TB agenda 4-25-2005

An ordinance to designate an enforcing agency to discharge the responsibility of the Charter Township of Georgetown, Ottawa County, Michigan, under the provisions of the State Construction Code Act, 1972 PA 230.

The Charter Township of Georgetown ordains:

Section 1. AGENCY DESIGNATED. Pursuant to the provisions of the Michigan Plumbing Code, in accordance with Section 8b(6) of 1972 PA 230, the Building Code Official of the Charter Township of Georgetown, is hereby designated as the enforcing agency to discharge the responsibility of the Charter Township of Georgetown under 1972 PA 230, State of Michigan. The Charter Township of Georgetown assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.

Section 2. REPEALS. All ordinances inconsistent with the provisions of this ordinance are hereby repealed.

Section 3. PUBLICATION. This ordinance shall be effective after legal publication and in accordance with provisions of the Act governing same.

Effective Date. This ordinance shall become effective upon approval from the State Bureau of Construction Codes. This ordinance was read for the first time on April 11, 2005, published on , read for the second time and adopted by the Georgetown Charter Township Board on , and published for the second time on , and effective upon approval from the State Bureau of Construction Codes.

Adopted this day of , (Year).

This ordinance duly adopted on at a regular meeting of the Georgetown Charter Township Board and will become effective upon approval from the STATE BUREAU OF CONSTRUCTION CODES AND NO SOONER THAN THE THIRTIETH DAY AFTER PUBLICATION AFTER ADOPTION.

Date: , (Year).

Signed:

R. J. Poel, Clerk of the Charter Township of Georgetown

Attested:

William Holland, Supervisor of the Charter Township of Georgetown

Note: As recommended by the Services/Program Committee

10. Fees for Plumbing Permits

Motion: To approve the fees for plumbing permits as presented

Note: As recommended by the Services/Program Committee

11. Appointments to the Construction Board of Appeals

Motion: To appoint the following people to the Construction Board of Appeals

and to remove Jim Jansma since he asked to be off the Board and Ray Elenbaas since he no longer has a license:

Mitch Visser – term to expire 12/31/09

Steve Jerkaitis – term to expire 12/31/08

Ralph DenHartigh – term to expire 12/31/09

and Travis Underhill – term to expire 12/31/09

Note: As recommended by the Supervisor

The reason for the new appointments is because one member quit, one member no longer has an active license, and qualified licensed representatives of the building trades were needed on the Board to meet State requirements

12. Policy 2005-03 Protection of Social Security Numbers

Motion: To approve Policy 2005-03 Protection of Social Security Numbers as

presented

Note: As recommended by the Utilities/Facilities Committee

13. Hold the August 8, 2005 Township Board Meeting at Ice Arena

Motion: To approve relocating the August 8, 2005 Township Board meeting to

the Ice Arena at 7:30 p.m. Free skating to be from 7:00 p.m. until 9:00 p.m. with skate rental available.

14. Final Plat of Boulder Ridge

Motion: To grant final plat approval for Boulder Ridge, Part of the SE ¼ Section

8, T6N, R13W, Georgetown Township, Ottawa County, MI, provided all state, county & local ordinance comply & all fees are paid.

Note: Letter of Credit, application, sidewalk compliance letter, street

light petition, and building permit compliance letter were received

and are on file in the office. All fees are paid to date (including $50 per lot fee). DPW has approved.

Attachment: plat map (available in Township Office)

15. Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood Ct.

Motion: To table Special Use Permit (SUP0503) Michelle Bowne, 916 Fairwood

Ct., to have a group day care home under Sec. 8.3(E), on a parcel of land described as P.P.# 70-14-11-436-010, located at 916 Fairwood Ct., in a (LDR) Low Density Residential district.

Note: The Planning Commission tabled the request for further review

Attachment: Letter submitted to the Board

Letter in opposition from Dykema Excavators, Inc.

Letter in opposition from Steve and Molly Guikema

Letter in opposition from Tim and Sue Lamoreaux

16. Rezoning (REZ0501) To change from (HDR) High Density Residential to (MDR)

Medium Density Residential and from (MDR) Medium Density Residential to (HDR) High Density Residential parts of a parcel of land described as P.P.# 70-10-31-200-017, located at 10081 42^nd Ave., Georgetown Township, Ottawa County, Michigan.

