Municipal Code

CHAPTER 648 Littering

648.01 Definitions.
648.02 Depositing in streets, sidewalks, etc.; receptacles.
648.03 Sweeping litter into gutters, ditches, streets, etc.
648.04 Litter on occupied private property.
648.05 Owner and occupant to maintain premises free of litter.
648.06 Enforcement; declaration of nuisance; notice to abate.
648.07 Aiding or abetting.
648.99 Penalty; equitable remedies.

CROSS REFERENCES
Health and sanitation generally - see Mich. Const. Art. 4, 2151;
M.C.L.A. 325.1 et seq., 327.1 et seq.
Garbage and rubbish containers - see P. & Z. 1268.27

648.01 DEFINITIONS.
As used in this chapter, except where the context clearly indicates that another meaning is intended:
(a) "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
(b) "Litter" means garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(c) "Private premises" means any lot or parcel of land owned or occupied by any person, whether or not improved with any dwelling, house, building or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to any dwelling, house, building or other structure erected thereon.
(d) "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(e) "Refuse" means all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, junk and solid market and industrial wastes.
(f) "Rubbish" shall mean nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(Ord. 17. Passed 12-10-62.)

648.02 DEPOSITING IN STREETS, SIDEWALKS, ETC; RECEPTACLES.
(a) No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection, or in official Village dumps.

(b) Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. 17. Passed 12-10-62.)

648.03 SWEEPING LITTER INTO GUTTERS, DITCHES, STREETS, ETC.
No person shall sweep into or deposit in any gutter, ditch or street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk, gutter and ditch in front of their premises free of litter.
(Ord. 17. Passed 12-10-62.)

648.04 LITTER ON OCCUPIED PRIVATE PROPERTY.
No person shall throw or deposit litter on any private premises within the Village, whether owned by such person or not, except that the owner or person in control of occupied private premises may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(Ord. 17. Passed 12-10-62.)

648.05 OWNER AND OCCUPANT TO MAINTAIN PREMISES FREE OF LITTER.
The owner and person in control of any private premises shall at all times maintain the premises free of litter. However, this section shall not prohibit the storage of litter in authorized private receptacles for collection.
(Ord. 17. Passed 12-10-62.)

648.06 ENFORCEMENT; DECLARATION OF NUISANCE; NOTICE TO ABATE.
The Village Marshal and other persons officially designated as Ordinance Police by the Village Council are hereby charged with the enforcement of this chapter. No person being the owner or person in charge of or occupant of any private premises shall accumulate or permit the accumulation of any litter on the private premises owned, controlled or occupied by him or her in a manner prohibited by this chapter. Any litter accumulated or permitted to accumulate on any private premises in a manner prohibited by this chapter is hereby declared to be a nuisance per se, and the enforcing officer shall notify the owner, person in control or occupant of such private premises to abate such nuisance within a time limit specified in the notice, such time not to be less than two days nor more than ten days from the time said notice is served. Such notice shall be served as follows:
(a) By delivering the notice to the owner, person in charge or occupant of the premises personally or by leaving the same at his or her residence, office or place of business with some person of suitable age and discretion;
(b) By mailing said notice by certified or registered mail to such owner, person in charge or occupant at his or her last known address; or
(c) If the owner or person in charge is unknown and the premises are not occupied, by posting said notice in some conspicuous place on the premises for five days.
If the owner, person in charge or occupant of any premises notified to abate a nuisance consisting of the accumulation of litter on any private premises shall fail to abate the same within the time limit specified in said notice therefor, the enforcing officer is hereby authorized to enter upon, or authorize others to enter upon, such private premises and abate said nuisance by removing said litter and clearing said private premises. The cost shall constitute a lien against the private premises and shall be charged to the occupant thereof or to the owner of unoccupied premises, as the case may be. If not paid within sixty days after the bill for such charges is rendered, such charges may be collected as a single lot assessment against said premises in the manner provided by law or in any other manner authorized for the collection of debts owed the Village. (Ord. 17. Passed 12-10-62.)

648.07 AIDING OR ABETTING.
Whenever any act is prohibited by this chapter or by any amendment hereto, said prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. (Ord. 17. Passed 12-10-62.)

648.99 PENALTY; EQUITABLE REMEDIES.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
Upon application to any court of competent jurisdiction, the court may order the nuisance referred to in Section 648.06 to be abated, and/or the violation to be restrained and enjoined. The enforcement of this chapter by abatement of any nuisance by the enforcing officer or by application to any court of competent jurisdiction for abatement by judicial decree or writ shall not preclude enforcement of this chapter by complaint for a violation of this chapter and the imposition of a fine or imprisonment as herein provided.
(Ord. 17. Passed 12-10-62.)