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Independence Township


First Reading of the "Illegal Dumping" 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 30 of the Code of Ordinances, Charter Township of Independence, Oakland County, Michigan, Chapter 30, Article IV (Offenses Against Property); to amend and replace Section 30-97, as previously reserved, and add new Section 30-97 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 "Illegal Dumping" Ordinance.

Section 2. AMENDMENT TO SECTION 30-97. Chapter 30 of the Independence Charter Township Code, Article IV (Offenses Against Property), Section 30-97, previously reserved, is amended and replaced by new Section 30-97, which shall read as follows:

Section 30-97: Illegal Dumping.

Any person who shall dump, deposit or place any filth, garbage or refuse, including but not limited to rubbish, waste material, offal paper, glass, cans, bottles, trash, debris, or other foreign substances, on the grounds or premises of another, without the specific permission of the owner thereof shall be guilty of a misdemeanor.

State law reference MCL 750.552a.

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 3. 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 4. 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 5. 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 6. 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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