Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, December 7, 2021 - 7:00 PM These proceeding tonight are being recorded to help prepare the minutes, after minutes are prepared this recording will be no longer available after approval of the village council. Michigan Open Meetings Act MCL 15.262(1). Page 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. AGENDA 4.1 Agenda presented for approval 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings 3-5 Regular Meeting - 02 Nov 2021 - Minutes - Pdf 5.2 Expenditures 6-7 Bills paid December 7, 2021 6. REPORTS: 6.1 Fire Dept 8-9 Fire reportNov21 6.2 VBC Commissioner (Kurt Doroh) 10 - 12 commission 12-21 (1) 6.3 Sheriff Deputy 13 Sheriff Deputy Report 6.4 Van Buren County Road Commission 14 - 16 111521 112221 112921 6.5 Blight/Zoning Report 17 Blight Zoning Monthly Report NOV 2021[3047] 6.6 Wightman & Associates (Micky) 7. UNFINISHED BUSINESS: 8. NEW BUSINESS: 8.1 Electrical Outlets on the building 18 Page 1 of 28  Quote for electrical 8.2 Christmas Ornament holders 19 Quote 8.3 Policy 20 Breedsville Policy (1) 8.4 VILLAGE OF BREEDSVILLE 21 - 24 DOMESTIC PET AND ANIMAL CONTROL Output Document (2021-22) - Pdf 8.5 VILLAGE OF BREEDSVILLE 25 - 28 EXCESSIVE NOISE ORDINANCE Output Document (2021-23) - Pdf 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger Trustee Pensinger Trustee Yeager Trustee T. Weniger President Rogusta closing statement No comments from board members 11. FINAL ANNOUNCEMENTS: Next Meeting January 4, 2022 @ 7:00 pm 12. ADJOURNMENT 12.1 Adjournment Motion to adjourn at pm Page 2 of 28  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, November 2, 2021 7:00 PM Village Hall 1. CALL TO ORDER: call to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta, Clerk Linda Norton EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Page Page31ofof28 3  5.2 Expenditures Moved by Trustee William "Billy" Yeager, seconded by Trustee Larry Weniger, motion to pay bills Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 6. REPORTS: All reports on file 6.1 Fire Dept 6.2 Sheriff Deputy 6.3 VBC Commissioner (Kurt Doroh) 6.4 Van Buren County Road Commission 6.5 Wightman & Associates (Micky) 6.6 All Reports on file 7. UNFINISHED BUSINESS: 7.1 Park update Guard rails Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to purchase post for guard rails 4 post, William to make contact for this NTE $1000.00 Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 8. NEW BUSINESS: 8.1 Signs for Autism Children in the Area Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to postpone to next month pending more information Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 8.2 Recommendations from the Park Committee Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to send survey out to residents Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Page Page42ofof28 3  8.3 MISS DIG 811 - Member As Required by Public Act 174 informational only 8.4 Lawn Mowing for Ordinance Clarification for Mr. Delooff 1. Letter - with a 7 day to correct 2. Write a citation Civil infraction after the 7 days’ 8.5 Jail Crew: scheduled to come and work November 10th. Informational only 9. PUBLIC COMMENTS: No Public Comment 10. BOARD COMMENTS: 10.1 Trustee, L. Weniger - no comment trees planted Trustee, Yeager - Garage floor stuff would be the best for the floors in the hall. Trustee, T. Weniger - nothing Trustee, B. Hibma - nothing - property for a housing project. Clerk, Norton - Received Bridge Inspection findings as few maintenance issues need to be addressed this coming Spring, Repaint the Bridge. Elected officials invited to the Senors Services pre-opening. We received approval for the ARPA funds will be receiving $9,996.00 that can only be used for approved projects. President, Rogusta closing statement - found a tool by the building. 11. FINAL ANNOUNCEMENTS: Committee meeting in December will be moved to the 11th of December 12. ADJOURNMENT 12.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to Adjourn @ 8:45 Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Page Page53ofof28 3  Village of Breedsville breedsvilleclerk@gmail.com Clerk’s Report Bills Paid December 7, 2021 General Funds Company Name Amount PD CK # Explanation 1 Consumers $240.48 Auto Village Hall Utilities Due Dec 13, 2021 2 Consumers $414.61 Auto Streetlights Nov, 23,2021 3 Frontier $167.81 Auto Hall Phone / Internet Due Dec 20, 2021 4 Van Buren Reminder $138.50 CK# 4557 Advertisement 5 Robert Deloof $292.50 CK# 4558 Blight $292.50 6 Linda Norton $20.00 CK# 4559 Gas for Tractor 7 Landers Hardware $6.99 CK# 4560 Paint for park 8 Huntree Nursery $3,050.00 CK# 4561 New Trees for Park 9 Steven Rogusta $503.31 CK# 4562 Fourth Quarter 10 Larry Weniger $138.52 CK# 4563 Fourth Quarter 11 Bruce Hibma $138.52 CK# 4564 Fourth Quarter 12 Linda Norton $692.62 CK# 4565 Fourth Quarter 13 William Yeager $212.40 CK# 4566 Fourth Quarter 14 Tim Yeager $138.52 CK# 4567 Fourth Quarter 15 MicroSoft $69.99 Auto Microsoft 365 yearly subscription 16. 