Sturgis City Zoning Code

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction.

(Ord. of 7-25-2001(2), § 4.09)

If any cellar, vault, sewer, drain place or premises within the city shall be unwholesome, offensive or filthy, or shall be in such condition as to produce unwholesome or offensive exhalations, the cellar, vault, sewer, drain place or premises is hereby declared a nuisance and the city health officer is hereby empowered and required to abate the nuisance, and is empowered to require the occupant, owner or person in charge of the premises where the nuisance exists to perform the duty.

(Code 1969, § 93.10)

It shall be the duty of the owner and occupant of any lot, land or premises within the corporate limits of the city to cut and remove, or cause to be cut and removed, all weeds or plant growth in excess of eight inches (203.2 mm), as measured from ground level topography to the top of the average weed height. All noxious weeds shall be prohibited. 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. This provision shall not apply to land utilized as a railroad, or upon a railroad right-of-way. In such cases, the city shall cut weeds or plant growth at least twice each year.

(Code 1969, § 93.01; Ord. of 4-8-2013)

In case any person shall refuse or neglect to cut and remove the weeds or plant growth as provided in this article, then it shall be the duty of the city manager to cause the weeds or plant growth to be cut and removed.

(Code 1969, § 93.02)

The city commission may collect the expense from the owner or occupant by a direct proceeding or may charge the amount against the lands from which the weeds or plant growth are removed and collect it as a special assessment. All such charges shall also be a lien upon such real estate.

(Code 1969, § 93.03)

None of the prohibitions contained in this article shall apply to or be enforced against:

(1)

Any authorized police, fire or emergency vehicle when responding to an emergency call or performing normal duties or when testing police, fire or emergency vehicles in the course of performing, normal duties.

(2)

Necessary excavations or repairs of streets or highways by or on behalf of the city, county or state during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day;

(3)

The reasonable use of stationary amplifiers or loud speakers in the course of public addresses which are noncommercial in character.

(Code 1969, § 93.31)

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city, including, but not limited to the noises enumerated in this article.

(Code 1969, § 93.30)

The sound of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while 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 of such device for an unnecessary or unreasonable period of time is unlawful.

(Code 1969, § 93.32)

It shall be unlawful to play any musical instrument or allow any electrically or electronically produced, reproduced or amplified sound to emanate from any place or premises between the hours of 11:00 p.m. and 7:00 a.m., so as to be heard more than 100 feet from the property line of such place or premises or so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other residence, or other place of employment or repose. This section shall not be applicable to community events approved by resolution of the city commission or by the city manager.

(Code 1969, § 93.33)

Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets, between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, motel or other type of residence, or of any person in the vicinity is unlawful.

(Code 1969, § 93.34)

The hawking of goods, merchandise or newspapers in a loud and boisterous manner is unlawful.

(Code 1969, § 93.35)

The keeping of any animal or bird which, by causing loud, frequent or habitual noise, shall disturb the comfort or repose of any person or which causes a serious annoyance to the neighborhood is unlawful.

(Code 1969, § 93.36)

Cross reference— Animals, ch. 10.

The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger is unlawful.

(Code 1969, § 93.37)

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which effectively prevents loud engine noises therefrom is unlawful.

(Code 1969, § 93.38)

The erection (including excavating), demolition, alteration or repair of any building, or the excavation of streets and highways, other than between the hours of 7:00 a.m. and 6:00 p.m., unless a permit is first obtained from the city is unlawful.

(Code 1969, § 93.39)

Cross reference— Buildings and building regulations, ch. 14.

The creating of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is unlawful.

(Code 1969, § 93.40)

The use of any drum, loud speaker, amplifier, or other instrument or device for the purpose of attracting attention is unlawful.

(Code 1969, § 93.41)

To make a commotion or make 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 is unlawful.

(Code 1969, § 93.42)

Cross reference— Traffic and vehicles, ch. 58.

No person operating or in control of a parked or moving motor vehicle, including motorcycles and mopeds, shall operate or permit the operation of an electronically-amplified sound system in or about the vehicle so as to produce sound that is clearly audible at a distance of 50 feet from the vehicle between the hours of 7:00 a.m. and 11:00 p.m., or clearly audible at a distance of 25 feet from the vehicle between the hours of 11:00 p.m. and 7:00 a.m.

(Code 1969, § 93.44)

Cross reference— Traffic and vehicles, ch. 58.

