MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD APRIL 9, 2007, 7:30 p.m.

 

The meeting was called to order at 7:30 p.m. by Chairperson Bill Holland.

 

Prayer for guidance by Bill Holland

 

Pledge of Allegiance to the Flag

 

Roll Call

Present:           Bill Holland, Daniel Carlton, Del South, Marvin VanSomeren, Dale Mohr, Stanley Sterk

Absent:            Richard VanderKlok-with notice

 

#070409-01 - Public Comments

 

No one was present to make public comments.

 

#070409-02 - Approval of agenda as presented for April 9, 2007

 

Moved by Daniel Carlton, seconded by Marvin VanSomeren, to approve the agenda as presented.

 

MOTION CARRIED.

 

#070409-03 - Communications, letters and reports: Received for information, to be filed:

 

A.    DPW Report for Michigan Rural Water Annual Meeting

B.     Code Enforcement Officer’s March 2007 Monthly Report

C.     Senior Center Monthly Activity Report for March 2007

D.    Fire Department Report for March 2007

E.     Ice Arena Thank You

F.      Planning Commission agenda for May 2, 2007

G.    DPW Report for March 2007

H.    General Ledger Report March 2007

 

#070409-04 - Consent agenda

 

Moved by Dale Mohr, seconded by Marvin VanSomeren, to approve the consent agenda as presented.

a.         Approval of minutes of the regular board meeting held on March 26, 2007

b.         Approval of the regular Monthly Bills and utility bills

 

            MOTION CARRIED.

 

#070409-05 - Remove 12th Ave from the Maplewood Area Sewer Project

 

Moved by Stanley Sterk, seconded by Daniel Carlton, to approve accepting the petition from more than 50% of the residents on 12th Ave. and to remove the 12th Ave. district from the Maplewood Sewer Project

 

Note:               This is as per Township Board motion “#070226-11 - Maplewood Area Sewer”

 

            MOTION CARRIED.

 

#070409-06 - Remove Beechwood/Thornwood Dr. from the Maplewood Area Sewer Project

 

Moved by Dale Mohr, seconded by Daniel Carlton, to approve accepting the petition from more than 50% of the residents on Beechwood and Thornwood Dr. and to remove the Beechwood/Thornwood Dr. district from the Maplewood Sewer Project

 

Note:               This is as per Township Board motion “#070226-11 - Maplewood Area Sewer”

 

MOTION CARRIED.

 

#070409-07 - Second Reading and Adoption of Ordinance No. 2007-02, Solicitor and Transient

Merchant Ordinance

 

Moved by Del South, seconded by Stanley Sterk, to approve the second reading and adoption of Ordinance No. 2007-02, Solicitor and Transient Merchant Ordinance, as follows:

 

ORDINANCE NO.  2007-02

Solicitor and Transient Merchant Ordinance

An ordinance that regulates solicitation and transient merchants to protect and safeguard the health, safety and general welfare of the people of the Township.

 

The Charter Township of Georgetown ordains that Chapter 14 of the Code of Ordinances is amended as follows:

 

ARTICLE III.  SALESPEOPLE,AND SOLICITORS AND TRANSIENT MERCHANTS

 

Sec. 14-66.  Purpose

Sec. 14-66.  Registration; required information.

All house-to-house salespeople or solicitors who are not residents of the township, or persons associated with nonprofit organizations, must register at the township office, prior to making any solicitations or sales in the township. All other nonresident salespeople and solicitors are required to furnish the following information to the township:

(1)        Name and permanent address.

(2)        Temporary address.

(3)        Name and address of firm they represent.

(4)        Make, license number, and registration of automobile to be used while in the township.

(5)        Type of merchandise or publication to be distributed.

 

The purpose of the ordinance is to promote and safeguard the public health, safety, general welfare and peace of the people of the Township and to protect the people of the Township from endangerment associated with those who would take the opportunity to canvas streets with intentions to violate laws and ordinances.

 

Sec. 14-67.  Definitions

For purposes of this section, the following terms, phrases, words, and their derivations, shall have the meaning given in this section.

 

Person. The word "person" includes firms, joint ventures, partnerships, corporations, estates, trusts, units of government, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

 

Solicitor means any person who canvasses for social and political causes or for religious or charitable organizations.

 

Transient Merchant means any person traveling by foot, vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street who sells or offers for sale, or exposes for sale any goods, wares, merchandise or food or who attempts to take orders for the sale of goods, wares, merchandise or foods, or offers and exposes the same for sale, for future delivery, or for services to be furnished or performed in the future.

 

Sec. 14-68.  Permit required; exceptions.

No person eighteen (18) years of age or older shall engage in the business of being a transient merchant or solicitor within the Township without first obtaining a permit from the Township Clerk or designee.  The Township Clerk shall issue a permit without the payment of any fee.  A deposit, as established by the Township Board, shall be required for each transient merchant or helper.

