Law Library

Local Law establishes the local government’s structure and functions, and also regulates many aspects of our daily lives. In Detroit, this local law includes the Detroit City Charter, the Detroit City Code, and many uncodified ordinances. Some local laws have developed over generations and many can be difficult to research and interpret. But understanding these laws is crucial to effectively advocate for the issues that matter most to you.

This law library provides access to the primary sources of local law in Detroit. This library will be updated regularly to include new ordinances and amendments to the City Code as they are enacted, so check back frequently!

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2012 Detroit City Charter

The 2012 Detroit City Charter was adopted by ballot proposal in November 2011 and became effective on January 1, 2012. The City Charter establishes the City government’s basic organizational structure and core operations, and establishes the powers and duties of many of its departments, including the Mayor, the City Council, and the City Clerk. The City Charter also provides procedures for certain key governmental functions, including elections, the adoption of ordinances and resolutions, preparation of the City budget, property taxation, and borrowing, among others.

Click Here to Access the 2012 Detroit City Charter


2019 Detroit City Code

The 2019 Detroit City Code was established by the City Council’s adoption of Ordinance No. 28-19, effective October 1, 2019. The City Code is the compilation of all ordinances that have been adopted by the City Council to date. The City Code is organized into 50 chapters, which are arranged alphabetically by subject matter, from Administration to Zoning. Each chapter is organized into multiple articles, divisions, and individuals sections. The official 2019 City Code is published by the MuniCode corporation.

Click Here to Access the Official 2019 Detroit City Code


Uncodified Ordinances

The Detroit City Council regularly adopts new ordinances throughout the year. Until they are formally published in the official 2019 City Code, these ordinances remain uncodified and may not be accessible to the public; however, they are still valid local law. To date, the 2019 City Code has not been supplemented since it became effective on October 1, 2019. Since then, approximately 120 ordinances have been enacted but remain uncodified.

Click Below for a Compilation of Uncodified Ordinances as a Supplement to the Official 2019 City Code:

This compilation includes only the specific sections of the City Code that have been recently amended, but where those amendments are not yet reflected in the official 2019 City Code as published by the MuniCode corporation. Where a given section is included in both the official 2019 City Code and this compilation, the current version of the law is reflected here.

Chapter 4: Advertising and Signs

Article 1: Generally.

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Section 4-1-1: Generally

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 

Advertising sign means a sign containing a commercial message that is intended to direct attention to a business, profession, commodity, service, or entertainment, that is conducted, sold, or offered elsewhere than on the premises where the sign is located or that is only incidentally conducted, sold, or offered on the premises where the sign is located. 

Advertisement-sensitive property means a premises that is occupied by or used as any of the following:

(1) A child-care home and center, which has the meaning as likewise defined in Section 50-16-152 of this Code;

(2) A child-caring institution, which has the meaning as likewise defined in Section 50-16-152 of this Code;

(3) A juvenile detention or correctional facility, which means a county facility or institution operated as an agency of the county or the juvenile division of the probate court, or a state institution or agency described in the Michigan Youth Rehabilitation Services Act, being MCL 803.301 et seq., to which a minor has been committed or in which a minor is detained;

(4) A library, which means any designated public depository of books, periodicals, public and/or historical records, or other reference materials within the City that is created pursuant to Article VIII, Section 9, of the 1963 Michigan Constitution, and is operated pursuant to Section 12 of the Michigan District Library establishment Act, being MCL 397.182;

(5) A park, which means land that is improved or intended to be improved for active or passive recreational uses, or is preserved as open space, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;

(6) A playfield, which means land that is designed for major field sports, such as baseball, football, soccer, tennis, or softball, and which requires more area than is available on a playground, is so designated, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;

(7) A playground, which means land that is designed and maintained primarily for the recreational use of children aged up to 14 years, and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;

(8) A playlot, which means land that is designed and maintained primarily for the recreational use of small children aged up to eight years and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;

(9) A recreation center, which means a facility that is created primarily to benefit minors through the use of organized educational, social, or recreational activities and is under the jurisdiction and control of the City, Wayne County, or the State of Michigan;

(10) A school, which means the buildings, grounds, and other facilities of any public, charter, parochial, or private educational institution that has as its primary purpose the education and instruction of children at the elementary, middle, junior, and senior high school levels; and

(11) A youth activity center, which has the meaning as likewise defined in Section 50-16-462 of this Code. 

Alcoholic liquor means any spirituous, vinous, malt, or fermented liquor, liquids, or compounds, whether or not medicated, proprietary, patented, or any other designation, that contain one-half of one percent or more of alcohol by volume, are fit for use as a beverage, and are defined and classified by the Michigan Liquor Control Commission according to alcoholic content as being beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink, or mixed spirit drink.

Animated sign means a type of dynamic sign in which the copy of the sign depicts motion or automatically changes copy more frequently than once every eight seconds.

Arcade sign means a sign that is suspended underneath an awning, canopy, marquee, overhang, or other element of a building or structure that forms a covered passageway for vehicles or pedestrians. 

Architectural feature means a part, portion, or projection, other than a sign, of a building or structure that contributes to its beauty, elegance, or architectural style, including, but not limited to: arches, architectural grillwork, balconies, brackets, columns, corbels, cornices, dentils, doors, iambs, lintels, masonry relief, medallions, moldings, pediments, pilasters, quoins, sills, window rails, and windows, including glazings and surrounds, but does not include open spaces or other voids in any façade of a multi-level parking structure.

Art mural means any image that is painted, projected, drawn, tiled, or similarly applied to a building exterior, or to a material that will be mounted to the building exterior, for artistic purposes, and does not contain any other type of commercial message. An art mural does not constitute either an advertising sign or a business sign.

Awning sign means a sign that is affixed to an awning or canopy. For purposes of this definition, an awning or canopy is a structure consisting of cloth, plastic, sheet metal or similar lightweight covering over a structural framework that is affixed to a building and projects therefrom, whether cantilevered from such building or supported by columns at additional points, but is not a marquee.

Building frontage means the portion of the building’s façade that is visible as perpendicularly projected along any public street or private street that is publicly accessible.

Business sign means a sign containing a commercial message that is intended to direct attention to a principal business or principal commodity, service, or entertainment that is conducted, sold, or offered on the premises on which the sign is located, or if the sign is located in the right-of-way then on the premises adjacent to the location of the sign, at a scale and intensity that is reasonably proportional to the degree of physical presence or economic activity of the business, commodity, service, or entertainment at such premises. Identification signs and sponsorship signs are types of business signs.

Central Business District means the portion of the City within the area bounded by the Detroit River, and the center lines of Brooklyn Avenue (extended), West Jefferson Avenue, Eighth Street, West Fort Street, Brooklyn Avenue, Porter Street, John C. Lodge Freeway (M-10), Fisher Freeway (1-75), Third Street, West Grand River, Temple Avenue, Fourth Street, Charlotte Street, Woodward Avenue, Fisher Freeway (1-75), Chrysler Freeway (1-375), East Jefferson Avenue, Rivard Street, Atwater Street, and Riopelle Street extended to the Detroit River.

Copy means the graphic or textual content or message displayed by a sign. 

Commercial message means speech that, wholly or in part, is intended to propose a commercial transaction regarding a business, profession, commodity, service, or entertainment that is conducted, sold, or offered in any location, whether on the same premises as where the message is offered or elsewhere.

Department means the Buildings, Safety Engineering, and Environmental Department of the City of Detroit, unless otherwise expressly stated in this chapter.

Directional sign means a sign that is intended to identify points of ingress or egress on the premises, orient pedestrians and vehicles within the premises, direct the flow of pedestrian or vehicular traffic throughout and around the premises, or identify particular neighborhoods, communities, or other identifiable areas of the City, and is not an advertising or a business sign.

Double-face sign means a sign with two sign faces, both of which are used as signs, for which the least angle of intersection between the sign faces does not exceed 45 degrees.

Dynamic sign means any sign that features the ability, whether through digital or other technological means, to automatically change the sign copy, at any frequency, without the need to manually remove and replace the sign face or its copy. An animated sign is a type of dynamic sign.

Established grade of a sign means the elevation of the grade of the premises, measured underneath, at the base of, or in the immediate vicinity of, the sign, as established by the City.

Externally illuminated sign means a type of illuminated sign that is illuminated by reflection from a source of artificial light that is not contained within the sign itself.

Freeway means as defined in Section 2 of the Michigan Highway Advertising Act of 1972, being MCL 252.302(n).

Freeway-adjacent area means the area measured from the edge of the right-ofway of a freeway and extending 3,000 feet perpendicularly and then along a line parallel to the right-of-way line.

Freeway advertising sign means an advertising sign located in a freeway adjacent area, the sign face of which is oriented toward and visible from the freeway.

Graffiti means unauthorized drawings, lettering, illustrations, or other graphic markings on the exterior of a building, premises, or structure that are intended to deface or mark the appearance of the building, premises, or structure.

Ground sign means a sign that is freestanding and is supported by one or more structural uprights, poles, braces, frames, or solid foundations that rest in or upon the ground. Monument signs and pole signs are types of ground signs.

Heritage sign means an unilluminated painted sign that is either an advertising sign or business sign, has been obsolete for a period of at least 50 years, and is registered with the Department as such.

High-density commercial/industrial sign district means the portions of the City that are designated in the Master Plan of Policies as major commercial (CM), special commercial (CS), light industrial (IL), general industrial (IG), distribution/port industrial (IDP), or airport (AP) as well as the entire portion of the City located within the Central Business District regardless of Master Plan of Policies designation therein.

High-density residential/mixed use sign district means the portions of the City that are located outside of the Central Business District, and are designated in the Master Plan of Policies as medium-density residential (RM), high-density residential (RH), neighborhood commercial (CN), or mixed residential-commercial (MRC).

Hospital means a facility primarily engaged in providing, by or under the supervision of physicians, medical services that includes inpatient acute care services, to injured, disabled, or sick persons.

Identification sign means a type of business sign that is intended solely to identify either a principal business or profession that is conducted on and physically occupies the premises where the sign is located, or the name and street number of a building or structure on the premises.

Illuminated sign means a sign for which an artificial source of light is used in order to make readable the sign’s copy. Illuminated signs are either internally illuminated or externally illuminated. 

Internally illuminated sign means a type of illuminated sign that is illuminated by direct emission from a source of artificial light that is contained within the sign itself, including signs that emit light through a transparent or translucent material component of the sign or any sign for which the sign face is substantially composed of luminescent material.

Low-density commercial/institutional sign district means the portions of the City that are located outside the Central Business District and are designated in the Master Plan of Policies as mixed-town centers (MTC), institutional (INST), thoroughfare commercial (CT), retail centers (CRC), or mixed residential-industrial (MRI).

Low-density residential sign district means the portions of the City that are located outside of the Central Business District and are designated in the Master Plan of Policies as low-density residential (RL) or low/medium-density residential (RLM).

Marquee sign means a sign that is affixed to and supported by a marquee. For the purposes of this definition, a marquee is a permanent roof-like shelter that is constructed of wood, steel, glass, or other durable materials, is supported by and extends from a building façade, and is cantilevered without support at additional points over a point of ingress and egress to the building. Marquee signs are distinct from awning signs, projecting signs, and wall signs.

Master Plan of Policies means the current version of the Master Plan of Policies for the City as adopted under authority of the Michigan Planning Enabling Act. MCL 125.3801 et seq. and Section 8-101 of the Charter.

Mechanical sign means a sign that features automated mechanical rotation, revolution, waving, flapping, or other physical movement of the sign or any of its components without causing a change to the sign’s copy.

Minor means an individual under 18 years of age.

Monument sign means a type of ground sign that is supported primarily by an internal structural framework concealed in an opaque covering or solid structural foundation, with no air space between the ground and the sign face.

Motion means the depiction of movement or change of position of copy and includes, but is not limited to, dissolving or fading text or images; travelling or running text or images; sequential text; graphic bursts; lighting that resembles zooming, twinkling or sparkling; changes in light or color; transitory bursts of light intensity; moving patterns or bands of light; expanding or contracting shapes; or any similar visual effects.

Multi-building campus means a premises that contains multiple buildings, structures, or other facilities that are interconnected by a series of private roads, pathways, open spaces, or other internal networks, all of which are utilized for a single common purpose, such as multi-building universities, hospitals, or cultural institutions.

Multiple-face sign means a sign with three or more sign faces.

Obsolete sign means a sign that is intended to direct attention to a business, profession, commodity, service, or entertainment that is no longer conducted, sold, offered, or otherwise available for purchase or patronage.

Orientation means, for any sign face, wall, façade, or other two-dimensional vertical surface, the direction of a horizontal projection of the line that is perpendicular to such surface.

Owner of the premises means with respect to a premises, building, or structure, any individual or entity that has legal or equitable title or other interest, whether in whole or in part, to the premises, building, or structure, respectively, but does not include such individual’s or entities’ affiliates, subsidiaries, members, partners, or shareholders. Any premises, building, or structure can have one or multiple owners.

Painted sign means a sign that is painted upon a wall or other exterior surface of a building or structure and is not an art mural.

Permit means a permit issued by the Department for the construction or erection of a new sign, or the alteration of an existing sign, under the authority provided in Chapter 8 of this Code, Building Construction and Property Maintenance, unless otherwise expressly stated in this chapter.

Pole sign means a type of ground sign that is supported by one or more exposed uprights, poles, or braces that rest in or upon the ground, with air space between the ground and the sign face.

Portable sign means a sign that is designed to be moved easily and that rests upon, but is not permanently affixed to the ground.

Premises means a parcel, or collection of parcels, and adjoining property that are generally under common ownership, whether publicly or privately owned, constituting a single building, structure, or development, including private streets, pathways, and other open spaces, but excluding public rights-of-way. Premises frontage means the sum of the length of all lot lines of the premises abutting any public street or private street that is publicly accessible.

Projecting sign means a sign that is affixed to and supported by any exterior wall or parapet of a building or structure and projects outward from such wall or parapet with the orientation of the sign face or faces being in a direction that is approximately perpendicular to the orientation of the façade of the wall or parapet. Projecting signs are distinct from marquee signs.

Public art means an outdoor art mural, sculpture, or other permanent or semi-permanent installation that is constructed and maintained for artistic purposes and intended to be visible to or accessible by the general public, and does not contain any type of commercial message.

Raceway sign means a type of wall sign in which individual letters, graphics, and other copy elements are separate structural components that are connected by a common component, referred to as a raceway, that provides structural support for, and electrical or mechanical operation of the sign.

Recreation/open space sign district means the portions of the City that are located outside of the Central Business District and are designated in the Master Plan of Policies as regional parks (PR), recreation (PRC), private marinas (PMR), or cemetery (CEM).

Roof line means the uppermost line of the roof of a building or, in the case of an extended façade or parapet, the uppermost point of said façade or parapet.

Roof sign means a sign that is affixed to and supported by the roof of a building or structure, the height of which extends above the highest point of the roofline of the building or structure.

Sign means any structure containing a visual display, or painted or projected image, that is oriented toward and visible from any public or private right-of-way or public property and is intended to announce, identify, inform, or direct attention. A sign can be located on the exterior of a building or other structure, or in the interior of a building if within three feet of the building’s perimeter and visible from the building’s exterior.

