Pedestrian Pathway Excavation

CASCADE CHARTER TOWNSHIP
Kent County, Michigan
Ordinance 6 of 2000

AN ORDINANCE GOVERNING EXCAVATION OF AND/OR ALTERATIONS TO ANY PORTION OF THE CASCADE TOWNSHIP PEDESTRIAN PATHWAY SYSTEM.

THE CHARTER TOWNSHIP OF CASCADE ("Township") ORDAINS AS FOLLOWS:

Section 1. Title. This Ordinance shall be known and referred to as the "Cascade Charter Township Pedestrian Pathway System Opening Ordinance.".

Section 2. Definition. For purposes of this Ordinance, the phrase "Pedestrian Path" shall mean the public way operated and maintained by the Township for bicycle and pedestrian use as depicted in Attachment "A" of this Ordinance.

Section 3. Pedestrian Path Openings. No person shall make any alternation, excavation or opening in, to, upon or under the Pedestrian Path (or any portion thereof) without first obtaining a written permit from the Township. No permit shall be granted until the applicant has done all of the following:

a. Fully filled out the application form required by the Township and filed the same with the Township;
b. Posted the appropriate letter of credit, cash or bond as required by the Township; and
c. Provided proof of insurance as required by the Township.

When doing any work to or under a pedestrian path, the applicant shall fully comply with this Ordinance and all requirements of the permit.

Section 4. Exemption. This Ordinance shall not apply to work to the Pedestrian Path (or affecting the same) being done by the Township.

Section 5. Compliance with Township Standards and Requirements. Any person doing any work in, to, on or under the Pedestrian Path pursuant to a permit issued under this Ordinance shall fully comply with any and all applicable Township standards and requirements as contained in Attachment "B" of this Ordinance and when finished, shall return the Pedestrian Path to its former state.

Section 6. Obstructions. No person shall obstruct or occupy (except temporarily for walking or bicycling uses) the Pedestrian Path (or any portion thereof) unless done pursuant to and in compliance with a validly issued permit from the Township.

Section 7. Damage to the Pedestrian Path. Any person who shall damage the Pedestrian path (or any portion thereof) in any way shall be responsible for returning the Pedestrian Path to its state prior to such damage. At the Township's option, the Township may either repair the damage caused by such person and such person shall be responsible for reimbursing the Township for such repair work, or alternately, the Township may require that the person who caused the damage repair the Pedestrian Path to its prior state within thirty (30) days of the date of the damage.

Section 8. Penalties. Any person who violates any provision of this ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00 or more than $500.00, plus costs and other sanctions, for each infraction. Every day that a violation continues shall constitute a separate offense. Repeat offenses under this Ordinance shall be subject to increased fines as provided below. As used herein, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of any provision of this Ordinance committed by a person within any one (1) year period and for which the person admits responsibility or is determined to be responsible. The increased fine for repeat offenses shall be as follows:

a. The fine for any offense which is a first repeat offense shall not be less than $500.00, plus costs.
b. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $750.00, plus costs.

Section 9. Severability. This Ordinance and the various portions and sections thereof are hereby declared to be severable. If any portion of this Ordinance is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby and shall remain in full force and effect.

Section 10. Effective Date: This Ordinance shall become effective upon its publication in a newspaper of general distribution in the township as specified by law.

The foregoing Ordinance was offered by Board Member Timmons, supported by Board Member Parrish. The roll call vote being as follows:

YEAS: Carpenter, Goodyke, Johnson, Julien, Kleinheksel, Parrish and Timmons.
NAYS: None
ABSTAIN: None
ABSENT: None

ORDINANCE DECLARED ADOPTED.

Marlene K. Kleinheksel
Cascade Charter Township Clerk

CERTIFICATION

I hereby certify the above to be a true copy of an ordinance adopted by the Cascade Charter Township Board at a regular meeting held at the Township Museum Building on May 31, 2000, at 7:00 pm., pursuant to the required statutory procedures.

DATED: June 1, 2000
By: Marlene K. Kleinheksel
Cascade Charter Township Clerk

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