The term "graffiti" as used in this article, means messages, words, numbers, symbols, any type of picture, or other markings painted, inscribed, written, scraped or otherwise affixed upon a house, building, structure or other property of another, including public property, without the express consent of the owner.

(Code 1969, § 93.60)

Cross reference— Definitions generally, § 1-2.

Any person who is convicted of violating subsection 34-104(a) shall be guilty of a misdemeanor. In addition to such punishment the court may, by imposing sentence, order the defendant to restore the property upon which graffiti was applied. If the graffiti has been previously removed or eliminated by a person other than the defendant, the court may, in addition to other punishment, order the defendant to pay restitution in an amount equal to the cost of removal or elimination. A person violating section 34-105 is not subject to the penalty provisions of section 1-7.

(Code 1969, § 93.64)

(a)

The existence of graffiti within the city is expressly declared to be a public nuisance. Graffiti is subject to removal according to the provisions and procedures contained in this article and as may otherwise be provided by law.

(b)

It is the duty of both the owner of any property upon which graffiti has been applied and any other person who may be in possession or who has the right to possess such property, to at all times keep such property free and clear of graffiti. The owner and possessor of property has a duty to reasonably inspect that property on a periodic basis and to promptly notify the city police department of any application of graffiti.

(c)

Whenever the property code enforcement officer for the city, or his designee, finds that graffiti has been applied to any property within the city, an order may be issued by the city requiring the removal of the graffiti according to the provisions and procedures contained in this article and as may otherwise be provided by law.

(Code 1969, § 93.61)

(a)

No person shall apply graffiti on any public or private property in the city.

(b)

Any person applying graffiti within the city shall have the duty to remove or eliminate the graffiti forthwith by such means as in the discretion of the property code enforcement officer, or his or her designee, will best eliminate the graffiti and preserve the original character and/or integrity of the property that has been defaced. Any person applying graffiti shall be responsible for such removal or for the payment thereof. Failure of any such person to remove graffiti or pay for its removal after being directed to do so shall be an additional violation of this section. Where graffiti is applied by an unemancipated minor, the parent or legal guardian shall also be responsible for such removal or the payment thereof pursuant to section 2913 of Public Act No. 236 of 1961 (MCL 600.2913) and as otherwise provided in this article and by law.

(Code 1969, § 93.62)

(a)

It is the responsibility of the owner of any property upon which graffiti has been applied to remove or eliminate the graffiti. Any owner removing or eliminating the graffiti pursuant to this section is entitled to restitution in an amount determined by a court of competent jurisdiction for the cost thereof. Any such restitution is to be paid by any person found responsible under subsection 34-104(b) for such graffiti.

(b)

The owner of any property upon which graffiti has been applied shall remove or eliminate the graffiti not later than three business days after being notified by the city. The notice issued pursuant to this section shall be addressed to the owner of the property as shown on the latest tax assessment role at the owner's last known address. Notification may be by personal service or by postage paid United States first class mail. Upon request in writing and demonstration of good cause, the property code enforcement officer, or his or her designee, may approve a reasonable extension of time for removal or elimination of the graffiti.

(c)

Upon failure, neglect or refusal of any property owner to remove or eliminate graffiti within three business days after receipt of the notice provided for in this article, the city and its authorized representatives are hereby empowered to enter upon the property for the purpose of the removal or elimination of the graffiti. The owner by failing to have timely removed or eliminated the graffiti shall be deemed to have consented to removal or elimination of the graffiti by the city and to have released the city and its representatives from any claim for property damages which may occur during the removal or elimination of the graffiti. The owner of the property from which the graffiti has been removed or eliminated by the city shall be liable to the city for the reasonable costs incurred by the city during the removal or the elimination of the graffiti and any such costs shall be a lien upon such real estate. Notwithstanding the provision of this subsection, the owner of any such property shall not be liable to the city for the cost of removal or elimination of the graffiti if the owner or person in charge of the property upon which the graffiti has been applied executes a release of liability form provided by the city pertaining to the removal or elimination of the graffiti by the city. The property owner shall remain responsible for full restoration of the property and maintaining the property under the provisions of the property maintenance code.

(Code 1969, § 93.63)

The purpose of this article is to protect occupants of real property, as well as occupants of adjoining properties and the public at large, from hazardous and contaminated living environments by requiring owners of real property to remediate contamination of property caused by methamphetamine activity, or activities involving other noxious, hazardous and toxic substances, prior to resumed occupancy.

