Sturgis City Zoning Code

All non-specified civil infractions of chapter 26 will result in the following fine schedule:

First offense .....$250.00

Second offense .....350.00

Third offense .....500.00

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction. Third offense violations of this chapter are, in the discretion of the code official based upon the severity of the violation, a municipal civil infraction or a misdemeanor.

(Ord. of 7-25-2001(2), § 4.09; Ord. of 8-28-2019(1))

The fire chief, or his duly authorized representatives as may be in charge at the scene of a fire or other emergency involving the protection of life or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of the fire department's duty. The fire official may prohibit any person, vehicle, or object from approaching the scene, and may remove, or cause to be removed from the scene any person, vehicle, or object which may impede or interfere with the operations of the fire department. The fire official may remove or cause to be removed any person, vehicle, or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the fire official.

(Code 1969, § 110.08(B))

Any person who shall knowingly and wilfully commit any one or more of the following actions shall be guilty of a misdemeanor;

(1)

Raise a false alarm of fire at any gathering or in any public place;

(2)

Ring any bell or operate any mechanical apparatus, electrical apparatus or combination thereof, for the purpose of creating a false alarm of fire;

(3)

Raise a fire alarm of fire orally, by telephone or in person.

(Code 1969, § 110.08(A))

State Law reference— False fire alarms, MCL 750.240.

(a)

Any person who shall knowingly and wilfully hinder, obstruct, endanger or interfere with any firefighter in the performance of his duties is guilty of a misdemeanor.

(b)

Any person who, while in the vicinity of any fire, wilfully disobeys any reasonable order or rule of the officer commanding any fire department at such fire when such order or rule is given by the commanding officer or a firefighter there present, is guilty of a misdemeanor.

(c)

During a riot, or other civil disturbance any person who shall knowingly and wilfully hinder, obstruct, endanger or interfere with any person who is engaged in the operation, installation, repair or maintenance of any essential public service facility, including a facility for the transmission of electricity, gas, telephone messages or water, is guilty of a misdemeanor.

(d)

A person shall not wilfully fail or refuse to comply with any lawful order or direction of a fire official or interfere with the compliance attempts of another individual.

(Code 1969, § 110.08(C), (D))

A person shall not without proper authorization from the fire official in charge of the fire department emergency equipment, cling to, attach himself to, climb on or into, board, or swing on any fire department emergency equipment whether the equipment is in motion or at rest, or sound the siren, horn, bell, or other sound producing device thereon, or manipulate, or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of any fire department emergency vehicle.

(Code 1969, § 110.08(E))

It shall be unlawful for any person to damage, deface, or attempt to conspire to damage or deface any fire department emergency vehicle at any time, or to injure, or conspire to injure fire department personnel while performing departmental duties.

(Code 1969, § 110.08(F))

(a)

It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict the access to any fire hydrant or any fire department connection for the pressurization of fire suppression systems, including fire hydrants and fire department connections that are located on public or private streets and access lanes, or on private property.

(b)

If, on expiration of the time mentioned in a notice of violation, the obstructions or encroachments specified in such notice are not removed, the fire official shall proceed to remove the encroachments. Costs incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the fire official and with the approval of the city manager; and the legal authority of the city shall institute appropriate action for the recovery of such costs.

(Code 1969, § 110.08(G))

A person shall not use or operate any fire hydrant intended for use by the fire department for fire suppression purposes unless such person first secures written permission for such use from the fire chief. Such permission shall be granted upon a showing that public safety will not be endangered and upon a further showing that proper compensation will be paid to the city for the water used. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction.

(Code 1969, § 110.08(H))

A person shall not sell, trade, loan, or give away in any form, type, or kind any fire extinguisher which is not approved by the fire marshal, or which is not in proper working order, or the contents of which do not meet the requirements of the fire marshal. The requirements of this section shall not apply to the sale, trade, or exchange of obsolete or damaged equipment for junk or antique purposes, providing the units are permanently disfigured or marked with permanent signs identifying the unit as such.

