[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 4-13-1988 by Ord. No.
49. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Midland
Township Vehicle Storage and Repair Ordinance."
The purpose of this chapter is to limit and restrict the outdoor
storage, parking, repair or unreasonable accumulation of junk, unused,
partially dismantled or nonoperating vehicles, including any conveyance,
trailer, boat, aircraft or new or used parts thereof, upon premises
within the Township; to provide restrictions concerning the repair
of said vehicles; to avoid injury and hazards to children and others
attracted to such vehicles; and to minimize the devaluation of property
values and the psychological ill effects of the presence of the same
upon adjoining residents and property owners.
For the purpose of enforcing the provisions of this chapter,
certain terms and words used herein shall have the following meanings:
A motor vehicle, boat, trailer, aircraft, or other conveyance
of any kind shall be deemed inoperable where any of the following
conditions exists:
Where it is being dismantled for the sale, salvage, repair or
reclamation of parts thereof.
Where it does not have all of its main component parts properly
attached.
Where any other or additional conditions exist which, in the
case of a vehicle, cause it to be incapable of being driven under
its own power, lawfully, upon the public streets, or which, in the
case of boats, trailers, aircraft or another conveyance of any kind,
cause it to be incapable of being operated for its designed purpose.
In the case of vehicles, means fenders, hood, wheels, radiator,
motor, windows, doors, muffler, body or essential parts of the engine,
and all such other parts or equipment as are necessary for the vehicle
to be lawfully driven upon the public streets pursuant to the Michigan
Vehicle Code (1949 Public Act 300, as amended),[1] and such parts and equipment as are necessary for the
vehicle to be operated for its designed purpose; or, in the case of
boats, trailers, aircraft or other conveyance of any kind, shall mean
such parts and equipment as are specified or required by any applicable
law, and such parts and equipment as are necessary for the same to
be operated for their designed purpose.
[1]
Editor's Note: See MCLA § 257.1 et seq.
A.
No person, firm or corporation shall park or store or permit to be
parked or stored upon any premises within the Charter Township of
Midland any vehicle, including any conveyance, boat, aircraft, or
trailer of any kind, or new or used parts therefrom, unless one or
more of the following conditions exist:
(1)
Such parking or storage is located within a fully enclosed building.
(2)
Such vehicle or conveyance is currently and validly licensed for
operation upon the public streets, is not inoperable, has all of its
main component parts attached, and is, in fact, regularly operated
for its designed purpose.
(3)
Such vehicles, boats, trailers, aircraft or conveyances are located in a duly licensed and properly zoned junkyard, salvage yard, new or used car dealer's lot or storage yard where such use or operations are legally authorized under Chapter 300, Zoning.
(4)
Such vehicle or vehicles are awaiting repairs or delivery to owners
at an authorized service station, garage, paint shop, or body shop
registered with the State of Michigan pursuant to 1974 PA 300,[1] as amended, provided such vehicle or vehicles are locked,
currently and validly licensed for operation upon the public streets,
and are not a public nuisance.
[1]
Editor's Note: See MCLA § 257.1301 et seq.
(5)
Such vehicle, boat, trailer, aircraft or conveyance, although temporarily
inoperable because of minor mechanical failure, has substantially
all of its main component parts attached; is, where subject to a license,
currently and validly licensed for operation upon the public streets
or, where subject to a registration only, is currently and validly
registered; and is not in any manner a dismantled vehicle; provided
that the premises shall not contain any such vehicle for longer than
14 days in any one calendar year, calculated on a cumulative basis
for the same or different vehicles and not withstanding that no one
such vehicle remains upon the premises for more than said fourteen-day
period.
(6)
A special permit is first obtained therefor for a period of not to
exceed 45 days from the Supervisor of Midland Township, or such other
officer or official as the Township Board may designate, to be granted
only in special hardship cases beyond the control of the applicant,
where special or peculiar circumstances exist, where no adjoining
property owner is adversely affected thereby and where the spirit
and purpose of these regulations are still observed.
B.
No repairing, redesigning, repainting, modifying or dismantling work or operation shall be allowed upon any vehicle, boat, trailer, aircraft or conveyance or parts thereof upon any public right-of-way or public property (except for emergency minor repairs not exceeding one hour in duration) or upon any property not zoned for such purpose except such occasional minor work by the owner thereof as may infrequently be required to maintain the same in normal operating condition; provided that no such occasional minor repair work shall be performed outside of a fully enclosed building, or in such a manner as to constitute a nuisance or annoyance to adjoining property owners or occupants; and further provided that no such repair activities shall violate any provisions of Chapter 300, Zoning.
Any parking, storage placement or operation in violation of
the provisions of this chapter are hereby declared to be a public
nuisance which may be enjoined or which may subject the violator to
the fines and penalties herein provided for.
A.
Any person or other entity who violates any provision of this chapter
is responsible for a municipal civil infraction as defined by Michigan
law and subject to a civil fine of not more than $500, plus costs,
which may include all direct or indirect expenses to which the Township
has been put in connection with the violation. In no case, however,
shall costs of less than $9 or more than $500 be ordered. In addition,
all violations of this chapter are declared a nuisance per se. The
Township specifically reserves the right and shall have the authority
to proceed in any court of competent jurisdiction for the purpose
of obtaining an injunction, restraining order or other appropriate
remedy to abate said nuisance and to complete compliance with this
chapter.
[Amended 4-12-1995 by Ord. No. 72]
B.
This chapter shall be enforced by the Supervisor of Midland Township
and/or by such other person or persons as the Township Board may designate
from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
