Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
November 14, 2005

Item #1: Approved Board minutes of October 24, 2005 as printed.

Item #2: Adopt Ordinance No. 566, Open House Party Ordinance

Supervisor Payne reviewed the previous discussion on penalties and the text, reasonably know. Attorney Hampton explained the revisions presented for adoption with respect to language and the timeliness for change in the Ordinance. He recommended adoption and advised that the Ordinance meets the needs of the community. Discussion ensued between the Trustees.

The following residents addressed the Board:

Cookie Corej, 548 Roanoke

Alex Kellogg, Detroit Free Press

Julie Calajio, Board Member, Birmingham Bloomfield Coalition

MOTION by Roncelli and SUPPORT by Barnett to ADOPT Ordinance No. 566, Open House Party Ordinance with a revision to delete make a prompt response in Section 2.01, g, 3 and add immediately.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 566

OPEN HOUSE PARTY ORDINANCE

An Ordinance to regulate the use of alcoholic beverages and controlled substances at open house parties.

The Charter Township of Bloomfield ordains:

Article I. Purpose, Intent and Short Title

Section 1.01. Purpose and Intent.

The Township determines that alcohol and controlled substance use by persons less than 21 years of age should be regulated. Unregulated use creates serious social problems, including but not limited to injury and harm to persons and property caused by vehicles operated by persons less than 21 years of age under the influence of alcohol or controlled substances, disturbance of the peace, and other devastating effects upon minors and the public at large. It is further determined that the regulation of house parties, involving alcohol and controlled substance use by persons less than 21 years of age, requires sponsoring persons to assume responsibility. Prohibiting persons less than 21 years of age from attending such parties will significantly reduce the incidence of problems attributable to alcohol and controlled substance use by persons less than 21 years of age.

Section 1.02. Short Title.

This Ordinance shall be known as and may be referred to or cited as the Open House Party Ordinance.

Article II. Definitions

Section 2.01. Definitions.

1. Definitions. For the purpose of this Ordinance, the following terms shall be defined as set forth below:

a. "Alcoholic Beverage" means any beverage containing one-half of one percent or more alcohol in volume, as specified in The Michigan Liquor Control Act, Act No. 8 (extra session of The Public Acts of 1933, as amended, being MCL 436.1101 et seq.

b. "Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to Michigan Compiled Laws, Section 436.1703, as the same may be amended from time to time.

c. "Residence" or "Premises" means a motel room, hotel room, home, apartment, condominium or other dwelling unit including the property and premises of the condominium or dwelling unit, or hall, meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented or used with or without compensation.

d. "Open House Party", "House Party", or "Host Party" means a social gathering of persons at a residence or premises, other than the owner of the residence or premises or those with rights of possession to the residence or premises or their immediate family members.

e. "Drug" means controlled substance as defined now or hereafter by The Public Acts of the State of Michigan.

f. "Control" means any form of regulation or dominion including a possessory right.

g. "Corrective action" means any of the following:  

(1) Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property and taking additional action described in subsection (2) or (3) if the minor or other individual does not comply with the request.

(2) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence or other real property. House Party means a social gathering at a residence that includes at least one person who is not an owner, tenant or regular legal occupant of the residence.

In the event the person having control of the premises is unable to achieve compliance with this ordinance through the corrective action in paragraphs (g) (1) or (2), then he or she shall immediately report the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.

Section 2.02. Liability

(1)     Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence, or other real property.

(2)     Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence, or other real property.

(1)     The defendant had control over the premises, residence, or other real property.

(2)     The defendant knew that a minor was consuming or in possession of an alcoholic beverage or knew that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence, or other real property.

Article III. Savings and Repealer

Section 3.01. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before the effective date.

Section 3.02. Repealer.

All sections of prior Ordinances inconsistent with this Ordinance are, to the extent of such inconsistencies, hereby repealed including Ordinance Nos. 426 and 450.

Article IV. Public Inspection

Section 4.01. Public Inspection.

A complete copy of this Ordinance, which is part of the Township Criminal Code of Ordinance Offenses, is available at the office of the Township Clerk for inspection by the public.

