|
| |
Village of Nashville Parking/Traffic/Streets Ordinances
- 07-22-1982 PARKING LOT
- 07-26-1979 TRAFFIC CONTROL ORDER
- 02-23-1978 PARKING TIMES
- 03-27-1969 PARKING VIOLATION BUREAU
- 12-15-1954 TRAFFIC ORDINANCE
- 01-22-2004-A UNIFORM TRAFFIC CODE
- 01-22-2004-B SKATEBOARDS, ROLLER BLADES, ETC.
- 08-01-1892 DRIVING OVER FIRE HOSE
- 06-12-1878 NO BALL PLAYING ON MAIN ST.
- 09-13-2007-A PROHIBIT OBSTRUCTION OF STREET
- 04-10-1997 TRAFFIC CONTROL ORDINANCE
- 09-09-1999-E PUBLIC STREETS AND RIGHTS-OF-WAY
- 03-13-2003 TELECOMMUNICATION ACT AND PERMITS
ORDINANCE #7-22-1982 - VILLAGE OWNED
PARKING LOT ORDINANCE
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. NO PERSON IN ANY VILLAGE OWNED PARKING LOT SHALL:
Operate a vehicle in such manner as to create a noise nuisance in any village
owned parking lot, nor drive a vehicle at an unsafe speed for conditions nor
shall exceed the posted speed limit.
Drive or park a vehicle anywhere except on established drives and parking areas.
SECTION 2. HOURS OF OPERATION:
Unless otherwise provided, village owned parking lots shall be open between 5:00
a.m. and 11:00 p.m. daily, except at such times as planned activities are under
the direct permit of the Village Council.
SECTION 3. PROHIBITED USES IN VILLAGE OWNED PARKING LOTS:
No parades, drills, exhibitions, political meetings, religious meetings,
concerts, speeches, lectures or public entertainment shall be held in any
village owned parking lot except on permit of the Village council.
No person shall sleep, whether in a vehicle, trailer, tent, hammock, or other
manner in a Village owned parking lot, during the nighttime, unless permitted to
do so by council permit or by the parking lot manager.
No person shall play baseball, football, hockey, throw a Frisbee or Frisbees,
roller skate or ice skate or engage in any other violent or rough exercises or
play in a village owned parking lots.
No person shall advertise any placard or advertisement of any kind in a village
owned parking lot, nor shall any person distribute in any manner, nor place any
handbill, pamphlet, circular, etc., nor post, stencil or otherwise affix any
notice or bills, advertisement or other papers upon any structure or thing in or
about any village parking lot.
No person shall have or use or build a fire in any village owned parking lot.
No person shall carry on any trade or business or sell or display any goods,
wares or merchandise in a village owned parking lot, unless the council permit,
or by permit of the parking lot manager.
No person shall solicit alms or contributions for any purpose whether public or
private.
No person shall interfere with or in any manner hinder any employee of the
village while engaged
in constructing, repairing or caring for any village owned parking lot.
No person shall enter upon any portion of any village owned parking lot where
persons are prohibited from going as indicated by signs or notice.
No person shall use any threatening, obscene, profane or indecent language in
any village owned parking lot or be guilty of any disorderly or indecent conduct
therein, nor shall any person engage in any game or conduct which threatens the
general enjoyment of the village owned parking lot to the public.
No person shall bring any animal, whether domestic, pet, or otherwise, into any
village owned parking lot unless on a leash and while under the control of a
responsible person.
No person shall enter upon any village owned parking lot between the hours of 11
p.m. and 5:00 a.m. unless the village council permit or by permit of the parking
lot manager.
No person shall beg or loiter in or about any village owned parking lot.
No person shall make or excite any disturbance or contention in any village
owned parking lot.
No person shall, by vocal, mechanical or electrical means, create any disturbing
noise or noises in any village owned parking lot.
No person shall consume alcoholic liquor nor be in the possession of alcoholic
liquor in any village owned parking lot. The word alcoholic liquor is defined as
follows:
"ALCOHOLIC LIQUOR" shall include any spirituous, vinous, malt or fermented
liquor, liquids and compounds, whether or not medicated, proprietary, patented,
and by whatever name called, containing 1/2 of 1 percent or more of alcohol by
volume which are fit for use for beverage purposes. Alcoholic liquor is defined
according to their alcoholic content as belonging to one of the varieties
hereinafter defined;
"BEER" shall mean any beverage obtained by alcoholic fermentation of an infusion
or decoction of barley, malt, hops and/or other cereal in potable water;
"WINE" shall mean the produce made by the normal alcoholic fermentation of the
juice of sound, ripe grapes or any other fruit with the usual cellar treatment,
and containing not more than 16 percent of alcohol by volume. The term "wine"
shall include fermented fruit juices other than grapes.
"SPIRITS" shall mean any beverage which contains alcohol obtained by
distillation, mixed with potable water and other substances in solution and
includes, among other things, wine containing an alcoholic content of over 16
percent by volume; and
"ALCOHOL" shall mean the produce of distillation of fermented liquid, whether
rectified or diluted with water or not, whatever may be the origin thereof. It
does not mean ethyl and/or industrial alcohol, diluted or not, that has been
denatured or otherwise rendered unfit for beverage purposes.
SECTION 4. PARKING LOT MANAGER:
The office of parking lot manager is hereby established. The parking lot manager
shall be appointed by the Village Council and, in the absence of the appointment
of a parking lot manager by the council, the authority of the parking lot
manager shall be vested in the Village President.
SECTION 5. PUNISHMENTS:
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 6.
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed insofar as the conflicting portions thereof are
concerned.
SECTION 7.
This ordinance shall be published in full in the Maple Valley News, a newspaper
of general circulation in the village, promptly after its adoption, and shall be
recorded in the ordinance book of the village and such recording authenticated
by the signature of the Village President and Village Clerk.
SECTION 8.
This ordinance is hereby determined by the Village Council to be immediately
necessary for the preservation of the peace, health and safety of the village
and is, therefore, declared to have immediate effect.
Passed and adopted by the Village of Nashville, Michigan on this 22 day of July,
1982.
Ordinance #7-26-1979 - TRAFFIC CONTROL
ORDER
Pursuant to the Uniform Vehicle Code, as adopted by the Nashville Village
Council and effective as of July 26, 1979.
Pursuant to Sections 2.25 and 2.53 respectively, a survey has been made on
Village of Nashville parking lot lying westerly of water alley, Nashville,
Michigan [parking lot], and being of the opinion, as determined by such survey,
that the absence of certain traffic control devices at such intersections,
parking lot or streets is dangerous to those using such street and would unduly
interfere with the free movement of traffic. I have hereby erected or cause to
be erected certain traffic control devices which give notice of the following
prohibitions or restrictions:
No parking of semi tractors or trailers.
Any control orders heretofore made with respect to the foregoing are hereby
rescinded and superseded.
ORDINANCE #2-23-1978 - Parking times
AN ORDINANCE TO REGULATE PARKING OF VEHICLES ON VILLAGE STREETS DURING CERTAIN
HOURS.
WHEREAS, It is deemed advisable by this body to prohibit parking of vehicles on
Village streets during certain hours.
NOW, THEREFORE, the Village of Nashville ordains:
1. No vehicles shall be parked on any street in the Village of Nashville between
the hours of 2:00 a.m. and 6:00 a.m. EXCEPT as otherwise provided herein.
2. No vehicles shall be parked on Main Street in the Village of Nashville
between Washington Street to the North, and Sherman Street to the South, between
the hours of 3:00 a.m. and 5:00 a.m.
3. Any vehicle parked in violation of this section may be impounded by the
Police Department or its authorized representative, and may be reclaimed by its
owner upon paying the full cost of said impoundment.
4. Violation of this ordinance shall be punished by a fine of $10.00 if paid
within 10 days of violation, $15.00 if paid more than 10 days, but less than 29
days after violation, and $20.00 if paid more than 29 days after violation.
5. This ordinance shall become effective upon publication February 28, 1978.
ORDINANCE #70 (3-27-1969) (as amended
10-10-2002) - Parking Violation Bureau
An ordinance establishing a parking violations bureau for the Village of
Nashville.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1.
Pursuant to Section 8395 of the revised judicature act, State of Michigan, as
added by public act 154 of 1968, a parking violations bureau, for the purpose of
handling alleged parking violations within the city, is hereby established. The
parking violations bureau shall be under the supervision and control of the
Village Clerk.
SECTION 2.
