the controls. Airplanes must be chocked or adequately braked for starting. If no occupant is at the controls of a propping aircraft, the aircraft must be securely tied before starting. No pilot will at any time leave the airplane when the engine is running unless there is another competent operator at the controls or the aircraft is secured. 300.4 Unattended Aircraft. No aircraft shall be left unattended on the Airport unless properly secured or in a hangar. Owners or operators of such aircraft left unattended shall be held responsible for any damage resulting from failure to comply with this rule. 300.5 Taxing and Flight Rules.

(a) No person shall taxi an aircraft until he/she has ascertained by visual inspection of the area that there will be no danger of collision with any person or object in the immediate area.

(b) No aircraft shall be operated in a careless or reckless manner or taxied other than at a safe and reasonable speed. (c) There is established a traffic pattern. All pilots will be expected to become familiar with the ground and air traffic

patterns posted in the office and follow them. (d) The runway most nearly aligned with the prevailing wind will be designated as the "active". Pilots wishing to use

other than the "active" should first alert the area on unicom frequency, if so equipped. (e) All radio equipped aircraft should, as a matter of good procedure, call on unicom frequency prior to traffic pattern

entry to obtain landing advisory. Aircraft not radio equipped will be expected to make at least a one-half circuit of the Airport to determine runway in use. If unicom is not in operation, inbound aircraft will determine runway in use by visual methods and announce intentions on the downwind leg.

(f) Taxing in and out of hangars is prohibited. (g) No person shall run the engine or engines of any aircraft at any location on the Airport in such a manner as to cause

damage to other aircraft, excessive noise, blow paper or other materials across taxiways or runways in such a manner as to endanger the safety of operations on the Airport.

(h) No formation take-offs or landings will be permitted. On final approach, the pilot will determine that aircraft on the

runway will be able to clear the "active" before completing approach. (i) No take-offs or landings will be made at other than runways. Take-offs and landings on the taxiways are positively

prohibited. (j) Parachute jumping is permitted at the Airport as a recognized aeronautical use subject to reasonable limitations for

the safe operation of the Airport and reasonable restrictions to serve the civil aviation needs of public as recognized by Federal Aviation Administration.

(k) Glider towing or glider operations from the Airport will be permitted only with permission of the Airport Manager. 300.6 Compulsory Insurance Requirements. All tenant aircraft based on the Airport must be covered by public liability and property damage insurance. Copies of the policy or other appropriate data must be submitted to the Airport Manager to indicate proof of insurance. 300.7 Storage Areas. Only authorized personnel are allowed in the aircraft storage area of the hangars. 300.8 Practice Landings. All pilots desiring to use the facilities of the Airport for landings shall notify the flight office on unicom, if so equipped, and guard the frequency while in the traffic pattern. 300.9 Improperly Parked Aircraft. At the request of the Airport Management, the owner, his/her agent, or the pilot of any aircraft parked or stored at the Airport shall move such aircraft to another location when the Airport Manager deems it necessary in the interest of public safety or for the convenience or necessity of Airport operations. In the event the person having control over such aircraft is not reasonably available at the Airport, or upon refusal of such person to comply with such request after reasonable notice, then the Airport Manager shall have the right to have such aircraft towed to the specified location at the owner's expense and without any liability should damage result therefrom. 300.10 Disabled Aircraft. The owner, operator, or their agent(s) shall be responsible for the prompt removal of disabled aircraft and/or parts from the landing area unless instructed otherwise for the purpose of an investigation. 300.11 Junk Aircraft. The Airport Manager reserves the right to give reasonable notice to owners of unflyable or junk aircraft for prompt removal from Airport premises.

CHAPTER 23 AIRPORT

(2017) 23-5

300.12 Hangar Tenants. All tenants shall take care not to leave aircraft or vehicles parked in such a manner as to hinder or endanger the movement of other aircraft or ground vehicles. Tenants shall close hangar doors if away overnight or during periods of inclement weather. 300.13 Simulated Emergencies. No operator of any aircraft shall simulate an emergency within the traffic pattern or on the Airport contrary to the normal flow of traffic unless the Airport Manager has been notified. 300.14 Restricted Aircraft. No person shall operate any aircraft on the Airport if such aircraft is so constructed, equipped, or loaded as to endanger, or likely to endanger persons or property on the surface. 300.15 Fire Apparatus. All tenants or lessees of hangars or shop facilities shall supply and maintain adequate and readily accessible approved fire extinguishers to extinguish fires such as engine backfires when starting, etc. 300.16 Refusal of Clearance. The Airport shall be closed to VFR flying when conditions are below those stated in the Federal Air Regulations for VFR flight. IFR rated pilots on an IFR flight plan will be permitted arrivals and departures. 300.17 Lighting Facility Damage. Any person damaging any light or fixture by means of contact with aircraft shall report such damage to the Airport Management immediately and shall be fully responsible for any cost required to repair or replace the damaged facility. Any aircraft operator who lands on a closed runway and causes damage or taxies on turfed areas causing damage to turf shall be fully responsible for any cost required to repair or replace damaged turf. 300.18 Demonstrations. No experimental flight or ground demonstrations shall be conducted on the Airport without approval of the Airport Manager. 300.19 Model Aircraft. Except for two (2) model airplane "U" control circles adjacent to entrance-drive, no one shall fly or cause to fly any power radio control or non-radio control model airplane on Airport property without approval of the Airport Manager, and then only in the area(s) designated by him/her. 300.20 Fueling or De-Fueling of Aircraft. No aircraft shall be fueled or de-fueled while passengers are on board the aircraft unless, where required, a passenger loading ramp is in position at the cabin door of the aircraft. The cabin door must be in the unlatched position. No other persons except those servicing the aircraft and its occupants will be permitted within one hundred feet of an aircraft during refueling. 300.21 Night Operations. (a) Night operations (between sunset and sunrise) shall be conducted in accordance with the rules of this Section and

applicable FAR's. (b) In the interest of energy conservation, no practice touch and go landings will be permitted between 2400 and 0600

local hours. This shall include a series of touch and goes to a full stop. (c) Prior to takeoff or landing, pilots should determine by the best means available which runway is most nearly aligned

with prevailing winds, check for other traffic, and if the flight office is closed, announce his/her intention on unicom frequency 122.8.

(d) Inbound aircraft should determine by the best means available the runway in use and announce their intentions on

unicom. (e) Pilots remaining in the pattern should announce their position on downwind leg on unicom frequency. 300.22 Amendment of Regulations. These regulations may be amended from time to time by the Three Rivers City Commission. 300.23 Penalties. For the enforcement of these regulations, in any appropriate instance, the Airport Management may invoke the aid of local law and State enforcement officials according to the provisions of the Aeronautic Code, Chapter IX, Section 259,176, Michigan laws relating to aviation, which provides fines and/or imprisonment for certain infractions committed in connection with the Airport. 300.24 Fees and Charges. The City Commission shall have the right to charge a reasonable fee for any services provided at the Airport as well as to negotiate and regulate adequate charges with other concerns and individuals who may provide charter service, scheduled service, instruction and plane rentals, etc. at the Airport. 300.25 Non-Discrimination Clause. Every commercial operator at the Airport shall agree not to discriminate on account of race, creed, color, sex, or national origin in any of the operations or use of the Airport facilities. 300.26 Subordinate Provisions. These rules and regulations will be subordinate to the provisions of any existing or future regulations established by the F.A.A. and the Michigan Aeronautics Commission. 300.27 Effective Date. The foregoing rules and regulations became effective on May 21, 1975 upon adoption by the Three Rivers City Commission and shall remain in effect until suspended or terminated by the Commission.

CHAPTER 23 AIRPORT

(2017) 23-6

SECTION VI 400 - FIRE REGULATIONS 400.1. All persons using the Three Rivers Municipal, Dr. Haines Airport area or facilities of the Airport shall exercise the utmost care to guard against fire or injury to persons or property. 400.2. All persons shall observe and comply with "No Smoking", "Fire Lane", and other fire prevention type signs. 400.3. No rubbish, paper, or debris of any kind shall be permitted to be stored in or near hangars or other structures. Owners and tenants shall provide suitable metal receptacles with airtight covers for the storage of oily waste, rags and other rubbish. Contents of these receptacles shall be removed at reasonable intervals. 400.4. Maintenance of aircraft in aircraft maintenance hangars shall consist of inspections, minor and major repairs of power plants, airframes, and related accessories using accepted maintenance procedures and materials. Welding should be accomplished in a designated welding area with suitable precautions taken to prevent fire. 400.5 Cleaning of engine parts or aircraft parts shall preferably be done with non-flammable liquids. If volatile flammable liquids are employed for this purpose, cleaning operations will be conducted in open air with adequate and proper fire extinguishing equipment readily available and at hand. 400.6. The storage (in aircraft maintenance hangars) of gasoline, kerosene, ethyl, ether, or other flammable liquids including those used in connection with the processes of doping and finishing shall be used in compliance with the regulations of the National Board of Fire Underwriters and the National Fire Protection Association. Copies of these regulations are available from the State Fire Marshal, c/o Michigan State Police Post, East Lansing, Michigan. 400.7. Empty oil, paint and varnish cans, bottles, or other containers shall be removed immediately from the premises and shall not be allowed to remain on floors, shelves, wall stringers, or other locations in or near any structures. 400.8. Floors on aircraft maintenance hangars shall be kept clean and free of oil at all times. The use of volatile, flammable substances for cleaning of floors is prohibited. 400.9. All Airport tenants shall comply with Fire Regulations of the City of Three Rivers and the State of Michigan. SECTION VII 500 - AIRCRAFT FUELING AND DEFUELING 500.1. Aviation tenants whose basic lease provides the right to dispense aviation fuel to the general public and desire to exercise such right shall: (a) Submit aviation fuel services date for approval which shall specify hours and types of service, types of fuel offered,

lubricants, associated products, fees and charges. (b) Utilize only fuel storage and dispensing facilities which meet all safety requirements of appropriate local, state and

federal agencies and authorities. (c) Secure written approval from the City Commission prior to installation of storage and fixed dispensing units or before

the acceptance of delivery of any new type fuel such as jet fuel, higher octane gasoline, etc. (d) Establish and file with the Airport Management a schedule of retail sale prices of all grades of aviation fuel, which

prices shall be comparable to fuel prices on other airports in the State of Michigan. (e) Not reduce the hours of specified attended service or increase specified charges or fees until thirty (30) days after

appropriate notice has been filed with Airport Management. (f) A fuel flowage fee for each gallon of fuel delivered to the premises (if applicable) will be paid to the City of Three

Rivers monthly together with supporting invoices and detail of dates, type, and quantities of fuel delivered, as specified in the respective agreements.

(g) Fuel tenders shall be appropriately marked as to identifications of fuels. Fuel dispensing outlets will be properly

marked as to type and grade of fuel. "No Smoking" and "Flammable" signs will be posted on both sides and on the rear of all fuel tenders.

(h) Not operate aviation fuel tenders on taxiways or runways unless equipped with operating ground frequency radio and

rotating beacons of a type that is approved by the Airport Manager. (i) Furnish evidence of sufficient insurance coverage, which is satisfactory to the City Manager, for public liability,

property damage, and products liability. All such insurance will name the City of Three Rivers, the Airport Advisory Board, and the Airport Management as additional insured; and the City of Three Rivers will be saved harmless by any and all aviation tenants. This insurance shall be carried with insurance companies licensed to do business in the State of Michigan, and such companies shall furnish the City of Three Rivers with Certificate of Insurance indicating the coverage and expiration date of any policy.

CHAPTER 23 AIRPORT

(2017) 23-7

500.2. No aviation fuels, lubricants, oils, greases, chemicals or other harmful liquids or materials shall be caused to be deposited, drained onto, or left on any paved surfaces of the Airport. 500.3. No aircraft fuel tank shall be fueled or defueled in any building or structure on the Three Rivers Airport. 500.4. No fuel shall be transported into or on the Airport in bottles, cans, or other containers; and no fuel or other flammable liquids shall be stored or left in such bottles, cans, or containers in any Airport building or structure.

SECTION VIII 600 - TEE HANGARS AND TIEDOWNS Aviation tenants and/or users of tenant tee hangar buildings and tiedown areas on the Airport shall: 600.1. Use the hangar building or ground space being leased or rented for the storage or parking of aircraft and items immediately incidental to its use, and for no other purpose without permission of the Airport Manager. 600.2. Abide by all rules, regulations, ordinances, and/or laws applicable to the use of the Airport buildings and the Airport property promulgated by the City, State, or United States Government or agencies thereof, as the same may be amended from time to time. 600.3. Have aircraft removed completely from hangars and positioned with the longitudinal axis of the aircraft parallel to the plane of the door opening before starting engines to prevent unnecessary blowing of dirt and debris on adjoining aircraft and hangars, and to minimize the possibility of fire damage to aircraft and hangars. 600.4. Not conduct any commercial or industrial activity in tee hangars nor permit the use of tee hangars or tiedown areas by others for any non-approved activity or use. 600.5. Not make any structural changes, alterations, or repairs to tee hangars without approval in writing from the Airport Manager. 600.6. Not allow any explosive materials of any kind to be within said hangar or tiedown area at any time except such material as is necessary to the operation of the aircraft and then only if it is actually contained within the fuel tank or engine of the aircraft. 600.7 Not drain fuel pumps or oil reservoirs directly on the asphalt or bituminous surfaces of the Airport. Drainage should be caught in a container and disposed of accordingly, in compliance with Section VII - 500.2. 600.8. Not permit any mechanical or electrical installations to be made in or on tee hangars without the written approval of the Airport Manager. This is understood to include installation of heating plants. 600.9. Not sublet or assign tee hangars / tiedowns without the written permission of the Airport Manager and shall return keys to such tee hangars upon cancellation of lease. In addition, the Airport Manager will be provided with a duplicate key or other means of entering the tee hangar. 600.10. Have on file with the Airport Management and City Manager a completed and signed hangar or tiedown tenant lease agreement as required by the City of Three Rivers. Compliance with the terms and conditions of such lease agreement is hereby incorporated into these regulations by reference thereto. SECTION IX 700 - FLYING CLUBS 700.1. The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards. 700.2. Each club must be a non-profit corporation or partnership. Each member must be a bonafide owner of the aircraft or a stockholder in the corporation. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance, and replacement of its aircraft. The club will file and keep current with the Airport Manager a complete list of the club's membership and investment share held by each member. 700.3. The club's aircraft will not be used by other than bonafide members for rental and by no one for commercial operations. Student instruction can be given in club aircraft to club members provided such instruction is given by a lessee based on the Airport who provides flight training or by an instructor who is a member of the club and who shall not receive remuneration in any manner for such service. 700.4. In the event that the club fails to comply with these conditions, the Airport Manager will notify the club in writing of such violations. If the club fails to correct the violations in 15 days, the Airport Manager may take any action deemed advisable by the City of Three Rivers.

CHAPTER 23 AIRPORT

(2017) 23-8

700.5. Each aircraft owned by the flying club must have aircraft liability insurance coverage for the following amounts:

Aircraft liability, bodily injury: $100,000 each person $300,000 each accident

Property damage: $100,000 each accident 700.6. This Section (700) of the Airport Rules and Regulations shall in no way be construed to exempt flying clubs or similar operations (partnerships, co-operatives, non-profit enterprises, etc.) from the Federal, State and Local rules and regulations as appropriate to the operations of aircraft. SECTION X 800 - MINIMUM STANDARDS 800.1. General. Any person, partnership, corporation or group of individuals desiring to provide one or more aeronautical services using the Three Rivers Municipal, Dr. Haines Airport, or any portion thereof must adhere to these standards as a minimum requirement to establish such services. 800.2. Aircraft Sales. Any aeronautical service desiring to engage in the sale of new and used aircraft must lease / or provide as a minimum the following:

800.2a. Land. Tiedown space shall be provided separate from the public tiedown area to secure all aircraft which are not in a hangar whether owned, leased, or brokered by the sales service. Tiedowns shall conform to FAA Advisory Circular AC20-35B unless exempted for good cause by the Airport Manager.

800.2b. Buildings. Service must provide suitable office space approved by the Airport Manager that is properly lighted and heated with space for public use telephone. Service must provide for his or her own business telephone. Indoor rest rooms will be provided in the office building. Service must provide, by ownership or lease, hangar space to house a minimum of two aircraft of the size and shape offered for sale.

800.2c. Personnel. Service must provide one or more persons holding a pilot certificate and rating appropriate for the type of aircraft to be demonstrated. Provisions must be made for office to be attended a minimum of eight (8) hours per day, five (5) days per week excluding legal holidays.

800.2d. Equipment. A dealer in new aircraft shall either own, have exclusive lease, or have a firm order on a minimum of one current model demonstrator aircraft.

800.2e. Parts and Service. A dealer shall have an adequate supply of parts available and a contract with servicing facilities to provide maintenance service to customer aircraft during warranty period.

800.2f. Insurance. Dealer shall carry commercial insurance coverage on demonstrator aircraft of not less than $100,000 per person, $300,000 each accident, $100,000 property damage, and $100,000 passenger liability.

800.3. Airframe and/or Power Plant Repair. Any aeronautical service desiring to engage in airframe and/or power plant repair service must provide as a minimum the following:

800.3a. Land. Sufficient area to be leased from the City and not on the public parking ramp to temporarily park or tie aircraft being worked on but not hangared, awaiting shop openings, or owner pick-up.

800.3b. Buildings. Service must provide by lease or construction (or combination thereof) a building with a minimum of 4,000 square feet for the storage or parts and aircraft. Building shall be able to house a minimum of one medium twin and one smaller aircraft. Building must provide proper lighting, and heated restrooms for customers and service employees. A restroom shall be in, or in close proximity to the shop building.

800.3c. Personnel. Service must provide a minimum of one person currently certified by the FAA with ratings appropriate for work being performed. Also, there shall be a currently rated Aircraft and Power Plant Inspector, or a contract with a current inspector to perform licensing and such other duties as are normally required. Additional personnel, if needed, shall be provided to keep office attended a minimum of eight (8) hours a day, Monday through Friday, and at least four (4) hours on Saturday. Legal holidays may be excluded. Provisions will be made when practical for emergency service during hours when office or shop is not open.

800.3d. Equipment. Sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturer's recommendations or equivalent on various types of aircraft normally services by the shop.

800.3e. Insurance. Airport general liability coverage in the minimum amount of $100,000 each person, $300,000 each accident, $100,000 property damage, $100,000 hangar keepers liability coverage and products / service liability coverage shall be provided as a minimum of the repair service.

800.4 Aircraft Rental. Any aeronautical service desiring to engage in the rental of aircraft to the public shall provide as a minimum the following:

800.4a. Land. Sufficient area to be leased from the City to tiedown all aircraft offered in the rental program not housed in the hangars. This area shall be other than the public parking ramp.

CHAPTER 23 AIRPORT

(2017) 23-9

800.4b. Buildings. Sufficient hangar space shall be provided by lease with the City or construction to house a minimum of two aircraft normally offered for rent. In addition thereto, sufficient office space shall be provided for proper conduct of the business, which shall be adequately lighted and heated with public use phone with private listing with flight service phone or equivalent available on the Airport. Restrooms will be available to employees and customers. Adequate restrooms will be provided in or in close proximity to the office building.

800.4c. Personnel. A minimum of one person with appropriate ratings available for legally checking out rental customers in all aircraft offered for rental. Additional persons, if required, to attend the office during normal working hours.

800.4d Aircraft. Service shall own or have available a minimum of one aircraft equipped for flight under instrument conditions.

800.4e Hours of Operation. Minimum hours of operation shall be eight (8) hours per day, six days per week. Legal holidays may be excluded.

800.4f. Insurance. Insurance coverage shall be at a minimum of $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage, $100,000.00 passenger liability (student if applicable) and rental coverage in like amounts.

800.4g. Maintenance. Aircraft to be maintained according to current FAR's with a contract with an appropriate repair facility.

800.5 Flight Training. Any service or individual desiring to engage in pilot training and/or flight instruction for hire shall provide as a minimum standard the following:

800.5a. Certification. All dual flight instruction shall be given by a flight instructor who is FAA certified for the appropriate course being taught. All ground instruction shall be given by either a flight instructor or ground instructor who is FAA certified for the appropriate course being taught. All ground instruction shall be given by either a flight instructor or ground instructor who is FAA certified for the appropriate course being taught. All instructors, full or part-time, will also be registered with the Michigan Aeronautics Commission and with the Three Rivers Airport Manager. Service will have available and meet all the applicable requirements of R-259.321 through R-259.325, Rules and Regulations of the Michigan Aeronautics Commission.

800.5b. Land. Service shall provide sufficient tiedown space outside the public ramp to be leased from the City of Three Rivers to serve all aircraft used in the training program which are not regularly hangared.

800.5c. Building. Service shall lease or construct an adequate building to serve as office, lounge, classroom, etc. to meet the requirements of R-259.321 through R 259.325 of the Michigan Aeronautics Commission.

800.5d. Personnel. A minimum of one person certified by the FAA as a flight instructor with proper ratings to cover all pilot courses offered. Additional persons as necessary to attend office during normal working hours.

800.5e. Aircraft. A minimum of one aircraft of the type normally used in primary pilot training will be provided at all times. In addition, there shall be one aircraft equipped for primary instrument flight training. Aircraft shall be owned or exclusively leased (in writing) by the service.

800.5f. Hours of Operation. Minimum hours of operation shall be eight (8) hours per day, six (6) days per week, excluding holidays.

800.5g. Insurance. Insurance coverage shall be a minimum of $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage, $100,000.00 passenger liability; student and rental coverages included.

800.6 Freight, Air Taxi, or Charter Services. Any service desiring to engage in freight, air taxi, or charter services shall provide as a minimum the following:

800.6a. Land. Sufficient tiedown area, not on the public ramp, to secure all aircraft not normally hangared and used by the service.

800.6b. Buildings. A minimum of one hangar leased from the City of Three Rivers or constructed suitable to house at least one of the aircraft used in the service. In addition thereto, office space shall be provided for office, lounge, flight planning, and restrooms. Restrooms will be provided in or adjacent to the lounge.

800.6c. Personnel. A minimum of one or more FAA certified pilots with appropriate ratings and current flight checks to conduct the service offered and additional personnel, if required, to attend the office during normal working hours. During unattended hours, a memory phone or after hour phone shall be provided to take calls.

800.6d. Aircraft. One four place aircraft with more than one engine, which complies with the instrument flight equipment requirements of FAR 135 must be owned or leased in writing. For flights in forecasted light to moderate icing conditions, an aircraft conforming to FAR 135.85 will be available, or owned, or leased in writing by the service for the freight, air taxi, or charter service.

CHAPTER 23 AIRPORT

(2017) 23-10

800.6e. Hours of Operation. Minimum hours of operation shall be eight (8) hours per day, six (6) days per week, excluding holidays. Provisions for reasonable after hour on call service will be made.

800.6f. Certification. Operator must meet all provisions of FAR Part 135 for single and multi-engine land, day and night and IFR operations with required personnel for IFR or auto-pilot requirements.

800.6g. Insurance. Insurance coverage shall be a minimum of $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage and $100,000.00 passenger liability.

800.7 Aircraft Fuels and Dispensing Services. Service desiring to dispense aviation fuels and oil and/or provide any other related line services shall as a minimum provide the following:

800.7a. Land. Suitable land for fuel storage area on airport property and adequate office area to be leased from the City of Three Rivers.

800.7b. Buildings. Adequate office space, heated and lighted, with access to indoor restrooms and public telephone. In addition, suitable space to store oil and other related products.

800.7c. Personnel. One or more persons trained in servicing an aircraft during specified hours of operation.

800.7d. Equipment. Gasoline storage tanks will have the following capacities:

80/87 octane 10,000 gallons 100/130 octane 10,000 gallons

Additional equipment to provide the services required in 800.7e.

800.7e. Services Required. Service shall be required to provide the following:

i. Fuel service 80/87 and 100/130 Av-gas.

ii. Inflate tires. iii. Portable heaters and starting service. iv. At least one tow vehicle capable of moving a 12,500 pound aircraft. v. Windshield cleaning equipment and supplies.

800.7f. Hours of Operation. Service to be provided from 8:00 a.m. until sunset seven (7) days a week or by agreement with the Airport Manager and the other fuel dispenser tenant (if appropriate) so as to provide the full coverage (8:00 a.m. to sunset, seven (7) days a week) as required of a Class A Commercial Airport. Reasonable, on call service during non-working hours will be included.

800.7g. Insurance. Service shall provide insurance coverage of not less than $100,000.00 / $300,000.00 / $100,000.00 of airport general liability and $100,000.00 products liability in which the City of Three Rivers, the Airport Management, and Airport Advisory Board are named insured on such policy.

800.8 Radio, Instrument, Propeller or Accessory Service. Service desiring to provide radio, instrument or propeller or accessory services as a public service must hold an FAA repair station certificate and ratings for same and provide as a minimum the following:

800.8a. Land. Service provides a minimum of 1,000 square feet of land for building.

800.8b. Building. Service provides a building adequately lighted and heated of at least 800 square feet floor space. Indoor restrooms shall be available. Hangar space of at least 800 square feet shall be available to house aircraft undergoing repair.

800.8c. Personnel. A minimum of one FAA certified repairman qualified in terms of the Repair Station Certification.

800.8d. Hours of Operation. Where public service is rendered to the flying public, minimum hours of operation shall be eight (8) hours per day, five (5) days per week, excluding holidays.

800.8e. Insurance. Airport general liability coverage in minimum of $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage, $100,000.00 hangar keepers liability coverage, products and service liability coverage shall be provided as a minimum of the repair service.

800.9 Aerial Applications. Service desiring to engage in aerial application operations must hold an Agricultural Aircraft Operator Certificate issued by the FAA under Part 137; comply with requirements of the State and political subdivisions thereof; and provide as a minimum the following:

800.9a. Land. 12,400 square feet of land to provide for buildings, aircraft parking and tiedown; and parking space for loading vehicles and equipment.

800.9b. Buildings. Lease or construct 320 square feet of building space for office and storage. Telephone must be provided.

CHAPTER 23 AIRPORT

(2017) 23-11

800.9c. Personnel. One person holding current FAA commercial certificate, properly rated for the aircraft to be used and meeting the requirements of Part 137 of the FAA Regulations and applicable regulations of the State.

800.9d. Aircraft. One aircraft which will be airworthy, meeting all the requirements of Part 137 of the FAR's and applicable regulations of the State. This aircraft shall be owned or leased by agreement in writing and based on Service's leasehold.

800.9e. Facilities. A segregated chemical storage area protected from public access.

800.9f. Hours of Operation. Available on call 24 hours during the normal aerial application season.

800.9g. Insurance. Aircraft liability and comprehensive public liability, bodily injury $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage.

800.10 Specialized Commercial Flight Services. Service desiring to engage in the specialized commercial air activities including, but not limited to, those listed below based on the Three Rivers Municipal, Dr. Haines Airport, shall provide as a minimum the following:

800.10a. Land. Adequate land to provide for buildings, aircraft parking and tiedowns.

800.10b. Buildings. Construct or lease 320 square feet of properly heated and lighted floor space for office. Telephone must be provided. 800.10c. Personnel. One person having a current commercial pilot certification with appropriate ratings for the aircraft to be flown.

800.10d. Aircraft. One properly certified aircraft owned or leased in writing.

800.10e. Hours of Operation. The operating hours will be from 8:00 a.m. to 5:00 p.m., five (5) days per week, excluding holidays.

800.10f. Insurance. Aircraft liability and comprehensive public liability, bodily injury $100,000.00 each person, $300,000.00 each accident, $100,000.00 property damage.

Specialized Flight Services Shall Include:

800.101. Banner towing and aerial advertising. 800.102. Aerial photography or survey. 800.103. Firefighting or fire patrol. 800.104. Power line or pipeline patrol. 800.105. Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations.

800.11 Multiple Services. Services requesting any one or a combination thereof, of the listings 800.2 through 800.10 and 800.101 through 800.105 will be required to meet the following:

800.11a. Show proof of incorporation and authorized capitalization of not less than $50,000.00;

800.11a(1). or equivalent proprietary or partnership interests.

800.11b. Have a good record with the Federal Aviation Administration and Michigan Aeronautics Commission.

800.11c. Show positive plans for compliance with all applicable requirements prior to applying for a license and/or lease from the City of Three Rivers.

800.11d. Agree to comply with all Federal, State and Local regulations governing the operation or operations requested.

800.11e. Provide Airport Manager with certificates of insurance covering the operation specifications listed in Section 800.2 through 800.10 and 800.101 through 800.105.

800.11f. Provide Airport Manager with names and qualifications of all personnel requiring an FAA certificate.

800.12 Lease Proposal Requirements. The Airport owner will not accept an original request to lease land area unless the proposed lessee puts forth in writing a proposal which sets forth the scope of operation he proposes, including the following:

800.12a. The services he/she will offer. 800.12b. The amount of land the lessee desires to lease. 800.12c. The building space he/she will construct or lease.

800.12d. The number of aircraft he/she will provide. 800.12e. The number of persons he/she will employ. 800.12f. The hours of proposed operation. 800.12g. The number and types of insurance coverage he/she will maintain. 800.12h. Evidence of his/her financial capability to perform and provide the above services and facilities.

CHAPTER 23 AIRPORT

(2017) 23-12

800.13 Office. No mobile homes or trailer offices may be located on the Airport property. SECTION XI. 900 - PENALTIES AND LICENSE REVOCATION 900.1 Section 1.5 of the Code of the City of Three Rivers provides that every person convicted of a violation of any rule or regulation adopted or issued pursuant to the Code shall be punished by a fine of not more than Five Hundred ($500.00) Dollars and costs of prosecution or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Any license, permit, or lease agreement granted or entered into by the City of Three rivers pursuant to these Rules and Regulations shall be subject to revocation, suspension or termination by the City upon violation of any provision of such rule or regulation.

(2017) 23-13

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 24-1

CHAPTER 24 - CABLE & TELECOMMUNICATIONS 24-1 CABLE & TELECOMMUNICATIONS

24-1.1 Declaration of Public Policy. Upon investigation, the City Commission has determined that the rates, services and operations of CATV companies are affected with a public interest; and it is hereby declared to be the policy of the City to provide fair regulation of CATV companies in the interest of the public, to promote adequate, economical and efficient CATV system service to residents of the City and to cooperate with the Michigan Public Service Commission and the Federal Government in the manner and in accordance with the policies set forth in this Chapter.

24-2 DEFINITIONS

CATV means any facility which is constructed wholly or partially in, on, under or over any highway or other public place and which operates for hire the service of receiving and amplifying the signals broadcast by one or more television and radio stations and redistributing the signals by wire, cable or other means to members of the public who subscribe to the service.

Licensee means a person or organization to whom a license has been issued pursuant to this Chapter.

24-3 NECESSITY OF LICENSES. No person or organization shall begin the construction, extension or operation of a CATV system or acquire ownership or control thereof in the City without first obtaining a license issued pursuant to this Chapter. 24-4 APPLICATION OF LICENSE. Every application for a license pursuant to this Chapter shall include the following:

(A) The name and address of the applicant; and if applicant is a partnership or corporation, the names and addresses of all partners or corporate officers and persons holding a twenty-five (25%) percent or greater interest in such partnership or corporation.

(B) Evidence that the applicant has or will have the facilities, equipment and authority to transmit television and

radio programs from an input point (tower or studio) to a terminal point on the premises of CATV subscribers within the City.

(C) A profit and loss statement and balance sheet covering applicant's operations during the last three (3)

preceding fiscal years and/or such other statements of financial condition, net worth and experience in the operation, maintenance and service of a CATV system as shall reasonably demonstrate to the satisfaction of the City Commission the capability of the applicant to construct, operate and service a CATV system in the City.

(D) A certificate from the applicant's insurance carrier that states an insurance company is prepared to issue a

policy of insurance as required by Section 24-5 if the applicant is granted a license pursuant to this Chapter.

(E) A copy of the applicant's proposed rules, regulations, rates and terms and conditions of service to subscribers in the operation of its CATV system.

(F) A statement that the applicant agrees to save the City harmless from all loss sustained by the City on

account of any suit, judgment, execution, claim, or demand whatsoever resulting from negligence on the part of the applicant in the construction, operation, maintenance and servicing of the applicant's CATV system in the City.

(G) A statement that the applicant is familiar with all of the provisions of this Chapter and that applicant agrees, if

granted a license, to fully and faithfully comply with all of the provisions of this Chapter.

(H) An application for a license shall be filed with the City Clerk together with a filing fee of Fifty ($50) Dollars which shall not be refundable. If the Clerk finds that an application is in order, it shall be referred to the City Commission at its next regular meeting for appropriate action. If the City Commission approves an application, the City Clerk shall issue to the applicant a nonexclusive license to operate a CATV system within the City for a period of ten (10) years from the date of issuance of the license.

(I) The licensee shall proceed as soon as practicable after receipt of the license with the necessary work to

construct the CATV system in the City. The basic engineering for the system shall be completed within a ninety (90) day period from the date the license is granted. Licensee shall be permitted an additional period of nine (9) months within which to complete construction and installation of the system and be prepared to furnish service to residents of the City. However, the period for completion of the system may be extended by the City Commission upon the licensee presenting proof that construction and installation of the system is in progress, and there is a justifiable cause and need for additional time to complete said system. Failure or neglect of the licensee to complete the system within the above allotted time, or any extension thereof shall render the license null and void, and the same shall have no further force or effect.

(J) The installation and operation of such CATV system by the licensee shall be so constructed and maintained

as not to interfere in any way with TV and radio reception already in existence.

CHAPTER 24 CABLE AND TELECOMMUNICATIONS

(2017) 24-2

24-5 INDEMNIFICATION AND INSURANCE. A licensee shall hold the City harmless from all claims for damages, including attorney fees and court costs, arising out of the construction, maintenance and operation of licensee's CATV system. A licensee shall at all times maintain in force, furnish and file with the City Clerk, at its own expense, a general comprehensive liability insurance policy in protection of the City and the members of the City Commission by a company authorized to do business in the State of Michigan and in the form to be approved by the City Attorney protecting the City and its Commission members against liability for loss or damages for bodily injury, death and property damage occasioned by the licensee's construction, operation, maintenance and servicing of its CATV system with a minimum liability limit of Five Hundred Thousand ($500,000) Dollars for bodily injury or death of any one person; One Million ($1,000,000) Dollars for bodily injury or death to two or more persons in any one occurrence; Five Hundred Thousand ($500,000) Dollars for damage to property resulting from any one occurrence. The City shall give prompt notice to any licensee of any claim made against the City involving such business. 24-6 RATES AND CHARGES. Prior to commencement of operations, a licensee shall file a schedule of its service and installation charges with the City Clerk. Thirty (30) days prior to the effective date of any change in its schedule of charges, a licensee shall file a copy of its proposed changes with the City Clerk. The City Commission may review the schedules at a regular or special meeting. The City Commission may by resolution, with thirty (30) days prior notice to a licensee, set a public hearing at which a licensee may show cause why the City Commission should not set different rates deemed reasonable and proper by the City Commission. 24-7 LICENSE FEE. Each licensee shall pay to the City a sum equal to five (5%) percent of the gross operating revenues received by it, and not refunded, in fees from monthly service charges to subscribers located within the City. The percentage payments shall be paid to the City at the office of the City Clerk semi-annually on the 15th day of April and on the 15th day of October of each year. For the purpose of securing for the City, the payment of percentage payments, the City shall have a lien for payment thereof upon all assets of the licensee within the City. Upon failure of the licensee to make any of the required payments within the time specified, the license may be terminated at the option of the City. 24-8 LIMITATION ON SERVICE. No licensee shall engage in the repair or sale of television or radio receiving sets. 24-9 ABANDONMENT. No licensee shall abandon all or part of its system or other property necessary or useful in the performance of its duties to the public, or discontinue or temporarily suspend all or any part of the service which it is rendering to the public by the use of same without first obtaining the approval of the City Commission. In granting such approval, the Commission may impose terms, conditions or requirements as, in its judgment, are necessary to protect the public interest. 24-10 REPORTS AND RECORDS. Every accident attended with personal injury, or involving public safety which occurs in the operation of the licensee's CATV system shall be promptly reported in writing to the City Manager to investigate each accident. A licensee shall keep detailed records relating to its operations, outages and complaints, and shall assist the City Commission in examining any matter under investigation by the Commission. 24-11 FINANCIAL CONDITION. Each licensee shall keep an accurate account of its financial condition in accordance with a system of accounts approved by the City's auditors. On or before March 1st of each year a licensee shall file with the City Clerk an independently audited statement showing its financial condition as of the 31st day of the preceding December, which statement shall show the gross revenues received from the operation of the licensee's CATV system in the City. Each licensee shall maintain separate records as to its business conducted pursuant to the license granted by the City and shall make available at all reasonable times within the City the books, records, vouchers, memoranda, documents, letters, contracts or other papers relating to its operations and financial affairs as the City Commission may request. 24-12 CUSTOMER RELATIONS. Upon request, a licensee shall provide its customers with reasonable information on home operation in order that safe and proper service may be furnished. 24-13 DISCONNECTIONS. Service disconnections for non-payment of charges by a licensee may be made only after ten (10) days written notice has been furnished to the defaulting customer. 24-14 LICENSEE'S RULES AND REGULATIONS. A licensee shall promptly file with the City Clerk copies of any changes, additions, or amendments to all rules and regulations, terms and conditions adopted by the licensee for conducting its business. 24-15 LOCAL BUSINESS OFFICE. The licensee shall maintain a local business office which shall be open during normal and reasonable business hours for the convenience of the residents of the City who desire the service or wish to transact other business with the licensee. 24-16 PREFERENCE OR DISCRIMINATION. The licensee shall not in any manner or respect make or grant any preference or advantage to any person, or subject any person to any prejudice or disadvantage, nor discriminate as to rates, charges, services, facilities, rules and regulations provided, however, the licensee may furnish its facilities and service free of charge to schools, hospitals, fire and police stations. 24-17 COMPLIANCE WITH LAW. A licensee shall at all times comply with all requirements of law and all rules and regulations of the City, State of Michigan and the Federal government in the installation and operation of its CATV system. 24-18 REVOCATION OF LICENSE. Any violation by licensee of the provisions of this Chapter or failure promptly to perform any of the terms and conditions thereof shall be cause for the revocation of the license. Failure of the licensee to provide an efficient service of the highest practicable standards to subscribers shall be a further ground for revocation of license. The Clerk shall report evidence of such non-compliance in writing to the City Commission which, upon due notice to

CHAPTER 24 CABLE AND TELECOMMUNICATIONS

(2017) 24-3

the licensee and after reasonable opportunity to place itself in compliance and to be heard on the charge of non-compliance, may revoke the license for a continuing failure to comply therewith. 24-19 PENALTY. Any person or the officer, agent or employee of any organization or licensee who violates any provision of this Chapter or any rule, regulation or order adopted hereunder, or who willfully procures, aids or abets any violation of such a provision shall be punished upon conviction by a fine of not less than One Hundred ($100) Dollars nor more than Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. 24-20 METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHT-OF-WAY OVERSIGHT ACT. The purposes of this Ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002) ("Act") and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.

24-20.1 Terms Defined. The terms used in this Section shall have the following meanings:

Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.

City means the City of Three Rivers, St. Joseph County, Michigan.

City Commission means the City Commission of the City of Three Rivers or its designee. This Section does not authorize delegation of any decision or function that is required by law to be made by the City Commission.

City Manager means the City Manager or his or her designee.

Permit means a non-exclusive permit issued pursuant to the Act and this Ordinance to a telecommunications provider to use the public rights-of-way in the City for its telecommunications facilities.

Authority means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.

MPSC means the Michigan Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term "Commission" in the Act.

Person means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

Public Right-of-Way means the area on, below, or above a public roadway, highway, street, alley, easement or waterway. Public right-of-way does not include a federal, state, or private right-of-way.

Telecommunication Facilities or Facilities means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 332(d) of Part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

Telecommunications Provider, Provider and Telecommunications Services mean those terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2102. Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in Section 332(d) of Part I of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this Ordinance only, a provider also includes all of the following:

(a) A cable television operator that provides a telecommunications service.

(b) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.

(c) A person providing broadband internet transport access service. 24-20.2 Permit Required.

(A) Permit Required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the City for its telecommunications facilities shall apply for and obtain a permit pursuant to this Ordinance.

(B) Application. Telecommunications providers shall apply for a permit on an application form approved by the

MPSC in accordance with Section 6(1) of the Act. A telecommunications provider shall file one copy of the

CHAPTER 24 CABLE AND TELECOMMUNICATIONS

(2017) 24-4

application with the City Clerk, one copy with the City Manager, and one copy with the City Attorney. Upon receipt, the City Clerk shall make three (3) copies of the application and distribute a copy to the Director of Public Services, Chief of Police and Fire Chief. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider's existing and proposed facilities in accordance with Section 6(5) of the Act.

(C) Confidential Information. If a telecommunications provider claims that any portion of the route maps

submitted by it as part of its application contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to Section 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.

(D) Application Fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-

time non-refundable application fee in the amount of $500.00.

(E) Additional Information. The City Manager may request an applicant to submit such additional information which the City Manager deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the City Manager. If the City and the applicant cannot agree on the requirement of additional information requested by the City, the City or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.

(F) Previously Issued Permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously

issued by the City under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251 and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this Ordinance.

(G) Existing Providers. Pursuant to Section 5(3) of the Act, within one hundred eighty (180) days from

November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the City as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251, shall submit to the City an application for a permit in accordance with the requirements of this Ordinance. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under subsection (d) above. A provider under this subsection shall be given up to an additional one hundred eighty (180) days to submit the permit application if allowed by the Authority, as provided in Section 5(4) of the Act.

24-20.3 Issuance of Permit.

(A) Approval or Denial. The authority to approve or deny an application for a permit is hereby delegated to the City Manager. Pursuant to Section 15(3) of the Act, the City Manager shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under Section 4(b) of this Ordinance for access to a public right-of-way within the City. Pursuant to Section 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The City Manager shall not unreasonably deny an application for a permit.

(B) Form of Permit. If an application for permit is approved, the City Manager shall issue the permit in the form

approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.

(C) Conditions. Pursuant to Section 15(4) of the Act, the City Manager may impose conditions on the issuance

of a permit, which conditions shall be limited to the telecommunications provider's access and usage of the public right-of-way.

(D) Bond Requirement. Pursuant to Section 15(3) of the Act, and without limitation on subsection (c) above,

the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider's access and use.

24-20.4 Construction/Engineering Permit. A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the City without first obtaining a construction or engineering permit from the City’s Department of Public Service for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.

24-20.5 Conduit or Utility Poles. Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this Ordinance does not give a telecommunications provider a right to use conduit or utility poles.

24-20.6 Route Maps. Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the City, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the City. The route maps should be in

CHAPTER 24 CABLE AND TELECOMMUNICATIONS

(2017) 24-5

paper or electronic format unless and until the MPSC determines otherwise, in accordance with Section 6(8) of the Act.

24-20.7 Repair of Damage. Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the City, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.

24-20.8 Establishment and Payment of Maintenance Fee. In addition to the non-refundable application fee paid to the City set forth in subsection 4(d) above, a telecommunications provider with telecommunications facilities in the City's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.

24-20.9 Modification of Existing Fees. In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the City's boundaries, so that those providers pay only those fees required under Section 8 of the Act. The City shall provide each telecommunications provider affected by the fee with a copy of this Ordinance, in compliance with the requirement of Section 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the City's policy and intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charged in error.

24-20.10 Savings Clause. Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under Section 11 above shall be void from the date the modification was made.

24-20.11 Use of Funds. Pursuant Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the City from the Authority shall be deposited into the Major Street Fund and/or the Local Street Fund maintained by the City under Act No. 51 of the Public Acts of 1951.

24-20.12 Annual Report. Pursuant to Section 10(5) of the Act, the City Manager shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.

24-20.13 Cable Television Operators. Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.

24-20.14 Existing Rights. Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way.

24-20.15 Compliance. The City hereby declares that its policy and intent in adopting this Ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply in all respects with the requirements of the Act, including but not limited to the following:

(A) Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246,

as provided in Section 4(c) of this ordinance;

(B) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with Section 4(f) of this Ordinance;

(C) Allowing existing providers additional time in which to submit an application for a permit, and excusing such

providers from the $500 application fee, in accordance with Section 4(g) of this Ordinance;

(D) Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with Section 5(a) of this Ordinance;

(E) Notifying the MPSC when the City has granted or denied a permit, in accordance with Section 5(a) of this

Ordinance;

(F) Not unreasonably denying an application for a permit, in accordance with Section 5(a) of this Ordinance; (G) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as

provided in Section 5(b) of this Ordinance;

CHAPTER 24 CABLE AND TELECOMMUNICATIONS

(2017) 24-6

(H) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access

and usage of the public right-of-way, in accordance with Section 5(c) of this Ordinance;

(I) Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with Section 5(d) of this Ordinance;

(J) Not charging any telecommunications providers any additional fees for construction or engineering permits,

in accordance with Section 6 of this Ordinance;

(K) Providing each telecommunications provider affected by the City's right-of-way fees with a copy of this ordinance, in accordance with Section 11 of this Ordinance;

(L) Submitting an annual report to the Authority, in accordance with Section 14 of this Ordinance; and

(M) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with Section 15 of this Ordinance.

24-20.16 Reservation of Police Powers. Pursuant to Section 15(2) of the Act, this Ordinance shall not limit the City's right to review and approve a telecommunication provider's access to and ongoing use of a public right-of-way or limit the City's authority to ensure and protect the health, safety, and welfare of the public.

24-20.17 Severability. The various parts, sentences, paragraphs, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this Ordinance is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the unconstitutionality or invalidity shall not affect the constitutionality or validity of any remaining provisions of this Ordinance.

24-20.18 Authorized City Officials. The City Manager or his or her designee is hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Municipal Ordinance Violations Bureau) for violations under this Ordinance as provided by the City Code.

24-20.19 Municipal Civil Infraction. A person who violates any provision of this Ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to the provision of Chapter 9 of the City Code. Nothing in this Section 21 shall be construed to limit the remedies available to the City in the event of a violation by a person of this ordinance or a permit.