Article V. Severability and Effective Date

Section 5.01. Severability.

If any section, or any part of this Ordinance shall be adjudicated to be invalid or unconstitutional, such adjudication shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, sentence or other part of this Ordinance directly adjudicated in the controversy in which such judgment shall be rendered.

Section 5.02. Effective Date.

This Ordinance shall become effective thirty (30) days from the date of publication following adoption by the Township Board.

The foregoing Ordinance was adopted by the Township Board of the Charter Township of Bloomfield on this 14th day of November, 2005.

JANET M. RONCELLI, TOWNSHIP CLERK

AYES: Unanimous

Item #3: Adopt Ordinance No. 567, Bloomfield Township Cat Ordinance

Supervisor Payne reminded the Board that no changes were made to the Ordinance since it was introduced at the last meeting. Since the Township does not have a nuisance ordinance, this Ordinance affords a control measure for cats. There was discussion among the Trustees with Clerk Roncelli suggesting the number of cats be reduced to two and Trustee Stefanes requesting a number greater than three, changes to the introduction, and deletion of Section 4: Sanitation; Section 5: Meowing Cats; and Section 6: Treatment of Cats.

The following residents addressed the Board:

H. Lawton, 541 Wadsworth

Julie Frei, 505 Wadsworth

Gary Laguire, 2976 Summerdale Lane

Cookie Corej, 548 Roanoke

Eric Shebold, 2954 Summerdale Lane

MOTION by Barnett and SUPPORT by Roncelli to ADOPT Ordinance No. 567, Bloomfield Township Cat Ordinance, limiting the number of cats to two per household.

Section 1 Definitions

• "Cat" shall mean any cat, whether male, female or neutered.
• "Owner" shall include every person having a right or property interest in a cat, and every person who keeps or harbors a cat or has it in his or her care, and every person who permits a cat to remain in or about any premises occupied or owned by such person.
• "Animal Control Officer" when used herein shall include all members of the Bloomfield Township Police Department or that person or persons employed by the Township for the purpose of enforcement and administration of this Ordinance.
• "Person" means any individual, employee, corporation, co-partnership or association.

Section 2 Duty to Keep Cat Under Reasonable Control

No person owning, possessing or harboring a cat shall permit or allow the cat to leave said person’s property and premises except when such cat is under reasonable control.

Section 3 Unlawful Acts

It shall be unlawful for any person to have in his or her possession a cat four months old or over unless such cat has been immunized for rabies with a vaccine licensed by the United States Department of Agriculture and signed by an accredited veterinarian.

Section 4 Sanitation

It shall be unlawful for any person to permit any cat owned, possessed or harbored by him to deposit fecal matter any place other than the premises where the cat is harbored or kept, unless such fecal matter is immediately collected and removed to the premises where the cat is harbored or kept.

Section 5 Meowing Cat

No person shall own, possess or harbor any cat which by loud, frequent or habitual meowing or shrieking shall cause a serious annoyance to the neighborhood or becomes a nuisance to occupiers of other property.

Section 6 Treatment of Cats

No person shall treat a cat in a cruel or inhumane manner or willfully or negligently cause or permit a cat to suffer unnecessary torture or pain.

Section 7 Impounding of Cats

It shall be the duty of the Animal Control Officer to take up, seize and place in the Bloomfield Township Animal Shelter, cat shelter and/or any other facility deemed appropriate by said Animal Control Officer any and all cats that may be running at large or being kept or harbored in any place within Bloomfield Township contrary to any provisions of this Ordinance. In the event that the Animal Control Officer impounds any cat at the Bloomfield Township Animal Shelter, cat shelter and/or any other place or facility deemed appropriate by the Animal Control Officer, said impoundment shall be at the cost of the owner of said cat. The Animal Control Officer shall have the discretion to allow the owner of an impounded cat to have the impounded cat kept at or moved to a registered kennel at the owner’s cost.

Section 8 Maximum Number of Cats

No person shall keep more than two cats of the age of six months or over on any property in Bloomfield Township. Any person who has obtained a state kennel license who keeps cats for sale, boarding, breeding or training purposes for remuneration shall be exempt from the requirements of this Ordinance. This prohibition shall not be applicable to the business premises of a licensed veterinarian.