The Village Clerk shall, subject to the approval of the Village Council,
establish a convenient location for the parking violations bureau, appoint
qualified village employees to administer the bureau and adopt rules and
regulations for the operation thereof.
SECTION 3.
No violation not scheduled in Section 6 of this ordinance shall be disposed of
by the parking violation bureau. The fact that a particular violation is
scheduled shall not entitle the alleged violator to disposition of the violation
at the bureau and in any case the person in charge of such bureau may refuse to
dispose of such violation in which case any person having knowledge of the facts
may make a sworn complaint before any court having jurisdiction of the offense
as provided by law.
SECTION 4.
No violation may be settled at the parking violations bureau except at the
specific request of the alleged violator. No penalty for any violation shall be
accepted from any person who denies having committed the offense and in no case
shall the person who is in charge of the bureau determine, or attempt to
determine, the truth or falsity of any fact or matter relating to such alleged
violation. No person shall be required to dispose of a parking violation at the
parking regulations bureau and all persons shall be entitled to have any such
violation processed before a court having jurisdiction thereof if they so
desire. The unwillingness of any person to dispose of any violation at the
parking violations bureau shall not prejudice him or in any way diminish the
rights, privileges and protection according to him by law.
SECTION 5.
The issuance of a traffic ticket or notice of violation by a police officer of
the Village shall be deemed an allegation of a parking violation. Such traffic
ticket or notice of violation shall indicate the length of time in which the
person to whom the same was issued must respond before the parking violations
bureau. It shall also indicate the address of the bureau, the hours during which
the bureau is open, the amount of the penalty scheduled for the offense for
which the ticket was issued and advise that a warrant for the arrest of the
person to whom the ticket was issued will be sought if such person fails to
respond within the time limited.
SECTION 6.
First Amount - IF PAID MORE THAN 10 DAYS IF PAID MORE
Second Amount - IF PAID WITHIN 10 BUT LESS THAN THAN 29
Third Amount IF PAID AFTER 30 DAYS
Parking too far from curb $10.00 - $15.00 - $20.00
Angle parking violations $10.00 - $15.00 - $20.00
Obstructing traffic $10.00 - $15.00 - $20.00
PROHIBITED PARKING
[signs unnecessary]
[a] on sidewalk $10.00 - $15.00 - $20.00
[b] in front of drive $10.00 - $15.00 - $20.00
[c] within intersection $10.00 - $15.00 - $20.00
[d] within 15 feet of hydrant $10.00 - $15.00 - $20.00
[e] on cross walk $10.00 - $15.00 - $20.00
[f] within 20 feet of cross walk
or 15 feet of corner lot lines $10.00 - $15.00 - $20.00
[g] within 30 feet of street side
traffic sign or signal $10.00 - $15.00 - $20.00
[h] within 50 feet of railroad crossing $10.00 - $15.00 - $20.00
[i] within 20 feet of fire station entrance $10.00 - $15.00 - $20.00
[j] within 75 feet of fire station entrance on
opposite side of street [signs required] $10.00 - $15.00 - $20.00
[k] beside street excavation
when traffic obstructed $10.00 - $15.00 - $20.00
[l] double parking $10.00 - $15.00 - $20.00
[m] on bridge $10.00 - $15.00 - $20.00
[n] within 200 feet of accident
where police in attendance $10.00 - $15.00 - $20.00
[o] in front of theater $10.00 - $15.00 - $20.00
[p] blocking emergency exit $10.00 - $15.00 - $20.00
[q] blocking fire escape $10.00 - $15.00 - $20.00
[r] parking in area designated
for parking by the handicapped $50.00 - $75.00 - $100.00
[s] parking between any city street and sidewalk $10 - $15 -$20
[t] parking longer than 15 minutes
in designated 15 minute area $10.00 - $15.00 - $20.00
In prohibited zone [signs required] $10.00 - $15.00 - $20.00
In alley $10.00 - $15.00 - $20.00
PARKING FOR PROHIBITED PURPOSE
[a] displaying vehicle for sale $10.00 - $15.00 - $20.00
[b] working or repairing vehicle $10.00 - $15.00 - $20.00
[c] displaying advertising 410.00 - $15.00 - $20.00
[d] selling merchandise $10.00 - $15.00 - $20.00
[e] storage over 48 hours $10.00 - $15.00 - $20.00
Wrong side boulevard roadway $10.00 - $15.00 - $20.00
Loading zone violation $10.00 - $15.00 - $20.00
Bus, parking other than bus stop $10.00 - $15.00 $20.00
Taxicab, parking other than cab stand $10.00 - $15.00 - $20.00
Bus, taxicab stand violations 410.00 - $15.00 - $20.00
Not parked within space $10.00 - $15.00 - $20.00
Failure to set brakes $10.00 - $15.00 - $20.00
Parked on grade wheels not turned to curb $10.00 - $15.00 - $20.00
Bicycle parking violations $10.00 - $15.00 - $20.00
SECTION 7.
All ordinances or parts of ordinances in conflict with this ordinance are, to
the extent of such conflict, hereby repealed.
SECTION 8.
This is declared to be an emergency ordinance and shall be effective upon
publication.
Moved by Ben Kenyon and supported by C. Eugene Service that this ordinance be
adopted as read.
Ordinance No 3-27-1969 revised and adopted on October 10, 2002.
ORDINANCE #12-15-1954 (as amended 7-24-2003) - TRAFFIC ORDINANCE
An ordinance for the regulation of all street traffic in the Village of
Nashville of Nashville Michigan, and to repeal all ordinances inconsistent
herewith.
The Village of Nashville Ordains:
DEFINITIONS:
VEHICLE - The word "vehicle" includes everything on wheels or runners, except
baby carriages.
DRIVER - The word "driver" includes the driver or operator of any "vehicle".
RESTRICTED DISTRICT - The words "restricted district" shall mean that district
or portion of the village described in Section 4. Rule 1.
PARKING - The word "parking" for the purpose of this Ordinance is hereby defined
to mean the standing of any vehicle, whether occupied or not, in a street,
alley, or public place in the village, either in charge of a driver or without
such driver for an indefinite time.
STREET INTERSECTION - The area embraced with the prolongation of the lateral
curb lines or, if none, then the lateral boundary lines of two or more highways
which join one another at an angle, whether or not one such highway crosses the
other.
HORSE - The word "horse" shall include any and all domestic driving animals.
SECTION 1. DRIVING RULES TO OBSERVE:
The driver or operator of every vehicle driven or operated upon the streets,
highways and public places within the limits of the Village of Nashville, shall
conform and observe the following rules:
RULE 1. Vehicles shall be driven in a careful manner within the speed limit
prescribed, and with due regard for the safety and convenience of pedestrians,
as well as all vehicles.
RULE 2. Vehicles shall keep to the right side of the street except when
necessary to turn to the left in crossing or in overtaking and passing another
vehicle going in the same direction.
RULE 3. All vehicles meeting shall pass each other to the right.
RULE 4. Vehicles overtaking another shall keep to the left of the overtaken
vehicle in passing.
RULE 5. Vehicles moving slowly shall keep as close as possible to the curb on
the right, allowing more swiftly moving vehicles free passage to their left.
RULE 6. Vehicles when turning to the left into another street shall pass to the
right of and beyond the center of the street intersection before turning.
RULE 7. Vehicles when turning to the right into another street shall turn the
corner as near the right hand side as possible.
RULE 8. Vehicles crossing from one side of the street to the other shall do so
only at intersections of streets.
RULE 9. No vehicle shall be driven in such a manner as to make a U turn at or
between any intersections posted for no U turns.
SECTION 2. SIGNALS:
The operator of every vehicle while being used upon the streets, alleys or
public places in the Village of Nashville, before turning, stopping, backing or
changing its course, shall make sure that such movement can be made safely and
shall indicate intention to turn the vehicle towards the right or left or stop
or suddenly check its speed. The following code of signals shall be used:
The hand extended downward will indicate intention to slow down or stop. The
hand extended horizontally will signify the intention to turn in the direction
in which the hand extends. The hand extended upwards indicates a right hand
turn.
In case of closed vehicles or open vehicles with side curtains on, or any other
vehicle where the arm signal cannot be given, so that it can be seen by traffic
in the rear of said vehicle, a signal devise separate from or in combination
with the usual red rear light shall be used; provided, however, that it shall be
optional with the driver of said enclosed car or other vehicle to use either
device or signal with the arm through the open window. Signal shall be given a
reasonable
distance and time before action of driver.