Motion: To approve Rezoning (REZ0501) to change from (HDR) High Density

Residential to (MDR) Medium Density Residential and from (MDR) Medium Density Residential to (HDR) High Density Residential parts of a parcel of land described as P.P.# 70-10-31-200-017, located at 10081 42^nd Ave., Georgetown Township, Ottawa County, Michigan. The rezoning to be swapping equal amounts of property (resulting with the same amounts of current zoning) as shown on the attached map according to the legal description provided by the applicant.

Note: As recommended by the Planning Commission

Attachment: map

17. Preliminary Plat of Hunters Meadows No. 2

Motion: To grant tentative preliminary plat approval of Hunters Meadows No. 2 as

shown on the drawing dated 4/14/05 with the following conditions:

1. A record of a conservation easement shall be submitted prior to the issuance of building permits;

2. A record of approval from the Ottawa County Drain Commission shall be submitted prior to the issuance of building permits.

Note: As recommended by the Planning Commission

Attachment: plat map (available in the Township Office

18. Koster Excavating Bid for Township Property

Motion: To accept the bid from Koster Excavating Inc. for a total of $3,500 for work

at 23 Baldwin to clean up the area after the house was burned

Attachment: Estimate and agreement

19. Unfinished Business-Second Reading and Adoption of Ordinance No. 2005-02,

Disorderly Persons Ordinance

Motion: To remove motion # 050411-05 from the table

Motion: To read for the second time and adopt Ordinance No. 2005-02, Disorderly Persons Ordinance, as follows, with the deletion of Section 38-80(a) and (b) and the change to Section 38-72(1) and (2):

Ordinance No. 2005-02

Disorderly Persons Ordinance

An ordinance to define and prohibit disorderly conduct within Georgetown Charter Township, Ottawa County, Michigan to prescribe penalties for the violation thereof,

The Charter Township of Georgetown ordains that Chapter 38 of the Code of Ordinances is amended as follows:

Name.

This ordinance shall be known and cited as the Georgetown Charter Township Disorderly Conduct Ordinance.

Disorderly Definitions.

No person shall conduct himself or herself in a disorderly manner in the Charter Township of Georgetown, Ottawa County, Michigan. For the purpose of this ordinance, a person conducts himself or herself in a disorderly manner when he or she does any act or engages in any practice hereinafter listed, or aids and abets any person who does any such act or engages in any such practice hereinafter listed;

Add Sec. 38-6 to ARTICLE I as follows:

Sec. 38-6. Fireworks.

It shall be unlawful for any person within the township to discharge, offer for sale, or possess any fireworks except of the type and under the conditions permitted by state law.

Add Sec. 38-27 to ARTICLE II as follows:

ARTICLE II. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS

Sec. 38-27. Township premises.

It shall be unlawful for any person to loiter within the township or to remain on the premises of any Township Building, or any lands or properties owned by the Township, unless such person is present for the purpose of conducting business with Township officials or attending, participating in or observing any hearing or meeting or recreational gathering held in such Township buildings or property.

Amend Sec. 38-71 as follows:

Sec. 38-71. Breach of peace.

(a) Any person who shall make or assist in making any noise, disturbance, trouble, or

improper diversion, or any rout or riot, by which the peace and good order of the township is disturbed, shall be guilty of a misdemeanor.

(b) Any person who shall permit or allow any loud noises, electrical, mechanical,

human or animal in origin, to be emitted from any place occupied or controlled by him/her so as to disturb unnecessarily and without reasonable cause the quiet, comfort, or repose of any person or persons shall be guilty of a misdemeanor.

Amend Sec. 38-72 as follows:

Sec. 38-72. Creation of noise.

Loud noise is defined as a sound which is disagreeable or loud, destroying the peace and tranquility of any person or persons within the surrounding neighborhood.

It shall be unlawful for any person within the township to:

(1) Create any loud noises by the erection, including excavation therefore, demolition,

alteration, maintenance or repair of any property or the excavation of any streets or highways at any time, except between the hours of 7:00 ~~6:00~~ a.m. and 11:00 ~~9:00~~ p.m., except as may be necessary for emergency construction operations or repairs, or as may be necessary as determined by ~~a two-thirds majority vote of~~ the ~~full~~ board ~~for essential services~~.

(2) Create or allow any loud noises by the use of machinery, including motor vehicles or

motor equipment, manufacturing or industrial processes of any kind, at a place so as to reasonably disturb the peace and quiet, or comfort or repose of any person in a residential home or unit between the hours of 11:00 p.m. ~~12:00 a.m.~~ and 7:00 a.m., provided such noise continues for a period of three minutes or more, or, if of shorter duration, is intermittent so that the noise occurs at least three times within a one-hour period or as may be necessary as determined by the board.