17. 18. 19. 20. Deposits 1. Property Taxes 147.00 2. 3. 4. 5. 6. Bank Balance as of $86,044.56 10/30//2021 Savings Bank Balance as of $44,530.94 10/30/2021 OVER……………………………>, Page 6 of 28  Major Streets 1. Consumers Auto Streetlights $ 111.62 Nov 23, 2021 2. Consumers $12.43 Auto Streetlights LED Nov 23, 2021 3. Wightman $1,781.25 CK# 823 N Pine Street Project Deposit MTF $2,975.15 MTF ACT 51 – 10/21 Bank Balance as of $18,334.84 10/30/2021 Local Streets 1. Deposit MTF $1,015.41 MTF ACT 51 – 10/21 Bank Balance as of $23,708.53 10/30/2021 Page 2 Page 7 of 28  Report for Month of: November 2021 Emergency Responses Incident Type Oct-21 Nov-21 % Change YTD Structure Fire 111 4 4 0% 46 Columbia 6 Bangor 4 2 -50% 19 Bloomingdale 1 100% 3 Lee Twp 1 13 South Haven 7 Other Rescue (Medical) 311 19 22 16% 196 Wind/Storm Assess 813 CO Detector Failure 736 Down Power Line 444 4 16 PDA 324 3 PIA 322 1 2 50% 3 Citizen Complaint 911 Smoke Scare 651 1 2 False Alarm 700 3 1 66% 13 Illegal Burn 118 1 Grass Fire 143 15 Animal Rescue 542 Chimney Fire 114 CO Event Verified 424 Vehicle Fire 131 Hazardous Cond 400 Severe Weather SB 815 Malicious/Flase Call 710 Fire Other 100 RV Fire 137 1 Water Rescue 360 Chem Hazard CU 421 Arcing Electrical Eq 445 Move-Up/Coverage 571 Special Type Other 900 2 Gas Leak 412 2 Outside Trash Fire 150 1 100% 7 Smoke Det No Fire 743 Ice Rescue 362 Assist to Rescue 311 1 5 400% 12 Water Craft Rescue 365 YTD Total EMS--> 196 Month/Annual Total 33 35 YTD Total FD----> 123 Page 8 of 28 Page 9 of 28  DECEMBER COUNTY BOARD OF COMMISSIONERS REPORT To: Breedsville Village From: Dick Godfrey, Chair, Van Buren County Board of Commissioners; cell: 269- 251-8342; email; GODFREYR@VANBURENCOUNTYMI.GOV News from the County Commissioners (Gail Patterson-Gladney, Kurt Doroh, Richard Godfrey, Mike Chappell, Randall Peat, Donald Hanson, Paul Schincariol) ARPA FUNDS ($14.6 million) A majority of Commissioners (5 or more) has voted to fund the following requests for the use of ARPA funds by the County: (1) A request from the County Treasurer to stabilize a building at 5 West Main St. in Hartford, for $75,000.00. This is a tax-foreclosed property and is in danger of collapsing if repairs are not made. (2) A request from the County Administrator for Essential Workers Premium Pay. Previously many essential workers for the County received a payment from the State. 148 employees did not receive this payment. The total cost is $158,389.23 of ARPA funds to provide this payment. None of the elected officials are included in the 148. (3) A request from the County Administrator to use ARPA funding to recover the revenue lost by the County because of COVID-19. The County’s Auditors determined the loss to total $4,035,152 which will be transferred to the County’s General Fund from the ARPA Fund. (4) A request from the County Administrator to use ARPA funds to purchase an Emergency Announcement System for 3 County Buildings because there is no Alarm system in these buildings. The cost of this system is estimated to be $120,000.00 in ARPA Funds. CREDIT CARD PAYMENT: Commissioners reviewed and approved payment of all credit card purchases by County personnel for the period of October 1, 2020 thru September 30, 2021. The total was $1,868,097.52. Requests for credit card payments will now be made monthly. SPECIALTY COURT GRANTS: The State Court Administrative office has awarded Van Buren County $650,032.00 for the operation of its Specialty Courts: Drug Treatment Court; Family Treatment Court; Swift and Sure Sanctions Probation Program; Adult and Youth Recovery Courts; and Sobriety Court. The Office of Justice Programs approved a $700,000.00 grant to enhance the Swift and Sure program. Commissioners accepted these grants. Page 10 of 28 Michigan Department of Corrections Grant: Commissioners accepted a grant from MDOC for $150,000.00 These funds are to be used for pre-trial supervision, drug testing, electronic monitoring, and Moral Reconation Therapy. PROPERTY