Section 9 Application for Kennel License

Any person who shall keep or operate a kennel, shall, in lieu of the individual license required under this Ordinance, make application to the Township Clerk or his authorized agent for a kennel license, entitling the applicant to keep or operate a kennel. Such application shall set forth the name and address of the name of the applicant and shall set forth the number of cats sought to be kept thereunder. The application shall also state the purpose for which the kennel is to be maintained and such other information as may be requested by the Township Clerk or his or her authorized agents.

No kennel shall be licensed or maintained on any lot or parcel of land except those zoned B-3 General Business District as is set forth in Section 801 (5) of the Bloomfield Township Zoning Ordinance.

The owning, keeping, boarding, either permanently or temporarily of three or more cats by a person shall be deemed the operation of a kennel for which a license hereunder is required.

Section 10 License Fees for Kennel License

License fees for kennel licenses shall be established by resolution of the Bloomfield Township Board.

Section 11 Issuance of a Kennel License

Upon receipt of such application and the license fees herein provided, the Township Clerk shall issue a kennel license setting forth the maximum number of cats which may be kept thereunder, and at the same time shall issue to the applicant a number of suitable tags equal to the number of cats authorized for such license, such tags to be the same as those herein otherwise provided. Any cat in the kennel shall at all times wear a collar or a harness to which such official Township of Bloomfield tags shall be affixed, and such tags shall be used for no cats other than those in said kennel.

Section 12 Regulation of Kennels

Cats in kennels shall not be taken therefrom for any purpose unless the same shall have been properly immunized as provided in this Ordinance. Where cats in kennels have been properly immunized and have a kennel license attached to their collar or harness, the same may be taken outside the limits of the kennel provided that they are under reasonable control as defined in this Ordinance for purposes of breeding, trial, show or sale.

Section 13 Responsibility for Damages

Every owner, possessor or harborer of a cat shall be liable for damages for any and all injuries to persons or property caused by such cat, to be determined and collected in appropriate civil proceedings and nothing in this Ordinance shall be construed to impose any liability upon Bloomfield Township, its officers, agents or employees for any damages to persons or property caused by any cat or its owners, possessor or harborer.

Section 14 Animal Shelter/ Pound

Bloomfield Township may establish an animal shelter and/or cat shelter, such shelter to be located at such a place and location to be selected by the Bloomfield Township Board.

Section 15 Release of cats

No cat shall be released from the animal shelter/cat pound unless the owner, possessor or harborer or authorized agent shall pay a fee as set forth in the following schedule:

A. For release of a cat, properly immunized against rabies, the sum of $25.00.

B. Payment of the actual costs of boarding and/or housing such cat at the rate of $10.00 for each day from the first day.

C. The owner, possessor or harborer of any cat must present proof of immunization within 72 hours of release of said cat or be subject to the issuance of an Ordinance Violation for owning, possessing or harboring an un-immunized cat. The cost of immunizing shall be paid for by the owner, possessor or harborer in addition to the fees herein provided.

D. The Animal Control Officer shall keep a careful record of all cats received by him with the description thereof and the disposition of the same, which record shall be filed with the Township Clerk monthly. The Animal Control Officer shall also no later than the next working day after receipt, pay to the Township Clerk all monies received by him whereupon the Township Clerk shall turn such monies over to the Township Treasurer.

Section 16 Unclaimed Cats

All cats, not claimed and released within ten days, not including the first day of impoundment, shall be sold for the amount of boarding fees for ten days, provided said cat be properly immunized at the cost of the purchaser, released to a registered animal shelter or rescue with costs incurred by the shelter or rescue as determined by the Animal Control Officer or destroyed as a last resort if non-adoptable or non-rehabilitatable.

