ANIMALS RUNNING AT LARGE
09-24-1981 CATV (CABLE)
01-08-1998-B LOCAL ACCESS CHANNEL &
EXHIBIT A (RULES)
03-22-2007-B COUNCIL PAY
06-05-1911 FIRING EXPLOSIVES
04-13-1937 GAMES
05-30-1996 SPECIAL ASSESSMENT
10-23-1997-A CIVIL INFRACTION ORDINANCE
02-22-1990 CONSUMERS ENERGY FRANCHISE
09-09-1999-A NONPARTISAN ELECTIONS
09-09-1999-B VILLAGE TREASURER (APPOINTED)
09-09-1999-C VILLAGE CLERK (APPOINTED)
11-09-2006-C VILLAGE PRESIDENT
TERM OF OFFICE
07-12-2007-A
CONDUCT AT MEETINGS
07-12-2007-B COUNCIL MEETING ATTENDANCE
ORDINANCE #12 (8-15-1892) - Animals
running at large
AN ORDINANCE ENTITLED, TO PROHIBIT THE RUNNING AT LARGE OF ALL KINDS OF FOWLS,
DOGS OR CATS.
SECTION 1.
The Common Council of the Village of Nashville ordains, that it shall be
unlawful for any person or persons owning fowls of any kind, dogs, or cats, to
permit them to run at large within the limits of said village.
SECTION 2.
Penalties 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.
SECTION 3.
This ordinance shall take effect on the sixth day of September, AD 1892.
ORDINANCE #9-24-1981 - COMMUNITY
ANTENNA TELEVISION SYSTEM ORDINANCE
AN ORDINANCE TO PROVIDE AUTHORIZATION OF CATV OPERATIONS WITHIN THE VILLAGE.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. AUTHORIZATION TO OPERATE:
No person shall install or operate a Community Antenna Television System within
the Village of Nashville without having first obtained a formally executed
Consent Agreement between the proposed installer or operator and the Village of
Nashville.
SECTION 2. DEFINITION:
Community Antenna Television System or "CATV" means a system of coaxial cables
or other electrical conductor and equipment used, or to be used, primarily to
receive television or radio signals for a fixed or a variable fee, including the
receipt, transmission and distribution of voices, sound, signals, pictures,
visual images or any other type of close circuit transmission by means of
electrical impulses.
SECTION 3. APPLICATION:
Any proposed installer or operator of a Community Antenna Television System
shall make formal application in writing to the Nashville Village Council. The
application shall include the following information:
(a) The name, mailing address and telephone number of the proposed operator.
(b) The Corporate Charter, Partnership Agreement or other similar document which
sets forth the legal status of the proposed operator.
(c) A list of the owners and officers of the proposed operator.
(d) The most recent annual finical statement of the proposed operator.
(e) A list of the proposed television and/or radio signals to be carried.
(f) A statement of the estimated cost of providing service to the Village and
the proposed operator will bear this cost.
(g) A detailed description of the method of installation of cable and other
electrical conductors and equipment.
(h) Evidence of all necessary easements or agreements to use or go upon the
property of another for installation, operation and Maintenance of the system.
(i) Evidence that the operator can obtain performance and labor and material
bonds.
(j) A schedule of all rates and charges to subscribers and users of the system.
(k) A specific timetable for providing services to residents within the Village.
(l) A description of services other than existing television signals which the
proposed operator intends to offer subscribers. Such services may include
two-way communications, public access channels, educational access channels and
local government access channels.
(m) A statement that the operator will comply with all existing Federal
Communication Commission Rules and Regulations related to CATV.
(n) Any other information, as may be requested by the Village Council.
SECTION 4. PUBLIC HEARING:
The Village Council shall hold a public hearing prior to selecting an operator
to provide CATV services within the Village. At such public hearing, the
applicant shall make formal presentation describing the services he intends to
provide. Citizens of the Village of Nashville shall be permitted to comment on
the applicants proposal.
SECTION 5. CABLE TELEVISION REVIEW BOARD:
A Cable Television Review Board is hereby created which shall evaluate, monitor
and review the performance and service of CATV operators. The Village Council
shall act as the Review Board and shall meet as often as necessary to carry out
the duties herein described.
The Review Board shall have the duties of:
(a) Holding public hearings on all aspects of a CATV operator's performance at
three (3) year intervals following the formal execution of a Consent Agreement.
(b) When applicable, reviewing the effectiveness of an operator in insuring
public access to the CATV medium.
(c) Providing the appeal and hearing mechanism for customer complaints which are
not resolved to the mutual satisfaction of the customer or the system operator.
The procedures established by the Review Board shall be consistent with the
operator's
Consent Agreement with the Village, and shall at all times insure and persevere
the full measure of due process of law; and
(d) Any additional responsibilities which may from time to time be necessary to
assure a CATV operator is performing consistent with the public health, safety
and welfare of the citizens of the Village of Nashville.
The Review Board shall have complete access to any and all records, documents or
information of a CATV operator necessary to evaluate and monitor the performance
of such operator and to resolve customer complaints.
SECTION 6. EFFECTIVE DATE:
This ordinance shall take effect twenty (20) days after its publication.
ORDINANCE #1-8-1998-B - Local
Access Channel
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF RULES AND PROCEDURES FOR USE OR
THE VILLAGES PUBLIC, EDUCATIONAL AND GOVERNMENTAL CABLE ACCESS CHANNELS.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. Purpose.
(a) The purpose of this Ordinance is to authorize the establishment of a system
of rules and procedures under which members of the general public, and
educational and governmental institutions, will have opportunity to produce and
present local cable programming. The Village of Nashville, acting through its
Cable Access Committee (hereinafter, the "Village"), desires to provide a means
for residents to develop programming and communicate on issues.
(b) This Ordinance, and the rules and procedures adopted in accordance with this
Ordinance, are intended to extend to all access programming irrespective of
where the programming was produced. To assure compliance, each individual or
group seeking to present programming on the system must first receive
authorization from the Village.
SECTION 2. Adoption of Rules and Procedures.
The "Rules and Procedures" attached as Exhibit A to this Ordinance, and
incorporated by reference are hereby adopted by the Village with respect to the
use of access channels on the Village's cable television system. The Rules and
Procedures applicable to the access channels may be modified or amended by
resolution of the Village Council from time to time.
SECTION 3. Conflicts and Severability.
(a) If any term or provision of this Ordinance is invalidated by a court of
competent jurisdiction the remaining provisions, terms, paragraphs, words and
sections shall not be affected thereby and shall remain in full force and
effect.
(b) Any and all ordinances, inconsistent or conflicting with any part of this
Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 4. Effective Date.
This Ordinance shall become effective twenty (20) days after its adoption or
upon its publication in a newspaper of general circulation with the Village,
whichever occurs later.
ORDINANCE #01-08-1998-B - EXHIBIT A
RULES AND PROCEDURES FOR THE USE OF ACCESS CHANNELS ON THE VILLAGE OF
NASHVILLE'S CABLE TELEVISION SYSTEM
SECTION 1. Definitions.
Unless the context specifically indicates otherwise, the following terms shall
have the meaning hereinafter designated.
ACCESS CHANNELS means channels made available to members of the general public,
education and governmental institutions for noncommercial local cable
programming.
CABLE CASTING means the distribution of programming over a cable system.
FRANCHISE means the consent agreement between Cable Michigan, Inc., and the
Village of Nashville, which has authorized Cable Michigan, Inc. to build and
operate a cable system.
PUBLIC ACCESS PROGRAMMING means programming produced or supplied by individuals,
community groups, educational institutions, or governmental agencies residing
within the area covered by the franchise.
VILLAGE means the Village of Nashville's Cable Access Committee, or its
designee.
SECTION 2. Users of System.
(a) Any individual or group may use the access channel on a first come, first
serve basis for the purpose of presenting noncommercial public, educational and
governmental programming. Any use of the access channel that is commercial in
nature is forbidden.
(b) Any group desirous of using the equipment and facilities shall designate one
or more individuals as the representative of the group.
(c) There is no minimum age restriction for use of the system; however,
participants under the age of eighteen (18) years must have on file with the
Village a Parental/Guardian/Adult/Supervisor Consent form.
SECTION 3. User indemnity.
(a) Any user of the access channel shall agree to indemnify and hold harmless
the Village, its officials, officers, committee, boards, commissions, agents and
employees against any and all liability arising out of such use or the breach of
these Rules and Procedures. The user shall further acknowledge that the Village,
its officials, officers, committees, boards, commissions, agents and employees
undertake no liability for damages, or for errors or emissions resulting from
the administration of these Rules and Procedures.
