VILLAGE OF NASHVILLE, MICHIGAN

      THE FRIENDLY VILLAGE 

est. 1869

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Village of Nashville Junk / Garbage Ordinances

  • 01-22-1981 DISPOSAL OF GARBAGE AND REFUSE
  • 10-10-1968 NOXIOUS WEEDS
  • 10-08-1981 JUNKYARD AND JUNK VEHICLES
  • 04-17-1939 BUSINESS JUNKYARDS
  • 10-09-1986 INOPERABLE VEHICLES

ORDINANCE #1-22-1981 - Disposal of Garbage

An ordinance pertaining to the disposal of household refuse. The Village of Nashville ordains:

SECTION 1. DEFINITIONS:

[A] The term "household refuse" as used herein, shall include only: organic garbage from the preparation of food, paper, tin cans, bottle sand wrappings.

[B] The term "authorized refuse collection agent", shall be such person, firm or corporation with whom the Village of Nashville, by its Village Council, has entered into written agreement for the collection of household refuse within said Village of Nashville.

SECTION 2. HOUSEHOLD REFUSE CONTAINERS:

Every household or company of any dwelling houses having household refuse to dispose of, who does not otherwise provide for the disposal of such household refuse in a sanitary manner, shall provide himself with one or more airtight containers, sufficient to receive all household refuse which may accumulate between the time of collection.

SECTION 3. REFUSE CONTAINERS VIOLATION:

The placing in a household refuse container of any thing other than household refuse shall be a violation of this ordinance.

SECTION 4. COLLECTION BY AUTHORIZED AGENT ONLY:

No agent, firm, or corporation other than the Village or its authorized refuse collection agent shall remove any household refuse through the alleys, streets or other public ways of the village.

SECTION 5. EQUIPMENT USED IN COLLECTING HOUSEHOLD REFUSE:

The authorized refuse collection agent shall provide a refuse-packing truck so constructed that the contents will not leak or spill there from, in which all household refuse collected by him shall be conveyed to the place designated in his application. The refuse-packing truck shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley, or public place longer than is reasonably necessary to collect household refuse.

SECTION 6. EXPENSE OF HOUSEHOLD REFUSE COLLECTION:

The Village Council shall from time to time enter into a stipulation and agreement with a village authorized refuse collection agent for the removal of such household refuse and any other service agreed upon and said services shall be paid for by the village or such persons as stipulated in such agreement, it being provided however, that the agreement may provide for a separate arrangement insofar as collection from restaurants, boarding houses or other commercial establishments is concerned, and said agreement shall further provide for the time and frequency of said collection.

SECTION 7. BILLING:

The authorized refuse collection agent for household refuse collection shall bill each individual customer on a quarterly basis.

SECTION 8. PENALTY FOR VIOLATION:

Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.00.

SECTION 9.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 10.

This ordinance shall be in full force and effect within twenty days from its passage and publication according to law.

ORDINANCE #10-10-1968 (as amended 7-10-2003) - NOXIOUS WEEDS/PLANTS

AN ORDINANCE FOR THE CONTROL OF NOXIOUS WEEDS AND/OR PLANTS

The Village of Nashville ordains as follows:

SECTION 1. CUTTING OF GRASS AND WEEDS:

No person occupying said premises, and no person owning any unoccupied premises shall fail to keep down any ragweed, Canada thistles, burdocks, crab grass, quack grass, wild growing bushes, milkweeds, wild carrots, oxeye daises or other noxious weeds growing on property occupied by or owned by him or growing on that portion of a street which adjoins property occupied by or owned by him.

SECTION 2. DUTY OF OCCUPANT OR OWNER:

It shall be the duty of the occupant of every premises and the owner of unoccupied premises within the city, to cut and remove or destroy by lawful means, all such weeds and grass as often as may be necessary to comply with the provisions of Section 1 provided, that the cutting, removing or destroying of such weeds, grass and vegetation at least once in every two [2] weeks and or 12” high between May 1st and November 1st of each year, shall be deemed to be in compliance with the requirements of this chapter.

SECTION 3. WHEN CITY TO DO WORK:

If provisions of Section 1 and 2 are not complied with the Village President or the Village Clerk or either of their duly authorized representatives, shall notify the occupant, or owner of unoccupied premises, to comply with the provisions of said sections within a time to be specified in said notice, which notice shall be given as follows; either a) by delivering to the owner or occupant of said property either personally or by leaving it at his residence, office or place of
business with some person of suitable age and discretion; b) by mailing said notice by certified mail to such owner at his last known address; or c) if the owner is unknown and the premises are unoccupied the posting of said notice in some conspicuous place on the premises for five days.