Section 17 Confining Cat for Observation

Any person who shall own a cat which has contracted rabies or which has been subjected to the same or which is suspected of having rabies or which has bitten any person, shall upon demand of the Animal Control Officer produce and surrender such cat to the Animal Control Officer to be held at a licensed veterinarian's office for treatment and observation for whatever period is necessary to ascertain the extent of the rabies; such confinement shall be at the sole expense of the owner of said cat and without expense or risk on the part of Bloomfield Township. In lieu of delivering such cat to the Animal Control Officer, the owner shall have the option of delivering the cat to an approved veterinarian for treatment and observation for rabies and shall furnish to the Animal Control Officer, written evidence that such cat has been so delivered and such confinement shall be at the sole expense of the owner, possessor or harborer of said cat.

Section 18 Cat Bitten By Another Cat

It shall be the duty of any person owning a cat which has been attacked or bitten by another cat or another animal showing symptoms of rabies to immediately notify the Animal Control Officer that such person has such cat in his or her possession and such person shall comply with all lawful orders and requirements of the Animal Control Officer regarding treatment of such cat for rabies.

Section 19 Quarantine

The Animal Control Officer and/or Health Officer is hereby authorized to require that any cat be quarantined or that a quarantine be established in Bloomfield Township for a defined period, whenever in his or her opinion such measures are necessary in order to protect the health, safety and welfare of the people of Bloomfield Township.

Section 20 Enforcement

Bloomfield Township may employ Animal Control Officers to primarily enforce the provisions of this ordinance and/or use the Bloomfield Township Police Department to enforce and administer the provisions of this Ordinance. The Township Code and Ordinance Department shall assist the Animal Control Officers at their request. The Animal Control Officer shall be vested with such powers of a special police officer by the Bloomfield Township Police Chief as are necessary for the limited purpose of enforcing the provisions of this Ordinance and amendments.

Section 21 Authority to Inquire

It shall be the duty of the Animal Control Officer to make diligent inquiry as to whether a cat is owned, harbored or kept within the Township of Bloomfield and whether such owner, possessor or harborer of a cat or cats is in violation of any provision of this Ordinance including, but not limited to, the provisions of Section 8. If the owner, possessor or harborer of such cat be known, the Animal Control Officer may issue a Notice of Violation to appear at the Township Clerk's office or his or her agent within 72 hours not including Saturdays, Sundays or holidays. Failure of the owner, possessor or harborer of a cat to reduce the number to a maximum of two (2) cats may result in the issuance of an Ordinance Violation by the Animal Control Officer for violation of the Section 8.

Section 22 Violation Notice

The Animal Control Officer is hereby authorized upon the witnessing of any violation of this Ordinance, in addition to seizing and impounding of such cat or cats and/or any other remedy provided to the Township pursuant to this Ordinance, to issue to the owner, possessor or harborer of such cat an Ordinance Violation Citation which shall include the date, time and location of the offense and shall include the applicable section number of this Ordinance of which the owner, possessor or harborer of such cat is in violation.

Section 23 Penalties

Any person or persons violating any of the provisions of this Ordinance shall upon conviction thereof, be subject to a fine not exceeding $500.00 plus costs, or imprisonment not exceeding 90 days in the Oakland County Jail, and/or both such fine, costs and imprisonment in the discretion of the Court.

Section 24 Short Title

This Ordinance shall be known and may be cited as the "Bloomfield Township Cat Ordinance."

Section 25 Repealer

All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 26 Severability

Should any section, subdivision, clause or phrase of this Ordinance be declared by the courts to be invalid, the same shall not effect the validity of the Ordinance as a whole or any part thereof, other than the part so invalidated.

Section 27 Savings

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they are commenced.

Section 28 Effective Date

The provisions of this Ordinance are hereby ordered to take effect 30 days after publication in the Observer & Eccentric, a newspaper circulated within said Township.

The foregoing is a true and complete copy of the Cat Ordinance adopted by the Charter Township of Bloomfield on the 14th day of November, 2005, the original of which is in my office.

Item #4: Approve 48th District Court Budget for 2006

Supervisor Payne remarked that the budget had few changes and recommended approval. A copy of the budget is on file in the Clerk’s Office.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the 48th District Court Budget for 2006.

AYES: Unanimous

Item #6: Amend Liquor License Resolution for Golden Crown Restaurant, Inc.

Item #7: Approve Payroll and Vouchers

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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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