(2017) 24-7

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 27-1

CHAPTER 25 – UTILITY FRANCHISE

An Ordinance, granting to SEMCO Energy Gas Company, a division of SEMCO Energy, Inc., a Michigan corporation, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, waterways, and other public places, and to conduct a local gas business in the City of Three Rivers, located in St. Joseph County, Michigan, for a period of thirty years. 25-1. GRANT OF FRANCHISE. The City of Three Rivers, located in St. Joseph County, Michigan (the "City"), hereby grants to SEMCO Energy Gas Company, a division of SEMCO Energy, Inc., a Michigan corporation, its successors and assigns, (the "Grantee") the right, power and authority to construct, lay, operate, operate, maintain and replace in the public streets, highways, alleys and other public places in the City of Three Rivers, Michigan, all needful and proper gas pipes, mains, conductors, service pipes and other apparatus and facilities requisite for the manufacture, transmission and distribution of gas for all purposes to the City of Three Rivers, and the inhabitants thereof, and for conducting gas elsewhere to supply neighboring cities, and other territories supplied with gas by said Grantee, for a period of thirty years. 25-1. CONSIDERATION. In consideration o f the rights, power and authority hereby granted, Grantee shall faithfully perform all things required by the terms hereof. 25-3. CONDITIONS. No highway, street, alley, bridge or other public place used by Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the as good order and condition as when Grantee commenced the work. All of Grantee's pipes and mains shall be so placed in the highways and other public places as not to unnecessarily interfere with the use thereof for highway purposes. 25-4. HOLD HARMLESS. Grantee shall at all times keep and save the City free and harmless f rom all loss, costs and expense to which it may be subject by reason of the Grantee’s negligent c ons t ruc t ion a n d negligent maintenance of the structures and equipment hereby a u t h o r i z e d . If any a c t i o n i s commenced a g a i n s t t h e C i t y r e s u l t i n g f r o m G r a n t e e ’ s negligent construction and maintenance, Grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance. 25-5. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein granted, are not exclusive. Either manufactured or natural gas may be furnished hereunder. 25-6. RATES. Grantee shall charge for gas furnished the rates, charges and special taxes a s approved f r o m t im e t o time b y the M i c h i g a n P u b l i c S e r v i c e C o m m i s s i o n , o r i ts successors h a v i n g authority and jurisdiction to fix and regulate gas rates and charges, or as otherwise permitted or required by applicable law or tariff, for the term of this franchise. Such rates shall be subject to Commission review and change at any time upon petition therefore being made by either said City, acting by its City Council, or by said Grantee. 25-7. REVOCATION. The f ranc h i s e g r a n t e d b y th is o rd inance i s sub jec t t o revocation upon sixty (60) days written notice by the party desiring such revocation. 25-8. MICHIGAN PUBLIC SERVICE COMMISSION JURISDICTION. Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to gas service in said City and shall provide service in accordance with the terms and conditions se t forth in its applicable tariff as approved from time to time by the Michigan Public Service Commission or its successors. 25-9. SUCCESSORS AND ASSIGNS. The w o r d s “ SEMCO Energy G a s Company" and "SEMCO Energy, Inc.," wherever used herein, are intended and shall be held and construed to mean and include SEMCO Energy Gas Company and its parent, subsidiaries, successors, affiliates, and assigns, whether so expressed or not. The word "Grantee,” wherever used herein, is intended and shall be held and construed to mean and include SEMCO Energy Gas Company, SEMCO E n e r g y , I nc . , and the successors a n d ass igns o f each, whether so expressed or not. Grantee may assign the rights and obligations under this agreement as long as the Grantee provides prior written notice to the City of any such assignment. 25-10. FORCE MAJEURE. The Grantee shall not be liable for failure to furnish service as herein provided, or for any breach of the Grantee’s obligations hereunder, if such failure or breach is caused by Acts of God, labor troubles, riot, or any other causes or contingencies not reasonably within the control of the Grantee.

CHAPTER 25 UTILITY FRANCHISES

(2017) 27-2

25-11. EFFECTIVE DATE. Upon adoption, the City Clerk shall deliver to Grantee a certified copy of this ordinance. Additionally, the City shall publish this ordinance within thirty (30) days of its adoption and this ordinance shall take effect upon the day after the date of publication thereof, continuing for a term of thirty (30) years from that date; provided, however, it shall cease and be of no effect after sixty (60) days from its adoption unless within said period the Grantee shall accept the same in writing filed with the City Clerk. Upon acceptance and publication hereof, the ordinance shall constitute a contract between said City and said Grantee.

CHAPTER 25 UTILITY FRANCHISES

(2017) 27-3

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 27-1

CHAPTER 27 – HISTORIC DISTRICTS

27-1 SHORT TITLE. This Chapter shall be known as the “Historic District Ordinance” of the City of Three Rivers, Michigan. 27-2 PURPOSE. Historic preservation is hereby declared to be a public purpose and the City Commission of the City of Three

Rivers may hereby regulate the construction, addition, alteration, repair, moving, excavation, and demolition of resources in Historic Districts within the City limits. The purpose of this Chapter is to:

1. Safeguard the heritage of the City of Three Rivers by preserving Districts which reflect elements of its history, architecture, archaeology, engineering, or culture.

2. Stabilize and improve property values in each district and surrounding areas.

3. Foster civic beauty.

4. Strengthen the local economy.

5. Promote the use of Historic Districts for the education, pleasure, and welfare of the citizens of the City of Three Rivers and of the State of Michigan.

The City of Three Rivers may by Ordinance establish one or more Historic Districts. The Historic District(s) shall be administered by the Historic District Commission and pursuant to this Chapter. 27-3 DEFINITIONS

(a) "Alteration" means work that changes the detail of a resource but does not change its basic size or shape.

(b) “Certificate of Appropriateness" means the written approval of a permit application for work that is appropriate and does not adversely affect a resource.

(c) "Commission" means the Historic District Commission of the City of Three Rivers.

(d) "Demolition" means the razing or destruction, whether entirely or in part, of a resource and includes, but is not limited to, demolition by neglect.

(e) "Demolition by Neglect" means neglect in maintaining, repairing, or securing a resource that result in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource.

(f) "Denial" means the written rejection of a permit application for work that is inappropriate and that adversely affects a resource.

(g) “Fire Alarm System” means a system designed to detect and annunciate the presence of fire or by-products of fire. Fire alarm system includes smoke alarms.

(h) "Historic District" means an area, or group of areas, not necessarily having contiguous boundaries, that contains one resource or a group of resources that are related by history, architecture, archaeology, engineering, or culture.

(i) "Historic Preservation" means the identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology, engineering, or culture.

(j) "Historic Resource" or “resource” means a publicly or privately owned building, structure, site, object, feature or open space that is significant in the history, architecture, archaeology, engineering, or culture of the City of Three Rivers, State of Michigan, or the United States.

(k) "Notice to Proceed" means the written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding under Section 399.205(6) of Public Act 169 of 1970, as amended.

(l) "Open Space" means undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or buffer between other resources.

(m) "Ordinary Maintenance" means keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. Ordinary maintenance does not change the external appearance of the resource except through the elimination of the usual and expected effects of weathering. Ordinary maintenance does not constitute work for the purposes of this Chapter.

(n) “Proposed Historic District” means an area, or group of areas not necessarily having contiguous boundaries, that has delineated boundaries and that is under review by a committee or a standing committee for the purpose of making a recommendation as to whether it should be established as a Historic District or added to an established Historic District.

(o) "Repair" means to restore a decayed or damaged resource to good or sound condition by any process. A repair that changes the external appearance of a resource constitutes work for the purposes of this Chapter.

(p) "Resource" means one or more publicly or privately owned historic or non-historic buildings, structures, sites, objects, features, or open spaces located within a historic district.

(q) “Smoke Alarm” means a single-station or multiple-station alarm responsive to smoke and not connected to a system. As used in this subdivision, “single-station alarm” means an assembly incorporating a detector, the control

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-2

equipment, and the alarm sounding device into a single unit, operated from a power supply either in the unit or obtained at the point of installation.

(r) “Multiple-station alarm” means two (2) or more single-station alarms that are capable of interconnection such that actuation of one (1) alarm causes all integrated separate audible alarms to operate.

(s) "Work" means construction, addition, alteration, repair, moving, excavation, or demolition. 27-4 HISTORIC DISTRICT STUDY COMMITTEE Before establishing a Historic District(s), the City Commission shall appoint a Historic District Study Committee. A majority of the persons appointed to the Study Committee shall have a clearly demonstrated interest in or knowledge of historic preservation. The Study Committee shall contain representation of at least one (1) member appointed from one (1) or more duly organized local historic preservation organizations. The Study Committee shall do all of the following:

A. A photographic inventory of resources within each proposed Historic District following procedures established by the State Historic Preservation Office of the Michigan State Housing Development Authority.

B. Basic research of each proposed Historic District and historic resources located within that district.

C. Determine the total number of historic and non-historic resources within a proposed Historic District and the percentage of historic resources of that total. In evaluating the significance of historic resources, the Committee shall be guided by the selection criteria for evaluation issued by the United States Secretary of the Interior for inclusion of resources in the National Register of Historic Places, as set forth in 36 CFR part 60, and criteria established or approved by the State Historic Preservation Office of the Michigan State Housing Development Authority.

D. Prepare a preliminary Historic District Study Committee report that addresses at a minimum all of the following:

(1) The charge of the Committee.

(2) The composition of Committee membership.

(3) The Historic District(s) studied.

(4) The boundaries of each proposed Historic District in writing and on maps.

(5) The history of each proposed Historic District.

(6) The significance of each District as a whole, as well as a sufficient number of its individual resources to fully represent the variety of resources found within the District, relative to the evaluation criteria.

(7) Transmit copies of the preliminary report for review and recommendations to the City Planning Commission, the State Historic Preservation Office of the Michigan State Housing Development Authority, the Michigan Historical Commission, and the State Historic Preservation Review Board.

(8) Make copies of the preliminary report available to the public pursuant to Section 399.203 (4) of Public Act 169 of 1970, as amended.

(9) Not less than sixty (60) calendar days after the transmittal of the preliminary report, the Historic District Study Committee shall hold a public hearing in compliance with Open Meetings Act, Public Act 267 of 1976, as amended. Public notice of the time, date and place of the hearing shall be given in the manner required by Open Meetings Act. Written notice shall be mailed by first class mail not less than fourteen (14) calendar days prior to the hearing to the owners of properties within the proposed Historic District, as listed on the most current tax rolls. The report shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, as amended.

(10) After the date of the public hearing, the Committee and the City Commission have not more than one (1) year, unless otherwise authorized by the City Commission, to take the following actions:

a. The Committee shall prepare and submit a final report with its recommendations and the recommendations, if any, of the City Planning Commission and the City Commission, as to the establishment of a Historic District(s). If the recommendation is to establish a Historic District(s), the final report shall include a draft of the proposed ordinance(s).

b. After receiving a final report that recommends the establishment of a Historic District(s), the City Commission, at its discretion, may introduce and pass or reject an ordinance(s). If the City Commission passes an ordinance(s) establishing one (1) or more Historic Districts, the City shall file a copy of the ordinance(s), including a legal description of the property or properties located within the Historic District(s) with the Register of Deeds for St. Joseph County, Michigan. The City Commission shall not pass an ordinance establishing a contiguous Historic District less than sixty (60) days after a majority of the property owners within the proposed Historic District, as listed on the tax rolls of the local unit, have approved the establishment of the Historic District pursuant to a written petition.

(11) A writing prepared, owned, used, in the possession of, or retained by a committee in the performance of an official function of the Historic District Commission should be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, as amended.

(12)

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-3

27-5 ESTABLISHING ADDITIONAL, MODIFYING, OR ELIMINATING HISTORIC DISTRICTS. A. The City Commission may at any time establish by ordinance additional Historic Districts, including proposed Districts

previously considered and rejected, may modify boundaries of an existing historic district, or may eliminate an existing Historic District. Before establishing, modifying, or eliminating a Historic District, a Historic District Study Committee appointed by the City Commission shall follow the procedures as stated in Section 399.203 (1-3) of Public Act 169 of 1970, as amended. To conduct these activities, the City Commission may retain the initial committee, establish a standing committee, or establish a committee to consider only specific proposed districts and then be dissolved. The committee shall consider any previously written committee reports pertinent to the proposed action.

B. In considering elimination of a Historic District, a committee shall follow the procedures set forth in Section 399.203 (1-3) of Public Act 169 of 1970, as amended, for the issuance of a preliminary report, holding a public hearing, and issuing a final report but with the intent of showing one or more of the following:

(1) The Historic District has lost those physical characteristics that enabled the establishment of the District.

(2) The Historic District was not significant in the way previously defined.

(3) The Historic District was established pursuant to defective procedures. 27-6 THE HISTORIC DISTRICT COMMISSION. The City Commission may hereby establish a commission to be called the Historic District Commission. The Commission may be established at any time, but not later than the time the first Historic District is established. Each member of the Commission shall reside within the City limits. The Historic District Commission shall consist of seven (7) members to be appointed by the City Commission. A majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. Members shall be appointed for a term of three (3) years, except the initial appointments of three (3) members for a term of two (2) years and two (2) members for a term of one (1) year. Subsequent appointments shall be for three-year terms. Members shall be eligible for reappointment. In the event of a vacancy on the Commission, interim appointments shall be made by the City Commission within sixty (60) calendar days to complete the unexpired term of such position. Two (2) members shall be appointed from a list submitted by duly organized local historic preservation organizations or have worked on historical preservation projects. If such a person is available for appointment, one member shall be an architect who has two years of architectural experience or who is duly registered in the State of Michigan. The City Commission may prescribe powers and duties of the Commission, in addition to those prescribed in this Chapter, that foster historic preservation activities, projects, and programs in the City. 27-7 HISTORIC DISTRICT MEETINGS, RECORDKEEPING & RULES OF PROCEDURE.

A. The Historic District Commission shall meet at least quarterly or more frequently at the call of the Commission or the City Commission.

B. The business that the Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, as amended. Public notice of the date, time, and place of the meeting shall be given in the manner required by the Open Meetings Act. A meeting agenda shall be part of the notice and shall include a listing of each permit application to be reviewed or considered by the Commission.

C. The Commission shall keep a record of its resolutions, proceedings and actions. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information, Public Act 442 of 1976, as amended.

D. The Commission shall adopt its own rules of procedure and shall adopt design review standards and guidelines to carry out its duties under this Chapter.

27-8 DELEGATION OF MINOR CLASSES OF WORK. The Historic District Commission may delegate the issuance of Certificates of Appropriateness for specified minor classes of work to its staff, or to another delegated authority. The Commission shall provide to its delegated authority specific written standards for issuing Certificates of Appropriateness under this Section. The Commission shall review the Certificates of Appropriateness issued by the delegate on at least a quarterly basis to determine whether or not the delegated responsibilities should be continued. 27-9 ORDINARY MAINTENANCE. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repair of a resource within a Historic District or to prevent work on any resource under a permit issued by the City Building Official or other duly delegated authority before this Chapter was enacted. 27-10 REVIEW BY THE COMMISSION. The Historic District Commission shall review and act upon only exterior features of a resource and shall not review and act upon interior arrangements unless specifically authorized to do so by the City Commission or unless interior work will cause visible change to the exterior of the resource. The Commission shall not disapprove an application due to considerations not prescribed in subsection 399.205 (3) of Public Act 169 of 1970, as amended. 27-11 DESIGN REVIEW STANDARDS AND GUIDELINES.

A. In reviewing plans, the Historic District Commission shall follow the U.S. Secretary of Interior's Standards for Rehabilitation and guidelines for rehabilitating historic buildings as set forth in 36 C.F.R. part 67. Design review standards and guidelines that address special design characteristics of Historic Districts administered by the Commission may be followed if they are equivalent in guidance to the Secretary of Interior’s Standards and

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-4

guidelines and are established or approved by the State Historic Preservation Office of the Michigan State Housing Development Authority.

B. In reviewing plans, the Commission shall also consider all of the following:

(1) The historic or architectural value and significance of the resource and its relationship to the historic value of the surrounding area.

(2) The relationship of any architectural features of the resource to the rest of the resource and to the surrounding area.

(3) The general compatibility of the design, arrangement, texture, and materials proposed to be used.

(4) Other factors, such as aesthetic value, that the Commission finds relevant.

(5) Whether the applicant has certified in the application that the property where the work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, MCL 125.1501 to 125.1531.

27-12 PERMIT APPLICATIONS

A. A permit shall be obtained before any work affecting the exterior appearance of a resource is performed within a Historic District. The person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do that work shall file an application for a permit with the City’s Building Official. Upon receipt of a complete application, the City’s Building Official shall immediately refer the application, along with all required supporting materials that make the application complete to the Historic District Commission. A permit shall not be issued and proposed work shall not proceed until the Commission has acted on the application by issuing a Certificate of Appropriateness or a Notice to Proceed as prescribed in this Chapter. The Commission shall not issue a Certificate of Appropriateness unless the applicant certifies in the application that the property where work will be undertaken has, or will have before the proposed project completion date, a fire alarm system or a smoke alarm complying with the requirements of the Stille-Derossett-Hale Single State Construction Code Act, 1972 PA 230, MCL 125.1501 to 125.1531.

B. The Historic District Commission shall file Certificates of Appropriateness, Notices to Proceed, and Denials of applications for permits with the City’s Building Official. A permit shall not be issued until the Commission has acted as prescribed by this Chapter.

C. If an application is for work that will adversely affect the exterior of a resource the Historic District Commission considers valuable to the City of Three Rivers, the State of Michigan, or the Nation, and the Commission determines that the alteration or loss of that resource will adversely affect the public purpose of the City, State, or Nation, the Commission shall attempt to establish with the owner of the resource an economically feasible plan for the preservation of the resource.

D. The failure of the Historic District Commission to act on an application within sixty (60) calendar days after the date a complete application is filed with the Commission, unless an extension is agreed upon in writing by the applicant and the Commission shall be considered to constitute approval.

E. The Commission shall not charge a fee to process a permit application unless a fee for that purpose is described in Chapter 6 of this Code entitled “User Fees & Services Charges”.

27-13 DENIALS If a permit application is denied, the decision shall be binding on the City’s Building Official or other authority. A Denial shall be accompanied by a written explanation by the Historic District Commission of the reasons for denial and, if appropriate, a notice that an application may be resubmitted for Commission review when the suggested changes have been made. The Denial shall also include the notification of the applicant's right to appeal to the State Historic Preservation Review Board and to the St. Joseph County Circuit Court. 27-14 NOTICE TO PROCEED Work within a Historic District shall be permitted through the issuance of a Notice to Proceed by the Historic District Commission if any of the following conditions prevail and if the proposed work can be demonstrated by a finding of the Commission to be necessary to substantially improve or correct any of the following conditions:

A. The resource constitutes a hazard to the safety of the public or to the structure's occupants.

B. The resource is a deterrent to a major improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing, and environmental clearances.

C. Retaining the resource will cause undue financial hardship to the owner when a governmental action, an act of God, or other events beyond the owner's control created the hardship, and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the

D. Historic District, have been attempted and exhausted by the owner.

E. Retaining the resource is not in the interest of the majority of the community.

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-5

27-15 APPEAL OF A COMMISSION DECISION

A. An applicant aggrieved by a decision of the Historic District Commission concerning a permit application may file an appeal with the State Historic Preservation Review Board. The appeal shall be filed within sixty (60) calendar days after the decision is furnished to the applicant. The appellant may submit all or part of the appellant’s evidence and arguments in written form. The State Historic Preservation Review Board shall consider an appeal at its first regularly scheduled meeting after receiving the appeal. A permit applicant aggrieved by the decision of the State Historic Preservation Review Board may appeal the decision to the St. Joseph County Circuit Court.

B. Any citizen or duly organized historic preservation organization in the City of Three Rivers, as well as resource property owners, jointly or severally aggrieved by a decision of the Historic District Commission may appeal the decision to the St. Joseph County Circuit Court, except that a permit applicant aggrieved by a decision rendered under this Chapter may not appeal to the Circuit Court without first exhausting the right to appeal to the State Historic Preservation Review Board.

27-16 WORK WITHOUT A PERMIT When work has been done upon a resource without a permit, and the Commission finds that the work does not qualify for a Certificate of Appropriateness, the Commission may require an owner to restore the resource to the condition that the resource was in before the inappropriate work or to modify the work so that it qualifies for a Certificate of Appropriateness. If the owner does not comply with the restoration or modification requirement within a reasonable time, the Commission may seek an order from the St. Joseph County Circuit Court to require the owner to restore the resource to its former condition or to modify the work so that it qualifies for a Certificate of Appropriateness. If the owner does not comply or cannot comply with the order of the Court, the Commission or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for a Certificate of Appropriateness in accordance with the Court's order. The costs of the work done shall be charged to the owner, and may be levied by the City of Three Rivers as a special assessment against the property. When acting pursuant to an order of the Circuit Court, the Commission or its agents may enter a property for purposes of this Section. 27-17 DEMOLITION BY NEGLECT Upon a finding by the Historic District Commission that a historic resource within a Historic District or a proposed Historic District subject to its review and approval is threatened with Demolition by Neglect, the Commission may do either of the following:

A. Require the owner of the resource to repair all conditions contributing to demolition by neglect.

B. If the owner does not make repairs within a reasonable time, the Commission or its agents may enter the property and make such repairs as necessary to prevent Demolition by Neglect. The costs of the work shall be charged to the owner, and may be levied by the City of Three Rivers as a special assessment against the property. The Commission or its agents may enter the property for purposes of this Section upon obtaining an order from the Circuit Court.

27-18 REVIEW OF WORK IN PROPOSED DISTRICTS Upon receipt of substantial evidence showing the presence of historic, architectural, archaeological, engineering, or cultural significance of a proposed Historic District, the City Commission may, at its discretion, adopt a resolution requiring that all applications for permits within the proposed Historic District be referred to the Historic District Commission. The Historic District Commission shall review permit applications with the same powers that would apply if the proposed Historic District was an established Historic District. The review may continue in the proposed Historic District for not more than one (1) year, or until such time as the City Commission approves or rejects the establishment of the Historic District by ordinance, whichever occurs first. 27-19 EMERGENCY MORATORIUM If the City Commission determines that pending work will cause irreparable harm to resources located within an established or proposed Historic District, the City Commission may by resolution declare an emergency moratorium on all such wok for a period not to exceed six (6) months. The City Commission may extend the emergency moratorium for an additional period not to exceed six (6) months, upon finding that the threat of irreparable harm to resources is still present. Any pending permit application concerning a resource subject to an emergency moratorium may be summarily denied. 27-20 PENALTIES FOR VIOLATIONS

A. A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this Chapter is responsible for a civil violation and may be fined not more than Five Thousand ($5,000.00) Dollars.

B. A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this Chapter may be ordered by the St. Joseph County Circuit Court to pay the costs to restore or replicate a resource unlawfully constructed, added to, altered, repaired, moved, excavated or demolished.

27-21 ACCEPTANCE OF GIFTS OR GRANTS The City Commission may accept state or federal grants for historic preservation purposes; may participate in state and federal programs that benefit historic preservation, and may accept public or private gifts for historic preservation purposes. The City Commission may appoint the Historic District Commission to accept and administer grants, gifts, and program responsibilities.

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-6

27-22 ACQUISTION OF HISTORIC RESOURCES If all efforts by the Historic District Commission to preserve a resource fail, or if it is determined by the City Commission that public ownership is most suitable, the City Commission, if considered to be the public interest, may acquire the resource using public funds, public or private gifts, grants or proceeds from the issuance of revenue bonds. The acquisition shall be based upon the recommendation of the Historic District Commission. The Historic District Commission is responsible for maintaining publicly owned resources using its own funds, if not specifically designated for other purposes, or public funds committed for that use by the City Commission. Upon recommendation of the Historic District Commission, the City Commission may authorize the sale of resources acquired under this Section with protective easements included in the property transfer documents, if appropriate. 27-23 HISTORIC DISTRICT BOUNDARY AT CITY’S FIRST HISTORIC DISTRICT The boundary of the City’s First Historic District is as follows: All that piece or parcel of land situated in the City of Three Rivers, County of St. Joseph and State of Michigan described as follows:

Commencing on the East line of North Main Street at a point lying South 113 feet from the Southwest corner of Lot 2, of Burrowes Moores Addition to Plat of Three Rivers, according to the Plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan in Liber H of Deeds, page 287; thence East to the Westerly line of Penn Street (now Portage Avenue); thence Southwesterly, along said Westerly line of Portage Avenue to a point, which intersects a line lying 10 feet Southwesterly of the Northwest corner of Lot 10, Block 49 ¾, Plat of Norman S. Andrews Addition to the Village (now City) of Three Rivers as recorded in Liber 2 of Plats, page 23, projected Northwesterly at right angles; thence Southeasterly to a point lying 10 feet Southwesterly of the Northwest corner of said Lot 10, Block 49 ¾; thence South 17° 36' East, projected to the intersection of the Easterly line of said Block 49 ¾; thence Southeasterly along the Easterly line of said Block 49 ¾ to the Northeast corner of Lot 1, Block 49, Portage Addition to the Village (now City) of Three Rivers according to the Plat of Record in Liber 28 of Deeds, page 425, a Certified Copy of said Plat being of Record in Liber 2 of Plats, page 22; thence continuing Southeasterly along the East line of said Block 49, of Portage Addition to a point lying 8 feet Southeasterly of the Southeast corner of Lot 12 of said Block 49, of Portage Addition; thence running Southwesterly, parallel to and 8 feet South of the South line of said Lot 12, to a point lying 8 feet Southeasterly of the Southwest corner of said Lot 12; thence Southwesterly to the intersection with the North line of Mill Street (now West Michigan Avenue) and the W easterly line of St. Joseph Street (now North Main Street) being the Southeast corner of Lot 3, Block 47, Portage Addition to Three Rivers; thence Southwesterly along said North line of West Michigan Avenue to the intersection with the East line of the NYC Railroad Grounds; thence Northwesterly along said Railroad Grounds to the intersection with the South line of First Street (now Moore Street); thence Easterly along said South line of Moore Street to the intersection with the Easterly line of North Main Street; thence Northerly along said Easterly line of North Main Street to the point of ending of this description.

CHAPTER 27 HISTORIC DISTRICTS

(2017) 27-7

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 28-1

CHAPTER 28 - LAND DIVISION ORDINANCE 28-1 SHORT TITLE This Chapter may be known and referred to as the "City of Three Rivers Land Division Ordinance". This Chapter shall apply to all land divisions as governed by the provisions of the Land Division Act (Act 288 of Michigan Public Acts of 1967, as amended). Approval of any land division does not constitute use approval of any such division. All uses of land shall comply with the City of Three Rivers Zoning Ordinance (Chapter 30 of this Code), and any other applicable laws and regulations. It is not intended by this Chapter to repeal, abrogate, annul, or in any other way impair or interfere with existing provisions of other laws or ordinances, or of any private restrictions placed upon property by covenant, deed, or other private agreement; provided however, that where any provision of this Chapter imposes more stringent requirements, regulations, restrictions, or limitations upon the use of land and buildings, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any applicable rules, regulations, permits, or easements, then the provisions of this Chapter shall govern. 28-2 PURPOSE The purpose of this Chapter is to regulate the division of land within the City to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that land be suitable for building sites and public improvements; that provisions are made for adequate drainage, ingress and egress; and to ensure that land divisions are correctly and accurately approved and filed. 28-3 DEFINITIONS Any word or term which is not specifically defined in this Chapter but is defined in the Land Division Act shall have the meaning given to the word or term in the Land Division Act. The following words and terms used in this Chapter are defined as follows: Accessible means that a parcel must meet one or both of the following requirements:

(A) The parcel has an area where a driveway provides or can provide vehicular access to an existing road or street and meets all applicable location standards of the City.

(B) The parcel is served by an existing easement that provides, or can be served by a proposed easement that

will provide, vehicular access to an existing road or street and meets all applicable location standards of the City.

If a parcel qualifies as an exempt split that is accessible, the landowner need not comply with the Land Division Act's approval requirements. However, to partition or split a parcel that qualifies as an exempt split but is not accessible, the owner must obtain approval from the City.

Equivalent means a parcel can be less than forty (40) acres as long as it is a quarter-quarter section or government lot, each containing not less than thirty (30) acres. Exempt Splits means that an exempt split is not subject to approval under the Land Division Act so long as the resulting parcels are accessible. An exempt split occurs when the partitioning or splitting of a parcel or tract of land by the landowner does not result in one or more parcels of less than forty (40) acres or the equivalent. Parent Parcel means a parcel of land lawfully existing on March 31, 1997, created in accordance with applicable law, which status can never change unless the law changes. Parent Tract means two or more parcels of land that share a common boundary and are under the same ownership. 28-4 APPLICATION FOR LAND DIVISION APPROVAL. An application for land division shall be submitted through the City Assessor. Each application shall be accompanied by the following: (A) The payment of a fee as established by the City. (B) A completed application form, as provided by the City Assessor. (C) A complete and accurate legal description of each proposed lot or parcel created by the land division. (D) A detailed written description of the development planned for the land division, including a description of any

proposed association or other entity which shall be responsible for operation and maintenance of any private streets, open spaces or other similar uses or activities.

(E) A graphic or written description of any previous land divisions from the parent parcel including the size, number, and

date of such divisions. (F) Evidence of approvals from the City and Health Department for on-site water supply and sewage disposal. (G) Three copies of a complete tentative parcel map drawn to scale, which shall be not less than 1"=20' for property

totaling under three (3) acres and at least 1"=100' for those totaling three (3) acres or more. The parcel map shall be prepared by a registered engineer or land surveyor or other such person determined by the City Assessor to be qualified to complete such parcel maps.

CHAPTER 28 LAND DIVISION

(2017) 28-2

(H) The tentative parcel map shall include at a minimum:

(1) Date, north arrow, scale, and name of the individual or firm responsible for the completion of the tentative parcel map.

(2) Proposed lot lines and their dimensions.

(3) Location and nature of proposed ingress and egress locations to any existing public or private streets.

(4) The location of any public or private street, driveway, or utility easements to be located within any proposed

lot or parcel. Copies of the instruments describing and granting such easements shall be submitted with the application.

(5) Any existing buildings, public or private streets, and driveways within one hundred (100') feet of all proposed

property lines.

(6) The zoning designation of all proposed lots or parcels.

(7) Small scale sketch of properties and streets within one-quarter (¼) mile of the area.

(8) Proposed method of handling storm water drainage.

Applications for land divisions shall not be accepted unless all of the required materials are submitted and are complete. The application, along with the required materials shall be forwarded to the City Assessor, who shall review the application and such other available information including recommendations or reports from the City Attorney, Engineer, or other party, and shall approve, approve with conditions, or deny the request, and incorporate the basis for the decision and any conditions which should be imposed. The approval, approval with conditions, or denial of a land division shall be accomplished within forty-five (45) days after the filing of a completed, accepted application by the City Assessor. Approval of a land division does not grant approval for the use of such divided lot or parcel. Any lot or parcel proposed for division must comply with the requirements of the City’s Zoning Ordinance or any other applicable ordinances or regulations. Land division approvals shall be valid for a period of ninety (90) days from the date of approval by the City Assessor. If such lots or parcels proposed by the land division are not properly recorded and accepted by the St. Joseph County Register of Deeds within this period, the land division approval shall be considered null and void and a new application shall be submitted in compliance with the requirements of this Chapter.

28-5 LAND DIVISION REQUIREMENTS (A) Maximum Width to Depth Ratio.

(1) No lot or parcel shall be created the depth of which exceeds four (4) times its width.

(2) The width to depth ratio requirements of this Section shall not apply to lots or parcels that have more than one-half (½) of their street frontage on a cul-de-sac. The minimum lot width for a lot on a cul-de-sac or other irregular shaped lot shall be measured at the front yard setback line and shall not be diminished throughout the remainder of the lot. Such lots shall have a minimum lot width of forty (40) feet at the front property line.

(3) For corner lots, the depth of the lot shall be measured along the longest front lot line which is parallel or

generally parallel to the public or private street right-of-way or easement. The width of the corner lot shall be that front lot line which parallels or is generally parallel to the public or private street right-of-way or easement and is the shorter of the two front lot lines. Where such lot lines are of equal length, the Zoning Administrator shall determine the measurement of lot width to depth for purposes of this Chapter.

(4) The Planning Commission may permit the division of a lot or parcel which does not comply with the above

provisions provided that the following findings are made:

(a) That the greater width to depth ratio is necessitated by condition of the land which makes compliance with this Section impractical. Such conditions may include topography, road access, soil conditions, wetlands, flood plains, water bodies, or other similar unique conditions.

(b) That the division and use of such lot or parcel will not conflict with other federal, state, county, or this Code or applicable regulations, unless an appropriate variance or approval is granted as required or permitted by such laws or regulations.

(B) Access.

(1) Any land division shall front upon a public street or private road right-of-way or easement meeting the requirements of the City‘s Zoning Ordinance for the minimum lot width required by the zone district in which the lot or parcel is located.

CHAPTER 28 LAND DIVISION

(2017) 28-3

(2) Any proposed points of ingress or egress to a lot or parcel created by the land division must meet the location and design standards of the City or other authority having jurisdiction over the roadway to which access is planned.

(C) A lot or parcel created by a land division shall comply with all requirements of this Chapter and other applicable

provisions of this Code and regulations. (D) The City Assessor, with the approval of the Planning Commission, may stipulate such additional conditions and

safeguards deemed necessary to ensure compliance with the requirements of this Chapter. 28-6 ADOPTION OF LAND DIVISION ACT The City, by this reference, adopts all rules and regulations pursuant to the Land Division Act, and makes the rules and regulations part of this Chapter. 28-7 REMEDIES AND ENFORCEMENT A violation of any provision of this Chapter is hereby declared to be a nuisance, per se. A violation of this Chapter is a municipal civil infraction, for which the fine and penalties shall be as provided in this Code and shall be not less than One Hundred ($100) Dollars nor more than Five Hundred ($500) Dollars for the first offense and subsequent offenses, in the discretion of the Court, and in addition of all other costs, damages, and expenses provided by law. For purposes of this section, "subsequent offense" means a violation of the provisions of this Ordinance committed by the same person within twelve (12) months of a previous violation of the same provision of this Ordinance for which said person admitted responsibility or was adjudicated to be responsible; provided however, that offenses committed on subsequent days within a period of one (1) week following the issuance of a citation for a first offense shall all be considered separate first offenses. Each day during which any violation continues shall be deemed a separate offense.

CHAPTER 28 LAND DIVISION

(2017) 28-4

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 29-1

CHAPTER 29 - LAND SUBDIVISION 29-1 SHORT TITLE. This Chapter shall be known as the City of Three Rivers Subdivision Ordinance. 29-2 POLICY. (A) It is the policy of the City to consider the subdivision of land and its subsequent development as being subject to the

control of the City for the orderly, planned and economic development of the City according to the City's master plan. (B) Land to be subdivided shall be of a character that it can be used safely for building purposes without danger to

health, safety and general welfare of City residents. Land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water supply, sewerage, and capital improvements and amenities generally available throughout the City.

(C) The existing and proposed public improvements shall conform to and be properly related to the proposals shown in

the master plan, land use map, and capital improvements program of the City. It is intended that provisions of this Chapter shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances, master plan, land use map, capital improvements program, and engineering standards of the City.

29-3 PURPOSE. The purpose of this Chapter is to regulate and control the subdivision of land within the City in order to promote the safety, public health, and general welfare of the community. These regulations are specifically designed to: (A) Provide for orderly growth and harmonious development of the community, consistent with orderly growth policies

and plans. (B) Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares,

adjoining subdivisions, and public facilities. (C) Achieve individual property lots of maximum utility and livability. (D) Insure adequate provision for water, drainage, and sanitary sewer facilities, and other health requirements. (E) Plan for the provision of adequate recreational areas, school sites, and other public facilities. 29-4 LEGAL BASIS. This Chapter is enacted pursuant to the statutory authority granted by the Subdivision Control Act of 1967, Act 288, P.A. 1967, as amended, hereafter in this Chapter referred to as the Subdivision Control Act. 29-5 DEFINITIONS (As used in this Chapter):

Alley means a minor way used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Arterial street means a street of considerable continuity which carries a large volume of both private and commercial vehicles and is used primarily as a traffic artery for intercommunication between large areas.

Block means an area of land within a subdivision entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks or a combination thereof, or by the exterior boundary or boundaries of the subdivision.

Collector street means those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within the development.

Condominium Act. Act 59, PA 1978, as amended.

Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or by-laws which affect the rights and obligations of a co-owner in the condominium.

Condominium lot. The condominium unit and the contiguous limited common element surrounding the condominium unit shall be the counterpart of the term "lot" as that term is used in connection with a project developed under the Subdivision Control Act, Act 288 PA 1967, as amended, or as such term is used in this Chapter.

Condominium unit. That portion of a condominium project designed and intended for a separate ownership and use, as described in the master deed. Cul-de-sac means short streets having one (1) end open to traffic and being terminated at the other end by a permanent vehicular turnaround.

CHAPTER 29 LAND DIVISION

(2017) 29-2

Easement means a grant by the owner of the use of a strip of land to another person for specific uses and purposes and shall be designated a "public" or "private" easement depending on the nature of the user, and in conformance with the Subdivision Control Act.

Final plat means a map of all or part of a subdivision prepared by and its accuracy certified by a registered engineer or land surveyor in accordance with requirements of the Subdivision Control Act, and suitable for recording with the Register of Deeds.

Improvements means a grading, street surfacing, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, and other appropriate items with appurtenant construction.

Lot means a parcel, tract, or portion of land separated from other parcels or portions by descriptions as in a subdivision or on a record survey map or by metes and bounds for purpose of sale, lease or separate use.

Lot split means the division of a parcel of land, whose boundaries are fixed on a recorded plat, into more than two (2) but not more than four (4) lots or tracts.

Major and Local Street Plan means the master thoroughfare plan for the City as approved by the Planning Commission.

Marginal access streets means minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

Master deed. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.

Master plan means the master plan for the City as approved by the Planning Commission and including any unit or part of the plan separately adopted and any amendment to the plan or parts thereof.

Minor streets means streets which are used primarily for access to abutting residential properties.

Official map means the map established by the City Commission showing City streets, highways and parks as laid out, adopted and established by law and any amendments thereto adopted by the City Commission or additions to the map resulting from the approval of subdivision plats by the Planning Commission and subsequent filing of such plats.

Owner means a person who may hold any ownership interest in not less than twenty (20) acres of land whether or not of record.

Planning Commission means the Planning Commission of the City.

Preliminary plat means the preliminary map, drawing or chart indicating the proposed layout of a subdivision to be submitted to the Planning Commission for its consideration.

Public open spaces means land dedicated or reserved for use by the general public. It includes parks, parkways, recreation areas, school sites, community or public building sites, streets and highways and public parking spaces.

Public utility means a firm, corporation, co-partnership or municipal authority providing gas, electricity, water, steam, telephone, sewer, transportation, or other services of a similar nature.

Site condominium. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the Zoning District in which the condominium development is located and in which each co-owner owns the exclusive right to a volume of space within which he or she may construct a structure or structures, as provided in the master deed.

Street means any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way which is an existing state, county, or city roadway; or a street or way shown on a plat approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded with the Register of Deeds; and including the land between the street lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, parking areas, lawn areas, and other areas within the street lines.

Street width means the shortest distance between the lines delineating the right-of-way of streets.

Subdivider means any person presenting a subdivision for approval.

Subdivision means the subdivision of land as defined in the Subdivision Control Act.

Technical staff means the City Manager and/or his or her duly delegated representative(s).

Zoning Ordinance means the City of Three Rivers Zoning Ordinance.

CHAPTER 29 LAND DIVISION

(2017) 29-3

29-6 ADMINISTRATION. The approval provisions of this Chapter shall be administered by the City Commission in accordance with the Subdivision Control Act, and in accordance with the provisions of this Chapter. 29-7 JURISDICTION. (A) The provisions of this Chapter shall apply to all subdivisions of land within the City. (B) No land shall be subdivided within the City except as provided for under this Chapter. (C) No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by

subdivision and is not in conformity with the provisions of this Chapter. (D) No excavation of land or construction of any public or private improvements shall take place or be commenced

except in conformance with this Chapter. 29-8 PLATTING PROCEDURE AND DATA REQUIRED.

29-8.1 Optional Sketch Plan Review Purpose. The subdivider may submit to the Planning Commission a sketch of the proposed subdivision for discussion and review prior to preparation and filing of a preliminary plat. While not required, this is recommended for the following purposes:

(A) To provide guidelines for the subdivider concerning development policies of the City.

(B) To acquaint the subdivider with the planning procedures and requirements of the City.

(C) To provide the Planning Commission and other affected agencies with general information concerning the

proposed development.

29-8.2 Acceptance. Acceptance of the sketch plan does not assure acceptance of the preliminary plat.

29-8.3 Sketch Plan Requirements. (A) The sketch plan shall show the subdivision's entire development scheme in schematic form, including the

area for immediate development, and shall include the following:

(1) General layout of streets, blocks and lots in sketch form.

(2) Existing conditions and characteristics of the land on and adjacent to the site.

(3) Any general area set aside for schools, parks and other community facilities.

(B) A letter from a registered civil engineer or land surveyor concerning the general feasibility of the land for subdividing.

(C) Proof of ownership of the land proposed to be subdivided. 29-8.4 Optional Sketch Plan: Procedure. (A) The subdivider shall submit eleven (11) copies of the sketch plan to the City Clerk at least ten (10) days

before the next meeting of the Planning Commission at which the plan is to be considered.

(B) The Clerk shall transmit one (1) copy each to the City Manager, City Engineer, and City Planning Director with remaining copies distributed to members of the Planning Commission.

(C) The Planning Commission shall review the sketch plan with the subdivider or his or her agent.

(D) The Planning Commission shall inform the subdivider of the City's development policies and make

appropriate comments and suggestions concerning the proposed development scheme.

(E) The Planning Commission shall inform the City Commission in writing of the results of the sketch plan review.

29-8.5 Preliminary Plats: General Requirements. (A) Before making or submitting a final plat for approval, the subdivider shall make a preliminary plat and submit

copies to the City Clerk. A preliminary plat shall show the name, location, and position of the subdivision and the subdivision plan and layout in sufficient detail on a topographic map to enable a determination of whether the subdivision meets requirements for lots, streets, roads and highways, drainage, flood plains, and other requirements of this Chapter.

(B) The preliminary plat shall be submitted on unbacked paper not less than twenty-four (24") inches by thirty-

six (36") inches. 29-8.6 Contents of Preliminary Plat. The preliminary plat shall include:

(A) Name of proposed subdivision.

CHAPTER 29 LAND DIVISION

(2017) 29-4

(B) Names and addresses of the owner, subdivider, and engineer/surveyor, including seal.

(C) Date, north arrow and scale, both written and graphic. The scale shall be not more than two hundred (200')

feet to one (1") inch.

(D) Boundary lines and acreage of tract to be subdivided including a map of the entire area scheduled for development if the proposed plat is a portion of a larger holding intended for subsequent development.

(E) The names of abutting subdivisions, if any.

(F) A location map identifying the subdivision by section, township and range, and identifying major and

collector roads.

(G) The land use and existing zoning of the proposed subdivision and adjacent tracts including any structures and natural features which would influence the layout and design of the subdivision.

(H) Statement of intended use of the proposed plat including a schedule of residential dwelling types,

commercial, industrial as well as any sites proposed for parks, playgrounds, schools, flood plain zones, or other similar uses.

(I) Lot lines, approximate lot dimensions, and lot numbers.

(J) Street names, rights-of-way, and roadway widths of all existing and proposed streets within and adjacent to

the proposed subdivision.

(K) Existing topography as shown by contours at five (5') feet intervals where slope is greater than ten (10%) percent and two (2') feet intervals where slope is ten (10%) percent or less.

(L) Utilities on and adjacent to the tract; location, size and invert elevation of sanitary, storm, and combined

sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direct and distance to, and size of nearest ones, showing invert elevation of sewers.

(M) Location, width and purpose of easements.

(N) Proposed building setback lines.

(O) Exact location of the subdivision and the description of all monuments found or placed in making the survey.

(P) Copies of existing and proposed protective covenants and deed restrictions, or state in writing that none are

existing or proposed.

29-8.7 Preliminary Engineering Plans. The subdivider shall submit two (2) sets of preliminary engineering plans for street, water, sewers, sidewalks, and other required public improvements. The plans shall contain enough information and detail to enable the City Engineer to make preliminary determination as to conformance of the proposed improvements to applicable provisions of this Code and City regulations and standards. 29-8.8 Procedure for Tentative Approval of Preliminary Plat. (A) The subdivider shall submit four (4) but not more than ten (10) copies of the preliminary plat, inclusive of all

required information, to the City Clerk together with the prescribed review fee. The subdivider shall also submit to the City Clerk all names and addresses necessary to comply with Paragraph (C), (2) of this Subsection.

(B) The City Commission within ninety (90) days from the date of filing shall tentatively approve the preliminary

plat and note its approval on the copy to be returned to the subdivider, or reject the preliminary plat and state in writing its reasons for rejection and requirements for tentative approval.

(C) Prior to granting tentative approval or rejection of the preliminary plat, the City Commission shall refer the

plat to the Planning Commission for approval or disapproval in accordance with the following procedures:

(1) The Planning Commission shall conduct a public hearing on the preliminary plat.

(2) A notice of the public hearing shall be published in a local newspaper at least fifteen (15) days prior to the date set for public hearing on the preliminary plat. Fifteen (15) days’ notice of the public hearing shall also be given by United States mail to all abutting property owners to the proposed subdivision, all City and County public agencies concerned, the School Board, and all utility companies for review and recommendations.

(3) The Planning Commission shall approve or disapprove the proposed plat within a time frame that

will allow the City Commission to meet the ninety (90) day requirement.

CHAPTER 29 LAND DIVISION

(2017) 29-5

(4) A resolution containing the Planning Commission's recommendation and the written reasons for any modifications, waivers, or disapprovals shall be forwarded to the City Commission for tentative approval or rejection of the preliminary plat.

(D) The subdivider shall obtain tentative approval of the preliminary plat from the City Commission before

proceeding with the filing of the final plat.

(E) Tentative approval of the preliminary plat shall confer upon the subdivider for a period of one (1) year approval of the preliminary plat. The tentative approval may be extended if applied for by the subdivider and granted by the City Commission in writing.

29-8.9 Procedure for Final Approval of Preliminary Plat. (A) The subdivider shall submit a preliminary plat to all authorities as required by the Subdivision Control Act

together with a list of all the authorities and their addresses to the City Clerk.

(B) After approval of the preliminary plat by the authorities required under the provisions of the Subdivision Control Act, the subdivider shall submit all approved copies to the City Clerk. The City Commission shall then:

(1) Consider and review the preliminary plat at its next meeting, or within twenty (20) days from the

date of submission, and approve it if the subdivider has met all conditions laid down for approval of the preliminary plat, or reject the preliminary plat.

(2) Instruct the Clerk to promptly notify the subdivider of approval or rejection in writing, and if rejected

to give the reasons.

(3) Instruct the Clerk to note all proceedings in the minutes of the meeting, which minutes shall be open for inspection.

(C) Final approval of the preliminary plat approval under this Section shall confer upon the subdivider for a

period of two (2) years from date of approval the conditional right that the general terms and conditions under which preliminary plat approval was granted will not be changed. The two (2) year period may be extended if applied for by the subdivider and granted by the City Commission in writing. Written notice of the extension shall be sent by the City Commission to the other approving authorities.