(b) Any user, as well as any group which the user represents, of the access
channel, equipment or facilities shall be responsible for the cost of any repair
or replacement of such equipment or facilities resulting from damage, misuse, or
theft which occurs while the equipment or facilities are in the user's
possession or control.
SECTION 4. Scheduling and Procedures.
(a) Channel time, production equipment and facilities will be available on a
first come, first serve basis, to insure the greatest availability to all access
users, as further described herein.
(b) Prerecorded (videotaped) programming may be cable cast on the access
channel. For technical and promotional reasons, advance scheduling is necessary.
The Village will consider a user's request for a specific time slot, but the
Village reserves the right, in its sole discretion, to schedule a program at a
time that is consistent with its efforts to establish a significant audience for
local programming.
(c) All application for program time must be completed and returned to the
Village at least two (2) weeks prior to the date requested. The application must
be completed when returned and include all requested information.
(d) All prerecorded programming shall be accompanied by a written description of
the subject matter and general nature of the material contained therein. The
Village reserves the right to fully preview all programming to determine
compliance with applicable law and these Rules.
(e) Scheduling of regular time slots in a series of up to thirteen (13) weeks'
duration shall be permitted, if time is available, provided that:
(1) The user demonstrates a commitment to the series by supplying the initial
three (3) programs on videotape for a prerecorded series, or supplying the
initial three (3) scripts for a live series, prior to the scheduling of series
time, and;
(2) The user shall relinquish the right to the scheduled time slot if the
programs are not provided as scheduled.
(f) Whenever the request for time slots exceeds availability, the following
principles of prioritization shall apply (with the exception of regular time
slots):
(1) First time users may be granted priority over regular users;
(2) A user who has not previously been scheduled in prime time, (6:00 p.m. to
11:00 p.m..), may be granted priority with respect to prime time scheduling; and
(3) Users with the least number of production hours may be granted priority over
users with greater number of hours.
(g) All programming shall be produced on VHS format.
SECTION 5. Program Content and Ownership.
(a) Access users shall be solely responsible for the content of their
programming and for obtaining all rights necessary to cable cast any program
material. The following program material is prohibited and shall not be cable
cast:
(1) Any advertising material designed to promote the sale of commercial products
or services, including advertising by or on behalf of candidates seeking public
office or other ballot proposals.
(2) Any obscene or indecent material as defined by federal and state law.
(3) Any advertisement of or information concerning any lottery gift enterprise,
or similar scheme offering prizes dependent in whole or in part on chance.
(4) Use of unauthorized copyrighted licensed or similar material.
(5) Any direct solicitation of funds that would benefit the usurer his/her
agent.
(6) Material the defames any racial, ethnic, sexual, age or religious group.
(7) Any avocation of violence or fighting words which are designed to invoke
violence.
(8) Noncompliance with applicable federal, state and local laws and regulations.
(9) Any slanderous or libelous materials.
(10) Any fraudulent or deliberate misinformation which may result in harm to any
individuals.
(11) Any program that does not contain a disclaimer at the beginning and/or end
of each program. For example: "The views and comments expressed on this program
are those of the participants and not those of the Village."
(b) The Village will not exercise control over the content of access programs;
however, this limitation shall not prevent the Village from taking appropriate
steps to ensure compliance with these Rules, including the right to preview,
review and deny cable casting of programming in violation thereof.
(1) Videotaped programs must be submitted to the Village at least five (5) days
in advance of their scheduled cable cast. This requirement may be waived at the
discretion of the Village. Content outlines and/or scripts for proposed "live"
programming must be provided to the Village at least fourteen (14) days in
advance of scheduled cable cast. The Village reserves the right to preview or
review all programs and materials before or after cable casting to determine
compliance with the standard set forth section 5(a). In the event any program or
programming material is determined by the Village to be in possible violation
with these Rules, the Village may elect to pursue any of the following options:
a. Discuss with the producer the ramifications of cable casting the material.
b. Schedule the program at a time appropriate for its content.
c. Run a disclaimer warning viewers of the presence of discretionary material.
d. Reject the program.
e. Present upon written appeal by the producer, the program to the Village Cable
Access Committee for review.
f. Present upon written appeal by the producer, the program to the Village
Council for final disposition.
(c) Access programming shall include public, educational and governmental
noncommercial public interest programming. The access Channel equipment and
facilities shall not be used by an access user for financial gain or other
commercial purpose, including the production of programming produced for sale to
commercial television stations or for which the producer or other parties
purchase time for such presentation on commercial television stations or cable
television systems. Access programming shall not be used in connection with any
advertising material designed to promote the sales of commercial products or
services, or in connection with any programming in which appeals for funds are
made. Advertising material includes, but is not limited to, the following:
(1) Messages whose primary purpose is intended to promote a service, product
individual trade, or business;
(2) Program material made available without charge by persons, corporations, or
institutions which have a commercial interest in the subject matter. This
provision shall not prevent the identification by name only of persons or
institutions providing grants or contributions to underwrite the cost of
programs unrelated to the commercial interests of the donor;
(3) Material which identifies any product individual service trademark or brand
name in a manner which is not reasonably related to the noncommercial use of
such product, service, trademark or brand name on the program.
(d) Any user providing access programming shall be required to advise the
Village whether their programs involve the use of copyrighted or licensed
material or material subject to other ownership or royalty rights. If so, the
user must obtain all necessary clearances and make all necessary arrangements
with the program owners, copyright owners and owners of any performing or
royalty rights and before the program may be presented over the facilities of
the cable system. Any violation of section 5(a) or 5(c) will subject the user to
immediate forfeiture of the privilege of using the access channel, equipment and
facilities with respect to such programs.
(e) An access user shall grant the Village a license to cable cast the access
programming. Such license shall be exclusive in the case of access programming
produced through the equipment and facilities of the Village and a user shall
not otherwise publicly exhibit or distribute such programming without the prior
written permission of the Village.
(f) The Village will notify producers of the nature of all viewer complaints.
The Village reserves the right to review all programming for which a complaint
has been registered to determine whether the program in question is in violation
of these rules. Viewers wishing to file a formal complaint shall do so in
writing. All formal, written complaints will be presented to the Village's Cable
Access Committee for review unless resolution of the complaint can be
accomplished to the satisfaction of all parties at an earlier time.
(g) All users of access time assume complete responsibility for the content of
the programming provided. Any disputes which arise concerning the programming
shall be resolved between the user, the complaining party and, where applicable,
the Village. The Village assumes no responsibility to the user or any other
party for any liabilities which may arise as a consequence of presentation of
access programming and users shall defend indemnify and hold the Village
harmless for all liability of any kind whatsoever, including costs of legal
defense arising from the presentation of programming provided by the user. Users
are cautioned, therefore, to be aware of
applicable state and federal laws. Users may be required to sign a separate
acknowledgment regarding the user's assumption of responsibility,
indemnification and defense of the Village before using the access programming.
(h) The Village reserves the right to preempt any program for the presentation
of a "special" production. In such cases, the Village will reschedule the
preempted program and notify the producer or sponsor of the scheduling change.
SECTION 6. Equipment.
(a) An access user may schedule the use of equipment for the production of
access programming. No user will be permitted to operate the public access
equipment without first completing an
application and any required Parental/Guardian/Adult Advisor Consent form.
Limits are placed on the total number of hours each facility may be reserved per
month to encourage use by as many individuals and organizations as possible.
These hourly restrictions are as follows:
Portable Equipment - 24
Hours Per Session / 96 Hours Per Month
Equipment may not be reserved for consecutive sessions.
(b) An access user shall submit a facility request form in order to reserve
equipment. All requests shall be submitted in person. Facility requests forms
will be processed and users will be notified only if there is a time conflict
and equipment is not available.
(c) In the event a user fails to use the equipment reserved without
twenty-four-hour notice of cancellation, that user may be prohibited from use of
that facility and/or equipment for a period of thirty (30) days. Users showing
up thirty (30) minutes late for use of reserved equipment without notification
effectively relinquish their reservation which may then be available to other
users. Users may also be prohibited from use of that equipment for a period of
thirty (30) days. Repeated offenses may result in indefinite suspension.
(d) Users will sign the Facility Request form agreeing to be financially
responsible for damage or loss of equipment during the period it is reserved in
their name. Lost or damaged equipment must be replaced with equivalent
equipment, as reasonably determined by the Village, within seven (7) days.