SALE: Commissioners authorized the County Administrator to select an agent to sell the property vacated by the Heath Department at 23200 Red Arrow highway in Mattawan. VETERANS HORTICULTURE THERAPY PROPGRAM: This is a 3 year pilot program which will be managed by MSU Extension. Commissioners approved the MSU Veterans Therapy Garden Agreement. The garden will be located on County owned property on Hazen St. JANITORIAL SERVICES: The County has been unable to fill vacant in-house janitorial positions. Therefore, the County will enter into an agreement with ABM Janitorial Services to clean the Court House and Annex buildings. The cost is $7,875.00 per month. This agreement was approved by Commissioners. LANDSCAPE AND MOWING SERVICES: Historically the County has employed workers from the jail to provide lawn care. But with changes in the law there is no longer a workforce available from the jail to provide these services. Commissioners have approved a contract with Lawn Boys and Elevate to provide these services for $85,000.00 for all County locations. ANIMAL CONTROL VEHICLE: Commissioners approved the purchase of a truck for use by Animal Control for an expense not to exceed $27,000.00. DATA CENTER LICENSING: Additional Data Center Licensing is required because of the new equipment installed last year. The lowest price is $17,486.60 to meet Microsoft Licensing requirements. Approved by Commissioners. HAZARD MITIGATION PLAN: This is a multi-jurisdictional plan which will be developed in conjunction with the South-West Michigan Planning Commission. A $32,000.00 grant is available which requires a local match of $10,350.00. Commissioners approved the proposed development plan. MICHIGAN CORONAVIRUS EMERGENCY SUPPLEMENTAL GRANT: This is a grant from the Department of Justice for $150,000.00 to assist the County in its efforts to operate remotely because of Covid-19. Commissioners approved the application of the grant through Michigan State Police. ECONOMIC DEVELOPMENT GRANT: The Entergy Corporations will provide a $55,000.00 grant to Van Buren County’s Economic Development’s Strategic Fund. This Fund will be used to mitigate the impact of the closure of Palisades Nuclear Power Plant. Commissioners approved the application for this grant. The plant will be closing in May of 2022. Page 11 of 28 Page 12 of 28  VAN BUREN COUNTY SHERIFF’S OFFICE 205 South Kalamazoo Street – Paw Paw, Michigan 49079-1594 Telephone (269) 657-2006 – Fax (269) 657-5161 Daniel E. Abbott Kevin Conklin Sheriff Undersheriff Deputy Justin Rohn- Columbia Township Telephone: 269-767-0209 Monthly Report November 2021 This report includes incidents which occurred throughout Columbia Township and the Village of Breedsville. There were not many criminal complaints this month. The few that I did have were a motor vehicle theft on CR 388, a few domestic assaults and other criminal traffic offenses. There were also more larceny complaints this month which seem to be on the rise. I did not take any criminal complaints in the Village of Breedsville in November. The only complaints I took in Breedsville were a few general assist/non-criminal complaints and medical calls. Now that winter is here, I will be doing property checks for those who are not from the area. If anyone goes on vacation or is in need of a property check, please fill out the proper property check form on the Van Buren County Website. If anyone has any information on criminal activity, it can be reported directly to me or the Van Buren County Central Dispatch at 269-657-3101. Other complaints I was dispatched to were traffic crashes and assists to other deputies outside of Columbia Township. Attached below are the monthly stats for different events and complaints that come in to VBC Dispatch and to the department cell phone. Thank you for you time. Mileage Driven in October – Approximately 1472___________ TRAFFIC STOPS: 14 CITATIONS: 5 ARRESTS: 9 PROPERTY INSPECTIONS: 6 ASSIST OTHER AGENCY: 21 – Including medicals BLIGHT/ORDINANCE (ZONING) VIOLATIONS: 4 COMPLAINTS TAKEN: 18 CRIMINAL COMPLAINTS: 5 PDA (PROPERTY DAMAGE CRASHES): 8 The Van Buren County Sheriff’s Office shall provide leadership, coordination and delivery of quality, professional law enforcement, and public safety services to the residents of Van Buren County, while respecting the rights and dignity of all persons. Page 13 of 28  Van Buren County Road Commission [ Week of November 15, 2021 ] Maintenance Engineering Operations Update Update - Asphalt