Nuisances

Chapter 10 NUISANCES*

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Sec. 10-1. Definition.
Whatever injures or endangers the safety, health, comfort or repose of the public; offends public decency, interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this chapter.
(Ord. No. 114, § 3.1, 6-7-71)
Sec. 10-2. General prohibition.
No person shall commit, create or maintain any nuisance in the township.
(Ord. No. 114, § 3.1, 6-7-71)
Sec. 10-3. Nuisances per se.
The following acts, services, apparatus and structures are hereby declared to be public nuisances.
(1) The maintenance of any pond, pool of water or vessel holding stagnant water.
(2) The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or sidewalk, or in any private place or premises where such throwing, placing, depositing or leaving is in the opinion of the township supervisor dangerous or detrimental to public health, or likely to cause sickness or attract flies, insects, rodents and/or vermin, by any person of any animal or vegetable substance, dead animal, fish, shell, tin cans, bottles, glass or other rubbish, dirt, excrement, filth, rot, unclean or nauseous water, liquid or gaseous fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns, rotten soap, grease or tallow, offal or any other offensive article or substance whatever.
(3) The pollution of any stream, lake or body of water by, or the depositing into or upon any highway, street, lane, alley, public street or square, or into any adjacent lot or grounds of, or depositing or permitting to be deposited any refuse, foul or nauseous liquid or water, creamery or industrial waste, or forcing or discharging into any public or private sewer or drain any steam, vapor or gas.
(4) The emission of noxious fumes or gas in such quantities as to render occupancy of property uncomfortable to a person of ordinary sensibilities.
(5) All buildings, walls and other structures which have been damaged by fire, decay or otherwise and all excavations remaining unfilled or uncovered for a period of 30 days or longer, and which are so situated so as to endanger the safety of the public.
(6) All dangerous, unguarded excavations or machinery in any public place, or so situated, left or operated on private property as to attract the public.
(7) The owning, driving or moving upon the public streets and alleys of trucks or other motor vehicles which are constructed or loaded so as to permit any part of its load or contents to blow, fall or be deposited upon any street, alley, sidewalk or other public or private place, or which deposits from its wheels, tires or other parts onto the street, alley, sidewalk or other public or private place dirt, grease, sticky substances or foreign matter of any kind.
(Ord. No. 114, § 3.3, 6-7-71)
Sec. 10-4. Prohibited acts.
The following acts are expressly prohibited on the part of any person:
(1) Burning garbage in an open air incinerator.
(2) Burning leaves, grass or rubbish on any paved or bituminous surfaced street.
(3) Burning any type of refuse where smoke, ashes or odor will create a nuisance, public or private.
(4) Burning rubbish less than 15 feet from a building.
(5) Leaving a rubbish fire unattended.
(6) Burying garbage where it will attract rats or other animals.
(7) Throwing or depositing litter in or upon any street, sidewalk or other public place within the township except in public receptacles or in official township and/or village landfills.
(8) Collecting, accumulating, processing or storing junk, used machines, old automobiles or materials for salvage, unless such use is permitted under chapter 19.
(9) Throwing or depositing litter on any private premises within the township.
(Ord. No. 114, § 1, 6-7-71)
Sec. 10-5. Garbage, rubbish and litter.
The owner or person in control of any private premises shall at all times maintain the premises free of litter. No person being the owner or person in charge of, or occupant of any private premises shall accumulate or permit the accumulation of any litter on the private premises owned, controlled or occupied by him in a manner prohibited by the provisions of this section. When any litter shall be accumulated or permitted to accumulate on any private premises within the township in a manner prohibited by this section, the township supervisor shall notify the owner, person in control or occupant of such private premises to remove the litter and clear such private premises within a time limited in the notice, such time not to be less than ten days nor more than 20 days from the time such notice is served. Such notice shall be served in the manner provided hereinafter. If the owner, person in charge or occupant of any premises notified to abate a nuisance consisting of the accumulation of litter on any private premises shall fail to abate the same within the time limited in such notice, the owner, person in charge or occupant shall be deemed to have committed a violation of this section.
(Ord. No. 114, § 2, 6-7-71)
Sec. 10-6. Abatement.
Any action taken by the township to abate any nuisance shall not affect the right of the township to institute proceedings against the person committing, creating or maintaining any nuisance for violation of this chapter, nor affect the imposition of the penalty prescribed for such violation. As an additional remedy, upon application by the township to any court of competent jurisdiction, the court may order the nuisance abated and/or the violation or threatened violation, restrained and enjoined.
(Ord. No. 114, § 3.2, 6-7-71)
Sec. 10-7. Notice.
(a) Notice regarding the violation of any of the provisions of this chapter shall be served in one of the following manners:
(1) By delivering the notice to the owner personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion, or
(2) By mailing such notice by certified or registered mail to such owner at his last known address, or
(3) If the owner is unknown, by posting such notice in some conspicuous place on the premises for five days.
(b) No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any township officer, unless permission is given by such officer to remove such notice.
(Ord. No. 114, § 4, 6-7-71)
Sec. 10-8. Penalty.
A person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 114, § 5, 6-7-71; Ord. No. 162, § 1, 4-8-98)

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