Failure to comply within this time period will result in suspension from use of
all facilities until the lost item has been replaced. The user will not be
responsible for normal wear and tear of equipment.
(e) Portable equipment will be checked out and in by the Village or its
designated agent. Equipment will be thoroughly examined both at check out and
return to determine the condition of the equipment at the time. Users should
allow time in their production planning for this procedure.
SECTION 7. Enforcement.
(a) The Village shall supervise and control the implementation of these Rules.
The Village may also designate additional persons as necessary or advisable to
assure the efficient implementation and operation of the public, educational and
governmental access channel and these Rules.
The Village Council shall:
(1) Oversee the implementation of these Rules;
(2) Supervise and review the actions and decisions of the Cable Committee; and
(3) Interpret the rulings of the Cable Access Committee.
(b) The Cable Access Committee shall, either directly or through authorized
representative;
(1) Supervise the implementation of these Rules;
(2) Exercise control and institute actions against users violating these Rules
or the enabling Ordinance, and complete compliance with the same;
(3) Review applications and determine programming;
(4) Investigate complaints of violations of these Rules;
(5) Issue notices of violations;
(6) Collect and disseminate information on the public, educational and
governmental access channel;
(7) Coordinate activities under these Rules; and
(8) Perform any other actions authorized by these Rules or as necessary or
advisable for the management and operation of the public, educational and
governmental access channel and the enforcement of these Rules and other
applicable laws and regulations.
(d) Whenever the Cable Access Committee finds that a user has violated or is
violating these Rules, the Cable Access Committee may summarily suspend the
user's broadcast privilege. Within a reasonable time, the Cable Access Committee
shall serve upon such user a written notice stating the nature of the violation
and providing a reasonable time limit for a satisfactory correction of the
violation. The user shall, within the period of time stated in the notice, cease
all violations and notice shall be served on the user specifying the time and
place of a hearing to be held by the Cable Access Committee regarding the
violation, the reasons why the action is being taken, the proposed enforcement
action. The notice shall also advise the user, if it so desires, that it may
show cause before the Cable Access Committee why the proposed enforcement action
should not be taken. Any such hearing held by the Cable Access Committee need
not follow formal evidentiary or procedural rules.
(e) A decision of the Cable Access Committee may be appealed to the Village
Council, in writing, within fifteen (15) days from the date of the Cable Access
Committee action. A notice of appeal shall be filed with the Village Clerk at
Village Hall and the Cable Access Committee. The notice of appeal shall specify
the grounds for the appeal. Failure to file a timely notice of appeal shall be
deemed a waiver of the appeal.
(1) Prior to any such hearing before the Village Council, the Cable Access
Committee shall transmit to the Village Council a written summary of all
substantive action taken in connection with the matter.
(2) The Village Clerk shall fix a reasonable time for the hearing of the appeal
and shall give notice of the appeal to interested parties.
(3) The Village Council shall decide the appeal within a reasonable time. The
Village Council may reverse or affirm, in whole or in part, the action appealed
from, or make any order, requirement, or determination as, in its opinion, ought
to be made in the case under consideration. Formal evidentiary and procedural
rules need not be followed by the Village Council with respect to any such
appeal.
(f) The Village reserves the right to suspend or revoke the privilege or use of
the access channel, equipment and facilities for violations of these Rules or to
refuse the use of its equipment or facilities to any individual who interferes
with the orderly conduct of its business; who appears to be under the influence
of alcohol or drugs; who refuses to cooperate with or in any way abuses Village
agents and/or employees; or who misused equipment, failed to return it on time,
or who has in any way abused the privilege of the access channel, equipment or
facilities.
SECTION 8. General.
(a) The Village will not be responsible in any way for the content or quality of
access programs produced by others. The Village does, however, reserve the right
to reject any program not technically compatible with standard cable casting
equipment or otherwise technically unsuitable for viewing on a subscriber's set.
(b) Users shall acknowledge and agree that the access service provided is
subject to many uncertainties of application under federal, state and local law
and that in light of these uncertainties, and the experience gained by the
Village in providing these services, these rules may be changed unilaterally by
the Village at any time.
(c) Users shall further acknowledge and agree that the Village, its council,
officials, officers, Cable Access Committee, agents and employees, whether
jointly or severally, in their corporate or personal capacity, shall not be held
liable for damages, direct, consequential, or of any kind or nature for any good
faith acts or omissions taken in connection with the administration of these
rules or the public, educational and governmental channels. Such acts or
omissions include, but are not limited to, the following:
(1) Scheduling decisions made by the Village, and the failure to present
programs at the dates and times applied for;
(2) A decision by the Village that any program provided by the user would
violate these Rules, the enabling ordinance or other applicable local, state, or
federal law, or;
(3) Technical causes or problems of any nature beyond the control of the
Village.
(d) All applicants must make their own arrangements to deliver their proposed
program materials to the Village offices and to pick up that material if and
after it has been presented over the cable system. Any program material not
picked up within sixty (60) days after its presentation on the cable system will
be considered to have been abandoned by the owner. The Village will not be
responsible for the delivery or return of any tapes, films or program materials
proposed for cable presentation. The Village will not be responsible for the
loss, destruction, theft or damage of such tapes, films or other materials where
such loss, destruction, theft or damage is due to acts of nature or to causes
beyond the Village's control.
(e) An access user acts on his or her own behalf and not as an agent of the
Village and shall not make any representation to the contrary to any third
party.
(f) Certain regulations contained within these Rules may not apply due to the
availability of equipment, personnel and/or the restrictions in the Village's
franchise agreement.
ORDINANCE #3-22-2007-B -
PRESIDENT/TRUSTEE PAY
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1 TITLE
This ordinance shall be known and cited as the “President/Trustee Pay Ordinance”
SECTION 2 PURPOSE AND SCOPE
A. The purpose of this ordinance is to set the pay for the village president and
trustees for the Village of Nashville in accordance with Chapter IV, Section 21
of Act No. 3 of the Public Acts of 1895, as amended.
SECTION 3 PRESIDENT/TRUSTEE PAY REGULATIONS
A. The President of the Village of Nashville shall receive $75.00 per meeting,
and the Trustees of the Village of Nashville shall receive $45.00 per meeting
for each regular meeting of the village council attended by them during their
term of office.
B. The pay for each council member assigned to a committee or board will be at
the rate of $10 for each committee or board meeting attended. Payment will be
made for not more than one scheduled meeting per month for each committee or
board.
($10 per committee/board meeting - 1 meeting per month)
C. The president or any trustee may waive all or a portion or his/her
compensation for the performance of the duties of their office by filing a
written notice to this effect with the clerk. The notice must state the waiver
period to be applied. The clerk may rely on any such notice received in
computing payments due to the president or any trustee.
D. The president and trustees will be paid on a quarterly basis with quarters
ending March 31, June 30, September 30, and December 31 of each year.
SECTION 4 SEVERABILITY
The provisions of this Ordinance are declared to be severable and if any clause,
sentence, word, section or provision is declared void or unenforceable for any
reason by any court of competent jurisdiction, it shall not affect any portion
of this Ordinance other than the part or portion thereof.
SECTION 5 REPEAL
Village of Nashville Ordinance No. 63 is hereby repealed in its entirety as of
the effective date of this Ordinance. Additionally, all other ordinances or
parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 6 EFFECTIVE DATE
This ordinance shall take effect upon its publication.
ORDINANCE #30 (6-5-1911) - Firing
Explosives
AN ORDINANCE TO PROHIBIT THE FIRING OF DANGEROUS EXPLOSIVES IN THE VILLAGE OF
NASHVILLE.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1.
That it shall be unlawful for any person or persons to fire, shoot or explode
any gun, revolver, toy pistol, blank cartridge, cannon or giant firecracker,
torpedo cane, or any other dangerous explosive in any street, lane, alley,
highway, park or other public place within the Village of Nashville.
SECTION 2.
Any person or person violating the terms of this ordinance shall, upon
conviction thereof by a court of competent jurisdiction, be punished by a fine
of not less than one dollar nor more than one hundred dollars or by imprisonment
in the county jail for the County of Barry for not less than ten days nor more
than thirty days; or both such fine and imprisonment in the discretion of the
court.
This ordinance shall take effect July 1st, 1911.
ORDINANCE #19 (4-13-1937)-(as amended
5-28-1981)
- Games
TERMS OF ORDINANCE:
GAMES: Wherever used in this ordinance shall include billiard, pool, ball or
bowling, cards, pinball, vending machines and all other electronic games.
