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Independence Township


First Reading of an Amendment to Litter Ordinance



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June 27, 2012 - NOTICE IS HEREBY GIVEN that at its Regular Meeting on June 19, 2012, the Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

ORDINANCE # 2012 - ________

THE CHARTER TOWNSHIP OF INDEPENDENCE

PREAMBLE

The Township of Independence has determined it is appropriate and necessary for the health, safety and welfare of the citizens of the Township to amend Chapter 40 of the Code of Ordinances, Charter Township of Independence, Oakland County, Michigan, Chapter 40, Article III (Litter); to amend Sections 40-99, 40-102 and 40-105 and to provide penalties for violation thereof. Therefore,

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. SHORT TITLE. This Ordinance shall be known as and may be cited as the "Amendment to Litter Ordinance".

Section 2. AMENDMENT TO SECTION 40-99 (Prohibition Generally). Chapter 40 of the Independence Charter Township Code, Article III (Litter), Section 40-99 is hereby amended to add general penalty provision and read as follows:

Section 40-99: Prohibition Generally.

No person shall dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property within the township other than on property designated and set aside for such purposes, or in receptacles provided for that purpose.

Violation of this Article is a civil infraction except as expressly provided otherwise herein.

Section 3. AMENDMENT TO SECTION 40-102. Chapter 40 of the Independence Charter Township Code, Article III (Litter) Section 40-102 is hereby amended and new Section 40-102 is hereby added, which Section shall read as follows:

Section 40-102: Throwing Dangerous Substances.

Any person who shall place or throw glass or other dangerous pointed or edged substances in or on any beach or waters adjacent thereto, highway, or walk, or on public property within 50 feet of a public highway, shall be guilty of a misdemeanor.

State law reference MCL 750.493a.

Section 4. AMENDMENT TO SECTION 40-105. Chapter 40 of the Independence Charter Township Code, Article III (Litter), Section 40-105 is hereby amended to add penalty and read as follows:

Section 40-105: Litter or Objects Falling in Path of Vehicles.

No person shall cause any litter or any object to fall or to be thrown into the path of or to hit a vehicle traveling on the highway.

Violation of this Section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

State Law Reference MCL 324.8903

Nothing in this Ordinance shall be construed to limit the remedies available to the Township in the event of a violation of this Ordinance.

Section 5. Balance of Ordinance Remains in Effect.

The balance of Article III shall remain in full force and effect, except as specifically modified herein.

Section 6. SEVERABILITY. If any Section, subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independence portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 7. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

Section 8. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

Section 9. NOTICE TO BE PUBLISHED. The Township Clerk for the Charter Township of Independence shall publish this ordinance in the manner required by MCL 42.22

Effective Date: This Ordinance section will be in effect as an Ordinance of the Charter Township of Independence immediately upon its Publication.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Township Clerk

Published: June 27, 2012

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