(3) Gun or race the engine of any motor vehicle, including any motorcycle or motor driven

cycle or boat or snowmobile, or run or operate a motor vehicle, motorcycle or motor driven cycle or snowmobile without a muffler in good working order (one which in constant operation prevents excessive or unusual noise and annoying smoke); a person shall not remove, destroy, or damage any of the baffles contained in the muffler, nor shall a person use a muffler cutout, bypass, or similar device upon a motorcycle, motor driven cycle or any motor vehicle or snowmobile at any place within the Township;

(4) Operations or activities which cause or create measurable noise levels exceeding the

maximum sound intensity levels measured in decibels as prescribed in this section, as measured at or within five feet of any home or residential unit, between the hours of 11:00 p.m. and 7:00 a.m.:

a. Pre-1960 octave, American Standards Association, Z24.

Octave Band

Cycles Per Second Decibels

00 to 74 70

75 to 149 62

150 to 299 56

300 to 599 49

600 to 1,199 44

1,200 to 2,399 39

2,400 to 4,799 33

4,800 and above 31

b. Post-1960 preferred frequencies.

Cycles Per Second Decibels

31.5 72

63 68

125 62

250 57

500 50

1,000 46

2,000 39

4,000 32

8,000 28

Amend Sec. 38-73 as follows:

Sec. 38-73. Tumultuous conduct.

No person shall disturb, incite or aid in disturbing the public peace by loud, violent, tumultuous, offensive or obstreperous conduct, or party or shall make or participate in making any improper noise or disturbance, riot or breach of the peace, or shall engage in any illegal or improper act. No person shall knowingly permit any such conduct upon any premises owned or possessed by him or under his control.

Amend Sec. 38-74 as follows:

Sec. 38-74. Disturbing worship or any other assembly.

It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or any other assembly gathered for lawful purposes by making any noise or making any profane discourse or engaging in any indecent behavior in or near the place of worship as to disturb the solemnity of the meeting.

Amend Sec. 38-75 as follows:

Sec. 38-75. Loitering.

(b) It shall be unlawful for any person within the township to loiter, loaf, wander, stand or

remain idle either alone or in consort with others in a public place in such manner so as to:

(4) Collect or stand in crowds for illegal or mischievous purposes in any public place.

Sec. 38-78 is added under ARTICLE IV.

ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE

Sec. 38-78. Social gathering or party.

(a) It shall be unlawful for any person within the township to use any premises or suffer any

premises under his/her or its control to be used so as to destroy the peace and tranquility of any person or persons within the surrounding neighborhood. This includes, but is not limited to, any person who is the owner, occupant, tenant or has any other possessory interest or premises in the Township, who either sponsors, conducts, hosts, invites, suffers, permits, continues, or allows to continue a social gathering or party which is, or during the course thereof becomes, a nuisance party as defined in subparagraph (b) below.

(b) It shall be unlawful for any person within the township to sponsor, conduct, host, invite,

suffer, permit, continue or allows to continue a nuisance party, as hereinafter defined. For the purpose of this subsection, the term “nuisance party” means a social gathering or party which is conducted on premises in the Township and which, by reason of the conduct of those persons in attendance, results in any one or more of the following occurrences or conditions:

1. Consumption of alcoholic beverages in public or public drunkenness as to cause a public disturbance;

2. Public urination or defecation;

3. The unlawful sale or furnishing to minors or consumption by minors of alcoholic beverages;

4. The unlawful deposit of trash or litter on public or private property that belongs to others;

5. The destruction of public or private property;

6. The generation of pedestrian or vehicular traffic or parking of motor vehicles which obstruct the free flow of residential traffic or interferes with the ability to render emergency services;

7. Excessive, unnecessary or unusually load noise which disturbs the comfort and quiet repose of the neighborhood;

8. Public disturbances, brawls, fights or quarrels;

9. Assembly of persons in excess of limits imposed by conditions, rules or requirements of lease or occupancy agreement;

10. Any similar conduct which annoys, injures, or endangers the safety, health, comfort, or repose of the neighboring residents;

11. Any conduct which results in indecent or obscene conduct, or immoral exhibition or indecent exposure by persons at the social gathering.

Add Sec. 38-79 under ARTICLE IV, as follows:

Sec. 38-79. Telephone use.