Sign alteration means a change of the size, shape, area, height, location, illumination, dynamic operation, construction, fabrication, material, or any other operational, construction-related, or dimensional parameter of an existing sign. Neither the maintenance of a sign within its existing operational, construction related, and dimensional parameters, nor a change or replacement of the sign’s copy, without any other change to the sign, constitutes a sign alteration.

Sign area means the area of the sign face of a sign, expressed in terms of square feet.

Sign clearance means the elevation of the lowest point of the sign above the established grade of the sign. 

Sign face means the surface of a sign upon which the copy of the sign is displayed.

Sign height means the elevation of the highest point of the sign, including its frame and support structure, above the established grade of the sign.

Sponsor means an individual or entity that has pledged its long-term support, whether financial or in-kind, in a written agreement for a term of not less than 24 consecutive months to:

(1) The premises on which the sign is located;

(2) A defined portion of the premises on which the sign is located; or

(3) A principal commodity, service, activity, or entertainment sold or offered at the premises on which the sign is located.

Whether or not such individual or entity conducts, sells, or offers its business, profession, commodity, service, or entertainment on the premises where the sign is located.

Sponsorship sign means a type of business sign that is intended to identify a sponsor of the premises, defined portion of the premises, or principal commodity, activity, or entertainment sold or offered at the premises, where the sign is located.

Temporary sign means a type of business sign that is intended to be displayed for a limited period of time.

Tobacco product means any cigarette, cigar, non-cigarette smoking tobacco, or smokeless tobacco as defined in Section 2 of the Michigan Tobacco Products Tax Acts, being MCL 205.422.

Wall sign means a sign that is affixed to and supported by, or painted or projected upon, the exterior wall or parapet of a building or structure, with the orientation of the sign face oriented in a direction that is approximately parallel to the orientation of the façade of the wall or parapet. Painted signs and raceway signs are types of wall signs. Wall signs are distinct from marquee signs.

Window sign means a sign that is:

(1) Affixed to, or painted on, the surface of an exterior window of a building or structure, and that does not completely cover or conceal the window: or

(2) Located in the interior of a building or structure within three feet of its perimeter, and is oriented toward, and is visible from, the exterior of the building or structure.

Wrapped sign means a sign containing a single sign face that covers portions of two or more adjacent façades of a building or structure by way of wrapping around the corners or edges along which such façades abut.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-2: Misdemeanor violation; aiding and abetting violation; continuing violation; penalties for conviction thereof.

(a) It shall be unlawful for any person to violate any provision of this article or to aid and abet another to violate such provision.

(b) Any person who violates this article, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.

(c) Any person who is found guilty of violating any provision of this chapter, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-3: Enforcement.

This article shall be enforced by the Police Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-4: Posting of advertising materials on public or private property.

It shall be unlawful for any person to affix, fasten, post, paint, or otherwise place any advertising sign, advertising material, or other commercial message of any kind upon any public or private property, or cause or authorize the same to be done, without the authorization of the owner thereof, or its agent, provided that this section shall not apply to a public officer or employee in the performance of a public duty or a private person giving a legal notice.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-5: Carrying or placing advertising materials on freeway overpass where visible from freeway prohibited.

It shall be unlawful for any person to carry or place on any freeway overpass any advertising sign, advertising material, or other commercial message that would be oriented toward and visible to the occupants of vehicles on such freeway.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-6: Publication of false, misleading advertising prohibited.

(a) It shall be unlawful for any person, with intent to solicit, promote, sell, lease, loan, or otherwise dispose of any event, commodity, service, security, real or personal property, or any other thing of value, to circulate, disseminate, publish, or broadcast, or otherwise place or distribute, or to cause the same, any advertising sign, advertising material, or other commercial message, whether printed or otherwise recorded, concerning such thing of value that contains any assertion, representation, claim, offer, or statement of fact that is knowingly false, deceptive, misleading, or otherwise calculated to cause injury or other disadvantage to its audience or any member thereof.

(b) Subsection (a) of this section does not apply to any owner, publisher, printer, agent, or employee of a newspaper, periodical, circular, radio or television station, or website who, in good faith and without knowledge of the false, deceptive, or misleading character thereof, publishes, causes to be published, or takes part in the publication of such advertising material.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-1-7: Presumptions concerning identity of violator.

With respect to the placement or distribution of any advertising sign, advertising material, or other commercial message that violates any provision of this chapter, a rebuttable presumption exists that the placement or distribution of such material is made with the consent of the promoter of the business, profession, commodity, service, or event that is the subject of the promotion by the material, regardless of its form.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Article 2: Distribution Of Handbills, Circulars, and Advertising Cards

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Section 4-2-1: Misdemeanor violation; continuing violation; penalties for conviction thereof.

(a) It shall be unlawful for any person to violate any provision of this article or to aid and abet another to violate such provision.

(b) Any person who violates this article, or aids and abets another to violate

such provision, may be issued a misdemeanor violation for each day that the violation continues.

(c) Any person who is found guilty of violating any provision of this article shall be convicted of a misdemeanor for each violation that is issued, and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-2-2: Enforcement.

This article shall be enforced by the Police Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-2-3: Interfering with or impeding pedestrian or vehicular traffic, prohibited.

It shall be unlawful for any person to place or distribute, or to cause the same of, any advertising sign, advertising material or other commercial message soliciting any event, commodity, service, or other thing of value in any public right-of-way, so as to interfere with or impede any pedestrian, bicycle, or vehicular traffic along or within such right-of-way.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-2-4: Solicitation at posted residential premises prohibited.

It shall be unlawful for any person to solicit, deliver, circulate, distribute, or disseminate, or to cause the same of, any advertising sign, advertising material, or other commercial message to any residential premises upon which is conspicuously posted at or near the front entrance of the residence a notice that states “No Trespassing,” “No Handbills,” “Post No Bills,” or any similar language.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Article 3: Protection of Minors Against Advertisement and Promotion of Alcoholic Liquor and Tobacco Products

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Section 4-3-1: Purpose.

(a) The primary purpose of this article is to promote the welfare and temperance of minors who are exposed to certain publicly visible advertisements of alcoholic liquor or tobacco products as defined in Section 4-1-1 of this Code, within the City, and to promote compliance with state law and this Code, which prohibit the use and consumption of alcoholic liquor and tobacco products by minors.

(b) The findings to support this article have been delineated in a resolution adopted by the City Council on July 7, 1989, and placed in the Journal of the City Council on Pages 1959 through 1963.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-2: Misdemeanor violation; continuing violation; penalties for conviction thereof.

(a) It shall be unlawful for any person to violate any provision of this article.

(b) Any person who violates this article may be issued a misdemeanor violation for each day that the violation continues.

(c) Any person who is found guilty of violating any provision of this article shall be convicted of a misdemeanor for each violation that is issued, and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-3: Enforcement.

This article shall be enforced by the Buildings, Safety Engineering, and Environmental Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-4: Advertisement of alcoholic liquor or any tobacco product prohibited within a 1,000-foot radius of certain locations.

(a) It shall be unlawful to advertise any alcoholic liquor on an advertising sign within a 1,000-foot radius of any advertisement- sensitive property.

(b) It shall be unlawful to advertise any tobacco product on an advertising sign within a 1,000-foot radius of any advertisement- sensitive property.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-5: Exceptions to prohibitions.

The provisions of Section 4-3-4 of this Code shall not apply to:

(1) Any advertising sign that is adjacent to an interstate highway, freeway, or primary highway system within the City, and is regulated by the Michigan Highway Advertising Act of 1972, being MCL 252.301 et seq.

(2) Any advertising sign that advertises alcoholic liquor and is located on the premises of a convention facility, sports arena, or stadium.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-6: Method for measurement.

The spacing between an advertising sign that advertises alcoholic liquor or a tobacco product and an advertisement sensitive property shall be measured radially as the length of the shortest straight line between the perimeter of the premises containing the advertising sign and the perimeter of the premises containing the advertisement-sensitive property.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-3-7: Phase-out period.

In the event a new advertisement-sensitive property is established subsequent to the effective date of the ordinance from which this article is derived, and is located within a 1,000-foot radius of an advertising sign lawfully advertising alcoholic liquor or a product, said advertising shall not be ordered removed until 60 days after the date of such establishment.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Article 4: Regulation of Business and Advertising Signs

Division 1: Generally

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Section 4-4-1: Purpose.

(a) The sign regulations of this article are set forth in lieu of those regulations contained in Appendix H of the 2015 Michigan Building Code, under authority of Section H101.1.1.

(b) The sign regulations of this article are intended to balance public and private interests. The purpose of this article is to provide for a safe, well-maintained, vibrant, and attractive City, while accommodating the protected rights of individuals and entities to inform, direct, identify, advertise, advocate, promote, endorse, and otherwise communicate information through signs, among multiple alternative channels for communication. The regulations contained in this article are narrowly tailored to serve multiple significant governmental interests, including those listed in this section. In furtherance of these significant governmental interests, this article regulates various structural and dimensional standards of signs, including their construction, material, area, height, projection, illumination, location, and spacing, as well as their use and operation in specified locations, but does not regulate the message, content, or communicative aspect of signs, or distinguish between commercial and noncommercial speech.

(1) General protection of public welfare: To ensure that signs are located, designed, constructed, installed, maintained, and operated so as to protect and preserve the public peace, health, safety, and welfare of the people of the City;

(2) Public safety: To protect public health and safety by prohibiting signs that are structurally unsafe or poorly maintained, or that cause unsafe traffic conditions for nearby pedestrians, motorists, and properties. Signs that are poorly maintained or are otherwise structurally unsound pose physical dangers to the surrounding area and its occupants. Signs, through excessive number, size, illumination, or dynamic operation can create unsafe distractions. Signs can be confused with traffic signals, create unwarranted distractions, impede clear roadway sightlines, or otherwise create unsafe conditions for motorists, bicyclists, pedestrians, and others traveling along the public right-of-way. Signs that overly impact or encroach into public spaces through inappropriate sizing, projection, elevation, or illumination, among other aspects of their construction or operation, can impede the safe circulation of pedestrians, including their safe ingress and egress from buildings and other structures;

(3) Neighborhood aesthetics and environment: To protect aesthetic values of the City’s neighborhoods and natural environments. The City’s neighborhoods are characterized by their unique residential, commercial, and industrial uses, their architectural themes, and their historic legacies. Signs that do not comport with such unique characteristics can significantly impair the surrounding neighborhood’s aesthetic value. Moreover, many of the City’s neighborhoods contain outdoor public recreational spaces and natural environments. Signs that overly encroach upon such spaces through their construction or operation can significantly impede access to public outdoor recreation opportunities and undermine protection of the natural environment;

(4) Facilitation of protected, speech: To facilitate the conveyance of constitutionally protected speech through the use of signs as a means of communication;

(5) Reduction of conflict: To reduce the potential for conflict among signs, buildings, and other structures that seek to occupy, utilize, or access limited light, air, and open space resources. Signs that are excessive in size, scale, or intensity can interfere with other signs, thereby impairing their communicative value. Such signs can also interfere with neighboring buildings’ access to air and natural light, and can interfere with their safe operation and the activities of their occupants; and

(6) Business identification and promotion of local commerce: To facilitate the identification of businesses and to promote local commerce at such places of business. Signs that effectively identify the presence of local businesses and that generally promote the products and services provided by such businesses can facilitate commercial activity and stimulate economic development. Additionally, wayfinding and other directional signage can facilitate the efficient flow of vehicular, bicycle, and pedestrian traffic. Conversely, signs that are excessive in size, scale, or intensity, or that conflict with each other or their surroundings, can impede such business identification and hinder local economic activity.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-2: Blight violation.

(a) In accordance with Section 41(4) of the Michigan Home Rule City Act, being MCL 117.41(4), and Sections 1-1-9(a)(3) and 3-2-1 of this Code, a violation of this article is deemed to be a blight violation.

(b) Any person who violates any section of this article may be issued a blight violation notice pursuant to Chapter 3 of this Code, Administrative Hearings and Enforcement, and Administrative Appeals, for each day that the violation continues.

(c) In accordance with Chapter 3 of this Code, Administrative Hearings and Enforcement and Administrative Appeals, any person who admits responsibility or is found to be responsible, through a blight violation determination, for a violation of this article shall be subject to a civil fine.

(d) Civil fines for any violation of this article shall be as follows:

(1) Business signs:

a. For any first offense: $400

b. For any second offense: $800

c. For any offense subsequent to a second offense: $2000

(2) Advertising signs:

a. For any first offense: $600

b. For any second offense: $1200

c. For any offense subsequent to a second offense: $3000

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-3. Enforcement.

This article shall be enforced by the Buildings, Safety Engineering, and Environmental Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-4: Noncommercial messages.

In order to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message, any sign that is allowed under this Article may contain, in lieu of any other message, any otherwise lawful noncommercial message that does not contain a commercial message and that does not direct attention to a business, profession, commodity, service, or entertainment.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-5: Computing sign area, height, and clearance.

(a) The area of a sign is computed as follows:

(1) In general, the area of a sign is the entire area of a square, rectangle, or other regular geometric figure that reasonably contains the entire sign face and all of the sign’s copy. Blank spaces between individual figures, letters, words, graphics, and other elements of a sign’s copy are included in the computation of the sign’s area. If a sign is enclosed in a frame or case, the area of the sign includes the area of the frame or case.

(2) The area of a double-face sign is the area of the largest of the sign’s two faces.

(3) The area of a multiple-face sign is the sum of the areas of each sign face of the sign.

(4) The area of a painted sign includes the area of any background colors that are different from the color of the façade on which the sign is painted, if any.

(b) The height of a sign is computed as the difference in vertical elevation between the highest point of the sign, including its frame and support structure, and the established grade of the sign.

(c) The clearance of a sign is computed as follows:

(1) In general, the clearance of a sign is computed as the difference in vertical elevation between the lowest point of the sign, including its frame and support structure, if any, and the established grade of the sign.

(2) The clearance of a ground sign is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame, but excluding its pole, monument, or other support structure, and the established grade of the sign.

(3) The clearance of a sign under which vehicular or pedestrian passage is possible, such as arcade signs and projecting signs, is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame and support structure, if any, under which clear passage is possible, and the established grade underneath the sign.

(4) The clearance of a sign that is affixed to and supported by a building or other structure, such as wall signs and projecting signs, is computed as the difference in vertical elevation between the lowest point of the sign face, including its frame and support structure, if any, but excluding the building or structure to which the sign is affixed and supported, and the established grade of the sign.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-6: Computing the measurement of spacing.

Unless expressly specified otherwise, for the purposes of this article, spacing is computed either radially or linearly.

(1) Radial spacing between two points is computed as the length of the shortest straight line connecting the perimeters of the premises at which each point is respectively located, drawn without regard to any property lines, rights-of-way, or other features, whether natural or constructed, that such line may cross.

(2) Linear spacing between two points is computed as the length of the shortest line connecting the perimeters of each premises at which each point is respectively located, following the centerline of the right-of-way connecting each premises, without regard, unless expressly stated, to the side of the right-of-way on which each such premises may be located.

(3) Notwithstanding Subsection (2) of this section, linear spacing between two advertising signs that are both (i) located within 3,000 feet of any point along the edge of the right-of-way of a freeway, and (ii) oriented towards and visible from the traveled roadway of such freeway is computed as the length of the shortest line connecting the perimeters of the premises at which each sign is respectively located, as such premises are projected perpendicularly on the edge of the right-of-way of the freeway, following the centerline of the right-of-way of the freeway, without regard to the side of the freeway on which each such premises may be located.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-7: Prohibited signs.