(Code 1969, § 110.08(I))

(a)

It shall be unlawful for any person to burn, or cause to be burned, trash, paper, rubbish of any kind, or leaves, grass clippings, or any other organic matter on the public streets, alleys, or roadways, or on any street terrace or easement within the limits of this city.

(b)

Except in connection with the operation of an engine, or a heating appliance approved by the fire marshal, it shall be unlawful to burn, cause to be burned, or to provide facilities for the burning of, at any time, wood and paper products, garbage, animal wastes, rubber- or petroleum-based products, plastic or leather goods, or flammable or combustible liquids within the limits of this city.

(c)

Exception. Household trash from one- and two-family dwellings, consisting only of processed wood and paper products may be burned between the hours of 7:00 a.m. and 7:00 p.m., except on Sunday, when no burning is allowed, provided that:

(1)

The burning is contained within an approved waste burner located at least 15 feet from any structure; and

(2)

The burning does not create a neighborhood nuisance.

(d)

Dried fallen leaves may not be burned at any time within the city.

(Code 1969, § 110.07)

Cross reference— Streets, sidewalks and other public places, ch. 46.

State Law reference— Open burning of leaves or grass prohibited, MCL 324.11522.

The owner or occupant of a structure which is approved for construction, major renovation or change of occupancy or use group, as provided for under the ordinances of the city, except residential structures containing less than six dwelling units, when access to or within the structure or an area within or adjacent to the structure is unduly difficult because of secured openings, or where immediate access is necessary for lifesaving or firefighting purposes, shall, upon request of the code official, provide secured key access to the structure which shall be provided in an accessible location approved by the code official.

(Code 1969, § 110.09)

(a)

There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property, the code known as the International Fire Code 2006 Edition, and all amendments or supplements thereto, or such other fire code as may be adopted by the State of Michigan by incorporation by reference in the Michigan Building Code, of which code at least one copy has been and is now filed in the office of the clerk-treasurer of this city and the whole thereof, save and except those portions as are hereinafter deleted, modified, or amended by section 26-32, as if set out at length in this section.

(b)

From the date on which the ordinance from which this article is derived shall take effect the provisions of such code shall be controlling within the limits of this city.

(Ord. of 9-24-2008)

The prevention fire code adopted in section 26-31 is amended and changed as follows:

(1)

The fire prevention code in no way supersedes the Michigan State Fire Marshal's Code or regulations.

(2)

Chapter 1, Section 101.1 Title. These regulations as set forth herein shall be known as the Fire Prevention Code of the City of Sturgis, Michigan, and are herein referred to as such, or as "this code."

(3)

Chapter 1, Section 101.2.1. Appendices. All appendices of the International Fire Code are hereby adopted subject to such amendments and changes as are expressly provided in this Ordinance.

(4)

Chapter 1, Section 102.4. Application of Building Code. All references to the "International Building Code" shall be deemed to be made to the "Michigan Building Code" as amended or supplemented from time to time.

(5)

Chapter 1, Section 103. Department of Fire Prevention. All references to the fire code official or chief shall be deemed to be to the "most senior administrator over the Sturgis Fire Department" or a duly authorized representative.

(6)

Chapter 1, Section 105.1. Application. Any permit required for construction, alteration or demolition of a structure within the city and referenced in this code shall be reviewed and issued through the city building department or appropriate government agency as otherwise provided by ordinances of the city or state law.

(Ord. of 9-24-2008; Ord. of 11-10-2021)

For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Corporation council or legal authority means the attorney for the city.

Fire prevention code or code means the International Fire Code 2006 Edition, including all amendments or supplements thereto.

Municipality or city means the City of Sturgis, Michigan.

State law means the law of the State of Michigan.

(Ord. of 9-24-2008)

When the fire code official shall disapprove an application, or when it is claimed that the provisions of this article do not apply or that the true intent and meaning of this article have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire code official to the construction board of appeals or a committee thereof, by submitting a written application to the fire code official within 30 days of the decision appealed. Rules and procedures for appeals shall follow those as the construction code.

(Ord. of 9-24-2008)

The city shall assess fees for inspections performed by the Sturgis Fire Department based upon the cost of conducting the inspections. These fees shall be adopted from time-to-time by the city commission.

(Ord. of 11-10-2021)