(a)                The provisions of this ordinance shall not apply to any person organized and operating exclusively for religious purposes and not operated for the pecuniary profit of a person.

(b)               The provisions of this ordinance shall not apply to any solicitation for a charitable purpose by any person solely upon premises owned or occupied by it and solely among its officers, members or employees. 

(c)                Charities recognized by the federal and/or state authorities shall be exempt.

(d)               No permit shall be required of any person for any mere delivery in the Township of any property purchased or acquired in good faith from such person at his regular place of business where no intent by such person is shown to exist to evade the provisions of this chapter.

 

Sec. 14-69.  Application.

Applications for permits under this ordinance shall be filed with the Township Clerk upon forms furnished by the Township at least 7 days prior to the commencement of the proposed business of being a transient merchant or solicitor.

 

Sec. 14-70.  Permit Issuance.

The Township Clerk, or designee, shall issue a permit for a person to engage in the business of being a transient merchant or solicitor when the following are met:

(a)                A signed and completed application has been submitted on forms provided by the Township including length of time for the business of being a transient merchant and/or solicitor;

(b)               Personal identification with a picture is provided for each transient merchant, solicitor and helper;

(c)                A deposit in the amount designed by resolution of the Township Board is supplied to the Township for each transient merchant and helper at the time of application.  The deposit shall be returned to the transient merchant and/or helper when the time frame approved for the business of being a transient merchant has expired and their business of being a transient merchant has ended without violation of any federal, state and local laws or ordinances.

 

Sec. 14-71. Criteria

Transient merchants must meet the following criteria when conducting business:

(a)                Hours are restricted to 9:00 a.m. until 8:00 p.m.;

(b)               Abide by all federal, state and local laws and ordinances;

(c)                Must not have been convicted of a felony or have any outstanding warrants;

(d)               Must carry the permit on their person, along with picture identification when conducting business within the Township.

 

Sec. 14-72. Revocation.

The Township Clerk shall have the authority to suspend or revoke any permit if the transient merchant:

(a)                Violates any federal, state or local laws or ordinances;

(b)               Conducts business between the hours of 8:00 p.m. and 9:00 a.m. within the Township;

(c)                Is convicted of a felony;

(d)               Fails to carry picture identification and the permit while conducting business within the Township.

 

Sec. 14-73.  Right to Appeal.

Any person aggrieved by the action of the Township Clerk or designee in the denial of an application for a permit as provided in this ordinance, or in the decision with reference to the revocation of a permit as provided in this ordinance, shall have the right of appeal to the Township Board.  Such appeal shall be made by filing with the Township Board, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to such person’s last know address. The decision and order of the Township Board on such appeal shall be final and conclusive. 

 

Sec. 14-74.  Penalty  

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of this division, shall be 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. Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.

 

Severability

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

 

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 effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on March 26, 2007, published on April 3, 2007, read for the second time and adopted by the Georgetown Charter Township Board on April 9, 2007, published for the second time on April 17, 2007, and effective thirty days from second publication which is May 17, 2007.

 

            Note:               The Services Committee recommended approval

 

Yeas:   Bill Holland, Daniel Carlton, Del South, Marvin VanSomeren, Stanley Sterk, Dale Mohr

Nays:   none

Absent: Richard VanderKlok

 

            MOTION CARRIED.

 

 

#070409-08 - Second Reading and Adoption of Ordinance No. 2007-03, Dangerous and Exotic

Animal Ordinance

 

Moved by Del South, seconded by Marvin VanSomeren, to approve the second reading and adoption of Ordinance No. 2007-03, Dangerous and Exotic Animal Ordinance, as follows:

 

ORDINANCE NO.  2007-03

Dangerous and Exotic Animal Ordinance

An ordinance to amend the Code of Ordnances for Georgetown Charter Township to regulate exotic and dangerous animals.

 

The Charter Township of Georgetown (the “Township”) ordains:

 

Section 1.  Chapter 6 of the Code of Ordinances for Georgetown Charter Township is hereby amended by adding a new and additional Article VI to read as follows: 

 

ARTICLE VI.  Dangerous and Exotic Animals.

 

Sec. 6-39.  Definitions.

For purposes of this Article VI, the following words and phrases are defined as follows:

 

Dangerous animal shall mean any animal that has a dangerous or ferocious disposition, shows vicious habits, or has molested any person unlawfully in or upon any public street or place.  This definition also includes any wild or undomesticated animal.