(a) The following signs are prohibited City-wide, unless expressly allowed in this chapter:

(1) Signs that substantially cover or conceal any architectural feature of a building;

(2) Wrapped signs operated as advertising signs;

(3) Signs that are illuminated by or otherwise equipped with a strobe or flashing light, whether internal or external to the sign;

(4) Signs that are affixed to, painted on, or otherwise supported by any rock, tree, or other natural feature;

(5) Signs that are affixed to, painted on, or otherwise supported by a fence or screening wall;

(6) Any dynamic sign that is located on or otherwise affixed to a currently registered motor vehicle: or

(7) Signs that produce sound; that cause interference with radio, telephone, television, or other communication transmissions; that produce or reflect motion pictures, except where authorized as animated signs; or that emit visible smoke, vapors, particles, or odors.

(b) The prohibitions set forth in subsection (a) of this Section are subject to waiver under Section 4-4-22 of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section. 4-4-8: Exemptions from chapter requirements.

Notwithstanding the permit for installation required pursuant to Section 8-2-5 of this Code, the following are not subject to the requirements of this article:

(1) Any display that is painted on or otherwise affixed to a currently registered motor vehicle that is used for transportation purposes in the normal course of operation of a business or other establishment;

(2) Window displays of actual merchandise for sale;

(3) Displays that are carried on or by a person;

(4) Any notice alerting the public of the presence of an alarm, security, or surveillance system;

(5) Any notice warning against trespassing, soliciting, or other interference with the property owner’s enjoyment of such owner’s property;

(6) Alerts, announcements, warning, or other notices as may be required by applicable federal, state or local law for protection of the public peace, health, safety, and welfare;

(7) Building numbers that are not more than 12 inches in height and are displayed in accordance with Section 43-2-12 of this Code;

(8) Public service announcements promoting the protection of the public peace, health, safety, and welfare;

(9) Displays of official governmental, court, or public agency orders or notices;

(10) Displays of the flags, emblems, or official insignia of a national, state, or local political unit or any of its departments or agencies;

(11) Art murals;

(12) Heritage signs;

(13) Architectural and other lighting that is operated in accordance with the lighting standards set forth in this Code; and

(14) Any sign erected by a federal, state, or local governmental agency or authority.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-9: Maintenance required.

All signs must be maintained in good repair and clear of debris. Any sign that is not maintained in good repair shall be adequately repaired, replaced, or removed, along with its frame and supporting structure. A sign shall be considered to be not in good repair if the sign is:

(1) Weathered or faded;

(2) Ripped, torn, cut, cracked, tattered, or similarly damaged;

(3) Defaced or otherwise marked with graffiti;

(4) Insecurely or inadequately affixed or anchored to the wall, parapet, roof, marquee, awning, or ground to which it is attached or placed;

(5) Supported by one or more poles, pylons, bracings, rods, supporting frameworks, foundations, anchorages, or other supports, that are broken, damaged, or otherwise unsound or of inadequate capacity;

(6) Cracked or peeled, if painted; or

(7) Inoperative, broken, or otherwise damaged, if illuminated, dynamic, mechanical, or otherwise electrified.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-10: Obsolete signs to be removed.

(a) Any sign that constitutes an obsolete sign for at least 30 consecutive days, or any temporary sign that constitutes an obsolete sign for at least seven consecutive days, may be presumed by the City to have been abandoned, and shall, along with its framework and supporting structure, be removed by the owner of the premises on which the sign is located, or its agent, upon issuance by the Department of a correction notice to remove such sign. The presumption of abandonment may be overcome upon showing that the sign does not in fact constitute an obsolete sign and proof that the owner of the premises does not intend for the sign to constitute an obsolete sign.

(b) An obsolete painted sign may be considered to be removed if it is removed so as to expose the underlying unpainted surface or is completely painted over.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-11: Signs on vacant buildings to be removed.

(a) Any sign, along with its frame and supporting structure, located on a premises that contains a building or structure that constitutes a vacant building, as defined in Section 8-15-9 of this Code, shall be removed by the owner of the premises on which the sign is located, or its agent, within 30 days upon issuance by the Department of a correction notice to remove such sign. Enforcement of this section shall be in accordance with the authority granted under Section 8-15-45 of this Code.

(b) The Department shall issue a blight violation under any of the following circumstances:

(1) If the owner fails to cure the violation within the applicable cure period after service of a correction notice; or

(2) When the owner disputes a violation identified on a correction notice; and

(3) When, in the Department’s exercise of judgment and discretion pursuant to rules adopted by the Department, the violation is of such a nature as to be substantially serious, chronic, or willful.

(c) To the extent that a building, structure, or tenant space within a building or structure that is unoccupied, secured, legally permitted, and actively being marketed for occupancy does not constitute a vacant building and is not subject to Subsection (a) of this section. 

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-12: Unused sign supports to be removed.

(a) All poles, pylons, bracing, rods, supporting frameworks, foundations, anchorages, or other supports, including all associated electrical wiring, that does not actually support a legal sign face, shall be removed by the owner of the premises, or its agent, within 30 days of issuance by the Department of a correction notice to remove such supports.

(b) The Department shall issue a blight violation under the following circumstances:

(1) If the owner fails to cure the violation within the applicable cure period after service of a correction notice; or

(2) When the owner disputes a violation identified on a correction notice; and

(3) When, in the Department’s exercise of judgment and discretion pursuant to rules adopted by the Department, the violation is of such a nature as to be substantially serious, chronic, or willful.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-13: Right of entry by City to abate nuisance: obstruction of City officers and agents prohibited.

(a) If the owner has not cured the violations within the cure period stated in a correction notice, then, in addition to powers granted elsewhere in this Code, including but not limited to Sections 8-15- 40 and 8-15-42, the City may, through its authorized employees, agents, or contracted parties, enter upon the premises and abate the nuisance by means determined by the City, unless the owner or operator has disputed the correction notice.

(1) A recipient of a correction notice may dispute such notice by contacting the Department in the manner specified in the correction notice, which shall be established by rule adopted by the Department. If notice of a dispute is allowed by telephone, the department shall establish a method to verify and track receipt of telephoned dispute notices.

(2) If a correction notice is disputed, the City’s right of entry under this section shall be suspended until a blight violation proceeding has determined that a blight violation exists or a court has determined that a violation exists.

(3) If the recipient of the correction notice does not dispute it within the cure period, the opportunity to object to the City's entry to cure the violation and abate the nuisance is deemed waived.

(b) Upon a blight violation determination that the owner is responsible for a blight violation, the City, through its authorized employees, agents, or contracted parties, may enter upon the premises and abate the nuisance by means determined by the City.

(c) The authorized officers and agents of the City shall be granted free access to and from the property for the work necessary to accomplish the abatement of any violation of this article found to exist. No person shall obstruct or prevent such work.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-14: Costs of abatement: collection of costs for city abatement of public nuisances.

The full cost of abatement actions taken or caused to be taken pursuant to this article shall be paid by the owner. The City’s costs, including administrative fees, labor, and materials, to secure compliance with a blight violation order or to abate a public nuisance under this article may be included in a blight violation determination. In accordance with Section 8-15-12 of this Code, the City may use all available remedies to secure compliance and payment, except where limited or prohibited by law.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-15: Signs subject to additional governmental jurisdiction: submission of approvals as part of sign application.

If, in addition to the jurisdiction of the Department, a sign is subject to the jurisdiction of any other federal, state, or local governmental agency or authority, the applicant for erection of the sign shall, as part of the application, provide copies of all other governmental approvals that may be required. If such other approvals are subject to any conditions of approval, or other standards, then such standards shall be incorporated by reference into the permit. Those standards that are comparable and more restrictive than the standards set forth in this chapter shall supersede and shall be considered controlling under the permit. No standards imposed by other governmental agencies that are less restrictive than the standards set forth in this chapter may relieve any obligation to adhere to the standards set forth herein. Other governmental agencies with jurisdiction over signs include, without limitation:

(1) Signs located within a historic district as identified in Chapter 21, of this Code, History, are subject to approval by the Historic District Commission and subject to its existing procedures as set forth therein.

(2) Signs located in any freeway-adjacent area adjacent to a freeway within the jurisdiction of the State of Michigan are subject to approval by the Michigan Department of Transportation.

(3) Signs located within a City-controlled public right-of-way are subject to approval by the City’s Department of Public Works.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-16: Signs located near freeways; Department of Public Works approval required.

(a) Approval by the Department of Public Works Traffic Engineering Division shall be required for the following:

(1) Any sign that is located within 125 feet of the edge of the traveled roadway of any freeway, or interchange ramps between freeways, used by traffic facing the display side of such sign or structure; and

(2) Any sign that is located within 25 feet of the right-of-way line of any freeway and is oriented toward and is visible from vehicles traveling on the freeway or interchange ramp.

(b) For each such sign, the Department of Public Works Traffic Engineering Division shall not approve the sign if it determines that the sign would create a visual distraction or other hazard to vehicular traffic traveling on the freeway or interchange ramp.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-17: Sign erection or alteration to require new permit, sign operation or maintenance to require license.

(a) It shall be unlawful to post, construct, erect, or otherwise display a sign without having first been issued a permit for such sign.

(b) It shall be unlawful to perform any sign alteration without having first been issued a permit for such sign. Any sign alteration of an existing permitted sign shall require a new permit.

(c) A permit may be applied for under this section by submission of a form acceptable to the Department in accordance with Section 4-4-17 of this Code.

(d) It shall be unlawful to operate or maintain a sign without having first been issued a license for such operation. The term of any such license shall not exceed two years. The Department may require that a sign shall be subject to inspection as a precondition to issuance of any such license. A license may be applied for under this section by submission of a form acceptable to the Department.

(e) Notwithstanding Subsections (a) through (d) of this section, the following signs, if in compliance with applicable dimensional and operations standards of this article, are not subject to the requirements of this section:

(1) Portable temporary signs that are erected and displayed in accordance with Section 4-4-183(a)(3) of this Code; and

(2) Window signage on any premises that has cumulative window signage totaling less than ten square feet.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-18: Establishment, approval, publication, and payment of fees.

In accordance with Section 6-503(13) of the Charter, the Department shall establish fees, subject to approval by the City Council by adoption of a resolution, and collect such fees based upon the cost of issuance and administration of considering applications for permits to erect or alter an existing sign or for licenses to operate or maintain a sign. A fee shall be charged for each sign for which an application for permit or license is requested. Such fee shall be non-refundable. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in this subsection shall be:

(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2) Made available at the Department and at the Office of the City Clerk; and

(3) Reviewed by the Director of the Department at least once every two years. 

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-19: Sign erection or alteration permit application requirements.

(a) An application for the erection or alteration of any sign on a premises for which a permit is required by Section 4-4-17 of this Code shall be made on a form that is provided by the Department. Permit request for each sign shall require a separate application. The Department may accept an application only if it is complete, unless otherwise specified in this Chapter. The Department shall consider an application to be complete only upon the applicant’s payment of the required permit fee and submission of an application which provides all of the following information:

(1) The name and contact information of the applicant;

(2) The name and contact information of the owner of the premises, if different from the applicant;

(3) Written authorization by the owner for the applicant, if different from the owner, to submit the application on the owner’s behalf;

(4) The name and contact information of the sign erection contractor that will erect the proposed sign for which the permit is sought;

(5) The number of the sign erection contractor’s valid license, as issued by the Buildings, Safety Engineering, and Environmental Department’s Business License Center;

(6) The address and parcel number(s) of the premises;

(7) The zoning district and sign district of premises;

(8) Proof of current ownership of the premises, as may be provided in the form of a deed, land contract or other valid and duly recorded instrument;

(9) A site plan to scale showing the existing conditions of the premises, including:

a. North arrow, legend, if applicable, with graphic and written scale;

b. Location map, showing the location of the premises;

c. Locations and names of all public rights-of-way, private roads, and railroads, as well as all existing pedestrian pathways and driveways, whether adjacent or interior to the premises;

d. Locations and outer perimeter dimensions of all existing buildings and other structures on the premises;

e. Locations of all existing signs; and

f. Location of proposed sign;

(10) The elevations of all buildings and other structures, including signs, on the premises, including:

a. Identification of the location and general orientation of the elevation;

b. A general depiction of the façade of each existing building and any other structure;

c. A general depiction of all existing signs, including applicable dimensions of height, clearance, and area;

d. A general design concept for the sign, including applicable dimensions of height clearance, and area; and

e. Total length in linear feet of the elevation(s) of each building or structure fronting a street.

(11) A summary of all existing and proposed signs, including for each such sign:

a. A description of the location of the sign, corresponding to the site plan identified in Subsection (4) of this section, including the setback from the closest right-of-way;

b. The purpose of the sign, such as for advertising or business signage purposes;

c. An indication of whether the sign is a new sign or an alteration of an existing sign;

d. The height, clearance, and area of the sign;

e. The type of construction of the sign;

f. The illumination of the sign, if any, including whether the illumination is internal or external and the type of illumination technology utilized;

g. The dynamic and animated operation of the sign, if any; 

h. All applicable sign specifications and calculations as provided in an engineer’s report where applicable; and

i. Description or identification of the current land use designation of the premises.

(12) Copies of all permits and other approvals by any other federal, state, or local governmental agency that may be necessary for construction, erection, or operation of the sign, including, but not limited to, approvals by the Michigan Department of Transportation, the Planning and Development Department, the Detroit City Planning Commission, the Detroit Historic District Commission, or the Detroit Department of Public Works.

(13) If the application is for a business sign subject to Division 3 of this Article:

a. Whether the sign constitutes any type of sign identified in Section 4-4-63 of this Code, such as a high-rise identification sign, a painted side-wall sign, a sponsorship sign associated with public art or a directional sign; and

b. Whether the premises is located in the Entertainment District, and if so, identification of the applicable zone thereof;

(14) If the application is for an advertising sign located outside the Central Business District subject to Division 4 of this article.

a. The name and contact information of the advertising partner of the applicant, if any; and

b. An affidavit, signed by a registered surveyor licensed in the State of Michigan, declaring whether or not any of the features listed in Section 4-4-103 of this Code are located within any of the associated distances set forth therein, and if so, the exact distance of each such feature from the premises.

(15) If the application is for an advertising sign located in the Central Business District subject to Division 5 of this Article:

a. The name and contact information of the advertising partner of the applicant, if any;

b. Identification of the category of advertising sign, as described in Section 4-4-128 of this Code, for which the permit is being sought; and

c. Identification of the orientation of the façade of the building or structure to which the advertising sign is proposed to be erected.

(16) If the application is for a sign located in the right-of-way subject to Division 6 of this Article:

a. The name of right-of-way in which the sign is to be located;

b. The address of the premises adjacent to the point where the sign is to be located;

c. If the sign is to operate as a business sign, the name and address of the business;

d. If the sign is to operate as an advertising sign, a description and rendering of the freestanding structure of which the sign is to be a component; and

e. If the sign is to operate as an advertising sign, an affidavit signed by a registered surveyor licensed in the State of Michigan, declaring whether or not an advertising sign is located within 250 feet in the same right-of-way as the sign and oriented in the same direction as the sign, and if so, the exact distance of such sign from the sign.