OWNER: Shall mean any person, persons, corporation or association who owns,
leases, manages, or maintains games, as defined above, for the purpose of
providing an area for such for profit.
SECTION 1.
The Village of Nashville ordains that it shall not be lawful for any owner to
keep or maintain, any place, resort, halls or rooms, wherein the public is
permitted to play games, without first having obtained a license therefore, from
the proper Village authorities.
SECTION 2.
That said license shall be good for a period of one (1) year from its date. The
Village authorities shall in no case issue such license until convinced the
party or parties applying therefore are of good moral character, and shall not
issue such license until the party or parties applying therefore, shall have
paid the sum of fifteen dollars ($15.00) for the same.
SECTION 3.
Any person, persons, corporation, or association desiring to obtain such a
license shall apply therefore in writing, setting forth that they are fully
acquainted with the provisions of this ordinance and therein agreeing to fully
comply with its provisions in each particular; also setting forth the place or
places in which said business is proposed to be carried on and shall attach
their
signatures to said application, which, together with said fee of fifteen dollars
($15.00) shall be deposited by them with the Clerk of said Village, who shall
present the same to the Common Council thereof. The said council shall approve
or reject said application in its discretion, and may reject said application
provided the location of said halls, rooms, or resorts are not approved by them
or provided the party or parties, applying thereof are not of good moral
character, or provided said party or parties, shall have been operating and
doing business under this ordinance, and shall have failed to comply with any of
its provisions.
If the application shall be approved, the Clerk of said Council shall recite all
of the restrictions and regulations of this ordinance and issue a license to the
party or parties applying therefore. Such
license shall be displayed by the owners thereof in such hall, place or resort,
so that the same will be visible to the public frequenters, of said place or
places.
SECTION 4.
The owner of said games shall not allow intoxicating beverages or controlled
substances, according to the State law of Michigan, on said property.
SECTION 5.
The owner of such games shall restrict students from playing games while school
is in session. All other hours shall be subject to Council approval.
SECTION 6.
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 7.
In case of violation of any of the provisions of this ordinance the council may
in its desecration revoke said license and declare the money paid therefor,
forfeited to the Village.
This Ordinance will take effect on the 17th day of June AD 1981.
ORDINANCE #5-30-1996 - Special
Assessment
AN ORDINANCE ESTABLISHING SPECIAL ASSESSMENT PROCEDURES FOR THE VILLAGE OF
NASHVILLE
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. Establishment of Special Assessment Districts. A special assessment
may be established to pay for all costs associated with any Village public
improvement or repair as authorized by law. As used herein, such costs shall
include all administrative costs associated
with the establishment of a special assessment district as well as all
engineering, legal, professional and construction costs associated with the
improvement.
SECTION 2. Determination to Defray Costs by Special Assessment. The Village
Council shall have the power to determine by resolution that the whole or a part
of any public improvement or repair will be defrayed by special assessment upon
property specially benefited.
SECTION 3. Resolution to Defray Costs by Special Assessment. The resolution
provided for in Section 2 may be initiated by the Village Council.
Alternatively, the resolution may be adopted in response to a petition filed
with the Village Clerk, which petition is signed by at least fifty percent (50%)
of the record owner(s) of property to be assessed for the improvement requesting
that the improvement be made and that its cost be defrayed by special assessment
upon the property
benefited. Such petition may be considered by the Village Council, but shall be
advisory only.
SECTION 4. Action Initiated by Village Council. Where a special assessment is
initiated by the Village Council, notice as specified in Section 8 shall be sent
at the direction of the Village Council advising that the Village will consider
adopting a resolution to establish a special assessment.
SECTION 5. Action Initiated by Village Council Upon Petition. Where a special
assessment is initiated by the Village Council upon petition as provided for in
Section 3, notice shall be sent as specified in Section 8.
SECTION 6. Determining Record Owners of Land. Record owners of property shall be
determined based on records recorded with the Register of Deeds office on the
date a petition is filed. In determining the sufficiency of a petition, property
not subject to special assessment and property within public highways, streets
or alleys shall not be included in computing frontage or assessment area.
Any petition filed may be supplemented as to signatures by the filing of an
additional signed copy or copies.
SECTION 7. Plans; Cost Estimate; Tentative Designation of District; Hearing;
Supplemental Petition. Upon determination by the Village Council to establish a
special assessment district, the Council shall cause plans showing the
improvement or repair, the location of the same, and an estimate of the cost to
be prepared. Upon receipt of the plans and estimate, the Council shall order the
same filed with the Village Clerk and, if it desires to proceed further with the
improvement, it shall be resolution tentatively declare its intent to make the
improvement and designate the special assessment district against which the cost
of the improvement will be assessed. The Village Council shall then fix a time
and place to meet and hear objections to the petition if a petition has been
made, to the improvement and to the special assessment district, and shall cause
notice of the hearing to be published in a newspaper circulating in the Village,
the publication to be at least 10 days prior to the hearing. The notice required
by Section 8 shall also be given. In addition to those requirements imposed by
law, the notice shall state that the plans and estimates are on file with the
Village Clerk for public examination and shall contain a description of the
proposed
special assessment district.
At the time of the hearing, or any adjournment thereof which may be without
further notice, the Village Council shall hear any objections to the petition,
if a petition has been filed, to the improvement and to the special assessment
district and may, without further notice, revise, correct, amend or change the
plans, estimate, cost or special assessment district. Property shall neither be
added to the district nor shall costs in excess of 10% of the original estimate
be increased unless another hearing is held and noticed in accordance with this
Section and Section 8. Railroad companies shall file with the secretary of state
the name and address of the person upon whom notice of any proceedings under
this ordinance may be served and, when so filed, notice in addition to the
notice by publication shall be given to the person by registered mail, or
personally, within five days after the first publication of the notice. An
affidavit of the service shall be filed with the proof of publication.
SECTION 8. Notice of Hearing.
(1) Notice of hearings in special assessment proceedings shall be given as
provided by law and this Section in addition to any notice required to be given
elsewhere in this Ordinance.
(2) Notice of hearings in special assessment proceedings shall be given to each
owner or party in interest in property to be assessed, whose name appears upon
the last Village tax assessment records.
Notice shall be sent by first-class mail addressed to the owner or party at the
address shown on the tax records, at least 10 days before the date of the
hearing. The last Village tax assessment records means the last assessment roll
for advalorem tax purposes which was reviewed, as supplemented by any subsequent
changes in the names or addresses of the owners or parties listed thereon. A
notice shall contain any information required by law including, without
limitation, Act No. 162 of the Public Acts of 1962, as amended.
(3) Where a person claims an interest in real property whose name and correct
address do not appear upon the last Village tax assessment records, he shall be
obligated to immediately file the name and address with the Village Assessor.
This requirement shall be deemed effective only for the purpose of establishing
a record of the names and addresses of persons entitled to receive notice in
special assessment proceedings. It shall be the duty of the Assessor to
immediately enter on the tax assessment records any changes in the names and
addresses of owners or parties in interest filed and at all time to keep the tax
assessment records current and complete and
available for public inspection.
(4) A Village officer whose duty is to give notice of hearings in special
assessment proceedings may rely upon the last Village tax assessment records in
giving notice by mail. This method of giving notice is declared to be the method
that is reasonably certain to inform those to be assessed of the special
assessment proceedings.
(5) Failure to give notice as required in this section shall not invalidate an
entire assessment roll, but only the assessment on property affected by the lack
of notice. A special assessment shall
not be declared invalid as to any property if the owner or the party in interest
actually received notice, waived notice or paid any part of the assessment. If
an assessment is declared void by a tribunal of competent jurisdiction, a
reassessment against the property may be made.
SECTION 9. Resolution to Make Improvement; Sufficiency of Petition:
Determining District; Making Special Assessment Roll. If the Village Council,
after the hearing provided for in Section 7, desires to proceed, it shall
determine by resolution the necessity of the public improvement and shall
approve the plans and estimate of cost as originally presented or as revised,
corrected, amended or changed, as well as the proposed special assessment
district, the recommendations as to the portion to be borne by the district and
the Village, if any, and shall also determine the sufficiency of the petition
for the improvement where a petition has been filed. Where a petition has been
filed, its sufficiency shall not be subject to challenge after the Council's
determination of necessity. After determining the necessity of the special
assessment district, the Village Council shall direct the Assessor to make a
special assessment roll in which shall be entered and described all the
properties to be assessed, with the names of the respective owners, if known,
and the total amount to be assessed against each property, which amount shall be
the relative
benefit to the particular property as a portion of the total benefit to all
properties in the special assessment district. When the Assessor completes the
assessment roll, he shall affix his certificate
stating that it was made pursuant to a resolution of the Village Council adopted
on a specified date, and that in making the roll he has, according to his best
judgment, conformed in all respects to
the directions contained in such resolution and by law.