SECTION 3. THROUGH TRAFFIC STREETS:
RULE 1. The streets hereinafter described and set apart are to be known and
designated as through traffic streets. Vehicles passing thereon shall have the
right of way over all vehicles approaching the same from side or other streets
and all vehicles approaching the said through traffic streets shall stop before
entering said streets, and shall not at any time enter said streets when to do
so would interfere with, or interrupt the traffic thereon. The following are
designated as Through Traffic Streets:
(a) Main Street for its entire length.
(b) Reed Street for its entire length.
(c) Sherman Street for its entire length.
(d) Washington Street from Main Street to Lentz Street.
(e) Lentz Street from Sherman Street to Reed Street.
(f) Such other intersections as shall be designated by stop signs.
RULE 2. Pedestrians desiring to cross from one side of the street to the other
shall do so at street intersections only. Such crossing shall be made in a
straight line. No crossing shall be made by a
pedestrian at an angle or between any intersections.
SECTION 4. BUSINESS OR RESTRICTED DISTRICT:
All vehicles drawn or propelled by motive power shall not be driven faster than
prescribed in the following districts:
RULE 1. 35 miles per hour on the following streets;
Main street from Casgrove Street south to the village limits and from the river
bridge north to the village limits.
Reed Street from Lentz Street east to the village limits.
Sherman Street from Cemetery Road east to the village limits.
Fuller Street from a point 300 feet west of the west line of the
Fuller Street School property, west to the village limits.
RULE 2. Upon all other streets and highways within the village of Nashville all
vehicles shall not be driven at a speed in excess of 25 miles per hour.
RULE 3. Any operator of a motor vehicle upon approaching an intersecting street,
and also in traversing such intersecting street shall have said vehicle under
control and operated at such speed as is reasonable and proper, having regard to
the traffic then on such street, and the safety of the public.
RULE 4. The driver or operator of any vehicle drawn or propelled by motor power,
shall give some plain, visible, or audible sign of approach, and shall keep his
or her wheels at not less than six feet from the side of the other vehicles that
may be taking on or discharging passengers; and that, if by reason of the
narrowness of the street, or for any reason it is not possible to preserve a
distance of six feet as herein provided, then the operator or driver of such
vehicle shall stop until such vehicle has taken on or discharged its passengers.
SCHOOL ZONE:
RULE 1. It shall be unlawful for any person to operate a motor vehicle in
passing any of the school building in the Village of Nashville during the time
of year that school is maintained in said building, during the period when
pupils are approaching the same for the purpose of attending, or while in
attendance therein, or when leaving school buildings after school hours, at a
greater rate of speed than ten (10) miles per hour.
RULE 2. That signs shall be placed on the street passing in front of said school
building three hundred (300) feet distinct from said building having printed
thereon the words: "School Zone Ahead, Speed Limit Ten Miles Per Hour".
PARKING - MAIN STREET DISTRICT:
RULE 1. No vehicle shall be parked on the intersection of streets, or upon other
spaces marked off by no parking signs. All vehicles parked on said streets shall
head towards the curb on the right hand side of street at an angle as indicated
by the marks on said street, and each vehicle shall keep within said marks; and
at no time shall any vehicle be stopped or parked less than twenty (20) feet
from any fire hydrant in said Village. No vehicle shall be parked on any street
extending more than seventeen (17) feet into the street where parking is allowed
diagonally.
On the following streets diagonal parking will be allowed:
Washington Street, west of Main Street.
Washington Street, south side to the first alley east of Main Street.
Maple Street, south side to the first alley east of Main Street.
All other parking in the Village of Nashville shall be parallel with, and as
close as possible to the curb, and headed in the direction in which traffic is
moving on the side of the street in which said
parking is done, and not nearer than lot line of intersecting streets.
RULE 2. It shall be unlawful for any vehicle to remain standing on any of the
public streets in the Village of Nashville except when properly parked according
to this ordinance, or when discharging or taking on passengers. No vehicle shall
be parked so as to interfere or blockade any private or public driveway.
RULE 3. No vehicle shall be parked upon any public sidewalk or alley in the
Village of Nashville.
RULE 4. No person or persons shall use any part of the public streets or alleys,
or public places for the purpose of assembling or disassembling any vehicle.
RULE 5. There shall be no parking of any kind on Main Street from Reed Street to
the railroad between 2 A.M. and 6 A.M.
RULE 6. The following locations will be for 15 minute parking only:
"15" minute parking space located on the west side of Main Street, (M66), first
parking space south of Washington Street.
RULE 7. The following locations will be for handicapped parking only:
(a) Handicapped parking space located on east side of Main Street, (M66) first
parking space south of Washington Street.
(b) Handicapped parking space located on north side of Washington Street, first
parking space west of Main Street, (M66).
(c) Handicapped parking space located on the south side of Washington Street, at
the corner of Water Street and Washington Street.
(d) Handicapped parking space located on the west side of Main Street, (M66),
second parking space south of Washington Street.
(e) Handicapped parking space located on east side of Main Street, (M66), first
parking space south of Maple Street.
(f) Handicapped parking space located on the east side of Main Street, (M66),
first parking space North of Maple Street.
(g) Handicapped parking space located on the west side of Main street, (M66),
first parking space north of Sherman Street.
PARKING LIGHTS:
RULE 1. All vehicles parked upon any of the public streets of the Village of
Nashville or permitted to stand thereon any time during the period from one hour
after sunset to one hour before sunrise shall have displayed thereon a front and
rear parking light, except vehicles parking in any district where boulevard
lights are installed. Such vehicles may be parked without lights as long as such
boulevard lights shall burn. After such lights shall cease to be lighted all
vehicles parked thereon shall have their parking lights burning.
RULE 2. The driver or operator of any vehicle shall stop upon the signal of any
police officer.
SECTION 5. LOADING AND UNLOADING:
(a) No vehicle of greater than one and one-half (1 1/2) ton capacity shall load
or unload from Main Street.
(b) All vehicles of greater than one and one half (1 1/2) ton capacity shall
load and unload from the alley in the rear of business places on Main Street, or
from a side street entrance.
SECTION 6. DRIVING:
No Vehicle shall be driven through a procession except with the permission of a
police officer.
RULE 1. No vehicle shall be backed up to the curb except it shall be actually
loading or unloading, and in such cases no longer than actual loading or
unloading requires.
RULE 2. The front wheels of any vehicle backed up to the curb shall be turned at
an angle and in the direction the traffic upon that side of the street is
moving.
RULE 3. No vehicle shall be left standing within the intersection nor nearer
than lot line of such intersecting streets.
RULE 4. No vehicle shall stop at any crosswalk for longer period than is
necessary to permit the occupant to alight, or the person to enter said vehicle,
nor in such a manner as to obstruct the free passage upon said crosswalk and
free passage upon the street.
RULE 5. No vehicle shall be allowed to stand on any street in such a way as to
obstruct free passage of the street.
SECTION 7. FIRE DEPARTMENT:
RULE 1. The Fire Department with their trucks and apparatus of all kinds when
going to, or on duty at any fire, or in responding to or returning from any fire
alarm, whether there is any fire or not, and the officers and men of the police
department, and all ambulances shall have the right-of-way in any street or
alley, and through any procession except over vehicles carrying United States
mail.
RULE 2. All automobiles and other vehicles upon the streets where the Fire
Department trucks and apparatus are being driven or propelled in answering a
fire alarm, shall without delay drive alongside of the street and stop and
remain stopped until all of said Fire Department trucks and apparatus have
passed.
RULE 3. During and fire Police officers shall have the right to change or order
changed, the location of automobiles, trucks, or other vehicles standing still
or parked near the fire whenever in the judgment of said officers it is
necessary to do so. And all vehicles, other than Fire Department apparatus,
shall not drive closer than five hundred (500) feet to the burning building or
structure, or nearer than five hundred (500) feet of the Fire Department
apparatus while said department is answering the fire alarm.
RULE 4. No vehicle shall be allowed to remain upon or be driven through any
street in the Village of Nashville so as to blockade or obstruct the said
street; and no vehicle shall be so overloaded that the horse or horses or motive
power shall be unable to move it.
TRACTION ENGINES:
RULE 1. No traction engine or similar heavy machinery shall be run over,
propelled or operated upon any of the paved streets of the village unless it
shall be impossible for such vehicle to reach its destination by unpaved streets
and then only by using plank for said vehicle to run upon or taking other proper
and precautionary measurers so that the said pavement shall not be damaged
thereby.