(17) If the application is for a temporary sign subject to Division 7 of this Article:

a. The number, date of issuance, and date of expiration of every temporary sign permit that has been issued in association with the premises, whether or not also associated with the applicant;

b. The date of the conclusion of the occasion to which the temporary sign is intended to direct attention;

c. If the temporary sign is to be associated with a premises that is listed as being for sale or lease, a copy of such listing; and

d. If the temporary sign is to be associated with a premises associated with an open building or construction permit, the number, issuance date, and expiration date of such permit.

(b) Submission of the name, address, and contact information for any person as may be required under Subsection (a) of this section, shall be provided in accordance with the following:

(1) Where the person is an individual:

a. The person’s full legal name, and any other name used by the person during the preceding five years;

b. The person’s current mailing address, telephone number, and e-mail address; and

c. Written proof of age in the form of a driver’s license, a picture identification document that is issued by a governmental agency and contains the person’s date of birth, or a copy of a birth certificate accompanied by a picture identification document that is issued by a governmental agency.

(2) Where the entity is a partnership:

a. The legal name, and any other name, used by the partners during the preceding five year; and

b. The current mailing address, telephone number, and e-mail address for the entity.

(3) Where the entity conducts business under a trade or assumed name:

a. The complete and full trade or assumed name;

b. The county where, and date that, the trade or assumed name was filed;

c. The name of the person or persons doing business under such trade or assumed name, the manager, and other person or persons who are in charge; and

d. The current mailing address, telephone number, and e-mail address for the entity.

(4) Where the entity is a corporation:

a. The full and accurate corporate name;

b. The state and date of incorporation;

c. The full names and addresses of officers, directors, managers, and other persons with authority to bind the corporation; and

d. The current mailing address, telephone number, and e-mail address for the entity.

(5) The name, business address, and telephone number of the business.

(6) The name and business address of the statutory agent or other agent, who is authorized to receive service of process.

(c) Any information provided by the applicant in accordance with this section shall be supplemented in a form acceptable to the Department within ten business days of a chance of circumstances that would render false or incomplete the information that was previously submitted. The requirement to provide supplemental information shall be ongoing during the pendency of the application and the term of the permit, if issued.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-20: Relation to other regulations.

(a) In the event that the regulations set forth in this chapter are in conflict with, or otherwise differ from, comparable regulations set forth in any other chapter of this Code, the provisions of this chapter shall control, with the exception of regulations set forth in Chapter 50 of this Code. Zoning pertaining to the dimensional standards and other substantive requirements for signs located in a Planned Development (PD) District, Special Development District, Casinos (SD5) or in a Traditional Main Street Overlay (TMSO) area, in which case the more restrictive provision shall control.

(b) Nothing in this chapter shall exempt any sign from Special District Review, or any other procedural review requirements and associated design standards, set forth in Chapter 50 of this Code, Zoning, as may be applicable to signs located in a Planned Development (PD) Public Center (PC) District, Public Center Adjacent (PCA) District, Parks and Recreation (PR) District, Special Development District, Technology and Research (SD3), Special Development District, Riverfront Mixed Use (SD4), or Special Development District, Casinos (SD5).

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-21: Amortization.

(a) Any sign for which a permit, grant or other approval has been issued prior to the effective date of this ordinance, that is in compliance with all terms and conditions of such approval, but that does not conform to the provisions and standards of Chapter 4, Article 4, Divisions 2 through 7, shall not be subject to the dimensional standards and other substantive requirements of this Article until January 1, 2030. Upon such date, each such sign shall be subject to all applicable requirements set forth in this chapter, notwithstanding any permit grant, or other approval that has been issued under the authority of Chapter 50 of this Code, Zoning, or any provision allowing the persistence of any nonconforming use set forth in this Code.

(b) Any sign for which a permit, grant, or other approval has been issued under the authority of this chapter, that is in compliance with all terms and conditions of such approval, and that is rendered in violation of this chapter solely as a result of an amendment hereof, shall not be subject to the dimensional standards and other substantive requirements of this Article for a period of 10 years, commencing upon the effective date of such amendment. Upon the completion of such period, each such sign shall be subject to all applicable requirements set forth in this chapter, notwithstanding any permit, grant, or other approval that authorizes anything to the contrary.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-22: Waivers and adjustments to sign standards.

(a) Any dimensional or operational standard or requirement set forth in this article may be subject to waiver or adjustment in accordance with the provisions of this section, except as expressly limited or prohibited. The Director of the Planning and Development Department or the Director’s Designee, is authorized to serve as the administrator for waivers and adjustments.

(b) In accordance with Section 2-111 of the Charter, the Director of the Planning and Development Department or the Director's Designee, is authorized to promulgate rules for the administration of waivers and adjustments under this section.

(c) The owner of any premises may, upon petition to the Director of the Planning and Development Department or the Director’s Designee, request the waiver or adjustment of any dimensional or operational standard or requirement set forth in this article, except as expressly limited or prohibited, with which the proposed signage for such premises may not strictly comply. Such petition shall consist of a completed application in a form acceptable to the Director of the Planning and Development Department, or the Director’s Designee, an application for the erection or alteration of the proposed signage in accordance with Section 4-4-19 of this Code, and an application fee. Every petition shall be subject to a public hearing in accordance with the procedures and standards of this section.

(d) The Director of the Planning and Development Department, or the Director’s Designee, shall charge a fee for the processing of any petition for waiver and adjustment under this Section. In accordance with Section 9-507 of the Charter, the Director of the Planning and Development Department or the Director’s Designee, shall establish a fee, subject to approval by the City Council by adoption of a resolution, and collect such fee based upon the cost of issuance and administration of considering petitions for waivers and adjustments. A non-refundable fee shall be charged for each premises for which a petition for waiver or adjustment of certain standards is requested, regardless of the number of specific standards or requirements for which a waiver or adjustment may be requested. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in this subsection shall be:

(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2) Made available at the Planning and Development Department and at the Office of the City Clerk; and

(3) Reviewed by the Director of the Planning and Development Department at least once every two years.

(e) Not more than five business days following the date of the submission of a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall evaluate the petition, determine if it is complete or deficient, and inform the petitioner as to its status. If the petition is incomplete or otherwise deficient in any way, the Director of the Planning and Development Department or the Director’s Designee, shall inform the petitioner of such deficiency and allow the petitioner to correct the deficiency within a specified period of time not to exceed 30 days. The Director of the Planning and Development Department, or the Director’s Designee, shall dismiss any deficient petition that is not timely corrected. If the petition is complete and not deficient in any way, the Director of the Planning and Development Department, or the Director’s Designee, shall assign a unique case number to the petition, and inform the petitioner of such case number and the date of the public hearing regarding the petition. The Director of the Planning and Development Department, or the Directors Designee, shall schedule each petition for the next available public hearing date, unless a later date is requested in writing by the petitioner, and shall schedule petitions for public hearing in the order in which they are deemed to be complete.

(f) Not less than 15 calendar days prior to the date of the public hearing for a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall issue public advisement of such hearing containing the following:

(1) Name of the petitioner;

(2) Address of the subject premises;

(3) Summary of the proposed signage at the subject premises for which a waiver or adjustment is sought, including a general description of the construction, area, height and illumination of each such proposed sign;

(4) Citation to the specific provisions of this article for which a waiver or adjustment is petitioned and the strict standards and requirements set forth in such provisions as applicable to the proposed signage;

(5) Summary of the extent to which each proposed sign does not comply with the strict standards and requirements set forth in this article;

(6) The criteria by which a waiver or adjustment may be approved, as set forth in Subsection (i) of this section;

(7) The date, time, and location of the public hearing for the petition; and

(8) Advisement of the opportunity to attend the public hearing and to submit written comment regarding the petition, the name and contact information to which such comments can be submitted, and the date by which such comments must be received, including the location, mailing address, and email address to which such comments can be submitted.

(g) The Director of the Planning and Development Department or the Director’s Designee, shall distribute any advisement required pursuant to Subsection (f) of this section by each of the following means:

(1) Publication in a newspaper of general circulation within the City;

(2) Publication on a page of the City’s website associated with the Planning and Development Department for a period to conclude no sooner than the date of the public hearing;

(3) Mail or by personal service with proof of delivery to the owners and occupants of all buildings or structures of which any portion is located within 300 feet, measured radially, of the premises that is the subject of the petition. If a single building or structure within that area contains four or more dwelling units or tenant spaces, then notice may be sent to the owner of the building or structure with a request that such notice be distributed to all occupants;

(4) Mail, email, or personal service to the Buildings, Safety Engineering, and Environmental Department, the Department of Public Works, the City Planning Commission, and any other City department or agency that has made such request; and

(5) Causing the applicant to erect a posting at the premises that is the subject of the petition, at a location along the frontage of such premises, in a manner that is clearly visible from the adjacent street and in a form that is acceptable to the Director of the Planning and Development Department, or the Director’s Designee, for a period to conclude no sooner than the date of the public hearing.

(h) The Director of the Planning and Development Department, or the Director’s Designee, shall accept any written comment document, report, and other written information that pertains to the petition and is timely submitted to the Director of the Planning and Development Department, or the Director’s Designee, prior to the conclusion of the public hearing from the City Planning Commission, any other City department or agency, or any other source, and shall make all timely submitted writings a part of the record regarding the petition.

(i) The Director of the Planning and Development Department, or the Director’s Designee, shall conduct each public hearing regarding a petition for a waiver or adjustment at a public meeting in accordance with the Michigan Open Meetings Act 1976 PA 267, being MCL 15.261, et seq., as amended, as well as with its general rules and procedures.

(j) The Director of the Planning and Development Department, or the Director’s Designee, may approve a petition for a waiver or adjustment only upon finding that such waiver or adjustment satisfies all of the following:

(1) That, without the requested waiver or adjustment, the sign would be subject to one or more practical difficulties that would substantially hinder the communicative potential of the sign;

(2) That the requested waiver or adjustment is necessary to address all practical difficulties referenced in Subsection (j)(1) of this section, as no form of alternative signage in accordance with this chapter could effectively eliminate all such practical difficulties;

(3) That the requested waiver or adjustment would be sufficient to effectively eliminate all practical difficulties referenced in Subsection (j)(1) of this section;

(4) That the requested waiver or adjustment will not have a detrimental effect on the privacy, light, or air of the premises or neighboring premises;

(5) That the requested waiver or adjustment will not substantially affect the use or development of the subject premises or neighboring premises;

(6) That the requested waiver or adjustment will not substantially impair, detract from, or otherwise affect the aesthetic value of the subject premises or neighboring premises;

(7) That the requested adjustment will not in any way increase the potential for distraction to, obstruct the flow of, or otherwise harm pedestrians or motor vehicles passing within view of the sign; and

(8) The proposed signage for the subject premises, submitted as part of the application for the waiver or adjustment, is in general accord with the spirit and intent of the regulations set forth in this chapter. 

The Director of the Planning and Development Department, or the Director’s Designee, may approve a petition with conditions if it determines that satisfaction of such conditions are necessary to enable it to make all of the above-listed findings. All such conditions must be reasonably related to the scope of the petition and in proportion to the magnitude of the requested waiver or adjustment.

(k) Not more than 15 business days following the public hearing for a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall issue its written decision regarding such petition. Such written decision constitutes the final administrative decision of the Director of the Planning and Development Department, or the Director’s Designee, on behalf of the Planning and Development Department regarding the petition. Each such written decision shall contain the following:

(1) All required contents of the public notice for the petition, as set forth in Subsection (f) of this section, except for the contents required under paragraph (f)(8).

(2) Summary of the record of the public hearing, including summaries of the testimony, written materials, and other information provided by the petitioner, summaries of the public comments, whether submitted in writing or in person, and other information pertinent to the administrative decision regarding the petition.

(3) The decision of the Director of the Planning and Development Department, or the Director’s Designee, to approve, approve with conditions, or deny the petition.

(4) For any petition that is approved with conditions, all such conditions.

(5) Explanation of the basis for approval, approval with conditions, or denial, including discussion of the petition’s satisfaction or failure to satisfy each of the specific findings listed in Subsection (j) of this section.

(6) For any petition that is approved, approved with conditions, or denied, notice of the opportunity to appeal the decision of the Director of the Planning and Development Department, or the Director’s Designee, as authorized by Section 4-4-23 of this Code, and the deadline by which such appeal must be made, as well as a certificate of the right to appeal in a form acceptable to the Department of Appeals and Hearings.

(l) Upon issuance of its decision regarding a petition, the Director of the Planning and Development Department, or the Director’s Designee, shall distribute such decision to each of the following:

(1) By mail, email, or personal service with proof of delivery to the petitioner, and any other attendee at the public hearing that has so requested.

(2) By publication on a page of the website of the City associated with the Planning and Development Department.

(3) By any other means that the Director of the Planning and Development Department, or the Director’s Designee, may determine to be feasible and effective.

(m) The Director of the Planning and Development Department or the Director’s Designee, shall cause a record of each petition to be kept in accordance with its general rules and procedures that shall include:

(1) The petition;

(2) Any public advisements issued regarding the public hearing for the petition;

(3) Any written comment, document, report, and other written information that is timely submitted prior to the public hearing regarding the petition;

(4) A transcript or other written or audio recording of the public hearing;

(5) The written decision of the Director of the Planning and Development Department, or the Director’s Designee, regarding the appeal; and

(6) Any documents, materials, and other information regarding the petition that may have informed the decision of the Director of the Planning and Development Department, or the Director’s Designee, regarding the petition.

(n) The specific terms and conditions of any waiver or adjustment granted under this section shall be incorporated into the terms and conditions of the permit for the sign. Such waiver or adjustment shall be valid only as applied to the permitted sign, and shall be subject to suspension, revocation, or denial of renewal under the same circumstances as the permit itself.

(o) Not later than January 31st of each year, the Director of the Planning and Development Department, or the Director’s Designee, shall prepare and present to the City Council a report of the petitions submitted during the prior year. Each such report must identify the number of petitions submitted, the number of petitions that were approved, approved with conditions, and denied, and the locations of the premises for which petitions were submitted, summarize the provisions of this article for which waivers or adjustments were requested, and make recommendations for amendment of this Article, as well as provide any other information that may reasonably be requested by the City Council.

(p) Nothing in this section shall grant any individual a right to receive advisement of a petition for waiver or adjustment to submit a comment regarding such petition, or to have any such comment admitted in the record for such petition. The failure or refusal of the Planning and Development Department to issue any advisement in any particular form, collect any comment, admit any comment in the record of an appeal, or take other action in strict accordance with Subsections (f) through (h) of this section shall not constitute deprivation of any right or duty owed.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-23: Appeals of administrative decisions under this chapter.

(a) In accordance with Chapter 3, of this Code, Administrative Hearings and Enforcement, and Administrative Appeals, Division IV, Administrative Appeals, as well as the rules of procedure promulgated thereunder, any appeal of an administrative decision made pursuant to Section 4-4-22 of this Code shall be made to the Department of Appeals and Hearings.

(b) Only the individual or entity that is subject to an administrative decision made pursuant to Section 4-4-22 of this Code, or any Individual or entity with a property interest within 300 radial feet of the property subject to the administrative decision made pursuant to Section 4-4-22 of this Code has the right to appeal such administrative decision. Such individual or entity may, by a writing in a form satisfactory to the Department of Appeals and Hearings, appoint an agent to serve as its authorized representative at its appeal.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-24: Sign guidebook.