(Ord. of 12-12-2012)

For purposes of this chapter, the following definitions shall apply:

Activity or activities shall include the manufacture and possession of methamphetamine and other noxious, hazardous or toxic substances; or other acts involving such substances that present public health and safety risks to current or future occupants of real property, adjacent properties or the public at large.

Property or real property shall include land, buildings, or other residential or commercial structures and facilities designed for human occupancy that are owned by an individual, firm, corporation or entity, and that are contaminated by activity or activities.

(Ord. of 12-12-2012)

Upon notification to the city that a property has been reported to the local health department pursuant to MCL 333.12103 as a potentially contaminated property at which an activity has occurred, the property shall be condemned as unfit for human habitation by the city building inspector and all occupants shall immediately vacate the property.

(Ord. of 12-12-2012)

Once a property has been condemned pursuant to section 34-203 of this article occupation of the property for human habitation is prohibited until the local health department certifies that the property has been properly remediated and meets applicable cleanup criteria and the property complies with all applicable building and property maintenance code requirements. The owner, or agents of the owner, may access the property only to conduct an assessment or cleanup activities.

(Ord. of 12-12-2012)

The owner, or agent of the owner, shall, within ten days of the issuing of the order to vacate by the local health department, submit documentation to the city building inspector that appropriate cleanup activities have been commenced. The owner, or agent of the owner, shall complete all appropriate assessment and cleanup activities and submit certification as provided in section 34-204 of this article within 45 days of the issuing of the order to vacate by the local health department. Upon demonstration of extenuating circumstances by the owner, the city building inspector may extend the time in which to complete remediation and submit certification.

(Ord. of 12-12-2012)

(a)

In the event the owner has not completed a cleanup of the property and the local health department has not certified that the property has been properly remediated and meets applicable cleanup criteria within the period of time provided in section 34-205 of this article, the city may perform an assessment and remediation of the property in conformity with the cleanup criteria established or adopted by the local health department. During any such assessment and remediation period by the city, the city may terminate utility services to the property.

(b)

The owner and occupants of any property located within the city which has been the location of any toxic substance activity assessed and remediated by the city shall be jointly responsible for reimbursing the city for the assessment and remediation costs incurred by the city.

(1)

For purposes of this section, "assessable costs" means those costs for services incurred by the city in connection with the cleanup and removal of a methamphetamine laboratory or related components or any other clandestine drug laboratory or related components, including, but not limited to, actual labor and material costs of the city (including, without limitation, employee wages, fringe benefits, costs of equipment, costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and contractual costs), whether the services are provided by the city or by a third party on behalf of the city, and costs associated with the termination of utility services to the property.

(2)

"Assessable costs" also include any attorney fees, litigation costs or other costs, charges, fines or penalties to the city imposed by any court or state or federal governmental entities related to the laboratory and/or components.

(c)

The city shall provide the owner and occupants of the affected property with written notice of the completion of the cleanup and removal, the amount of assessable costs incurred in the cleanup and removal and an order to pay the assessable costs to the city. Notice may be given by the following means:

(1)

In writing, by first-class mail, addressed to the owner of the property at the last known address as shown by the city tax records. The notice and order shall at the same time also be mailed to the occupants of the property, if different than the owner. If the notice and order are served by mail, they shall be deemed received by the addressee two mail delivery days after deposit in the United States mail.

(2)

In writing, addressed to the owner and occupant of the property, posted in a conspicuous location at the property. The notice and order shall be deemed to have been served to the owner and/or occupant, as applicable, at the time the notice and order is posted at the property.

(3)

Notice may be given to the owner and or occupant orally or by telephone but, in addition to the oral notice, notice shall be provided under either subsection (1) or (2) above.

(d)

The owner and occupant are jointly and severally liable for the assessable costs and shall pay the assessable costs to the city within six months after service of the notice provided under subsection (c) above.

(Ord. of 12-12-2012)

(a)

If the assessable costs are not paid when due, the assessable costs shall be considered delinquent and shall constitute a lien upon the affected real property. Such lien shall be of the same character and effect as a lien for real property taxes and shall include accrued interest and penalties. The city treasurer shall certify to the city assessor the fact that such assessable costs are delinquent and unpaid and the assessor shall then enter the delinquent amount on the next general ad valorem tax roll as a charge against the affected property.