29-8.10 Procedure for Final Plat Approval. (A) When the final plat has been prepared in accordance with the Subdivision Control Act and approved by the

Drain Commissioner and the County Road Commissioners, the subdivider shall submit all copies of the plat to the City Clerk together with the appropriate fee for review of final plat plus filing and recording fees. The subdivider shall also submit the approved subdivision agreement in accordance with Subsection 29-8.11. At its next regular meeting, or at a meeting called with twenty (20) days of the date of submission the City Commission shall:

(1) Approve the plat if it conforms to all of the provisions of this Chapter and instruct the Clerk to certify

on the plat to the City Commission's approval, showing the date of the City Commission's approval, the approval of the Health Department, when required, and the date as shown on the approved preliminary plat; or

(2) Reject the plat, instruct the Clerk to give the reasons in writing as contained in the minutes of the

meeting, and return the plat to the subdividers.

(3) Instruct the Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection.

29-8.11 Subdivision Agreement Required. (A) No installation or construction of any improvements shall be made before the final plat has been recorded

with the Register of Deeds, and only after the engineering plans have been approved by the City Engineer.

(B) The City shall, prior to approval of the final plat by the City Commission, require the subdivider to enter into an agreement with the City, which agreement shall define the respective responsibilities of the City and the subdivider in regard to the conditions of approval and the physical development of the subdivision. The agreement shall include:

(1) Any exception or modification of any requirements of this Chapter provided, however, that no

exception or modification shall authorize any violation of the City Zoning Ordinance (Chapter 30 of this Code).

(2) A progress schedule of the order and time of the installation of improvements in the subdivision.

(3) A provision that the subdivider shall construct the following improvements in accordance with the

progress schedule, and its design standards, at no expense to the City:

(a) Streets.

CHAPTER 29 LAND DIVISION

(2017) 29-6

(b) Curbs and gutters.

(c) Sidewalks and crosswalks.

(d) Water mains, laterals and manholes.

(e) Sanitary sewer mains, laterals and manholes.

(f) Storm sewer mains, laterals and manholes.

(g) Grading which will prevent surface storm water from causing damage to lots within the

subdivision or to land adjacent to subdivision.

(h) All street name signs and traffic signs (to be installed by City).

(i) All trees located on private lots in accordance with City specifications.

(j) Metal corner stakes on each lot in the subdivision.

(k) Water shutoff valves at the locations shown on the construction plans approved by the City.

(4) A provision that the subdivider make arrangements for all local distribution lines within a subdivision

(exclusive of main supply lines, perimeter feed lines and necessary surface facilities) for telephone and all other communications systems and electric service to be placed underground entirely throughout a subdivided area, and the conduits or cables shall be placed within private easements provided to such utility companies by the subdivider or within dedicated public ways. Telephone and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All telephone and electrical facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission.

(5) All drainage and underground utility installations which traverse privately owned property shall be

protected by easements granted by the subdivider. The subdivider shall bear any increase in costs, if any, over the normal mode of construction of telephone and electrical lines and facilities, as determined by the telephone and electric company involved, in accordance with the applicable rules and regulations.

(6) A provision that the subdivider shall reimburse the City for all inspection costs incurred by the City

in hiring the services of a registered civil engineer to inspect the improvements required by this Code to determine compliance with this Code and the design standards of this Code.

(7) A provision that the subdivider will supply the City with reproducible copies of as-built drawings of

all improvements upon completion of the improvements.

29-9 SUBDIVISION DESIGN STANDARDS.

29-9.1 Streets and Roads - Minimum Standards. (A) The standards provided in this Chapter for streets, roads and intersections shall be minimum standards.

Any higher standards adopted by the City Engineer shall prevail.

(B) All streets shall be dedicated to public use. Arterial streets shall be dedicated to public use in all cases.

29-9.2 Location. (A) Street Location and Arrangements. Subdivision streets shall be required to conform with the City's major

street plan.

(B) Local or Minor Streets. Streets shall be arranged as to discourage their use by through traffic.

(C) Street Continuation and Extension. The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions unless otherwise approved by the Planning Commission.

(D) Stub Streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions

shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjacent areas.

(E) Relation to Topography. Streets shall be arranged in proper relation to topography so as to result in usable

lots, safe streets, and reasonable gradients.

(F) Alleys. Alleys shall not be permitted in areas of detached single or two (2) family residences. (G) Marginal Access Streets. Where a subdivision abuts or contains an arterial street, the City may require:

CHAPTER 29 LAND DIVISION

(2017) 29-7

(1) Marginal access streets approximately parallel to and on each side of the right-of-way.

(2) Other treatment as the City deems necessary for the adequate protection of residential properties

and to afford separation of through and local traffic.

(H) Cul-de-sac Streets. Cul-de-sacs shall not be more than five hundred (500') feet in length. Special consideration shall be given to longer cul-de-sacs under certain topographic conditions or other unusual situations. Cul-de-sacs shall terminate with an adequate turn-around with a minimum radius of one hundred (100') feet for right-of-way and seventy (70') feet for pavement.

(I) Half Streets. Half streets shall generally be prohibited except where unusual circumstances make it

essential to the reasonable development of a tract in conformance with this Chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract, according to the requirements of the City.

(J) Private Streets. Private streets and roads shall generally be prohibited.

29-9.3 Specifications. (A) Street Rights-of-Way Roadway Widths. Street and road right-of-way and roadway widths shall conform to

the adopted major street plan standards promulgated by the City Engineer and the applicable rules of the County Road Commission and the State Department of Transportation.

(B) Street Gradients.

(1) Maximum Grades. Street grades shall not exceed five (5%) percent on either local streets or

collector streets.

(2) Minimum Grades. No street grade shall be less than one-half of one (0.5%) percent.

(C) Street Alignment.

(1) Horizontal Alignment. When street lines deflect from each other by more than ten (10Ε) degrees in alignment, the center lines shall be connected by a curve with a minimum radius of five hundred (500') feet for arterial streets, three hundred (300') feet for collector streets and one hundred fifty (150') feet for local or minor streets. Between reverse curves, on minor streets, there shall be a minimum tangent distance of one hundred (100') feet, and on collector and arterial streets, two hundred (200') feet.

(2) Vertical Alignment. Minimum sight distances shall be two hundred (200') feet for minor streets and

three hundred (300') feet for collector streets.

29-9.4 Street Names. Street names shall not duplicate any existing street name in the City except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same shall be prohibited. Duplications can be avoided by checking new street names with the City master listing. All new streets shall be named as follows: Streets with predominant east-west directions shall be named "Avenue" or "Road"; streets with predominant north-south directions shall be named "Street" or "Highway"; meandering streets shall be named "Drive", "Lane", "Path" or "Trail"; and cul-de-sacs shall be named "Circle", "Court", "Way", or "Place".

29-9.5 Intersections. (A) Angle of Intersections. Streets shall intersect at ninety (90Ε) degrees or closely thereto and in no case at

less than eighty (80Ε) degrees.

(B) Sight Triangles. Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is one hundred twenty-five (125') feet from the center of the intersection.

(C) Number of Streets. No more than two (2) streets shall cross at any one (1) intersection.

(D) T Intersections. Except on arterials and certain collectors, "T" type intersections shall be used where

practical.

(E) Centerline Offsets. Slight jogs at intersections shall be avoided. Where such jogs are unavoidable, street centerlines shall be offset by a distance of one hundred twenty-five (125') feet or more.

(F) Vertical Alignment of Intersection. A nearly flat grade with appropriate drainage slopes is desirable within

intersections. This flat section shall be carried back fifty (50') feet to one hundred (100') feet each way from the intersection. An allowance of two (2%) percent maximum intersection grade in rolling and four (4%) percent in hilly terrain will be permitted.

29-9.6 Pedestrian ways.

CHAPTER 29 LAND DIVISION

(2017) 29-8

(A) Crosswalks. Right-of-way for pedestrian crosswalks in the middle of long blocks shall be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The right-of-way shall be at least ten (10') feet wide and extend entirely through the block.

(B) Sidewalks. Sufficient right-of-way shall be provided for sidewalks to be installed on both sides of all streets.

29-9.7 Easements.

(A) Location. Easements shall be provided for utilities when necessary. The total width shall not be less than

six (6') feet along each lot, or a total of twelve (12') feet for adjoining lots.

(B) Drainage way. The subdivider shall provide drainage way easements as required by the rules of the County Drain Commissioner.

29-9.8 Blocks.

(A) Arrangements. A block shall be so designed as to provide two (2) tiers of lots except where lots back onto

an arterial street, natural feature or subdivision boundary.

(B) Minimum Length. Blocks shall not be less than five hundred (500') feet long.

(C) Maximum Length. The maximum length allowed for residential blocks shall be one thousand three hundred twenty (1,320') feet long from center of street to center of street.

29-9.9 Lots.

(A) Conform to Zoning. The lot width, depth, and area shall not be less than the particular district requirements

of the Zoning Ordinance except where outlots are provided for some permitted purpose.

(B) Lot Lines. Side lot lines shall be essentially at right angles to straight streets and radial to curved streets.

(C) Width Related to Length. Narrow deep lots shall be avoided. The depth of a lot generally shall not exceed two and one-half (2 ½) times the width as measured at the building line.

(D) Corner Lots. Corner lots shall have extra width to permit appropriate building setback from both streets or

orientation to both streets. Lots abutting a pedestrian mid-block crosswalk shall be treated as corner lots.

(E) Uninhabitable Areas. Lands subject to flooding or otherwise deemed by the Planning Commission to be uninhabitable shall not be platted for residential purposes, or for uses that may in the judgment of the Planning Commission increase the danger to health, life, or property or increase the flood hazard. Uninhabitable land within a subdivision shall be set aside for other uses such as parks or other open space.

(F) Backup Lots. Lots shall back into such features as freeways, arterial streets, shopping centers, or industrial

properties except where there is a marginal access street unless a secondary access is provided. These lots shall contain a landscaped easement along the rear at least twenty (20') feet wide in addition to the utility easement to restrict access to the arterial street, to minimize noise and to protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets shall be prohibited.

(G) Lot Frontage. All lots shall front upon a publicly dedicated street.

(H) Future Arrangements. Where parcels of land are subdivided into unusually large lots, the parcels shall be

divided, where feasible, so as to allow for resubdividing into smaller parcels in a logical fashion. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future resubdividing or lot splitting is contemplated, the plan shall be approved by the Planning Commission prior to the taking of such action.

29-9.10 PLANTING STRIPS AND RESERVE STRIPS.

(A) Planting Strips. Planting strips may be required to be placed next to incompatible features such as

highways, railroads, commercial, or industrial used to screen the view from residential properties. Screens shall be a minimum of twenty (20') feet wide, and shall not be a part of the normal roadway right-of-way or utility easement.

(B) Reserve Strips.

(1) Reserve Strips - Private. Privately-held reserve strips controlling access to streets shall be

prohibited.

(2) Reserve Strips - Public. A one (1') foot reserve may be required to be planted at the end of "stub" of "dead end" streets which terminate at subdivision boundaries and between half-streets. These reserve shall be deeded in fee simple to the City for future street purposes.

29-9.11 PUBLIC SITES AND OPEN SPACES.

CHAPTER 29 LAND DIVISION

(2017) 29-9

(A) Public Uses. Where a proposed park, playground, school or other public use shown on the comprehensive

development plan is located in whole or in part within a subdivision, a suitable area for this purpose may be dedicated to the public or reserved for public purchase.

(B) Natural Features. Existing natural features which add value to residential development and enhance the

attractiveness of the community (such as trees, watercourses, historic spots, and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision.

(C) Shade Trees Required.

(1) As a requirement of subdivision approval, the subdivision shall plant shade trees on the property of

the subdivision. Shade trees are to be planted within five (5') feet of the right-of-way of the road or roads within and abutting the subdivision; or, at the discretion of the Planning Commission, within the right-of-way of such roads. One (1) tree shall be planted for every forty (40') feet of frontage along each road unless the Planning Commission, upon recommendation of the City Engineer, shall grant a waiver. Waiver shall be granted only if there are trees growing along such right-of-way or on the abutting property which in the opinion of the Planning Commission comply with the provisions of this Section.

(2) New trees to be provided pursuant to this Section shall be approved by the City Engineer and shall

be planted in accordance with the regulations of the City Engineer. Trees shall have a minimum trunk diameter (measured twelve (12") inches above ground level) of not less than two (2") inches. Only oak, honey locust, hard maples, ginkgo, or other long-lived shade trees, acceptable to the City Engineer and to the Planning Commission shall be planted.

(3) The preliminary plat and final plat shall reserve and easement authorizing the City to plant shade

trees within five (5') feet of the required right-of-way of the City.

29-9.12 LARGE SCALE DEVELOPMENTS.

(A) Modifications. This Chapter may be modified in accordance with Section 29-11 in the case of a subdivision large enough to constitute a complete community or neighborhood, consistent with the comprehensive development program which provides and dedicates adequate public open space and improvements of the circulation, recreation, education, light, air, and service needs of the tract when fully developed and populated.

(B) Neighborhood Characteristics. A community or neighborhood under this provision shall generally be

consistent with the comprehensive plan and contain five (500) hundred living units or more, contain or be bounded by major streets or natural physical barriers as necessary, and shall contain reserved areas of sufficient size to serve its population, for schools, playgrounds, parks, and other public facilities. Reserves shall be dedicated.

29-9.13 COMMERCIAL AND INDUSTRIAL DEVELOPMENT.

(A) Commercial or Industrial Modification. These subdivision design standards may be modified in accordance

with Section 29-11 in the case of subdivisions specifically for commercial or industrial development including shopping districts, wholesaling areas, and planned industrial districts. In all cases, however, adequate provisions shall be made for off-street parking and loading areas as well as for traffic circulation.

29-10 SUBDIVISION LOT SPLITS.

29-10.1 Lot Division. After a subdivision has been recorded, platted lots may thereafter be divided with the approval of the City Commission into not more than four (4) parts provided that the resulting lots or parcels or combinations shall meet with the requirements of this Chapter and all other provisions of this Code.

(A) The owner of any platted lot in the City who desires to divide such lot into not more than four (4) parcels

without replatting pursuant to this Chapter and the Subdivision Control Act shall submit plans to the Planning Commission in the same manner, as nearly as possible, as required for preliminary plats, and request that the Planning Commission make a recommendation thereon to the City Commission for approval or disapproval by resolution of the City Commission, as provided in the Subdivision Control Act.

29-11 VARIANCE.

29-11.1 General. The Planning Commission may recommend to the City Commission a variance from the provisions of this Chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this Chapter or the application of such provisions or requirement is impracticable. The Planning Commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings as required below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Planning Commission finds after public hearing:

CHAPTER 29 LAND DIVISION

(2017) 29-10

(A) That there are special circumstances or conditions affecting the property that the strict application of the

provisions of this Chapter would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his or her reasons in writing, as to the specific provision or requirement involved, and submit them to the Planning Commission.

(B) That the granting of the specified variance will not be detrimental to the public welfare or injurious to other

property in the area in which property is situated.

(C) That the variance will not violate the provisions of the Subdivision Control Act.

(D) That the variance will not have the effect of nullifying the interest and purpose of this Chapter and the comprehensive development plan of the comprehensive development plan. The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendations to the City Commission and shall also record its reasons and actions in its minutes.

29-11.2 Topographical-Physical Limitation Variance. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this Chapter would result in extraordinary hardship to the sub-divider because of unusual topography, other physical conditions, or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Chapter, the Planning Commission may recommend to the City Commission that variance modification or a waiver of these requirements be granted.

29-11.3 Planned Unit Development Variance. The subdivider may request a variance from specified portions of this Chapter in the case of a planned unit development. If in the judgment of the Planning Commission such a plan provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs, it shall make findings as required below. The Planning Commission shall take into account the nature of the proposed use of land and existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Planning Commission shall report to the City Commission whether:

(A) The proposed project will constitute a desirable and stable community development.

(B) The proposed project will be in harmony with adjacent areas.

29-11.4 Vote Required. Variances may be granted only by the affirmative vote of two/thirds (2/3) of all members of the Planning Commission.

29-12 ENFORCEMENT. No subdivision plat required by this Chapter or the Subdivision Control Act shall be admitted to the public land records of the County or received or recorded by the Register of Deeds until such plat has received final approval of the City Commission. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any public improvements required by this Chapter unless the public improvements shall correspond in its location and to the other requirements of this Chapter. 29-13 SCOPE. It is not intended by this Chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or of any private restrictions placed upon property by covenant, deed, or other private agreement. Where this Chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot area, or larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or this Code or by such rules, regulations, or permits or by such private restrictions the provisions of this Chapter shall control. 29-14 CONDOMINIUM DEVELOPMENT STANDARDS. The intent of this Section is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership. 29-14.1 General Requirements.

(A) Each condominium lot shall be located within a Zoning District that permits the use proposed upon such lot.

(B) Each condominium lot shall front on and have direct access to a public street or a private street approved by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets as established and in accordance with the City of Three Rivers engineering standards.

(C) All condominium project plans shall conform to the plan preparation requirements, design, layout and

improvement standards, and all other requirements of this Chapter and Chapter 30 of this Code.

(D) For the purpose of this Section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the Zoning District within which it is located.

29-14.2 Site Plan Approval Required. Preliminary approval and final approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand or convert a site condominium project. Preliminary and final approval should not be combined.

(A) Preliminary Approval

CHAPTER 29 LAND DIVISION

(2017) 29-11

(1) A site plan pursuant to the standards and procedures set forth in Section 29-8 of this Chapter shall be submitted to the Planning Commission for preliminary review.

(2) If the site plan conforms in all respects to applicable laws, ordinances and design standards as

provided in the applicable provisions of Section 29-8 and 29-9 of this Chapter and Chapter 30 of this Code, preliminary approval shall be granted by the Planning Commission.

(3) If the site plan fails to conform, the Planning Commission shall either deny the application, or grant

preliminary approval with conditions provided such conditions are met before final approval.

(B) Final Approval.

(1) Following preliminary approval, the applicant shall submit the condominium documents and master deed to the City staff for review. The condominium documents shall be reviewed with respect to all matters subject to regulation by the City including, without limitation: on-going preservation, maintenance of drainage, storm water retention, wetlands, woodlands, and other natural features; maintenance of private roads, if any; maintenance of storm water, sanitary, and water facilities and utilities; maintenance of common areas; snow removal, storage and landscaping.

(2) All review comments shall be submitted to the Zoning Official who shall compile the findings prior

to consideration of the site plan for final approval by the Planning Commission.

(3) Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the City's staff, the site plan shall be submitted to the Planning Commission for final review in accordance with 29-8 of this Chapter.

(4) If the site plan, condominium documents and/or engineering plans conform in all respects to

applicable laws, ordinances and design standards, final approval shall be granted by the Planning Commission.

(5) If the site plan, condominium documents and/or engineering plans fail to conform to this Chapter or

development standards, final approval shall be denied by the Planning Commission. (6) In the interest of ensuring compliance with this Chapter and protecting the health, safety and

welfare of the residents of the City, the Planning Commission, as a condition of final approval of the site plan, may require the applicant to deposit a performance guaranty for the completion of improvements associated with the proposed use.

29-14.3 Information Required Prior to Occupancy. Prior to the issuance of occupancy permits for any condominium unit, the applicant shall submit the following to the City:

(A) A copy of the recorded condominium documents (including exhibits). (B) A copy of any recorded restrictive covenants.

(C) A copy of the as-built site plan.

(D) Evidence of completion of improvements associated with the proposed use including two (2) copies of an "as-build survey".

29-14.4 Revision of Site Plan Condominium. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

29-14.5 Amendment of Condominium Documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of any preliminary or final site plan shall be reviewed and approved by the City staff and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the original site plan.

(2017) 29-12

THIS PAGE INTENTIONALLY LEFT BLANK

(2017) 30-1

CHAPTER 30 - ZONING

30-1 SHORT TITLE. This Chapter shall be known as the "City of Three Rivers Zoning Ordinance".

30-2 INTENT AND PURPOSE. The intent of this Chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. This Chapter shall divide the City into use districts and establish regulations in regard to location, erection, construction, alteration and use of structures and land. The regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of this Chapter; to provide for amendments; to prescribe penalties for violation of the regulations; and to define powers and duties of the Zoning Administrator, Planning Commission, Zoning Board of Appeals, and the City Commission in relation to the Zoning Ordinance.

30-3 MINIMUM REQUIREMENTS. Where the conditions imposed by any provision of this Chapter are either more or less restrictive than comparable conditions imposed by another ordinance, rule or regulations of the City, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirement shall prevail. The Zoning Administrator shall determine which is more "restrictive". Appeals from the Administrator's determination may be made in the manner provided in this Chapter. The provisions of this Chapter shall be the minimum requirements for the promotion of the public health, safety and welfare.

30-4 USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS. Whenever in any zoning district a use is not specifically permitted or denied, the use shall be considered prohibited. In such case, the City Commission, on its own initiative or upon request, may amend this Chapter in accordance with the process outlined in Section 30-33 to allow such use in a particular zoning district and specify conditions and standards relating to development of the use that would be most appropriate.

30-5 RULES OF CONSTRUCTION. This Chapter shall be interpreted in accordance with the following rules of construction:

(1) The singular number includes the plural, and the plural the singular.

(2) The present tense includes the past and the future tenses, and the future the present, unless the context clearly indicates the contrary.

(3) The word "shall" is mandatory; the word "may" is permissive.

(4) The masculine gender includes the feminine and neuter.

(5) All measured distances expressed in feet shall be to the nearest tenth of a foot.

(6) The particular shall control the general.

(7) In the case of any difference of meaning or implication between the text of this Chapter and any caption or illustration, the text shall control.

(8) A "building" or "structure" includes any part thereof.

(9) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(10) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either...or," the conjunction shall be interpreted as follows:

(a) “And" indicates that all the connected items, conditions, provisions, or events shall apply.

(b) “Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(c) “Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(11) Terms not herein defined shall have the meaning customarily assigned to them.

30-6 SEPARABILITY. The provisions of this Chapter are separable in accordance with the following:

(1) If any court of competent jurisdiction shall adjudge any provisions of this Chapter to be invalid, the judgment shall not affect any other provision of this Chapter not specifically included in the judgment.

(2) If any court of competent jurisdiction shall adjudge invalid the application on any provision of this Chapter to a particular property, building, or other structure, the judgment shall not affect the application of that provision to any other property, building, or structure not specifically included in the judgment.

CHAPTER 30 ZONING

(2017) 30-2

30-7 AUTHORITY. This chapter is enacted pursuant to the authority granted by the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

30-8 DEFINITIONS (As used in this Chapter):

Accessory Building means a type of structure that has a roof which is supported by columns or walls, is intended for the shelter or enclosure of persons, animals, goods or property, and is further intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related. Examples of accessory buildings include garages, storage sheds, gazebos, play houses, greenhouses, pump houses, and dog houses.

Accessory Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having such location, and that is intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related. Examples of accessory structures include accessory buildings, swimming pools, play structures, HVAC units, generators, and tennis courts.

Accessory Use means a use that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related.

Adult Foster Care, as defined by the Adult Foster Care Facility Licensing Act (PA 218 of 1979, as amended), means a governmental or nongovernmental establishment that provides foster care to adults. Adult foster care facility includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis, but who do not require continuous nursing care.

(1) Adult Foster Care Home, Family means a private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week for two (2) or more consecutive weeks. The licensee shall be a member of the household and an occupant of the residence.

(2) Adult Foster Care Home, Small Group means an adult foster care facility with the approved capacity to receive twelve (12) or fewer adults to be provided with foster care for five (5) or more days a week for two (2) or more consecutive weeks.

(3) Adult Foster Care Home, Large Group means an adult foster care facility with the approved capacity to receive at least thirteen (13), but not more than twenty (20) adults to be provided with foster care for five (5) or more days a week for two (2) or more consecutive weeks.

(4) Adult Foster Care Congregate Facility means an adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.

Agricultural Land means substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.

Alley means a public right-of-way not intended for general traffic circulation which affords secondary access to abutting property.

Apartment means one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than one dwelling unit.

Automobile Repair-Major means general repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning.

Automobile Repair-Minor means repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under "Automobile repair-major".

Automobile Wrecking or Junk Yard means any place where two (2) or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for wrecking or storing of such motor vehicles, or parts, including any commercial salvaging and scavenging of any other goods, articles or merchandise.

Banner means attention-getting devices which resemble flags and are of a paper, cloth or plastic-like consistency.

Base Flood means the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

Basement means that portion of a building which is partly or completely below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story (see Basement & Story Figure).

CHAPTER 30 ZONING

(2017) 30-3

Bed and Breakfast means a single family residential structure which has eight (8) or fewer sleeping rooms including sleeping rooms occupied by the innkeeper, one or more of which rooms are available for rent to transient overnight guests with breakfast provided only to residents and registered guests at no extra charge.

Billboards See "Sign - Advertising"

Block means that property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets or railroad right-of-way or subdivided acreage.

Boarding House means a building other than a hotel, motel, or bed and breakfast where, for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided to two (2) or more persons, not of the principal family therein, but not including a building providing these services for more than ten (10) persons.

Boulevard means the portion of a street right-of-way not occupied by pavement or surface area for vehicular traffic.

Buildable Area means the portion of a lot remaining after required yards have been provided.

Building means a structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals, or property of any kind.

Building Height means a distance to be measured from the grade level to the top of a flat roof, to the deck line of mansard roofs, and to the average height between eaves and ridge for gable, hip and gambrel roofs, or to a point equivalent to the foregoing on any other roof. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall (see Building Height Figure).

CHAPTER 30 ZONING

(2017) 30-4

Building Line means a line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions (see Building Line Figure).

Building Official means the person or persons responsible for the enforcement of applicable building codes.

Business means any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

Carport means a canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on two (2) or three (3) sides.

Child Care Organization, as defined by the Child Care Organizations Act (PA 116 of 1973, as amended), means a governmental or nongovernmental organization having as its principal function the receiving of minor children for care, maintenance, training and supervision, notwithstanding that educational instruction may be given. Child care organizations include organizations, agencies, children’s camps, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, day care group homes, or day care family homes.

(1) Child Care Home, Family means a private home in which one (1) but fewer than seven (7) minor children are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Care is given for more than four (4) weeks during a calendar year.

(2) Child Care Home, Group means a private home in which more than six (6) but not more than (12) minor children are given care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Care is given for more than four (4) weeks during a calendar year.

(3) Day Care Center means a facility, other than a private residence, receiving one (1) or more preschool or school-age children for periods of less than twenty-four (24) hours a day, and where parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. May also be referred to as a child care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.

Club or Lodge means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

Cluster Development means a development pattern for residential, commercial, industrial, institutional, or combination of such uses in which the uses are grouped or "clustered" through a density transfer, rather than spread evenly throughout a parcel, as in conventional lot-by-lot development.

Communication Tower means any structure, whether free-standing, or attached to an existing building or structure, that is designed and constructed primarily for use with a wireless communication facility and for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or mono-pole towers. The

CHAPTER 30 ZONING

(2017) 30-5

term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. Communication Towers are not defined as an essential use.

Conditional Use means use that, because of the special control problems the use presents, requires effectuation of reasonable but special limitations peculiar to the use for the protection of the public welfare and the integrity of the City's land use plan.

Condominium means a system of separate ownership of individual units and/or multiple-unit projects according to the provisions of the Michigan Condominium Act, Public Act 59 of 1978, as may be amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.

Contractors’ Offices, Shops and Yards means a building or buildings and area where a building, plumbing, electrical, heating and cooling, glazing, painting, paper hanging, roofing, communications, masonry or refrigeration company operates its business and stores equipment and supplies.

Development means any man-made change to improved or unimproved land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Dish means that part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.

Dish Type Satellite Signal Receiving Antenna See "Satellite Dish Antenna".

District means a section or sections of the City for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.

Domestic Assault Shelter means a dwelling providing temporary residential facilities for family or household members who are victims of domestic violence.

Donation Box means any metal container, receptacle, or similar device that is located on any parcel or lot of record within the City and that is used for soliciting and collecting donations of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any donation box located within an enclosed building.

Dwelling - Mobile Home means a structure, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle. Mobile homes which do not conform to the standards of this Chapter contained in the definition for "single-family" under "dwellings" shall not be used for dwelling purposes within the City unless located within a mobile home park or a mobile home plat zoned for such uses.

Dwelling - Multiple Family means a building containing three (3) or more dwelling units designated for residential use and conforming in all other respects to the standards set forth in the definition for "Dwelling Single Family".

Dwelling Single family means a building containing not more than one (1) dwelling unit designed for residential use, complying with the following standards:

(1) It complies with the minimum square footage requirements of this Chapter for the district in which it is located.

(2) Complies in all respects with applicable building codes, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any Federal or State standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the City Building Code, then and in that event such Federal or State standard regulations shall apply.

(3) It is attached to an approved frost free crawl space or basement of the same perimeter dimensions as the dwelling. The foundation shall be designed in accordance with the State Building Code.

(4) In the event that a dwelling is a mobile home, it shall be installed with the wheels removed. No mobile home shall have any exposed towing mechanism, undercarriage or chassis.

(5) The dwelling shall be connected to a public sewer and water supply.

(6) The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten (10%) percent of the square footage of the dwelling or one hundred (100) square feet, whichever shall be less.

(7) The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity. The following standards shall be used in determinations of acceptable similarity in appearance between dwelling units:

(A) The dwelling shall have a minimum width of twenty (20') feet across any front, side or rear elevation.

CHAPTER 30 ZONING

(2017) 30-6

(B) In general, any roofing material may be used that is generally acceptable material if applied in a manner consistent with other dwellings in the vicinity.

(C) The dwelling shall have a roof overhang of not less than six (6") inches on all sides, or alternatively, window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

(D) The dwelling shall have not less than two (2) exterior doors, one (1) of which shall be at the rear or side of the dwelling. Steps to exterior doors shall be provided where a difference in elevation exists between the bottom of the door and the ground.

(E) Any materials that are generally acceptable as determined by dwelling units in the vicinity may be used for exterior finish if applied in such a manner as to be similar in appearance provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel.

(F) The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling. Plans which do not conform to the standards of this Chapter shall be submitted for site plan review and approval in accordance with Section 30-36 and Chart 5.

(G) Any determination of compatibility shall be based upon the standards set forth in this definition of "Dwelling Single Family" as well as the character, design and appearance of one (1) or more residential dwellings located outside of mobile home communities and within two-thousand (2,000') feet of the subject dwelling where the area is developed with dwellings to the extent of not less than twenty (20%) percent of the lots situated within the area; or, where the area is not so developed, by the character, design and appearance of one (1) or more residential dwellings located outside of mobile home communities throughout the City. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(8) The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required by this Chapter.

(9) The dwelling complies with all applicable building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to the mobile home shall be on a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as those standards may be amended from time to time. All dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(10) The foregoing standards shall not apply to a mobile home located in a licensed mobile home community except to the extent required by State or Federal law or otherwise specifically required in this Chapter.

(11) All construction required herein shall be commenced only after a building permit has been obtained in accordance with applicable City building code provisions and requirements.

Dwelling - Two Family means a building containing not more than two (2) separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition for "Dwelling Single Family".

Dwelling Unit means a residential building or portion thereof intended for occupancy by a family, but not including bed and breakfasts, hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes, or trailers.

Efficiency Apartment means a dwelling unit consisting of one (1) principal room exclusive of bathroom, hallway, closets, or dining alcove.

Essential Services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies, but not including buildings. Communication Towers are not defined as an essential service.

Family means a person living alone, or two (2) or more persons customarily living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a hotel, club, religious or institutional building, boarding or lodging house, or fraternity or sorority house.

Fence means any portion structure, wall or gate erected as a dividing marker, barrier, or enclosure.

Fence-Boundary Line means all fences located on or within five (5') feet of a property line.

Fence-Interior Yard means all fences located five (5') feet or more beyond a property line.

CHAPTER 30 ZONING

(2017) 30-7

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land area from:

(1) The overflow of inland and/or waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Hazard Area means land which on the basis of available floodplain information is subject to a one (1%) percent or greater chance of flooding in any given year.

Flood Hazard Boundary Map (FHBM) means the official map of the City, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of "Flood").

Floodway means the channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood.

Floor Area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls, devoted to dwelling units, retailing activities, to the production, storage or processing of goods, or to business or professional offices. Floor area shall not include areas of basements, unfinished attics, attached garages, breezeways, utility rooms, and enclosed and unenclosed porches other than area devoted to the above-mentioned uses.

Garage-Private means an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5') feet from the building, between the building and a line five (5') feet from the building.

Grading means changing the natural or existing topography of land.

Ground Station See “Satellite Dish Antenna”.

Grounding Rod means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

Health Department means the Branch-Hillsdale-St. Joseph County Health Department.

Height See "Building Height"

Home Improvement Center means a retail business offering for sale building materials and home improvement products to home owners and contractors with at least seventy (70%) percent of the merchandise being stored or displayed in entirely enclosed structures.

Home Occupations means an occupation or profession conducted within a dwelling unit or on a residential lot by the inhabitants thereof, where such use is clearly incidental to the principle use of the dwelling as a residence, and where such use complies with the conditions and limitations as specified in this Chapter.

Housing for the Elderly means an institution which provides room and board to non-transient persons primarily fifty-five (55) years of age and older. Housing for the elderly may include the following:

(1) Senior Apartment. Multiple-family swelling units occupied by persons fifty-five (55) years of age or older.

(2) Elderly Housing Complex. A building or group of buildings containing swellings where the occupancy is restricted to persons fifty-five (55) years of age or older or couples where either the husband or wife is fifty-five (55) years of age or older.

(3) Congregate Housing. A type of semi-independent housing facility containing a common kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support service, such as transportation and limited medical care.

(4) Dependent Housing Facilities. Facilities such as nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

Junk Yard means land or building where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including, but not limited to, scrap, metal, rags, paper, hides, rubber products, glass products, lumber products, and products resulting from the wrecking of automobiles or other vehicles.

Kennel means an establishment in which more than three (3) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained or sold.

Loading Space or Berth means a space accessible from a street, alley way, in a building or on a lot, for the use of

CHAPTER 30 ZONING

(2017) 30-8

vehicles while loading and unloading merchandise, materials or passengers.

Lot means land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this Chapter, having not less than the minimum areas required for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the City Commission.

Lot Area means the total area within the lot lines of a lot.

Lot Area per Unit means the lot area required by this Chapter to be provided for each family in a dwelling.

Lot of Record means a parcel of land, whether subdivided or otherwise legally described as of August 22, 1983, or approved by the City as a lot subsequent to such date and which is occupied by or intended for occupancy by one (1) principal building or principal use together with any accessory buildings and such open spaces as required by this Chapter, and having its principal frontage on a street, or a proposed street approved by the City Commission.

Lot, Corner means a lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five (135°) degrees or less (See Interior Corner & Double Frontage Lots Figure).

Lot Depth means the shortest horizontal distance within the lot boundaries between the front lot line and the rear lot line measured from a ninety (90) degree angle from the street right-of-way (See Lot Depth & Lot Width Figure)..

Lot, Double Frontage means an interior lot having frontage on two (2) parallel or non-intersecting streets. In the case of a row of double frontage lots, one (1) street shall be designated as the front street in the plat and in the application for the building permit; or, if there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front (See Interior, Corner & Double Frontage Lots Figure).

Lot Frontage means that boundary abutting a street right-of-way.

Lot, Interior means any lot other than a corner lot (See Interior, Corner & Double Frontage Lots Figure).

CHAPTER 30 ZONING

(2017) 30-9

Lot Line means the lines bounding a lot as defined herein:

(1) Front Lot Line. In the case of an interior lot, the front lot line shall mean that line separating said lot from the street. In the case of a corner lot, both lot lines abutting on streets shall be treated as front lot lines. In the case of a double frontage lot, the front lot line shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a building permit.

(2) Rear Lot Line. That lot line opposite the front lot line. In the case of irregular, triangular, wedge shaped, or lots pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten(10) feet long lying farthest from the front lot line and wholly within the lot.

(3) Side Lot Line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot, Through See “Double Frontage Lot”.

Lot Width means the shortest horizontal distance between the side lot lines measured at right angles to the lot depth and measured at the required minimum building setback line (See Lot Depth & Lot Width Figure).

Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story occupying not more than thirty (30) percent of the floor area of such a main story.

Medical/Dental Clinic means a structure intended for providing medical and dental examinations and service available to the public, with no overnight care available.

Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story occupying not more than thirty (30) percent of the floor area of such main story.

Mobile Home See "Dwellings".

Mobile Home Community means a parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home, and which is not intended for use as a temporary trailer park.

Name plate means a sign indicating the name and address of a building or the name of an occupant thereof and the

CHAPTER 30 ZONING

(2017) 30-10

practice of a permitted occupation therein.

Non-Conforming Structure or Use means any structure or use which on August 22, 1983, did not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this Chapter.

Nursing Home (Rest Home) means a building having accommodations where care is provided for two (2) or more invalids, infirm, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions.

Off-Street Loading Space means a space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials.

Outdoor Solid Fuel-fired Furnace means a boiler or furnace, fueled by wood, coal, corn or other types of solid fuel, located outside of the structure it is intended to heat and designed or used to provide indoor heat and/or hot water. This definition does not apply to furnaces or boilers fueled by natural gas, propane, or fuel oil if the furnace or boiler is constructed and used in compliance with the City Code and inspected and approved by the City’s Building Official.

Outdoor Wood-Fired Boiler means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.

Overlay Zone means a set of zoning requirements, as provided in this Chapter, which are mapped and are imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones, or the more restrictive of the two (2) zones.

Parking Area means an open area, other than a street or other public way, used for parking of three (3) or more motor vehicles and available for public use whether for fee or as an accommodation for customer, clients, or residents.

Parking Space means an area enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress on an automobile.

Parking Stall See "Parking Space".

Permitted Use means use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

Person means an individual, firm, partnership, association, corporation, or organization of any kind.

Planned Unit Development (PUD) means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings, provision of common open space, density increases, and a mix of buildings types and land uses.

Porch means an exterior appendage to a building forming a covered approach to a doorway, which when sealed with permanent windows and used for dwelling purposes ceases to be an appendage to the building and is counted as part of the basic structure.

Principal Use means the main use of land or buildings as distinguished from subordinate or accessory uses. A "Principal Use" may be either permitted or conditional.

Private or Semi-Private means not open to the public, not publicly owned, or not otherwise regulated by the State, either by statute or by rules or regulations promulgated by a State administrative agency.

Public Place of Worship means a building, together with its permitted accessory buildings and structures, where persons regularly assemble for religious worship; including churches, mosques, chapels, temples, and synagogues.

Receiver means that part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.

Recreational Vehicle means a self-propelled or other vehicle which is used primarily for recreational purposes.

Recycling Facility means a recycling facility operated by a recycling dealer (including any corporation, partnership or any other commercial enterprise) who shall conduct or maintain as a business any building, structure, yard or place for keeping, sorting, storing, exchanging, buying or selling (including selling by consignment) any old or used recyclable or reusable material of any kind, including cloth, rags, paper, rubbish, rubber, bottles, iron, steel, brass, copper or any other metals, old boxes, cartons, crates, plastics, rubber tires, glass, or refuse or dismantled or cannibalized vehicles or vehicle parts, equipment or liquids from such vehicles.

Resource Recovery Facility see "Recycling Facility".

Roof Line means the top of the coping, or when the building has a pitched roof, the intersection of the outside wall with the roof.

Satellite Dish Antenna means one, or a combination of two or more of the following:

CHAPTER 30 ZONING

(2017) 30-11

(1) A signal receiving device (antenna, dish antenna, or dish type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit or other extraterrestrial sources.

(2) A low noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

(3) A coaxial cable, the purpose of which is to carry or transmit signals to receivers.

Screening means the presence of an artificial barrier, vegetation, or topography which makes any structure visually inconspicuous.

Setback means the distance between a building and street right-of-way or lot line. Distances are to be measured from the building foundation at ground level, excluding steps and unenclosed porches.

Setback, Minimum Required means the minimum distance between a front, side or rear lot line and the nearest part of the structure in order to conform to the required yard setback provisions of this Chapter.

Sign means the use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public.

Sign, Advertising See "Signs, Off-Premises advertising".

Sign Area means the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message, together with any frame or other material or color forming an integral part of the display, message, drawing, or similar device, or used to differentiate same from the background against which it is placed, excluding the necessary supports braces, or uprights of the sign.

Sign, Area Identification means a freestanding sign which identifies the name of a residential subdivision consisting of twenty-three (23) or more structures; an office or business structure containing three (3) or more independent concerns; a single business consisting of three (3) or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. A sign shall be limited to the identification of an area or complex and shall not contain the name of individual owners or tenants nor contain advertising.

Sign, Bulletin Board means a sign which identifies an institution or organization on the premises on which it is located, and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution.

Sign, Business means any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located.

Sign, Campaign means a temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.

Sign, Canopy means any message or identification which is affixed to a projection or extension of a building or structure, erected in a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.

Sign, Construction means a sign placed on a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.

Sign, Directory means an exterior informational sign which identifies the names of businesses served by a common public entrance and located in a single building or complex of buildings on a single lot.

Sign, Governmental means a sign erected as required by law, ordinance, or other governmental regulation.

Sign, Holiday means a temporary sign incidental to and customarily associated with any national, local or religious holiday.

Sign, Identification means a sign giving the nature, logo, trademark or other identifying symbol, address, or any business, development or establishment on the premises where it is located.

Sign, Informational means any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. These signs include, but are not limited to, designation of restrooms, telephone location, restrictions on smoking, door openings, and private traffic control and parking signs.

Sign, Institutional means a sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located.

Sign, Integral means a sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

Sign, Marquee means a sign or attached to a permanent overhanging shelter that projects from the face of the building and is supported entirely by the building.

CHAPTER 30 ZONING

(2017) 30-12

Sign, Monument means any freestanding sign mounted directly to a base with no clearance between the established grade and the bottom of the sign.

Sign, Non-Conforming.

(1) Legal Non-Conforming Sign means a sign which lawfully existed as of August 22, 1983, which does not conform with the regulations of this Chapter.

(2) Illegal Non-Conforming Sign means a sign constructed or erected after August 22, 1983, which does not conform with the provisions of this Chapter, and signs which unlawfully existed prior to August 22, 1983, and do not conform with the provisions of this Chapter.

Sign, Off Premises Advertising means any sign erected for the purpose of advertising a business, product, event, person, or subject not relating to the premises on which the sign is located.

Sign, Portable means a sign so designed as to be movable from one (1) location to another and which is not permanently attached to the ground, sales display device, or structure.

Sign, Projecting means a sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.

Sign, Pylon or Pole means any freestanding sign, not attached to a building, that is supported from the ground by a pole(s) or other structure so that the bottom edge of the sign face is five (5) feet or more above grade.

Sign, Real Estate means a business sign placed upon a property advertising that particular property for sale, for rent or for lease.

Sign, Roof means any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building.

Sign Structure means the supports, uprights, bracing and framework for a sign including the sign area.

Sign, Temporary means any sign which is erected or displayed for a specific period of time.

Sign, Wall or Fascia means a sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign shall not project more than twelve (12") inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.

Sign, Window means a sign affixed permanently to a window in view of the general public. This does not include merchandise on display. The total window area of the main floor of a business may be considered as one (1) window sign area.

Solar Collection Panel means any solar collector, skylight, or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, cooling, water heating, or for power generation.

Special Exception Use means any use specifically allowed within a given district subject to a review of an application for such use by the City to assure that all specified conditions are met.

Story means that portion of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty (50) percent, by cubic content, is below the height level of adjoining ground.

Half-Story means that portion of a building under a gable, hip or gambrel roof, the wall plates of which, at least two (2) opposite exterior walls, are not more than two (2') feet above the floor of such story, and basements where less than one-half (½) of the floor to ceiling height is below the average of the highest and lowest point of that portion of the lot covered by the building.

Street means a public thoroughfare thirty (30') feet or more in right-of-way width.

Street Frontage means the proximity of a parcel of land to one (1) street frontage, and a corner lot has two (2) frontages.

Structure means anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up and/or composed of parts jointed together in some definite manner whether temporary or permanent in character.

Structural Alterations means any change in the supporting members of a building, such as bearing walls, column, beams or girders.

Swimming Pool means any body of water in an artificial or semi-artificial receptacle or other container of a permanent or semi-permanent nature located within the City whether constructed above or below ground level, capable of being used or intended to be used for private or semi-private swimming or bathing by adults and children, and which has a depth of two (2') feet or more at any point.

CHAPTER 30 ZONING

(2017) 30-13

Temporary Use or Building means a use or building permitted to exist for a limited period of time under the conditions and procedures as provided for in this Code.

Town House means structures housing three (3) to eight (8) contiguous dwelling units of not more than two (2) stories each and having separate and individual front and rear entrances, such structures to be of the town or row house type as contrasted to multiple dwelling apartment structures.

Transient Merchant means the retail sale of goods, wares, merchandise or services within the City not located in a permanent structure or not conducting business on behalf of and solely for the benefit of a local non-profit organization.

Transitory Food Unit means a food service establishment duly licensed by the Department of Public Health that operates from a motor vehicle or is regularly transported by a motor vehicle and which does not regularly return to a fixed food service establishment licensed by the Department of Public Health for servicing and maintenance.

Use means the purpose or activity for which land or a building thereon is designated, arranged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this Chapter.

Usable Open Space means a required ground area or terrace area on a lot which is graded, developed, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot. Open space areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space.

Variance means a waiver by the Zoning Board of Appeals of the literal provisions of this Chapter in instances where its strict enforcement would cause practical difficulty because of physical circumstances unique to the individual property under consideration.

Vegetation means the sum total of plant life in an area; or a plant community with distinguishable characteristics.

Vehicle Impound Yard means an enclosed area where impounded and wrecked vehicles are held in custody.

Wind Energy Conversion System means a system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid.

Wind Energy Conversion System, On-Site means a wind energy conversion system which has a rated capacity of not more than 100 kilowatts (kW) and which is primarily intended to reduce on site consumption of utility power.

Yard means an open space on the lot which is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Chapter. A yard extends along a lot line at right angles to such lot line to a depth and width specified in the yard regulations for the zoning district in which the lot is located.

Yard, Front means a yard extending across the full width of the lot and lying between the front lot line and the nearest line of the main building, excluding steps and unenclosed porches. In the case of corner lots, the front yard shall be deemed to exist along each street frontage (See Yard Figure). Yard, Rear means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the main building, excluding steps and unenclosed porches.

Yard Depth, Rear means the horizontal distance between the rear line of the main building and the center line of an alley, where an alley exists; otherwise, a rear lot line.