Not later than the effective date of this ordinance, the Department shall prepare a sign guidebook containing pictures, graphics, workflows, sample applications and forms, and other information that may be convenient for the understanding, implementation, and enforcement of this ordinance. The Department may revise the guidebook as necessary. The Department may consult with the Planning and Development Department, the City Planning Commission, the Law Department, and any other City department for the purpose of creating the sign guidebook or any revision thereto. The Department shall make the current version of the Sign Guidebook available for public inspection, both through the City’s website and at its principal offices without charge.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-25 to 4-4-30: Reserved.

Division 2: General Sign Standards

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Section 4-4-31: In General

(a) This division sets forth standards for individual signs, including permissible location, number, area, height, projection, clearance, illumination, and dynamic operation, based on the type of construction, material, placement, and technological capability of the sign.

(b) Any sign may be subject to additional regulations set forth elsewhere in this article based on its intended use as a business sign, advertising sign, or temporary sign, its location on a premises or in a right-or-way, or other applicable parameters.

(c) Adjustment or waiver made pursuant to Section 4-4-22 of this Code regarding the permissibility of any type of construction, material, placement, and technological capability of a sign, as set forth in Subsection (a) of any section of this Division, is prohibited.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-32: Arcade signs

(a) Permissibility. Arcade signs are permissible only in high-density residential/mixed use sign districts, low-density commercial/institutional sign districts, and high-density commercial/industrial sign districts.

(b) Number. Not more than one arcade sign is permissible at each point of ingress into or egress from a building or structure.

(c) Area. In high-density residential/ mixed use sign districts, the area of any arcade sign must not exceed four square feet. In low-density commercial/institutional sign districts and high-density commercial/ industrial sign districts, the area of any arcade sign must not exceed six square feet.

(d) Clearance. The clearance of any arcade sign must be not less than eight feet, six inches and such clearance must be unobstructed so as to allow the safe and efficient flow of pedestrian and vehicular traffic below the sign.

(e) Illumination. Any arcade sign may be illuminated, either internally or externally.

(f) Dynamic operation. No arcade sign may be dynamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-33: Awning signs

(a) Permissibility. Awning signs are permissible only in high-density residential/ mixed use sign districts, low-density commercial/institutional sign districts, high-density commercial/industrial sign districts, and recreation/open space sign districts.

(b) Number. Not more than one awning sign is permissible for any awning.

(c) Area. In high-density residential/mixed use sign districts and recreation/open space sign districts, the area of an awning sign must not exceed 40% of the area of the awning to which it is affixed. In low-density commercial/institutional sign districts and high-density commercial/industrial sign districts, the area of any awning sign must not exceed 60% of the area of the awning to which it is affixed.

(d) Height. The height of any awning sign must not exceed the height of the awning to which it is affixed.

(e) Clearance. The clearance of any awning sign must be not less than the clearance of the awning to which it is affixed.

(f) Illumination. Any awning sign may be illuminated, either internally or externally.

(g) Dynamic operation. No awning sign may be dynamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-34: Double-face signs

(a) Permissibility. Double-face signs are permissible wherever a sign is permitted under this chapter.

(b) Dimensional and operational parameters. For all dimensional and operational parameters, including but not limited to number, area, height, clearance, illumination, and dynamic operation, each face of any double-face sign is subject to the standards set forth in this article that would apply as if the sign has only one face.

(c) Number. A double-face sign, including both sign faces, counts as one sign.

(d) Area. The area of a double-face sign is determined based on the area of the larger of the two faces of the sign.

(e) Height. The height of a double-face sign is determined based on the height of the higher of the two faces of the sign.

(f) Clearance. The clearance of a double- face sign is determined based on the clearance of the lower of the two faces of the sign.

(g) Illumination. A double-face sign is considered illuminated if either face of the sign is illuminated. A double-face sign is considered internally illuminated if either face of the sign is internally illuminated.

(h) Dynamic operation. A double-face sign is considered dynamic if either face of the sign is dynamic. A double-face sign is considered animated if either face of the sign is animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-35: Dynamic signs

(a) Permissibility.

(1) Dynamic signs are permissible only in low-density commercial/institutional sign districts and high-density commercial/ industrial sign districts. Dynamic signs may be animated only in the Central Business District.

(2) Dynamic business signs are subject to the additional regulations found in Section 4-4-66 of this Code.

(b) Number. Not more than one dynamic sign is permissible per premises, with the following exceptions:

(1) On any premises containing a multi-tenant building or structure that does not contain any residential dwelling units, not more than one dynamic sign is permissible for each ground floor tenant space.

(2) On any multi-building campus, the total number of dynamic signs must be not more than the total number of buildings on the campus.

(c) Illumination. Any dynamic sign may be illuminated, subject to the limits for illuminated signs set forth in Section 4-4-36 of this Code. Dynamic signs shall be constructed and otherwise equipped so as to effectively mitigate unreasonable nightglow, illumination spillover, and other forms of excessive illumination.

(d) Computer Interface. If a dynamic sign is operated by means of digital computer controls and associated software, the records of such controls, including records of the sign’s illumination intensity, change cycle, display of animation, and hours of operation, must be available for inspection upon request by the Department. If such records are not made available within two business days following such request, the sign shall cease operation until such records are provided.

(e) Hours of Operation. Any dynamic sign that is located outside of the Central Business District must discontinue all dynamic operations between the hours of 2:00 a.m. and 6:00 a.m. During these hours, such signs may operate as static, internally illuminated signs.

(f) No Undue Distraction. Dynamic signs must not interfere with, obstruct, or otherwise distract from any traffic sign, signal, or device, and must not otherwise operate to cause undue distraction so as to impair the safe and efficient flow of pedestrian or vehicular traffic.

(g) Dissemination of Public Emergency Communications.

(1) In recognition that:

(i) The City has significant governmental interests in protecting its aesthetic values and in mitigating instances of visual blight, as well as in rapidly and widely disseminating information to the general public for purposes of prevention, mitigation, and response to public emergency circumstances that could be deleterious to the general health, safety, and welfare; and

(ii) The City manages a community messaging system to coordinate the widespread and rapid dissemination of emergency communications through a variety of means, including phone, text and email; and

(iii) Those dynamic signs that are operated for advertising purposes are particularly large and highly visible to significant numbers of motorists and pedestrians, and are equipped with technology that enables them to display new messages on an immediate basis and cycle through multiple messages in rapid succession; and

(iv) Due to their visibility and technology, dynamic advertising signs can, by their very nature, present distractions and other unsafe conditions for nearby pedestrians, motorists, and properties, but can also serve as an optimal platform for the dissemination of information regarding public emergency circumstances, which can serve to protect the health, safety, and welfare of those same pedestrians, motorists, and properties;

Any dynamic sign that is operated for advertising purposes by means of digital technology described in Subsection (d) of this section shall display emergency communications as part of the City’s community messaging system in accordance with this Subsection.

(2) The owner of any sign that is subject to this subsection shall undertake all actions necessary to coordinate with the Detroit Homeland Security and Emergency Management Department to accept emergency communications and to display such communications on such sign.

(3) Each sign that is subject to this subsection shall display the copy of every emergency communication as disseminated by the Detroit Homeland Security and Emergency Management Department without modification or alteration. No sign shall have any obligation under this subsection to display any copy other than an emergency communication that is disseminated by the Detroit Homeland Security and Emergency Management Department as part of its community messaging system.

(4) Each sign that is subject to this subsection shall display emergency communications at regular intervals as part of its ordinary cycle. No sign shall have any obligation to display an emergency communication at any time period other than during or in anticipation of the associated emergency circumstance, and during such time period shall have no obligation to display such emergency communication for more than one-sixteenth of the total time of such sign’s operation.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-36: Illuminated signs

(a) Permissibility. Illuminated signs are permissible in all sign districts. Illuminated signs in low-density residential sign districts may be externally illuminated only.

(b) Luminance. The luminance of any illuminated sign is subject to the following limits:

(1) For any illuminated sign located in a low-density residential sign district or a recreation/open space sign district, luminance must not exceed 2,500 nits during the hours between 6:00 a.m. and the subsequent 10:00 p.m., and must not exceed 20 nits during the hours between 10:00 p.m. and the subsequent 6:00 a.m.

(2) For any illuminated sign located in a high-density residential/mixed use sign district, luminance must not exceed 3,500 nits during the hours between 6:00 a.m. and the subsequent 10:00 p.m. and must not exceed 40 nits during the hours between 10:00 p.m. and the subsequent 6:00 a.m.

(3) For any illuminated sign located in a low-density commercial/institutional sign district or a high-density commercial/ industrial sign district, luminance must not exceed 3,500 nits during the hours between 6:00 a.m. and the subsequent 10:00 p.m., and must not exceed 80 nits if outside the Central Business District or 160 nits if inside the Central Business District during the hours between 10:00 p.m. and the subsequent 6:00 a.m.

(c) Orientation.

(1) Any internally illuminated sign that is within 150 feet of and visible from one or more residential dwelling units in a low density residential sign district, a high density residential/mixed use sign district, or a recreation/open space sign district must be oriented to direct light away from all such units.

(2) Any externally illuminated sign may be illuminated only by one or more steady, stationary, fully shielded light sources that are oriented solely toward the sign face.

(d) No Excessive Illumination. Illuminated signs shall be constructed and otherwise equipped so as to effectively mitigate unreasonable nightglow, illumination spillover, and other forms of excessive illumination.

(e) No Undue Distraction. Illuminated signs must not interfere with, obstruct, or otherwise distract from any traffic sign, signal, or device, and must not otherwise operate to cause undue distraction so as to impair the safe and efficient flow of pedestrian or vehicular traffic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-37: Marquee signs

(a) Permissibility. Marquee signs are permissible only in low-density commercial/ institutional sign districts and high density commercial/industrial sign districts.

(b) Number. Not more than one marquee sign is permissible on any single façade of a marquee.

(c) Area. The area of any marquee sign must not exceed the area of the façade of the marquee to which the sign is affixed.

(d) Height. The height of any marquee sign must not exceed the sum of the height of the marquee to which it is affixed plus one-half of the vertical dimension of the marquee façade.

(e) Clearance. The clearance of any awning sign must be not less than the clearance of the marquee to which it is affixed.

(f) Projection. No marquee sign may project out from any façade of a marquee.

(g) Illumination. Any marquee sign may be illuminated, either externally or internally.

(h) Dynamic operation. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district outside the Central Business District, any marquee sign may be dynamic, but not animated. In the Central Business District, any marquee sign may be animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-38: Mechanical signs

(a) Permissibility. Mechanical signs are permissible only in low-density commercial/ institutional sign districts and high density commercial/industrial sign districts, and therein such districts only as temporary signs subject to Division 7 of this Article.

(b) Number. Not more than one mechanical sign is permissible on any premises at any given time.

(c) Area. The area of any mechanical sign must not exceed 12 square feet.

(d) Height. The height of any mechanical sign must not exceed 10 feet.

(e) Clearance. Mechanical signs are not subject to any clearance requirement.

(f) Illumination. No mechanical sign may be illuminated, either internally or externally.

(g) Dynamic operation. No mechanical sign may be dynamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-39: Monument signs

(a) Permissibility. Monument signs are permissible only in high-density residential/mixed use sign districts, low density commercial/institutional sign districts, high density commercial/industrial sign districts, and recreation/open space sign districts.

(b) Number. Not more than one monument sign is permissible on any premises, with the exception that in any low-density commercial/institutional sign district or high-density commercial/industrial sign district, where the premises frontage exceeds 200 linear feet, not more than one monument sign is permitted for each 20 feet of premises frontage, provided that no two monument signs on the same premises may be located within 200 feet of each other.

(c) Area. In any high-density residential/ mixed use sign district or recreation/open space sign district, the area of each face of a monument sign must not exceed 12 square feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the area of each face of a monument must not exceed 20 square feet, except that for any multi-tenant shopping center located in a portion of a low density commercial/institutional sign district designated in the Master Plan of Policies as retail centers (CRC), the area of each face of one monument sign must not exceed 150 square feet.

(d) Height. In any high-density residential/ mixed use sign district or recreation/open space sign district, the height of any monument sign must not exceed six feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the height of any monument sign must not exceed ten feet, except that for any multi-tenant shopping center located in a portion of a low-density commercial institutional sign district designated by the Master Plan of Policies as retail centers (CRC), the height of a monument sign must not exceed 15 feet.

(e) Clearance. In any high-density residential/ mixed use sign district or recreation/open space sign district, the clearance of any monument sign must be not more than two feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the clearance of any monument sign must not be more than four feet.

(f) Illumination. Any monument sign may be illuminated, either internally or externally.

(g) Dynamic operation. In any high density residential/mixed use sign district or recreation/open space sign district, no monument sign may be dynamic. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district outside the Central Business District, any monument sign may be dynamic, but not animated. In the Central Business District, any monument sign may be animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-40: Pole signs

(a) Permissibility. Pole signs are permissible only in low-density commercial/institutional sign districts and high-density commercial/industrial sign districts outside of the Central Business District, except that pole signs are not permissible on any premises located within a “traditional main street overlay,” as designated in Chapter 50 of this Code, Zoning.

(b) Number. Not more than one pole sign is permissible on any premises, with the exception that one pole sign is permitted for each 400 linear feet of premises frontage, provided that no two pole signs on the same premises may be located within 400 feet of each other.

(c) Area.

(1) In any low-density commercial/institutional sign district, the area of any pole sign that is utilized as a business sign in accordance with Division 3 of this article must not exceed 12 square feet.

(2) In any high-density commercial/industrial sign district, the area of any pole sign that is utilized as a business sign in accordance with Division 3 of this article must not exceed 20 square feet.

(3) Any pole sign that is utilized as an advertising sign in accordance with Division 4 or Division 5 of this article is subject to applicable area limitations set forth therein.

(d) Height.

(1) The height of any pole sign that is utilized as a business sign in accordance with Division 3 of this article and that is located along any frontage of a premises that abuts a right-of-way that is 80 feet or less in width must not exceed 15 feet.

(2) The height of any pole sign that is utilized as a business sign in accordance with Division 3 of this article, and that is located along any frontage of a premises that abuts a right-of-way that is more than 80 feet in width, must not exceed 25 feet.

(3) Notwithstanding paragraphs (1) and (2) of this subsection, in no case may the height of a pole sign that is utilized as a business sign in accordance with Division 3 of this article exceed the height of the tallest building or structure located on the premises on which the sign is located.

(4) Any pole sign that is utilized as an advertising sign in accordance with Division 4 or Division 5 of this article is subject to applicable height limitations set forth therein.

(d) Setback. Any pole sign that is utilized as a business sign in accordance with Division 3 of this article must be set back from the front of the premises on which it is located a distance equal to half of the height of the sign, measured from the outermost projection of any component of the sign.

(e) Illumination. A pole sign may be illuminated, either internally or externally.

(f) Dynamic operation. A pole sign may be dynamic, but not animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-41: Portable signs

(a) Permissibility. Portable signs are permissible in all sign districts, except that portable signs in low-density residential sign districts are permissible only as temporary signs. The permissibility of portable signs located in a public right-of-way is further subject to approval by the Department of Public Works, or other public agency with jurisdiction over such right-ofway.

(b) Location. Any portable sign must be located so as to avoid obstruction of or interference with the safe and efficient flow of pedestrian or vehicular traffic, or with the accessibility into or out of any building or structure. Additionally:

(1) No portable sign may be located less than ten feet, measured linearly along the same side of the right-of-way, from a driveway, cross walk, or other curb cut.

