1982 VILLAGE OF BEAR LAKE DISMANTLED VEHICLE ORDINANCE
An Ordinance to secure the public peace, health, safety and welfare of the residents and property owners of the Village of Bear Lake, Manistee County, Michigan, by regulating the outdoor parking and storage of motor vehicles, tractor trailers, house trailers and new or used parts or junk therefrom within the Village of Bear Lake; to provide penalties for the violation of this Ordinance and to repeal any Ordinances or parts of Ordinances in conflict herewith.
THE VILLAGE OF BEAR LAKE, MANISTEE COUNTY, MICHIGAN,
Section 1: Name
This Ordinance shall be known and cited as the Village of Bear Lake Dismantled Vehicle Ordinance.
Section 2: Purpose
The purpose of this Ordinance is to limit and restrict the outdoor storage, parking, or unreasonable accumulation of junk, unused, partially dismantled and inoperative vehicles as hereinafter defined or the new or used parts thereof within the corporate limits of the Village of Bear Lake, Manistee County, Michigan, in order to thereby avoid injury and hazards to children and others attracted to such vehicles and in order to avoid the devaluation of property values and the psychological ill effect of the presence of such vehicles and/or the new and/or used parts thereof upon adjoining residences and property owners.
Section 3: Definitions
For purposes of this Ordinance, the following definitions shall apply:
1. A “vehicle” is hereby defined as any automobile, truck, house trailer, tractor trailer, or other self-propelled wheeled piece of equipment which, when first constructed, was intended to serve as a means of conveyance on the public highways of Michigan and/or was intended to be towed on the public highways of Michigan by such a self-propelled piece of equipment, excepting from this definition trailers having only one axle.
2. Machinery, vehicles and equipment shall be considered “inoperable” when, by reason of dismantling, disrepair or other cause, it is incapable of functioning or being operated as it was intended to function or operate when it was first constructed; provided, however, that a mobile home and/or house trailer which has had its tongue, axles and wheels removed and which is permanently affixed to a water supply and septic and/or sewage systemshall not be considered an “inoperable piece of machinery and/or equipment” within the definition of contained herein if such mobile home or house trailer is not being used or placed in violation of any Village, Township, County, State or Federal ordinance or statute.
3. An “unlicensed vehicle” is defined as any automobile which cannot be legally operated on the public streets or highway of the State of Michigan due to lack of current registration or licensing; provided, however, that any vehicle owned by any licensed automobile dealer and which may be legally operated on the public highways while bearing dealer plates shall be deemed licensed.
4. A “person” is herein defined to be any person, partner ship, corporation and/or other legal entity.
SECTION 4: Regulations
It shall be unlawful for any person to store or to permlt the storage of any inoperable vehicle and/or equipment or the new or used parts thereof or to permit the storage of any unlicensed vehicle or the new or used parts thereof upon any location within the corporate limits of the Village of Bear Lake unless such vehicle is wholly enclosed and contained within a fully enclosed structure which complies with any applicable Village,Township, County or State building and/or zoning regulations.
Excepted from this prohibition are the following;
1. This Ordinance shall not apply to any currently licensed and operable vehicles which have substantially all their main component parts and equipment attached.
2. A person may at any one time store not more than one (1) vehicle which is temporarily inoperable due to minor mechanical failure if such vehicle is not in any manner dismantled and has substantially all of its main component parts attached; provided, however, that no repairing, redesigning, modifying or dismantling work or operations shall be permitted to continue for a period in excess of twenty-four (24) hours unless such repairing, redesigning, modifying or dismantling work shall be conducted within a fully enclosed building.
3. Any person may not store more than one (1)vehicle which has been redesigned or reconstructed for a purpose other than that which it was originally manufactured if;
(i) such vehicle is in full operating condition, and
(ii) if the person storing said vehicle or allowing the storage of said vehicle has no building or garage where such vehicle could be parked or stored; provided, however, that in no event shall any such vehicle be parked in the front or side yard area of any residential premises.
4. A person may store or permit the storage of vehicles or the new or used parts thereof if:
(i) such storage is conducted in conjunction with the operation of any legally operating industrial or commercial enterprise, and
(ii) such storage is located on the same premises where such legally operating industrial or commercial enterprise is being conducted, and
(iii) such vehicles and/or the new or used parts thereof are concealed from public view by a fence hedge or other similar device and
(iv) such storage is conducted in a manner which does not in the opinion of the Manistee-Mason District Health Department, or its successor, create a health hazard.
