[Adopted as Ch. 70, Art. IV, of the 2000 Code of Ordinances]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The former Grand Trunk Railroad right-of-way, which is owned
by the Village, as situated easterly of Buchanan Street and westerly
of Lake Avenue in the Village for a width of 100 feet for its entire
length, and easterly of Lake Avenue and westerly of Fruitport Road
for its entire length for a width of 50 feet.
Includes individuals, firms, joint ventures, partnerships,
corporations, clubs and all associations or organizations or natural
persons, either corporate or unincorporated, howsoever operated in
name, whether acting by themselves or by a servant, agent or fiduciary,
including all legal representatives, heirs, successors and assigns.
[Amended 4-18-2022 by Ord. No. 379]
A.
The occupancy and use of the Grand Trunk right-of-way shall be restricted
and regulated as follows:
(1)
No person shall discharge onto the Grand Trunk right-of-way any wastes
or wastewater, or shall place or permit to be placed any trash, debris,
junk or other such similar items; and no burning of any things or
items shall be permitted on the Grand Trunk right-of- way.
(2)
No person shall remove any growing vegetation from the Grand Trunk
right-of-way or disturb the soil or excavate such soil or remove any
soil from such Grand Trunk right-of-way.
B.
Upon prior application in writing by a person to the Village Manager,
the Village Manager, upon review of such application and the reasons
stated in such application and the receipt of an application fee in
an amount determined to be appropriate by the Village, may issue the
person a permit to do such things or activities as would otherwise
be prohibited by this article. Such permit when issued shall state
the terms and conditions deemed appropriate by the Village Manager
and shall be in effect for the length of time provided for in such
permit. Any person having a permit issued pursuant to this article
shall hold the Village harmless for any and all claims or damages
for injuries or to the property arising out of the activities carried
on in the Grand Trunk right-of-way by such person.
No unauthorized person shall enter to maliciously, willfully
or negligently break, damage, destroy, uncover, tamper with, deface
or otherwise harm any of the Grand Trunk right-of-way or any structure,
appurtenance, equipment or other part of the right-of-way.
This article shall not repeal, abrogate or annul or in any way
impair or interfere with existing provisions of other ordinances of
the Village or with state law, except where those have been specifically
repealed at the time of the adoption of this article. Where provisions
of any state law, rule or regulation or other Village ordinance which
may be applicable impose greater restrictions or other duties on persons
concerning Grand Trunk right-of-way than those restrictions and standards
contained in this article, then the provisions of such law, rule,
regulation or ordinance shall control.
Any violation of this article is declared to be a public nuisance.
[Amended 4-16-2018 by Ord. No. 348]
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.[1]