(2) No portable sign may be located less than 20 feet, measured linearly along the same side of the right-of-way, from another portable sign.

(3) No portable sign may be located less than six feet, measured radially, from any point of ingress or egress from a building or structure.

(4) No portable sign may be located on a sidewalk or other pedestrian pathway that is less than seven feet wide, or so as to restrict the width of any such pathway to less than seven feet wide at any point.

(5) Any portable sign in the right-ofway must be located on a paved sidewalk, and must not be located on a berm or other grassy or landscaped portion of such right-of-way.

(c) Number. Not more than one portable sign is permissible for any premises, with the following exceptions:

(1) On any premises containing a multi-tenant building, not more than one portable sign is permissible for each ground floor tenant space.

(2) On any multi-building campus, not more than one portable sign is permissible for each building within the campus.

(d) Area. In any low-density residential sign district, high-density residential/mixed use sign district, or recreation/open space sign district, the area of any portable sign must not exceed six square feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the area of a portable sign must not exceed ten square feet.

(e) Height. In any low-density residential sign district, high-density residential/mixed use sign district, or recreation/open space sign district, the height of a portable sign must not exceed three feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the height of a portable sign must not exceed four feet.

(f) Material. Portable signs must be constructed of durable material and construction, and must be reasonably able to withstand deterioration, damage, or destruction due to inclement weather; the forces of wind, rain, and snow; pedestrian and vehicular traffic; and other impacts.

(g) Illumination. In any low-density residential sign district, high density residential/mixed use sign district, or recreation/open space sign district, no portable sign may be illuminated. In any low-density commercial/institutional sign district, or high-density commercial/industrial sign district, any portable sign may be illuminated, either internally or externally, but only if such illumination is powered by an internal battery power source that is self-contained within the sign structure.

(h) Dynamic operation. No portable sign may be dymamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-42: Projecting signs

(a) Permissibility. Projecting signs are permissible only in high-density residential/mixed use sign districts, low-density commercial/institutional sign districts, high-density commercial/industrial sign districts, and recreation/open space sign districts.

(b) Location. Projecting signs must be located so as to be not less than 15 feet. Measured linearly along the same side of the street, from any other projecting sign.

(c) Number. Not more than one projecting sign is permissible on any premises, with the following exceptions:

(1) On any premises containing a multi-tenant building or structure, not more than one projecting sign is permissible for each ground floor tenant space.

(2) On any multi-building campus, not more than one projecting sign is permissible for each building.

(d) Area. In any high-density residential/mixed use sign district or recreation/ open space sign district, the area of a projecting sign must not exceed six square feet. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the area of a projecting sign must not exceed 12 square feet.

(e) Projection. In any high-density residential/mixed use sign district or recreation/open space sign district, the projection of a projecting sign must not exceed three feet. In any low-density commercial/institutional sign district or high density commercial/industrial sign district, the projection of a projecting sign must not exceed four feet.

(f) Height. The height of any projecting sign must not exceed the height of the roof line of the building or structure to which the sign is affixed.

(g) Clearance. The clearance of any projecting sign must be not less than eight feet and six inches, and such clearance must be unobstructed so as to allow the safe and efficient flow of pedestrian and vehicular traffic below the sign.

(h) Illumination. Any projecting sign may be illuminated, either internally or externally.

(i) Dynamic. In any high-density residential/mixed use sign district or recreation/open space sign district, no projecting sign may be dynamic. In any low-density commercial/institutional sign district or high-density commercial/industrial sign district outside the Central Business District, any projecting sign may be dynamic, but not animated. In the Central Business District, any projecting sign may be animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-43: Raceway signs

(a) Permissibility. Raceway signs are permissible only in high-density residential/mixed use sign districts, low-density commercial/institutional sign districts, high-density commercial/industrial sign districts, and recreation/open space sign districts.

(b) Number. Not more than one raceway sign is permissible for any façade of the building or structure to which the sign is affixed, except for any multi-tenant building or structure, not more than one raceway sign is permissible for each ground floor tenant space.

(c) Area. The area of any raceway sign must not exceed one square foot per linear foot of building frontage along the façade of the building or structure to which the sign is affixed.

(d) Height. The height of a raceway sign must not exceed the height of the roof line or parapet of the building or structure to which it is affixed.

(e) Clearance. The clearance of a raceway sign must not be less than eight feet and six inches.

(f) Color. The raceway of any raceway sign must be painted or otherwise colored to match the color of the façade of the building or structure to which it is mounted.

(g) Illumination. A raceway sign may be illuminated, either internally or externally.

(h) Dynamic operation. No raceway sign may be dynamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-44: Roof signs

(a) Permissibility. Roof signs are permissible only on buildings or structures of at least ten stories located in low-density commercial/institutional sign districts and high-density commercial/industrial sign districts where no high-rise identification signs are present on any premises.

(b) Number. Not more than one roof sign is permissible on any premises.

(c) Area. If the clearance of the roof sign is greater than 100 feet and less than 200 feet, the area of the sign must not exceed two square feet per linear foot of building width. If the clearance of the roof sign is less than 300 feet but not less than 200 feet, the area of the sign must not exceed three square feet per linear foot of building width. If the clearance of the roof sign is not less than 300 feet, the area of the sign must not exceed four square feet per linear foot of building width. For purposes of calculating the area of any roof sign in accordance with this subsection, building width must be measured at the roofline of the building.

(d) Height. The height of any roof sign must not exceed the lesser of (1) the maximum permissible height of a building or structure for the premises on which the sign is located, or (2) 15 feet above the height of the roofline or parapet of the building or structure to which the sign is affixed.

(e) Clearance. The clearance of any roof sign must be not less than the height of the roofline or parapet of the building or structure to which the sign is affixed.

(f) Illumination. Any roof sign may be illuminated, either internally or externally.

(g) Dynamic operation. No roof sign may be dynamic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-45: Wall signs

(a) Permissibility. Wall signs are permissible in all districts.

(b) Number. In any low-density residential sign district, not more than one wall sign is permissible on any premises. In any high-density residential/mixed use sign district, low-density commercial/institutional sign district, high-density commercial/ industrial sign district, or recreation/open space sign district, not more than one wall sign is permissible for any façade of a building or structure with the exception that on any premises containing a multi-tenant building or structure, not more than one wall sign is permissible for each ground floor tenant space.

(c) Area.

(1) In any low-density residential sign district or recreation/open space sign district, the area of any wall sign must not exceed 10% of the area of the façade to which it is affixed.

(2) In any high-density residential/ mixed use sign district, the area of any wall sign must not exceed 40% of the area of the façade to which it is affixed.

(3) In any low-density commercial/institutional sign district or high-density commercial/industrial sign district, the area of any wall sign must not exceed 60% of the area of the façade to which it is affixed.

(d) Height. The height of any wall sign must not exceed the height of the roof line or parapet of the building or structure to which the sign is affixed, whichever is less.

(e) Illumination. In any low-density residential sign district or recreation/open space sign district, any wall sign may be illuminated externally only. In any high density residential/mixed use sign district, low-density commercial/institutional sign district or high-density commercial/industrial sign district, any wall sign may be illuminated, either internally or externally.

(f) Dynamic operation. Any wall sign located outside the Central Business District may be dynamic, but not animated. Any wall sign located inside the Central Business District for which internally illumination is permissible may be dynamic and up to 25% of the area of any such wall sign may be animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-46: Window signs

(a) Permissibility. Window signs are permissible in all sign districts.

(b) Number.

(1) In any low-density residential sign district or recreation/open space sign district, not more than one window sign is permissible on any premises.

(2) In any high-density residential/mixed use sign district, low-density commercial/institutional sign district, or high density commercial/industrial sign district, not more than one window sign is permissible for any window of a building or structure, with the exception that, for any building or structure of which first floor façade is constructed with glass panels, the permissible number of window signs must not exceed one sign per six feet in linear width of such glass paneling.

(c) Area.

(1) In any low-density residential sign district or recreation/open space sign district, the area of any window sign must not exceed 25% of the area of the window in which the sign is affixed.

(2) In any high-density residential/ mixed use sign district, low-density commercial/ institutional sign district, or high density commercial/industrial sign district, the area of any window sign must not exceed 25% of the area of the window, or 50% of the area of the window if the window sign is constructed of vinyl mesh or other semi-transparent material; and the cumulative area of all window signs located on the building or structure must not exceed 80 square feet.

(d) Height. In any low-density residential sign district or recreation/open space sign district, the height of any window sign must not exceed the second story of the building or structure to which it is affixed. In any high-density residential/mixed use sign district, low-density commercial/institutional sign district, or high-density commercial/industrial sign district, the height of any window sign must not exceed the fourth story of the building or structure to which it is affixed.

(e) Illumination. In any low-density residential sign district or recreation/open space sign district, no window sign may be illuminated. In any high density residential/mixed use sign district, low-density commercial/institutional sign district, or high-density commercial/industrial sign district, any window sign may be illuminated, either internally or externally.

(f) Dynamic operation. In any high density residential/mixed use sign district, low-density commercial/institutional sign district, or high density commercial/industrial sign district, a window sign may be dynamic only if located in the second, third, or fourth story. In no case may a window sign be animated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-47 to 4-4-60: Reserved

Division 3: Regulation of Business Signs

Subdivision A: Generally

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Section 4-4-61: Applicability

The regulations set forth in this division shall apply to all business signs, regardless of location, within the City.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-62: Limitation on maximum aggregate business sign area

(a) In general, the maximum permissible aggregate area for all business signs, including sponsorship signs, identification signs, and directional signs located on a single premises is:

(1) For any premises in a low-density residential sign district that contains a single- family, two-family, or multi-family residential building or structure with not more than four dwelling units, six square feet.

(2) For any premises in a low-density residential sign district that is not identified in Subsection (a)(1) of this section, and in any high-density residential/ mixed use sign district, low-density commercial/institutional sign district, or recreation/open space sign district, the greater of:

(i) 2.6 square feet per linear foot of building frontage not to exceed 500 square feet; or

(ii) One square foot of premises frontage, not to exceed 500 square feet.

(3) In any high-density commercial/ industrial sign district, three square feet per linear foot of building frontage, provided that the maximum permissible aggregate area in such district located outside the Central Business District shall not exceed 500 square feet.

(4) Notwithstanding other applicable limitations set forth in this section, on any casino premises, four square feet per linear foot of building frontage is permissible.

(b) For any corner premises that fronts onto a freeway, major thoroughfare, or secondary thoroughfare, the maximum permissible aggregate area as determined in Subsection (a) of this section shall be calculated, and shall apply, separately for each frontage of the premises. For any corner premises that does not front onto a freeway, major thoroughfare, or secondary thoroughfare, the maximum permissible aggregate area for the entire premises as determined in Subsection (a) of this section shall be calculated based only on the longest frontage of the premises.

(c) Adjustment under Section 4-4-22 of this Code of the standards and requirements set forth in this section is limited to 25% of such standards.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-63: Additional aggregate business sign area allowances

(a) Notwithstanding the aggregate business sign area limits set forth in Section 4-4-62 of this Code, additional aggregate area for business signs is permissible in the following circumstances and subject to the following limits:

(1) High-rise identification signs. On any building or structure located within the Central Business District that does not contain a roof sign and for which the height of the roofline or parapet exceeds 100 feet, not more than two high-rise identification signs are permissible, subject to the following:

a. The minimum clearance of each sign must be 100 feet;

b. The maximum area of any sign is determined by its clearance and the linear width of the building façade to which the sign is affixed, measured at the height of the sign, as follows:

(i) For any sign with a clearance of at least 100 feet but less than 200 feet, the area of the sign must not exceed two square feet per linear foot of building width;

(ii) For any sign with a clearance of at least 200 feet but less than 300 feet, the area of the sign must not exceed three square feet per linear foot of building width; or

(iii) For any sign with a clearance of at least 300 feet, the area of the sign must not exceed four square feet per linear foot of building width;

c. Not more than one high-rise identification sign may be located on any façade of a building or structure;

d. Not more than two high-rise signs may be located on any premises; and

e. Any high-rise identification sign may be illuminated, either internally or externally, but may not be dynamic.

(2) Painted side-wall signs. On any building or structure that is not more than two stories and that is adjacent to a surface parking lot or other property that does not contain a permanent building or structure, such that the side façade of the building is exposed, not more than one sign is permissible on such side wall, subject to the following:

a. The sign must be a painted sign;

b. The sign may be either non-illuminated or illuminated externally;

c. The height of the sign must not exceed the height of the first story of the building or structure; and

d. The area of the sign must not exceed 500 square feet, excluding the area of any windows, doors, or other openings in the façade.

(3) Sponsorship signs associated with public art. On any premises that contains a work of public art that is located on the exterior of the property, such as an art mural or sculpture, the cost of which is sponsored, not more than one sponsorship sign recognizing such sponsorship is permissible, subject to the following:

a. The sign must be located proximate to the work of public art;

b. The sign must be constructed as a wall sign or monument sign;

c. The height of the sign must not exceed the lesser of: half the height of the work of public art or 15 feet;

d. The sign may not be illuminated; and

e. The area of the sign may not exceed 5% of the area of the associated work of public art, but in no case more than 300 square feet. The area of the work of public art consisting of a mural or other two dimensional form should be computed as if it is a sign, in accordance with Section 4-4-5 of this Code. The area of the work of public art consisting of a sculpture or other three-dimensional form should be computed as the product of its height and one-quarter of its perimeter at its base.

(4) Directional signs. On any premises not containing a single-family or two-family dwelling, additional directional signage is permissible, subject to the following:

a. On any premises in a low-density residential sign district, not more than two additional square feet, which may not be illuminated, is permissible.

b. On any premises in a high-density residential/mixed use sign district or recreation/open space sign district, not more than four square feet of directional signage, which may be illuminated, but may not be dynamic in operation, is permissible.

c. On any premises in a low-density commercial/institutional sign district or high-density commercial/industrial sign district, not more than ten square feet of directional signage, which may be illuminated and may be dynamic, but not animated, in operation, is permissible.

d. On any premises containing a parking structure, no more than two directional signs may be located at each point of ingress or egress, not more than 12 square feet each, which may be either internally or externally illuminated, and may be dynamic but not animated

e. Nothing in this subsection shall limit any premises from utilizing any portion of its permissible aggregate business sign area, as determined in accordance with Section 4-4-62 of this Code, for purposes of directional signage.

(b) Adjustment or waiver under Section 4-4-22 of this Code of the standards and requirements set forth in this section is prohibited.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-64: Business signs on multi tenant buildings and multi-building campuses

(a) On any premises containing a multi-tenant building or structure, the maximum aggregate business sign area for the premises as set forth in Section 4-4-62 of this Code, and any additional aggregate business sign allowances as set forth in Section 4-4-63 of this Code, may be allocated among the various tenants as may be determined by the building owner, or its agent, and each tenant, provided that such allocation is reasonably proportional to the relative degree of each tenant’s physical occupation and economic activity at the premises.

(b) On any multi-building campus, the maximum aggregate business sign area for the premises as set forth in Section 4-4-62 of this Code, and any additional aggregate business sign allowances as set forth in Section 4-4-63 of this Code, may be allocated among the various buildings and open spaces within the campus as may be determined by the owner of the campus or its agent.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-65: Restrictions on location of business signs on specified premises

(a) In general, a business sign may be affixed, or otherwise placed at any location on a building, structure, or other portion of the premises, unless expressly restricted by this chapter.