Yard, Side means a yard between the side lot line and the nearest line of the building and extending from the front yard to the rear yard (See Yards Figure).

CHAPTER 30 ZONING

(2017) 30-14

Zoning Administrator means the person responsible for administration and enforcement of this Chapter. The Zoning Administrator shall be the City Manager or his/her designee.

30-9 NON-CONFORMING BUILDINGS, STRUCTURES AND USES.

(A) It is the purpose of this Section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses may be operated and maintained. This Chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. It is also the intent of this Section that all non-conforming uses shall be eventually brought into conformity.

(B) Any structure or use lawfully existing prior on the effective date of adoption or amendment of this Zoning Ordinance, may be continued at the size and in the existing manner of operation, except as otherwise provided in this Section.

(C) Nothing in this Chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Official, providing the necessary repairs shall not constitute more than fifty (50%) percent of a fair market value of the structure, as determined by the City Assessor.

(D) A non-conforming building, structure or use shall not be moved to another lot or to any other part of the parcel of land upon which it was constructed or was conducted prior to the effective date of adoption or amendment of this Zoning Ordinance, unless the move shall bring the non-conformance into compliance with the requirements of this Chapter.

(E) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed or returned to a non-conforming use.

(F) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of

CHAPTER 30 ZONING

(2017) 30-15

use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be altered or changed to increase the non-conformity.

(G) If at any time a non-conforming building, structure or use shall be destroyed to the extent of more than fifty (50%) percent of its fair market value, as determined by the City Assessor, then without further action by the City Commission, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all provisions of this Chapter for the district in which the land is located. Any building which is damaged to an extent of less than fifty (50%) percent of its value may be restored to its former extent.

(H) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six (6) months or more, any future use of the structure or land shall be made to conform with the provisions of this Chapter.

(I) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.

(J) Alterations may be made to a building of lawful non-conforming residential units when they will improve the livability thereof provided they will not increase the number of dwelling units or the non-conformity.

(K) Lawful non-conforming, non-income producing, residential units may be extended to improve livability, provided that the non-conformity of the structure will not be increased.

30-10 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS.

(A) Dwelling Unit Restrictions.

(1) No basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except as provided by Chapter 12 of this Code.

(2) Basements may be used as living quarters or rooms as a portion of residential dwelling subject to the provisions of Chapter 12 of this Code.

(3) Earth-sheltered housing shall not be considered as a basement or cellar.

(4) Tents, play houses or similar structures may be used for play or recreational purposes only.

30-11 PLATTED AND UNPLATTED LAND.

(A) Any person desiring to improve land shall submit to the Building Official a survey of the land and information on the location and dimensions of existing and proposed buildings, location of easements, encroachments, and any other information which may be necessary to insure conformance with provisions of this Chapter.

(B) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City.

(C) A lot of record existing upon August 22, 1983, in a residential district which does not meet the requirements of this Chapter as to the area or width may be utilized for single family detached dwelling purposes provided that:

(1) The lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

(2) The measurements of the lot area and width are within seventy (70%) percent of the requirements of this Chapter.

(3) Setbacks and yard requirements are in conformance with this Chapter.

(D) Except as provided for in this Chapter, not more than one (1) principal building shall be located on a lot.

(E) On a through lot (a lot fronting on two (2) parallel streets) both street lines shall be front lot lines for applying the yard and parking requirements of this Chapter.

30-12 ACCESSORY BUILDINGS, USES AND EQUIPMENT.

(A) An accessory building shall be considered an integral part of the building if the accessory building and the principal building have a common wall. Accessory buildings attached in the aforementioned manner shall comply with all regulations pertaining to principal structures.

Porches, covered passageways and decks are not considered adequate attachment of an accessory building to a principal building.

(B) Accessory buildings shall not exceed eighteen (18') feet in height.

(C) No accessory building shall be located in any front yard or required side yard.

(D) No permit shall be issued for the construction of more than one (1) private garage structure for each detached single

CHAPTER 30 ZONING

(2017) 30-16

family dwelling. Every detached single family dwelling unit erected after the effective date of adoption or amendment of this Zoning Ordinance, shall be located on the lot so that at least a two (2) car garage, either attached or detached, can be located on the lot.

(E) No accessory building shall be located closer than five (5') feet from any lot line or any other building or structure on the same lot.

(F) No accessory uses or equipment which generates noise, including air conditioning cooling structures or condensers, may be located within five (5') feet of any lot line.

(G) An accessory building shall not occupy more than twenty-five (25) percent of a required rear yard nor more than forty (40) percent of any nonrequired rear yard, provided that in no instance shall the combined floor area of detached accessory buildings exceed the ground floor area of the main building.

(H) Solar collector panels, each not exceeding four (4) feet by eight (8) feet in size, may be permitted in any zoning district, subject to the following:

(1) All installations shall be located only in the rear yard and must comply with all accessory use, height, bulk, and setback requirements of the district; except that flush-mounted roof or wall solar collectors are permitted.

(2) All installation shall be located to prevent the obstruction of sunlight on adjoining property.

(3) All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.

(4) Signs, lettering, numbers, logos, symbols, or other illustrative markings attached to or painted on a solar collector are prohibited.

(5) Ground installation shall provide landscaping and fencing insofar as possible to screen the installation from adjacent properties.

(6) All solar collectors placed on the roof, shall be totally enclosed to prevent wind damage to the solar collector and to reduce heat loss.

(7) No solar energy system shall be made operational until the City Building Official shall certify, in writing, that both construction plans and final construction of said solar collector meet the requirements of this Ordinance and the Building Code and afford safety to the public at time of high winds. Solar collectors shall be designed and constructed to resist wind and seismic forces. All bracing systems shall be designed and constructed to transfer lateral forces to the foundation. For solar collectors mounted on roofs, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to over stress any of the elements thereof. Solar collector manufacturers' standards for ground and roof installation shall be complied with regarding allowable wind loads, stresses, supports, and fastenings. Where deemed necessary by the City Building Official, a permit for installation shall be submitted with a certification by a Registered Professional Engineer that the installation complies with these standards.

(I) Outdoor Solid Fuel-fired Furnaces are prohibited in all Zoning Districts of the City.

30-13 SWIMMING POOLS.

(A) Building Permit Required.

(1) A building permit shall be applied for and issued before construction of any swimming pool shall commence.

(2) The application for the permit shall be accompanied by complete and detailed plans and specifications of the swimming pool and all equipment and apparatus to be used in connection with the pool, showing its location on the lot and the distance from the property lines of the lot.

(3) Swimming pools shall not be located in required front yards and shall be constructed in accordance with the Building Code adopted by the City.

(B) Water Supply. There shall be no cross-connection of the City water supply with any other source of water supply for a swimming pool. The line from the City water supply to the pool shall be protected against the back flow of polluted water by means of an air gap and shall discharge at least six (6") inches above the maximum high-water level of the makeup tank or the swimming pool.

(C) Supervision. No person shall maintain an outdoor swimming pool in his or her premises without providing adequate supervision and taking all other reasonable precautions at all times the swimming pool is in use, so as to protect the users from injury, accident and drowning.

(D) Shielding Lights. Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.

(E) Unnecessary Noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures

CHAPTER 30 ZONING

(2017) 30-17

or endangers the comfort, repose, health or safety of others. In the operation of a swimming pool, the use or permitting the use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or the reproducing of sound in a manner so as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the swimming pool premises, shall be unlawful.

(F) Toilet Facilities. Toilet facilities must be provided on the premises. The State Plumbing Code must be followed and the work must have the approval of the State Plumbing Inspector.

(G) Polluted Water. No body of water, whether it be a natural or an artificial body of water in the City which contains sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing purposes by any person or persons.

(H) Right of Inspection. Authorized City and Health Department inspectors shall have the right at any reasonable hour to inspect any swimming pool to determine if it is in compliance with the provisions of this Chapter.

30-14 SATELLITE DISH ANTENNAS.

(A) Permit Required. No person shall construct a satellite dish antenna without a permit issued in accordance with this Section.

(B) Application for Permit. Any person who desires to construct a satellite dish antenna on said property must first obtain a permit to do so from the Building Official. The Building Official shall issue such permit, provided the applicant submits a written application upon forms provided and approved by the Building Official, along with a plot plan of the lot, premises or land parcel attached, showing the location and dimensions of the proposed satellite dish antenna; a description of the kind of satellite dish antenna proposed, and the location and dimensions of all buildings or structures. Each application shall specify among other things the name and address of the owner of the property, the applicant, and the person to be permitted to construct the proposed satellite dish antenna. The applicant shall present documentation of the possession of any license or permit required by a Federal, State or local agency pertaining to the ownership, construction or operation of a satellite dish antenna. The applicant shall submit with each application a sum consistent with the building permit fee schedule.

(C) Location of Satellite Dish Antenna.

(1) Ground-Mounted.

(a) No satellite dish antenna shall be constructed in any front yard, but shall be constructed to the side or rear of the residence or main structure.

(b) No satellite dish antenna, including its concrete base slab or other substructure, shall be constructed less than five (5') feet from any property line or easement.

(c) A satellite dish antenna shall not exceed a grade height of fifteen (15') feet free-standing or, in the case of a pole-mounted dish adjacent and affixed to the primary or accessory structure wall, eight (8') feet above the peak of the roof.

(d) All structural supports shall be of non-rusting metal.

(e) Wiring between a satellite dish antenna and a receiver shall be placed at least six (6") inches beneath the surface of the ground within rigid conduit or at least twenty-four (24") inches beneath the surface for direct burial.

(f) Such satellite dish antenna shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires.

(g) Any driving motor shall be limited to one hundred ten (110) volt maximum power design and be encased in protective guards.

(h) A satellite dish antenna must be bonded to a grounding rod.

(2) Roof-Mounted.

(a) A satellite dish antenna shall not be erected and maintained on the roof of any building without approval of the Building Official. An application shall be accompanied by detailed drawings of the structure and methods of anchorage.

(b) A satellite dish antenna shall be mounted directly upon the roof of a primary or accessory structure, as defined in the Building Code, and shall not be mounted upon appurtenances such as chimneys, trees, poles or spires.

(c) A satellite dish antenna shall not exceed a height of more than eight (8') feet above the roof upon which it is mounted.

CHAPTER 30 ZONING

(2017) 30-18

(d) A satellite dish shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires.

(e) Any driving motor shall be limited to one hundred ten (110) volt maximum power design and be encased in protective guards.

(f) A satellite dish antenna must be bonded to a grounding rod.

30-15 FENCES - GENERAL REQUIREMENTS.

(A) Permit Required. No fence subject to the provisions of this Chapter shall be constructed or erected without first making an application for and securing a fence permit.

(B) Locations. All fences shall be located entirely upon the property of the person constructing, or causing the construction of a fence, unless the owner of the adjoining property agrees, in writing, that the fence may be adjoined on the division line of the respective properties. The Zoning Administrator may require any applicant for a fence permit to establish the boundary lines of his or her property by a survey of the property made by a registered land surveyor; and in the case of a corner lot, both yards abutting a street shall be considered a front yard.

(C) Construction and Maintenance. Every fence shall be constructed in workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, or to constitute a nuisance. Any fence which is dangerous to the public safety, health or welfare is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement of the nuisance. Link fences in residential zones shall be constructed in a manner so that no barbed ends are at the top. Electric and barbed wire fences are prohibited in all zoning districts, except as specifically authorized under this Chapter.

(D) Enclosure of Swimming Pool. Fencing for swimming pools shall be subject to the Building Code adopted by the City.

(E) Residential District Fences.

(1) Boundary Line Fences. In all parts of the City zoned residential, no boundary line fence shall be erected or maintained more than three (3') feet in height except that:

(a) Fences on all corner lots erected within thirty (30') feet of the intersecting property line shall be subject to Section 30-16(D) regarding traffic visibility.

(b) Subject to other restrictions contained within this Section, fences may be constructed to a height of six (6') feet on or along the side yard property line from the rear lot line to the front building line of the principal structure.

(c) Fences along any rear property line which is also the rear property line of an abutting lot or alley may be constructed to a height of six (6') feet.

(d) Fences along a rear property line which constitutes the side lot lines of an abutting lot shall not exceed six (6') feet in height for a distance as calculated in (E)(1)(b) above and shall not exceed three (3') feet in height when abutting a front yard line.

(e) In those instances where a boundary line fence exists as an enclosure which restricts access from the property, a gate, identifiable collapsible section, or other such means of recognizable ingress shall be provided for emergency vehicles. Such ingress points shall be unobstructed and a minimum of ten (10') feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure.

(2) Interior Yard Fences.

(a) Any fence erected within any portion of the required front yard shall not exceed four (4') feet in height. All other types of fences within any portion of the required front year shall not exceed three (3') feet in height. All fences shall conform to Section 30-16(D) regarding traffic visibility.

(b) Within a side or rear yard, a fence up to six (6') feet in height may be erected as a total enclosure.

(c) Chain link fences (without slat screens) used for the enclosure of tennis courts or other such recreational purposes shall not exceed ten (10') feet in height and shall be located in a rear yard only.

(3) Business and Industry Fences.

(a) Boundary line fences in all business and industry districts shall not exceed ten (10') feet in height. Barbed wire may be used above seven (7') feet except for the I-3 Industrial Park District (see 30-32(G)(14).

(b) Boundary line or interior yard fences erected within the required front yard shall conform to Section 30-16(D), pertaining to traffic visibility, and shall be of a chain link construction permitting maximum

CHAPTER 30 ZONING

(2017) 30-19

visibility.

(4) Parks and Recreation Area Fences.

(a) Boundary line fences in all parks and recreation areas may not exceed six (6') feet in height. Barbed wire may not be used. Fence construction shall be chain link type permitting maximum visibility.

30-16 REQUIRED SCREENING AND LANDSCAPING.

(A) Intent. Landscaping, greenstrips, and screening are necessary for the continued protection and enhancement of all land uses. Landscaping and greenstrips are capable of enhancing the visual image of the City, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual distraction associated with certain uses. Screening is important to protect less-intensive uses from the noise, light, traffic, litter and other impacts of more intensive, non-residential uses. Accordingly, these provisions are intended to set minimum standards for the design and use of landscaping, greenstrips, and screening. These provisions are also intended to encourage creativity on the part of the project owner in the designing and installation of landscape materials.

(B) Scope of Application. The requirements set forth in this Section shall apply to all projects, buildings, structures, and uses not exempted from site plan review, as outlined in Section 30-36(A), which are developed or expanded following the effective date of this Ordinance. No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this Section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan in submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this Section have been met or a performance bond has been posted in accordance with the provisions set forth in this Section.

(C) Minimum requirements. The requirements of this Section are minimum requirements, and under no circumstances shall they preclude the developer and the City from agreeing to more extensive landscaping and/or screening.

(D) Design creativity. Creativity in landscape design is encouraged. Landscaping materials should include a variety of plant species to prevent the spread of plant disease. Required trees and shrubs may be planted at uniform intervals, at random, or in groupings, depending on the designer's visual effect. Clustering of trees and shrubs, rather than "formal" designs involving placement of trees and shrubs at uniform intervals is encouraged.

(E) General site requirements. All developed portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenstrips, berms, or screening are required:

(1) All permanently undeveloped portions of the site shall be planted with grass, ground cover, shrubbery, other suitable live plant material, or left in a natural state. This planted area shall extend to any abutting street pavement edge or to the shoulder of the road. Existing plant material on the property may be used. Grass areas in the front yard of all non-residential uses shall be planted with sod or be planted by hydro seeding or seeded with some similar method of quickly producing healthy and permanent grass growth.

(F) Screening of Business and Industry uses abutting residential zones. Where any business or industry use abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Administrator). All the screening and landscaping specifically required by this Chapter shall be subject to Section 30-16(T), pertaining to traffic visibility, and shall consist of either a fence or a greenstrip as provided for below.

(1) Greenstrip. A greenstrip shall consist of evergreen trees and/or deciduous trees and plants. It shall be a minimum of 10 feet in width and shall contain appropriately spaced plantings which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above the ground level within five years of planting. Earth mounding or berms may be used but shall not be used to achieve more than three (3') feet of the required screen. The planting strip plan and type of plantings shall be required and approved as part of Site Plan Review.

(2) Screening Fence. A required screening fence shall be constructed of masonry or vinyl. The fence shall provide a solid screening effect six (6') feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Zoning Administrator.

(G) Specific requirements for B-1 and B-2 Districts. In addition to the general landscaping requirements set forth in this Section, all lots or parcels of land located in B-1 and B-2 Districts shall comply with the following landscaping requirements:

(1) Front yard landscaping. All front yards shall be landscaped in accordance with the following standards:

(a) When the use is across from a residential use or residential zoning district and the use includes front yard parking, a visual barrier a minimum of 3-feet high consisting of a decorative wall or

CHAPTER 30 ZONING

(2017) 30-20

landscape material, or combination thereof, is required. This requirement does not apply to outdoor display areas adjacent to the road such as automobile dealerships.

(b) There shall be a minimum of one shade or ornamental tree for every forty (40) linear feet or portion thereof of road frontage, plus one shrub for every ten (10) linear feet or portion thereof of frontage. Dwarf species of shrubs may be utilized at the rate of 1.5 times the base shrub requirement. For the purpose of computing the length of road frontage, openings for driveways and sidewalks will not be counted. Landscaping may be planted at uniform intervals, at random, or in groupings.

(H) Specific requirements for R-4 and R-5 Zoning District. In addition to the general landscaping requirements set forth in this Section, all lots or parcels of land located in R-4 and R-5 Residential Districts shall comply with the following landscaping requirements:

(1) General site landscaping. A minimum of one deciduous shade or evergreen tree, one ornamental tree, or two shrubs shall be planted for every four dwelling units. Unless otherwise specified, required landscaping elsewhere in the multiple-family development shall not be counted in meeting these requirements for trees.

(2) Protective screening requirements. Protective screening in the form of a ten (10) foot landscape buffer shall be required wherever development abuts directly upon land zoned or used for single family residential purposes. Said buffer shall contain appropriately spaced plantings which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within five years of planting.

(3) Front yard landscaping. All front yards shall be landscaped in accordance with the following standards:

(a) A minimum of one shade or ornamental tree for every forty (40) linear feet of frontage, plus one shrub for every ten (10) linear feet or portion thereof of frontage. For the purpose of computing the length of road frontage, openings for driveways and sidewalks will not be counted. Landscaping may be planted at uniform intervals, at random, or in groupings.

(I) Specific requirements for non-residential uses in residential districts. In addition to the general landscaping requirements set forth in this Section, all non-residential uses developed in residential districts shall comply with the following landscaping requirements:

(1) Protective screening requirements. Protective screening in the form of a ten (10) foot landscape buffer shall be required wherever development abuts directly upon land used for single family residential purposes. Said buffer shall contain appropriately spaced plantings which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within five years of planting.

(2) Front yard landscaping. All front yards shall be landscaped in accordance with the following standards:

(a) A minimum of one shade or ornamental tree for every forty (40) linear feet of frontage, plus one shrub for every ten (10) linear feet or portion thereof of frontage. For the purpose of computing the length of road frontage, openings for driveways and sidewalks will not be counted. Landscaping may be planted at uniform intervals, at random, or in groupings.

(J) Residential Subdivisions and Condominium Developments. New residential subdivisions and condominium developments shall provide a minimum of one (1) shade or ornamental street tree for every lot or parcel along the road right-of-way.

(K) Parking Lot Landscaping. In addition to required screening, all off-street parking areas shall provide landscaping as follows:

(1) Landscaping ratio. Off-street parking areas shall provide interior landscaping in accordance with the following table. In the B-1, B-2, I-1, I-2, I-3, I-4 and A Zoning Districts:

25 – 49 parking spaces 250 square feet of interior parking landscape islands

50 – 99 parking spaces 500 square feet of interior parking landscape islands

100 or more parking spaces

1,000 square feet of interior parking landscape islands plus an additional 20 square feet for each parking space over 100

In R-1 through R-MH Zoning Districts:

25 – 49 parking spaces 200 square feet of interior parking landscape islands

CHAPTER 30 ZONING

(2017) 30-21

50 – 99 parking spaces 400 square feet of interior parking landscape islands

100 or more parking spaces

800 square feet of interior parking landscape islands plus an additional 16 square feet for each parking space over 100

(2) The landscaping islands shall be spaced proportionately throughout the parking area to the extent reasonably possible.

(3) In the case of an expansion of an existing parking lot to include additional parking equal to or greater than 25 parking spaces, the interior landscaping requirements of this Section shall apply for those additional parking spaces, but the Planning Commission may modify the parking lot interior landscaping requirements and consider the existing landscaping on site to meet the parking lot interior landscaping requirements.

(4) Whenever possible, parking lot landscaping shall be designed to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

(5) Plantings within parking lots shall be subject to Section 30-16(T), pertaining to traffic visibility.

(6) The landscape plan shall indicate the types, sizes, and quantities of plant material proposed for such area.

(L) Screening of ground level utility and mechanical equipment and refuse containers. Ground level utility and mechanical equipment and refuse containers for other than one-family or two-family residential uses shall be screened from view from any adjacent property, and from any public or private road. The screening shall be high enough to block the view of the refuse container or ground level equipment, such as air compressors, pool pumps, transformers, air conditioning units, sprinkler pumps, utility substations and similar equipment, and shall consist of an approved wall or fence or landscape material. Insofar as practical, said screening shall exceed the vertical height of the equipment being screened by at least six inches within two years of planting.

(M) Landscaping of rights-of-way. Public rights-of-way located adjacent to required landscaped areas and greenstrips shall be planted with grass or other live ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the rights-of-way were part of the required landscaped areas or greenstrips. No plantings except grass or ground cover shall be permitted closer than three feet from the edge of the road pavement.

(N) Potential damage to utilities. In no case shall landscaping material be planted in a way which will interfere with or cause damage to underground or overhead utility lines, public or private roads, or similar public facilities. Species of trees whose roots are known to cause damage to public roadways, sewers, or other utilities shall not be planted closer than fifteen (15) feet from any such roadways, sewers, or utilities.

(O) Landscaping of divider medians. Where traffic on driveways, maneuvering lanes, private roads, or similar vehicle access ways is separated by a divider median, the median shall be curbed and have a minimum width of six (6) feet as measured from the back of curb. A minimum of one deciduous tree shall be planted for each forty (40) linear feet or portion thereof of median. Trees shall be planted at uniform intervals, but in no instance shall the center-to-center distance between the trees exceed sixty (60) feet.

(P) Storm water detention and retention ponds. Detention and retention ponds shall be designed as an integral part of the overall site plan and shall be considered a natural landscape feature having an irregular or curvilinear shape. The following standards shall be considered minimum requirements for the landscaping of detention and retention ponds:

(1) Groundcover - The side slopes and bottom of the pond shall be sodded or seeded. If seeding is proposed, a seed mat or seed blanket shall be installed to prevent erosion and seed washing.

(2) General landscaping - All proposed ponds shall be landscaped in accordance with the following standards:

(a) One deciduous shade or evergreen tree shall be planted for every 100 linear feet of pond perimeter as measured along the top of bank elevation. The required trees and shrubs may be planted in a random pattern or in groupings and placement of required landscaping is not limited to the top of the pond bank.

(b) Detention and retention ponds shall provide lawn areas, shrubs and trees to accomplish a suitable appearance compatible with development on the property and on nearby properties.

(3) Side slopes – Side slopes shall not exceed one (1) foot vertical for every five (5) feet horizontal so as to prevent the need for chain link fencing.

(Q) Plant Standards. All plants must at least equal the following minimum requirements; however, plant type and mode are dependent upon time of planting, season, availability, and site conditions (soils, climate, ground water, manmade irrigation, grading, etc.).

CHAPTER 30 ZONING

(2017) 30-22

Bare Root/Potted/Balled & Burlapped (B&B)

Shade Trees Single stem, 1 ½ inch caliper at 6 Inches above ground Ornamental Trees Single stem 6-7 Feet or 1¼ inch caliper at 6 inches above ground Evergreen Trees Single stem 3-4 Feet

Bare Root/Potted/Balled & Burlapped (B&B) (continued) Tall Shrubs & Hedge Material (Evergreen or Deciduous) 3-4 Feet Low Shrubs (Deciduous) 18-24 Inches Low Shrubs (Spreading) 18-24 Inches, Potted or B&B

Low Shrubs (Evergreens) 18-24 Inches, Potted or B&B Half Trees

(1) Spacing.

(a) Plant material centers shall not be located closer than three (3') feet from the fence line or property line and shall not be planted to conflict with public plantings.

(b) Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows unless otherwise approved by the City Manager or his designee.

(c) Where massing of plants or screening is intended, large deciduous shrubs shall not be planted more than four (4') feet on center, and/or evergreen shrubs shall not be planted more than three (3') feet on center; however, evergreen trees may, with the approval of the City Manager or his designee, be planted at a greater distance on centers as a screen.

(d) Deciduous shade trees shall not be planted closer than twenty-five (25) feet apart. Deciduous ornamental trees shall not be planted closer than fifteen (15) feet apart.

(2) The installation of drought resistant and local plant species is highly encouraged to minimize the need for supplemental irrigation.

(3) Installation and maintenance. The following standards shall be observed where installation and maintenance of landscape materials are required:

(a) Off-season planting requirements. If development is completed during the off-season when plants cannot be installed, installation of required landscaping shall be made in the next planting season, which is defined as April, May and June or September and October.

(b) Maintenance. Landscaping required by this Section shall be maintained in a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead plant material shall be replaced immediately unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season. All constructed or manufactured landscape elements, such as but not limited to benches, retaining walls, edging, and so forth, shall be maintained in good condition and neat appearance. Rotted, deteriorated, or damaged landscape elements shall be repaired or replaced.

(R) Types of New Trees. Examples of suitable trees include, but are not limited to, the following: Quercus (varieties) Oak, Acer platanoides (and varieties), Norway Maple (and Schwedler, Emerald Queen, Etc.), Acer saccharum Sugar Maple, Celtis occidentalis Hackberry, Betula (varieties) Birch (preferably not Betula papyrifera), Gleditsia triacanthos Honeylocust (Imperial, Majestic, Skyline, Sunburst & Thornless), Tilia cordata (and varieties) Little Leaf Linden (& Redmond, Greenspire, Etc.), Tilia Americana Basswood (American Linden), Ginkgo biloba (male tree only) Ginko, Gymnocladus dioicous Kentucky Coffee tree. Species of trees not listed above shall be approved to use by the City Manager or his designee.

(S) Trees not Permitted.

(1) Box Elder (2) Soft Maples (Red-Silver) (3) Elms (except Camperdown Elm or any type not susceptible to Dutch Elm disease (4) Poplars (5) Willows (6) Horse Chestnut (Nut Bearing) (7) Tree of Heaven (8) Catalpa (9) Ash

(T) Existing Trees. With respect to existing trees in new developments, all trees on the site are to be saved which do not have to be removed for street, buildings, utilities, drainage or active recreational purposes.

(U) Traffic Visibility. No landscaping shall be erected, established, or maintained on any parcel, in any parking lot, or any

CHAPTER 30 ZONING

(2017) 30-23

public right-of-way, which will obstruct the view of drivers. On corner lots in all districts, traffic visibility shall be maintained within a triangular area defined as follows: Beginning at the intersection of the projected property lines of two (2) intersecting streets or alleys, thence twenty (20') feet along one (1) property line, thence diagonally to a point twenty (20') feet from the point of beginning, thence to the point of beginning. Within this triangular area, no structure, fence, or planting shall be permitted within an area commencing thirty (30") inches above and extending to ten (10') feet above grade level of either roadbed.

When a driveway intersects a street, traffic visibility shall be maintained within a triangular area defined as follows: The area formed at the corner intersection of a public or private right-of-way and a driveway, two (2) sides of the triangle being ten (10) feet in length measured along the right-of-way and driveway line and the third side being a line connecting these two sides. Within this triangular area, no structure, fence, or planting shall be permitted within an area commencing thirty (30") inches above and extending to ten (10') feet above grade level.

(V) Modifications to landscape requirements. In consideration of the overall design and impact of a specific landscape plan, and in consideration of the amount of existing plant material to be retained on the site, the Planning Commission may modify the specific requirements outlined herein, provided that any such adjustment is in keeping with the intent of this Section and this Zoning Ordinance in general. In determining whether a modification is appropriate, the Planning Commission may base its decision on any one or more of the following circumstances which exist in connection with the site:

(1) Topographic features or other unique features of the site create conditions such that strict application of the landscape regulations would result in a less effective landscape design than an alternative landscape design.

(2) Parking, vehicular circulation, or land use are such that required landscaping would not enhance the site or result in the desired aesthetic effect.

(3) The public benefit intended by the strict application of the landscape regulations would be less effective than an alternative landscape design.

(4) Landscaping would restrict proper storm water drainage.

(W) Performance guarantee. The Planning Commission may require a bond or other performance guarantee to ensure the installation of the landscaping required by this Section. The bond or other performance guarantee shall be in an amount equal to ten percent of the total cost of materials. The City may elect to hold a one hundred (100) percent escrow account of the amount to be spent on materials.

30-17 OFF-STREET PARKING REQUIREMENTS. See Chart No. 1 & 2

(A) Purpose. The purpose of off-street parking requirements is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.

(B) Application of Off-Street Parking Regulations. The regulations and requirements of this Section shall apply to all off-street parking facilities in all of the zoning districts of the City.

(C) Site Plan Drawing Necessary. All applications for a building permit or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensions indicating the location of off-street parking and loading spaces.

(D) General Provisions.

(1) Exemptions from Parking Requirements.

(a) Community Parking. The provisions of this Section may be met by participation in a community parking program designed to serve a larger area provided plans for the community parking have been approved by the Zoning Administrator.

(b) Historic District. All business uses located within the Downtown National Register Historic District shall be exempt from providing the minimum number of required off-street parking spaces required. All design standards will apply to those parking spaces which are provided. The Historic District consists of all property between North Main Street and Railroad Drive beginning at West Michigan Avenue on the south and ending at parcel 199-025-00 on the north. Also, all property between North Main Street and Water- Joshua Drive beginning at East Michigan Avenue on the south and ending at Portage Street on the north. Also, parcels 115-001-00, 115-002-00, 115-003-00, Burrows Moore Addition.

(2) Reduction of Existing Off-Street Parking Space or Lot Area. Off-street parking spaces or areas existing prior to the effective date of adoption or amendment of this Zoning Ordinance shall not be reduced in number or size unless the number or size exceeds the requirements of this Section for a similar new use.

(3) Non-Conforming Structures. A non-conforming structure damaged or destroyed by fire may be

CHAPTER 30 ZONING

(2017) 30-24

reestablished if elsewhere permitted in this Chapter except that in doing so, any off-street parking or loading space which existed before shall be retained.

(4) Change of Use or Intensity. Whenever a use of a building, structure, or lot is changed, a parking facility shall be provided as required by this Section for the new use, regardless of any variance that may have been in effect prior to the change of use. If the intensity of use of any building, structure, or lot is increased through the addition of dwelling units, increase in floor area, increase in seating capacity or through other means requiring additional off-street parking, sufficient parking shall be provided for such increase in intensity of use.

(5) Residential Parking. Off-street parking facilities required for residential use for each dwelling unit shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one (1) truck that does not exceed gross capacity of ten thousand (10,000) pounds; recreational vehicles and equipment; and not more than one (1) commercial vehicle of the light delivery type not to exceed one (1) rear axle and a three (3) ton pay load capacity.

It shall be unlawful for the owner, tenant, or lessee to permit or allow the open storage or parking, either day or night, on any lot, parcel, or tract of land in a residential district or in the residential area of any other district or on any public street, alley, or parking lot, any commercial vehicle which has a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more, for any purpose other than making pickups or deliveries of passengers, or transporting goods, wares, and merchandise from or to any building or structure, located on such street or for any purpose other than delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such street for which a building permit has previously been obtained.

(6) Stall, Aisle and Driveway Design.

(a) Parking Space Size. Each parking space shall not be less than eight and one-half (8½') feet wide and twenty (20') feet in length, exclusive of access aisles. Each space shall be adequately served by access aisles.

(b) Standards. Except for residential structures with four (4) or fewer dwellings, parking areas and their aisles shall be developed in compliance with the standards as specified on the Parking Lot Dimensions Table.

(c) Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached to the principal building; however, unless provisions are made, no building permit shall be issued to convert a parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Chapter.

(d) Internal Circulation. Except for residential structures with four (4) or less dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Parking area design which requires backing into a public street is prohibited.

(e) Curb Cuts. Entrances and exits from off-street parking lots shall be located at least 25 feet from the nearest point of any property zoned for single-family residential use.

(f) Grade. The grade elevation of any parking area shall not exceed five (5%) percent.

(g) Surfacing. Except for single family residences, every parcel of land used as a public or private parking area in any zoning district shall be surfaced with an asphalt, concrete or similar durable surface, and shall be graded and drained to dispose of all surface water. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be included on a site plan submitted in accordance with Section 30-36 of this Chapter.

(h) Striping. Except for residential structures with four (4) or fewer dwellings, all parking stalls shall be marked with white, yellow, or blue (handicapped) paint lines not less than four (4) inches wide.

(i) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public right-of-way and be in compliance with Section 30-19A. All parking areas, driveways, entrances, exits and walkways shall be illuminated to ensure the security of the property for all persons using such areas.

(j) Signs. No sign shall be located so as to restrict the sight lines and orderly operation and traffic movement within any parking lot.

(k) Required Screening and Landscaping. All off-street parking areas shall be screened and landscaped in accordance with all applicable requirements found in Section 30-16, pertaining to required screening and landscaping.

CHAPTER 30 ZONING

(2017) 30-25

(l) Curbs, Wheel Chocks. A curb of at least six (6) inches in height shall be installed to prevent motor vehicles from being driven or parking so that any part of the vehicle extends within two (2) feet of abutting landscaped areas, sidewalks, street, building, or adjoining property. In lieu of a curb, wheel chocks may be provided to prevent vehicles from extending over grass areas, setback lines, or lot lines.

(m) Maintenance. It shall be the individual responsibility of the lessee and the owner of the principal use, uses or building to maintain in a neat and adequate manner the parking spaces, access-ways, striping landscaping and required screening.

(n) Parking Structures. Parking structures are permitted in commercial or industrial zoning districts and may satisfy off-street parking requirements. Parking structures are subject to the area, height, bulk and placement regulations for principal buildings in the zoning districts where they are located.

(7) Location. All accessory off-street parking facilities required by this Chapter shall be located and restricted as follows:

(a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Section 30-34 pertaining to special exception uses.

(b) For all new construction, there shall be no off-street parking within fifteen (15') feet of any street surface. In no instance shall parking be allowed on public sidewalk.

(c) The boulevard portion of the street right-of-way shall not be used for providing off-street parking spaces.

(d) Required accessory off-street parking shall not be provided in front yards (or in side yards in the case of a corner lot) in any residential district.

(e) In the case of residential structures with four (4) or less dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or surfaced space located adjacent to a driveway, away from the principal use. Extra space shall be surfaced with concrete, bituminous or crushed rock material.

(8) Use of Required Area. Required accessory off-street parking space in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, and/or storage of snow. Required off-street parking space can be occupied by Transient Merchants restricted as follows:

(a) No more than five (5%) percent of the off-street parking space may be at a facility open for business.

(b) No more than ten (10%) percent of the off-street parking may be occupied at a facility not open for business.

(9) Number of Spaces Required.

(a) Floor Area. Except as hereinafter may be provided, the term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the building, structure or use, times the number of floors, minus ten (10%) percent.

(b) Calculating Space.

(i) When the required number of off-street parking spaces results in a fraction, each fraction of one-half (½) or more shall constitute another space.

(ii) In places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22") inches of seating facilities shall be counted as one (1) seat for the purpose of determining parking space requirements.

(iii) Except as hereinafter may be provided, should a structure contain two (2) or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.

(c) Number of Spaces Required. Reservation of area for the following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease during the life of the respective uses hereinafter set forth. The Planning Commission shall establish the percentage of reserved parking area to be constructed with the initial development, and maintained until such time as the City Commission considers a need for construction of additional parking spaces has been demonstrated.

(i) Single Family, Two-Family, Townhouse and Condominium Units. At least two (2) spaces

CHAPTER 30 ZONING

(2017) 30-26

for each unit.

(ii) Multiple Family Dwellings. At least two (2) spaces for each unit.

(iii) Public Parks, Playgrounds and Playfields with Seating. At least one (1) space for each six (6) seats based on the design capacity.

(iv) Public places of worship, Theater, Auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Chapter.

(v) Community Centers, Private Clubs and Lodges. At least one (1) space for each two (2) patrons of designed capacity.

(vi) Convalescent Home, Rest Home, Nursing Home or Day Nurseries. At least one (1) space for each staff member (at maximum capacity) on the largest shift plus one (1) for each three (3) beds for which accommodations are offered.

(vii) Elderly (Senior Citizen) Housing. At least one (1) space for each unit.

(viii) School, Pre-School through Middle School. At least one (1) space for each staff member plus one (1) space for each fifty (50) students of design capacity.

(ix) School, High School through College. At least one (1) space for each staff member plus one (1) space for each six (6) students of design capacity.

(x) Skating Rink, Dance Hall, or Public Auction House. At least twenty (20) spaces plus one (1) space for each two hundred (200) square feet of floor space over two thousand (2000) square feet.

(xi) Swimming Club, Public Swimming Pool or Racquet Club. At least twenty (20) spaces plus one (1) space for each five hundred (500) square feet of floor area in the principal structure.

(xii) Office Buildings, Medical and Dental Clinics, Animal Hospitals and Professional Offices. At least three (3) spaces plus one (1) space for each two hundred (200) square feet of floor area.

(xiii) Bowling Alley. At least five (5) spaces for each alley plus additional spaces as may be required herein for related uses contained within the principal structure.

(xiv) Retail Store and Service Establishment. At least one (1) space for each two hundred (200) square feet of floor area.

(xv) Retail Sales and Service Business with Fifty (50%) Percent or More of Gross Floor Area Devoted to Storage and/or Warehouses. At least eight (8) spaces or one (1) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each five hundred (500) square feet of storage area.

(xvi) Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, Taverns, Nightclubs. At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area plus one (1) space for each eighty (80) square feet of kitchen area.

(xvii) Drive-In Establishment and Convenience Food. At least one (1) space for each thirty (30) square feet of gross floor area, but not less than thirty (30) spaces.

(xviii) Undertaking Establishments. At least twenty (20) spaces for each chapel or parlor plus one (1) space for each funeral vehicle maintained on the premises.

(xix) Shopping Centers. At least five and one-half (5.5) spaces for each one thousand (1,000) square feet of gross leasable floor area (exclusive of common areas).

(xx) Auto Repair, Boats and Marine Sales and Repair, Shop for a Trade Employing Six (6) or Less People, Garden Supply Store, Building Material Sales in Structure. At least eight (8) spaces plus one (1) space for each two hundred (200) square feet of floor area over one thousand (1,000) square feet.

(xxi) Manufacturing, Fabricating or Processing of a Product or Material. At least one (1) and one-half (1 ½) space for each one employee on largest working shift, or one (1) space for each two thousand (2000) square feet of gross floor area, whichever is greater.

(xxii) Warehousing, Storage or Handling of Bulk Goods. At least five (5) spaces, plus one (1) space for every company owned truck (if not stored inside the principal building), plus one

CHAPTER 30 ZONING

(2017) 30-27

(1) space for every employee in the largest working shift, or one (1) space for every one thousand seven hundred (1,700) square feet of usable floor space, whichever is greater.

(xxiii) Research/Light Manufacturing, Fabricating or Processing of a Product of Material. One and one-half (1 ½) space for each one (1) employee on largest working shift, or one (1) space for each one thousand (1,000) square feet of gross floor area, whichever is greater.

(xxiv) Other Uses. Other uses not specifically mentioned in this Section shall be determined on an individual basis by the Zoning Administrator. Factors to be considered in such determinations shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

(d) Barrier Free Parking. Each parking lot that services a building entrance, except single or two-family residential or temporary structures, shall have a number of level parking spaces for the physically handicapped, as set forth in the following table, and identified as being reserved for physically handicapped persons by above grade signs and painted pavement.

TOTAL SPACES IN REQUIRED NUMBER OF PARKING LOT ACCESSIBLE SPACES

Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 8 301 to 400 12 401 to 700 14 701 to 1,000 One (1) per fifty (50) parking spaces or fraction

thereof. Over 1,000 Twenty (20) plus one (1) per one hundred (100)

exceeding one thousand (1,000).

Parking spaces for the physically handicapped shall be a minimum of twelve (12) feet wide or, as an alternative, be a minimum of an eight (8) foot space with an adjacent access aisle of five (5) feet and must meet all other applicable requirements as to size as set forth in the Parking Lot Dimensions Table.

(e) Additional Off-Street Parking. Nothing in this Chapter shall be deemed to prevent voluntary establishment of off-street parking facilities to serve an existing use of land or buildings, or to prevent provision of additional parking facilities beyond what is required by this Chapter, provided all such parking is in conformance with the regulations herein.

(10) Joint Facilities. Any parking facilities proposed to be shared and used jointly by two (2) or more businesses, where the total number of spaces provided are less than the sum of the total required for each business, shall only be approved as a special exception use in accordance with Section 30-34 and shall be subject to the conditions listed therein.

(11) Off-Site Parking. Any off-site parking which is used to meet the requirements of this Chapter shall be a special exception use as regulated by Section 30-34 and shall be subject to the conditions listed therein.

30-18 OFF-STREET LOADING.

(A) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.

(B) Off-Street Loading Required.

(1) On the same premises with every building, or part thereof, erected and occupied for manufacturing, storage, warehousing, retailing, display and sale of goods, including department stores, wholesale stores, markets, hotels, hospitals, mortuaries, laundries, dry cleaning establishments, and other uses involving the receipt or distribution of materials, merchandise, or vehicles, there shall be provided and maintained adequate space for loading and unloading as required in this Section.

(2) Change in Use or Intensity. Whenever the use of a building, structure, or lot is changed, loading space shall be provided as required by this Section for the new use, regardless of any variance which may have been in effect prior to such change of use.

CHAPTER 30 ZONING

(2017) 30-28

(C) Location.

(1) All required loading berths shall be off-street and located on the same lot as the building use to be served.

(2) All loading berth curb cuts shall be located at a minimum of fifty (50') feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the property line.

(3) No loading berth shall be located closer than fifty (50') feet from a residential district or use unless it is located entirely within an enclosed building, or is screened on all sides from the residential zoning district or use by a six (6) foot high solid masonry wall. An ornamental fence not less than six (6) feet in height may be substituted for the masonry wall with the approval of the Planning Commission.

(4) Loading berths shall be located to the rear or on the side of the building being served such that it is screened from view from adjacent roads. Loading/unloading operations shall not interfere with traffic on public streets or off-street parking.

(5) Surfacing. All loading berths and access-ways shall be surfaced and drained as provided in Section 30-17(D)(6)(g), pertaining to surfacing.

(6) Accessory Use, Parking and Storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off-street parking area.

(7) Size. Unless otherwise specified in this Chapter, loading berths shall be a minimum of twenty-five (25') feet in length and all loading berths shall be a minimum of ten (10') feet in width and fourteen (14') feet in height, exclusive of aisle and maneuvering space.

(8) Number of Loading Berths Required. The number of required off-street loading berths shall be determined by floor area, as defined in Section 30-17(9)(a), as follows:

(a) For each building between five-thousand (5,000) square feet and twenty-thousand (20,000) square feet, one (1) berth; twenty to fifty thousand (20-50,000) square feet, two (2) berths; for each additional one-hundred thousand (100,000) square feet or fraction thereof, one (1) berth.

(b) Establishments containing less than 5,000 square feet of floor area shall be provided with adequate off-street loading space that is accessible by motor vehicle, but which does not interfere with pedestrian or vehicular traffic. The size of any such loading space shall be based on the types of delivery vehicles typically utilized by the establishment, as determined by the Planning Commission, provided that in industrial districts, sufficient land area must be available to provide a ten (10’) feet by twenty-five (25’) feet space in the event that the use of the property changes.

30-19 SIGNS.

(A) Findings. The City Commission finds that signs and other visual outdoor advertising are necessary to the commerce, health, safety and general welfare of the City. Further, it finds that failure to regulate their size, location and construction may lead to poor identification of individual businesses, deterioration of the business and residential areas of the City, intensification of the conflicts between different types of land use, reduction in the effectiveness of traffic-control devices, and safety hazards to pedestrians and motorists. Further, it finds that the City's economic base is dependent upon preserving property values and a healthy business climate.

(B) Purpose. This Section establishes a comprehensive series of standards, regulations and procedures governing signs or symbols serving as a visual communication media to persons which are situated within or upon public right-of-ways or properties. The provisions of this Section are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazard resulting from unnecessary and/or indiscriminate use of communication facilities.

To achieve this purpose, this Section has the following objectives:

(1) To prevent the placement of signs in a manner that will conceal or obscure signs or adjacent businesses.

(2) To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products.

(3) To keep signs within a reasonable scale with respect to the buildings to which they relate.

(4) To prevent off-premises signs from conflicting with business, residential and public land uses.

(5) To keep an area adjacent to streets clean of signs which might obstruct or distract the view of motorists.

(6) To reduce the visual and physical obstructions to motorists entering or leaving streets.

(C) General Provisions.

(1) When electrical signs are installed, all signs shall be designed and constructed in conformity to the

CHAPTER 30 ZONING

(2017) 30-29

provisions of the Building Code, National Electrical Code, the latest adopted edition of the B.O.C.A Code, and the Electrical Code of the State of Michigan, as may be amended.

(2) No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public lands or easements or rights-of-ways.

(3) The temporary use of searchlights, banners, pennants, portable signs and similar devices shall require a temporary sign permit from the City. Temporary signs shall not be subject to the provisions outlined for each specific district. The maximum size for a temporary sign shall not exceed forty-five (45) square feet.

(4) All canopy-style signs located over public right-of-way or over any public or private access route (sidewalks, etc.) shall be located a minimum of eight (8) feet above surface grade. Except as otherwise allowed, no sign shall project over any street or alley surface.

(5) All height restrictions on signs shall include height of sign structure and be measured from lot grade.

(6) Any sign, including sign structure, now or hereafter existing which no longer advertises or identifies a bonafide business conducted, or a service rendered, or a product sold shall be removed by the owner, agent, or person having the beneficial use and/or control of the building, structure, or property upon which the sign may be found within thirty (30) days after written notice from the City. Failure to remove the sign in accordance with the written notice will result in the City causing the sign to be removed and / or new blank panels installed by a sign company at the owner’s expense. The cost of such will be assessed against the real estate.

(7) If at any time, it is found by the City that any sign, billboard, or advertising structure which may have been erected in compliance with this Chapter has become worn, injured, or not maintained so that it then fails to comply with the provisions of this Chapter, then the City shall so notify the owner thereof and demand that the same be removed or repaired. Failure to remove or repair the sign in accordance with the notice sent will result in the City causing the repair or removal at the owner’s expense.

