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VILLAGE COUNCIL

VILLAGE OF NASHVILLE

BARRY COUNTY, MICHIGAN

Council Member Kenyon, supported by Council Member Holden, moved the adoption of the following ordinance:

ORDINANCE NO. 9-13-2007-A

AN ORDINANCE TO PROHIBIT THE OBSTRUCTION OF STREETS, LANES, ALLEYS, SIDEWALKS, AND OTHER PUBLIC PLACES

THE VILLAGE OF NASHVILLE ORDAINS:

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 stormwater.

SECTION 2    LICENSING. (amended 2-11-2016)

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 lifetime license may be granted to permanent residents for a personal motor vehicle for the duration of their ownership of a property, and may only be granted to owners 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 limited or lifetime 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. Lifetime license grantees must register any new vehicle with the village.  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.

Aye: Kenyon, Coll, Harwood, Holden, F Dunham

Nay: J Dunham

Absent: One open seat

Ordinance No. 9-13-2007-A Adopted.