SECTION 10. Confirmation of Special Assessment Roll. When a special assessment
roll is reported by the Assessor to the Village Council, it shall be filed with
the Village Clerk. Before confirming the roll, the Council shall schedule a time
and place when it will meet and review the same and hear objections, and shall
cause notice of the hearing and the filing of the assessment roll to be
published in a newspaper circulated in the Village, the publication to be at
least 10 days before the hearing. In addition, the notice required by Section 8
will be given. The hearing may be adjourned from time to time without further
notice. A person objecting to the assessment roll
shall appear and protest before the close of the hearing or within such further
time as the Village Council may allow. After the hearing, the Village Council
may confirm the special assessment roll as reported to it by the Assessor or as
amended or corrected by it, or may refer it back to the Assessor for revision,
or may annul it and direct that a new roll be prepared. The Village Clerk shall
endorse the date the special assessment roll was confirmed.
SECTION 11. Contesting or Enjoining Collection. An action may not be instituted
for the purpose of contesting or enjoining the collection of a special
assessment unless:
(1) The owner or party in interest appeared and protested at the hearing on the
special assessment roll;
(2) Within 15 days after the confirmation of the special assessment roll,
written notice is given to the Council indication an intention to file an appeal
and stating the grounds on which it is claimed that the assessment in illegal;
and
(3) The appeal is commenced within 30 days after the confirmation of the roll.
SECTION 12. Payment of Installments. After the special assessment roll is
confirmed, the Village Council may provide that the same shall be payable in one
or more approximately equal annual installments. The amount of each installment,
if more than one, need not be extended upon the special assessment roll until
after confirmation. The first installment of a special assessment shall be due
on or before the time after confirmation as the Village Council shall fix, and
any subsequent installments shall be due at intervals of 12 months from the due
date of the first installment or such other date as the Village Council shall
fix. All unpaid installments prior to their transfer to the Village tax roll
shall bear interest payable annually on each installment due date, at a rate to
be set by the Village Council not exceeding 8% per annum, such interest to
commence as fixed by the Village Council. Future installments of an assessment
may be paid to the Village Treasurer at any time in full, with interest accrued
to the due date of the next installment. If an installment of a special
assessment is not paid when due, then the same shall be deemed delinquent and
there shall be collected thereon, in addition to interest provided above, a
penalty at the rate of 1% for each month, or fraction thereof, that the same
remains unpaid before being reported to the Village Council for reassessment
upon the Village tax roll.
SECTION 13. Lien. Special assessments and all interest and charges thereon
shall, from the date the roll is confirmed, constitute a lien upon the
respective properties assessed. Such lien shall be of the same character and
effect as the lien created by Village taxes and shall include accrued interest,
charges and penalties and may be collected as delinquent Village property taxes
or by a suit against the person(s) owning such property. No judgment or decree
or any act of the Village Council vacating a special assessment shall destroy or
impair the Village's lien upon the property assessed for such amount of the
assessment as may be equitably charged against the same.
SECTION 14. Warrant to Collect Assessments. After a special assessment roll is
confirmed, the Village Council shall direct that the assessments made be
collected. The Village Clerk shall deliver to the Village Treasurer the special
assessment roll, to which he shall attach his warrant commanding the Village
Treasurer to collect the assessments in accordance with the directions of the
Council. The warrant shall further require the Village Treasurer on May 1
following the date when any such assessments or any part becomes due to submit
to the Village Council a sworn statement setting forth the names of the persons
delinquent, if known, a description of the properties upon which they are
delinquent and the amount of such delinquency, including accrued interest,
charges and penalties computed to May 1 of such year. Upon receiving the special
assessment roll and warrant, the Treasurer shall proceed to collect the several
amounts assessed.
SECTION 15. Delinquent Assessments. In case the Treasurer shall report as
delinquent any assessment or part thereof, the Village Council shall certify the
same to the Assessor, who shall reassess on the annual Village tax roll of such
year in a column headed "Special Assessments" the sum so delinquent, with
interest, charges and penalties to May 1 of such year, and an additional penalty
of 6% of the total amount. Thereafter, the statutes relating to Village taxes
shall be applicable to such reassessments.
SECTION 16. Division of Property; Apportionment of Assessments. Should any
property be divided after a special assessment has been confirmed, and before
the collection thereof, the Village Assessor shall apportion the uncollected
amounts between the several divisions and shall enter the several amounts as
amendments to the special assessment roll. The Village Treasurer shall, within
ten (10) days after such apportionment, send notice of such action to the
persons concerned at the address shown on the last general tax roll by first
class mail. Said apportionment shall be conclusive and final unless protest in
writing is received by the Village Treasurer within 20 days of the mailing of
the notice.
SECTION 17. Additional and Surplus Assessments. Should the assessments in any
special assessment roll prove insufficient for any reason, including non
collection, to pay for the improvement or repair for which they were made or to
pay the principal and interest on any bonds issued in anticipation of
collection, the Village Council shall make additional pro rata assessments to
supply the deficiency. Should the total amount collected on assessments prove
larger than necessary by more than 5% of the original roll, then the surplus
shall be prorated among the properties assessed in accordance with the amount
assessed against each and applied toward the payment of the next Village tax
levied against such properties, respectively, or if there be no such tax then it
shall be refunded to the persons who are the respective record owners of the
properties on the date of the passage of the resolution ordering such refund.
Any such surplus which is less than 5% of the total cost may be placed into the
Village general fund.
SECTION 18. Invalid Assessments; Reassessments. Whenever any special assessment
shall, in the opinion of the Village Council, be invalid by reason of
irregularities or informalities in the proceedings, or if any tribunal of
competent jurisdiction determines such assessment to be illegal, the Village
Council shall, whether the improvement has been made or not or whether any part
of the assessment has been paid or not, have power to proceed from the last step
at which the proceedings were legal and cause a new assessment to be made for
the same purpose for which the former assessment was made. All proceedings on
such reassessment and for collection shall be conducted in the same manner as
provided for the original assessment, and whenever an assessment or any part has
been so set aside, if the same has been paid and not refunded, the payment so
made shall be applied upon the reassessment.
SECTION 19. Lands Exempt. The governing body of any public or private
corporation whose property may be exempt by law may, by resolution, agree to pay
the special assessments against such property, and in such case the assessment,
including all installments, shall be a valid claim against such corporation.
SECTION 20. Borrowing Money; Bonds. The Village Council may borrow money and
issue bonds in anticipation of the payment of special assessments in one or more
special assessment districts, which may be an obligation of the special
assessment district or may be both an
obligation of the special assessment district and a general obligation of the
Village. The Village Council may issue general obligation bonds to defray that
portion of the cost and expense of a local public improvement chargeable to the
Village at large.
SECTION 21. Failure to Pay. In the event any special assessment is not paid when
due, the Village Council may, without further notice and at its discretion, take
such action as to prevent the use of such improvement by the property owner(s)
who fail to pay such special assessment.
SECTION 22. Effective Date. This Ordinance shall become effective 20 days after
its adoption or upon its publication, whichever occurs later.
ORDINANCE #10-23-1997-A - Civil
Infraction Ordinance
SECTION 1. Definitions.
1. As used in this Chapter:
(a) "Act" means Act 236 of the Public Acts of 1961, as amended.
(b) "Authorized Village Official" means a police officer or other personnel of
the Village authorized by this code or any ordinance to issue municipal civil
infraction notices.
(c) "Bureau" means the Village of Nashville Municipal Ordinance Violation Bureau
as established by this Chapter.
(d) "Municipal Civil Infraction Action" means a civil action in which the
defendants is alleged to be responsible for the municipal civil infraction.
(e) "Municipal Civil Infraction Citation" means a written complaint or notice
prepared by an authorized Village official, directing a person to appear in
court regarding the occurrence or existence of a municipal civil infraction
violation by the person cited.
(f) "Municipal Civil Infraction Violation Notice" means a written notice
prepared by an authorized Village official, directing a person to appear at the
Village of Nashville
Municipal Ordinance Violations Bureau and to pay the fine and costs, if any,
prescribed for the violation by the schedule of civil fines adopted by the
Village, as authorized under Sections 8396 and 8707(6) of the Act.