(b) Notwithstanding Subsection (a) of this section, the location of any business sign is restricted to certain locations based on the type of premises, as follows:

(1) On any multiple-story building or structure located in a low-density residential sign district, the height of any business sign must not exceed the height of the first story of the building or structure. On any other multiple-story building or structure, the height of any business sign, other than a high-rise sign allowed under Section 4-4-63 of this Code or a roof sign, must not exceed 40 feet.

(2) On any premises that operates as a commercial parking lot as defined in Section 32-1-1 of this Code, not less than one business sign must be located at each point of ingress into the lot for purposes of compliance with Section 32-1-20 of this Code. On any such premises located in the Central Business District, any ground sign must be constructed as a monument sign.

(3) Any ground sign located on a corner premises must be set back at least 15 feet from the corner formed by the intersection of any two rights-of-way adjacent to the premises.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-66: Dynamic business signs

(a) On any premises located outside of the Central Business District for which dynamic signs are permissible, not more than 25% of the maximum permissible aggregate area, as calculated in accordance with Section 4-4-62 of this Code, for the premises, may be dynamic.

(b) The maximum permissible aggregate area that may be dynamic is subject to adjustment under Section 4-4-22 of this Code, not to exceed 40%.

(c) Permitting for any dynamic business sign is subject to review by the Department of Public Works Traffic Engineering Division and its finding that the placement of the proposed sign on the premises will not impair the safe and efficient flow of pedestrian or vehicular traffic, in accordance with Section 4-4-35(f) of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-67 to 4-4-80: Reserved

Subdivision B: Entertainment District

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Section 4-4-81: Purpose

The purpose of the Entertainment District is to leverage the display of vivid and dynamic signage to foster a vibrant and exciting entertainment-based area within the City. Signage regulation in the Entertainment District is intended to be less restrictive than in surrounding areas in order to allow for signs that are larger, higher, more brightly illuminated, and more dynamic than what is permissible elsewhere. To achieve this purpose without negatively impacting the surrounding area, the Entertainment District is structured in multiple zones, such that the most intense signage is contained in the District’s core areas, which are most effectively screened from properties outside of the District. For zones in which signage is anticipated to be more visible from outside the District, signage regulations are relatively more restrictive.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-82: Entertainment District; boundaries and zones

(a) The Entertainment District consists of the area within the boundary beginning at the intersection of the Southbound Fisher Freeway Service Drive and Woodward Avenue and continuing to Sproat Street, then to Clifford Avenue, then to the Southbound Fisher Freeway Service Drive, then to Woodward Avenue, then to the Northbound Fisher Freeway Service Drive, then along the westerly line of the parcel known as 28 W. Montcalm Street, then along the westerly line of the parcel known as 2211 Woodward Avenue, then along the westerly line of the parcel known as 2125 Woodward Avenue, then along the westerly line of the parcel known as 54 W. Elizabeth Street then along the westerly line of the parcel known as 25 W. Elizabeth Street, then along the east-west alley parallel to and south of W. Elizabeth Street to the easterly line of Witherell Street, then to Broadway Street, then to Randolph Street, then to E. Lafayette Street, then to Southbound Chrysler Service Drive, then to Gratiot Avenue, then to Brush Street, then to Beacon Street, then to St. Antoine Street, then along the northern line of the parcel known as 1900 St. Antoine Street, then along the easterly line of the parcel known as 2000 St. Antoine Street, then to Montcalm Street to the easterly line of the parcel known as 430 East Fisher Freeway, then to the Northbound Fisher Freeway Service Drive, then to Woodward Avenue, excluding the church located at 50 E Fisher, and then to the point of beginning.

(b) The Entertainment District comprises four unique zones, each described as follows:

(1) Zone 1: Entertainment Core. The entertainment core consists of the premises, or frontages thereof, that abut Witherell Street between Adams Avenue and Montcalm Street, Montcalm Street between Witherell Street and Brush Street, Brush Street between Montcalm Street and Beacon Street, and Adams Avenue between Montcalm Street and Brush Street.

(2) Zone 2: Theater District. The theater district consists of the premises, or frontages thereof, that abut Montcalm Street, Columbia Street, and Elizabeth Street, each between the western boundary of the Entertainment District and Witherell Street, Woodward Avenue, between the east-west alley parallel to and south of West Elizabeth Street and the Southbound Fisher Freeway Service Drive; Broadway Street between Witherell Street and John R Street; Madison Street between Witherell Street and Brush Street; Brush Street between Mechanic Street and Beacon Street; and Henry Street between Park Avenue and Clifford Avenue.

(3) Zone 3: Woodward North Corridor. The Woodward north corridor consists of Woodward Avenue between the North Fisher Freeway Service Drive and Sproat Street.

(4) Zone 4: Entertainment Buffer. The entertainment buffer consists of the premises, or frontages thereof, within the Entertainment District that are not included in the entertainment core, the theater district, or the Woodward north corridor.

(c) Adjustment or waiver under Section 4-4-22 of this Code of the boundaries set forth in this section is prohibited.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-83: Entertainment core; purpose and sign regulations

(a) The entertainment core is intended to provide a maximally vibrant and energetic and well contained space through high-intensity signage. Oversized, intense, and dynamic signs, including animated signs, are encouraged. All signage must be screened from the surrounding area by intervening buildings or structures to minimize light spillover.

(b) Notwithstanding regulations set forth in this chapter that may be more restrictive, signs located in the entertainment core are subject to the following:

(1) The maximum permissible aggregate area for all signs on any premises is 15 square feet per linear foot of building frontage.

(2) Dynamic signs are permissible without limitation as to their number or individual size. The minimum clearance of any dynamic sign must be not less than ten feet, and the maximum height of any dynamic sign must be not more than 40 feet. Dynamic signs are permissible at any location where the sign is oriented toward, and reasonably screened by, a building or other opaque structure, the height of which is not less than the height of the sign. Dynamic signs may operate as such without time restrictions. The illuminance of any dynamic sign must not exceed 3,500 nits.

(3) A sign may cover or conceal architectural features, provided that, if a sign covers a window, it must be constructed of vinyl mesh or other semi-transparent material.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-84: Theater district; purpose and sign regulations

(a) The theater district is intended to accommodate and encourage large marquees, projecting signs, and other vibrant signage typical of signature live theater venues. Context-appropriate dynamic and illuminated signs are also encouraged.

(b) Notwithstanding regulations set forth in this chapter that may be more restrictive, signs located in the theater district are subject to the following:

(1) The maximum permissible aggregate area for all signs on any premises is six square feet per linear foot of building frontage.

(2) Dynamic signs, but not animated signs, are permissible without limitation as to their number or individual size. The minimum clearance of any such sign must be not less than ten feet, and the maximum height of any such sign must be not more than 40 feet. Dynamic signs, but not animated signs, are permissible at any location where the sign is oriented toward, and reasonably screened by, a building or other opaque structure, the height of which is not less than the height of the sign. Any such sign may operate as such only during the hours between 6 a.m. and the subsequent 2 a.m. During all other hours, the sign may only operate as a static sign.

(3) A sign may cover or conceal architectural features, provided that, if a sign covers a window, it must be constructed of vinyl mesh or other semi-transparent material.

(4) Roof signs are permissible in any number.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-85: Woodward north corridor: purpose and sign regulations

(a) The Woodward north corridor is intended to allow large projecting and dynamic signs, with sensitivity to the residential premises located adjacent to the Entertainment District. Pedestrian-friendly signage and context-appropriate illumination are encouraged. Dynamic signs, but not animated signs, are permissible on a limited basis.

(b) Notwithstanding regulations set forth in this chapter that may be more restrictive, signs located in the Woodward north corridor are subject to the following:

(1) The maximum permissible aggregate area for all signs on any premises is three square feet per linear foot of building frontage.

(2) Dynamic signs, but not animated signs, are permissible without limitation as to their number or individual size. The minimum clearance of such sign must be not less than ten feet, and the maximum height of such sign must be not more than 25 feet. Any dynamic sign may operate as such only during the hours between 6 a.m. and the subsequent 2 a.m. During all other hours, the sign may only operate as a static sign.

(3) A temporary sign may cover or conceal architectural features, provided that, if a sign covers a window, it must be constructed of vinyl mesh or other semi-transparent material.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-86: Entertainment buffer: purpose and sign regulations

(a) The entertainment buffer is intended to be a vibrant, pedestrian-oriented retail, restaurant, and bar district that is sensitive to surrounding residential areas. Pedestrian-friendly signage and context-appropriate illumination are encouraged. Dynamic signs, but not animated signs, are permissible on a limited basis. The entertainment buffer is also designed to screen the intense signage of the Entertainment Zone from, and minimize light spillover into, adjacent areas.

(b) Notwithstanding regulations set forth in this chapter that may be more restrictive, signs located in the entertainment buffer are subject to the following:

(1) The maximum permissible aggregate area for all signs on any premises is 4.5 square feet per linear foot of building frontage.

(2) Dynamic signs, but not animated signs, are permissible without limitation as to their number or size. The minimum clearance of any such sign must be not less than ten feet, and the maximum height of any such sign must be not more than 40 feet. Any dynamic sign may operate as such only during the hours between 6 a.m. and the subsequent 2 a.m. During all other hours, the sign may operate only as a static sign.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-87 to 4-4-100: Reserved

Division 4: Regulation of Advertising Signs Located Outside the Central Business District

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Section 4-4-101: In general

The regulations set forth in this division pertain to all advertising signs located within the boundaries of a premises outside of the Central Business District.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-102: Permit for new or altered advertising signs

No permit may be issued by the Department for the construction and erection of a new advertising sign, or for the alteration of an existing advertising sign, except upon approval of a waiver of such prohibition in accordance with Section 4- 4-22 of this Code, as well as satisfaction of each of the following:

(1) Finding by the Department of Public Works Traffic Engineering Division that the placement of the advertising sign on the premises will not impair the traffic safety of motorists and pedestrians, and if the sign is proposed to be operated as a dynamic sign, such finding must specifically address the impact of the proposed operation of the sign;

(2) Finding by the Planning and Development Department that the placement of the advertising sign on the premises will not be detrimental to environmental aesthetics by obstructing views of significant architectural or natural features;

(3) Finding by the Chief Financial Officer, based on an investigation to be completed in accordance with Section 2-113 of the Charter, that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is in arrears to the City for any unpaid, outstanding, or delinquent property tax, income tax, personal tax or special assessments;

(4) Finding by the Department that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is the subject of any outstanding violations of this Code, including, but not limited to, violations of:

(i) Any provision of Chapter 8, Building Construction and Property Maintenance, including verification of a valid final certificate of occupancy and current certificate of compliance, and is not the subject of any outstanding fines or violations.

(ii) Any provision of Chapter 50, Zoning, of this Code, including verification that the specific land use for its intended location has been established by the City in the respective zoning district, and, where the premises is governed by a zoning grant, has obtained a valid annual certification of maintenance of zoning grant conditions;

(5) Finding by the Department that the sign, as proposed, will be in compliance with all spacing, setback, height, clearance, size, and other dimensional and operational standards set forth in this division; and

(6) Submission of copies of all permits and other approvals by any other federal, state, or local governmental agency that may be necessary for construction, erection, or operation of the sign, including, but not limited to, approval by the Michigan Department of Transportation or the Detroit Historic District Commission.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-103: Spacing requirements.

No advertising sign located outside of the Central Business District may be permitted if:

(1) The proposed advertising sign is neither dynamic nor internally illuminated, and the premises on which the sign is located is 1,000 feet or less, measured linearly, from any premises that contains another advertising sign that is also neither dynamic nor internally illuminated and is oriented in the same direction as the sign;

(2) The proposed advertising sign is neither dynamic nor internally illuminated, and the premises on which the sign is located is 1,750 feet or less, measured linearly, from any premises that contains another advertising sign that is either dynamic or internally illuminated and is oriented in the same direction as the sign;

(3) The proposed advertising sign is dynamic or internally illuminated, and the premises on which the sign is located is 1,750 feet or less, measured linearly, from any premises that contains another advertising sign that is oriented in the same direction as the sign;

(4) The premises on which the proposed advertising sign is located is 500 feet or less, measured linearly, from a premises that contains a hospital, as defined in Section 4-1-1 of this Code, or a school or educational institution, museum, park, playground, or other outdoor recreation facility, as such terms are defined in Article XVI of Chapter 50;

(5) The premises on which the proposed advertising sign is located is 500 feet or less, measured radially, from a historic district identified in Chapter 21, History, of this Code;

(6) The actual location of the proposed advertising sign is 125 feet or less, measured radially from the nearest point of the sign, from the edge of the traveled roadway of any freeway, or interchange ramp between freeways, used by traffic traveling in the direction opposite the orientation of the sign;

(7) The actual location of the proposed advertising sign is 25 feet or less, measured radially from the nearest point of the sign, from the boundary line of any freeway, or interchange ramp between freeways, used by traffic traveling in the direction opposite the orientation of the sign;

(8) The premises on which the proposed advertising sign is located is 125 feet or less, measured radially, from any premises that contains one or more residential dwelling units, whether or not such dwelling units are occupied; or

(9) The premises on which the proposed advertising sign is located is within any low-density residential sign district or recreation/open space sign district.

(10) The premises on which the proposed advertising sign is located is within 200 feet, measured radially, from any point of the shoreline of the Detroit River.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-104: Setbacks

Advertising signs must be set back at least five feet, measured from the outermost projection of any component of the sign, from any boundary of the premises on which the sign is located.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-105: Height and clearance

(a) The height of any advertising sign shall not exceed 35 feet, with the exception of any freeway advertising sign, the height of which shall not exceed 45 feet.

(b) The clearance of any advertising sign shall be at least 15 feet.

(c) The height and clearance requirements set forth in Subsections (a) and (b) of this section are subject to any general standards based on the type of construction of the sign, as set forth in Division 2 of this article, that are more restrictive.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-106: Area

(a) The area of any advertising sign is subject to the following:

(1) If the sign is a freeway advertising sign and is oriented toward a freeway, the area of the sign must not exceed 672 square feet.

(2) If the sign is located on a premises that abuts one or more rights-of-way other than a freeway, each of which is not less than 80 feet in width, the area of the sign must not exceed 378 square feet.

(3) If the sign is located on a premises that abuts a right-of-way other than a freeway, any one of which is less than 80 feet in width, the area of the sign must not exceed 250 square feet.

(b) The area requirements set forth in Subsection (a) of this section are subject to any general standards based on the type of construction of the sign, as set forth in Division 2 of this article, that are more restrictive.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-107: Landscaping

On any premises on which an advertising sign is the only structure, the perimeter of the premises abutting a right-of-way, with the exception of points of ingress and egress to and from the premises, must be landscaped with shrubs, bushes, and other vegetation to provide a continuous screening of such premises, to a depth of five feet in from such perimeter, and to a height of not less than 30 inches. Such landscaping must be maintained in good health and quality, and any vegetation that cannot be so maintained must be replaced.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-108: Department of Public Works adjustment

All spacing, setback, height, clearance, area, and other dimensional and operational standards set forth in this division are subject to additional restrictions, beyond the standards set forth in this chapter, by the Department of Public Works Traffic Engineering Division if it finds that more restrictive standards are necessary to mitigate any potential impairment to the traffic safety of motorists and pedestrians.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-109: Adjustment or Waiver prohibited: limited

(a) Adjustment or waiver under Section 4-4-22 of this Code of the standards and requirements set forth in Section 4-4-102 of this Code is prohibited.