 

Exotic animal shall mean any animal which is not normally considered to be a household pet or farm animal and which is potentially dangerous.  This definition of exotic animal includes, but is not limited to, the following:

 

a.                   Non-human primates.

b.                  Venomous cold blooded reptiles and other cold blooded animals that, if in contact with a human being, are capable of inflicting fatal injury to the average human being.

c.                   All poisonous animals.

d.                  Constrictor snakes three feet in length or longer.

e.                   Cats of the wild or exotic family including, but not limited to, bobcat, cheetah, cougar, jaguar, leopard, lion, lynx, mountain lion, panther, puma, or tiger.

f.                   Non-domesticated carnivores including hybrid crosses of non-domesticated carnivores (example bears and wolves).

g.                  Crocodiles and alligators.

h.                  Piranha fish.

i.                    Chondrichthyes (for example, sharks).

j.                    Struthie (for example, ostriches or emus).

k.                  Poisonous spiders or venomous or poisonous insects.

l.                    Proboscides or pachyderms (for example, elephants)

m.                Periasodactyla (generally, nonruminant ungulate mammals with odd number toes  such as a rhinoceros)

n.                  Artiodactyla (for example, a camel).

o.                  Otherwise normally wild animals (including, but not limited to, a wolverine, badger, deer, raccoon, skunk, or coyote).

p.                  Game cocks and other fighting birds or fowl.

 

Sec. 6-40.  Prohibitions.

It shall be unlawful for any person to keep, harbor, breed, or have possession of any of the following animals, whether licensed or unlicensed:

 

a.       Any exotic animal.

b.      Any dangerous animal.

c.       Any animal which has attacked or bitten any person or animal, or has destroyed any property or domestic animal.

d.      Any animal which appears to be suffering from rabies or affected with hydrophobia, mange, or other infectious or dangerous disease.

 

Sec. 6-41.  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.  Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.

 

Sec. 6-42.  Civil Liability.

In addition to the penalties and other remedies provided for a violation of this Article VI, should any person or firm violate any provision of this Article VI and should such violation result or contribute to injury or death to any person or damage to any property, the person who so violates this Article VI shall also be fully liable for any and all civil damages and liabilities which result in any fashion from such violation.

 

Sec. 6-43.  Exceptions.

This Article VI shall not apply to the following situations:

a.                   A lawful and accredited zoological park or aquarium which complies with the Georgetown Charter Township Zoning Ordinance and all other applicable local Township ordinances.

b.                  A lawful and accredited wildlife sanctuary which complies with the Georgetown Charter Township Zoning Ordinance and all other applicable local Township ordinances.

c.                   A lawful and accredited nature preserve which complies with the Georgetown Charter Township Zoning Ordinance and all other applicable local Township ordinances.

d.                  A lawful and accredited circus which complies with the Georgetown Charter Township Zoning Ordinance and all other applicable local Township ordinances.

e.                   A lawful and accredited bona fide scientific, medical or educations research facility which complies with the Georgetown Charter Township Zoning Ordinance and all other applicable local Township ordinances.

f.                   Any animal recognized by the Michigan Right to Farm Act (MCL 286.471 et seq.) which complies with all State of Michigan rules, regulations, requirements, and statures (including being in compliance with the generally accepted management practices regulations) and which complies with the Georgetown Charter Township Zoning Ordinance and any other applicable Township ordinances.

g.                  Any domestic cat or dog which complies with all other applicable Township ordinance, except for dogs which are predominantly wolf or coyote.

h.                  A lawfully and fully licensed veterinarian office or facility.

 

 

 

 

Section 2.  Severability

Should any portion of this ordinance be declared by a court of competent jurisdiction to be invalid, that shall not affect the balance of this Ordinance or any other portion of the ordinance, which shall remain in full force and effect. 

 

Section 3. 

Except as otherwise amended by this Ordinance, the balance of the Code of Ordinance for Georgetown Charter Township remains unchanged and in full force and effect.

 

Section 4.  Effective Date

This ordinance shall become effective on the thirtieth day after publication after adoption.  This ordinance was read for the first time on March 26, 2007, published on April 3, 2007, read for the second time and adopted by the Georgetown Charter Township Board on April 9, 2007, published for the second time on April 17, 2007, and effective thirty days from second publication which is May 17, 2007.

 

Note:               The Finance Committee recommended approval

(The Planning Commission recommended a ban on exotic animals)

 

Yeas:   Bill Holland, Daniel Carlton, Del South, Marvin VanSomeren, Stanley Sterk, Dale Mohr

Nays:   none

Absent: Richard VanderKlok

 

            MOTION CARRIED.

 

#070409-09 – Public Comment

 

No one was present to make public comments.

 

#070409-10 – Board Open Discussion

 

Bill Holland announced that there would be a meeting on Thursday, May 10, 2007 regarding the widening of Baldwin Street to five lanes from 20th Ave. to 28th Ave.

 

#070409-11 – Announcement of any scheduled meeting of interest to board members

 

Dale Mohr stated that a meeting regarding the Baldwin St. extension will be held on April 19, 2007.

 

#070409-12 - Reports from Standing Committees

 

            Finance Committee meeting minutes of April 6, 2007

 

#070409-13 - Meeting adjourned at 7:47 p.m.

 

 

                                               

William Holland, Supervisor

 

                                               

Del South, Clerk