(8) No sign shall be erected, constructed, or maintained so as to obstruct any fire exit, required exit, window, door opening, or wall opening intended as a means of ingress or egress.

(9) No sign shall be erected, constructed, or maintained so as to interfere with any opening required for ventilation.

(10) All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the Electrical Code. However, in no instance shall a sign be erected within eight (8') feet of any electrical power line, conductor, or service drop or any other communication line, conductor, or service top.

(11) All signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, or communication equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage or surface or underground water.

(12) No sign shall be erected, constructed or maintained so as to interfere with any existing warning or instructional sign.

(D) Measurement of Sign Area, Height and Setback. Dimensional standards and measurements for signs shall be subject to the following:

(1) Sign Area. The surface area shall be measured and defined by the area which encloses the extreme limits of individual letters, words, symbols or message of the sign together with any frame.

(a) Where two (2) sign faces with identical sign areas are placed back to back within two (2) feet of one another, then the sign area shall equal the area of one (1) face.

(b) Where two (2) sign faces with different sign areas are placed back to back within two (2) feet of one another, then the sign area shall equal the area of the larger face.

(c) Where two (2) sign faces with different sign areas are placed more than two (2) feet from one another at any point, then the sign area shall equal the total area of all sign faces.

(2) Sign Height. The distance from the average level of the ground or pavement directly below the sign to the highest point of the sign structure, including any supportive or decorative elements.

(3) Sign Setback. Setbacks shall measure from the closest street right-of-way or front property line to the nearest edge of the sign.

(E) District Regulations. The following signs are allowed in the various zoning districts as provided in this Section. Signs are allowed to be installed on the side of a building in accordance with the specific requirements of each zoning district.

CHAPTER 30 ZONING

(2017) 30-30

(1) Residential District (R-1 through Mobile Home District R-MH). Signs permitted in Section titled "Permitted Signs" are allowed in residential districts except as noted.

(2) Neighborhood Business District (B-1). Signs shall be limited to one (1) wall or canopy sign, and one (1) monument sign on the premises of a business establishment or composite of businesses under single ownership by an individual firm, or corporation. On parcels fronting two (2) or more streets, one (1) monument sign is allowed for each street frontage. On parcels with five hundred (500) feet of total street frontage on one (1) street or seven hundred (700) feet of total street frontage on two (2) or more streets, one (1) additional monument sign is allowed.

(a) The total area of each sign permitted shall not exceed five (5) square feet for each ten (10') feet or fraction of street frontage or fifty (50) square feet for each acre or fraction thereof, whichever is larger. However, in no case shall the area of any sign exceed one hundred (100) square feet.

(b) Where any premises has more than one occupant, the permitted area of each sign shall be divided among them in the same proportion as floor space and outdoor sales space which is occupied by them.

(c) Where the premises has more than two occupants, and has a name distinct from that of an occupant, as in a shopping mall, an additional three (3) square feet of sign area for each ten (10') feet or fraction of street frontage up to a maximum of seventy-five (75) square feet, is allowed for monument signs. This additional sign area shall be used only to display the name of the premises.

(d) Structures containing a floor area of ten thousand (10,000) square feet or more and having multiple tenants, may have one (1) wall or canopy sign identifying only the name and/or business for each tenant, provided no single sign is greater than ten (10 percent of the gross silhouette area of the tenant building front to which it is attached or one hundred (100) square feet, whichever is lesser. For the purposes of determining the gross silhouette of the tenant building front, the silhouette shall be defined as that area within an outline drawing of the tenant building front as viewed from the main entrance of the tenant building. Main entrance shall be determined by the Zoning Administrator.

(e) The maximum height for a monument sign shall not exceed twelve (12) feet. The placement of monument signs shall comply with the traffic visibility requirements outlined in Section 30-19, (G), (1) below.

(f) Any canopy structure to which a canopy sign is attached shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum underclearance of eight (8) feet shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable, match the established underclearance height and projection of canopies which exist on abutting parcels and/or businesses.

(3) Central Business District (B-3). Signs shall be limited to one (1) wall, canopy, or projecting sign, and one (1) monument sign on the premises of a business establishment or composite of businesses under single ownership by an individual, firm or corporation. On parcels fronting two (2) or more streets, one (1) wall, canopy or projecting sign and one (1) monument sign is allowed for each street frontage. On parcels with five hundred (500) feet of total street frontage on one (1) street or seven hundred (700) feet of total street frontage on two (2) or more streets, one (1) additional monument sign is allowed.

(a) The total area of each sign permitted shall not exceed ten (10%) percent of the gross silhouette area of the building front, or ten (10) square feet for each ten (10') feet or fraction of street frontage, whichever is greater. An additional five (5%) percent of gross silhouette area of the building front, or five (5) square feet for each ten (10') feet or fraction of street frontage may be added to the total permitted sign area when more than one separately conducted business is contained within the building. However, in no case shall the area of any sign exceed one hundred (100) square feet. For the purposes of determining the gross silhouette of the building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the main entrance of the building. Main entrance shall be determined by the Zoning Administrator.

(b) Where any premises has more than one occupant, the permitted area of each sign shall be divided among them in the same proportion as floor space and outdoor sales space which is occupied by them.

(c) Structures containing a floor area of ten thousand (10,000) square feet or more and having multiple tenants, may have one (1) wall, canopy or projecting sign identifying only the name and/or business for each tenant, provided no single sign is greater than ten (10%) percent of the gross silhouette area of the tenant building front to which it is attached or one hundred (100) square feet, whichever is lesser. For the purposes of determining the gross silhouette of the building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the main entrance of the building. Main entrance shall be determined by the Zoning Administrator.

CHAPTER 30 ZONING

(2017) 30-31

(d) The maximum height for a monument sign shall not exceed twelve (12) feet.

(e) Any projecting sign or canopy structure, to which a canopy sign is attached, shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum under-clearance of eight (8) feet shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable, match the established under-clearance height and projection of canopies which exist on abutting parcels and/or businesses

(4) General Business and Industrial Districts (B-2, I-1, and I-2). Signs shall be limited to one (1) wall, canopy, or projecting sign, and one (1) monument sign or pylon sign on the premises of a business establishment or composite of businesses under single ownership by an individual, firm or corporation. On parcels fronting two (2) or more streets, one (1) monument or pylon sign is allowed for each street frontage. On parcels with five hundred (500) feet of total street frontage on one (1) street or seven hundred (700) feet of total street frontage on two (2) or more streets, one (1) additional monument or pylon sign is allowed.

(a) The total area of each sign permitted shall not exceed ten (10) square feet for each ten (10) feet or fraction of street frontage, or seventy-five (75) square feet for each acre or fraction thereof, whichever is greater. However, in no case shall the area of any sign exceed one hundred and fifty (150) square feet.

(b) Where any premises has more than one occupant, the permitted area of each sign shall be divided among them in the same proportion as floor space and outdoor sales space which is occupied by them.

(c) Where the premises has more than two (2) occupants, and has a name distinct from that of an occupant, as in a shopping mall, an additional five (5) square feet of sign area for each ten (10') feet or fraction of street frontage up to a maximum of one hundred (100) square is allowed for monument or pylon signs. This additional sign area shall be used only to display the name of the premises.

(d) Structures containing a floor area of ten thousand (10,000) square feet or more and having multiple tenants, may have one (1) wall, canopy or projecting sign identifying only the name and/or business for each tenant, provided no single sign is greater than ten (10%) percent of the gross silhouette area of the tenant building front to which it is attached or one hundred (100) square feet, whichever is lesser. For the purposes of determining the gross silhouette of the building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the main entrance of the building. Main entrance shall be determined by the Zoning Administrator.

(e) The maximum height for a monument sign shall not exceed fifteen (15) feet. The maximum height for a pylon sign shall not exceed twenty-five (25) feet.

(f) Any canopy structure to which a canopy sign is attached shall not be less than two (2) feet from any vehicular parking space or maneuvering lane. A minimum under-clearance of eight (8) feet shall be maintained above a sidewalk by all canopy structures. Canopies hereafter erected shall, whenever practicable, match the established under-clearance height and projection of canopies which exist on abutting parcels and/or businesses

(5) Industrial Park and Airport Districts (I-3, I-4 and A) . Identification signs shall be of the monument type and/or the wall or fascia type. One of each type is permitted. Monument signs shall not exceed sixty (60) square feet per side nor have a total height greater than eight (8') feet. Monument signs shall have a minimum setback equal to the actual sign height, Wall or fascia type shall not exceed ten (10') percent of the gross silhouette area of the building front. Informational signs are permitted as required. Pylon or pole type signs, billboard signs, and roof signs are prohibited. An identification sign for an industrial park entrance shall not exceed one hundred (100) square feet per side nor have a total height greater than twelve (12') feet.

(F) Permitted Signs. The following signs are allowed in all zoning districts and, except as otherwise provided, shall comply with all applicable provisions of this Chapter. It shall be unlawful to erect or replace any sign except as provided in this Chapter.

(1) Pylon and Monument Signs. No portion of any pylon or monument sign shall be nearer than five (5’) feet to any property line or driveway.

(2) Identification Signs. There may be one on each premises not to exceed six (6) square feet in area. If the sign is free standing, the total height may not exceed five (5) feet. Identification signs are prohibited in residential districts except for premises having a Home Occupation Permit, which premises may have one wall sign.

(3) Integral Signs.

(4) Political Campaign Signs. Shall not exceed four (4) square feet in all residential districts, or twelve (12)

CHAPTER 30 ZONING

(2017) 30-32

square feet in all other zoning districts. Every campaign sign must contain the name and address of the person(s) responsible for placement and removal of the sign. Signs erected before any election shall remain in place for no longer than five (5) days after the election for which they are intended. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) day limit. Signs may be placed to the property line. Campaign signs shall not be erected within one hundred (100') feet of any entrance to a building where a polling place is located.

(5) Holiday Signs. All holiday signs and placement shall be approved by the Zoning Administrator and shall be displayed for a period not to exceed sixty (60) days.

(6) Construction Signs. Construction signs shall be confined to the site of the construction, alteration, or repair and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the Building Official. One sign shall be permitted for each street the project abuts. No sign may exceed ten (10) square feet in a residential district or fifty (50) square feet in a business or industrial district.

(7) Real Estate Sale or Rental Signs. Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than six (6) square feet in residential districts, nor more than twenty (20) square feet in all other districts. There shall be only one sign for each street frontage. Real estate sale signs may be placed to the property line.

(8) Informational Signs. Signs shall not be larger than five (5) square feet and shall conform to the location provisions of the specific district. Information signs are prohibited in residential districts.

(9) Bulletin Board Signs. Signs may not exceed twenty-four (24) square feet in area. Signs shall be limited to one sign per street frontage, and may be located to one-half the required setback.

(10) Institutional or Area Identification Signs. The sign area shall not exceed twenty-four (24) square feet; and if the sign is freestanding, the height does not exceed eight (8) feet.

(11) Non-Profit Events. Signs which advertise events sponsored by non-profit organizations shall not exceed four (4) square feet. These signs do not require a permit but must be removed within five (5) days after the event advertised.

(12) Governmental Signs. May be placed as determined necessary or required by governmental unit.

(G) Prohibited Signs. The following signs are specifically prohibited by this Chapter.

(1) Any sign, by reason of its size, location, content, coloring, or manner of illumination, which obstructs the vision of drivers or pedestrians, or detracts from the visibility of any official traffic control device.

(2) Any sign which contains or imitates an official traffic sign or signal except for private, on-premises informational signs.

(3) Any sign which moves or rotates. Exempted are time and/or temperature information signs and barber poles.

(4) Off-premises advertising signs except for signs which advertise events sponsored by nonprofit organizations, and signs found on fences inside of baseball parks and billboards.

(5) Signs which contain a registered trademark or portray a specific commodity for sale occupying more than ten (10%) percent of the sign area unless the registered trademark or commodity is the principal activity conducted on the premises.

(6) No person shall stand or park a motor vehicle on public or private property in the City for the purpose of advertising the same "for sale" or "for trade". The owner of a motor vehicle may place a "for sale" or "for trade" sign within the vehicle provided the vehicle is located on the owner's premises. This Section shall not apply to properly licensed automobile dealerships and properly licensed used car lots.

(7) Roof signs.

(8) No sign shall be placed in the area between the street and the sidewalk (a/k/a street terrace) or other City right-of-way except as permitted by this Chapter. No sign shall be attached in any manner to trees, fences, utility poles or other such permanent supports in the right-of-way.

(9) Any sign not located on the lot for which it advertises is prohibited except identification signs for non-profit organizations.

(H) Legal Non-Conforming Signs.

(1) The following are legal nonconforming signs:

(a) Signs which lawfully existed prior to the effective date of adoption or amendment of this Zoning Ordinance which are no longer permitted by this Chapter.

CHAPTER 30 ZONING

(2017) 30-33

(b) All other signs, not now prohibited, which existed prior to the effective date of adoption or amendment of this Zoning Ordinance, but do not conform to the provisions of this Chapter.

(c) A nonconforming sign may not be:

(i) Changed to another nonconforming sign.

(ii) Structurally altered except to bring into compliance with the provisions of this Chapter.

(iii) Expanded.

(iv) Reestablished after its removal for thirty (30) days or more.

(v) Reestablished after damage of more than fifty (50%) percent of sign replacement cost except to bring into compliance.

(d) Maintenance and Repair. Nothing in this Section shall be construed as relieving the owner or user of a legal non-conforming sign or owner of the property on which the legal non-conforming sign is located from the provisions of this Chapter regarding safety, maintenance, and repair of signs provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

(I) Permits.

(1) Signs listed under "Permitted Signs" in this Chapter are exempt from permits.

(2) A permit is required for any sign that is erected, moved to another location or reconstructed either on the same or other premises.

(3) Written application for a sign permit shall contain the following information:

(a) Name, address, and telephone number of the applicant.

(b) Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

(c) Position of the sign or other advertising structure in relation to nearby buildings or structures.

(d) Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.

(e) Name of person erecting the sign structure.

(f) Written consent of the owner of the building, structure, or land to which or on which the sign structure is to be erected.

(g) Any electrical permit required and issued for the sign. Application requesting electrical permit for a proposed sign must accompany sign application.

(h) Such other information as the Zoning Administrator may require to show full compliance with this Chapter.

(i) For temporary sign permits, a map of the location of all the signs to be erected with the dates of erection and removal.

(4) Temporary Sign Permits. Temporary sign permits shall not exceed thirty (30) days with one renewal to a maximum of sixty (60) days in one calendar year. All temporary signs must be removed no later than five (5) days after the event for which it advertises is over.

(5) Permit Fees.

(a) Permit fees for signs shall be based on square footage of sign area.

(b) The fee for any required permit shall be doubled if the sign is erected prior to issuance of a permit.

(c) Sign permit fees: See Section 6.3 of City Code Chapter 6.

(J) Appeals. Any person aggrieved by a decision of the Zoning Administrator relative to the placement, area, height, or construction of a sign may appeal such decision to the Zoning Board of Appeals. The Zoning Board of Appeals may grant a variance after a public hearing.

(1) Variances. The Zoning Board of Appeals has the power to grant specific variances from the requirements of this Chapter upon showing that:

(a) The variance would not be contrary to the public interest or general purpose and intent of this Chapter.

CHAPTER 30 ZONING

(2017) 30-34

(b) The variance does not adversely affect properties in the immediate vicinity of the proposed sign.

(c) The petitioner has practical difficulty resulting from the unusual characteristics of the property that precludes reasonable use of the property.

(d) All sign variances shall terminate upon alteration or reconstruction of more than fifty (50%) percent of the sign or at a date set by the Zoning Board of Appeals, whichever occurs first.

(K) Special Sign Considerations.

(1) Signs in National Downtown Historical District.

(a) All signs in this area shall comply with provisions in this Chapter and be constructed within the guidelines of the Downtown National Register Historic District or any locally adopted Historic District Plan.

(b) Sandwich board signs shall be permitted to be placed up to the curb line. Maximum size for these signs is three (3) feet by four (4) feet. Signs shall be non-electrical. No permit shall be required.

(L) Administration and Enforcement.

(1) The Zoning Administrator shall have the authority to issue sign permits.

(2) Painting, repainting, repairing, servicing or cleaning of a sign or the changing of the business or product copy of a message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

(3) Any sign constituting an immediate hazard to public health or safety is deemed a nuisance and may be removed by the City at the expense of the owner of the sign.

(M) Changeable Signs.

(1) Definitions as used in this Section.

(a) “Changeable Sign” means an on-premises sign created, designed, manufactured or modified in such a way that its Message may be electronically, digitally or mechanically altered by the complete substitution or replacement of one Display by another on each side.

(b) “Display” means that portion of the surface area of a Changeable Sign that is, or is designed to be or is capable of being periodically altered for the purpose of conveying a Message.

(c) “Message” means a communication conveyed by means of a visual display of text.

(d) “Nit” means a unit of illuminative brightness equal to one candle per square meter, measured perpendicular to rays of the source.

(d) “Scrolling” means the moving of text across a Display as if by unrolling a scroll.

(e) “Time and Temperature Sign” means a Changeable Sign that electronically or mechanically displays the time and temperature by complete substitution or replacement of a Display showing the time with a Display showing the temperature.

(2) Display.

(a) The Display of the sign shall not change more rapidly than once every one and one-half (1.5) seconds.

(b) The display shall not, or shall not appear to, flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights; the display shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist or otherwise portray movement or animation as it comes onto, is displayed on, or leaves the sign board.

(c) Scrolling or traveling of a static display onto the sign from one (1) direction only per display shall be allowed; provided, that each display remains in a static state for at least one and one-half (1.5) seconds. There shall be ten (10) seconds of still image or blank screen following every scrolling or traveling display.

(d) No Message shall require more than ten (10) seconds to be displayed in its entirety.

(e) The Display shall have a dark background with only the message or foreground lit in a red, white, amber or other light tone or shade.

(3) Light Levels.

(a) All signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions.

CHAPTER 30 ZONING

(2017) 30-35

(b) Maximum brightness levels for electronic signs in commercial/industrial zones shall not exceed eight thousand (8,000) nits when measured from the sign’s face at its maximum brightness, during daylight hours and five hundred (500) nits when measured from the sign’s face at its maximum brightness between dusk and dawn.

(c) At no time shall the sign be operated at a brightness level greater than the manufacturer’s recommended levels.

(4) Residential Zones.

(a) Changeable signs shall not be allowed within any dwelling or home occupation in any residential zone.

(b) Businesses, public places of worship or schools are allowed changeable signs providing that:

(i) They comply with all relevant provisions of this Section;

(ii) The brightness level shall not exceed eight thousand (8,000) nits when measured from the sign’s face at its maximum brightness during the daylight hours and five hundred (500) nits when measured from the sign’s face at its maximum brightness between dusk and dawn;

(iii) Changeable displays in residential zones shall be turned off between the hours of 10:00 p.m. and 7:00 a.m.

(5) Additional Requirements.

(a) Changeable sign permit applications must include a copy of the manufacturer’s operating manual, which includes the manufacturer’s recommended standards for brightness, scrolling or traveling speed, and other display operations.

(b) Changeable sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with applicable provisions of the City Code and that the owner or operator shall provide proof of such conformance upon request of the City.

(c) Whether the sign is programmed from the site or from a remote location, the computer interface that programs the sign shall be available to City staff for inspection upon request. If the computer interface is not immediately available, the sign shall cease operation until such program can be provided.

30-19A LIGHTING.

(A) Outdoor lighting in any district used to light the general area of a specific site shall be downward directed and shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent Residential Districts or adjacent residences.

(B) Outdoor lighting poles or standards shall not exceed a maximum height limitation of twenty-five (25) feet.

(C) Outdoor lighting in any district shall be directed toward and confined within the boundaries of the lot or parcel or parking lots.

(D) Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property.

(E) Artificial light shall be maintained in a manner so as not to constitute a hazard or nuisance.

30-19B EXTERIOR BUILDING WALL MATERIALS.

(A) The purpose of this section is to serve as a guideline for the establishment of a harmonious exterior building wall appearance for all the walls of a building that are designed so as to create, enhance and promote a uniform, qualitative visual environment throughout the City.

(B) The following exterior building wall material standards shall apply to:

(1) Residential dwellings.

(a) First-floor additions to existing homes shall consist of the same exterior building wall materials as the existing home, or of materials consistent with a majority of the additions in the surrounding area.

CHAPTER 30 ZONING

(2017) 30-36

(b) Second-story additions to existing one-story buildings shall consist of the same exterior building wall materials as the first floor, except that other materials may be used, provided that the materials are horizontal in appearance with no more than thirty percent vertical trim accent and are consistent with the majority of the surrounding homes in the area.

(2) Nonresidential buildings.

(a) Except where otherwise regulated in this section, the exterior walls of a nonresidential building and any related accessory building, including retaining walls, shall consist of the wall materials and/or combinations of materials expressly permitted in this section.

(b) The exterior building walls of a nonresidential building shall consist of the following materials or combinations thereof:

i. Brick

ii. Glazed kiln-baked clay or shale ceramic masonry units, or cut stone or field stone, when these materials are used on not more than twenty (20) percent of the building as accent materials.

iii. Split-face block which shall be treated (impregnated, not painted) with earth tone or natural colors. The split-face block must have a rough, stone-like texture created by splitting the block during production. The size of the split-face block shall be scaled appropriately to the height of the building and the setback from the road right-of-way. Split-face block’s larger than six inches in height and 16 inches in length must be approved by the Zoning Administrator after a recommendation from the Planning Commission.

iv. Precast concrete in a form and pattern which may consist of its natural color or which may be treated (impregnated, not painted) with earth tone colors.

v. Finished cementitious materials, including finished systems and stucco, which shall be treated (impregnated, not painted) with earth tone colors and shall be utilized on not more than twenty (20) percent of the building as accent materials.

vi. Metal materials, including standing, seamed or ribbed panels and stainless steel shall be utilized in not more than twenty (20) percent of the building as accent materials.

(C) Materials specifically prohibited include:

(1) Concrete masonry units (CMU), such as block, pattern and fluted.

(2) Tarred paper, tin, corrugated iron, porcelain clad and steel flat sheets.

(3) Pressed or laminated wood products.

(4) Similar products or materials.

(D) If an applicant requests the use of other materials not specifically permitted in subsection (B) but not prohibited in subsection (C), said materials shall be reviewed and approved by Planning Commission. The Planning Commission may approve alternative materials only when it determines that such materials will:

(1) Be in direct harmony with the intent and purpose of this section and will stand to further promote the uniform and qualitative visual environment of the City.

(2) Meet all applicable requirements of the City's Building Code.

30-20 SCHEDULE OF REGULATIONS. See Chart No. 3

(A) Notes to Schedule of Regulations.

(1) Where properties of different zone districts are contiguous, and one (1) or both of the properties is in a residential district, the minimum yard setbacks of the higher residential district shall apply to the other property unless the minimum requirements of the abutting property are more stringent, or unless otherwise provided by this Chapter.

(2) Where front yards of two (2) or more principal structures in any block (in the case of platted lots) or within three-hundred (300') feet (in the case of unplatted lots) in existence prior to August 22, 1983, within the district zoned and on the same side of the street are less than the minimum front yards required herein, then any building subsequently erected within said block or three hundred (300') feet shall not be less and need not be greater than the average depth of the front yards of the existing structures.

(3) All exterior side yards abutting a street shall be provided with a setback equal to the front yard setback requirements of the district in which located and all regulations applicable to a front yard shall apply. However, in a residential District when two rear yards abut each other at a block end, the exterior side yard

CHAPTER 30 ZONING

(2017) 30-37

setback may be equal to the minimum side yard setback of the District.

(4) Where a B-1, B-2 or B-3 Business District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty (20') feet.

(5) Where an I-1 Industrial District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty-five (25') feet.

(6) Where an I-2 Industrial District or An Airport District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of thirty-five (35) feet.

(7) No building shall be located within twenty (20') feet of any front lot line located across the street from any residential district.

(8) The following uses are excepted from height requirements:

(a) Parapet walls not exceeding four (4') feet in height, chimneys, communication towers, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, penthouses, stacks, stage towers or scenery lofts, flour tanks, water towers, ornamental towers, monuments, cupolas, domes and spires, necessary mechanical appurtenances, or additions to existing buildings which prior to August 22, 1983, exceeded the height limitations of the zoning district up to the height of the existing building.

(9) Yard Requirements.

(a) No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.

(b) The following shall not be considered as encroachments on required yard setbacks for all lots:

(i) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like provided they do not project more than two (2') feet into a required yard.

(ii) An enclosed entrance for a detached single family, two family or town house dwelling may extend into the front yard setback not more than four (4') feet.

(iii) Terraces, steps, wheelchair ramps, uncovered porches, stoops, landings or similar features.

(iv) Laundry drying and recreational equipment, arbors, trellises, air conditioning or heating equipment in side or rear yards to a point no closer than five (5') feet from any lot line.

(v) One (1) detached accessory building not exceeding eight (8') feet in height, nor one-hundred (100) square feet in area in the rear yard to a point no closer than five (5') feet from any lot line.

(10) Residential Clustering Option

(A) The purpose of this option is to promote an alternative means of development on land which is residentially zoned. These provisions will allow the same number of home sites, but cluster the homes on no more than 80 percent of the buildable land, while leaving the unused land perpetually in a undeveloped state by means of a conservation easement, plat dedication, restrictive covenant or other legal means that runs with the land as required by Section 506 of Public Act 110 of 2006, as amended (Michigan Zoning Enabling Act).

(B) At the option of the landowner, in areas zoned for single-family residential purposes, the minimum yard setbacks, building heights, and minimum lot sizes per unit as required by Section 30-20 and Chart 3, Schedule of Regulations, may be waived by the City, and the clustering of dwellings units allowed, subject to the following:

(i) The minimum floor area for all units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the cluster is to be constructed.

(ii) The maximum number of units attached shall not exceed four (4) units.

(iii) The exterior design of the structures shall be compatible with existing single family structures located in the general area of the project in regards to architectural style, size, overall floor area and heights. Variety in the design of individual units shall be provided by

CHAPTER 30 ZONING

(2017) 30-38

the use of design details which do not appear to be continuous or repetitious. A building pattern which is repetitious throughout the project shall not be permitted.

(iv) Yard requirements shall be provided under this option as follows:

(a) Minimum spacing between clusters shall be determined by the number of living units that are arranged in any cluster group as shown on the following table.

Minimum Distance No. of Living Units Per Cluster (Feet Between Clusters) 1 unit and 1 unit 10 1 unit and 2 units 10 1 unit and 3 units 20 1 unit and 4 units 20 2 units and 2 units 10 2 units and 3 units 20 2 units and 4 units 20 3 units and 3 units 20 3 units arid 4 units 20 4 units and 4 units 20

(b) All such groupings shall be so situated as to have one (1) side of the building abutting onto open space.

(c) Any side of a building adjacent to a private service drive or private lane shall not be nearer to such drive or lane than twenty (20) feet, measured from the edge of the nearest travel lane.

(d) Any side of a building adjacent to a public right-of-way shall not be nearer to such public right-of-way than thirty (30) feet.

(e) When the project abuts a front yard of an existing recorded subdivision which is not a part of the site plan submitted under this Section, all dwelling units of the project facing such subdivision shall relate through its front or entrance facade and shall treat such side of the groupings as front yard.

(f) No building shall be located closer than fifteen (15) feet to the outer perimeter (property line) of the site.

(v) The maximum height of buildings under this option shall be thirty (30) feet.

(vi) Density for a site shall be based upon gross area divided by the number of units allowed as established for minimum lot sizes for the zoning district in which the subject site is located. The resulting development yield, expressed in terms of total dwelling units, determined through such computation shall be distributed throughout a contiguous area equal to 80 percent of the subject site buildable area. All remaining land area shall perpetually remain in an undeveloped state pursuant to Section 20-30 (a) (10).(E), below.

(C) In reviewing the plans and approving the application of this Section at a particular site, the Planning Commission may recommend and the City Commission require a landscaped berm, at least three (3) feet in height along the entire property line abutting the major thoroughfare. This berm may be included within a required side or rear yard. The slopes on such berms shall be gentle enough so as not to erode when planted in grass and the horizontal view of oncoming traffic shall not be obscured.

(D) In submitting a proposed layout under this Section, the sponsor of the development shall include, along the site plan, typical building elevations and floor plans, topography drawn at two (2) foot contour intervals, main floor grade elevations relative to the existing topography, all computations relative to acreage and density, details relative to the proposed berm, and any other details which will assist in reviewing the proposed plan.

(E) Site plans submitted under this option shall be submitted and reviewed in conformance with Section 30-36 of this Chapter. All land not intended to be conveyed to individual dwelling unit owners under this option shall be protected by conservation easements, plat dedications, restrictive covenants, or other legal means which runs with the land and which prohibits their development in perpetuity. Such legal means must be approved by the City Attorney to assure such unused land remains perpetually in an undeveloped state, Such open space areas shall represent twenty (20%) percent of the subject sites buildable area.

(F) The construction of a cluster housing development shall be subject to the engineering and building design standards currently in use by the City.

CHAPTER 30 ZONING

(2017) 30-39

(G) Approval of the single-family cluster housing development shall be predicated upon a positive finding that all of the following criteria have been met:

(i) The design shall promote the goals, objectives, and policies of the City’s Master Plan;

(ii) Open space areas shall be provided in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units;

(iii) Individual lots, buildings, and roadways, and open space areas shall be designed to minimize the alteration of environmental site features;

(iv) The design of structures shall be compatible with existing single-family structures located in the general area in terms of architectural style, size, overall floor area, building height and neighboring building orientation;

(v) Clustering of the dwelling units shall occur in a manner which preserves the basic amenities and qualities normally associated with single-family living (such as, but not limited to, privacy, personal open space, and adequate natural lighting and ventilation) while allowing for innovative site layout and open space areas;

(vi) Where the proposed cluster housing development abuts an existing conventional single-family subdivision, land zoned for single-family use, or a major thoroughfare, an orderly transition shall occur using one or more the following techniques.

(a) Detached single-family dwellings;

(b) Open or recreation space;

(c) Sufficient change of topography;

(d) Buffer plantings of sufficient size, character, density and quantity; or

(e) Mounding or berming of sufficient size, height, and slope to ensure proper maintenance of the area.

30-21 ESTABLISHMENT OF DISTRICTS; PROVISIONS FOR OFFICIAL ZONING MAP.

(A) Zone Districts. The City is hereby divided into fifteen (15) zoning districts as follows: R-1 Single Family Residential R-2 Single Family Residential R-3 Single and Two Family Residential R-4 Medium Density Residential R-5 High Density Residential R-MH Mobile Home District B-1 Neighborhood Business B-2 General Business B-3 Central Business I-1 Light Industrial I-2 General Industry I-3 Industrial Park I-4 Airport Industrial Park A Airport Flood Hazard Areas Ordinance

(B) Official Zoning Map. The City is divided into zones, or districts, as shown on the official zoning map entitled "The Zoning Map of the City of Three Rivers" which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this Chapter.

If, in accordance with this Chapter, the City Charter, or Public Act110 of 2006, as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be documented and kept on file together with the date of adoption and the number of the Ordinance which caused such amendment to be made. Changes to the Official Zoning Map become effective as specified in the ordinance establishing such change regardless of entry on the Official Zoning Map.

(C) Rules for Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:

(1) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot

CHAPTER 30 ZONING

(2017) 30-40

lines;

(3) Boundaries indicated as approximately following City limits shall be construed as following such City limits;

(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in event of change in the shore line shall be construed as moving with the actual shore line;

(6) Boundaries indicated as parallel to or extensions of features indicated in Subsections (1) through (5) above shall be so construed;

(7) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map;

(8) Where physical or cultural features existing on the ground are of variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections (1) through (7) above, the Planning Commission shall interpret the zoning district boundaries;

(9) Where a district boundary line divides a lot or lots which were in single ownership as of the effective date of adoption or amendment of this Zoning Ordinance, the Planning Commission may permit the extension of the district regulations for either portion of the lot(s) not to exceed fifty (50') feet beyond the district line into the remaining portion of the lot.

(10) Where a lot of record, as defined in Section 30-8 of this Chapter, is situated partially within the City and partially within an adjoining Township and the land in each jurisdiction is within a single family residential zoning district, the Planning Commission, upon petition of the lot owner, may allow the same uses on the lot as a whole as allowed in Single Family Residential Districts pursuant to Section 30-22 of this Chapter notwithstanding the fact that a portion of the lot is outside the jurisdiction of the City provided that the Planning Commission determines:

(a) That the petition has obtained the approval of the appropriate Township authorities to allow the proposed use on the lot as a whole.

(b) That granting the petition would not violate the purposes and standards stated in Section 30-34(A) of this Chapter.

(c) That all applicable provisions of this Chapter shall apply to the entire lot upon granting the petition.

(D) Application of District Regulations. The regulations provided by this Chapter for each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

(1) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with this Chapter for the zoning district in which it is located.

(2) No building or other structure shall be erected or altered:

(a) To exceed the height or bulk;

(b) To accommodate or house a greater number of families;

(c) To occupy a greater percentage of lot area; or

(d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces.

(3) No part of a yard, or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building unless otherwise specified in this Chapter.

(4) All property not specifically included within a zoning district, and all property which may hereafter be annexed to the City shall be considered to be in the R-1 District until otherwise classified.

30-22 R-1, and R-2 SINGLE FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. The purpose of the R-1 and R-2 Single Family Districts is to provide for low density single family detached residential dwelling units and directly related complementary uses.

(B) Permitted Uses. The following are permitted uses in an R-1 or R-2 District.

(1) Single family detached dwellings;

(2) Adult Foster Care Home, Family;

CHAPTER 30 ZONING

(2017) 30-41

(3) Child Day Care Home, Family;

(4) Public parks and playgrounds;

(5) Essential services.

(C) Permitted Accessory Uses. The following are permitted accessory uses in R-1 or R-2 District;

(1) Private garages, parking spaces and carports for passenger cars and trucks not to exceed a gross weight of twelve thousand (12,000) pounds;

(2) Recreational vehicles and equipment;

(3) Non-commercial greenhouses and gardens;

(4) Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use;

(5) Tool houses, sheds, and similar buildings for storage of domestic supplies and non-commercial recreational equipment;

(6) Boarding or renting of rooms to not more than one (1) person;

(7) Solar collector panels;

(D) Permitted Conditional Uses. The following uses are permitted in an R-1 or R-2 District subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements:

(1) Utility and public service buildings and uses when operating requirements necessitate the locating of such facilities within the district in order to serve the immediate vicinity, subject to the following conditions:

(a) Outdoor storage and overnight vehicular parking shall be expressly prohibited.

(b) The property is screened and landscaped in compliance with Section 30-16 of this Chapter.

(c) Yard and setback requirements may be reduced in the case of unmanned facilities such as pump stations, pump houses, and substations.

(2) Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; public places of worship; provided that:

(a) Required side yards shall be double that normally required for the district.

(b) Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 30-16 of this Chapter.

(c) Adequate off-street parking and access are provided on the site or on the lots directly across a public street or alley to the principal use in compliance with Section 30-17 of this Chapter.

(d) Adequate off-street loading and service entrances are provided and regulated where applicable by Section 30-18 of this Chapter.

(e) Buildings of greater than the maximum height allowed in accordance with the Schedule of Regulations in Section 30-20 of this Chapter may be allowed provided front, side and rear yards are increased above the minimum required yards by one (1') foot for each foot of building height that exceeds the maximum height allowed. Buildings shall not exceed 48 feet.

(f) Nursery schools, day nurseries and child care centers shall provide and maintain a minimum of one hundred fifty (150) square feet of outdoor play area for each child cared for with a minimum play area of not less than five thousand (5,000) square feet.

(3) Adult Foster Care Home, Small Group and Child Day Care Home, Group provided that:

(a) The home is not located closer than one thousand (1,000) feet to any of the following:

i. A facility offering substance abuse treatment and rehabilitation services to seven or more people licensed under Article 6 of the Public Health Code, Public Act 368 of 1978.

ii. A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections.

(b) Only the rear yard shall be used for play or recreational areas, with a minimum play area of not less than one thousand two hundred square feet (1,200) per the requirements of the Licensing Rules for Child Care Centers manual as established by the Department of Human Services with the State of Michigan, as amended, and which areas shall be fenced and controlled and screened in

CHAPTER 30 ZONING

(2017) 30-42

compliance with Sections 30-15 and 30-16 of this Chapter.

(c) Maintains the property consistent with the visible characteristics of the residential neighborhood.

(4) Cemeteries which lawfully occupied land prior to the effective date of adoption or amendment of this Zoning Ordinance.

(E) Permitted Special Exception Uses. The following special exception uses are permitted in the R-1 and R-2 District subject to review and approval in accordance with the provisions of Section 30-34 of this Chapter.

(1) Home occupations (2) Planned unit developments (3) Off-site parking (4) Joint parking (5) Professional business, such as, but not limited to: executive and administrative offices, medical and dental

offices and clinics, insurance sales, accountants, and real estate sales (6) Bed & Breakfast

(7) On-Site Wind Energy Conversion Systems

(F) Prohibited Uses

(1) No existing single-family home shall be permitted to convert to multiple-family dwelling units with the R-1 and R-2 District.

(2) Any building that had been designated for use as a single-family residence but has been converted to a multiple-family use and has been vacant for one (1) year or more, as determined by and upon written notification from the Zoning Administrator to the property owner, shall be converted back to a single-family use upon re-occupancy.

(G) Lot Area, Setback, and Height Requirements. All buildings and uses within the R-1 and R-2 District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-23 R-3 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT

(A) Purpose. The purpose of the R-3 Single and Two Family Residential District is to provide for low to moderate density one (1) and two (2) unit dwellings and directly related complementary uses.

(B) Permitted Uses. The following are permitted uses in the R-3 District.

(1) All permitted uses in the R-1 and R-2 Districts.

(2) Two family dwellings.

(C) Permitted Accessory Uses. The following are permitted accessory uses in the R-3 District.

(1) All accessory uses allowed in the R-1 and R-2 Districts.

(D) Permitted Conditional Uses. The following conditional uses are permitted in the R-3 District subject to site plan review as provided in Section 30-36 of this Chapter.

(1) All conditional uses, subject to the same conditions, allowed in the R, R-1 and R-2 Districts.

(E) Permitted Special Exception Uses. The following special exception uses are permitted in the R-3 District subject to review and approval in accordance with the provisions of Section 30-34 of this Chapter.

(1) All special exception uses allowed in the R, R-1 and R-2 Districts.

(2) Domestic assault shelters.

(F) Prohibited Uses

(1) No existing single-family home shall be permitted to convert to multiple-family dwelling units within the R-3 District, other than what is allowed by this ordinance.

(2) Any building that had been designed for use as a single-family residence but has been converted to more than a two-family swelling and has been vacant for one (1) year or more, as determined by and upon written notification from the Zoning Administrator to the property owner, shall be converted back to a single-family use upon re-occupancy.

(G) Lot Area, Setback and Height Requirements. All buildings and uses within the R-3 District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-24 R-4 MEDIUM DENSITY RESIDENTIAL DISTRICT.

(A) Purpose. The purpose of the R-4 Medium Density Residential District is to provide a greater variety in housing types

CHAPTER 30 ZONING

(2017) 30-43

by allowing medium density development at an overall density ranging up to seven (7) units per acre.

(B) Permitted Uses. The following are permitted uses in the R-4 District.

(1) All permitted uses allowed in the R-1through R-3 Districts.

(2) Townhouses.

(3) Multiple family dwellings, including conversion of existing structures.

(C) Permitted Accessory Uses. The following are permitted accessory uses in the R-4 District:

(1) All accessory uses in the R-1through R-3 Districts.

(D) Permitted Conditional Uses. The following conditional uses are permitted in the R-4 District subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements.

(1) All conditional uses, subject to the same conditions, allowed in the R-1through R-3 Districts.

(2) Day care center; nursing homes; housing for the elderly; adult foster care home, large group; adult foster care congregate facility and similar group housing, provided that:

(a) Side yards are double the minimum requirements established for the R-4 District and are screened in compliance with Section 30-16 of this Chapter.

(b) Only the rear yard shall be used for play or recreational areas, with a minimum play area of not less than one thousand two hundred square feet (1,200) per the requirements of the Licensing Rules for Child Care Centers manual as established by the Department of Human Services with the State of Michigan, as amended and which areas shall be fenced and controlled and screened in compliance with Sections 30-15 and 30-16 of this Chapter.

(c) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

(d) All signing and informational or visual communication devices shall be in compliance with Section 30-19 of this Chapter.

(e) All applicable laws, rules and regulations pertaining to such use are complied with and all required operating permits are secured.

(f) Adequate off-street parking is provided in compliance with Section 30-17 of this Chapter.

(g) There shall be adequate short-term parking or drop off area provided within close proximity to the main entrance. Short-term or drop off parking shall accommodate three (3) care spaces and shall be designated as temporary in nature. The short-term parking or drop off area shall not conflict with off-street parking access and shall not conflict with pedestrian movement. The short-term parking or drop off area is an addition to off-street parking required by Section 30-17 of this Chapter.

(h) One (1) off-street loading space in compliance with Section 30-18 of this Chapter is provided.

(3) Funeral Homes provided that:

(a) Off street parking shall be provided in accordance with Chapter 30-34 (C) (4) of the City Code.

(b) Conformance with the character of the established neighborhood either as the conversion of an existing dwelling or in a new building designed with the appearance of a residential building.

(c) No portion of the principal building is nearer than thirty (30) feet to the next adjoining residentially zoned property.

(d) Sign requirements shall conform to residential district requirements.

(e) They must be located on a major street or a state highway trunk line.

(4) Hospitals, sanitariums or similar institutions provided that:

(a) All such hospitals shall be developed only on sites consisting of at least five acres in area.

(b) The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 40 feet for front, rear, and side yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by at least ten feet.

(c) The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

(d) Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or

CHAPTER 30 ZONING

(2017) 30-44

fence six feet in height. Ingress and egress to the ambulance and delivery areas shall be directly from an arterial or collector street.

(e) All signing and informational or visual communication devices shall be in compliance with Section 30-19 of this Chapter.

(f) Adequate off-street parking is provided in compliance with Section 30-17 of this Chapter.

(g) All applicable laws, rules and regulations pertaining to such use are complied with and all required operating permits are secured.

(5) Private recreational centers provided that:

(a) Required side yards shall be double that normally required for the district.

(b) Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 30-16 of this Chapter.

(c) Adequate off-street parking and access are provided on the site or on the lots directly across a public street or alley to the principal use in compliance with Section 30-17 of this Chapter.

(d) Adequate off-street loading and service entrances are provided and regulated where applicable by Section 30-18 of this Chapter.

(e) Buildings of greater that the maximum height allowed in accordance with the Schedule of Regulations in Section 30-20 of this Chapter provided front, side and rear yards are increased above the minimum required yards by one (1’) foot for each foot of building height that exceeds the maximum height allowed. Building shall not exceed 48 feet.

(E) Permitted Special Exception Uses. The following special exception uses are permitted in the R-4 District subject to review and approval in accordance with the provisions of Section 30-20 of this Chapter.

(1) All special exception uses permitted in the R-1through R-3 Districts.

(2) Youth Correctional Home

(F) Lot Area, Setback and Height Requirements. All buildings and uses within the R-4 District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-25 R-5 HIGH DENSITY RESIDENTIAL DISTRICTS. (A) Purpose. The purpose of the R-5 High Density Residential District is to provide for areas in which higher density

housing in multiple family structures, and directly related complementary uses may occur. (B) Permitted Uses. The following are permitted uses in an R-5 District:

(1) All permitted uses allowed in the R-4 District. (C) Permitted Accessory Uses. The following are permitted accessory uses allowed in an R-5 District.

(1) All accessory uses allowed in R-1 through R-4 Districts. (D) Permitted Conditional Uses. The following conditional uses are permitted in an R-5 District subject to site plan review

as provided in Section 30-36 of this Chapter.

(1) All conditional uses, subject to the same conditions, allowed in R-1through R-4 Districts. (E) Permitted Special Exception Uses. The following special exception uses are permitted in the R-5 District subject to

review and approval in accordance with the provisions of Section 30-34 of this Chapter.

(1) All special exception uses permitted in R-1through R-4 Districts. (F) Lot Area, Setback and Height Requirements. All buildings and uses shall be subject to the requirements of the

Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified in this Chapter. 30-26 R-MH MOBILE HOME DISTRICT. (A) Purpose. It is the purpose of this District to provide for the construction of mobile home communities in accordance

with the Mobile Home Commission Act, Public Act 96 of 1987, as amended, where the location and design standards

CHAPTER 30 ZONING

(2017) 30-45

of mobile home communities are consistent with the Master Plan and this Chapter. (B) Permitted Uses. The following are permitted uses in the R-MH District.

(1) Mobile Home Parks

(2) Mobile Home Subdivisions (C) Permitted Accessory Uses. The following are permitted accessory uses allowed in a R-MH District.

(1) Private garages, parking spaces and carports for passenger cars and trucks not to exceed a gross weight of twelve thousand (12,000) pounds.

(2) Recreational vehicles and equipment.

(3) Non-commercial greenhouses and gardens.

(4) Tool houses, sheds, and similar buildings for storage of domestic supplies and non-commercial recreational equipment.

(5) Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the mobile home park or subdivision.

(6) Solar collector panels.

(D) Requirements for Approval. Prior to the issuance of a building permit for a mobile home community, the following

requirements shall be met:

(1) Site Plan Review. All applicants for a mobile home community building permit shall comply with Section 30-36 of this Chapter. The application shall be of sufficient detail to assure compliance with this Chapter, together with any additional information required by Public Act 96 of 1987, as amended, shall be considered to meet the requirements of that Act.

(2) Compliance with Site Plan. Property, which is the subject of site plan approval, and a mobile home

community building permit must be developed in strict compliance with the approved site plan and any amendments thereto which have been approved by the City.

(E) Design Standards. The following design standards shall be used and applied to any site plan review application for a

mobile home community.

(1) Minimum Lot Requirements. The minimum lot area for a mobile home park shall be five (5) acres.

(2) Shall meet the Michigan Department of Labor and Economic Growth Manufactured Housing General Rules and Public Act 96 of 1987, as amended.

(3) Permitted Signs in Mobile Home Communities. The following permitted signs shall be allowed for each

mobile home community.

(a) One (1) identification sign, not exceeding twelve (12) square feet in area, for each principal entrance provided that no more than two (2) such signs shall be located along any given street nor shall any two (2) such signs be located closer together than three-hundred (300') feet nor shall any such sign be located closer than fifty (50') feet from the side yard boundary of the mobile home community.

(b) Temporary real estate signs not exceeding six (6) square feet in area shall be permitted provided

that there shall be no illumination.