It shall be unlawful for any person within the township to, by the use or means of telephone perform any of the following:

a. Disturb the peace, quiet, or privacy of any other person or family by repeated calls

intended to harass or annoy the person or family to whom the calls are made;

b. Use obscene or offensive language, or suggest any lewd or lascivious act;

c. Attempt to extort money or anything of value from any persons;

d. Threaten any physical violence or harm to any person;

e. Repeatedly and continuously ring the telephone of any person with intent to disturb or harass such person;

f. Knowingly and intentionally make false report of a crime, fire, traffic crash, or medical emergency;

~~Add Sec. 38-80 under ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE, as follows:~~

~~Sec. 38-80. Trash and garbage pickup.~~

~~(a)~~ ~~It shall be unlawful for any person within the township to conduct commercial and/or residential trash or garbage pickup between the hours of 8:00 p.m. and 7:00 a.m.~~

~~(b)~~ It shall be unlawful for any employee or owner of a company (including a supervisor or manager) to either knowingly or unknowingly allow an employee of the company to violate the provisions of Sec. 38-80 (a).

Amend Sec. 38-102 as follows:

Sec. 38-102. Indecent exposure.

a. It shall be unlawful for any person within the township to knowingly make any open or

indecent exposure of his person or of the person of another.

Amend Sec. 38-104 in ARTILCE V as follows:

ARTICLE V. OFFENSES AGAINST PUBLIC MORALS

Sec. 38-104. Fortunes or speculation games.

It shall be unlawful for any person within the township to tell or pretend to tell fortunes for hire, gain, reward or profit whether by means of cards, token trances, inspection of the hands or skull, mind reading, consulting the movements of the heavenly bodies, or otherwise; or for hire, gain reward or profit pretend to enable another to recover lost or stolen property, pretend to give success in any business enterprise, speculation or game of chance, or by improper means induce any person to dispose of property in favor of another;

Add Sec. 38-127 in ARTICLE VI as follows:

ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY

Sec. 38-127. Threatening communications.

(a) It shall be unlawful for any person within the township to verbally or by delivery

of a written or electronic communication, threaten any physical violence or harm to any person or any member of such person’s family.

(b) It shall be unlawful for any person within the township to deliver or cause to be

delivered any letter, postal card, electronic writing or other object containing obscene language or containing any words, letters, or marks with the intent to frighten, intimidate, or cause annoyance to any other person and/or with the intent to extort or gain money or property of any description belonging to another.

Invalid Clauses.

Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the parts so declared to be invalid.

Violations and Penalties.

Any person violating any provision of this ordinance upon conviction thereof shall be guilty of a misdemeanor and punished by a fine not exceeding Five Hundred Dollars ($500.00). And cost of prosecution or by imprisonment in Ottawa County Jail for a period not to exceed ninety (90) days, or both such fine and imprisonment in the discretion of the court.

Pending Proceedings. All proceedings pending and all rights and liabilities existing at the time this ordinance takes effect are saved and may be consummated or continued according to the law in force when they were commenced. No prosecution initiated prior to the effective date of this ordinance or initiated after the effective date of this ordinance for an offense committed prior to the effective date shall be affected by this ordinance.

Effective Date. This ordinance shall become effect on the thirtieth day after publication after adoption. This ordinance was read for the first time on March 28, 2005, published on April 5, 2005, read for the second time and adopted by the Georgetown Charter Township Board on , published for the second time on , and effective thirty days from publication on

Note: As recommended by the Services/Program Committee

20. Introduction and First Reading of Ordinance No. 2005-06 Dogs and Cats At Large

Ordinance

Motion: To introduce and read for the first time Ordinance No. 2005-06, Dogs and

Cats At Large Ordinance, as follows:

ORDINANCE NO. 2005-06

Dogs and Cats At Large Ordinance

The Charter Township of Georgetown ordains that Chapter 6 of the Code of Ordinances is amended as follows:

ARTICLE V. DOGS AND CATS AT LARGE

Sec. 6-36. Penalty for violation of article.

Any person who violates this article is responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines [Appendix C] and court costs. Equitable relief may also be awarded as permitted by Michigan law.

Sec. 6-37. Control of dogs and cats .

(a) No person owning, possessing or having charge of any dog or cat shall allow such dog or cat to wander, run or be at large or stray beyond the premises of such person unless such dog or cat is held properly in leash, meaning a physical restraint not more than ten (10) feet in length, or unless such dog or cat is engaged in lawful hunting or hunting practice and accompanied by a person.

Sec. 6-38. Animal nuisance by defecation and other activities.