LIGHTS WHILE DRIVING:
Every motor vehicle driven and operated upon the streets, alleys, parks and
public places of the Village of Nashville shall during the period from one hour
after sunset to one hour before sunrise,
be equipped with and display a lamp or lamps as hereinafter provided, of
sufficient power and so adjusted and operated as to enable the operator to
proceed with safety to himself and to other
users of the streets, alleys, parks and public places. Every four wheel motor
vehicle shall have a lamp mounted on each side of the front thereof, said lamps
to be approximately equal candle power, and every motorcycle shall have mounted
on the front thereof one lamp. Every motor vehicle shall, during the period from
one hour after sunset to one hour before sunrise keep such lamps lighted
continuously while the vehicle bearing them is in motion. Every motor vehicle,
trailer or semi trailer, at night shall have on the rear one lamp capable of
displaying a light which shall be red and visible for a distance of a least one
hundred (100) feet behind such vehicle.
Any spotlight carried and displayed on any such motor vehicle shall be so placed
and used that the light there from shall be focused in front of said vehicle and
on the right side of the traveled portion of the road and not more than thirty
feet in front of such vehicle; provided, that motor bicycles or motorcycles
shall be required to display but one lighted lamp on the front of the vehicle.
RUBBISH:
No person shall throw, scatter, sweep, deposit, place or leave in any street,
alley or public place in the Village of Nashville, any glass, tacks, crockery,
scrap iron, nails, tin, ashes, wire or other things or substance liable to cause
puncture or damage to rubber tires.
HORSES:
RULE 1. No person shall ride or drive any horse on any street, alley or public
place in the Village of Nashville at any immoderate speed.
RULE 2. No person shall permit any horse to stand in any street, alley or public
place in the Village of Nashville without being securely tied, fastened or held.
BICYCLES:
RULE 1. It shall be unlawful for any person to ride a bicycle or motorcycle on
any street, alley, or public place of the Village of Nashville, curving to and
fro thereon, or without having their hands
on the handlebars thereof, or for more than two persons to ride abreast, and
said vehicles shall be ridden as near as possible to the right hand curb.
RULE 2. No person or persons shall be carried upon the handlebars or any part
thereof in front of the driver of a bicycle or motorcycle on any street, alley,
or public place in the Village of Nashville.
RULE 3. No person shall ride a bicycle or motorcycle upon any sidewalk or place
designated or kept for the use of persons on foot only, within the Village of
Nashville.
RULE 4. Any bicycle operated at night in the village shall show a white light on
the front and a visible red light or reflector on the rear.
ALLEYS:
Vehicles leaving all alleys entering onto Main Street, and those alleys running
parallel with Main Street, and next east and west of said Main Street, shall
come to a stop as the front wheels of said vehicle touch the side or cross walk
and give signal with their horn. After such warning signal, vehicle shall
proceed with caution.
SECTION 8. COASTING:
No person shall coast with hand sleds, bobs, carts, or other vehicles on wheels
or runners upon any of the public sidewalks in the Village of Nashville; nor
upon any public street of said Village, except upon such streets as may be
designated by the Common Council thereof.
SECTION 9. ADVERTISING VEHICLES:
No vehicle used exclusively or primarily for advertising purposes shall be
allowed in that part of the Village herein defined and designated as the
restricted district.
SECTION 10. OCCUPANTS OF FRONT SEATS IN AUTOMOBILES:
No vehicle shall be operated upon any street, alley, or public place within the
Village of Nashville where more than three persons are seated in the front seat
of said vehicle.
SECTION 11. EMBRACING:
(a) No driver shall embrace another occupant of the vehicle while operating said
vehicle upon any street alley, or public place in the Village of Nashville.
(b) No occupant of a vehicle shall embrace a driver of said vehicle while said
driver is operating a vehicle upon any street, alley, or public place within the
Village of Nashville.
SECTION 12.
Should any Court of competent jurisdiction declare any section or provision of
this ordinance unconstitutional or unauthorized, or in conflict with any other
section or provision of this ordinance, then such decision shall affect only the
section or provision so declared to be unconstitutional or unauthorized, and
shall not affect any other section or part of this ordinance.
SECTION 13. RECKLESS DRIVING:
Any person who drives any vehicle upon any street, alley or highway in the
Village of Nashville carelessly and heedlessly in willful or wanton disregard of
the rights or safety of others, or without due caution and circumspection and at
a speed or in a manner so as to endanger or be likely to endanger any person or
property, shall be guilty of reckless driving.
SECTION 14. MUFFLERS:
RULE 1. All motor vehicles shall be equipped with mufflers. No automobile, motor
truck or motorcycle shall be operated or driven upon the streets of the Village
of Nashville with muffler cutout open.
SECTION 15.
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 16.
All Ordinances, or parts of Ordinances conflicting with any of the provisions of
this ordinance, especially all ordinances regulating traffic in the Village of
Nashville passed previous to this ordinance are hereby repealed.
All fines paid under this ordinance shall be paid into the contingent fund of
the Village of Nashville, Michigan.
Ordinance No. 30 as reenacted and amended December 15, 1954.
ORDINANCE #1-22-2004-A - Uniform
Traffic Code
AN ORDINANCE TO ADOPT THE MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE BY
REFERENCE, TO PROVIDE PENALTIES FOR VIOLATIONS AND TO REPEAL CONFLICTING
ORDINANCES
THE VILLAGE OF NASHVILLE ORDAINS:
Section 1. Michigan Vehicle Code adopted. Pursuant to the provisions of the
General Law Village Act, Act No. 3 of the Public Acts of Michigan of 1895, as
amended, MCLA 61.1, et seq., the Michigan Vehicle Code, Act No. 300 of the
Public Acts of Michigan of 1949, as amended, MCL 257.1, et seq., is adopted by
reference, as if fully set forth herein.
Section 2. References in Michigan Vehicle Code. References in the Michigan
Vehicle Code to “local authorities” shall mean the Village of Nashville, Barry
County, Michigan.
Section 3. Enforcement of Michigan Vehicle Code: Sanctions.
(1) The Michigan Vehicle Code may be enforced by any sheriff’s deputy, police
officer or any employee of the Village authorized to enforce criminal ordinances
or authorized to issue civil infractions.
(2) The penalties provided by the Michigan Vehicle Code are adopted by
reference, provided, however, that the Village may not enforce any provision of
the Michigan Vehicle Code for which the maximum period of imprisonment is
greater than 93 days.
(3) When any person is found guilty of a misdemeanor or responsible for a civil
infraction pursuant to this section, the judge or magistrate shall summarily
determine and tax the costs of the action which shall include all expenses,
direct and indirect, to which the Village has been put in connection with the
violation or infraction up to the entry of judgment.
Section 4. Uniform Traffic Code adopted. The Uniform Traffic Code for Cities,
Townships, and Villages as promulgated by the Director of the Michigan
Department of State Police pursuant to the Administrative Procedures Act of
1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002 is
adopted by reference, as if fully set forth herein.
Section 5. References in Uniform Traffic Code. References in the Uniform Traffic
Code to “governmental unit” or “municipality” shall mean the Village of
Nashville, Barry County, Michigan.
Section 6. Enforcement of Uniform Traffic Code: Sanctions.
(1) The Uniform Traffic Code may be enforced by any sheriff’s deputy, police
officer or any employee of the Village authorized to enforce criminal ordinances
or authorized to issue civil infractions.
(2) The penalties provided by the Uniform Traffic Code are adopted by reference,
provided, however, that the Village may not enforce any provision of the Uniform
Traffic Code for which the maximum period of imprisonment is greater than 93
days.
(3) When any person is found guilty of a misdemeanor or responsible for a civil
infraction pursuant to this section, the judge or magistrate shall summarily
determine and tax the costs of the action which shall include all expenses,
direct and indirect, to which the Village has been put in connection with the
violation or infraction up to the entry of judgment.
Section 7. Repealer: Pending Proceedings. Ordinance Nos. 8-10-61A, 8-10-61B,
8-9-79 and 1-8-98-A are repealed; provided, however that all proceedings pending
all rights and liabilities existing at the time this ordinance takes effect are
saved and may be consummated or continued according to the law in force when
they were commenced. No prosecution initiated prior to the effective date of
this ordinance or initiated after the effective date of this ordinance for an
offense committed prior to the effective date shall be affected by this
ordinance.