(c) Identification nameplates not exceeding twenty (20) square feet in area identifying non-residential uses within the development shall be permitted flat against the wall of a building within the development and at the entrance of each designated parking area for such building. The total display surface of all identification nameplates for a particular building within the development shall not exceed twenty (20) square feet in area and shall not consist of more than one (1) identification nameplate per building and per parking area entrance.

(d) Signs of an informational, non-advertising nature such as street signs and signs concerning public

or quasi-public areas shall be permitted.

CHAPTER 30 ZONING

(2017) 30-46

(4) Parking Within Mobile Home Communities. In mobile home communities, residential parking shall be provided at the rate of two (2) off-street parking spaces per dwelling unit.

(5) Traffic Visibility. Traffic visibility within mobile home communities shall be in accordance with Section 30-

16(D) of this Chapter.

(6) Screening and Landscaping. Screening and landscaping requirements for mobile home communities shall be in accordance with Section 30-16 of this Chapter.

(7) Streets. Streets that are to be dedicated to the City, if any, shall be constructed in accordance with the

general subdivision regulations of the City, and such plans shall be reviewed and approved by the City Manager. Yards adjacent to public streets shall comply with Subsection (9)(a) of this Section.

30-27 B-1 NEIGHBORHOOD BUSINESS DISTRICT. (A) Purpose. The purpose of the B-1 Neighborhood Business District is to provide for low intensity retail or service

outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and are to be located only in areas which are well served by collector or arterial street facilities at the edge of residential districts. Establishments in this district will generally be small in floor and site area, typically no larger than 15,000 square feet and three to five acres. All permitted and conditional uses abutting a residential district shall be screened and landscaped in accordance with Section 30-16 of this Chapter.

(B) Permitted Uses. The following are permitted uses in a B-1 District:

(1) Generally recognized retail businesses which supply commodities on the premises, such as but not limited to; pharmacies, dry goods, clothing, bicycle sales, camera and photographic supplies, florist shops, hardware, and gifts or novelty shops.

(2) Generally recognized hobby, art, craft, and school supply stores. (3) Generally recognized retail businesses which supply food goods such as but not limited to; groceries, meats,

dairy products, baked goods, frozen foods or other foods, but not to include locker plants. (4) Fruit or vegetable store but not including sales from moveable, motorized vehicles. (5) Personal service establishments which perform services on the premises, such as but not limited to; repair

shops (watch, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, photographic studios, and self-service laundries and dry cleaners.

(6) Restaurants, or other places serving food or beverage, such as but not limed to: candy and ice cream

shops, delicatessens, and general sit-down restaurants, except those having the character of a drive-in, drive-thru or outdoor eating area.

(7) Post office and similar governmental office buildings, serving only persons living in the adjacent residential

area. (8) Bank, savings and loan, credit unions and other financial institutions (9) Commercial and professional offices, such as but not limited to: executive and administrative offices,

medical dental offices and clinics, insurance sales, accountants, and real estate sales. (10) Liquor, off-site consumption (11) Locksmith

(12) Other uses similar to the uses listed above based on Planning Commission approval.

(C) Permitted Accessory Uses. The following are permitted accessory uses in a B-1 District:

(1) Off-street parking as regulated by Section 30-17 of this Chapter.

(2) Off-street loading as regulated by Section 30-18 of this Chapter.

CHAPTER 30 ZONING

(2017) 30-47

(3) Solar collector panels; (D) Conditional Uses. The following conditional uses are permitted in the B-1 District subject to site plan review as

provided in Section 30-36 of this Chapter and the following additional requirements.

(1) All conditional uses, subject to the same conditions, as allowed in the R-1thru R-5 Districts.

(2) Residential uses provided that:

(a) Buildings devoted solely to residential uses shall meet the lot area, setback, and height requirements of the nearest adjoining residential district.

(b) Residential and non-residential uses shall not be contained on the same floor.

(c) Residential and non-residential uses shall have separate entrances and exists.

(3) Retail Gasoline and Retail Gasoline with Convenience Stores provided that:

(a) They are located along State highways.

(b) Sites shall be a minimum of 10,000 square feet and so arranged that at least two stacking spaces are available for motor vehicles which are required to wait.

(c) All lighting shall be shielded from adjacent residential districts and from abutting streets.

(d) Service and repair work of any kind on motor vehicles is strictly prohibited.

(4) Trade Schools provided that:

(a) The use for which training is rendered is permitted in the District.

(5) Drive-in or drive-through restaurants or restaurants with outdoor eating areas subject to the following:

(a) An access lane shall be provided adjacent to the drive-through lane to facilitate traffic flow.

(b) Where the lot abuts a residential district, a ten-foot greenstrip and a fence shall be provided in accordance with Section 30-16.

(c) Outdoor eating areas may be located in any yard; shall only include tables, chairs, umbrellas, canopies, awnings, fencing, and other fixtures which are uniform in design and made of quality materials and with quality workmanship; shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day; shall include an outdoor trash receptacle within the seating area to help ensure an orderly appearance; and, shall not include any cooking, storage, cooling, refrigeration, or other equipment located within the seating area. No food preparation shall be allowed in the outdoor eating area.

(6) Home improvement centers provided that:

(a) The maximum size of an outdoor display area may not be more than ten (10) percent of the enclosed retail area.

(b) The display of any materials and / or products shall meet all setback requirements of a structure, shall be located immediately adjacent to the building, and be enclosed by either glass or decorative fencing material.

(c) Outdoor storage is prohibited.

(E) Special Exception Uses. The following special exception uses may be allowed in the B-1 District subject to review and approval in accordance with the provisions of Section 30-34 of this Chapter.

(1) Joint parking (2) Off-site parking (3) Domestic assault shelters (4) Transitory food units (5) Communication towers (6) Day spas or massage establishments, as defined in Section 5-7 of this Code

(7) Large Retail and Commercial Service Buildings -Commercial Planned Development. (8) On-Site Wind Energy Conversion systems

(F) Lot Area, Setback and Height Requirements. All buildings and uses within the B-1 District shall be subject to the

requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

CHAPTER 30 ZONING

(2017) 30-48

30-28 B-2 GENERAL BUSINESS DISTRICT. (A) Purpose. The purpose of the B-2 General Business District is to provide for the establishment of commercial and

service activities which draw from and serve customers from the entire community or region and are located in areas which are well served by collector or arterial street facilities outside the Central Business District.

(B) Permitted Uses. The following are permitted uses in a B-2 District:

(1) All permitted uses allowed in a B-1 District (2) Retail gasoline and retail gasoline with convenience store (3) Any generally recognized retail business which supplies commodities on the premises within a completely

enclosed building, such as but not limited to: foods, drugs, liquor, furniture, clothing, dry goods, gifts, antiques, pets and pet needs, auto accessories, notions or hardware.

(4) Eating and drinking establishments including but not limited to: restaurants, taverns, cafes, drive-thru and drive-ins.

(5) Amusement places (such as dance halls or roller rinks) (6) Commercial recreational uses such as bowling alleys, pool or billiard parlor or club, indoor archery, indoor

tennis clubs, health clubs and other similar indoor commercial recreation establishments. (7) Copy service and instant offset printing service (8) Department and discount stores (9) Dry cleaning plants (10) Electrical appliance stores including incidental repair and assembly, but not fabricating or manufacturing (11) Employment agencies (12) Garden supply stores, when completely enclosed (13) Governmental and public utility buildings (14) Private clubs or lodges (15) Public utilities (16) Theaters, not of the outdoor drive-in type (17) Travel bureaus, transportation ticket offices (18) Variety stores, 5 and 10 cent stores, and stores of similar nature (19) Other uses similar to the uses listed above based on Planning Commission approval.

(C) Permitted Accessory Uses. The following are permitted accessory uses in a B-2 District:

(1) All permitted accessory uses allowed in a B-1 District. (D) Conditional Uses. The following conditional uses are permitted in the B-2 district subject to site plan review as

provided in Section 30-36 of this Chapter and the following additional requirements.

(1) All conditional uses, subject to the same conditions, as allowed in the B-1 District.

(2) Home improvement centers provided that:

(a) The maximum size of an outdoor display area may not be more than 20 percent of the enclosed retail area.

(b) The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.

(c) Any outdoor storage and/or display of materials and/or products shall be located immediately adjacent to the building and be enclosed by either glass or decorative fencing material.

(d) The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses.

(3) Trade Schools provided that:

(a) The use for which training is rendered is permitted in the District.

(4) Outdoor sales pace for exclusive sale of new or used automobiles, trucks, motor homes or house trailers provided that:

(a) All lighting shall be shielded from adjacent residential districts.

(b) Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

(c) The area of the site to be used for outdoor sales, display or storage shall not exceed seventy percent of the total site.

CHAPTER 30 ZONING

(2017) 30-49

(d) No major repair or major refinishing shall be done on the lot.

(e) Used automotive dealers shall be:

i. At least one (1) acre in size and a permanent structure containing not less than seven hundred (700) square feet of interior floor space to be used as a business or sales office.

ii. Hard surfaced and provided parking spaces for inventory which is not less than ten (10) feet by twenty (20) feet for each used car.

iii. A minimums of ten (10) used cars must be kept on the lot at all times while the dealership is in business.

(5) Hotels and motels provided that:

(a) It can be demonstrated that ingress and egress does not conflict with adjacent business uses.

(b) Each unit shall contain not less than 250 square feet of floor area.

(c) No unit may be used as a permanent residence.

(6) Commercially used outdoor recreational space for children’s amusement parks, miniature golf courses.

(7) Automobile carwash provided that:

(a) All buildings shall have a font yard setback of not less than 50 feet.

(b) Vacuuming and drying areas may be located outside the building but shall not be in the front yard and shall not be closer than 25 feet from any residential district.

(c) All cars required to wait for access to the facilities shall be provided with stacking space off the street right-of-way and shall only be located within the side and rear yards. Two vehicle stacking spaces shall be provided for each wash stall. Each vehicle stacking space shall be eight feet wide by eighteen feet long, and all vehicle stacking spaces shall be located so as not to encumber traffic circulation within the site.

(d) Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

(e) All parking and waiting areas shall be hard surfaced and dust free.

(f) All lighting shall be shielded and directed away from adjacent residential districts.

(g) Provision, which must be approved by the Zoning Administrator or his/her designee, shall be made by the applicant for the collection and disposal of wash water run-off from motor vehicles between the front of the car wash building and the exit driveway so as to prevent icing on the approach and the apron.

(8) Automotive repair - minor such as muffler shops, shock absorber replacement shops, brake shops, lube shops, tire stores, undercoating shops, provided that:

(a) Access to such use shall be directed to a major or collector street.

(b) Access to and from such use shall not be cause for traffic to utilize residential streets.

(c) Outdoor storage of parts or materials shall be prohibited unless stored in proper containers or in a completely enclosed building but excluding prefabricated storage sheds. There shall be no outside parking and/or storage of any partially dismantled or inoperative vehicles.

(d) Areas for required off-street parking required for customers' use shall not be utilized for parking of vehicles awaiting repair or service.

(e) All vehicle servicing or repair shall be conducted within a building.

(f) Suitable containers shall be provided and utilized for the disposal of used parts, and such containers shall be screened from public view.

(9) Small engine repair and equipment repair such as lawn mower repair and servicing, subject to the following conditions:

(a) Access to such use shall be directly to a major or collector street.

(b) Access to and from such use shall not be cause for traffic to utilize residential streets.

CHAPTER 30 ZONING

(2017) 30-50

(c) Outdoor storage of parts or materials shall be prohibited unless such storage is within a fenced and obscured area which meets all setback requirements.

(d) Areas for required off-street parking required for customer use shall not be utilized for the storage of equipment awaiting repair.

(e) All vehicle servicing or repair shall be conducted within a building.

(f) Suitable containers shall be provided and utilized for the disposal of used parts and such containers shall be screened from public view.

(10) Veterinary Hospitals or Clinics provided that:

(a) All activities are conducted within a totally enclosed building.

(b) That the building be climate controlled.

(c) That all buildings control noise levels through the installation of soundproofing treatments like acoustic sound panels, ceiling tiles, and VET baffles that are designed to absorb animal noise within the hospital or clinic.

(d) That boarding of animals may only be an accessory use to the main use of a hospital or clinic.

(11) Transient Merchants

(12) Tattoo Studio

(E) Special Exception Uses. The following special exception uses may be allowed in the B-2 District subject to review and approval in accordance with the provisions of Section 30-34 of this Chapter. (1) All special exception uses allowed in B-1 Districts. (2) Light industrial uses.

(F) Lot Area, Setback and Height Requirements. All buildings and uses within the B-2 General Business District shall be

subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-29 B-3 CENTRAL BUSINESS DISTRICT. (A) Purpose. The purpose of the B-3 Central Business District is to provide for the establishment of commercial and

service activities which draw from and serve customers from the entire community or region within an area designated as the Central Business District. Further, the B-3 district is designed and intended to promote the development of a pedestrian accessible, commercial service district in which a variety of retail, commercial, office, entertaining, civic and residential uses are permitted in a “downtown” mixed-use setting. Each use shall be complementary to the stated function and purpose of the District and shall not have adverse impact upon adjacent street capacity and safety, utilities, and other City services.

(B) Permitted Uses. The following are permitted uses in a B-3 District.

(1) All permitted uses allowed in a B-1 and B-2 District except those that are prohibited herein.

(2) Other uses similar to the uses listed in the B-1 and B-2 Districts based on Planning Commission approval. (C) Prohibited Uses. The following uses are prohibited in a B-3 District.

(a) Car wash

(b) Drive-in or drive-thru restaurants

(c) Gas station

(d) Hotels and Motels

(e) Motor vehicle sales

(f) Automotive repair – major and minor

(g) Small engine repair

(h) Outdoor sales businesses, except temporary sidewalk sales or special events

(i) Dry cleaning plants

CHAPTER 30 ZONING

(2017) 30-51

(j) Public or private storage of materials not directly related to a business which is in operation and does not maintain generally accepted hours of operation for a business of 9 am to 5pm, Mondays through Fridays or similar.

(D) Permitted Accessory Uses. The following are permitted accessory uses in a B-3 District.

(1) All permitted accessory uses allowed in a B-1 and B-2 Districts.

(E) Conditional Uses. The following conditional uses are permitted in the B-3 District subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements.

(1) Residential uses provided that:

(a) Buildings devoted solely to residential uses shall meet the lot area, setback, and height requirements of the nearest adjoining residential district.

(b) Residential and non-residential uses shall not be contained on the same floor.

(c) Residential and non-residential uses shall have separate entrances and exits.

(2) Trade Schools provided that:

(a) The use for which training is rendered is permitted in the district.

(F) Special Exception Uses. The following special exception uses may be allowed in the B-3 District subject to the review and approval in accordance with Section 30-34 of this Chapter.

(1) Public Places of Worship

(2) Motor Vehicle Sales Inside Buildings

(3) On-site Wind Energy Conversion Systems

(4) Transitory Food Units

(5) Donation Boxes

(G) Lot Area, Setback and Height Requirements. All buildings and uses within the B-3 Central Business District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-30 I-1 LIGHT INDUSTRY DISTRICT. (A) Purpose. The purpose of the I-1 Light Industrial District is to provide for the establishment of wholesale and retail

trade of large volume, bulk commercial storage and ware housing, and light industrial development. The overall character of the I-1 Light Industrial District is intended to be transitional in nature, thus industrial uses allowed in this District shall be limited to those which can comparably exist adjacent to commercial and lower intensity uses.

(B) Permitted Uses. The following are permitted uses in an I-1 District:

(1) Assembly manufacturing, fabricating or processing of the following:

(a) Apparel (b) Baker goods for sale or use off the premises (c) Batteries (d) Bed springs and mattresses (e) Belting and chain conveyors (f) Bicycles and toys (g) Cabinets (h) Cameras and photographic supplies (i) Canvas and canvas goods (j) Ceramic products (k) Cork products (l) Electrical motors, generators, transformers, and controls (m) Electrical and electronic products (n) Felt products (o) Jewelry (p) Medical equipment (q) Musical instruments (r) Packaging (s) Products made of glass, cellophane, leather, plastic, wood or paper (t) Sporting equipment

CHAPTER 30 ZONING

(2017) 30-52

(u) Televisions, radios and appliances (v) Tobacco products

(2) Automobile major repair

(3) Building materials sales

(4) Cartage and express facilities

(5) Cartography, blueprints and reproduction services

(6) Commercial printing and engraving

(7) Creamery, dairy plants and ice cream plants

(8) Dry cleaning plant

(9) Electrical service shops

(10) Equipment storage - interior

(11) Government and public utility buildings

(12) Machine shop

(13) Medical, dental and optical laboratories

(14) Radio and television stations

(15) Recreation facilities, completely enclosed

(16) Research laboratories and facilities

(17) Trade schools

(18) Warehouses and mini-storage, not for lease to the public

(19) Wholesale business

(20) Other uses similar to the uses listed above based on Planning Commission approval.

(C) Permitted Accessory Uses. The following are permitted accessory uses in an I-1 District.

(1) Off-street parking as regulated by Section 30-17 of this Chapter.

(2) Off-street loading as regulated by Section 30-18 of this Chapter.

(3) Buildings and structures for a use accessory to the principal use, but limited to thirty (30%) percent of the gross floor space of the principal use.

(4) Solar collector panels;

(D) Conditional Uses. The following conditional uses are permitted in the I-1 District subject to site plan review as provided in Section 30-36 of this Chapter and the following additional requirements.

(1) Mini-warehouses and storage buildings for lease to the public including the dwelling and office of a caretaker provided that:

(a) Buildings shall be spaced not less than 30 feet apart on those sides having entrance doors.

(b) The outdoor storage of recreation equipment accessory to mini-warehouses or storage buildings may be permitted provided such storage area is enclosed with a security fence not less than six feet high.

(c) Landscape or obscuring fence materials shall screen the outdoor storage area to a height of six feet on those sides visible from public streets or any residential area. Obscuring materials in fences shall not include plastic strips.

(2) Any use requiring outdoor sales or storage, for example boat, farm, and heavy equipment sales, provided that:

(a) Landscape or obscuring fence materials shall screen the outdoor sales or storage area to a height of six feet on those sides visible from any residential area.

(d) All lighting shall be shielded from adjacent residential districts.

(e) Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

CHAPTER 30 ZONING

(2017) 30-53

(f) The area of the site to be used for outdoor sales, display or storage shall not exceed seventy percent of the total site.

(g) No major repair or major refinishing shall be done on the lot.

(3) Commercial kennels, provided that:

(a) Animals are to be housed in an enclosed building from 7:00 p.m. until 8:00 a.m. of the next day.

(b) No kennel shall abut or be adjacent to a residential district.

(4) Golf driving ranges, provided that:

(a) When not completely enclosed, a barrier of netting shall be provided that will not allow the passage of the golf ball through it and to a height of 25 feet along the sides and rear of the property. The netting shall be maintained in a good state of repair and replaced when needed.

(b) When not completely enclosed, the range shall be located within the rear yard and shall be setback a minimum of 100 feet from any adjacent residential uses.

(c) Hours of operation will be restricted from 7:00 a.m. to 10:00 p.m. during weekdays and from 7:00 a.m. to 11:00 p.m. on weekends when located within 100 feet of a residential district.

(d) Exterior lighting shall be restricted to the boundaries of the property.

(E) Special Exception Uses. The following special exception uses may be allowed in the I-1 District in accordance with Section 30-34 of this Chapter.

(1) Off-site parking.

(2) Contractors’ Offices, Shops and Yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air-conditioning, masonry, electrical and refrigeration.

(3) Communication Towers

(4) On-Site Wind Energy Conversion Systems

(5) Sexually Oriented Businesses, as defined in Section 5-8 of this Code.

(F) Lot Area, Setback and Height Requirements. All buildings and uses within the I-1 District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-31 I-2 GENERAL INDUSTRY DISTRICT.

(A) Purpose. The purpose of the I-2 General Industry District is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial uses.

(B) Permitted Uses. The following are permitted uses in an I-2 District:

(1) All permitted uses allowed in an I-1 District.

(2) The manufacturing, compounding, assembly, packaging, treatment, or storage of products and materials.

(3) Processing of building stone, marble, or granite products not including extraction or quarrying.

(C) Permitted Accessory Uses. The following are permitted accessory uses in an I-2 District.

(1) All accessory uses allowed in an I-1 District.

(D) Conditional Uses. The following conditional uses are permitted in the I-2 District subject to site plan review as provided in Section 30-36 of this Chapter and the following requirements:

(1) All conditional uses, subject to the same conditions, as allowed in an I-1 District.

(E) Special Exception Uses. The following special exception uses may be allowed in the I-2 District in accordance with Section 30-34 of this Chapter:

(1) Off-site parking (2) Recycling facility (3) Vehicle Impound Yards (4) Communication Towers (5) On-Site Wind Energy Conversion Systems

(F) Lot Area, Setback and Height Requirements. All buildings and uses within the I-2 General Industry District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

CHAPTER 30 ZONING

(2017) 30-54

30-32 I-3 INDUSTRIAL PARK DISTRICT

(A) Purpose. The purpose of the I-3 Industrial Park District is to provide for the establishment of heavy industrial and manufacturing development within the defined boundary of an industrial park.

(B) Conditions. Because a park-like setting is desired, certain restrictions are declared to insure the proper use, appropriate development and improvement of each building site in an I-3 District. The objective is to protect the owners of building sites in the District against improper use of surrounding sites as would depreciate the value of their property; to guard against the erection of structures of improper or unsuitable materials; to encourage the erection of attractive improvements with appropriate locations on the building site; to prevent haphazard and inharmonious improvement of building sites; to insure and maintain proper setbacks from streets and adequate open spaces between structures; and in general to provide for high quality improvements on all lots within park boundaries.

(C) Permitted Uses. Except as may be contained in the following list of prohibited uses, any use which constitutes the manufacturing, processing, fabrication, or assembly of goods and is a Permitted Use or Permitted Accessory Use allowed within an I-1 Light Industrial District, or an I-2 General Industry District may be permitted upon any building site within an I-3 Industrial Park District.

(1) Prohibited Uses. The following uses are specifically prohibited in an I-3 Industrial Park District.

(a) Dwellings except for watchmen’s or caretaker’s quarters.

(b) Salvage yards and scrap processing

(c) Cement, asphalt, lime, gypsum, or plaster of Paris manufacture.

(d) Distillation of bones, fat rendering, glue manufacture, garbage, offal, or dead animal reduction or dumping.

(e) Stockyards or slaughter of animals.

(f) Manufacture or storage of unreasonably dangerous materials;

(g) Soil, sand or gravel extraction or quarrying;

(h) Mini-storage warehouses; and

(i) Any other use which, as determined by the Zoning Administrator, would adversely affect the conditions as stated in Section 30-32(B).

(2) Nuisance Prohibited. No Building Site shall be used for any purpose, which would unreasonably, or detrimentally impact neighboring properties within the Park.

(3) No Outdoor Manufacturing. All permitted manufacturing and processing activities and uses in the Park shall be carried out in wholly enclosed buildings.

(4) Outdoor Storage. The outdoor storage of equipment, raw materials, semi-finished or finished products may be permitted only when such outdoor storage is necessary and incidental to permitted uses conducted on the Building Site. All storage shall be shielded by an obscuring barrier of a height that is at least one foot above the height of the stored and subject to the standards outlined in Sub-Section (G), entitled “Improvement Standards”.

(D) Permitted Accessory Uses.

(1) All accessory uses allowed in the I-1 and I-2 Districts.

(2) Public utility structures.

(3) Recreational Facilities, day care centers, and other activities, which provide direct support and are on the same building site to a permitted primary manufacturing use.

(E) Conditional Uses. Reserved.

(F) Performance Standards.

(1) Vibration, Shock, Noise, Heat, Glare or Other Disturbances. Unreasonable vibration, shock, noise, heat, glare, and other disturbances shall not be permitted.

(2) Air Pollution. All processes that produce smoke, gas, dust, odor, fumes, aerosols, particulates, products of combustion, or any other atmosphere pollutant shall be conducted within a completely enclosed building. The release of pollutants to the atmosphere shall not exceed the current or future standards established by State or Federal controlling agencies.

CHAPTER 30 ZONING

(2017) 30-55

(3) Dust Control. All ground areas not covered by structures shall be landscaped or surfaced with concrete, bituminous asphalt, or other comparable hard surface. Ground surfaces shall by properly drained and maintained in good condition free of weeds, dust, trash, and other debris.

(4) Wastes. All non-hazardous solid material, debris, refuse, or garbage, shall be kept within a completely enclosed building or in screened, properly enclosed containers designated for that purpose. All liquid wastes containing any organic or toxic matter will be disposed of in a manner prescribed by the City of Three Rivers, the St. Joseph County Health Department, and/or State controlling agency. All hazardous waste materials will be stored and disposed of in a manner consistent with all local, state, and federal laws.

(5) Miscellaneous. Activities that impose an adverse effect to health and safety of persons within the Park or on the property and improvements within the Park shall not be permitted.

(G) Improvement Standards.

(1) Front Yard Area. The minimum front yard building setback on any lot shall be 100 feet from the street right-of-way line. The Development Committee and the Property Owner shall jointly determine which street side frontage shall be the front yard on a corner lot. The other street side frontage shall be considered a side yard.

(2) Side and Rear Yard Area. The minimum building setback from any side or rear property line shall be 35 feet, or a distance that is equal to the height of the building whichever is the greater distance. Side or rear property lines adjacent to a dedicated wetland area shall require only 10 feet setback from the property line.

(3) Greenstrips. Each lot shall be provided with a greenstrip within each front, side and rear yard area. Front yard greenstrips shall begin at the right of way line and shall be a minimum of 30 feet in depth. Side and rear yard greenstrips shall begin at the property line and shall be a minimum of 15 feet in depth. Greenstrips shall be landscaped and maintained in accordance with the guidelines contained in this Section. Greenstrips may only be utilized or interrupted for access, pedestrian ways, landscaping and signs relating to building identification, public safety, and traffic control.

(4) Off-street Parking. Each lot shall maintain off-street parking facilities in accordance with the standards of the Off-street Parking Requirement s of the Zoning Ordinance. Parking may be located any place on the building site exclusive of required greenstrips. Where parking is established between a building and the required front yard greenstrip, it shall be screened by a living hedge or a combination of planting and earth berming not less than 5 feet in height. Front yard parking shall be limited to office employees and visitors.

(5) Loading Spaces. The provision of off-street loading space shall conform to all the requirements of the Zoning Ordinance except that they shall be located on those sides of a building, which do not front on a street. In the case of buildings located on corner lots, the Zoning Administrator may approve loading spaces on the side of the building adjacent to the street if the loading spaces are landscaped and/or fenced in a manner so as to interrupt the view of the area.

(6) Signs. The provision of on-premise signs for each building site shall be in conformance with the requirements of the Zoning Ordinance except that billboard signs and pylon signs are not permitted in the Park.

(7) Utilities Services. All electrical and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. No transformer, electric, gas, or other meter of any type or other apparatus shall be located on any power pole. All utility infrastructure shall be adequately screened.

(8) Building Construction. All buildings shall be of masonry, precast concrete, or factory finished metal construction. All office facades facing a street shall be constructed of brick, stone, fluted block, glass or similar decorative material. Wood may be utilized for decorative and non-structural porticos, canopies, and other attachments. All metal buildings shall be constructed to the minimum requirements established by the Metal Building Manufacturers Association and all buildings shall be adequately protected on the interior and exterior from damage by vehicles and operations.

(9) Landscaping. The entire building site not devoted to floor area, parking, outdoor storage, access ways,

pedestrian ways, woodland or wetlands shall be landscaped with grass, canopy and coniferous trees, shrubs or other forms of low growing natural ground cover. Areas set aside for expansion shall be placed in grass and kept weed free. Any areas that become disturbed for any reason shall be restored as soon as practical. In approving a landscape plan, the following guidelines will apply:

(a) Landscaping shall be installed within 9 months of completion of the building or structure.

(b) Landscaping shall be hardy plant materials and maintained in a neat and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.

CHAPTER 30 ZONING

(2017) 30-56

(c) Underground sprinkling systems shall be encouraged on private property where necessary to service landscaped areas and such areas shall be neatly maintained, including mowing, fertilizing and pruning.

(d) Parking and loading areas shall be landscaped and/or fenced in such a manner as to interrupt the view of these areas.

(e) Corner lots are encouraged to provide appropriate landscaping and the appropriate landscaping shall be encouraged for both street frontages.

(f) The extensive use of cobblestones, crushed stones, or other non-living material as a ground cover is discouraged.

(g) Where appropriate, the use of earthen berms is encouraged. Plantings should be grouped or clustered to provide the maximum visual effect.

(h) Adjoining property owners are urged to landscape adjacent side and rear yard greenstrips in a complimentary fashion.

(i) Landscape features installed should be designed and situated (a) to break the monotony of large expanses of parking area, (b) to protect lighting fixtures and fire hydrants and (c) to define access and circulation ways.

(10) Fences. Fences and walls in front yards shall not exceed 1 ½ feet in height and shall be constructed of vinyl or masonry. Security fences not exceeding 8 feet in height may be constructed on the common property line abutting a side or rear yard or in any other location except a front yard. Fences adjacent to and within 50 feet of a street shall be landscaped with shrubs and vines.

30-32A I-4 AIRPORT INDUSTRIAL PARK DISTRICT (A) Purpose. The purpose of the I-4 Industrial Park District is to provide for the establishment of an industrial park

dedicated to the manufacturing of aeronautical products and goods or other uses which would utilize the facilities at the Three Rivers Airport Industrial Park (“AIP”) for shipment and/or transportation within the defined boundary of the AIP.

(B) Conditions. To preserve a park-like setting, certain restrictions are declared to insure the proper use, appropriate development and improvement of each building site in an I-4 District. The objective is to protect the Owner and/or occupant of each building site against such improper use of surrounding building sites so as to protect property values; to guard against the erection of structures of improper or unsuitable materials; to encourage the erection of attractive buildings and improvements within the AIP; to prevent haphazard and inharmonious improvements of building sites; to insure and maintain property setbacks from streets with adequate open spaces between structures; and in general to provide for high quality improvements within the AIP.

(C) Permitted Uses. Except as may be contained in the following list of prohibited uses, any use which constitutes the manufacturing, processing, fabrication, or assembly of goods in direct or supportive aeronautical activity; business uses that are complementary to aeronautical activity including ground transportation; training and/or fixed base operator (FBO); business uses that rely on air transportation; manufacturing operations and/or technology related businesses consistent with the Light Industrial Zoning designation; hangars associated with a business/industry located in the AIP and “Tie-Down”.

(1) Prohibited Uses. The following uses are specifically prohibited in an I-4 Airport Industrial Park District.

(a) Dwellings except for watchmen’s or caretaker’s quarters;

(b) Salvage yards and scrap processing;

(c) Cement, asphalt, lime, gypsum, or plaster of Paris manufacture;

(d) Manufacture or storage of unreasonably dangerous materials; or any activity that would be a potential fire hazard to surrounding property (excluding aviation fuel as stated in Section 4.2E);

(e) Mini-storage warehouses;

(f) The keeping of animals or livestock; and

(g) Any other use which, as determined by the Zoning Administrator to be objectionable by reason of emission of odor, dust smoke, gas vibration or noise which may impose a hazard to health or property.

(2) Nuisance Prohibited. No building site shall be used for any purpose which would transmit excessive noise; smoke and particulate emissions matter; emission of toxic, noxious or odorous matter; glare; heat emission; accumulation of refuse or trash; electronic or radio interference.

CHAPTER 30 ZONING

(2017) 30-57

(3) No Outdoor Manufacturing. All permitted manufacturing and processing activities and uses in the AIP shall be carried out in wholly-enclosed buildings.

(4) Prohibition of Aerials and Towers. No aerial or tower shall be erected without the express written permission of the airport management.

(D) Outdoor Storage. No storage shall be allowed forward of the rear half of the building on the non-street side and all such storage areas shall be fenced and effectively screened, by a solid, uniformly finished wall or fence with solid entrance and exit gates with minimum height of five (5) feet but not higher than eight (8) feet. All stored materials shall be below the top elevation of the fence or wall. No storage of equipment, raw materials, semi-finished or finished products may be permitted only when such outdoor storage is necessary and incidental to permitted uses conducted on the building site. The type of screening shall be approved by the Development Committee of the Three Rivers Industrial Development Authority and subject to the standards outlined in Section 4.3 entitled “Improvement Standards”.

(E) Permitted Accessory Uses. Reserved

(F) Conditional Uses. - Reserved

(G) Performance Standards.

(1) Disturbances. Unreasonable vibration, shock, noise, heat, glare, and other disturbances shall not be permitted.

(2) Air Pollution. All processes that produce smoke, gas, dust, odor, fumes, aerosols, particulates, products of combustion, or any other atmosphere pollutant shall be conducted within a completely enclosed building. The release of pollutants to the atmosphere shall not exceed the current or future standards established by State or Federal controlling agencies.

(3) Dust Control. All ground areas not covered by structures shall be landscaped or surfaced with concrete, bituminous asphalt, or other comparable hard surface. Ground surfaces shall by properly drained and maintained in good condition free of weeds, dust, trash, and other debris.

(4) Wastes. All non-hazardous solid material, debris, refuse, or garbage, shall be kept within a completely enclosed building or in screened, properly enclosed containers designated for that purpose. All liquid wastes containing any organic or toxic matter will be disposed of in a manner prescribed by the City, the St. Joseph County Health Department, and/or State or Federal controlling agency. All hazardous waste materials will be stored and disposed of in a manner consistent with all local, state, and federal laws.

(5) Fuel. Above ground storage tanks for gasoline or aviation fuel in State approved containers, with secondary containment, for personal use is permitted. No public sales are allowed.

(H) Improvement Standards.

(1) Building Coverage. The total of all buildings on the lot shall not cover an aggregate area of more than 60 percent of the building site.

(2) Front Yard Area. The minimum front yard building setback on any lot shall be thirty (30) feet from the street right-of-way line. The Development Committee and the Lessee shall jointly determine which street side frontage shall be the front yard on a corner lot. The side yard on a corner lot shall also be a thirty (30) foot setback.

(3) Side Yard Area. The minimum building setback from any side property line shall be ten (10) feet from the building to the side property line or a distance that is equal to the height of the building whichever is the greater distance.

(4) Rear Yard Area. The minimum building setback from any rear property line shall be thirty (30) feet from the building line to each rear property line.

(5) Height Restrictions. No structure is permitted that would be an obstruction to air navigation as defined in Part 77 of the Federal Aviation regulations.

(6) Greenstrips. Each lot shall be provided with a greenstrip within each front, side and rear yard area. Front yard greenstrips shall begin at the right of way line and shall be a minimum of thirty (30) feet in depth. Side and rear yard greenstrips shall begin at the property line and shall be a minimum of ten (10) feet in depth. Greenstrips shall be landscaped and maintained in accordance with the guidelines contained in this Section. Greenstrips may only be utilized or interrupted for access, pedestrian ways, landscaping and signs relating to building identification, public safety, and traffic control.

(7) Taxiways and Taxiway ROW Areas. The area between the building lines and the site’s property lines as well as unpaved and adjoining taxiways and/or taxiway right-of-way areas shall be used exclusively for lawns and other ground cover of as approved material except for such portions thereof as may be reasonably required for fenced outside storage areas, or for aircraft ramps and/or aircraft loading areas

CHAPTER 30 ZONING

(2017) 30-58

constructed on the site. Taxiways means all taxiways within the AIP. Taxiway right-of-way means dedicated aircraft right-of-way which is established on the Airport Layout Plan (ALP) as dedicated right-of-way and registered with the St. Joseph County Register of Deeds.

(8) Loading Spaces. The provision of off-street loading space shall conform to all the requirements of the Zoning Ordinance except that they shall be located on those sides of a building, which do not front on a street. In the case of buildings located on corner lots, loading spaces on the side of the building adjacent to the street may approved by the Zoning Administrator if the loading spaces are landscaped and/or fenced in a manner so as to interrupt the view of the area.

(9) Utilities Services. All electrical and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. No transformer, electric, gas, or other meter of any type or other apparatus shall be located on any power pole. All utility infrastructure shall be adequately screened.

(10) Fences. Fences not exceeding eight (8) feet in height may be constructed on the common property line abutting a side or rear yard or in any other location except a front yard. No fences will be constructed in front yards. Fences adjacent to and with fifty (50) feet of a street shall be landscaped with shrubs and vines. Security fencing may be permitted with the Development Committee review and approval. All approved outdoor storage shall be fenced and effectively screened by a solid uniformly finished wall or fence with solid entrance and exit gates with minimum height of five (5) feet but not higher than eight (8) feet. The type of screening and/or fencing must be of durable material and shall be approved by the Development Committee of the Three Rivers Industrial Development Authority.

(I) Wetlands. A portion of the AIP consists of natural wetlands as identified on the AIP Wetland Map. All wetlands within the AIP shall remain in their existing natural condition. Each deed, lease, license or permit of an AIP Lot which includes any portion of the land identified as a wetland on the Wetland Map, shall contain specific provisions prohibiting the purchaser, lessee, or permitee of the Lot from altering any part of the wetland or any area within twenty-five (25) feet of the wetland (the “buffer zone”) in any way.

30-32B A - AIRPORT DISTRICT

(A) Purpose. The purpose of the Airport District is to recognize and protect the areas devoted to public use aviation. It is also intended to provide areas for those activities supporting or dependent upon aircraft or air transportation immediately adjacent to primary flight operations and passenger or cargo service facilities.

(B) Permitted Uses. The following uses are permitted uses in the A - Airport District:

(a) Aviation Clubs (b) Air pilot training schools (c) Aircraft and parts sales (d) Air cargo warehousing and distribution facilities (e) Helicopter pads (f) Repair, service and storage of aircraft (g) Uses consistent with airport operation such as runways, hangars, fuel storage facilities, control towers et

cetera (h) Outdoor public entertainments, amusements and assemblies

(C) Conditional Uses. Reserved

(D) Special Exception Uses. The following special exception uses may be allowed in the A District subject to review and approval in accordance with Section 30-34 of this Chapter.

(a) Permitted camping (b) Restaurant

(E) Landscaping. In accordance with Chapter 30-16.

(F) Signs. In accordance with Chapter 30-19

(G) Lot Area, Setback and Height Requirements. All buildings and uses within the A Airport District shall be subject to the requirements of the Schedule of Regulations in Section 30-20 of this Chapter unless otherwise specified.

30-32C FLOOD HAZARD AREAS ORDINANCE.

(A) See Section 12-4 of Chapter 12 of this Code establishing a Flood Hazard Areas Ordinance for the City of Three Rivers.

30-33 AMENDMENTS.

CHAPTER 30 ZONING

(2017) 30-59

(A) Amendments Allowed. The City Commission may from time to time amend or supplement this Chapter in accordance with Public Act 110 of 2006, as amended. Amendments to this Chapter may be initiated by filing of an application, as prescribed and available from the City Clerk, together with the appropriate fee as determined under Section 30-37 of this Chapter.

(B) Procedure. The following procedure shall be followed for processing a proposed amendment or supplement to this Chapter.

(1) Upon direction of the City Commission, or upon receipt of a valid application for zoning amendment, the Planning Commission shall schedule a public hearing on the proposed amendment. Notice of the hearing shall be published in a paper of general circulation not less than fifteen (15) days prior to the hearing. If an individual property or several adjacent properties are proposed for rezoning, fifteen (15) days’ notice of the hearing shall be given to owners of the property in question, and to all property owners and occupants of structures within three hundred (300') feet regardless of whether the property or structure is located within the City of Three Rivers.

(2) The Planning Commission shall conduct the public hearing, consider the proposed amendment, and make its recommendation to the City Commission. The recommendation shall be made not later than the next regular meeting of the Planning Commission following the public hearing.

(3) The City Commission shall consider the proposed amendment, together with all information and recommendations pertaining thereto, and shall make its final decision. An optional second public hearing, duly noticed in the same manner as required by the Planning Commission, may be held by the City Commission.

(4) Upon presentation of a protest petition meeting the requirements of this Subsection, a proposed amendment to this Chapter which is the object of the petition shall be passed only by a two-thirds (2/3) vote of the City Commission. A protest petition will be considered only if filed with the City Clerk not later than one (1) week prior to the second reading of the amending ordinance, and shall be signed by the following:

(a) The owners of at least twenty (20%) percent of the area of land included in the proposed amendment; or

(b) The owners of at least twenty (20%) percent of the area of land included within an area extending outward one hundred (100') feet from any point on the boundary of the land included in the proposed amendment.

(c) For purposes of Subsections (a) and (b) above, publicly owned land shall be excluded in calculating the twenty (20%) percent land area requirement.

(5) Following the adoption of an amendment to this Chapter, one (1) notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice of adoption shall include the following:

(a) Either the text of the amendment or a summary of the regulatory effect of the amendment, including the geographic area affected.

(b) The effective date of the amendment to this Chapter, which shall be not less than seven (7) days from the date of the publication.

(c) The place and time where a copy of the amendment may be inspected.

30-34 SPECIAL EXCEPTION USES. (A) Purpose. In order to make this Chapter a flexible zoning control and still afford protection of property values and

orderly and compatible development of property within the City, the City Commission may approve the location of certain uses within the various zoning districts, which uses are designated in this Chapter as special exception uses.

Special exception uses are not permitted within the particular zoning district in which they are permitted unless the City Commission is satisfied that the following standards are met:

(1) That the establishment, maintenance or operation of the special exception use will not be detrimental to or endanger the public health, safety or general welfare.

(2) That the special exception use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish and impair property values within its neighborhood.

(3) That the establishment of the special exception use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district.

(4) That adequate utilities, access roads, drainage and necessary facilities have been or are being provided.

CHAPTER 30 ZONING

(2017) 30-60

(5) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6) That the special exception use shall in all other respects conform to the applicable regulations of the zoning district in which it is located and to any additional conditions or procedures as specified in this Section.

(B) Special Exception Use Procedure. The following procedure for consideration of a special exception use shall be followed unless alternative procedures are specified for a particular special exception use.

(1) All applications for special exception use permits shall be filed with the City Clerk together with the appropriate fee as provided by Section 30-37 of this Chapter and shall include all pertinent plans, specifications and other data upon which the applicant intends to rely for a special exception use permit.

(2) The Planning Commission shall, upon receipt of a written application in proper form, schedule and hold a public hearing duly noticed in newspaper circulated within the City, and by a similar notice mailed or personally delivered to the owners of property for which approval is being sought, to all persons for whom real property is assessed within three hundred (300') feet of the boundaries of the subject property, and to the occupants of all structures within three hundred (300') feet thereof regardless of whether the property or structure is located within the City of Three Rivers. The notice shall be given not less than fifteen (15) days before the date of such hearing. Addresses shall be those as shown on the last City assessment roll in the case of owners, or on the City's rental housing registration roll in the case of tenants. If the tenant's name is not known, the term occupant may be used.

(3) Following the public hearing, the Planning Commission shall make a recommendation to either grant or deny a permit for the special exception use and shall state its reasons for its decisions in the matter. All conditions, limitations and requirements upon which a special exception use permit is recommended for approval shall be specified in detail by the Planning Commission in its decision and shall be forwarded to the City Commission.

(4) The City Commission shall consider any request for a special exception use permit, together with all information and recommendations pertaining thereto, and shall make its final decision. An optional second public hearing, duly noticed in the same manner as required by the Planning Commission, may be held by the City Commission.

(5) The plot plan and specifications, and all conditions, limitations and requirements imposed by the City Commission shall be incorporated as a part of the special exception use permit. Violations of any condition limitation or requirement of the permit at any time will cause revocation of the permit and the special exception use shall cease to be a lawful use.

(6) Any property which is the subject of a special exception use permit which has not been used for a period of six (6) months (without just cause being shown which is beyond the control of the owner and which is acceptable to the City Commission) for the purposes for which the special exception use was granted shall thereafter be required to be used for only a permissible use as authorized in the particular zoning district, and the permit for which the special exception use was granted shall thereupon terminate.

(C) Special Exception Uses Permitted. The following special exception uses, namely:

- Home Occupation - Planned Unit Development - Joint Parking - Off-Site Parking - Domestic Assault Shelters - Bed and Breakfast - Professional Businesses - Transitory Food Units - Recycling Facilities - Public Places of Worship Communication Towers

- Youth Correctional Home- Motor Vehicle Sales Inside Buildings - Day Spas and Massage Establishments - Vehicle Impound Yards - Contractor’s Offices, Shops and Yards - Large Retail and Commercial Service Buildings - Commercial Planned Development (CPD) - On-Site Wind Energy Conversion Systems - Sexually Oriented Businesses - Migrant Worker Boarding House - Donation Boxes - Light Industrial Uses

may be allowed as permitted uses in specific zoning districts when the City Commission determines that application for the special exception use meets all the restrictions and requirements of this Chapter.

CHAPTER 30 ZONING

(2017) 30-61

(1) Home Occupation.

(a) Is operated in its entirety within the dwelling and not within any garage or accessory building located upon the premises except for incidental storage in or use of a residential-type garage upon the premises.

(b) Is only conducted by the person or persons occupying the dwelling as his, her or their principal residence during a major portion of each month provided, however, that the City shall have the authority to permit one (1) additional subordinate assistant who does not so reside within the dwelling where the same would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems.

(c) The dwelling has no exterior evidence, other than a permitted identification sign, to indicate that it is being utilized for any purpose other than that of a dwelling.

(d) The occupation conducted in the dwelling is clearly incidental and subordinate to the principal use of the premises for residential purposes, and no more than fifty (50%) percent of the floor area of one (1) story of the dwelling is devoted to the home occupation use.

(e) No goods are sold from the premises which are not directly related to the principal home occupation conducted therein.

(f) No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to premises. Any noise, smoke, odor, electrical disturbance or the source of lighting shall not be discernible beyond the boundaries of the premises from which the occupation is conducted.

(g) The use shall not generate pedestrian or vehicular traffic beyond that normal to the residential district.

(h) The use shall not involve the use of commercial vehicles for daily delivery of materials or services to or from the premises.

(i) Any home occupation for which a special exception use has been granted shall be subject to inspection by the Zoning Administrator and may be terminated by order of the Zoning Administrator whenever the same fails to comply with this Chapter.

(j) The City Commission shall determine whether or not a proposed home occupation use complies with this Chapter and is within the spirit of this Chapter to ensure the compatibility of any home occupation use within the character of the zoning district in which the proposed home occupation is located and the health, safety and general welfare of the neighborhood will not thereby be impaired.

(2) Planned Unit Development (PUD).

