Sturgis City Zoning Code

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction. Fines for violations of this chapter are outlined in Appendix B—Fine schedule for municipal civil infractions.

(Ord. of 7-28-2021)

The following definitions are used in this chapter:

Commercial disposal firm means an individual, company, or organization (including the City of Sturgis itself) that is authorized to collect waste materials, including recycling within the City of Sturgis.

Garbage means offal or waste from food material or food.

Litter means waste materials when they are outside of a waste container or other approved storage area.

Recycling means materials qualifying for collection by any recycling waste hauler approved by the city.

Waste container means a covered container of approved design for storage of waste materials, including recycling.

Waste materials means all rubbish, refuse, garbage, offal, paper, glass, cans, bottles, trash, recycling, debris or other foreign substances of every kind and description.

Yard waste means leaves, grass, clippings, garden wastes, trees, branches of trees, shrubbery, or other similar materials not including garbage.

(Ord. of 7-28-2021)

(a)

In general. It is unlawful for any person knowingly, without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, throw, scatter, sweep, or leave, or cause or permit the dumping, depositing, placing, throwing, scattering, sweeping or leaving of, litter on any public or private property other than property designated and set aside for such purposes. This includes litter as well as paper, posters, placards, signs, cards, wrappings, cartons, containers, excelsior or packing material, or yard waste.

(1)

The phrase "public or private property" includes, but is not limited to, the right-of-way of any road or highway, any public street, sidewalk, alley, parkway, public parking lot, any park, playground, building, refuge, conservation or recreation area; and any dwelling, commercial building or premises, or factory or other manufacturing place.

(b)

Remnants of an accident. It is unlawful and shall be considered littering for a person who removes a vehicle, wrecked or damaged in an accident on a highway, road or street, to fail to remove all glass and other injurious substances dropped on the highway, road or street as a result of the accident.

(c)

Littering from a motor vehicle. In a proceeding for a violation of this section involving litter from a motor vehicle, proof that the particular vehicle described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation was the registered owner of the vehicle at the time of the violation, constitutes a presumption that the registered owner of the vehicle was the operator of the vehicle at the time of the violation. The operator of a vehicle is presumed to be responsible for litter which is thrown, dropped, dumped, deposited, placed, or left from the vehicle on public or private property. For the purpose of this section, the term "vehicle" means every motor vehicle registered under the Michigan Vehicle Code (MCL 257.1 et seq.)

(Ord. of 7-28-2021)

(a)

Provision of waste containers. Every person, firm, or corporation occupying or maintaining a dwelling, commercial building or premises, or factory or other manufacturing place, shall provide a sufficient number of waste containers to accommodate all waste materials accumulated on the premises between collection periods.

(b)

Prevention of litter. All waste materials are to be stored in waste containers in such a way as to prevent them from being blown about onto or upon the property of others, or the streets, sidewalks or alleys in the city and becoming litter.

(c)

Materials and condition. All waste containers must be made of non-porous materials and be provided with a securely-fitting cover or lid. All waste containers shall be kept in a serviceable and leak-free condition and reasonably free from insects and vermin.

(Ord. of 7-28-2021)

(a)

Waste containers required. All waste material, including recycling, shall be kept in a waste container when placed out for collection.

(b)

Location and storage of containers. Waste containers must be located, stored, and screened in a manner consistent with all local laws including the City Code of Ordinances and the city zoning ordinance. During the time for scheduled collection, waste containers must be located in a place convenient for removal by a commercial disposal firm.

(c)

Containment of garbage and nuisance waste material. All waste material that may cause odors or an attractive nuisance, such as garbage, shall be wrapped or placed in sacks and all liquid drained therefrom before being placed in waste containers for collection.

(d)

Uncollectable waste material. No waste material other than specified by the commercial disposal firm shall be placed in the waste container to be serviced by that firm. All waste material unable to be collected by a commercial disposal firm must be removed from the premises and prevented from becoming a nuisance within 48 hours.

(e)

Commercial disposal firm times of operation. Collection and transportation of waste material by a commercial disposal firm for properties within 200 feet of a residential property shall be made between the hours of 6:00 a.m. and 6:00 p.m. collection and transportation of waste material by a commercial disposal firm for all properties outside of 200 feet from a residential property shall not be restricted by time. In exceptional cases, the city manager or his designee may extend the time of collection as outlined in this section.

(1)

Calculation of distance. Distance from residential properties is measured from the property line of the residential property to the collection point of a waste container.

(2)

Exceptions. Second-story apartments in the B-C zoning district shall not qualify as residential properties under this section.

(Ord. of 7-28-2021)

No person shall dispose or divert or cause to be disposed or diverted any objectionable wastewater, or cause or permit inflammable fuels, oil or grease to flow or be wasted into or upon any public sidewalk, parkway or roadway or into the stormsewer system. Stormwater from roofs, pavements or yards may be discharged into the gutters if prior approval is obtained from the city engineer.

(Ord. of 7-28-2021)

(a)

Raking of leaves in the street. No person shall rake or place leaves in the streets of the city, except as directed by the city during the leaf collection season, when leaves are being collected by the city's crews.

(b)

Soil and yard waste to compost site. No soil or yard wastes shall be deposited in a sanitary landfill. All such materials can be deposited at a city-operated compost site.

(Ord. of 7-28-2021)

All persons using the public streets and alleys for transporting various materials, goods, supplies or debris, shall do so in such a manner as to avoid littering the streets or scattering materials thereon. Trucks, trailers, wagons, carts or other vehicles to cart or haul coal, sand, dirt, brick, scrap materials, waste materials or any other material shall not be loaded above the top of the side or end boards of such conveyance, and the box of any such conveyance shall be constructed in such manner as to prevent the dropping, leaking, blowing or scattering of the materials being conveyed onto a sidewalk, parkway, alley or roadway.

(Ord. of 7-28-2021)

During the repair or construction of streets, sidewalks, buildings or other projects, the city may permit the use of the street or other public area as may reasonably be required for such repair or construction work. The person or persons in charge of the work will be required to clean up such street or other public area as directed by the city engineer.

(Ord. of 7-28-2021)

No person shall move or cause to be moved any snow or ice from any private property onto any public sidewalk, pavement or roadway.

(Ord. of 7-28-2021)