Section 8. Publication. The Village Clerk shall publish a summary of this
ordinance in the manner provided by law and shall at the same time publish a
supplementary notice setting forth the purpose of the Michigan Vehicle Code and
Uniform Traffic Code and the fact that a complete copy of the Michigan Vehicle
Code and Uniform Traffic Code are available at the Office of the Village Clerk
for inspection by the public at all times.
Section 9. Effective Date. This ordinance shall take effect upon publication of
the summary and supplementary notice described in Section 8, as provided by
state law
ORDINANCE #1-22-2004-B -
Skateboards, Roller Blades, Etc.
AN ORDINANCE TO REGULATE THE USE OF SKATEBOARDS, INLINE SKATES, AND SIMILAR
DEVICES WITHIN THE VILLAGE OF NASHVILLE
THE VILLAGE OF NASHVILLE ORDAINS:
Section 1. Finding of Necessity. It has been determined that the unregulated use
of skateboards, inline skates and similar devices in the Village can be
detrimental to the health, safety and welfare of residents of the Village, and
that regulation of skateboards, inline skates and similar devices on the public
ways and on residential property is therefore essential.
Section 2. Conduct prohibited.
a. No person while on a public roadway, alleyway or on any public area designed
for the parking of vehicles shall engage in ice skating or skateboarding or
shall participate in the playing of any game or flip ball, basketball,
stickball, kickball, tag or other similar activity.
b. No person while on a public roadway or any public alleyway, except as
necessary to cross it, shall engage in roller skating, skateboarding, or inline
skating.
c. No person riding any bicycle, moped, coaster, roller skates, inline skates,
skateboard, go-cart, mini-bike or similar device shall attach the same or
himself or herself to a moving motor vehicle on a street, sidewalk, alley or
other public way. No operator of moving vehicle shall allow a person to attach
himself or herself to the vehicle.
d. No person shall use or operate a skateboard, roller skates, inline skates or
similar device for any purpose whatsoever on the sidewalks, streets, alleys, or
other public places within an area bounded by Reed Street to the north, Church
Street to the south, Water Street (including the parking lot) to the west, and
Putnam Street to the east of Main Street.
e. No person shall use a skateboard, roller skates, inline skates or bicycle
upon any sidewalk or other public place in a careless or negligent manner which
causes or reasonably could cause any injury to any other person or any damage to
property owned by any other person, including, without limitation, any public
property.
f. No person shall roller skate, skateboard, or inline skate on any bench,
table, planter, ramp, well, retaining wall, porch, step or other structure
located on public property of any kind.
g. No person riding a skateboard, inline skates, bicycle, roller skates or
similar device upon a sidewalk or other paved surface shall fail to yield the
right of way to any pedestrian and shall not approach, overtake or pass such
pedestrian in a reckless or negligent manner which causes or reasonably could
cause personal injury or property damage, including damage to public property.
h. No parent, guardian, or other person having the legal care and custody of any
minor under the age of seventeen (17) years shall allow, permit or encourage any
such minor to violate the provisions of this ordinance.
i. The Village Council may, in accordance with adopted rules and ordinances,
grant temporary exceptions to the prohibitions of this ordinance for special
events.
Section 3. Enforcement.
a. A person who violates this ordinance is responsible for a municipal civil
infraction. To the extent permitted by law, the civil penalties for violating
this ordinance may include, without limitation, ejection of any person from the
above-described areas and impoundment as evidence of the vehicle or device(s)
used in violation of this ordinance pending prosecution of the civil violation.
They may also include an assessment or requirement to pay the owner of the
property, including the Village, for the costs of repairing or replacing any
damaged property.
b. Upon admission or determination of responsibility for a violation, the person
responsible shall be assessed the following fines: $25 for a first violation;
$50 for a second violation; and $300 for a third or subsequent violation.
c. If a civil fine ordered, the judge or magistrate shall also summarily tax and
impose as costs all expenses, direct and indirect, to which the Village has been
put in connection with the prosecution of the civil infraction up to a maximum
of $500.
Section 4. Validity and Severability. If any provision of this ordinance is for
any reason held to be void, ineffective or unconstitutional, such invalidity
shall not affect the remaining portions of this ordinance.
Section 5. Repealer; Pending Proceedings. Ordinance No. 1-8-98-A is repealed;
provided, however that all proceedings pending and all rights and liabilities
existing at the time this ordinance takes effect are saved and may be
consummated or continued according to the law in force when they were commenced.
No prosecution initiated prior to the effective date of this ordinance or
initiated after the effective date of this ordinance for an offense committed
prior to the effective date shall be affected by this ordinance.
Section 6. Publication. The Village Clerk shall publish a summary of this
ordinance in the manner provided by law and shall at the same time publish a
supplementary notice setting forth the purpose of the Michigan Vehicle Code and
Uniform Traffic Code and the fact that a complete copy of the Michigan Vehicle
Code and Uniform Traffic Code are available at the Office of the Village Clerk
for inspection by the public at all times.
Section 7. Effective Date. This ordinance shall become effective twenty (20)
days after its adoption or upon its publication in a newspaper of general
circulation within the Village, whichever occurs later.
ORDINANCE #11 (8-1-1892) - Driving
over a Fire Hose
AN ORDINANCE TO PUNISH PERSONS FOR DRIVING OVER FIRE HOSE IN THE VILLAGE OF
NASHVILLE.
SECTION 1.
The Village of Nashville ordains, that it shall not be lawful for any person to
drive over or upon any fire hose belonging the Village of Nashville.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance irresponsible 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 21st day of August, AD 1892.
ORDINANCE #1 (6-12-1878) - Ball
Playing on Main St.
AN ORDINANCE TO PROHIBIT BALL PLAYING AND SNOWBALLING ON MAIN STREET.
SECTION 1.
The Council of the Village of Nashville ordains, that it shall be unlawful for
any person or persons to throw or knock any ball or snowball, on Main street in
the Village of Nashville.
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 tenth day of July, AD, 1878.
ORDINANCE #3 (7-13-2007-A) - Prohibit
Obstruction of Street
AN ORDINANCE TO PROHIBIT THE OBSTRUCTION OF STREETS, LANES, ALLEYS SIDEWALKS,
CROSSWALKS AND OTHER PUBLIC PLACES.
SECTION 1 PROHIBITION ON USE OF PUBLIC SPACES.
No person may place, park or store, or allow to be placed, parked or stored, in
any street, alley, or in any other public place, any motor vehicle, equipment or
materials for six or more consecutive hours, without first obtaining a written
license from the Village Council. Any such license shall be issued pursuant to
this ordinance and shall be limited to the use of a portion of the public area
for a specific purpose and for an identified period of time. Under no
circumstances shall a license authorize the obstruction of more than one-third
of the width of a sidewalk, Local, or Major Streets, and in such case the
material shall be so placed as not to intercept or interfere with the free flow
of storm water.
SECTION 2 LICENSING.
A limited license as authorized herein may not exceed a period of one year,
absent renewal, and, for a personal motor vehicle, may only be granted to
residents whose registered address is adjacent to the subject public area. A
license hereunder may only be obtained by application to the Council upon the
applicant’s compliance with applicable laws and standards, indemnification of
the Village, and payment of any associated administrative fees. Applications for
a license shall contain a statement identifying the street number of the
occupied dwelling where the vehicle is parked or is to be parked, proof of
insurance, proof of a valid license to operate the subject motor vehicle, and a
copy of the current vehicle registration for the subject motor vehicle. Any
decision to grant, limit, revoke, or renew a license under this subsection is to
be made at the sole discretion of the Council.
SECTION 3 PENALTIES
Any person who shall violate or fail to comply with the provisions of this
ordinance shall be deemed guilty of a misdemeanor, punishable by a fine not to
exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90)
days, or both. In addition, the violation of such sections shall be deemed a
nuisance per se, subject to abatement as provided by law.
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 of portion thereof.
SECTION 5 REPEAL.
All other ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
SECTION 6 EFFECTIVE DATE.
This ordinance shall take effect 20 days following its publication, as permitted
by law.
Ordinance No. 9-13-2007-A Adopted.
Published: 9-22-2007
ORDINANCE #4-10-1997 - TRAFFIC CONTROL
There shall be no parking at any time within the east right-of-way of M-66 from
100 feet south of Reed Street north to the north side of the Thornapple River.
There shall be parking north of the Thornapple River north to the Village
limits, where marked for parking on the roadway.
There shall be no parking at any time within the west right-of-way of M-66 from
100 feet south of Reed Street north to 300 feet south of the Thornapple river
and from 100 feet south of the Thornapple river north to the north Village
limit.