patching continues countywide in - CR 388 from the Village of Bloomingdale to preparation for winter. Plow drivers are driving CR 384 in Bloomingdale Township is complete routes and patching as they see locations. and open to the traveling public. - Gravel grading in preparation of winter - CR 215 from CR 384 to CR 388 in Columbia continues in Porter and Hartford Townships. Township received shoulders and is waiting on paint lines from our contractor, as weather - Boom mowing occurs countywide as needed in allows. preparation for winter. - All Antwerp Township primary paving - Miscellaneous ditching, storm clean-up, tree projects are complete and open. trimming and removals, and stump grinding to occur as time and weather allow. - Burgess Road from 82nd Avenue to 78th Avenue in Decatur Township continues with - Paint lines are being applied around the county crosspipe replacements and ditching by the contractor as weather allows. improvements. Miscellaneous Update - As a reminder, the 2022 Road Planning Forms are due no later than December 31st. Forms can be found on our website at vbcrc.org/townshipliaison or email alyssamcandrew@vbcrc.org for a township-specific copy. Getting ready for winter operations Page 14 of 28  Van Buren County Road Commission [ Week of November 22, 2021 ] Maintenance Engineering Operations Update Update - Drivers have been repairing shoulders and - VBCRC crews have started tree trimming trimming to prepare their plow routes for winter. and removals in Keeler Township on CR 687 between 90th and 94th Avenue in - Gravel grading in preparation continues in preparation for a future paving project. preparation of freezing temperatures. - Tree trimming and removal in - Roadside mowing is underway on primary Bloomingdale Township on CR 380 from the roads in the northern portion of the County. Columbia Township Line to CR 665 will begin in December, weather permitting. - Boom mowers are working in South Haven Township. - CR 681 from M-51 to CR 352 in Hamilton Township will have trees trimmed and - Staff are trimming around guardrails in removed beginning in December. Lawrence and Hartford Townships. - The storm clean-up crew is active in the Miscellaneous Update northern part of the County addressing remaining issues by Township. - As a reminder, the 2022 Road Planning Forms are due no later than December 31st. Forms can be found on our website at vbcrc.org/townshipliaison or email alyssamcandrew@vbcrc.org for a township-specific copy. Anthony is one of the numerous staff members who have been installing wing plows on trucks. Bring on thePage Snow! 15 of 28  Van Buren County Road Commission [ Week of November 29, 2021 ] Maintenance Engineering Operations Update Update - Drivers have been repairing shoulders and - VBCRC crews have started tree trimming trimming at intersections and around signs to and removals in Keeler Township on CR 687 prepare their plow routes for winter. between 90th and 94th Avenue in preparation for a future paving project. - Gravel grading continues in preparation for winter weather. - Tree trimming and removal in Bloomingdale Township on CR 380 from the - Boom mowing is nearing completion in South Columbia Township Line to CR 665 will Haven Township. begin in December, weather permitting. - The storm clean-up crew is active in Bangor and - CR 681 from M-51 to CR 352 in Hamilton Arlington Townships addressing the remaining Township will have trees trimmed and issues. removed beginning in December. Miscellaneous Update - As a reminder, the 2022 Road Planning Forms are due no later than December 31st. Forms can be found on our website at vbcrc.org/townshipliaison or email alyssamcandrew@vbcrc.org for a township-specific copy. Throwback to plowing in porter Township in 2015. VBCRC is gearing up for lots of heavy snow this winter! Page 16 of 28 Monthly Report BIGHT NOV 2021 • Spoke with David Hudson about weeds and tall grass on his property at 0018 e main st and • he has mowed the property’s weeds and Brush. Spoke with Mr Curtis at 405 N Pine St about Blight in the yard and weeds and brush in the ditch in front of the home. Mr Curtis has not complied with the request A citation has been issued. • Spoke to the owner at 177 w main St About the motor home and he said he will move it asap 206 S Pine St Robert Bowie is letting someone live in a travel trailer with no sewer hookup and he stated that he is now using the inside of the house I told him to remove that travel trailer as soon as