(g) "Violation" means any act which is prohibited or made or declared to be
unlawful or an offense by the Ordinance and any omission or failure to act where
the act is required
by the Ordinance. Each day on which any violation of the Ordinance continues
constitutes a separate offense and shall be subject to penalties or sanctions as
a separate offense.
(h) "Repeat Violation" means a second (or any subsequent) municipal civil
infraction violation of the same term or provision (1) committed by a person,
firm, corporation or
other entity within any two year period and (2) for which the person, firm,
corporation or other entity admits responsibility or is determined to be
responsible.
2. Municipal civil infraction action; commencement.
A municipal civil infraction action may be commenced upon the issuance by a
authorized Village official of (1) a municipal civil infraction citation
directing the alleged violator to appear in court; or (2) a municipal civil
infraction violation notice directing the alleged violator to appear at the
Village of Nashville Municipal Ordinance Violations Bureau.
3. Municipal civil infraction citations; issuance and service.
Municipal civil infraction citations shall be issued and served by authorized
Village officials as follows:
(a) The time for appearance specified in a citation shall be within a reasonable
time after the citation is issued.
(b) The place for appearance specified in a citation shall be District Court.
(c) Each citation shall be numbered consecutively and shall be in a form
approved by the state court administrator. The original citation shall be filed
with the District Court. Copies of the citation shall be retained by the Village
and issued to the alleged violator as provided by Section 8705 of the Act.
(d) A citation for a municipal civil infraction signed by an authorized Village
official shall be treated as made under oath if the violation alleged in the
citation occurred in the presence of the official signing the complaint and if
the citation contains the following statement immediately above the date and
signature of the official: "I declare under the penalties of perjury that the
statements above are true to the best of my information, knowledge, and belief."
(e) An authorized Village official who witnesses a person commit a municipal
civil infraction shall prepare and subscribe, as soon as possible and as
completely as possible, an original and required copies of a citation.
(f) An authorized Village official may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe that
the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly witnessed
the person commit a municipal civil infraction, the official has reasonable
cause to believe that the person is responsible for an infraction and if the
prosecuting attorney or Village attorney approves in writing the issuance of the
citation.
(g) Municipal civil infraction shall be served by an authorized Village official
as follows:
(1) An authorized Village official shall personally serve a copy of the citation
upon the alleged violator.
(2) If the municipal civil infraction action involves the use or occupancy of
land, a building or other structure, a copy of the citation does not need to be
personally served upon the alleged violator, but may be served upon an owner or
occupant of the land, building or structure by posting the land or attaching the
copy to the building or structure. In addition, a copy of the citation shall be
sent by first-class mail to the owner of the land, building, or structure at the
owner's last known address.
4. Municipal civil infraction citations; contents.
(a) A municipal civil infraction citation shall contain the name and address of
the alleged violator, the municipal civil infraction alleged, the place where
the alleged violator shall appear in court, the telephone number of the court,
and the time at or by which the appearance shall be made.
(b) Further, the citation shall inform the alleged violator that he or she may
do one of the following:
(1) Admit responsibility for the municipal civil infraction by mail, in person,
or by representation, at or by the time specified for appearance.
(2) Admit responsibility for the municipal civil infraction "with explanation"
by mail by the time specified for appearance or, in person, or by
representation.
(3) Deny responsibility for the municipal civil infraction by doing either of
the following:
(a) Appearing in person for a informal hearing before a judge or district court
magistrate, without the opportunity of being represented by an attorney, unless
a formal hearing before a judge is requested by the Village.
(b) Appearing in court for a formal hearing before a judge, with the opportunity
of being represented by an attorney.
(c) The citation shall also inform the alleged violator of all of the following:
(1) That if the alleged violator desires to admit responsibility "with
explanation" in person or by representation, the alleged violator must apply to
the court in person, by mail, by telephone, or by representation within the time
specified for appearance and obtain a scheduled date and time for an appearance.
(2) That if the alleged violator desires to deny responsibility the alleged
violator must apply to the court in person, by mail by telephone, or by
representation within the time specified for appearance and obtain a scheduled
date and time to appear for a hearing, unless a hearing date is specified on the
citation.
(3) That a hearing shall be an informal hearing unless a formal hearing is
requested by the alleged violator or the Village.
(4) That at an informal hearing the alleged violator must appear in person
before a judge or district court magistrate, without the opportunity of being
represented by an attorney.
(5) That at a formal hearing the alleged violator must appear in person before a
judge with the opportunity of being represented by an attorney.
(d) The citation shall contain a notice in boldface type that the failure of the
alleged violator to appear within the time specified in the citation or at the
time scheduled for a hearing or appearance is a misdemeanor and will result in
entry of a default judgment against the alleged violator on the municipal civil
infraction.
5. Municipal ordinance violation bureau.
(a) Bureau Established. The Village hereby establishes a Municipal Violations
Bureau ("Bureau") as authorized under Section 8396 of the Act to accept
admissions of responsibility for municipal civil infractions in response to
municipal civil infraction violation notices issued and served by authorized
Village officials, and to collect and retain civil fines and costs as prescribed
by this Code or any ordinance.
(b) Location; supervision; employees; rules and regulations. The Bureau shall be
located at Village Hall, and shall be under the supervision and control of the
Clerk. The Clerk shall
adopt rules and regulations for the operations of the Bureau.
(c) Disposition of violations. The Bureau may dispose only of municipal civil
infraction violations for which a fine has been scheduled and for which a
municipal civil infraction
violation notice (as compared with a citation) has been issued. The fact that a
fine has been scheduled for a particular violation shall not entitle any person
to dispose of the violation at the Bureau. Nothing in this Chapter shall prevent
or restrict the Village from issuing a municipal civil infraction citation for
any violation or form prosecuting any violation in a court of competent
jurisdiction. No person shall be required to dispose of a municipal civil
infraction violation at the Bureau and may have the violation processed before a
court of appropriate jurisdiction. The unwillingness of any person to dispose of
any violation at the Bureau shall not prejudice the person or in any way
diminish the person's rights, privileges and protection accorded by law.
(d) Bureau limited to accepting admissions of responsibility. The scope of the
Bureau's authority shall by limited to accepting admission of responsibility for
municipal civil
infractions and collecting and retaining civil fines and costs as a result of a
result of those admissions and in no event shall the Bureau determine, or
attempt to determine, the truth or falsity of any fact or matter relating to an
alleged violation.
(e) Municipal civil infraction violation notices. Municipal civil infraction
violation notices shall be issued and served by authorized Village officials. In
addition to any other
information required by this Code or other ordinance, the notice of violation
shall indicate the time by which the alleged violator must appear at the Bureau,
the hours during which the Bureau is open, the amount of the fine scheduled for
the alleged violation, and the consequences for failure to appear and pay the
required fine within the required time.
(f) Appearance; payment of fines and costs. An alleged violator receiving a
municipal civil infraction violation notice shall appear at the Bureau and pay
the specified fine and costs at or by the time specified for appearance in the
municipal civil infraction violation notice. An appearance may be made by mail,
in person, or by representation.
(g) Procedure where admission of responsibility not made or fine paid. If an
authorized Village official issues and serves a municipal ordinance violation
notice and if an admission of responsibility is not made and the civil fine and
costs, if any prescribed by the schedule of fines for the violation are not paid
at the Bureau, a municipal civil infraction citation may be filed with the
District Court and a copy of the citation may be served by the first-class mail
upon the alleged violator at the alleged violator's last known address. The
citation filed with the Court does not need to comply in all particulars with
the requirements for citations as provided by Sections 8705 and 8709 of the Act,
but shall consist of a sworn complaint containing the allegations stated in the
municipal ordinance violation notice and shall fairly inform the alleged
violator how to respond to the citation.