If said notice is not complied with, within the specified time therein, the Village shall cause such weeds, grass and other vegetation to be removed or destroyed and the actual cost of cutting, removal or destroying plus 15% for inspection and other costs in connection therewith, shall be levied upon the property as a special assessment, and collected as other special assessments levied in the Village.

This ordinance shall take effect 21 days after its enactment and shall be published in the Maple Valley News.

ORDINANCE #10-8-1981 (AS AMENDED 11-9-2006) -
JUNK YARD AND JUNK VEHICLE ORDINANCE


AN ORDINANCE TO PROVIDE FOR CONTROL AND REGULATION OF OUTDOOR PARKING, ACCUMULATION, STORAGE AND/OR ABANDONMENT OF JUNK, INCLUDING JUNK MOTOR VEHICLES, AND JUNK FARM EQUIPMENT, WITHIN ALL AREAS OF THE VILLAGE OF NASHVILLE, TO PROVIDE FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND TO REPEAL ANY ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.

THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1. NAME:

This Ordinance shall be known and cited as "The Village of Nashville Junk Yard and Junk Vehicle Ordinance".

SECTION 2. DEFINITIONS:

The term "private premises" shall mean any lot or parcel of land owned or occupied by any person, firm or corporation, whether or not improved with any dwelling, house, building or other structure, whether inhabited or temporarily or continuously uninhabited or vacant.

SECTION 3. REGULATIONS:

A) Except to the extent permitted under State Law, no person, firm or corporation shall permit the parking, storage or accumulation thereof upon any public right-of-way, public property or private premises within the Village, of any junk, including junk motor vehicles, junk farm equipment or the parts of either, unless the same are wholly contained within a fully enclosed building or a completely walled enclosure, or other appropriate means so as not to be visible to public view, except for the following:

1. Motor vehicles in operating condition eligible for use in accordance with the requirements or the Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, as amended;

2. Motor vehicles in operating condition held as stock in trade by a regularly licensed dealership of new or used motor vehicles or equipment used in the operation of such dealership;

3. Motor vehicles or parts thereof located in junk yards or the places of business of wreckers duly licensed by state or village authority, pursuant to governing state law, or governing village law;

4. Motor vehicles temporarily inoperable due to minor mechanical failure, but which are not in any manner dismantled and have substantially all main component parts attached, may remain upon private property for not to exceed an aggregate total of fifteen (15) days;

5. Nor more than one modified vehicle in fully operating condition such as a stock modified, redesigned or reconstructed vehicle for a purpose other than that for which it was manufactured may be permitted, provided no building or garage is located upon the premises in which said vehicle could be parked or stored;

B) No repairing, redesigning, modifying or dismantling work or operation shall be allowed upon any vehicle or parts thereof except pursuant to authority conferred by the state or village under
governing law, or upon any public right-of-way or public property for a period in excess of one week, except such as shall be accomplished within fully enclosed buildings or completely walled enclosures; provided further, that such repairing, redesigning, modifying or dismantling shall be conducted in conformity with any applicable zoning ordinance and in such a manner as not to adversely affect the owners or occupants of adjoining property.

SECTION 4. NUISANCE:

Any parking, storage, accumulation, placement or operation in violation of the provisions of this ordinance is hereby declared to be a public nuisance which may be enjoined pursuant to governing law or for which the violator may be subjected to a suit for civil damages, as well as the fines and penalties herein provided.

SECTION 5. CONSTRUCTION:

This ordinance shall not apply to any junk yard, salvage yards, garages, dealerships, body or paint shops operating within the Village, which shall be licensed pursuant to governing state law or
governing the Village law, but shall be in addition to and not in conflict with all other laws and ordinance respecting junk and junk vehicles.

SECTION 6. SAVINGS CLAUSE:

The provisions of this ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void and unenforceable, for any reason, by a court, the remaining portion of said ordinance shall remain in force.

SECTION 7.

This ordinance shall in no way be deemed to be retroactive as to violations occurring prior to the passage of this ordinance.

SECTION 8. PENALTY:

Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

SECTION 9. PROCEDURE FOR COMPLAINTS:

Complaints are to be in writing to the Village Council. Council will proceed through adopted complaint procedure policy.

SECTION 10. EFFECTIVE DATE:

This ordinance shall take effect 21 days after the date hereof.

ORDINANCE #4-17-1939 - Business Junkyards

An ordinance to regulate the business of junking or wrecking automobiles and motor vehicles or other machinery, to provide for licensing of junk yards and carrying on of the business of wrecking or junking automobiles, motor vehicles or machinery, and to prohibit the carrying on of such business and the storing of wrecked or junked motor vehicles or the maintenance or junk yards within certain districts.

THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1.