(a) Purpose. The purpose of this special exception use is to permit flexibility in the regulation of land development; to encourage innovation in land use and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land, natural resources, energy, public services, and utilities; to encourage, employment and shopping opportunities particularly suited to the needs of the residents of the City; and to encourage the use, reuse, and improvement of existing sites and buildings when the uniform regulations contained in other zoning districts do not provide adequate protection and safeguards for the site or surrounding area. The special exception PUD use is intended to accommodate developments with mixed or varied uses, sites with unusual topography or unique settings within the community, or on land which exhibits difficult or costly development problems; a PUD shall not be allowed where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes above.

(b) Permitted PUD Uses Within All Residential Districts.

Permitted residential special exception PUD uses include:

- Single-Family detached dwellings - Two-Family dwellings - Townhouses - Apartment buildings - Condominiums - Housing similar in character to any of the above - Any accessory use permitted in the residential zone - Non-residential uses of a religious, educational, commercial, or recreational in a PUD (in

addition to open space requirements) shall be permitted in accordance with the provisions

CHAPTER 30 ZONING

(2017) 30-62

of this Section. Buildings designed and intended to be used, in part or whole, for non-residential uses in a PUD shall be constructed to the following provisions:

If the PUD contains from one (1) to fifty (50) dwelling units, seventy-five (75%) percent of the dwelling units must be physically constructed prior to any non-residential use construction.

If the PUD contains more than fifty (50) dwelling units, fifty (50%) percent of the dwelling units shall be physically constructed prior to any non-residential use construction.

The only non-residential uses permitted within a residential PUD are:

(i) Bakery and dairy products, retail sales only (ii) Barber and beauty shops (iii) Books, stationary and newspapers (iv) Drugstores (v) Groceries, food stuffs, and meat markets not exceeding 3,500 square feet in floor area (vi) Laundromats (vii) Shoe repair (viii) Tailoring and dressmaking (ix) Schools, nurseries, daycare centers (x) Public Places of Worship (xi) Private or public clubs, lodges, and recreational facilities (xii) Public parks, wildlife preserves, and recreational areas (xiii) Golf courses (xiv) Restaurants limited to non-take-out eating establishments (xv) Office buildings to be occupied primarily by administrative, clerical, accounting,

professional or business research organizations where the uses do not involve the handling, display, or sale on the premises of any merchandise, or the use of show windows or exterior display advertising of any kind except as otherwise provided in this Subsection.

(c) Design Requirements for a Residential Planned Unit Development. Within a residential PUD approved under this Section, the requirements of this Section shall apply in lieu of any conflicting regulations applicable in the zoning district in which the PUD is located:

(i) Number of Dwelling Units Permitted. The maximum number of dwelling units permitted within the PUD shall be determined by dividing the PUD area by the minimum residential lot area per dwelling unit required by the zoning district in which the PUD is located. In the event the PUD lies in more than one (1) zoning district, the number of dwelling units shall be computed for each district separately.

(ii) Lot Area Requirements. For purposes of determining net PUD density, the minimum lot area shall not be reduced for any permitted use more than fifty (50%) percent below that required in the zoning district in which the PUD is located.

(iii) Setback and Yards. The minimum setback and yard or open space requirements for building and structures may be reduced or increased at the discretion of the City Commission to avoid unnecessary disruption of the environment where reasonably equivalent open space is provided upon the site.

(iv) Minimum Lot Frontage and Width. The minimum lot frontage and width for any lot designated for a single-family dwelling may be reduced thirty-three (33%) percent below the requirements of the zoning district in which the PUD is located.

(v) Screening. A screening area may be required along with the perimeter of the PUD if deemed necessary to protect the values of adjoining property under separate ownership.

(vi) Amount of Open Space Required. Within every PUD there shall be planned and set aside permanently as part of the total development an amount of open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the PUD as a whole. Before accepting the open space as meeting the requirements of this Subsection, the City Commission shall find the proposed open space has adequate access and that satisfactory arrangements will be made for the maintenance of the designated open space land.

(vii) Arrangement of Open Space. All required open space within a PUD shall be arranged so as to provide benefit to the maximum number of dwelling units. All separate tracts of open space shall have adequate access from at least one (1) point along a street.

(d) Sign Standards. All signs in PUD's shall be subject to the following requirements:

CHAPTER 30 ZONING

(2017) 30-63

(i) General Regulations for All Signs. Except as otherwise provided herein, all signs shall comply with Section 30-19 of this Chapter.

(e) Permitted Signs.

(i) One (1) freestanding permanent sign per entrance to the PUD shall be permitted not to exceed fifty (50) square feet in area for the purpose of identifying the name of the PUD provided, however, that not more than two (2) signs shall be permitted per total completed PUD. As an alternative to one (1) of the foregoing permitted signs, a directory-type sign not exceeding eighty (80) square feet in area identifying the name of the PUD and non-residential uses therein shall be permitted at the entrance which is the primary entrance for more than one (1) non-residential use provided that any identification of an individual non-residential use shall not exceed ten (10%) percent of the total area of such directory-type sign. Any such sign shall be within the PUD and where adjacent to any contiguous residential classification or use shall be located at least fifty (50') feet from the interior boundary between the PUD and the residential classification or use.

(ii) In the event that a directory-type sign is not used, one (1) commercial sign not exceeding eighty (80) square feet in area and sixteen (16') feet in height shall be permitted identifying an aggregate of non-residential uses within the PUD provided that not more than ten (10%) percent of the total sign area is allocated to any individual non-residential use. This sign shall be within the PUD and at least fifty (50') feet from any boundary of the PUD.

(iii) Identification nameplates not exceeding twenty (20) square feet in area identifying residential and non-residential uses within the PUD shall be permitted flat against the wall of a building within the PUD and at the entrance of each designated parking area for such building. The total display surface of all identification nameplates for a particular building within the PUD shall not exceed twenty (20) square feet in area and shall not consist of more than one (1) identification nameplate per building and per parking area entrance.

(iv) Signs of an informational, non-advertising nature such as street signs and signs concentrating public or quasi-public areas shall be permitted.

(v) Temporary real estate signs not exceeding six (6) square feet in area shall be permitted. The sign shall not be illuminated.

(f) The Planning Commission. The general theme, plan or policy for all signs proposed in a PUD shall be submitted with a sketch plan to the Planning Commission for review and approval before any sign is installed. After the review and approval, no signs shall be installed which do not comply with the approved plans. The Planning Commission shall consider compliance with the following criteria before making any decision regarding sign usage in a PUD.

(i) The aesthetic qualities of any proposal.

(ii) The harmonious relationship of signs to buildings and landscaping within and adjacent to the PUD.

(iii) The contour of the land and the total acreage involved in the PUD.

(iv) The distance of any proposed sign from the boundaries of the PUD and its visibility from adjacent properties or public highways.

(v) The number, quality and character and location of entrances to the development as well as the uses in the area of the entrances.

The Planning Commission is hereby delegated the right and authority to authorize variations from the foregoing provisions which will not be incompatible with the purposes of the PUD or the foregoing criteria and will not be obstructive of view, light, or air, or hazardous or otherwise a nuisance or annoyance to adjacent developments, highway motorists or the general public. The purpose of this delegation of authority is to provide for some flexibility in the regulations and for new aesthetically pleasing concepts which in all cases would comply with the purpose and intent of the PUD to permit a harmonious intermix of land uses aesthetically attractive to both the occupants thereof and the general public.

(g) Application Procedure and Approval Process.

(i) General. When a PUD is proposed, and before any building permit is granted, the developer shall apply for and secure approval of a special exception use permit in accordance with the following procedures and obtain approval of a detailed site plan from the City Commission.

(ii) Step 1 - Application for Sketch Plan Approval. So that the City and the developer can

CHAPTER 30 ZONING

(2017) 30-64

reach an understanding of what is being proposed, and what is required, the developer shall submit an application and required fee in accordance with Section 30-37 of this Chapter and twenty-four (24) copies of a sketch plan to the Planning Commission. The sketch plan shall be drawn to approximate scale and shall clearly show the following information:

(aa) Boundaries of property;

(bb) Location and height of all buildings;

(cc) Interior roadway system including parking facilities and existing rights-of-way;

(dd) The interior open space system;

(ee) The overall storm water drainage system;

(ff) Principal ties to the neighborhood and community with respect to transportation, water supply and sewage disposal;

(gg) Delineation of the various residential and/or commercial areas, including size, number, location and number of housing units;

(hh) Construction phases if applicable; and

(ii) General statement as to how common open space is to be owned and maintained.

(iii) The Planning Commission shall hold a public hearing on the application for a PUD in accordance with the provisions of Section 30-34(B) of this Chapter.

(iv) Planning Commission Recommendation. The Planning Commission shall within sixty (60) days following the public hearing recommend approval or disapproval of the sketch plan or modifications thereto and so notify the City Commission of its decision.

(v) City Commission Approval. Upon receipt of the Planning Commission recommendation, the City Commission shall within thirty (30) days approve, disapprove, or approve with modifications the sketch plan and so notify the applicant.

(vi) Approval of Sketch Plan. Approval of the sketch plan shall not constitute approval of the detailed site plan, but shall be deemed an expression of approval of the layout as a guide to the preparation of the detailed plan.

(vii) Request for Changes in Sketch Plan. If it becomes apparent that certain elements of the sketch plan, as it has been approved by the City, become unfeasible and in need of modification, the applicant shall then resubmit the entire sketch plan, as amended, to the City pursuant to the above procedures.

(viii) Step 2 - Application for Detailed Site Plan Approval. After receiving approval of a sketch plan from the City Commission, the applicant may within one (1) year of the plan prepare a detailed site plan and submit fifteen (15) copies to the Planning Commission. The detailed site plan shall conform to the approved sketch plan and Section 30-36 of this Chapter.

(ix) Required Standards for Approval. The City's review of the detailed site plan shall be based on the provisions of this Chapter and the following criteria:

(aa) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization, traffic controls, and pedestrian movements;

(bb) Location, arrangement, appearance, and sufficiency of off-street parking;

(cc) Location, arrangement, size and entrances of buildings, walkways and lighting;

(dd) Relationship of the various uses to one another;

(ee) Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or a noise deterring screen between adjacent uses and adjoining lands;

(ff) In the case of residential uses, the adequacy of usable open space for playground and recreation;

(gg) Adequacy of water supply, storm water and sanitary waste disposal facilities;

(hh) Adequacy of structures, roadways, and landscaping in areas with moderate to

CHAPTER 30 ZONING

(2017) 30-65

high susceptibility to flooding, ponding and/or erosion;

(ii) Compliance with all provisions of this Chapter; and

(jj) Compatibility of adjoining uses on and off the PUD site and preservation thereof.

(x) Planning Commission Action on the Detailed Site Plan. The Planning Commission shall recommend its approval, disapproval, or approval with conditions or modifications and so notify the City Commission within sixty (60) days of receipt of the site plan.

(xi) City Commission Approval. Upon receipt of the Planning Commission recommendation, the City Commission shall approve, disapprove, or approve with modifications the detailed site plan and so notify the applicant and Building Official.

(h) Effect of Approval. After a detailed site plan has been approved and construction of any part of the PUD commenced, no other type of development will be permitted on the site without further approval thereof by the City after proceedings conducted as in the original application. This limitation shall apply to successive owners.

(i) Revocation. If the construction on the PUD has not commenced within one (1) year from the date of approval, the special exception use permit shall be null and void.

(j) Bond Requirement. A performance bond or bank letter of credit conditioned upon construction and development of the PUD in accordance with the approved plans may be required by the City to be filed with the City Treasurer at the time of application for a building permit where the PUD is to be completed in phases over a period of years, in such amounts and for such periods as, in the discretion of the City Commission, appears adequate to insure compliance with the approved plans.

(3) Joint Parking. A special exception use may be allowed for two (2) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide for off-street parking separately. Approval of a special exception use for joint parking shall be subject to the following conditions:

(a) Up to fifty (50%) percent of the parking facilities required for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facility daytime uses in Subsection (d) below.

(b) Up to fifty (50%) percent of the off-street parking facilities required for any use specified under Subsection (d) below as primarily daytime uses may be supplied by the parking facilities provided by the following night-time or Sunday uses: public places of worship, bowling alleys, dance halls, theaters, bars or restaurants.

(c) Up to eighty (80%) percent of the parking facilities required by this Chapter for a public places of worship may be supplied by the off-street parking facilities provided by uses specified under Subsection (d) below as primarily daytime uses.

(d) For the purpose of this Section, the following uses are considered a primarily daytime use: banks, business offices, retail stores, personal service shops, and similar uses.

(e) Conditions required for joint use:

(i) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300') feet of joint parking facilities.

(ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed.

(iii) A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the St. Joseph County Register of Deeds.

(4) Off-Site Parking. A special exception use may be allowed for off-site parking which is used to meet the requirements for off-street parking contained in this Chapter. Approval of the special exception use shall be subject to the following conditions:

(a) Off-site parking shall be developed and maintained in compliance with all requirements and standards of this Chapter.

CHAPTER 30 ZONING

(2017) 30-66

(b) Reasonable public access from off-site parking facilities to the use being served shall be provided.

(c) Off-site parking for multiple family dwellings shall be located within one hundred (100') feet from the property of the principal use served.

(d) Off-site parking for non-residential uses shall be located within five hundred (500') feet from the property of the principal use being served.

(e) Any use which depends upon off-site parking to meet the requirements of this Chapter shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided, or a site in closer proximity to the principal use is acquired and developed for parking.

(f) All applications for an off-site parking special exception use permit shall conform with Section 30-36 of this Chapter. The site plan will be submitted and considered in conjunction with the procedure for approving the special exception use. All joint parking facilities shall comply with Section 30-16 of this Chapter pertaining to screening and landscaping.

(5) Domestic Assault Shelters. A special exception use may be allowed for a dwelling providing temporary residential facilities for family or household members who are victims of domestic violence upon compliance with all applicable provisions of this Chapter and the following conditions and limitations.

(a) Off-street parking in accordance with applicable provisions of this Chapter.

(b) Screening and landscaping from abutting and surrounding residential uses as required by this Chapter.

(c) Compliance with the provisions of Chapter 12 pertaining to Building and Housing, including license requirements.

(6) Bed and Breakfast. A special exception use may be allowed for a single family residential structure which has ten (10) or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one (1) or more of which sleeping rooms are available for rent to registered overnight guests complying with all applicable provisions of this Chapter and the following conditions and limitations.

(a) Rooms utilized shall be part of the primary residential use and not specifically constructed for rental purposes. The kitchen shall not be a commercial kitchen. There shall be no separate cooking facilities used for the Bed and Breakfast operation.

(b) The innkeeper shall reside on the premises.

(c) Off street paved parking is required at the rate of one (1) space per rental room plus one (1) for the innkeeper. Tandem parking is permitted. A parking plan must be approved prior to license being granted.

(d) Each sleeping room shall have a separate smoke detector alarm. There shall be a fire extinguisher in proper working order on every floor. There shall be at least two (2) exits to the outdoors from the premises.

(e) Lavatories and bathing facilities shall be available to all registered guests.

(f) If signs are used, they shall be no larger than three (3) square feet. Signs shall not be lighted or animated. The sign may be affixed to the front of the building or a post at the sidewalk. The sign and post shall complement the decor of the structure and shall not exceed five (5) feet in height.

(g) Breakfast shall be served only to residents and registered overnight guests at no extra cost.

(h) No stock-in-trade shall be displayed or offered for sale on the premises unless the Bed and Breakfast is located in a zoning district that permits retail sales.

(i) The maximum length of stay for any occupants of Bed and Breakfast operation shall be fourteen (14) days.

(j) Each operator shall keep a list of the names of all persons staying at the Bed and Breakfast. The list shall be available for inspection by City officials at any time.

(k) No commercial receptions, parties, catered meals, or other similar activities not normally found in a private residence shall be permitted.

(l) Bed and Breakfast operations shall not be permitted if the operation endangers, offends, or interferes with the safety or rights of others so as to constitute a nuisance.

(7) Professional Businesses. A special exception use may be allowed to a licensed professional personal service provider, regulated by the State of Michigan, to engage in a licensed profession within an existing dwelling as a non-resident of the dwelling upon complying with the following conditions and limitations:

CHAPTER 30 ZONING

(2017) 30-67

(a) The dwelling is located on that part of Hoffman Street, Portage Avenue, Kelsey Street or North Hooker Avenue which is designated as a major street or on a State highway trunk line.

(b) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with Section 30-17 of this Chapter, and the parking area is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 30-16 of this Chapter.

(c) The business is operated in its entirety within the dwelling and not within any garage or accessory building located upon the premises except for incidental storage in or use of a residential-type garage upon the premises.

(d) The dwelling has no exterior evidence, other than a permitted identification sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.

(e) No goods are sold from the premises which are not directly related to the professional business conducted therein.

(f) No activity shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance; or the source of lighting shall not be discernible beyond the boundaries of the premises from which the occupation is conducted.

(g) The use shall not generate pedestrian or vehicular traffic beyond that normal to the residential district.

(h) The use shall not involve the use of commercial vehicles for daily delivery of materials or services to or from the premises.

(i) The premises and activities therein shall be subject to inspection by the Zoning Administrator and may be terminated by order of the Zoning Administrator whenever the same fails to comply with this Chapter.

(j) Hours of operation of the business shall be limited to the hours between 7:00 a.m. to 6:00 p.m., Monday through Saturday. The business shall not be in operation on Sunday.

(k) The City Commission has determined that the proposed use complies with this Chapter and is within the spirit of this Chapter so as to ensure the compatibility of the use with the character of the zoning district in which the same is located and that the health, safety and general welfare of the neighborhood would not be impaired by the proposed use.

(l) Renovations made to the exterior of the dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity and in compliance with applicable building codes.

(8) Transitory Food Units. Transitory Food Units shall be recognized as a special exception use in all Business Zoning Districts. The following requirements shall apply in addition to all other applicable requirements of the City Code for the zoning district in which such Transitory Food Unit is proposed.

(a) The permit fee and length of times permitted shall be in accordance with Chapter 5 of this Code.

(b) In B-1 and B-2 Zoning Districts, a Transitory Food Unit shall be owned or sponsored by the owner or owners of the business where the Unit is located. A Transitory Food Unit located in the B-3 Downtown Business District shall be located in the City parking lots unless Main Street is closed for a special event. On street parking for Transitory Food Units is prohibited outside the limits of the Central Business District.

(c) No Transitory Food Unit shall remain in any given location for more than seven (7) consecutive days. Violations of this Section are civil infractions.

(d) Each Transitory Food Unit shall be licensed by the Department of Public Health.

(9) Recycling Facility.

(a) Plans and specifications for a Recycling Facility shall be submitted to the Planning Commission in accordance with Section 30-36 and shall include the following:

(i) Means of limiting access including fencing, gates, natural barriers, or other methods.

(ii) Details of the method of treating or disposing of liquid waste resulting from operation of the Facility as it relates to the City's Waste Water Treatment Plant.

(iii) A detailed description and statement of appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day, and control dust, odors, and fire hazards in compliance with State and Federal regulations.

CHAPTER 30 ZONING

(2017) 30-68

(iv) The method of final reduction such as compacting, grinding, shredding, compression, or tamping equipment.

(v) Daily clean-up procedures.

(vi) Other details as required by the Planning Commission to protect the public health, safety and general welfare.

(b) Maintenance of Premises Generally.

(i) The Recycling Facility shall be conducted at all times in compliance with all applicable provisions of City Code and State and Federal regulations.

(ii) The premises used in the conduct of the Recycling Facility shall be maintained so that rats, vermin and all the hazards to health are kept to a reasonable minimum and under control at all times and shall comply promptly with all requests and directives of the Department of Public Health, the City and other governmental agencies.

(iii) Adequate provisions shall be made for routine operational maintenance of the Recycling Facility and all appurtenances.

(c) Size of Site. The premises for the Recycling Facility shall not be less than five (5) acres in size.

(d) Location.

(i) The Recycling Facility shall be located not less than three hundred (300') feet from the nearest residential zone unless the Planning Commission shall find and determine that a greater distance up to five hundred (500') feet, is required under the particular circumstances of the proposed Recycling Facility and a residential zone.

(ii) The site for the Recycling Facility must be located on major arterial streets and not on residential or collector-type streets. Roadways on the Recycling Facility site shall be all weather roads and shall maintain a condition to prevent a dust nuisance.

(e) Screening.

(i) The Facility shall be completely screened from view from public rights of way and adjacent properties by a vertical wall or frame (and associated gates and doors) with a uniform height of no less than ninety-six (96") inches. The wall or fence shall be plumbed vertically and squared and constructed of masonry material with natural or painted finish; wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence shall resist the exterior wall wind loads prescribed in the Building Code adopted by the City. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer. Gates shall be constructed of materials as prescribed for the non-masonry walls or fences. Gates shall be supported so as to remain level and plumb when closed.

(ii) The wall or fence and gates and doors shall be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of six (6') feet from property lines abutting public rights-of-way. Gates and doors shall not extend into the public right-of-way and shall be closed when the Recycling Facility is not in use or operation. The areas outside of the walls or fences on the premises of the Recycling Facility shall be covered with grass or ground cover and kept clean.

(f) Nuisance Prohibited. A Recycling Facility shall be conducted so as to not create a nuisance by reason of noise, odors, smoke, fumes, vibration or any other reason or condition. Dust and odor resulting from unloading and operation of the Facility shall be reasonably controlled at all times. No rubbish dump shall be operated or permitted in conjunction with a Recycling Facility.

(g) Open Burning. No burning of rubber or other substances which may pollute the air shall be permitted on premises of a Recycling Facility. Any fires lighted or maintained upon the premises shall be subject to all reasonable rules and directives of the Chief of the Fire Department.

(h) Noise Control. A Recycling Facility shall be conducted at all times in accordance with the noise restrictions of Chapter 4-12 of the City Code. No heavy sorting shall take place and no break up hammers shall be used at a Recycling Facility between the hours of 6:00 p.m. and 7:00 a.m.

(10) Public Places of Worship. Public places of worship may be permitted as a special exception use provided that:

CHAPTER 30 ZONING

(2017) 30-69

(a) Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 30-16 of this Chapter.

(b) Adequate off-street parking and access are provided on the site or on lots directly abutting or directly across from a public street or alley to the principal use in compliance with Section 30-17 of this Chapter and that the parking area is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 30-16 of this Chapter.

(c) Adequate off-street loading and service entrances are provided and regulated where applicable by Section 30-18 of this Chapter.

(11) Communication Towers. A communications tower may be permitted as a Special Exception Use in the B-1, B-2, 1-1 or I-2 Districts provided that:

(a) All applications for Communications Towers and related facilities must include a Site Plan as outlined in Section 30-36 of this Chapter and shall be reviewed and determined by the Planning Commission in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission in its discretion:

(i) Communication Towers and related facilities shall be located and designed to be harmonious with the surrounding area. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities, i.e., to utilize attached Wireless Communication Facilities.

(ii) Communication Towers and related facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions as confirmed by submission of a certification of compliance by the applicant's licensed engineer.

(iii) Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. Structures which require or are proposed to have high intensity (strobe) lighting shall not be permitted.

(b) Antennas for Commercial Wireless Telecommunication Services shall be required to be located on any existing approved communication tower or building within a one (1) mile radius of a proposed tower unless one (1) or more of the following conditions exists:

(i) The planned equipment would exceed the structural capacity of the existing tower or building as documented by a qualified and registered engineer, and the existing tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(ii) The planned equipment would cause interference materially affecting the usability of any other existing or planned equipment at the tower or building as documented by a qualified and registered professional engineer, and the interference cannot be prevented at a reasonable cost.

(iii) Existing or approved towers and buildings within one (1) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and registered professional engineer.

(iv) Other unforeseen reasons that make it unfeasible to locate the planned equipment upon an existing tower or building.

(c) Any proposed Communication Tower shall be designed structurally, electrically, and in all other respects, to accommodate both the applicant's equipment and comparable equipment for at least two (2) additional users. Towers must be designed to allow for future rearrangement or equipment upon the tower and to accept equipment mounted at varying heights.

(d) Communication Towers shall be designed to blend into the surrounding environment through the use of color and architectural treatment except in instances where color is dictated by other state or federal authorities. Towers shall be of a mono-pole design unless the Planning Commission approves an alternative design.

(i) If an approved alternate design is a guyed tower, the anchorage for the guyed tower must be on the same parcel of land as the tower and setback from property lines a minimum of twenty (20) feet.

(e) If located on the same zoning lot with another permitted use, communication towers and any other structures connected therewith shall not be located in a front yard or side yard abutting a street.

(f) Any part of the structures or equipment placed on the ground pertaining to the communications

CHAPTER 30 ZONING

(2017) 30-70

tower shall be set back for a distance equal to the setbacks for main buildings for the district in which it is located except that in no case shall such structures or equipment be located less than twenty-five (25) feet from any adjacent lot line or main building. This provision shall not apply to antennas located on existing buildings, towers, or other existing structures.

(g) The maximum height of a new or modified communications tower shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure).

(h) The related unmanned equipment structures shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height. The Planning Commission may require such structures or equipment on the ground to be screened in accordance with the applicable provisions of Section 30-16 of this Chapter.

(I) Communication Towers shall not be illuminated unless required by other state or federal authorities. No signs or other advertising not related to safety or hazard warning shall be permitted on any part of the tower or associated equipment or buildings.

(j) Communication Towers which are abandoned or unused shall be removed, along with any associated structures or equipment, within twelve (12) months of the cessation of operations unless a time extension is granted by the Zoning Administrator. Only one (1) three (3) month extension shall be permitted and then only if the Zoning Administrator finds that the owner or former operator of the facility is taking active steps to ensure removal.

(i) To ensure removal of the Communication Tower and related unmanned equipment structures when they have been abandoned or are no longer needed, the application shall include an agreement, to be approved by the City Attorney, requiring the applicant and the owner of the property, and any successors or assigns, to remove the facility as required in Subsection (j) above. The agreement shall provide that, upon failure of the owner of the facility to fulfill the agreement, the City may remove the Communication Tower and related structures and charge the costs of removal to the owner which costs shall be a lien against the property until paid to the City. The lien shall be of the same character and effect as created by the City Charter for City taxes.

(k) Communication Towers shall not be approved by the Planning Commission if any part of the tower is located within two hundred (200) feet of any Residential District lot line.

(12) Youth Correctional Home means a building together with its permitted accessory buildings and structures which are inhabited by six (6) or more persons under the age of eighteen (18) who are under some restraint or security but in which free movement is allowed from sleeping areas and other spaces to the exterior without restraint. A Youth Correctional Home ("YCH")may be permitted as a Special Exception Use provided that:

(a) The minimum setback for side yards is increased to fifty (50) feet except that existing structures with less than a fifty (50) foot side yard setback may be approved by the Planning Commission provided the side yard is adjacent to a public park or similar area.

(b) A screening area may be required along with the perimeter of the YCH if deemed to protect the values of adjoining property under separate ownership.

(c) A YCH shall be provided with outdoor open spaces of not less that seventy (70) square feet per resident or an adjacent public park or similar area may be approved by the Planning Commission.

(d) No activity shall be conducted upon or from the premises that would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, or electrical disturbance. The source of lighting shall not be discernible beyond the boundaries of the premises from which the YCH is operated.

(e) Failure to obtain required permits for construction activities and/or operation of a YCH as required by the State of Michigan or the governing Health Department may result in termination of the Special Exception Use.

(f) Other details as required by the Planning Commission to protect the public health, safety, and general welfare are part of the final plans.

(13) Motor Vehicle Sales Inside Buildings

(a) Plans and Specification for an Interior Motor Vehicle Sales facility (IMVSF) shall be submitted to the Planning Commission in accordance with Section 30-36 and shall include the following:

(i) A registered architectural engineers calculations and statement that the structure can support a definite number of vehicles identified by weight and make of vehicle.

CHAPTER 30 ZONING

(2017) 30-71

(ii) An application for a building permit if required for structure modifications.

(iii) Approval of the Fire Chief of the City of Three Rivers.

(iv) Other details as required by the Planning Commission to protect the public health, safety, and general welfare.

(b) The premises and activities there is shall be subject to inspection by the Zoning Administrator and may be terminated by Order of the Zoning Administrator whenever the same fails to comply with this Chapter.

(c) The areas outside of the walls on the premises of the IMVSF shall be kept clean.

(d) All signs for the facility shall be in accordance with Section 30-19.

(14) Day Spas and Massage Establishments.

(a) Such use shall comply with the Massage Establishment Licensing Regulations as outlined in Chapter 5 of the Three Rivers Code of Ordinances, as amended.

(b) Such use shall not be located adjacent to a R-1, R-2 or R-3 District.

(c) Such use shall be so located as to abut a major thoroughfare, and all ingress and egress to the site shall be directly from said major thoroughfare.

(d) Plans and specifications for a day spa and massage establishment shall be submitted to the Planning Commission in accordance with Section 30-36.

(15) Vehicle Impound Yard.

(a) Plans and Specifications for a vehicle impound yard shall be submitted to the Planning Commission in accordance with Section 30-36 and shall include the following:

(1) Means of limiting access including fencing, gates, natural barriers, or other methods.

(2) Details of the methods of storing and disposing of salvaged liquid and solid waste resulting from the operation of the vehicle impound yard.

(3) Procedures and methods used for safeguarding vehicles held in custody.

(4) Statistical reporting method for inventory records.

(5) Other details or conditions as required by the Planning Commission to protect the public health, safety, and general welfare.

(b) Operation of Premises, Generally.

(1) The vehicle impound yard shall be operated in compliance with all applicable provisions of the City Code and State and Federal Regulations.

(2) The premises used for the vehicle impound yard shall be maintain so that rats, vermin and all hazards to health are kept to a minimum and under control at all times. The owner and the operator of a vehicle impound yard shall promptly comply with all directives of the Department of Public Health, the City and other governmental agencies.

(3) Vehicles or vehicle bodies shall be stored in rows with a minimum twenty (20) foot wide drive separating each row.

(4) Vehicles stored within twenty (20) feet of the yard fence shall not exceed the height of the fence.

(5) No vehicles shall be placed outside the yard fence.

(6) No fluids removed from vehicles shall be applied as a dust control method.

(7) All burning is prohibited.

(8) Batteries shall be removed from junk or wrecked vehicles, which are held for salvage as scrap metal.

(9) Radiator and fuel tanks of junk or wrecked vehicles, which are held for salvage as scrap metal, shall be drained.

(10) Salvaged batteries, oil, and other such substances shall be legally disposed of. Temporary storage on site shall be in a manner that prevents leakage and is approved in writing by the Three Rivers Fire Chief.

CHAPTER 30 ZONING

(2017) 30-72

(11) On the first of each month, the operator of the vehicle impound yard shall file a written report with the Chief of Police for all vehicles in the facility. The report shall indicate the date entered, the vehicle identification number, the registration number, issuing state, condition of the vehicle, and when it occurs, the date and final dispensation of the vehicle.

(c) Size of Site. The premises for the vehicle impound yard shall not be less than five (5) acres in size.

(d) Location. The vehicle impound yard shall be located on a major street and not less than five hundred (500) feet from:

(1) Any residential zone. (2) Water well fields. (3) Lakes or streams. (4) Any public building, public place of worship, hospital, sanitarium, convalescent home,

adult foster care, senior citizen complex, day nursery, school or similar use. (5) Any intersection for a public street or highway.

(e) Screening.

(1) A vehicle impound yard shall be completely screened from view from public right-of-ways and adjacent properties by a vertical wall or frame (and associated gates and doors) with a uniform height of no less than ninety-six (96) inches. The wall or fence shall be plumbed vertically and squared and constructed of masonry material with natural or painted finish; wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering; corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence shall resist the exterior wall wind loads, prescribed in the Building Code adopted by the City. Verification of the wind load resistance must be provided by an architect or engineer licensed to practice in the State of Michigan.

(2) Gates shall be constructed of materials as prescribed for the non-masonry walls or fences. Gates shall be supported so as to remain level and plumb when closed.

(3) The wall or fence and gates and doors shall be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti) and set back a minimum of thirty (30) feet from property lines abutting public right-of-ways. Gates and doors shall be closed when the vehicle impound yard is not in use or operation. The areas outside of the walls or fences on the premises of the vehicle impound yard shall be covered with grass or ground cover and kept clean.

(f) Nuisance Prohibited. A vehicle impound yard shall be conducted so as to not create a nuisance by reason of noise, odors, smoke, fumes, vibration or any other reason or condition. Dust and odor resulting from unloading and operation of the yard shall be reasonably controlled at all times.

(g) Noise Control. A vehicle impound yard shall be conducted at all times in accordance with the noise restrictions of Section 4-9 of Chapter 4 of the City Code. No heavy sorting shall take place. No break up hammers shall be used. No vehicles shall be crushed between the hours of 6:00 P.M. and 8:00 A.M. or at any time on Sundays or any legal holiday designated by the City Commission.

(16) Contractors Offices, Shops and Yards

(a) Contractors’ shops and yards may not be situated in a building registered in the National Historic Downtown District; however, Contractors’ offices are permitted.

(b) Plans and specifications for a contractor’s office, shop, and yard shall be submitted to the Planning Commission in accordance with Section 30-36 and shall also include the following:

(i) Storage yard area screening in the form of solid fencing ten (10') feet high, setback from sidewalks or front property lines a minimum of three (3') feet. The vacant space between the fence and the sidewalk shall be landscaped with shrubs and other decorative plantings to soften the line of the fence.

(ii) Elevation drawings of the subject site or buildings, neighbor buildings, screening and landscaping on a scale to adequately show relationship to each other and improvements to the site in question. Only buildings and fences that, in the opinion of the Planning Commission, blend in with the historical Central Business District shall be permitted.

(iii) Parking areas and storage yards shall be designed and surfaced in accordance with Section 30-17 of Chapter 30 of the City Code. Storage yards shall be surfaced with asphalt, concrete, or similar durable and dustless material.

CHAPTER 30 ZONING

(2017) 30-73

(c) Operations of Premises, Generally

(i) Material, supplies, equipment, and vehicles stored or parked within twenty (20) feet of

the yard fence adjacent to public right of way shall not exceed the height of the fence.

(ii) Shop or yard noise discernable beyond the property lines of the contractors’ office, shop and yard is not permitted between the hours of 6:00 P.M. and 8:00 A.M. or any time on Sundays or any legal holiday as designated by the City Commission.

(iii) Noise Control. Contractors’ hops and yards shall be conducted in accordance with the noise restrictions of Section 4-9 of Chapter 4 of the City Code.

(d) Screening

(i) Contractor’s yards shall be completely screened from view from public rights of way and adjacent properties by a vertical wall or frame (and associated gates and doors) with a uniform height of no less than one hundred twenty (120) inches. The wall or fence shall be plumbed vertically and squared and constructed of masonry material with natural or painted finish; wood with appropriate finish for species use; plywood of a type and texture customarily used as exterior building siding protected from weathering: corrugated or channeled metal with a field or factory applied finish approved by the finish manufacturer for exterior use on the specific metal of the panel. The wall or fence shall resist the exterior wall wind loads prescribed in the Building Code adopted by the City. Verification of the wind load resistance must be provided by a Michigan registered architect or engineer.

(ii) Gates shall be constructed of materials as prescribed for non-masonry walls or fences. Gates shall be supported so as to remain level and plumb when closed.

(iii) The wall or fence and gates and doors shall be repaired, maintained and kept in good condition (free of chips, scratches, peeling and graffiti). Gates and doors shall be closed when the yard is not in use. The areas outside of the walls or fences on the premises of the contractor’s yard shall be covered with grass or ground cover and kept clean.

(e) Nuisance Prohibited. Contractor’s shops and yards shall be conducted so as to not create a nuisance by reason of noise, odors, smoke, fumes, vibration or any other reason or condition.

(17) Large Retail and Commercial Service Buildings – Commercial Planned Development (CPD).

(a) The provisions of this Subsection are intended to ensure that large retail and commercial service buildings are compatible with the surrounding area and the overall community character. The provisions of this Subsection shall apply to: (1) all new retail or commercial service buildings; (2) all additions to retail or commercial service buildings constructed after July 1, 2005; and (3) all existing retail or commercial service buildings on lands that are transferred to the jurisdiction of the City after July 1, 2005. In this Subsection a “retail or commercial service building” shall mean a building or buildings in a Commercial Planned Development (referred to in this Subsection as “CPD” or “Development”). A CPD shall include: (1) a building or buildings in a business establishment or establishments engaged in retail sales and/or commercial services primarily to the general public whose total sales floor area exceeds forty-five thousand (45,000) square feet; and (2) regardless of the size of the building or buildings of the Development, in which the number of parking spaces exceeds one hundred and twenty (120) parking spaces in a single or double line. All Commercial Planned Developments shall require a Special Exception Use Permit and shall be subject to the general standards for the approval of Special Exception Use Permits. Plans and specifications for a CPD shall also be submitted to the Planning Commission in accordance with Section 30-36.

(b) It is intended that a CPD shall provide an attractive, comfortable and convenient environment for patrons of the Development and that the Development be designed and constructed in such a way as to be compatible with the environment and with neighboring uses, especially residential areas.

(c) A CPD should be located in areas within the City which are designated in the Master Plan for intensive or general commercial use.

(d) Definitions as used in this Section:

(e) Accessory uses. The following accessory uses are permitted in a CPD, including but not limited to the following:

(i) Satellite dishes, antennas and communication devices if not being used in connection with a radio or television station.

(ii) Accessory uses as permitted in the applicable Business District (B-1 or B-2).

CHAPTER 30 ZONING

(2017) 30-74

(f) Compatibility with City Plans. The applicant for a Special Exception Use Permit shall provide, through a written Compatibility Report, adequate evidence that the proposed building(s) and overall CPD project shall be compatible with the City’s Master Plan for the area. The Compatibility Report shall specifically address the following items.

(i) A description of how the proposed CPD is compatible with adopted City Plans, including

the Master Plan, and other plans officially adopted by the City;

(ii) A completed Community Impact Analysis which shall include the following:

a. For a building or buildings in a CPD totaling over sixty thousand (60,000) square feet of gross floor area or based on necessity by the Planning Commission, a completed Transportation and Traffic Impact Analysis in a format acceptable to the Michigan Department of Transportation;

b. Prior to approval of a CPD having a building or buildings over sixty thousand (60,000) square feet of gross area, the applicant shall provide adequate funding to allow the City to hire a consultant of its choice with appropriate experience to complete and present an Economic and Fiscal Impact Analysis in the form as shown in Chart 4 of this Chapter. The analysis shall be completed within sixty (60) days from the date on which the City received such funding from the Applicant.

(g) Building Location. If the Planning Commission determines that there is sufficient distance between the primary building of the proposed Development and a public street to include smaller buildings on pads or outlots closer to the public street, then the overall Development design shall include provisions for such smaller buildings. The placement and orientation of all buildings must facilitate appropriate land use transitions and appropriate traffic flow to adjoining streets, neighboring commercial areas, and neighborhoods. The overall Development design shall comply with the community character objectives as described in the City’s Master Plan.

(h) Building Materials. Exterior building materials shall comply with the provisions of Section 30-19B of this Chapter.

(I) Building Design. The building exterior shall complement other buildings in the vicinity, and shall be

of a design determined appropriate by the Planning Commission.

(j) Building facades: Building facades shall include a repeating pattern that includes no less than three (3) of the following elements: (I) color change, (ii) texture change, (iii) material modular change, (iv) expression of architectural or structural bay through a change in plane no less than twenty four (24") inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30') feet, either horizontally or vertically.

(k) Landscaping Commercial Planned Development. In addition to compliance with the general landscaping requirements of Section 30-16 of this Chapter, on-site landscaping shall be provided and maintained according to the following landscaping requirements:

(i) Building foundation landscaping is required for all building frontages in order to provide visual breaks in the mass of the building. The foundation landscaping shall be placed along thirty (30) percent of the building’s total perimeter, predominately near and along customer facades and entrances facing public streets. One (1) ornamental tree six to seven (6-7) feet at planting or one and one-quarter (1¼) inch caliper, and four (4) shrubs at a minimum height of eighteen (18”) inches tall shall be planted for every thirty (30') linear feet of building foundation planter area or as approved by the Planning Commission.

(ii) One (1) shade tree at a minimum of two (2.0”) one and one-half (1½) inch caliper shall be planted at fifty (50) feet centers along, and within ten (10) feet of, all public and private streets and drives, including parking lot connections and circulation drives, and loading areas. The tree plantings shall be planted in tree wells along the circulation drives adjacent to the sides of the store that face a public or private street, along both sides of internal drives, and along the outside edge of loading areas. Arrangement of trees in clusters or groupings is encouraged, but in no case shall trees be more than fifty (50') feet apart.

Credit toward required trees may be obtained for existing trees which measure a minimum of eight (8") inches in diameter at breast height (DBH) that are preserved within the parking lot area or within fifteen (15') feet of and on the same parcel as the parking lot area. Each eight (8") inches or fraction thereof of DBH of any healthy existing tree that is

CHAPTER 30 ZONING

(2017) 30-75

preserved may be deemed equivalent to one (1) required tree. Up to fifty (50%) percent of the required trees of this Subsection may be satisfied by preserving existing trees which meet the standards of this Subsection.

Landmark tree means any tree of twenty-four (24") inch DBH or greater and that has a health and condition standard factor of over fifty (50%) percent (based on the standards established by the International Society of Arboriculture whose standards consider the soundness of the trunk, the growth rate, the structure of the tree, the presence of insects or disease, the crown development, and the life expectancy) shall be specifically noted on the site plan. The definition of a landmark tree does not include any tree identified as an invasive species.

(iii) One (1) shade tree at a minimum of one and one-half (1½) inch caliper shall be planted on each parking lot peninsula and island.

(iv) All landscaped areas shall be at least ten (10) feet wide in their smallest dimension, except that tree wells may be a minimum of thirty-six (36) square feet.

(v) For a Development with a primary building exceeding forty-five thousand (45,000) square feet in total gross floor area, and where the CPD abuts an area zoned or planned for residential, institutional, or office use, a minimum six (6) foot high berm, with a slope not to exceed one (1') foot rise in three (3') feet horizontal and a flat top of at least two (2') feet across, shall be provided. Berms shall have a flat or gently rounded top. The Planning Commission may require berms for Developments having less than forty-five (45,000) thousand square feet depending on the scope and location of the CPD. The berm shall be planted with a double row of white, green or blue spruce plantings, or similar species and varieties approved by the City, spaced fifteen (15) feet on center as appropriate.

(l) Building Entrances. Building entryways open to the public shall be clearly defined and highly visible on the building’s exterior design, and shall be emphasized by on-site traffic flow patterns. Two (2) or more of the following design features shall be incorporated into all building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details. Where additional stores will be located in the principal building, each such store shall have at least one (1) exterior customer entrance that shall conform to the above requirements.

(m) Building Color. The Planning Commission shall determine compatible and appropriate colors of building facades, building trim, and architectural accent elements.

(n) Traffic Impact. Required for buildings over sixty thousand (60,000) square feet:

(i) All Commercial Planned Developments shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Planning Commission.

(ii) Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.

(iii) The site design shall provide direct connections to adjacent land uses if required by the City. The applicant shall provide adequate funding to the City to hire a traffic engineer of the City’s choice to prepare a Traffic Impact Analysis following Michigan Department of Transportation guidelines. The Traffic Impact Analysis shall consider the parking lot one hundred (100%) percent full for the potential traffic congestion analysis. When the traffic engineer retained by the City reports that proposed project may cause off-site public roads, intersections, or interchanges to be significantly congested, the City may deny the application, require a size reduction in the proposed Development, or require that the developer construct and/or pay for required off-site improvements.

(o) Screening.

(i) All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.

(ii) All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs so as to not be visible from public streets adjacent or within one thousand (1,000) feet of the Development. Fences or similar rooftop screening devices may not be used to meet this requirement.

(iii) Loading docks shall be completely screened from adjoining public streets and properties. The screening may be accomplished through loading areas internal to buildings, screen

CHAPTER 30 ZONING

(2017) 30-76

walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.

(iv) Gates and fencing may be used for security and access, but generally not for screening, specific exceptions may be decided upon by the Planning Commission and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Decorative, heavy duty wood gates may be used.

(p) Parking Lot Design.

(i) This Subsection applies to parking lots, regardless of the size of the primary building of the Development, in which the number of parking spaces exceeds one hundred and twenty (120) or more parking spaces in a single or double line.

(ii) The minimum size of interior parking lot landscaping shall be based on the total number of proposed off-street parking spaces: a minimum of one thousand four hundred (1,400) square feet of interior landscaped islands shall be provided for the first 120 parking spaces plus an additional 20 square feet for each parking space over 120.

(iii) Parking lot design shall employ interior landscaped islands at all parking aisle ends. In addition, parking lot shall include landscaped islands within each parking aisle spaced at intervals no greater than one island per every row of twenty (20) contiguous parking spaces in that aisle which serve to break up the expanse of pavement. Each required landscaped island shall be a minimum of three hundred sixty (360) square feet with a minimum dimension of ten (10) feet in any direction and contain at least one (1) shade tree and grass, ground cover or mulch. Stone or aggregate shall not be accepted to meet this requirement. Landscape areas within the corners of the parking lot may be counted as an island if at least one (1) shade tree is located within the corner area.

(iv) Landscaped islands in and adjacent to parking lot shall be protected by curbs or wheel chocks pursuant to Section 30-17,(D),(6),(l). Alternative barrier designs which provide improved infiltration or storage of storm water are encouraged and may be allowed pursuant to Planning Commission approval.

(q) Bicycle and Pedestrian Facilities: for Facilities Requiring more than Seventy-Five (75) Parking Spaces.

(i) The entire Development shall provide for safe pedestrian and bicycle access to all uses within the Development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.

(ii) Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be ten (10') feet; and the minimum width for sidewalks elsewhere in the Development shall be five (5') feet. Sidewalks with the sidewalk area of public streets adjoining the Development shall be constructed and maintained as provided in Chapter 20 of this Code.

(iii) Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least fifty (50%) percent of their length. The landscape shall match the landscaping used for the street frontages.

(iv) Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.

(v) The Development shall provide secure, integrated bicycle parking at a rate of one (1) bicycle rack space for every twenty-five (25) vehicle parking spaces.

(vi) The Development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every twenty thousand (20,000) square feet of gross floor area.

(vii) If the Development has six (6) or more rows of parking spaces in its parking lot, there shall be pedestrian walkway or isle between every third row.

( r) Cart Returns. A minimum number of cart return areas and the minimum square footage of each such area shall be determined by the Planning Commission during its site plan review. Cart corrals shall be of durable, non-rusting, all season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. Established cart returns shall not be removed without the prior written approval of the City.

(s) For Buildings over 45,000 Square Feet.