(b)

In addition to the remedy set forth in subsection (a) above, the city shall be entitled to pursue any other remedy or may institute an appropriate action or proceeding in a court of competent jurisdiction as permitted by law to collect assessable costs from the owner and/or occupant.

(c)

A violation of this article is deemed to be a nuisance per se. In addition to any other remedy 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 article.

(d)

A person convicted of violating a condemnation order issued pursuant to section 34-203 shall be punished by a fine not to exceed $500.00, imprisonment for a period of not more than 90 days, or both such fine and imprisonment.

(Ord. of 12-12-2012)

Severability is intended throughout and within the provisions of the article. If any provision, including any exception, part, phrase, or term, or the application thereof to any persons or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the article in any and all other respects shall not be affected thereby.

(Ord. of 12-12-2012)

(a)

Since the adoption of the Michigan Fireworks Safety Act, MCLA 28.451, et. seq., which has legalized the sale, possession and use of consumer fireworks in Michigan with some restrictions, there has been disruptions to the peace and quiet in areas of the city resulting in a negative impact to the quality of life of the city's residents. An amendment to this Act now permits greater local regulation over the use and regulation of consumer fireworks. This article enables the city to effectively exercise that authority.

(b)

The purpose of this article is to provide for the regulation of the ignition, discharge and use of consumer fireworks within the city of Sturgis, as permitted under the Michigan Fireworks Safety Act.

(; Ord. of 8-28-2013; Ord. of 7-23-2014)

As used in this chapter, the following definitions shall apply:

(a)

"Act" means Act 256 of the Public Acts of Michigan of 2011, being MCL 28.451, et seq., as it may be amended from time to time. (Michigan Fireworks Safety Act.)

(b)

"Consumer fireworks" means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA (American Pyrotechnics Association-2001) standard 87-1, 3.1.2, 3.1.3, or 3.5 as defined in the Act. Consumer fireworks do not include low-impact fireworks.

(c)

"Public property" means any public park, street right-of-way (including the unimproved portions), City owned property and any other public place open to the public.

(d)

"Firework" or "fireworks" means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation as defined in the Act.

(e)

"Low-impact fireworks" means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

(f)

"Minor" means an individual who is less than 18 years of age.

(g)

"National holiday," as used in this chapter, means the following legal public holidays:

1.

New Years' Day

2.

Birthday of Martin Luther King, Jr.

3.

Washington's Birthday

4.

Memorial Day

5.

Independence Day

6.

Labor Day

7.

Columbus Day

8.

Veteran's Day

9.

Thanksgiving Day

10.

Christmas Day

(h)

"Person" means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.

(i)

"Property of another person" includes hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas.

(Ord. of 8-28-2013; Ord. of 7-23-2014)

(a)

A person shall not ignite, discharge or use consumer fireworks, except on the day preceding, the day of, or the day after a national holiday.

(b)

In addition to the prohibitions contained in subsection (a) above, a person shall not ignite, discharge or use consumer fireworks on the day preceding, the day of, or the day after a national holiday between the hours of 1:00 a.m. and 8:00 a.m.

(c)

Consumer fireworks shall not be sold to a minor.

(Ord. of 8-28-2013; Ord. of 7-23-2014)

When consumer fireworks are permitted pursuant to the exception in section 34-303 the following shall apply:

(a)

A person shall not ignite, discharge, cause to enter upon, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization's or person's express permission.

(b)

Consumer and low-impact fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both.

(c)

No person shall recklessly endanger the life, health, safety, or well-being of any person by the ignition, discharge, or use of consumer fireworks.

(Ord. of 8-28-2013; Ord. of 7-23-2014)

(a)

A person violating the provisions of this article shall be responsible for a civil infraction punishable by a civil fine of not more than $500.00 for each violation.

(b)

A police officer, fireman or other person employed by the city may issue and serve civil infraction citations for violations of this article.

(c)

If the city police department determines that a violation of this article has occurred, it may seize the firework as evidence and store it as provided under the Act.

(d)

Following final disposition of a finding of responsibility for violating this ordinance, the city may dispose of or destroy any consumer fireworks retained as evidence in that prosecution.

(e)

A person who is found responsible for violation of this Article shall be required to reimburse the city for the costs of storing, disposing of, or destroying consumer fireworks that were confiscated for a violation of this article.

(f)

No provision of this article shall prevent a prosecution or a civil infraction under state law for violation of the provisions of the Act.

(Ord. of 8-28-2013; Ord. of 7-23-2014)