No person or corporation shall own, operate, maintain or suffer to be maintained upon premises owned or occupied by him within the Village of Nashville, any junk yard or place of storage of any junk, discarded machinery, wrecked or dismantled motor vehicles or other machinery without first having secured a license or permit to do so from the Village Council.

SECTION 2.

Such license or permit shall be issued by the Village Clerk under the direction of the Village Council only after a petition shall have been filed with said clerk and favorably passed upon by the Village Council. Such petition shall set forth the location and description of said yard or storage place and the type of business to be carried on therein. If the Village Council shall deem such proposed junk yard or storage space to be a nuisance because of its unsightly location or because it shall be injurious to the public health on account of dirt, dust, smoke or noisome odors, then it shall deny such application; otherwise it shall be granted.

SECTION 3.

It is further provided that no such junk yard or storage space shall be located upon any property or lot bordering upon main street, between the intersection of Reed Street and the Michigan Central
Railroad Tracks.

SECTION 4.

Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

SECTION 5.

The maintenance and operation of any such junk yard or storage space, contrary to the provisions of this ordinance, are hereby declared to be nuisances, and to be ordered abated by the Village President; or such abatement may be had by aid of an action in equity.

SECTION 6.

All former ordinances or parts of ordinance conflicting with the terms of this ordinance shall be hereby repealed.

SECTION 7.

This ordinance shall take effect on the 15th day of May, 1939.

ORDINANCE #10-9-1986 - Inoperable Vehicles

An ordinance regulating the storage of dismantled, partially dismantled or inoperable motor vehicles, boats, machinery, equipment or parts thereof.

THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1. DEFINITIONS:

For the purpose of this ordinance, the following definitions shall apply:

(1) "Boat" shall mean a vehicle for use on the water which is self-propelled or intended to be self-propelled either mechanically or manually.

(2) "Dismantled or partially dismantled machinery and equipment" shall mean machinery and equipment from which some part or parts which are ordinarily a component of such machinery or equipment has been removed or is missing.

(3) "Dismantled and partially dismantled motor vehicle or boat" shall mean a motor vehicle or boat from which some part or parts which are ordinarily a component of such motor vehicle has been removed or is missing.

(4) "Inoperable machinery and equipment" shall mean any item or piece of machinery or equipment which by reason of dismantling, disrepair, or other cause incapable of functioning or being operated as it was intended to function or be operated.

(5) "Inoperable motor vehicle or boat" shall mean a motor vehicle or boat which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power, and an unlicensed motor vehicle or boat without a current valid registration.

(6) "Motor vehicle" shall mean any wheeled or unwheeled vehicle for use on land, in or on water, or in the air which is self-propelled or intended to be self-propelled either mechanically or manually.

(7) "Village" shall mean the Village of Nashville, Barry County, Michigan.

SECTION 2. STORAGE OF DISMANTLED, PARTIALLY DISMANTLED, OR INOPERABLE MOTOR VEHICLES, MACHINERY, AND EQUIPMENT, OR ANY PARTS THEREOF.

It is hereby declared to be unlawful for any person to store on, place on, or permit to be stored or placed on or allowed to remain on any platted or unplatted parcel of land within the Village a dismantled, partially dismantled, or inoperable motor vehicle, boat, machinery, or equipment, or any parts thereof, except as the same may be permitted under the pertinent provisions of the Village's Zoning Ordinance unless said dismantled, partially dismantled, or inoperable motor vehicle, boat, machinery, or equipment, or parts thereof, shall be kept in a wholly enclosed garage or other wholly enclosed structure; provided, however, that any bona fide owner, co-owner, tenant, or cotenant may store, permit to be stored or allow to remain on the premises of which he is the owner, co-owner, tenant, or co-tenant, any one such dismantled, partially dismantled, or inoperable motor vehicle, for a period of not to exceed fifteen (15) days is such motor vehicle is registered in his, her or its name. This ordinance shall not be construed to permit parking or placing of dismantled or partially dismantled motor vehicles, boat, machinery or equipment on any street area in the Village or in any yard, as now or hereafter defined by the Village's Zoning Ordinance.

SECTION 3. NUISANCE AND ABATEMENT:

In addition to any penalty imposed for a violation of this ordinance, the presence of a dismantled, partially dismantled, or inoperable motor vehicle, boat machinery, or equipment, or any parts thereof, on any platted or unplatted parcel of land in violation of this ordinance is declared to be a public nuisance subject to summary abatement by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, the Village may seek an order permitting it to enter onto land in violation of this ordinance to abate the nuisance and to apply any costs incurred as a lien on the land.

SECTION 4. PENALTIES:

Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

SECTION 5. EFFECTIVE DATE:

This ordinance shall take effect 20 days after its adoption.

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Last modified: 06/05/08