possible. Robert Bowie has not complied to the complaint. Issued a citation. ! Zoning 196 E Howard Street Open Citation 12-7-21 I told the owner that the travel trailer did not meet zoning requirements per square footage and then it would have to be removed because of the size and because there was no Boca sticker on the building. Also talked about removing the travel trailer from the site. Issued a citation Charles Dotson. • Spoke with the attorney’s office about the zoning violation with a travel trailer that 196 E Howard. Mary Harrison is cleaning up barn remanences of building on her at 138 e main st property. Bob Delooff Blight/Zoning Administrator Village of Breedsville, MI. Page 17 of 28 PRODUCT 118T PROPOSAL EDISON ELECTRIC 31 158 56th Avenue PAW PAW, MICHIGAN49079 (269) 657-6955 FAX (269) 657-7828 I I7 . PROPOSAL SUBMlTl'E STREET $ ‘’ ONE JOB NAME M731‘? «:2/ 3 CITY, STATE and ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: A Service Charge Of 2% Per Month Will Be Added To All Accounts Not Paid Within 30 Days. WePropose hereby to furnish material and labor — complete in accordance with above spe cifications, for the sum of: dollars ($ ). Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving Authmized Signature extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered Note: This proposal may be withdrawn by us if not accepted within Z? days. by Workman's Compensation Insurance. — The above prices, specifications and conditions are satisfactory and are hereby accepted. Youare authorized to do the Signature work as specified. Payment willbe made as outlinedabove. Date of Acceptance: Signature Page 18 of 28  COMPANY SUPPLY CENTER STEEL BLUESTARHIGHWAYAND M-43 I PHONE:(269) 637-8484 08480 BLUESTARHIGHWAY FAX:(269) 637-2469 SOUTHHAVEN, MICHIGAN49090 www.sTee|cenfersLIppIy.com ' - *n:.;u. SOLDTO A 5 d) L ADDRESS I” R CITY TAXEXEMPT:IND.PROC. U C WHOLESALE I TO: DELIVER oRDERNO. CUSTOMER DATE DELIVERY SHIPVIA QUANTITY DESCRIPTION AMOUNT X” . IT I :7 ‘,1 , x 1, I" , x ’» 5”‘. I ‘A 7 V,‘ 4»-. ,=,( I I , )'‘:4:>;'’I‘,‘| _ .,I_,/ /, ‘_ _- TOTAL TERMS:NET30 DAYS. I‘/4%SERVICECHARGE PEMONTHON ALLPASTDUEACCOUNTS.THISIS AN ANNUALPERCENTAGERATEOF I895. Page 19 of 28 ’  VILLAGE OF BREEDSVILLE POLICY REGARDING CORRECTED MARIJUANA BUSINESS LICENSE FILINGS The Village of Breedsville has issued marijuana business licenses. As a result, the Village is required to prepare ongoing forms and attestations at the request of licensees so that those items can be sent to the State of Michigan. The Village has noted that a number of forms provided by licensees to the Village for completion have been incorrect and/or in need of correction. These corrections are time-consuming for Village Staff. Therefore, the Village adopt this policy requiring the payment of an additional sum of $250 each time a corrected form or attestation is required from the Village. This sum shall be paid over by the Village to the Clerk or to the person that the Clerk asks to complete the forms of attestations. Revised or corrected forms shall not be completed unless the payment is provided. Approved December _____, 2021 by roll call Page 20 of 28  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2021-16 VILLAGE OF BREEDSVILLE DOMESTIC PET AND ANIMAL CONTROL An ordinance to secure the public health, safety, and welfare of the residents and property owners of the Village of Breedsville, Michigan, through the control and regulation of the manner in which domestic pets and other animals are controlled in the Village; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith. NOW, THEREFORE, THE VILLAGE OF BREEDSVILLE, VAN BUREN COUNTY, MICHIGAN ORDAINS: SECTION 1: Title and Designee: This ordinance shall be known and cited as the Breedsville Domestic Pet Control Ordinance. The Village is authorized to designate a person to enforce the Ordinance SECTION 2: Purpose: The Village hereby finds that the failure of animal owners to control their domestic pets and control other animals present in the Village has a detrimental effect on the public health, safety, and general welfare of the residents and property owners of Breedsville by disrupting the peace, tranquility, and quiet use of property within the Village. Animals that are not properly controlled threaten persons in the Village even if the animals only give the appearance of attacking or otherwise harming residents. SECTION 3: Definitions: For the purposes of this ordinance, the following definitions shall prevail: ➢ Animal - Dog, cat, other domestic pet. ➢ Animal Control Authority -The person or persons or Agency designated to enforce this ordinance. ➢ Animal shelter - Facility designated or recognized by the Village of Breedsville for the purpose of impounding and caring for animals. ➢ At large - An animal off the property of the owner and not under restraint. ➢ Humane manner - Care of an animal including, but not limited to, adequate heat, ventilation, sanitary shelter, wholesome food, and water consistent with the normal requirements and feeding habits of the animal’s size, species, and breed. ➢ Kennel - An establishment kept for the purpose of breeding, selling, boarding, or training dogs, cats, or other animals. ORD 2021-16 Page 21 of 28  ➢ Licensing Authority - The agency or department of Van Buren County or any designated representative thereof charged with administering the issuance or revocation of permits and licenses under the provisions of this ordinance. ➢ Neutered - Rendered permanently incapable of reproduction. ➢ Nuisance - An animal that damages, soils, defiles, or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; or chases vehicles or molests, attacks, or interferes with persons or other domestic animals on public property. ➢ Owner - A person having the right of property or custody of an animal who keeps or harbors the animal or knowingly permits the animal to remain on or about any premises occupied by that person. ➢ Person - Any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit. ➢ Dangerous - An animal that without justification attacks a person or domestic animal causing physical injury or death or that behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals. SECTION 4: Licensing and Vaccination: A. No person shall own, keep, or harbor any animal within the Village of Breedsville unless such animal is vaccinated and licensed as required by any governmental agency. B. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the Compendium. Each owner shall also receive a durable vaccination tag indicating the year in which it was issued. C. Michigan Compiled Law 287.266 requires that all dogs over 4 months old MUST have BOTH a current rabies vaccination AND a current dog license. Dog Licenses must be obtained by March 1 of the current year, or as soon as a puppy has its first rabies shot (around 4 months old). License fees for puppies under 7 months old are $10 (neutering is not required). After that date penalties apply. Van Buren County offers both a 1-year and a 3-year dog license. In order to purchase a license, your dog must have a current rabies vaccination. Current is defined as either: (1) 30 days remaining in order to purchase a 1-year license, or (2) Expiring after April 1st of the year the license expires for a 3-year license. D. Application for a license must be made within 7 days after obtaining an animal. This requirement will not apply to a nonresident keeping a dog or cat within the Village of Breedsville for no longer than 14 days. ORD 2021-16 Page 22 of 28 SECTION 5: Owner Responsibility: A. All animals shall be kept under restraint B. Every dangerous animal, as determined by the Village of Breedsville or the Van Buren County Sheriff Department, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. C. No animal shall be allowed to cause a nuisance. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this ordinance. D. Persons who fail to comply with the provisions of this section shall be subject to a fine of $500 for each instance in which this ordinance is violated. E. Animal owners shall ensure that their animal carries identification at all times in the form of microchip, tag, or other means to allow easy determination of the owners. SECTION 6: Impoundment: A. Any animal found at large shall be impounded by the Van Buren County Sheriff’s Department in an animal shelter and confined in a humane manner. Immediately upon impounding an animal, the Van Buren County Sheriff’s Department shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Animals not claimed by their owners within a period of 12 full days in which the shelter is open to the public shall become the property of the Van Buren County Sheriff’s Department. B. When an animal is found running at large and its ownership is verified by the Van Buren County Sheriff’s Department, the authority may exercise the option of serving the owner with a notice of violation in lieu of impounding the animal. C. In the event that the Van Buren County Sheriff’s