This order becomes effective when signs giving notice of same have been erected.
This Ordinance to be published in the Maple Valley News on April 15, 1997.
Ordinance #9-9-1999-E - PUBLIC
STREETS AND RIGHTS-OF-WAY ORDINANCE.
Declaration of Purpose.
The purpose of this public streets and rights-of-way ordinance is to regulate
and control the use of public streets, sidewalks, approaches and rights-of-way
and to establish standards pertaining to the installation of improvements within
the public streets and rights-of-way.
Definitions
Unless otherwise indicated, the terms used in this Ordinance are defined as
follows:
(a) Alley - A public or legally established private thoroughfare, other than a
street, affording a secondary means of vehicular access to abutting property and
not intended for general traffic circulation.
(b) Approach - A hard surfaced area connecting a street with an off-street
parking area, truck well, maneuvering lane or driveway as defined herein or
defined in the Zoning Ordinance.
(c) Curb - A part of the street usually of the same elevation as the center of
the street, which is parallel to the street which separates the portion of the
roadway established for vehicular traffic from the adjacent greenbelt area.
(d) Right-of-Way - The area dedicated or used by the public for vehicular or
pedestrian traffic and for the placement of public or private utilities,
including sanitary sewers, storm drains, water mains and storm ditches.
(e) Sidewalk - A slab of concrete generally parallel with the street and usually
located one (1) foot from the property line in the public right-of-way.
(f) Street - That portion of a public thoroughfare improved, designed or
ordinarily used for vehicular traffic, including curbs on paved roads and
shoulders on unimproved thoroughfares.
(g) Utility Company - Any public or private corporation holding or exercising a
franchise in the Village of Nashville for the distribution of natural gas,
water, electricity, cable television or other such services within the Village.
General Permit Requirements.
A. It shall be unlawful to construct or lay any pavement for any public street,
sidewalk, alley, approach or other public right-of-way, to repair the same, to
make any excavation within the public right-of-way, excluding snowplowing, or to
construct any improvement within the public right-of-way without first having
secured a permit from the Village.
B. It shall be unlawful to install, place, erect, construct, place or maintain
any bumps, fences, gates, chains, bars, pipes, or other structures within the
public right-of-way.
C. It shall be unlawful to install, construct or place any earthen mound with a
grade variance of more than six (6") inches, boulders, shrubs, trees, landscape
forms or sculptures exceeding six (6") inches in height within the public
right-of-way.
D. It shall be unlawful to remove or alter any pavement, tree, street
identification sign or marker, lawn, fire hydrant or other improvement placed in
the right-of-way by the Village of Nashville without first obtaining a permit
from the village.
E. It shall be unlawful to install any utility poles, towers, water mains, and
sewers. Pipes, culverts, sidewalks, or any other such structure within the
public right-of-way without first securing a permit from the village.
F. Unless a permit has been authorized by the DPW Superintendent and issued by
the Village Office, it shall be unlawful to establish any roadside stand within
the public right-of-way, nor shall any person sell anything within such public
right-of-way.
Street Cuts and Excavations.
A. Except as otherwise provided herein, it shall be unlawful to grade, regrade,
reshape, modify, or alter the surface grade of any street or public right-of-way
without first obtaining a permit pursuant to the provisions of this Ordinance.
B. It shall be unlawful to do any grading or other activity within the public
right-of-way that creates a nuisance or contributes to the accumulation of
standing water which constitutes a safety or health hazard.
C. It shall be unlawful to make any excavation or opening in or to tunnel under
any street, roadway or any portion of a public right-of-way without first
obtaining a permit pursuant to the provision of this Ordinance. The DPW
Superintendent may, if the public safety requires, grant immediate permission to
a person to make a necessary opening or excavation within the public
right-of-way provided that a permit required by this Ordinance is obtained on
the next following business day.
D. It shall be unlawful to install, replace or alter a driveway approach,
sidewalk, culvert, enclose a ditch or make a sewer or water tap without first
securing a permit in accordance with the provisions of this Ordinance and other
ordinances of the Village.
E. It shall be unlawful to construct, alter or cut any opening in or through any
curb in any street or public right-of-way without first obtaining a permit
pursuant to the provisions of this Ordinance.
F. All openings, excavations or obstructions in a street, sidewalk or any
portion of the public right-of-way, shall be properly barricaded and illuminated
with barriers and flashing beacons as required by the Sate of Michigan Manual of
Traffic Control Devices to prevent injury or damage to persons or vehicles.
Flashing beacons shall be installed at all construction sites to provide
adequate notice and warning to both pedestrians and vehicular traffic.
G. All openings, excavations and tunnels in a street, sidewalk or any portion of
the public right-of-way shall be properly shored and braced in accordance with
all standards promulgated by the Occupational Safety and Health Administration (OSHA)
and the Michigan Occupational Safety and Health Administration (MIOSHA), to
insure the safety of all workers and prevent cave-ins and washouts which would
likely cause damage to the surface grade of the street or adjoining portions of
the public right-of-way. If it appears that there is a danger to the public
safety, the Village has the authority to install any and all barricades, warning
signs and other such devices that it may deem necessary and may charge the
permit holder for such fees and costs incurred in protecting the public. The
Village shall undertake no liability for private construction activities
occurring within any portion of the public right-of-way.
H. The DPW Superintendent or his designate shall have authority to temporarily
close any street, sidewalk or right-of-way when it is deemed an unsafe
condition, or if the street, sidewalk or right-of-way is unsuitable for use.
Barriers and signs shall be erected indicating that the street, sidewalk or
right-of-way is closed to public travel. It shall be unlawful to drive or travel
over such portion of the street, sidewalk or right-of-way closed to the public
travel, except when such travel is incident to repair construction or
maintenance work performed therein.
I. It shall be unlawful to interfere with or disturb any barricade, fencing,
signs or lights lawfully placed to protect, mark or illuminate any obstruction,
excavation, repair site or opening in any street, sidewalk or any portion of the
public right-of-way.
Sidewalks
A. It shall be unlawful to install, construct, repair or reconstruct any
sidewalk within the public right-of-way without first having secured the
permission of the Village and having secured a permit as required under this
Ordinance or any other applicable Ordinance.
B. The Village Council may order the construction, reconstruction or repair of
sidewalks in any designated area within the Village if in the interest of the
health, safety and welfare of the public; or perform or have performed on its
behalf the construction, reconstruction or repair on such terms and conditions
as the Village Council deems appropriate.
C. The Village Council shall determine whether the sidewalks to be constructed,
reconstructed or repaired shall be paid for by agreement with the abutting
property owners, invoice, or by special assessment to the abutting property
owners or by some other arrangement.
D. All sidewalks within the Village shall be kept and maintained in good repair
by the owner of the land and premises adjacent to and abutting upon the same.
Regularly, the DPW Superintendent will inspect village sidewalks and prepare a
list for replacement the following year. The Village Council prior to seeking
bids will approve the replacement list. All property owners will be notified by
letter that sidewalk replacement is planned and the anticipated cost.
Application Procedure
A. Application for a permit under the terms and conditions of this Chapter and
any other applicable provision of the Village Ordinance shall be made on forms
provided by the Village, and shall be accompanied by plans and specifications
showing the proposed work to be performed within the public right-of-way.
B. Application for a permit shall not be approved unless it contains all of the
required information, is accompanied by required plans, which conform to the
applicable provisions of the Village Ordinances and Regulations and is
accompanied by the payment of the application fee as established by resolution
of the Village Council. The proposed plans and specifications shall be reviewed
by appropriate Village departments depending on the nature of the work to be
performed.
Bond and Hold Harmless Requirement
As a condition of obtaining a permit, the applicant shall be required to file
with the Village a performance bond, insurance policy, cash deposit, or letter
of credit in a amount established by the Village Council by resolution, which
shall be utilized to ensure performance of improvements as approved and to pay
claims for damages resulting from activity within the public right-of-way.
Moreover, the applicant shall execute an agreement to defend and indemnify the
Village and to hold the Village harmless in the event a claim arises out of an
activity conducted by the applicant within the right-of-way.
Inspection of Work; Suspension or Revocation of Permit
All work done pursuant to any permit issued pursuant to this Chapter shall be
inspected by the Village under the direction of the DPW Superintendent to
determine that the work conforms with the applicable Village Ordinances. The
Superintendent may suspend or revoke any permit where the workmanship or
materials used do not conform to the approved plans and specifications and the
applicable provisions of this Ordinance or other applicable Ordinances.