6. Schedule of civil fines established.
(a) A schedule of civil fines payable to the Bureau for Admissions of
responsibility by persons served with Municipal Ordinance Violation Notices is
hereby established. The fines for violations of ordinance listed below shall be
as follows:
ORDINANCE/1stVIOLATION/2ndVIOLATION/3rd or REPEAT VIOLATION
NO. 11-01-1950 - $50 - $150 - $300
NO. 01-01-1967 - $50 - $150 - $300
NO. 06-16-1902 - $50 - $150 - $300
NO. 03-02-1905 - $50 - $150 - $300
NO. 03-23-1937 - $50 - $150 - $300
NO. 12-27-1956 - $100 - $200 - $300
NO. 01-22-1981 - $50 - $150 - $300
NO. 10-08-1981 - $50 - $150 - $300
NO. 04-17-1939 - $50 - $150 - $300
NO. 10-09-1986 - $50 - $150 - $300
NO. 07-22-1982 - $50 - $150 - $300
NO. 12-15-1954 - $50 - $150 - $300
NO. 08-01-1892 - $50 - $150 - $300
NO. 05-21-1934 - $50 - $150 - $300
NO. 06-12-1878 - $50 - $150 - $300
NO. 06-11-1878 - $50 - $150 - $300
NO. 06-18-1906 - $50 - $150 - $300
NO. 07-26-1979 - $50 - $150 - $300
NO. 06-11-1878 - $50 - $150 - $300
NO. 09-05-1910 - $25 - $50 - $100
NO. 10-23-1997C - $50 - $150 - $300
NO. 08-10-1989 - $50 - $150 - $300
NO. 10-08-1964 - $50 - $100 - $150
NO. 07-23-1888 - $25 - $50 - $100
NO. 05-21-1934 - $50 - $150 - $300
NO. 06-12-1911 - $50 - $150 - $300
NO. 06-12-1878 - $50 - $150 - $300
NO. 06-20-1904 - $50 - $150 - $300
NO. 06-12-1911 - $50 - $150 - $300
NO. 05-12-1955 - $50 - $150 - $300
NO. 08-05-1940 - $50 - $150 - $300
NO. 08-15-1892 - $50 - $150 - $300
NO. 04-13-1937 - $50 - $150 - $300
ZONING ORDINANCE - $50 - $150 - $300
(b) Unless another penalty is expressly provided, any person, firm or entity
determined responsible for a violation of a Village Ordinance which has been
designated as a civil infraction shall be punished by a civil fine or $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.
7. Authorized Village Official.
Any Village Police Officer, Zoning Administrator, Building Officials and all
other individuals or agencies authorized by council are hereby designated as
authorized Village Officials to issue civil infraction citations (directing
alleged violators to appear in court) or municipal civil infraction violation
notices (directing alleged violators to appear at the Village of Nashville
Municipal Ordinance Violations Bureau) as provided by this Code.
8. 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 a court of competent jurisdiction, the remainder
of the Ordinance shall not be affected thereby.
9. Conflicts.
All ordinances, resolutions and orders, and parts of ordinances, resolutions,
and order inconsistent or conflicting with any part of this Ordinance are hereby
repealed to the extent of such inconsistency or conflict.
10. Effective date.
This Ordinance shall become effective 20 days after its adoption or upon its
publication, whichever occurs later.
ORDINANCE #2-22-1990 - CONSUMERS
POWER COMPANY GAS AND/OR ELECTRIC FRANCHISE ORDINANCE
AN ORDINANCE, granting to CONSUMERS POWER COMPANY, its successors and assigns,
the right, power and authority to lay, maintain and operate gas mains, pipes and
services, and to construct, maintain and commercially use electric lines
consisting of towers, masts, poles, cross arms, guys, graces, feeders,
transmission and distribution wires, transformers and other electrical
appliances on, under, along and across the highways, streets, alleys, bridges
and other public places, and to do a local gas and/or electric business in the
VILLAGE OF NASHVILLE, BARRY COUNTY, MICHIGAN, for a period of thirty years.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. GRANT TERM. That wherever the word “Grantee” appears in this
ordinance, it is hereby intended to designate, and shall be held to refer to the
Consumers Powers Company, A Michigan corporation, its successors and assigns.
The right, power and authority is hereby granted and vested in said Grantee to
lay, maintain and operate gas mains, pipes and services and to construct,
maintain and commercially use electric lines, consisting of towers, masts,
poles, cross arms, guys, braces, feeders, transmission and distribution wires,
transformers, and other electrical appliances on, under, along and across the
highways, streets, alleys, bridges and other public places, and to do a local
gas and/or electric business in the Village of Nashville, Barry County,
Michigan, for a period of thirty years.
SECTION 2. CONSIDERATION. In consideration of the rights, power and authority
hereby granted, said Grantee shall faithfully perform all things required by the
terms hereof.
SECTION 3. CONDITIONS. No highway, street, alley, bridge or other public place
used by said Grantee shall be obstructed longer than necessary during the work
of construction or repair and shall be restored to the same good order and
condition as when such work was commenced. All towers, masts, poles and other
supports shall be set and all wires shall be suspended or buried in a careful
and proper manner so as not to injure persons or property. The Grantee shall
have the right to trim trees in necessary in the conducting of such business,
subject, however, to the supervision of the Department of Public Works of the
Village.
SECTION 4. HOLD HARMLESS. The Grantee shall at all times keep and save the
Village free and harmless from all loss, costs and damage to which it may be
subject by reason of the negligent construction and maintenance of the
structures and equipment hereby authorized. In case any action is commenced
against the Village on account of the permission herein granted, said grantee
shall, upon notice, defend the Village and save it free and harmless from all
loss, cost and damage arising out of such negligent construction and
maintenance.
SECTION 5. EXTENSIONS. Said Grantee shall construct and extend its gas and
electric systems within said Village, and shall furnish gas or electricity to
applicants residing therein in accordance with applicable laws, rules and
regulations.
SECTION 6. RATES. The Grantee shall be entitled to charge the inhabitants of
said Village for gas and/or electricity furnished therein, the rates as approved
by the Michigan Public Service Commission or its successors, upon proper
application by either said Grantee or the Village, acting by the Village Council
being made thereto, and the regularly filed rates as approved by said Michigan
Public Service Commission or its successors, as applicable to said Village of
Nashville, shall at all times be the lawful rates.
SECTION 7. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein
granted, are not exclusive. The right to do a gas business and the right to do
an electric business hereunder are several, and such rights may be separately
exercised, owned and transferred. Either manufactured or natural gas may be
furnished hereunder.
SECTION 8. REVOCATION. The franchise granted by this ordinance is subject to
revocation upon sixty (60) days written notice by the party desiring such
revocation.
SECTION 9. MICHIGAN PUBLIC SERVICE COMMISSION, JURISDICTION. Said Grantee shall,
as to all other conditions and elements of service, both gas and electric, not
herein fixed, be and remain subject to the reasonable rules and regulations of
the Michigan Public Service Commission or its successors, applicable to gas or
electric service in said Village.
SECTION 10. EFFECTIVE DATE. This ordinance shall take effect immediately after
the date of publication thereof, provided however, it shall cease and be of no
effect after thirty days from its adoption, unless within said period the
Grantee shall accept the same in writing filed with the Village Clerk. Upon the
acceptance and publication hereof, this ordinance shall constitute a contract
between said Village and said Grantee.
Ordinance #9-9-1999-A - Non-Partisan
Elections
AN ORDINANCE TO PROVIDE THAT VILLAGE ELECTIONS SHALL BE NONPARTISAN.
The Village of Nashville Ordains:
Section 1. As authorized by Chapter III, Section 3(1) and (2) of the General Law
Village Act, being Act No. 3 of the Public Acts of 1895, as amended, Village
elections in the Village of Nashville shall hereafter be nonpartisan.
Section 2. This Ordinance shall apply beginning with the first Village election
for which the nomination deadline is not less than 30 days after the effective
date of this ordinance.
Section 3. This ordinance shall become effective 45 days after the date of its
adoption, unless a petition signed by not less than 10% of the registered
electors of the Village is filed with the acting Village Clerk within the 45 day
period, in which case, the Ordinance shall take effect upon approval at an
election held on the question.
Section 4. The Village President or his designee shall arrange for the required
publication of a notice of adoption of this Ordinance and publication of notice
of the right of petition.
Section 5. This ordinance shall be adopted by an affirmative vote of at lease
two-thirds of the members of the Village Council.
Ordinance #9-9-1999-B - Village
Treasurer
An Ordinance for establishing the position of Village Treasurer:
The Village of Nashville Ordains:
Section 1. Establishment of Office. In accordance with the authority for the
appointment of such Village Officers as the Council shall deem necessary for the
execution of the powers granted to the Village in accordance with Act No 3,
Public Acts of 1895, as amended, there is hereby established the Office of the
Village Treasurer. The Village Treasurer is an administrative officer of the
Village.