SECTION 5: Special Dispensation
In the event that the regulations contained in Section 4 above create any special or peculiar hardship beyond the control of a particular person because of unforeseen circumstances and/or in the event that the provisions of this Ordinance create an unnecessary hardship, the Village President of this Village of Bear Lake is hereby given authority to grant permission to such person to store vehicles contrary to the provisions hereof for a limited period contrary to the provisions hereof for a limited period of time in such a manner that the spirit and purpose of this Ordinance is carried out. In no event, however, may the Village President grant permission to store a vehicle under this Section for more than thirty (30) days without the concurrence of a majority of those members of the Village Council voting at any regular and/or special meeting of the Bear Lake Village Council.
If a request is made of the Village Council for permission to store vehicles contrary to the provisions of this Ordinance, the Village Clerk shall, at least five (5) days prior to the meeting at which the matter is being considered by the Village Council, serve written notice by first class mail on all property owners and/or residents of premises lying within one hundred (100) feet of the proposed place of storage of said motor vehicles and/or the new or used parts thereof. Such notice need not be mailed to any resident and/or property owner who has consented in writing to such storage.
The permission given by the Village Council to store vehicles contrary to the provisions of this Ordinance shall be given for a specified and limited time only.
SECTION 6: Nuisance
Any parking, storage, placement or operation of a vehicle in violation of the provisions of this Ordinance is hereby declared to be a public nuisance which may be enjoined or which may be subject the violator to civil damages and the fines and penalties herein provided for.
SECTION 7: Construction
This Ordinance shall not prevent the operation of any licensed junk yard, salvage yard, repair shop, body shop or paint shop which is being operated in accordance with all Village, County and State regulations and which is operated by a person duly licensed to conduct the activity being conducted on the premises and this Ordinance shall in no way limit the effect of any other statutes or ordinances respecting the control and/or regulation of rubbish, refuse, litter, trash or junk.
SECTION 8: Saving Clause
The Provisions of this Ordinance are hereby declared to be severable and if any dause, sentence, word, section, or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not effect any portion of the Ordinance other than said part or portion thereof.
SECTION 9: Penalties
Any person who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and may, upon conviction, be subjected to punishment of a fine of not more than One Hundred ($100.00) Dollars or by imprisonment in the Manistee County jail for a period not to exceed ninety (90) days, or both, in the discretion of the Court, together with the costs of prosecution, for each violation of said Ordinance. The offender, on failing to pay such fine, penalty of forfeiture and the costs of prosecution, may be imprisoned for any time not exceeding ninety (90) days unless payment thereof is sooner made and the offender may be kept at labor during such imprisonment. Each day that a violation of this ordinance continues shall constitute a separate offense hereunder.
SECTION 10: Abatement
In addition to the imposition of the foregoing fines and penalties referred to in Section 9 above, the Village President or such other officer as the Village Council of the Village of Bear Lake may designate, may, if a vehicle stored in violation of this Ordinance is not removed within twenty (20) days after service of notice by certified mail or personal service on the owner or occupant of the premises upon which it is located or upon any responsible agent of a corporate owner or occupant, be removed from the premises and impounded until claimed by the owner thereof and until the cost of removal and storage are paid. Property not claimed within thirty (30) days of removal may be sold by the Village of Bear Lake in accordance with the procedure for sales on execution used by the Circuit Court, as provided for by the laws of the State of Michigan in existence at the time that such sale shall be conducted. Any sums realized on the sale of the same may be retained by the Village of Bear Lake to reimburse it for the costs incurred in such removal and sale, to the extent of such costs, and any balance remaining after such reimbursement shall be returned to the owner of such vehicle or new and/or used parts thereof.
SECTION 11: Effective Date
This Ordinance shall take effect forty-five (45) days following passage thereof by the Village Council of the Village of Bear Lake. Adopted and approved by a majority vote of all the members of the Village Council of the Village of Bear Lake, this 8th Day of December, 1982.
Larry Keillor Village President
Dona Wallach Village Clerk
The undersigned being the duly appointed sworn and qualified Village Clerk for the Village of Bear Lake, Manistee County,Michigan, hereby certifies that the above is a true and correct copy of the Dismantled Vehicle Ordinance which was adopted and approved by the vote of a majority of all of the members of the Village Council of the Village of Bear Lake. Manistee County, Michigan, on the 8th day of December, 1982, and the undersigned hereby also certifies that said Ordinance was published in its entirety in the Manistee County Pioneer Press, a newspaper circulated in the Village of Bear Lake. Manistee County, Michigan, on the 15th day of December, 1982.
Dona Wallach: Village Clerk