Violation of the terms and conditions contained in this Chapter or any other
applicable Ordinance or provision may result in the permit being revoked. It
shall be unlawful to perform any work authorized by any permit or cause any work
to be performed after permit has been suspended or revoked.
Review Procedure
A. If a permit is refused, suspended or revoked, the applicant may within ten
(10) days of the denial, suspension or revocation, appeal that determination in
writing to the Village Council. The Village Council shall, after providing
notice, conduct a hearing concerning the refusal, suspension or revocation.
After conducting the public hearing, the Village Council shall either affirm,
modify or reverse the decision of the DPW Superintendent. The decision of the
Village Council shall be final.
B. All operations for which a permit is granted pursuant to the terms of this
Chapter shall be under the direction and supervision of the DPW Superintendent.
The DPW Superintendent or his designate shall have the authority to promulgate
rules and regulations in order to implement the terms and provisions of this
Ordinance.
Conflict Between Laws
Should any article, section, subsection, paragraph sentence or phrase of this
ordinance be declared by a court of competent jurisdiction to be invalid such
decision shall not effect the validity of the ordinance as a whole or any part
thereof other than the part so declared to be invalid.
Penalties for Violation
Any person, firm, corporation or other entity who violates any term or
provisions of this ordinance is responsible for a municipal civil infraction and
shall be subject to a civil fine of $50.00 for the first violation, $150.00 for
a second violation and $300.00 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.
Provisions of this ordinance need not be complied with to the extent a person
has obtained a lawful franchise from the village.
Effective Date
This Ordinance shall be in full force and effect within twenty days from its
passage and publication according to law.
ORDINANCE#3-13-2003 -
Telecommunication Act & Permits
AN ORDINANCE TO ADOPT ORDINANCE NO. 3-13-2003, REGULATING THE USE OF VILLAGE
RIGHTS-OF-WAY BY TELECOMMUNICATIONS PROVIDERS.
THE VILLAGE OF NASHVILLE ORDAINS:
001. PURPOSE.
The purposes of this ordinance are to regulate access to and ongoing use of
public rights-of-way by telecommunications providers for their
telecommunications facilities while protecting the public health, safety, and
welfare and to exercise reasonable control of the public rights-of-way in
compliance with the Metropolitan Extension Telecommunications Rights-of-Way
Oversight Act (Act No. 48 of the Public Acts of 2002) and other applicable law,
and to ensure that the Village qualifies for distributions under the Act by
modifying the fees charged to providers and complying with the Act.
002. CONFLICT.
Nothing in this ordinance shall be construed in such a manner as to conflict
with the Act or other applicable law.
003. TERMS DEFINED.
The terms used in this ordinance shall have the following meanings:
Act means the Metropolitan Extension Telecommunications Rights-of-way Oversight
Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.
Village means the Village of Nashville.
Village Council means the Village Council of the Village of Nashville or its
designee.
This section does not authorize delegation of any decision or function that is
required by law to be made by the Village Council.
Village Clerk means the Village Clerk or her or his designee.
Permit means a nonexclusive permit issued pursuant to the Act and this ordinance
to a telecommunications provider to use the public rights-of-way in the Village
for its telecommunications facilities.
All other terms used in this ordinance shall have the same meaning as defined or
as provided in the Act, including without limitation the following:
Authority means the Metropolitan Extension Telecommunications Rights-of-Way
Oversight Authority created pursuant to the Act.
MPSC means the Michigan Public Service Commission in the Department of Consumer
and industry Services, and shall have the same meaning as the term “Commission”
in the Act.
Person means an individual, corporation, partnership, association, governmental
entity, or any other legal entity.
Public Right-of-Way means the area on, below, or above a public roadway,
highway, street, alley, easement or waterway. Public right-of-way does not
include a federal, state or private right-of-way.
Telecommunication Facilities or Facilities means the equipment or personal
property, such as copper and fiber cables, lines, wires, switches, conduits,
pipes, and sheaths, which are used to or can generate, receive, transmit, carry,
amplify, or provide telecommunication services or signals. Telecommunication
facilities or facilities do not include antennas, supporting structures for
antennas, equipment shelters or houses, and any ancillary equipment and
miscellaneous hardware used to provide federally licensed commercial mobile
service as defined in Section 332(d) of Part I or Title III of the
Communications act of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332 and further
defined as commercial mobile radio service in 47 CFR 20.3, and service provided
by any wireless, two-way communication device.
Telecommunications Provider, Provider and Telecommunications Services mean those
terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA
179, MCL 484.2102. Telecommunication provider does not include a person or an
affiliate of that person when providing a federally licensed commercial mobile
radio service as defined in Section 332(d) of Part I of the Communications Act
of 1934, Chapter 652, 48 Stat. 1064, 47 USC 332 and further defined as
commercial mobile radio service in 47 CFR 20.3, or service provided by any
wireless, two-way communication device. For the purpose of the Act and this
ordinance only, a provider also included all of the following:
(a) A cable television operator that provides a telecommunications service.
(b) Except as otherwise provided by the Act, a person who owns telecommunication
facilities located within a public right-of-way.
(c) A person providing broadband internet transport access service.
004. PERMIT REQUIRED.
(a) Permit Required. Except as otherwise provided in the Act, a
telecommunications provider using or seeking to use public rights-of-way in the
Village for its telecommunications facilities shall apply for an obtain a permit
pursuant to this ordinance.
(b) Application. Telecommunication providers shall apply for a permit on an
application form approved by the MPAC in accordance with the Act. A
telecommunications provider shall file one copy of the application with the
Village Clerk, one copy with the Village President, and one copy with the
Village Attorney. Applications shall be complete and include all information
required by the Act, including without limitation a route map showing the
location of the provider’s existing and proposed facilities in accordance with
the Act.
(c) Confidential Information. If a telecommunications provider claims that any
portion of the route maps submitted by it as part of its application contain
trade secret, proprietary, or confidential information, which is exempt from
Michigan’s Freedom of Information Act, Act No. 442 of the Public Acts of 1976,
as amended, pursuant to Section 6(5) of the Act, the telecommunications provider
shall prominently so indicate on the face of each map.
(d) Application Fee. Except as otherwise provided by the Act, an application
shall be accompanied by a one-time nonrefundable application fee in the amount
of $500.00.
(e) Additional Information. The Village Clerk may request an applicant to submit
such additional information which the Village Clerk deems reasonably necessary
or relevant. The applicant shall comply with all such requests in compliance
with reasonable deadlines for such additional information established by the
Village Clerk. If the Village and the applicant cannot agree on the requirement
of additional information requested by the Village, the Village or the applicant
shall notify the MPSC as provided in Section 6(2) of the Act.
(f) Previously Issued Permits. Pursuant to Section 5(1) of the Act,
authorizations or permits previously issued by the Village under Section 251 of
the Michigan Telecommunications Act, Act NO. 179 of the Public Acts of 1991, as
amended, and authorizations or permits issued by the Village to
telecommunications providers prior to the 1995 enactment of Section 251 of the
Michigan Telecommunications Act but after 1985 shall satisfy the permit
requirements of this ordinance.
(g) Existing Providers. Pursuant to Section 5(3) of the Act, within 180 days
from November 1, 2002, the effective date of the Act, a telecommunications
provider with facilities located in a public right-of-way in the Village as of
such date, that has not previously obtained authorization or a permit under
Section 251 of the Michigan Telecommunications Act, Act No. 179 of the Public
Acts of 1991, as amended, shall submit to the Village an application for a
permit in accordance with the requirements of this ordinance. Pursuant to
Section 5(3) of the Act, a telecommunications provider submitting an application
under this subsection is not required to pay the $500.00 application fee
required under subsection (d) above. A provider under this subsection shall be
given up to an additional 180 days to submit the permit application if allowed
by the Authority for good cause, as provided in Section 5(4) of the Act.
005. ISSUANCE OF PERMIT.
(a) Approval or Denial. The authority to approve or deny an application for a
permit is delegated to the Village Clerk. Pursuant to Section 15(3) of the Act,
the Village Clerk shall approve or deny an application for a permit within
forty-five (45) days from the date a telecommunications provider files an
application for a permit in accordance with Section 004.(b) of this ordinance
for access to a public right-of-way within the Village. The Village Clerk shall
notify the MPSC when the Village Clerk has granted or denied a permit, including
information regarding the date on which the application was filed and the date
on which permit was granted or denied. The Village Clerk shall not unreasonably
deny an application for a permit.