(a) No person owning or having custody or control of an animal shall intentionally, or through failure to exercise due care, permit the animal to defecate on any public or private property (other than the property of such person) unless such person immediately collects all fecal matter deposited by the animal.

Note: As recommended by the Services Committee

21. Introduction and First Reading of Ordinance No. 2005-07 Mineral Mining Amendment

Ordinance

Motion: To introduce and read for the first time Ordinance No. 2005-07, Mineral

Mining Amendment Ordinance, as follows:

ORDINANCE NO. 2005-07

Mineral Mining Amendment Ordinance

The Charter Township of Georgetown ordains that Chapter 26 of the Code of Ordinances is amended as follows:

ARTICLE IV. MINERAL MINING

Sec. 26-71. Name.

This article shall be known as and may be cited as "The Georgetown Charter Township Mineral Mining Ordinance".

(Ord. No. 9804, § 1, 10-26-98)

Sec. 26-72. Definitions.

For purposes of this article, the following definitions and provisions shall apply:

(a) Mineral mining official: The engineer of Georgetown Charter Township or such other person as from time to time appointed by resolution of the township board.

(b) License: A mineral mining license as required by this article to commence or continue mineral mining operations within the township.

(c) Mineral mining or mining: The excavation, removal or processing of sand, gravel, clay, stone, peat, muck, topsoil or other minerals or similar materials, including overburden, or the storage or transporting of minerals on a mining site, or the reclamation of the site after removal or excavation of minerals. However, the following excavation activities are not included within the definition of mineral mining or mining and are exempt from the requirements of this article:

(1) Excavation approved by a governmental body of competent jurisdiction in conjunction with the installation or maintenance of publicly owned or operated utilities, drains, roads or other improvements where the excavation is limited to the site of the public utility or improvement.

(2) Excavation which by its nature is of limited scope and duration and which is undertaken solely for the immediate use and development of the land excavated, such as for the purpose of construction or installation of a building, septic tank, swimming pool and similar limited excavations.

(3) Excavation in conjunction with farming operations conducted in accordance with generally accepted agricultural practices, including agricultural drainage work incidental to farming operations and irrigation or stock watering ponds, if no material is removed from the property.

The mineral mining official shall determine whether an excavation is or is not exempt from the requirements of this article, subject to the appeal provisions of this article.

(d) Review board: A mineral mining review board (the "review board") is hereby created. The review board shall consist of ~~the township engineer~~, two members of the township board appointed by the township board and two members of the township planning commission appointed by the township supervisor subject to confirmation by the township board and a mineral mining official. The terms of the members of the review board shall be three years but in no event longer than their respective official tenures. Meetings of the review board shall be open to the public and shall be held as necessary to consider applications for licenses or to take other actions as provided by this article. A meeting shall be held within 45 days of receipt by the township of an application for a license. Action of the review board requires a concurring vote of not less than three members. The review board shall keep a record of its proceedings, findings and determinations, which shall be a public record and shall be filed in the office of the township clerk. The review board may establish rules to govern its procedures and may call on other township officials or boards for assistance in the performance of its duties.

(e) Site: A parcel or unit of land used or proposed to be used for mineral mining purposes regulated by this article.

(f) Township board: The Georgetown Charter Township Board.

(g) Township: Georgetown Charter Township.

(Ord. No. 9804, § 2, 10-26-98)

22. Request Sound Meter

Motion: To approve the purchase of 1 Quest 2200-10 Sound Level Meter for

$1,505.00 for the Code Enforcement Officer

Note: Three bids were requested and only one responded

As recommended by the Services Committee

23. Tile and Concrete Work at the Library

Motion: To approve the tile and concrete work at the library by Scott

Anderson Concrete for $2496.00 to come from the library fund

Attachment: Proposal

24. Bids to Resurface Cemetery Roads at 28^th Ave. Location

Motion: To accept the low bid and authorize the repaving of the roadway in

the cemetery at the 28^th Ave. location for $19,500.00 from Key Construction

Note: Services Committee authorized the Clerk to seek bids

Other bids include:

General Asphalt Paving $33,475.00

Superior Asphalt $32,520.00

Aggregate Industries $30,784.00

25. Public Comment (maximum 3 minutes per person)

26. Announcement of any scheduled meeting of interest to board members

27. Reports from Standing Committees

Water/Sewer Committee Minutes of April 11, 2005

Services Committee Minutes of April 18, 2005

Election Commission Minutes of April 8, 2005

28. Meeting adjourned at p.m.