Section 2. Appointment of Village Treasurer. The Village President shall
nominate, and the Village Council shall appoint, the Village Treasurer. The
Treasurer shall serve at the pleasure of the Village Council and may be removed
by the affirmative vote of four or more Trustees. The Village Treasurer will
report and be responsible to the Village Council for the official functions and
activities of the Treasurer’s position.
Section 3. Duties. The Treasurer shall possess all the powers vested in and
shall be charged with all the duties imposed upon Treasurers by State law. In
addition, the Treasurer shall perform all other such duties in the manner
prescribed by the Charter of the Village, the ordinances of the Village, or by
State law. The Treasurer shall perform such other duties as may be assigned or
prescribed by State law, the Village Charter, ordinances of the Village or the
Council. The Treasurer shall:
1. Have custody of all monies of the Village and all evidence of value belonging
to the Village, or held in trust by the Village.
2. Receive all monies belonging to and receivable by the Village, that may be
collected by any officials or employees of the Village, including license fees,
taxes, assessments, utility charges, and all other charges belonging to and
payable to the Village, and in all cases give a receipt therefore.
3. Keep and deposit all monies or funds in such manner and only in such places
as may be determined and report the same in detail to the Village Council and in
accordance with the Charter, State law, ordinances, and policies.
4. Have such powers, duties, and prerogatives as are conferred by law to enforce
the collection of State, County, Village, and School taxes upon real and
personal property.
5. Have custody of all investments and invested funds of the Village or in its
possession in a fiduciary capacity.
6. Safely keep all bonds and notes of the Village.
Section 4. Severability. If any portion of this ordinance or the application
thereof any person or circumstances shall be found to be invalid by a court,
such invalidity shall not affect the remaining portions or applications of the
ordinance which can be given effect without the invalid portion or applications
provided that such remaining portions or applications are not determined by said
court to be inoperable, and to this end this ordinance is declared to be
severable.
Section 5. Repeal of Conflicting Ordinances. All ordinances or parts of
Ordinances in conflict herewith are hereby repealed.
Section 6. Effective Date. This ordinance shall become effective forty-five (45)
days after its adoption unless otherwise provided by State law.
Ordinance #9-9-1999-C - Village
Clerk
An Ordinance for establishing the position of Village Clerk:
The Village of Nashville Ordains:
Section 1. Establishment of Office. In accordance with the authority for the
appointment of such Village Officers as the Council shall deem necessary for the
execution of the powers granted to the Village in accordance with Act No. 3,
Public Acts of 1895, as amended, there is hereby established the Office of the
Village Clerk. The Village Clerk is an administrative officer of the Village.
Section 2. Appointment of Village Clerk. The Village President shall nominate,
and the Village Council shall appoint, the Village Clerk. The Clerk shall serve
at the pleasure of the Village Council and may be removed by the affirmative
vote of four or more Trustees. The Village Clerk will report and be responsible
to the Village Council for the official functions and activities of the Clerk’s
position and for the day to day operations of the Department and Office, except
as otherwise provided by State law. The Village Clerk shall be selected on the
basis of administrative and technical abilities with special reference to
achieving and maintaining certification at the appropriate level for the
Village.
Section 3. Duties. The Clerk shall possess all the powers vested in and shall be
charged with the duties imposed upon Clerks by State law. In addition, the Clerk
shall perform all other such duties in the manner prescribed by the Charter of
the Village, the ordinances of the Village, or by State law. The Clerk shall
perform such other duties as may be assigned or prescribed by State law, the
Village Charter, ordinances of the Village or the Council. The Clerk shall:
1. Be the Clerk of the Council and keep a permanent journal of its proceedings.
2. Keep a record of all ordinances, resolutions, and actions of the Council.
3. Have power to administer all oaths required by State law, this Charter and
ordinances of the Village.
4. Be custodian of the Village Seal, and affix it to all documents and
instruments requiring the Seal and shall attest the same.
6. Issue and sign all licenses granted after the license fee has been paid to
the Treasurer and register the same.
7. Certify by signature all ordinances and resolutions enacted or passed by the
Council.
8. Conduct elections in accordance with this Charter and State election law.
9. Publish and post notices of the Village as required by this Charter, State
law, and ordinances of the Village.
Section 4. Severability. If any portion of this ordinance or the application
thereof
any person or circumstances shall be found to be invalid by a court, such
invalidity shall not affect the remaining portions of the applications of the
ordinance which can be given effect without the invalid portion or applications
provided that such remaining portions or applications are not determined by said
court to be inoperable, and to this end this ordinance is declared to be
severable.
Section 5. Repeal of Conflicting Ordinances. All ordinances or parts of
Ordinances
in Conflict herewith are hereby repealed.
Section 6. Effective Date. This Ordinance shall become effective forty-five (45)
days after its adoption unless otherwise provided by State law.
ORDINANCE #11-9-2006-C - Village
President Term of Office
AN ORDINANCE TO PROVIDE FOR 4-YEAR TERMS FOR THE VILLAGE PRESIDENT AND TO REPEAL
ORDINANCE NO. 3-10-2005 OF THE VILLAGE OF NASHVILLE ORDINANCE BOOK 1999.
The Village of Nashville ordains:
Section 1. As authorized by MCL 62.4 of the General Law Village Act, being Act
No. 3 of the Public Acts of 1895, as amended, the term of the Village President
may be provided by ordinance.
Section 2. The Village President of the Village of Nashville shall serve a term
of four (4) years and until a successor is elected and qualified.
Section 3. The Village of Nashville Ordinance No. 3-10-05, entitled “An
Ordinance Providing for the Election of All Trustees at the Same Election for
2-Year Terms and Extending the Terms of Incumbent Trustees” is hereby repealed
in its entirety.
Section 4. If any part of this Ordinance is declared to be invalid by a court of
competent jurisdiction, such ruling shall not affect any other provisions of
this Ordinance, which shall remain in full force and effect.
Section 5. This Ordinance shall be published in the manner required by law.
Section 6. This Ordinance shall become effective immediately.
ORDINANCE #7-12-2007-A - CONDUCT
AT MEETINGS
AN ORDINANCE MAKING IT UNLAWFUL TO DISTURB A VILLAGE COUNCIL MEETING
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION I. TITLE
This ordinance shall be known and cited as the “Conduct at Meetings Ordinance”.
SECTION II. DISTURBING MEETINGS.
It shall be unlawful to disturb, speak out of order, disrupt, fail to be
germane, speak longer than permitted, speak vulgarities, or interrupt any
regular meetings, special meetings or workshop of the Council.
SECTION III. PENALTY AND ENFORCEMENT.
Any person which violates or refuses to comply, after being given a warning,
with any provision of this Ordinance shall be responsible for a civil infraction
fine of not less than $50 or more than $300 for each offense, and may be
summarily ejected from the council room and the village hall.
SECTION IV. SEVERABILITY.
If any article, section, subsection, sentence, clause, phrase or portion of this
ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION V. EFFECTIVE DATE.
This ordinance shall become effective upon its adoption and publication in the
manner required by law and shall become effective twenty (20) days after the
date of publication.
ORDINANCE #7-12-2007-B COUNCIL
MEETING ATTENDANCE
AN ORDINANCE TO COMPEL ATTENDANCE OF COUNCIL MEMBERS
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION I.
This ordinance shall be known and cited as the “Council Meeting Attendance
Ordinance”.
SECTION II. COUNCIL MEETING ATTENDANCE.
It shall be the duty of all members of the Council to attend all meetings at the
hour appointed for the meeting and to remain until the close of the session
unless excused.
SECTION III. REPRIMAND.
In the event any Council member fails, neglects or refuses to attend the
meetings of the Council for four (4) consecutive meetings without excuse, the
Council may enact a resolution of reprimand.
SECTION IV. CENSURE AND/OR RESIGNATION.
In the event any Council member fails, neglects or refuses to attend the
meetings of the Council for six (6) consecutive meetings without excuse, the
Council may enact a resolution of censure or request the council member’s
resignation, or both.
SECTION V. EXCUSED ABSENCES.
The Village Council members shall be the final judges as to what constitutes an
excused absence.
SECTION VI. MEETINGS.
The term “meetings” means all regular meetings, special meetings and workshops
of the Village Council where the members have actual notice of the meeting.
SECTION VII. SEVERABILITY.
If any article, section, subsection, sentence, clause, phrase or portion of this
ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION VIII. EFFECTIVE DATE.
This ordinance shall become effective upon its adoption and publication in the
manner required by law and shall become effective twenty (20) days after the
date of publication.
VILLAGE
OF NASHVILLE, MICHIGAN