Department finds an animal to be suffering, it shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner’s expense or to euthanize them when necessary to prevent further suffering. Return to the owner may be withheld until the owner has made full payment for all expenses incurred. D. Disposal of an animal by any method specified herein does not relieve the owner of liability for violations and any accrued charges. SECTION 7: Repeal of Conflicting Ordinances: All other ordinances of the Village of Breedsville that are in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 8: Severability: If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this ordinance ORD 2021-16 Page 23 of 28  CERTIFICATION I further certify that trustee L. Weniger moved for adoption of said Ordinance 2021- 16, and that trustee. W. Yeager seconded said motion. I further certify that the following members voted for adoption of said Ordinance: and that the following members voted against such Ordinance: Ayes: L. Weniger, W. Yeager, B. Hibma, T. Weniger, S. Rogusta. Nays: None I further certify that said Ordinance No 2021-16 has been recorded in the Ordinance Book of the Village of Breedsville and that such recording has been authenticated by the signatures of the Village President, and Village Clerk. Steven Rogusta Linda Norton Steven Rogusta, Village President Village of Breedsville, Clerk I do hereby certify that a synopsis of this Ordinance No 2021-16, in accordance with statutory requirements, was published on December 19, 2021, in the South Haven Tribune, a copy of which is attached hereto. PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 7th day of December 2021 Linda Norton Village of Breedsville, Clerk ORD 2021-16 Page 24 of 28  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2021-17 VILLAGE OF BREEDSVILLE EXCESSIVE NOISE ORDINANCE An ordinance to secure the public health, safety and welfare of the residents and property owners of the Village of Breedsville, Michigan, through the control and regulation of excessive noise in the Village; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith. NOW, THEREFORE, THE VILLAGE OF BREEDSVILLE, VAN BUREN COUNTY, MICHIGAN ORDAINS: SECTION 1: Title and Designee: This ordinance shall be known and cited as the Breedsville Excessive Noise Ordinance. The Village is authorized to designate a person to enforce the Ordinance. SECTION 2: Purpose: The Village hereby finds that excessive noise has a detrimental effect on the public health, safety, and general welfare of the residents and property owners of Breedsville by disrupting the peace, tranquility, and quiet use of property within the Village. SECTION 3: Prohibited noises: (a) Generally. No person shall make, or cause, permit, or allow to be made, upon a public way, or in such close proximity to a public way as to be distinctly and loudly audible upon such public way, any noise of any kind by crying, calling or shouting, or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand- organ, mechanically operated piano, other musical instrument, wind instrument, mechanical device, radio, phonograph, sound amplifying or other similar electronic devices. Any violation of the enumerated acts below constitutes a civil infraction. (b) Enumerated. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this article, but this enumeration is not exclusive: (1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicles on any street or public place, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such device for an unnecessary and unreasonable period of time, the use of any horn, whistle or other ORD 2021-17 Page 25 of 28  device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up; (2) Radios, phonographs, etc. Except as otherwise permitted by the Village, the use, operation, or permitting the use or operation of any radio or receiving set, musical instrument, phonograph, or other machine or device designed for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of others in the vicinity, or with a volume louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the device is operated and who are voluntary listeners. The standard for determining a violation of the Ordinance is whether the noise is plainly audible at a distance of 50 feet from the source of the noise. This will be prima facie evidence of a violation of this subsection. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or to attract the attention of the public to any building or structure. (4) Yelling, shouting. Except as otherwise permitted by the Village, as hereinafter provided, yelling, shouting, hooting, whistling, or singing on the public streets or any other public place, or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling or other type of residence, or of any persons in the vicinity. (5) Engine exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or other motor vehicles except through a muffler or other device which will effectively prevent loud or explosive noises. (6) Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or annoyance. (7) Loading or unloading; opening boxes. Creation of a loud and excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of files, boxes, crates, and containers. (8) Construction or repair of buildings. The erection (including excavation, demolition, alteration or repair) of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Village, which may be granted for a period not to exceed three days or less while the emergency ORD 2021-17 Page 26 of 28  continues and which may be renewed for periods of three days or less while the emergency continues. If the Village determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets or highways between the hours of 6:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience will result to any party in interest, it may grant permission for the work to be done during the hours of 6:00 p.m. and 7:00 a.m. upon application. If the Village determines that such work actually impairs the public health and safety, then such permit may be revoked by the Village. (9) Schools, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, hospital, or court while the same is in session, which interferes with the work of the institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a street upon which a school, hospital or church or court is located. (10) Hawkers and peddlers. Shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (11) Drums for commercial purposes. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by creation of noise. (12) Transportation of materials. The transportation of any material over the streets and other public places so as to cause loud noises or so as to disturb the peace and quiet of such streets. (c) Village approval. (1) Any person, firm, or entity proposing to conduct any activity or operate any sound producing device which is reasonably expected to produce a sound or occur at a time in violation of this section may apply to the Village for a permit to allow such conduct or the use of such device. In determining whether to issue such permit, the Village shall consider: a. The date and time of the proposed conduct. b. The location of the proposed conduct. i. The nature and proximity of other dwellings and/or uses. i. The type of proposed conduct and/or the type of device proposed to be used; and a. The purpose for such conduct or the use of such device. (2) The Village shall have the sole discretion to grant or deny any application for a permit. Any permit issued under this section shall apply only to those noises prohibited under subsections (b)(2) and (b)(4) above. Any permit issued by the Village shall specify the date, time, location, and duration of the permitted activity. The Village may impose such other restrictions or conditions upon the issuance of such permit as it may deem appropriate and/or necessary in the interests of the public health and welfare, including a bond. ORD 2021-17 Page 27 of 28  CERTIFICATION I further certify that trustee L. Weniger moved for adoption of said Ordinance 2021-17, and that trustee W. Yeager, seconded said motion. I further certify that the following members voted for adoption of said Ordinance: and that the following members voted against such Ordinance: Ayes: L. Weniger, W. Yeager, B. Hibma, T. Weniger, S. Rogusta. Nays: None I further certify that said Ordinance No 2021-17 has been recorded in the Ordinance Book of the Village of Breedsville and that such recording has been authenticated by the signatures of the Village President, and Village Clerk. Steven Rogusta Linda Norton Steven Rogusta, Village President Village of Breedsville, Clerk I do hereby certify that a synopsis of this Ordinance No 2021-17, in accordance with statutory requirements, was published on December 19,2021, in the South Haven Tribune, a copy of which is attached hereto. PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 07 day of December 2021 Linda Norton Village of Breedsville, Clerk ORD 2021-17 Page 28 of 28