(b) Form of Permit. If an application for permit is approved, the Village Clerk
shall issue the permit in the form approved by the MPSC, with or without
additional or different permit terms, in accordance with Secs. 6(1), 6(2) and 15
of the Act.
(c) Conditions. Pursuant to Section 15(4) of the Act, the Village Clerk may
impose conditions on the issuance of a permit, which conditions shall be limited
to the telecommunications provider’s access and use of the public right-of-way.
(d) Bond Requirement. Pursuant to Section 15(3) of the Act, and without
limitation on subsection (c) above, the Village Clerk may require that a bond be
posted by the telecommunications provider as a condition of the permit. If a
bond is required, it shall not exceed the reasonable cost to ensure that the
public right-of-way is returned to its original condition during and after the
telecommunications provider’s access and use.
006. CONSTRUCTION/ENGINEERING PERMIT.
A telecommunications provider shall not commence construction upon, over,
across, or under the public rights-of-way in the Village without first obtaining
a construction or engineering permit as required by law, for construction within
the public rights-of-way. No fee shall be charged for such a construction or
engineering permit.
007. CONDUIT OR UTILITY POLES.
In accordance with the Act, obtaining a permit or paying the fees required under
the Act or under this ordinance does not give a telecommunications provider a
right to use conduit or utility poles.
008. ROUTE MAPS.
Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within
90 days after the substantial completion of construction of new
telecommunications facilities in the Village, submit route maps showing the
location of the telecommunications facilities to both the MPSC and to the
Village. The route maps should be in paper format unless and until the MPSC
determines otherwise, in accordance with Section 6(8) of the Act.
009. REPAIR OF DAMAGE.
A telecommunications provider undertaking an excavation or construction or
installing telecommunications facilities within a public right-of-way or
temporarily obstructing a public right-of-way in the Village, as authorized by a
permit, shall promptly repair all damage done to the street surface and all
installations under, over, below, or within the public right-or-way and shall
promptly restore the public right-of-way to its preexisting condition.
010. ESTABLISHMENT AND PAYMENT OF MAINTENANCE FEE.
In addition to the non-refundable application fee paid to the Village set forth
in Section 004(d) above, a telecommunications provider with telecommunications
facilities in the Village’s public rights-of-way shall pay an annual maintenance
fee to the Authority pursuant to Section 8 of the Act.
011. MODIFICATION OF EXISTING FEES.
In compliance with the requirements of Section 13(1) of the Act, the Village
hereby modifies, to the extent necessary, fees charged to telecommunications
providers after November 1, 2002, the effective date of the Act, relating to
access and use of the public rights-of-way, to an amount not exceeding the
amounts of fees and charges required under the Act, which shall be paid to the
Authority. In compliance with the requirements of Section 13(4) of the Act, the
Village also hereby approves modification of the fees of providers with
telecommunication facilities in public rights-of-way within the Village’s
boundaries, so that those providers pay only those fees required under the
Section 8 of the Act. The Village shall provide each telecommunications provider
affected by the fee a copy of this ordinance, in compliance with the requirement
of Section 13(4) of the Act. To the extent any fees are charged
telecommunications providers in excess of the amounts permitted under the Act,
or which are otherwise inconsistent with the Act, such imposition is hereby
declared to be contrary to the Village’s policy and intent, and upon application
by a provider or discovery by the Village, shall be promptly refunded as having
been charged in error.
012. SAVINGS CLAUSE.
Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be
invalid or unconstitutional, the modification of fees under Section 011. above
shall be void from the date the modification was made.
013. USE OF FUNDS.
Pursuant Section 10(4) of the Act, all amounts received by the Village from the
Authority shall be used by the Village solely for rights-of-way related
purposes. In conformance with that requirement, all funds received by the
Village from the Authority shall be deposited into the Major Street Fund and/or
the Local Street Fund maintained by the Village under Act NO. 51 of the Public
Acts of 1951.
014. ANNUAL REPORT.
Pursuant to Section 10(5) of the Act, the Village Clerk shall file an annual
report with the Authority on the use and disposition of funds annually
distributed by the Authority.
015. CABLE TELEVISION OPERATORS.
Pursuant to Section 13(6) of the Act, the Village shall not hold a cable
television operator in default or seek any remedy for its failure to satisfy an
obligation, if any, to pay after November 1, 2002, the effective date of this
Act, a franchise fee or similar fee on that portion of gross revenues from
charges the cable operator received for cable modem services provided through
broadband internet transport access services.
016. EXISTING RIGHTS.
Pursuant to Section 4(2) of the Act, except as expressly provided herein with
respect to fees, this ordinance shall not affect any existing rights that a
telecommunications provider or the Village may have under a permit issued by the
Village or under a contract between the Village and a telecommunications
provider related to the use of the public rights-of-way.
017. COMPLIANCE.
The Village declares that its policy and intent in adopting this ordinance is to
fully comply with the requirements of the Act, and the provisions of this
ordinance should be construed in such a manner as to achieve that purpose. The
Village shall comply in all respects with the requirements of the Act, including
but not limited to the following:
(a) Exempting certain route maps from disclosure consistent with the Act and
state law as provided in Section 004(c) of this ordinance;
(b) Allowing certain previously issued permits to satisfy the permit
requirements hereof, in accordance with Section 004(f) of this ordinance;
(c) Approving or denying an application for a permit within forty-five (45) days
from the date a telecommunications provider files an application for a permit
for access to and usage of a public right-of-way within the Village, in
accordance with Section 005(a) of this ordinance;
(d) Notifying the MPSC when the Village has granted or denied a permit, in
accordance with Section 005(a) of this ordinance;
(e) Not unreasonably denying an application for a permit, in accordance with
Section 005(a) of this ordinance:
(f) Issuing a permit in the form approved by the MPSC, with or without
additional or different permit terms, as provided in Section 005(b) of this
ordinance;
(g) Limiting the conditions imposed on the issuance of a permit to the
telecommunications provider’s access and use of the public right-of-way, in
accordance with Section 005(c) of this ordinance;
(h) Not requiring a bond of a telecommunications provider which exceeds the
reasonable cost to ensure that the public right-of-way is returned to its
original condition during and after the telecommunication provider’s access and
use, in accordance with Section 005(d) of this ordinance;
(i) Not charging any telecommunications providers any additional fees for
construction or engineering permits, in accordance with Section 006 of this
ordinance;
(j) Providing each telecommunications provider affected by the Village’s
right-of-way fees with
a copy of this ordinance, in accordance with Section 011 of this ordinance;
(k) Submitting an annual report to the Authority, in accordance with Section 014
of this ordinance; and
(l) Not holding a cable television operator in default for a failure to pay
certain franchise fees, in accordance with Section 015 of this ordinance.
018. RESERVATION OF POLICE POWERS.
Pursuant to Section 15(2) of the Act, this ordinance shall not limit the
Village’s right to review and approve a telecommunication provider’s access to
and ongoing use of a public right-of-way or limit the Village’s authority to
ensure and protect the health, safety, and welfare of the public.
019. SEVERABILITY.
The various parts, sentences, paragraphs, sections, and clauses of this
ordinance are hereby declared to be severable. If any part, sentence, paragraph,
section, or clause of this ordinance is adjudged unconstitutional or invalid by
a court or administrative agency of competent jurisdiction, the
unconstitutionality or invalidity shall not affect the constitutionality or
validity of any remaining provisions of this ordinance.
020. AUTHORIZED VILLAGE OFFICIALS.
The Village Clerk is hereby designated as the authorized Village official to
issue municipal civil infraction citations (directing alleged violators to
appear in court) or municipal civil infraction violation notices (directing
alleged violators to appear at the municipal violations bureau) for violations
under this ordinance as provided by the Village Code.
021. MUNICIPAL CIVIL INFRACTION.
A person who violates any provision of this ordinance or the terms or conditions
of a permit is responsible for a separate municipal civil infraction, and shall
be subject to civil infraction costs in addition to fines as follows: for the
first offense $500.00, for a second or subsequent offense $1,000.00. Nothing in
this Section 021 shall be construed to limit the remedies available to the
Village in the event of a violation by a person of this ordinance or a permit.
022. REPEALER.
All ordinances and portions of ordinance inconsistent with this ordinance are
hereby repealed.
023. EFFECTIVE DATE.
This ordinance shall take effect following its publications on March 18, 2003
|
VILLAGE
OF NASHVILLE, MICHIGAN