CHAPTER 30 ZONING

(2017) 30-77

(i) If the primary building in the Development has an area of more than forty-five thousand (45,000) square feet, the building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building;

(ii) A minimum of twenty (20%) percent of all of the combined linear roof eave or parapet lines of the building shall employ differences in height, with such differences being six (6') feet or more as measured eave to eave or parapet to parapet as otherwise approved by the Planning Commission. A minimum of twenty (20%) of the building’s facades visible from a public street shall employ actual protrusions or recesses with a depth of at least six (6’) feet. No uninterrupted façade shall extend more than one hundred (100’) feet; and

(iii) Roofs with particular slopes may be required complement existing buildings or otherwise establish a particular aesthetic objective.

(t) Municipal Water and Sewer. All uses in the Commercial Planned Development must be connected to municipal water and sewer lines.

(u) Underground wire and Cable. All telephone, electric, television and similar services distributed by wire and cable shall be placed underground.

(v) Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten (10') feet. Display areas on building aprons must maintain a minimum walkway width of ten (10') feet between the display items and any vehicle drives.

(w) Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of service vehicles, snow removal equipment, snow storage areas, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Outdoor storage uses and areas shall be appropriately screened using techniques as approved by the Planning Commission. The provisions of this subparagraph shall be subject to exception by the Planning Commission during site plan review for good cause demonstration by the applicant. No storage of snow removal equipment is allowed on parking lots.

(x) Lighting. On-site exterior lighting shall meet all the standards of Section 30-19A of this Chapter, except that in addition:

(i) At a minimum, as measured over ambient lighting conditions on a clear night, exterior lighting shall not exceed more than five tenths (0.5) foot-candles above ambient levels along all property lines, and shall not exceed an average illumination level of three (3.0) foot candles nor provide below a minimum of nine tenths (0.9) foot-candles in public parking and pedestrian areas.

(ii) The color and design of pole lighting standards shall be compatible with the building and the City’s public lighting in the area, and shall be uniform throughout the entire Development site. The maximum height for all poles shall be twenty-five (25) feet.

(y) Signage. All exterior signage within the Development shall comply with the provisions of Section 30-19 of this Chapter.

(z) Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties, and shall comply with applicable City noise requirements.

(i) Natural Resources Protection. Each Development shall meet all Erosion Control and Storm water Management Standards. In addition, post development runoff rates shall not exceed pre-settlement rates. Maintenance of any storm water detention or conveyance features are solely borne by the developer/owner unless dedicated and accepted by the City. During site plan review, the Planning Commission shall determine if existing nature feature may be integrated into the site design as a site and community amenity.

(ii) Policy on Vacation of Existing Sites. Where such a building is proposed as a replacement location for a business already located within the City, the City shall prohibit any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease unless specifically approved by resolution of the City Commission.

(iii) Developer’s Agreement. The Developer shall enter into a Development Agreement with the City, which shall include the payment of all utilities including but not limited to storm water, sanitary sewer, and street infrastructure, and the commitment to adhere to the policy on vacation of existing sites as stated above. Off-site improvements may also be

CHAPTER 30 ZONING

(2017) 30-78

required.

(iv) Outlots. All buildings on outlots shall be of architectural quality comparable to the primary building of the Development as determined by the Planning Commission.

(18) On-Site Wind Energy Conversion Systems. An on-site wind energy conversion system (WECS) may be permitted as a special exception use provided that:

(a) Maximum Height. An on-site WECS shall have a maximum height of one-hundred forty (140) feet, measured from the base of the system to the top of the blade in its vertical position.

(b) Property Setbacks. The distance between an on-site WECS tower and any property line shall be not less than the height of the tower including the top of the blade in its vertical position.

(c) Location. If located on the same zoning lot with another permitted use, an on-site WECS shall only be allowed within the rear yard.

(d) Sound Pressure Level Standards. An on-site WECS shall not exceed fifty-five (55) dBA at the property line closest to the on-site WECS. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds fifty-five (55) dBA, the standard shall be ambient dBA plus five (5) dBA.

(e) Construction Codes and Interconnection Standards.

(i) An on-site WECS shall comply with all applicable state construction and electrical codes and local building permit requirements.

(ii) An on-site WECS shall comply with Federal Aviation Administration (FAA) requirements; the Michigan Airport Zoning Act (PA 23 of 1950); the Michigan Tall Structures Act (PA 259 of 1959); and any other State or Federal regulations.

(iii) An interconnected on-site WECS shall comply with Michigan Public Service Commission and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.

(f) Safety Standards.

(i) An on-site WECS shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over-speeding.

(ii) An on-site WECS shall be equipped with lightning protection.

(iii) The minimum vertical blade tip clearance from grade shall be twenty (20) feet for an on-site WECS employing a horizontal axis rotor.

(iv) All on-site WECS towers must be unclimbable by design or protected by anti-climbing measures such as fences.

(g) Visual Impact.

(i) No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. However, appropriate warning signs and owner identification may be allowed on buildings or other structures associated with an on-site WECS.

(ii) An on-site WECS tower shall be a monopole or monotube construction. Guy wires shall not be permitted as part of the on-site WECS.

(iii) An on-site WECS shall be finished in a single, non-obtrusive, non-reflective matte color.

(h) Illumination. No illumination of the turbine or tower shall be allowed unless required by the FAA.

(i) Abandonment. An on-site WECS that has not been operated for a continuous period exceeding six (6) months shall be considered abandoned. The on-site WECS tower and all related facilities shall be removed by the property owner or lessee within six (6) months of being notified by the City of such abandonment. Failure to remove the WECS tower and all related facilities within six (6) months shall be grounds to remove the WECS at the owner’s expense.

(j) Site Plan Required. Plans and specifications for an on-site wind energy conversion system shall be submitted to the Planning Commission in accordance with Section 30-36 and shall include the following:

(i) Plans showing the location of proposed turbine towers, underground and overhead wiring, access roads, and all new infrastructure above ground related to the project.

(ii) Standard drawings of the wind turbine structure and stamped engineered drawings of the

CHAPTER 30 ZONING

(2017) 30-79

tower, base, footings, and/or foundation as provided by the manufacturer.

(iii) Line drawings of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to applicable electrical codes.

(iv) Certifications that the applicant has complied or will comply with all applicable Local, State and Federal laws and regulations.

(19) Sexually Oriented Businesses.

(a) Licensing and Use Regulations. Such use shall comply with the sexually oriented business licensing and use regulations as outlined in Chapter 5 of the Three Rivers Code of Ordinances, as amended.

(b) Site Location.

(i) Sexually oriented businesses are prohibited from locating within one thousand five hundred (1,500) feet of a: residential zoning district, existing residential dwelling or use, religious institution or place of worship, school, library, public park or playground, non-commercial assembly hall, public office building, arcade, or licensed day care facility as defined in the Child Care Organizations Act (P.A. 116 of 1973, as amended). Measurement shall be made from the outer most boundaries of the lot or parcel upon which the proposed sexually oriented business will be situated.

(ii) A sexually oriented businesses shall not be permitted within a one thousand (1,000) foot radius of an existing sexually oriented business. Measurement shall be made from the outer most boundaries of the lot or parcel upon which the proposed sexually oriented will be situated.

(c) Site Development Requirements.

(i) The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

(ii) Windows, displays, signs, and decorative structural elements of buildings shall not include or convey examples of a sexual nature. All such displays and signs shall be in conformance with this Chapter.

(iii) All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semipublic area as determined by the Planning Commission.

(iv) No loud speakers or sound equipment shall be permitted to project sound outside of the sexually oriented business.

(v) A sexually oriented business shall clearly post notification at the entrance to the business, or any portion of the business utilized for adult only use, that minors are excluded.

(vi) A sexually oriented business shall be located in a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

(d) Conditions and Limitations. Prior to the granting of any permit herein provided, the City Commission may impose any such conditions or limitations upon the location, construction, maintenance or operation of the sexually oriented business, as may in its judgment, be necessary for the protection of the public interest. Failure to follow such limitation or condition will act to immediately terminate any permit or license issued.

(e) Limit on Re-application. No application for an adult only business that has been denied wholly or in part shall be resubmitted for a period of three hundred sixty-five (365) calendar days from the date of the order of denial, except on the grounds of new evidence not previously considered or proof of a change in conditions from the original request.

(20) Donation Boxes. Donation Boxes shall be recognized as a special exception use in Business Zoning Districts. The Following requirements shall apply in addition to all other applicable requirements of the City Code.

(a) It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any donation box within the City of Three Rivers, without having first secured a permit and donation box decal in compliance with the provisions of Chapter 30 of this Code.

(b) Any donation box located within the jurisdiction of the City that does not have a current, valid permit shall be subject to impoundment by the City. Any donation box impounded by the City shall

CHAPTER 30 ZONING

(2017) 30-80

be released to the owner upon securing a permit, and the payment of impound fees and daily storage fee for each day in City possession after impound.

(c) It shall be unlawful for any person or entity that owns, leases, or is entitled to possession of real property within the City, to authorize or allow any donation box to be placed on or remain on such real property without a valid permit obtained in compliance with the provisions of this Chapter.

(e) Permit Requirements 1. A permit to allow a donation box as an accessory use in a business district shall be issued by the

City provided the following conditions are satisfied: (i) The entity receiving a permit to place or maintain a donation box is registered to

operate in the State of Michigan as a non-profit corporation in good standing with its principal place of business located in St. Joseph County, Michigan, and provide proof that it is a 501(c)(3) organization under the provisions of federal Internal Revenue Code.

(ii) The property owner provides written authorization allowing the donation box on the property.

(iii) The permit holder shall be responsible to collect the contents of the donation box to prevent overflow.

(iv) The visual and structural integrity of the donation box must be maintained continuously.

(v) The placement of the donation box shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street.

(vi) The donation box shall not be located in a required building setback, buffer yard, access easement, drainage easement, floodplain, driveway, utility easement or fire lane.

(vii) A minimum of one (I) parking space per donation box shall be required on-site. (viii) Occupation of any parking spaces by the donation box shall not reduce any

required parking spaces for the principal use on a lot. (ix) The permit holder placing or maintaining the donation box shall display current

contact information including street address and telephone number on the donation box. This information must be readable and clearly visible to the public.

(x) The current permit decal for the specific donation box must be affixed and displayed at all times on the outside of the donation box.

(xi) All signage shall comply with Section 30-19 of this Chapter. For the purposes of on-premises signs, signage visible of the donation box shall be considered an attached sign.

(xii) The donation box may only be used as a collection container for clothing, household items or other salvageable personal property. All donation materials must fit into and be placed inside the donation box. The collection or storage of any materials outside the donation box is prohibited.

(xiii) The donation box shall be located at least 200 feet away from any residential dwelling.

(xiv) The number of donation boxes allowed for each property by a permit holder shall not exceed two (2).

(xv) The size of each donation box shall not exceed four (4) cubic yards.

(xvi) Each donation box must have an attached sign indicating that all donations must fit into and be placed inside the donation box.

(xvii) A separate permit and application shall be required for each donation box regardless of the ownership thereof. Permits issued under the provisions of this Chapter shall be valid only at the address stated in the permit.

(xviii) The annual permit fee for a donation box shall be as provided in Chapter 6 of the City Code pertaining to User Fees and Service Charges. All permits shall expire on December 31st of each calendar year regardless of the date of issuance, provided however that the fee for each permit shall be prorated on a monthly basis.

CHAPTER 30 ZONING

(2017) 30-81

(xix) Any applicant denied a permit shall have the right to appeal such action. In such case the procedure shall be the same as in revocation.

2. Transfer of Permit Prohibited. No permit issued under the provisions of this Chapter is transferrable and the authority a permit confers shall be conferred only on the permit holder named therein.

3. Revocation of Permit.

(I) Grounds. Any permit issued hereunder shall be revoked by the City if the permit holder is in violation of any of the provisions of the City Code or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of the City Code.

(ii) Notice. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service of such notice upon the permit holder or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing.

(iii) Appeal; Hearing. The permit holder shall have ten (10) days from the date of such revocation in which to file notice with the City Clerk of their appeal from the order revoking such permit. The City Manager shall provide for a hearing on the appeal not later than 15 days after the notice of appeal is filed. After holding a hearing on such revocation, the City Manager shall either sustain the revocation of the permit or issue an order reinstating the permit. The decision of the City Manager may be appealed by the permit holder to the Circuit Court for the County of St. Joseph, Michigan.

(iv) In the event of the filing of an appeal from a revocation issued under the provisions of this Chapter, then until such appeal has been finalized such revocation order shall be stayed.

(v) In the event the permit is finally revoked as provided herein, the entity, firm or organization placing or maintaining the donation box shall remove such donation box from the property not later than 10 days after such final decision.

4. Maintenance and Upkeep. The permit holder and the property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation box and clean up and removal of any donations left on the property outside of the donation box. The City shall have the authority to abate any violation of this Chapter that is deemed a public nuisance under the procedures contained in Chapter 4 of the City Code.

5. Offense/Penalty.

(I) A violation of this Section is a municipal civil infraction as prescribed in Chapter 9 of this Code.

(21) Light Industrial Uses. Light industrial uses including wholesale and retail trade of large volume, bulk commercial storage and warehousing, and light industrial development under the following conditions:

(a) Use Limitations. Uses shall be limited to those which can comparably exist adjacent to commercial and lower intensity users.

(b) Nuisance Prohibited. Industrial uses shall be conducted so as to not create a nuisance or negatively impact adjacent properties by reason of noise, odors, smoke, fumes, vibration or any other reason or condition.

30-35 VARIANCES AND APPEALS.

(A) Purpose. The purpose of this Section is to provide for: (a) an appeal process when it is alleged that there is an error in any order, requirement, decision, or determination by an administrative officer, board or commission in the enforcement of this Chapter; (b) variances from the literal provisions of this Chapter in instances where strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration; and (c) the granting of variances only when it is demonstrated that a variance will be in keeping with the spirit and intent of the Chapter.

(B) Creation and Membership.

(1) A Zoning Board of Appeals is hereby established which shall consist of seven (7) members to be appointed by the City Commission each for a term of three (3) years. One member of the Planning Commission and one member of the City Commission may be a member of the Zoning Board of Appeals. Board appointments shall follow the requirements of Public Act 110 of 2006, as amended.

CHAPTER 30 ZONING

(2017) 30-82

(2) Terms of office shall be three (3) years except for those members who may serve from the Planning Commission or City Commission, whose terms shall be limited to the time they are members of those bodies.

(3) A successor shall be appointed not more than one (1) month after the term of the proceeding member has expired.

(4) Members of the Zoning Board of Appeals may be removed from office by the City Commission for cause upon written charges and after a public hearing.

(5) Vacancies shall be filled by the City Commission for the unexpired term of the member affected.

(C) Rules of Procedure.

(1) Rules and Regulations. The Board shall adopt rules and regulations necessary for the conduct of its affairs and in keeping with the provisions of this Chapter. Copies of the rules and regulations shall be made available to the public in the Office of the City Clerk.

(2) Meetings; Minutes of the Board. Meetings of the Board shall be held at times selected by the Board. The time and place of regular meetings shall be specified in the rules and regulations and all meetings shall be open to the public.

The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or if absent or failing to vote, indicating the fact. The Board shall keep a record of its determinations and other official actions which, together with the minutes of its meetings, shall be filed promptly in the Office of the City Clerk and shall be a public record.

(3) Hearings; Appeals; Notice. Appeals to the Board concerning interpretations or administration of this Chapter may be taken by any person aggrieved or by any officer or body of the City affected by any decision of the administrative official or body. Written requests for a hearing shall be filed with the City Clerk specifying the grounds for the appeal. Following the receipt of a written request, the Zoning Board of Appeals shall fix a reasonable time, not to exceed sixty (60) days, for the hearing of the request. The Zoning Administrator shall transmit to the Board all papers constituting the record which led to the administrative action.

(D) Powers and Duties of the Zoning Board of Appeals. The Board shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with the enforcement of this Chapter. Appeals with regard to Special Exception Uses and Planned Unit Development decisions may be taken to the Board only as provided in this Chapter.

The Zoning Board of Appeals shall have the following powers and duties:

(1) Administrative Review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official or body in the enforcement of this Chapter.

(2) Variances; Conditions Governing Applications, Procedures. To authorize upon appeal in specific cases a variance from the terms of this Chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Chapter would result in practical difficulty. A variance from the terms of this Chapter shall not be granted by the Board unless and until all the following steps are met:

(a) A written application for a variance is submitted to the City Clerk, together with the required fee, demonstrating all of the following:

(i) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

(ii) That literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter.

(iii) That the special conditions and circumstances do not result from the actions of the applicant;

(iv) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in the same zoning district.

(b) The public hearing shall be duly noticed in a newspaper circulated within the City, and by a similar notice to the applicant, persons to whom real property within three hundred (300') feet of the boundaries of the subject property is assessed, and to the occupants of all dwellings within three

CHAPTER 30 ZONING

(2017) 30-83

hundred (300') feet regardless of whether the property or structure is located within the City of Three Rivers. The notice shall be given not less than fifteen (15) days before the date of such hearing. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the addresses given on the last City assessment roll in the case of owners, or on the City's rental housing registration roll in the case of tenants. If a tenant's name is not known, the term "occupant" may be used. If the request does not involve a specific parcel of property, notice shall only be published in a newspaper circulated within the City and to the applicant within the time period noted above.

(c) A public hearing shall be held on the application for each variance. Any interested party may appear in person, by agent, or by attorney. Upon the day for hearing any application or appeal, the Board may adjourn the hearings in order to permit the obtaining of additional information, or to cause further notice, as the Board deems proper, to be served upon other property owners and occupants as the Board decides may be interested parties. In the case of an adjourned hearing, persons previously notified and persons already heard need not be noticed of the time of resumption of the adjourned hearing unless the Board so orders.

(d) No variance shall be granted unless the Board of Appeals shall find that the requirements of Section 30-35(D)(2)(a) of this Chapter have been met by the applicant for a variance.

(e) No variance shall be granted unless the Board of Appeals shall further make a finding that the reasons stated in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(f) Prior to granting a variance, the Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(g) No non-conforming use of the neighboring lands, structures, or buildings in the same zoning district, and no permitted or non-conforming use of lands, structures, or buildings in other zoning district shall be considered grounds for the issuance of a variance.

(h) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this Chapter and punishable under Section 1-5 of the City Code.

(3) Board has Powers of Administrative Official or Body on Appeals; Reversing Decision of Administrative Official or Body. In exercising its powers, the Board of Appeals may, so long as the Board's actions are in conformity with the terms of this Chapter, reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official or body from whom the appeal is taken.

(4) Use Variance Prohibited. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permitted under the terms of this Chapter in the zoning district involved, or any use, expressly or by implication, prohibited by the term of this Chapter in the zoning district involved.

(E) Decisions of the Board. The Board of Appeals shall decide all applications and appeals within thirty (30) days after its final hearing on the application or appeal. A copy of the Board's decision shall be transmitted to the applicant and the administrative official or body affected by the decision, and a third copy shall be filed with the City Clerk.

(F) Stay of Proceedings. An appeal to the Board of Appeals shall stay all proceedings in furthermore of the action appealed from unless the administrative official or body from whom the appeal is taken certifies to the Board, after the application of appeal is filed, that by reason of facts stated in the certificate a stay would in the opinion of the officer or body cause imminent peril to life or property; in which case, proceedings shall not be stayed without a restraining order which may be granted by the Board of Appeals or by the St. Joseph County Circuit Court.

(G) Any person having an interest affected by the provisions of this Chapter may appeal to Circuit Court, as provided by Public Act 110 of 2006, as amended.

30-36 SITE PLAN REVIEW. (A) Before any building permit shall be issued, the applicant or his or her agent shall submit to the City Clerk a site plan

which must show that the application complies in all respects with this Chapter. The site plan and exhibits shall be referred to the Planning Commission for approval, approval with conditions, or rejection. No building permit shall be issued until a site plan has been approved or approved with conditions by the Planning Commission.

The following buildings, structures, or uses shall be exempt from site plan review and procedure provided, however, that all other applicable provisions of the City Code are complied with:

CHAPTER 30 ZONING

(2017) 30-84

(1) Single or two-family homes under separate ownership of an individual and separate lot for each home.

(2) Interior accessory and subordinate buildings, and additional buildings or structures similar to those previously existing upon an individual site which require no new or additional means of access from adjoining public roads or highways, or required no new or additional City utility connections, or require no new or additional off-street parking.

(3) Projects involving the expansion, remodeling or enlargement of existing buildings which require no new or additional means of access from adjoining public roads or highways which require no new or additional City utility connections, or require no new or additional off-street parking.

(4) Uses, buildings and structures, and special exception uses which must meet their own review standards and procedural requirements under other provisions of this Chapter such as planned unit developments and mobile home parks.

(B) Every site plan submitted to the City shall be in accordance with the requirements of this Chapter.

(C) Any person may file a request for a site plan review by the City, provided the subject property is properly zoned for the intended use, by filing with the City Clerk the completed application upon approved forms together with the required fee at least three (3) weeks prior to a regular meeting of the Planning Commission. As an integral part of the application, the applicant shall file at least fifteen (15) copies of a site plan which shall conform to the following minimum requirements:

(1) The scale of the site plan shall be not less than one inch (1") equals fifty (50') feet if the subject property is less than three (3) acres and one inch (1") equals one hundred (100') feet if three (3) acres or more, and of such accuracy that the plan can be readily interpreted.

(2) The property shall be identified by lot lines and locations including dimensions, angles or bearing and area correlated with the legal description of the property. The site plan shall be designed and prepared by a recognized land planner, registered architect, registered landscape architect, registered professional engineer, or registered land surveyor. The plan shall further include the name and address of property owners, developers, and designers.

(3) The site plan shall show the scale, north-point, boundary lines and all existing natural features including woodlots, streams, rivers, lakes drains and similar features.

(4) The site plan shall show existing man-made features including buildings, structures, high tension towers, pipe lines, existing utilities, excavations, bridges, culverts, drains and easements and shall identify adjacent properties and their existing uses.

(5) The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, their relation to one another and to any existing structures on the site, the height of all buildings and the percentage of lot coverage of all main buildings. In the case of multiple-family developments, the site plan shall include a density schedule showing the number of dwelling units per acre, including a dwelling schedule showing the unit type and number of each unit type, and also a parking schedule showing parking spaces per dwelling unit.

(6) The site plan shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and without the site, the location, size and number of parking spaces in the off-street area, the identification of service lanes and service parking, the width, depth, type and curbing for all streets, parking lots, sidewalks and other paved surfaces, proposed pavement markings, traffic control signage, location of designated fire lanes and location of loading areas.

(7) The site plan shall show the proposed location, use and size of open spaces and the location, dimensions, construction materials, and cross-section of any proposed fences, walls, or berms on the site. Any proposed alterations to the topography and other natural features shall be indicated.

(8) The site plan shall show surface water drainage for the site, proposed sanitary sewage disposal, proposed water supply system, and proposed easements and rights-of-way. Volume usages should be included for the abovementioned utilities.

(9) The site plan shall include an exterior lighting plan with all existing and proposed lighting locations, heights from grade, specifications, lamp types and methods of shielding.

(10) The site plan shall show waste receptacle locations, transformer pad locations, and the locations of other ground level utility and mechanical equipment and proposed methods of screening.

(11) The site plan shall include building façade elevations, drawn to an appropriate scale and indicating type and color of building materials, roof design, projections, awnings, window openings, entrance features, doors, and any building-mounted mechanical equipment.

(12) The site plan shall include a landscape plan, including location, size, quantity and type of proposed shrubs,

CHAPTER 30 ZONING

(2017) 30-85

trees, ground cover and other live plant materials, the location, and size and type of any existing plant materials that will be preserved. The landscaping plan shall include a planting list for proposed landscape materials with quantity, caliper-size and height of material, botanical and common names, and method of installation. The landscaping plan shall also include a maintenance plan, to include notes regarding irrigation and replacement of dead or diseased plant materials.

(13) The site plan shall show existing and proposed topography at a minimum of two (2) foot contour levels, drainage patterns and a general description of grades within 100 feet of the site to indicate storm water runoff.

(14) The site plan shall include other information as requested by the Planning Commission to verify that the site and use are in accordance with the spirit and intent of this Ordinance, and the City’s Master Plan.

(15) The Planning Commission may waive any of the above required site plan information, when such concerns are obviously not pertinent to the proposed development.

(D) Upon receipt of the application and the plans, the following action will occur:

(1) The City Clerk shall record the date of the receipt of the application and site plan, and transmit all copies of the site plan to the Zoning Administrator. The Zoning Administrator shall review the site plan to ensure that the information requirements of this Section have been satisfied. A site plan considered incomplete by the Zoning Administrator shall be returned to the applicant. A complete site plan shall then be forwarded to the Planning Commission for review, and shall be distributed to other appropriate City officials and consultants for review.

(2) A hearing shall be scheduled at the next regular meeting of the Planning Commission for the review of the application and plans as well as the recommendations of the appropriate City officials. Members of the Planning Commission shall be delivered copies of the site plan prior to the hearing for their preliminary information and study.

(3) The applicant shall be notified of the date, time and place of the hearing on the application not less than three (3) days prior to the hearing date.

(4) Following the hearing, the Planning Commission shall approve, disapprove, modify or alter the proposed site plan in accordance with the purpose of the site plan review provisions of this Chapter and in compliance with the City Code. Any recommended modification or alteration shall be stated in writing, together with the reasons therefore. The Planning Commission may either recommend approval of the plans contingent upon the required alterations or modifications, if any, or may require a further review after the required alterations or modifications have been included in the proposed plans for the applicant.

(5) Upon approval, or approval with modifications or conditions, the approval together with the date thereof and the signature of the Zoning Administrator shall be placed on three (3) copies of the site plan with one (1) copy for each the applicant, Building Official and City Clerk.

(E) In reviewing the application and site plan and approving, disapproving, or modifying the same, the Planning Commission shall be governed by the following standards:

(1) There is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drive, entrance and exit driveways and parking areas to insure the safety and convenience of pedestrian and vehicular traffic.

(2) That the buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects therefrom upon owners and occupants of adjacent properties.

(3) That as many features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.

(4) That any adverse effects of the proposed development and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback and location of buildings, structures and entryway to the proposed development.

(5) That the layout of building and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood.

(6) That all provisions of this Chapter are complied with unless an appropriate variance therefrom has been granted by the Zoning Board of Appeals.

(F) The approval by the City of any site plan under this provision shall expire one (1) year after the date of the approval unless actual construction and development have been commenced in accordance with the approved site plan prior thereto.

If the construction and development are commenced within one (1) year period, then the approval shall continue for a

CHAPTER 30 ZONING

(2017) 30-86

period of five (5) years from the date of commencement of construction provided, however, that a lapse of more than one (1) year of continuous substantial construction and development does not occur, in which event, the approval shall expire. The Building Official shall not issue a building permit for any type of construction on the basis of the approved site plan after an approval has expired.

(G) Any substantial modification, revision or variation in the site plan submitted to the Building Official in conjunction with an application for a building permit from the site plan approved by the City shall be subject to a site plan review under the provisions of Section 30-36(C) and (D).

(H) The Building Official shall not issue a certificate of occupancy until it has been developed in accordance with the approved site plan.

(I) Performance Bond. The City may require the developer to file with the Building Official at the time of application for a building permit a performance bond or bank letter of credit in such amounts as may be determined by the City to insure the development of the site in accordance with the approved plans, conditioned upon such proper construction and development. The bond, if required, shall continue for the duration of the construction and development of the site and shall be in a face amount which is a reasonable percentage of the estimated total cost of construction and securing the completion of improvements considered necessary to protect natural resources or the health, safety and welfare of the residents of the City and adjacent residents and property owners. The City shall provide for the rebate of any cash bond filed in this connection in reasonable proportion to the ratio of the work completed on the improvement for which the bond was required.

(J) Application Fee Required. No application shall be considered by the City until the petitioner or applicant shall have paid the appropriate fee to the City Clerk, as set forth in Section 6-3 of Chapter 6 of this Code.

30-37 ADMINISTRATION AND ENFORCEMENT (A) Building Permits and Certificates of Zoning Compliance.

(1) Administration and Enforcement. The Zoning Administrator shall administer and enforce this Chapter and shall work in conjunction with the Building Official. If the Zoning Administrator shall find that any of the provisions of this Chapter are being violated, the Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of illegal work being done; or shall take any other action authorized by this Chapter to ensure compliance with or prevent violation of its provisions.

(2) Building Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Official. No building permit shall be approved except in conformity with the provisions of this Chapter as determined by the Zoning Administrator unless:

(a) The Zoning Administrator's decision is overturned by the Zoning Board of Appeals in the form of an administrative review or variance as provided by this Chapter; or

(b) The request for a permit conforms to special conditions as duly authorized under site plan review, planned unit development, or special exception uses as provided for in this Chapter.

(3) Application for Building Permit. Application for building permit shall be made to the Building Official. All applications for building permits shall be accompanied by plans in duplicate containing such information as, in the opinion of the Building Official and Zoning Administrator, may be required to determine conformance with the provisions of this Chapter. Information which may be required includes, but is not limited to: plans drawn to scale; actual dimensions and shape of the lot to be built upon; exact sizes and locations on the lot of buildings already existing; location and dimensions of the proposed building or alteration; existing or proposed use of building and land; number of residential units to be housed; location and description of fences, signs, or other structures or conditions existing on the lot.

(4) Certificates of Compliance for New, Altered, or Non-Conforming Structures and Uses. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, as provided for by a duly authorized building permit, until a certificate of occupancy shall have been issued by the Building Official.

Issuance of the certificate of occupancy shall indicate that the completed structure and proposed use conform to the requirements of this Chapter.

No non-conforming structure or use shall be changed or extended until a certificate of zoning compliance shall have been issued by the Zoning Administrator. The certificate of zoning compliance shall state specifically where the non-conforming use differs from the provisions of this Chapter.

(5) Penalty. Whoever violates any of the provisions of this Chapter shall be punished as prescribed in Chapter 1 of this Code.

CHAPTER 30 ZONING

(2017) 30-87

In addition, any improper or incorrect installation, operation, maintenance or use of a swimming pool shall also constitute a nuisance, and the City may abate the nuisance by means of court action.

(6) Fees. Application fees as may be required by this Chapter shall be set from time to time by Resolution of the City Commission.

CHAPTER 30 ZONING

(2017) 30-88

CHART 1 - PARKING LOT DIMENSIONS TABLE

OFF-STREET PARKING REQUIREMENTS 30-17 Angle of Parking Stall Width

Curb Length per Car Stall Depth Aisle Width

0° 8'6" 23'0" 8'6" 12'0" 9'0" 23'0" 9'0" 12'0" 9'6" 23'0" 9'6" 12'0" 10'0" 23'0" 10'0" 12'0"

20° 8'6" 24'11" 14'6" 11'0" 9'0" 26'4" 15'0" 11'0" 9'6" 27'10" 15'6" 11'0" 10'0" 29'3" 15'11" 11'0"

30° 8'6" 17'0" 16'11" 11'0" 9'0" 18'0" 17'4" 11'0" 9'6" 19'0" 17'10" 11'0" 10'0" 20'0" 18'3" 11'0"

40° 8'6" 13'3" 18'9" 12'0" 9'0" 14'0" 19'2" 12'0" 9'6" 14'10" 19'6" 12'0' 10'0" 15'8" 19'11" 12'0"

45° 8'6" 12'0" 19'5" 13'6" 9'0" 12'9" 19'10" 13'0" 9'6" 13'5" 20'2" 13'0" 10'0" 14'2" 20'6" 13'0"

50° 8'6" 11'2" 20'0" 12'6" 9'0" 11'9" 20'5" 12'0" 9'6" 12'5" 20'9" 12'0" 10'0" 13'2" 21'0" 12'0"

60° 8'6" 9'10" 20'9" 18'6" 9'0" 10'5" 21'0" 18'0" 9'6" 11'0" 21'3" 18'0" 10'0" 11'6" 21'6" 18'0"

70° 8'6" 9'0" 20'10" 19'6" 9'0" 9'8" 21'0" 19'0" 9'6" 10'2" 21'3" 18'6" 10'0" 10'8" 21'3" 18'0"

80° 8'6" 8'8" 20'3" 24'0" 9'0" 9'2" 20'4" 24'0" 9'6" 9'8" 20'5" 24'0" 10'0" 10'3" 20'6" 24'0"

90° 8'6" 8'6" 20'0" 24'0" 9'0" 9'0" 20'0" 24'0" 9'6" 9'6" 20'0" 22'0" 10'0" 10'0" 20'0" 22'0"

This table pertains to a wall to wall situation. In calculating dimensions, two feet (2') may be subtracted from each stall

depth for each overhang and overlap. No subtraction for overlap is allowed for angles greater than sixty degrees

(60°). Also refer to corresponding diagram in Chart 2.

CHAPTER 30 ZONING

(2017) 30-89

CHART 2 - DIAGRAM OF PARKING LOT DIMENSIONS OFF-STREET PARKING REQUIREMENTS 30-17

This diagram pertains to a wall to wall situation. In calculating dimensions, two feet (2') may be subtracted from each

stall depth for each overhang and overlap. No subtraction for overlap is allowed for angles greater than sixty degrees

(60°). Refer to corresponding table in Chart 1.

a - Curb length per car e - Aisle width

b - Stall width f - Stall length

c - Angle of parking g - Overlap

d - Stall depth h - Overhang

CHAPTER 30 ZONING

(2017) 30-90

CHART 3 - SCHEDULE OF REGULATIONS 30-20 SCHEDULE LIMITING HEIGHT, BULK, DENSITY & AREA BY ZONING DISTRICT

Minimum Lot Size: Maximum Minimum Yard Setback: MinimumArea Per Unit Height: Front / Side / Rear Floor Area

General Uses Width / Depth (Stories / Feet) (Feet) Per UnitZoning District Permitted (Sq. Ft. / Ft. / Ft.) (8) (1), (2), (3), (9) (Sq. Ft.)

R1 Single Family Residential Single Family 12,000 x 80 x 120 2 1/2 / 30 30 x 10 x 25 1,200

R2 Single Family Residential Single Family 8,400 x 60 x 110 2 1/2 / 30 30 x 10 x 25 850

R3 Single Family Residential Single Family 6,250 x 60 x 100 2 1/2 / 30 25 x 10 x 25 850and Two Family Residential Two Family 4,200 x 75 x 100 2 1/2 / 30 25 x 10 x 25 850

R4 Medium Density Residential Single Family 6,250 x 60 x 100 2 1/2 / 30 25 x 10 x 25 850Two Family 4,200 x 75 x 100 2 1/2 / 30 30 x 10 x 25 450Multi Family 4,200 x 100 x 100 3 / 36 35 x 15 x 25 450

R5 High Density Residential Multi Family 3,000 x 100 x 120 4 / 48 35 x 20 x 25 450

R-MH Mobile Home See District Requirements at Section 30-26

B-1 Neighborhood Business Business 8,400 x 60 x 110 2 1/2 / 30 30 x 10 (4) x 25 850

B-2 General Business Business Office None x 60 x None 3 / 36 30 x 10 (4) x 25 None

B-3 Central Business Business Office None x None x None 4 / 48 None (7) x None (4) x None (4) None

I-1 Light Industry Industry 20,000 x 100 x None 4 / 48 30 x 10 (5) x 20 (5) None

I-2 General Industry Industry 20,000 x 100 x None 4 / 48 30 x 10 (6) x 20 (6) None

I-3 Industrial Park See District Requirements at Section 30-32

I-4 Airport Industrial Park See District Requirements at Section 30-32A

A Airport Airport Related 20,000 x 100 x None 4 / 48 30 x 10 (6) x 20 (6) None

Notes to Schedule of Regulations.

(1) Where properties of different zone districts are contiguous, and one (1) or both of the properties is in a residential district, the minimum yard setbacks of the higher residential district shall apply to the other property unless the minimum requirements of the abutting property are more stringent, or unless otherwise provided by this Chapter.

(2) Where front yards of two (2) or more principal structures in any block (in the case of platted lots) or within three-hundred (300') feet (in the case of unplatted lots) in existence prior to August 22, 1983, within the district zoned and on the same side of the street are less than the minimum front yards required herein, then any building subsequently erected within said block or three hundred (300') feet shall not be less and need not be greater than the average depth of the front yards of the existing structures.

(3) All exterior side yards abutting a street shall be provided with a setback equal to the front yard setback requirements of the district in which located and all regulations applicable to a front yard shall apply. However, in a residential District when two rear yards abut each other at a block end, the exterior side yard setback may be equal to the minimum side yard setback of the District.

(4) Where a B-1, B-2 or B-3 Business District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty (20') feet.

(5) Where an I-1 Industrial District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of twenty-five (25') feet.

(6) Where an I-2 Industrial District or An Airport District is contiguous to any residential district, any contiguous side or rear yard shall be a minimum of thirty-five (35) feet.

CHAPTER 30 ZONING

(2017) 30-91

(7) No building shall be located within twenty (20') feet of any front lot line located across the street from any residential district.

(8) The following uses are excepted from height requirements:

(a) Parapet walls not exceeding four (4') feet in height, chimneys, communication towers, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, penthouses, stacks, stage towers or scenery lofts, flour tanks, water towers, ornamental towers, monuments, cupolas, domes and spires, necessary mechanical appurtenances, or additions to existing buildings which prior to August 22, 1983, exceeded the height limitations of the zoning district up to the height of the existing building.

(9) Yard Requirements.

(a) No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.

(b) The following shall not be considered as encroachments on required yard setbacks for all lots:

(i) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like provided they do not project more than two (2') feet into a required yard.

(ii) An enclosed entrance for a detached single family, two family or town house dwelling may extend into the front yard setback not more than four (4') feet.

(iii) Terraces, steps, wheelchair ramps, uncovered porches, stoops, landings or similar features.

(iv) Laundry drying and recreational equipment, arbors, trellises, air conditioning or heating equipment in side or rear yards to a point no closer than five (5') feet from any lot line.

(v) One (1) detached accessory building not exceeding eight (8') feet in height, nor one-hundred (100) square feet in area in the rear yard to a point no closer than five (5') feet from any lot line.

CHAPTER 30 ZONING

(2017) 30-92

CHART 4 - ECONOMIC AND FISCAL ANALYSIS

(City of Three Rivers Zoning Ordinance Reference: 30-34) ECONOMIC AND FISCAL ANALYSIS STATEMENT PERTAINING TO LARGE RETAIL AND COMMERCIAL PLANNED DEVELOPMENT (“CPD”) WITH BUILDINGS OVER 60,000 SQUARE FEET. The Impact Statement shall include the following elements: (1) Identification and assessment of the impacts of proposed project, including positive, negative, and indirect impacts. (2) Proposed measures to mitigate adverse impacts and/or maximize positive impacts including provision of infrastructure or public services improvements sufficient to support the project. Any adverse impacts that cannot be mitigated shall be identified. Mitigation measures to be implemented by the applicant shall be identified. (3) The Impact Statement shall assess the following areas of potential impact: (a) For the project, estimate the following using the table format below. (I) Types of jobs to be created

(ii) Number of full-time (40 hrs/wk) and part time (less than 40 hrs/wk) jobs created (iii) Type of Jobs Number of Number of Other Full-Time Positions Part-Time Information (40+hrs/wk) Positions (4) Estimate the amount of local labor to be used in the construction of the CPD and in employment. Local is defined as residents or businesses located within the boundaries of the Three Rivers Community School District. (5) Evaluate the market and financial feasibility of the project. Include a Trade Area analysis indicating the market proposed for the CPD and the area from which patrons will be attracted, and any plans for phased construction. Include any further market studies prepared for the CPD by the applicant. (6) Evaluate if the proposed CPD creates an over-supply of retail space in the City and adjoining Townships, i.e. more than one acre of commercial land for every one hundred fifty (150) residents. (7) Evaluate the impact of the proposed CPD on commercial vacancy rates in the City and adjoining Townships. (8) Estimate to what extent the proposed project would reduce the diversity of the City’s economic base by eliminating smaller businesses. (9) Compare and evaluate the projected costs and benefits to the community resulting from the CPD including:

(a) projected costs arising from increased demand for and required improvements to public services and infrastructure,

(b) value of improvements to public services and infrastructure to be provided by the CPD,

(c) projected tax revenues to the City to be generated by the CPD,

(d) projected impact of the CPD on land values (both residential and commercial) and potential loss or increase

in tax revenues to the City,

(e) short-term and long term projection of increased revenues to the City, and costs resulting from the proposed CPD,

(f) estimate the difference between how much of the revenue generated by the

proposed CPD will be retained and re-directed back into the economy of the City compared to other chain stores and locally-owned, independent retailers in the City.

(g) estimate to what extent the proposed CPD would preclude higher value development on the site.

CHAPTER 30 ZONING

(2017) 30-93

CHART 5 - PLAN REVIEW AND APPROVAL (City of Three Rivers Zoning Ordinance Reference:30-36)

A. STANDARDS FOR REVIEW OF CONCEPTUAL PLAN: In making their respective determinations, the Planning

Commission and the commission shall consider the following standards and objectives in reviewing the conceptual plan for a Commercial Planned Development (“CPD”):

1. The buildings and structures are of a size and location which achieve economy and efficiency in the use of the

land, natural resources and energy, and in the providing of public services and utilities. 2. The buildings and structures are compatible with and mutually supportive of each other. 3. The buildings and structures are of a unified architectural and structural character 4. The plan incorporates techniques which encourage innovation in land use and variety in design size, layout and

type of buildings and structures constructed. The plan incorporates useful open space in an appropriate amount and location.

5. The landscaping is of a common unifying theme which provides integration of the sites within the CPD. 6. The common drives, parking areas and service areas are designed and sized in a definite relationship to the

types and sizes of uses to be located in the CPD. The CPD provides an attractive, comfortable and convenient environment for patrons and others who desire to use the CPD.

7. It is designed and will be constructed in such a way as to be compatible with the environment and with neighboring uses, especially residential areas,

8. The transitions between the various sites and structures within the development are of a type, nature and size which enhance the ease and safety of vehicular and pedestrian traffic flow and are also consistent with the character of the CPD.

9. The public services and facilities affected by the conceptual plan are capable of accommodating the increased service and facility loads caused by the CPD.

10. The conceptual plan considers the natural environment and conserves natural resources and energy.

B. PLAN REVIEW PROCEDURE: A Commercial Planned Development shall be permitted subject to an approved unified form of land development plan (conceptual plan) and an approved site plan (specific plan) as follows:

1. Conceptual Plan required; Contents: Prior to development of a CPD, the owner or developer of the tract of land

to be developed shall submit a conceptual plan to the Zoning Administrator. 2. Staff Review: This conceptual plan shall be reviewed by City Staff to ensure that it is in compliance with the

requirements of a CPD as well as the overall intent of a CPD as set forth in Chapter 5 of this Code. 3. Informal Meeting: The owner or developer may request an informal meeting with the Zoning Administrator to

investigate the procedures, standards and objectives of a Commercial Planned Development. 4. Content of Conceptual Plan:

a. A statement of purpose and objectives b. A general plan of CPD, including the proposed uses by relative intensity and proportion of land use area

intended for each use. c. A map or maps containing the date and north arrow, to be drawn at a minimum acceptable scale of one (1")

inch equals one hundred (100') feet d. The name of the proposed CPD, legal description, and names and addresses of the landowner and

developer. e. All continuous holdings of the landowner, accompanied by an affidavit of ownership which includes the date

of acquisition and Liber and Page of the conveyance as recorded by the St. Joseph County Register of Deeds.

f. Property lines of adjacent tracts of land g. The location, width and names of existing streets, and public and private easements. h. The location of existing sewers, water mains, storm drains and other underground facilities within or

adjacent to the property. i. The topography drawn as contours with an interval of not more than two (2') feet. Elevations must be based

on United States Geological Survey data. j. The use, height and setbacks (location) of the buildings and other structures, including an elevation drawing

of each side of the building. k. A program of development outlining the proposed stages of the CPD, including the time schedule, and

screening, landscaping and buffering proposals.

CHAPTER 30 ZONING

(2017) 30-94

l. A statement demonstrating the independence of each development stage and the integration of the proposed CPD into the proposed or existing development pattern.

m. The location, function, ownership and manner of maintenance of common open space and the preliminary landscape proposal for the CPD.

n. The preliminary proposals for the distribution of water and the disposition of sanitary waste and storm water. o. The assessment of traffic issues and impacts, and provisions for parking vehicles, the location and width of

proposed streets and public ways, and the relationship of proposed streets and other public facilities in proximity to the proposed CPD.

p. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of land, buildings, and other structures, including proposed easements for public utilities.

q. An inventory of natural features and characteristics, including bodies of water, flood plains, wetlands, soils, groves of trees, and historical archeological and similar irreplaceable assets.

C. REVIEW BY PLANNING COMMISSION: A review of the conceptual plan and a public hearing on the conceptual plan pursuant to the requirements of this Chapter shall be conducted by the Planning Commission. The Planning Commission shall submit its recommendation to the City Commission.

D. ACTION BY CITY COMMISSION

1. After receipt of the Planning Commission recommendation, the commission shall hold a public hearing on the conceptual plan pursuant to the requirements of this Chapter.

2. The City Commission may make modifications to the conceptual plan which are deemed appropriate and consistent with the requirements and objectives stated in this Chapter.

3. The conceptual plan may be approved with conditions, modified or rejected by the City Commission.

E. EXPIRATION OF CONCEPTUAL PLAN: 1. If a specific plan is not received at the time required by an approved program of development or within one (1)

year after the approval of the conceptual plan, whichever is less, conceptual plan approval shall expire. 2. The Planning Commission may, after receipt of a written request from the developer before the expiration of the

time period, grant a one-year extension of the conceptual plan or modify the approved program of development. 3. If the conceptual plan expires or if modifications are needed, a plan must be resubmitted in the same manner as

provided for review and approval of the original conceptual plan.

F. AUTHORITY TO WAIVE OR MODIFY STANDARDS: The City Commission may waive or modify the standards and requirements of this Section for a conceptual plan based on evidence submitted by the developer that: 1. A requirement is inconsistent with the planned development as a whole; 2. The objectives of the standard or requirement can be satisfactorily met without strict adherence to it; 3. The waiver or modification will not be detrimental to the public welfare or injurious to other surrounding property; 4. Because of the particulars of the facilities proposed in the plan, it would be unreasonable to require strict

adherence.

G. SITE PLAN CONFORMANCE WITH CONCEPTUAL PLAN: Subsequent to approval of the conceptual plan, development of an individual lot or parcel in a CPD as a specific plan shall be permitted pursuant to an approved site plan, subject to the requirements specified in Site Plan Review. The specific plan shall be in substantial conformance with the approved conceptual plan.

H. TIME LIMIT FOR COMMENCING DEVELOPMENT: After a specific plan is approved pursuant to Site Plan Review,

the CPD shall commence within six (6) months of approval of the specific plan. If development is not begun within this time period, the specific plan must be resubmitted for approval in accordance with the requirements of Site Plan Review.

I. RESUBMISSION: If the specific plan expires or if modifications are needed, the plan must be resubmitted in the

same manner as provided for the review and approval of the original specific plan.