(b) Adjustment or waiver under Section 4-4-22 of this Code of the dimensional standards set forth in Sections 4-4-103 through 4-4-107 of this Code is limited to 10% of each such standard.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-110 to 4-4-120: Reserved

Division 5: Regulation of Advertising Signs Located in the Central Business District

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Section 4-4-121: Purpose

The Central Business District is characterized by a degree of density, height, scale, and diversity in the built environment, a concentration of historic and otherwise architecturally significant buildings and structures, and an intensity of vehicular and pedestrian traffic and activity that is unique within the City. The Central Business District also features continuous and extensive evolution in its built environment, through the development and redevelopment of new and existing buildings, structures, open spaces, and rights-of-way, such that the potential suitability of particular spaces for advertising signage over time is necessarily limited. As a result, in furtherance of the significant governmental interests set forth in Section 4-4-1 of this Code, the regulation of advertising signs in the Central Business District merits heightened standards and stricter requirements, as well as the ability to revise the implementation of such standards and requirements on a periodic basis, than might be necessary in other areas of the City. The purpose of this division is to set forth such standards and requirements for advertising in the Central Business District.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-122: Advertising permit required

(a) It shall be unlawful for any person to construct, erect, attach, affix, post, place, display, maintain, or alter any advertising sign located on a premises within the Central Business District without having first obtained an advertising permit from the Department, and maintaining such permit in good standing.

(b) During the amortization period set forth in Section 4-4-21 of this Code. Subsection (a) of this section shall not apply to any advertising sign located on a premises within the Central Business District that has, prior to the effective date of this ordinance, been issued a permit for such sign under Chapter 50, Zoning, of this Code, has not been abandoned or otherwise lost its nonconforming status, and is in full compliance with such permit.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-123: Term and reapplication: renewal permitted in certain circumstances

(a) An advertising permit issued under this division is valid for a term not to exceed ten years, commencing on the date of issuance of the first advertising permit issued under Subsection 4-4- 122(a) of this Code. Upon the conclusion of its term, an advertising permit shall automatically expire and become invalid, and the permittee or its agent shall immediately remove the advertising sign that is permissible under such permit, unless the permittee secures a new permit for the same sign for an immediately subsequent term or renewal of the permit as provided for in Subsection (b) of this Section.

(b) If, as of a date not less than 30 days following the application date established in Section 4-4-125(c) of this Code, the sum of (i) the number of all new applications for an advertising permit and (ii) the number of all existing valid advertising permits, is cumulatively less than the maximum number of permissible advertising permits as set forth in Sect. 4-4-125(d) of this Code, then an existing advertising permit issued under this division may be renewed. Renewal of an existing valid advertising permit shall be made by application in the form and in accordance with the procedures for an application of a new advertising permit set forth in this Code. Otherwise, no existing advertising permit may be renewed. Such determination shall be made separately for advertising permits for local and super advertising signs. However, even if an existing advertising permit is not renewable, nothing in this section shall prevent the advertising permittee for such permitted advertising sign to apply for a new advertising permit for the same type of advertising sign at the same location under the procedures set forth in this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-124: Findings as prerequisite for issuance of advertising permits

(a) No permit may be issued by the Department for the construction and erection of a new advertising sign, or for the alteration of an existing advertising sign without satisfaction of each of the following findings:

(1) Finding by the Department of Public Works Traffic Engineering Division that the placement of the advertising sign on the premises will not impair the traffic safety of motorists and pedestrians;

(2) Finding by the Chief Financial Officer, based on an investigation to be completed in accordance with Section 2-113 of the Charter, that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is in arrears to the City for any unpaid, outstanding, or delinquent property tax, income tax, personal tax, or special assessments;

(3) Finding by the Department that neither the applicant nor the owner of the premises to which the sign is sought to be placed, if different from the applicant, is the subject of any outstanding violations of this Code, including, but not limited to, violations of:

(i) Any provision of Chapter 8, Building Construction and Property Maintenance, including verification of a valid final certificate of occupancy and current certificate of compliance, and is not the subject of any outstanding fines or violations;

(ii) Any provision of Chapter 50, Zoning, of this Code, including verification that the specific land use for its intended location has been established by the City in the respective zoning district and, where the premises is governed by a zoning grant, has obtained a valid annual certification of maintenance of zoning grant conditions;

(4) Finding by the Department that the sign, as proposed, will be in compliance with all spacing, setback, height clearance, size, and other dimensional and operational standards set forth in this division:

(5) Finding by the Fire Marshall that the premises, including all buildings and structures thereon, are not in violation of any applicable provision of Article I of Chapter 18. Detroit Fire Prevention and Protection Code, and that the placement of the advertising sign on the premises will not cause any such violation; and

(6) Submission of copies of all permits and other approvals by any other federal, state, or local governmental agency that may be necessary for construction, erection, or operation of the sign, including, but not limited to, approval by the Michigan Department of Transportation or the Detroit Historic District Commission.

(b) If any department identified in Subsection (a) of this Section determines that an inspection of the premises is reasonably necessary in order to make the requisite findings, it shall cause an inspection to be made of the premises and shall document such inspection as part of its findings.

(c) Each department identified in Subsection (a) of this Section shall submit its findings in writing to the Department without undue delay.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-125: Buildings. Safety Engineering, and Environmental Department issuance of advertising permits

(a) Not more than 60 days after the effective date of this ordinance, the Director of the Department shall establish a transition period, the duration of which must not exceed two weeks, to enable and facilitate the efficient and effective transition to the regulations contained in this chapter. During this transition period, the owner of any premises located in the Central Business District to which a permit has been validly issued under Chapter 50, Zoning, of this Code to display advertising on the premises may, in its sole discretion, voluntarily and intentionally abandon such permit, and, upon submission of a complete application as set forth in Section 4-4-19 of this Code, shall be issued an advertising permit for such premises.

(b) Not more than 60 days after the effective date of this ordinance, the Director of the Department shall establish a date, to occur not less than two weeks following the conclusion of the transition period established under Subsection (a) of this section, on which the Department will commence accepting applications for advertising permits.

(1) The Department shall review and decide upon such applications in the order that they are received, until the applicable advertising permit cap identified in Subsection (d) of this section is satisfied.

(2) If an application is incomplete or otherwise deficient in any way, other than for a failure to provide copies of all permits and other approvals in accordance with Section 4-4-19(a)(12) of this Code, the Department shall notify the applicant of such deficiency and allow the applicant to correct such deficiency within a specified period of time, not to exceed 15 days. The Department shall deny any deficient petition that is not timely corrected.

(3) If an application is incomplete solely due to its failure to provide copies of all permits and other approvals in accordance with Section 4-4-19(a)(12) of this Code, the Department may conditionally approve the application, subject to the requirement that copies of all such approvals be submitted to the Department within 30 days following the date of such conditional approval. Upon the applicant’s satisfaction of such requirement, the Department may approve the application and issue an advertising permit. Upon the applicant’s failure of such requirement, the Department shall consider its conditional approval to have lapsed and shall deny such application. Nothing in this subsection shall be construed as obligating the Department to conditionally approve an application that it determines should otherwise be denied.

(4) The Department shall not approve any application that is submitted subsequent to the final application that, upon its approval, is permissible under the applicable advertising permit cap identified in Subsection (d) of this section. The Director of the Department may maintain a waitlist of such applications, and may consider such applications, in the order submitted, as additional advertising permits become available under the applicable cap for the remainder of the current term, as set forth in Section 4-4-123 of this Code. All applications placed on the waiting list shall be denied upon expiration of the current advertising permit term.

(c) Not more than nine years following the date established by the Director of the Department under Subsection (b) of this section, the Director shall establish a new application date for any subsequent advertising permit terms, and shall accept and review applications and issue permits for such term in the same manner as set forth in Subsection (b) of this section.

(d) The Department shall not allow more than 25 advertising permits for local advertising signs in compliance with Section 4-4-128(b) of this Code, and not more than 45 advertising permits for super advertising signs in compliance with Section 4-4-128(c) of this Code, as each category of advertising signs is described in Section 4-4-128 of this Code, to have been issued and remain valid at any one time.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-126: Transfer of advertising permit

Any advertising permit issued under this division may be transferable to a new owner of the premises or advertising partner, but shall not be transferable to another premises, or to another location on the same premises.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-127: Alteration prohibited

(a) No sign that is permitted under this division may be altered in any way. Any advertising permit for an advertising sign that has been altered is subject to immediate revocation by the Department.

(b) Subsection (a) of this section does not prohibit the periodic changing of the copy of a permitted sign from time to time.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-128: Sign standards

(a) Any advertising sign located on a premises in the Central Business District must comply with all applicable standards for either local advertising signs or super advertising signs, as set forth in this section, and shall be categorized as such.

(b) The standards applicable to any local advertising sign are as follows:

(1) Construction: Any local advertising sign must be constructed as either a wall sign or a painted sign.

(2) Number: Any premises may display not more than one local advertising sign, except for premises that display a super advertising sign, which may not display any local advertising sign.

(3) Area: The area of any local advertising sign must not exceed 80% of the area of the façade to which it is affixed, but in no case greater than 700 square feet if the sign is constructed as a wall sign, or 875 square feet if the sign is constructed as a painted sign.

(4) Height: Notwithstanding the limitations found in Section 4-4-45(d) of this Code, the height of any local advertising sign must not exceed 60 feet.

(5) Clearance: No local advertising sign is subject to any minimum clearance standard.

(6) Illumination: Any local advertising sign may be externally illuminated, but must not be internally illuminated, with the exception of advertising signs located in the Entertainment District, which may be illuminated in accordance with the standards set forth in Division 3, Subdivision B of this article.

(7) Dynamic operation: No local advertising sign may be dynamic, with the exception of advertising signs located in the Entertainment District, which may be dynamic in accordance with the standards set forth in Division 3, Subdivision B of this article.

(8) Location: No local advertising sign may be located within 200 feet, measured radially from any point of the sign, of any point of the shoreline of the Detroit River.

(c) The standards applicable to any super advertising sign are as follows:

(1) Construction: Any super advertising sign must be constructed as either a wall sign or a painted sign.

(2) Number: Any premises may display not more than one super advertising sign, except for premises that display a local advertising sign, which may not display any super advertising sign.

(3) Area: The area of any super advertising sign must be greater than 700 square feet and must not exceed 80% of the area of the façade to which it is affixed, but in no case more than 5,000 square feet if the sign is constructed as a wall sign or 6,250 square feet if the sign is constructed as a painted sign.

(4) Height: The height of any super advertising sign must not exceed the height of the roof line or parapet of the façade to which it is affixed.

(5) Clearance: The clearance of any super advertising sign must be no less than ten feet.

(6) Illumination: Any super advertising sign may be externally illuminated, but must not be internally illuminated, with the exception of advertising signs located in the Entertainment District, which may be illuminated in accordance with the standards set forth in Division 3, Subdivision B of this article.

(7) Dynamic operation: No super advertising sign may be dynamic, with the exception of advertising signs located in the Entertainment District, which may be dynamic in accordance with the standards set forth in Division 3, Subdivision B of this article.

(8) Location: No super advertising sign may be located within 200 feet, measured radially from any point of the sign, of any point of the shoreline of the Detroit River.

(d) Any sign that is in compliance with all applicable standards set forth in Subsection (b) of this section for either local advertising signs or super advertising signs shall be categorized as such. Any sign that is not in compliance with all applicable standards for either local or super advertising signs is impermissible.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-129: Mitigation of harmful visual aesthetics created by Super Advertising Signs through promotion of public art

(a) In acknowledgment that:

(1) The City has a significant governmental interest in protecting its aesthetic values and in mitigating instances of visual blight;

(2) Signs, by their very nature, wherever located and however constructed, can be perceived as an aesthetic harm through their imposition of negative visual aesthetics;

(3) Because of the Central Business District’s role as the City’s primary hub of activity, the aesthetic harm created by signs in the Central Business District is imposed on all businesses and individuals who may live, work, do business, recreate, or visit therein, or travel through the Central Business District, and compromises their overall aesthetic experience of the City on a citywide basis;

(4) The magnitude of any given sign’s negative visual aesthetics can depend on various dimensional and operational parameters, such as its area, construction, illumination, and dynamic operation, that serve to increase its visibility;

(5) The magnitude of a sign’s negative visual aesthetics can also depend on its location proximate to certain properties, such as schools, outdoor recreation facilities, historic districts, freeways, and residential properties, that are particularly sensitive to such negative visual aesthetics;

(6) The negative visual aesthetics of a sign can, based on such dimensional and operational parameters, become so great as to outweigh any positive consequences that the sign might provide, including the facilitation of protected speech and the promotion of local commerce; and

(7) The City may, through the exercise of its legitimate police powers in furtherance of its significant governmental interests, mitigate the particularly negative visual aesthetics of the most visually impactful signs without compromising the positive consequences of such signs by promotion, construction, and maintenance of elements that serve to improve visual aesthetics to a proportionate degree, including the public display of art murals and other forms of public art;

(b) The Department is authorized to evaluate each application for a permit for a super advertising sign and determine whether such proposed sign will, based on the following criteria, impose negative visual aesthetics of such magnitude that mitigation through the display of one or more art murals and other public art may reasonably be necessary. The Department shall make any such determination based on its evaluation of each of the following criteria:

(1) The construction of a sign, whereby a wall sign is deemed to have negative visual aesthetics of greater magnitude than a painted sign;

(2) The area of the sign, whereby a larger sign is deemed to have negative visual aesthetics of greater magnitude than a smaller sign;

(3) The height of the sign, whereby a taller sign is deemed to have negative visual aesthetics of greater magnitude than a shorter sign;

(4) The illumination of the sign, whereby an internally illuminated sign is deemed to have negative visual aesthetics of greater magnitude than an externally illuminated sign;

(5) The dynamic operation of the sign, whereby a dynamic sign is deemed to have negative visual aesthetics of a greater magnitude than a static sign;

(6) The proximity of the sign to a property containing a school, educational institution, or park, playground, or other outdoor recreation facility, whereby a sign that is located adjacent to and oriented towards any such property is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;

(7) The proximity of the sign to a historic district identified in Chapter 21, History, of this Code, whereby a sign located in a historic district or adjacent to and oriented towards a historic district is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;

(8) The proximity of the sign to a freeway or interchange ramp between freeways, whereby a sign located adjacent to and oriented towards a freeway or interchange ramp is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not;

(9) The proximity of the sign to a property containing one or more residential dwelling units, whereby a sign located adjacent to and oriented towards any such property is deemed to have negative visual aesthetics of a greater magnitude than a sign that is not; and

(10) Any other dimensional, operational, or locational characteristic of the sign, other than the possible copy of such sign, that could foreseeably impact the magnitude of the sign’s negative visual aesthetics.

For every application for a permit for a super advertising sign, the Department shall document in writing its evaluation of each of the criteria listed in this Subsection and its determination as to the need for mitigation of the sign’s negative visual aesthetics, if any. The Department shall make such documentation available to the applicant upon request.

(c) Upon its determination that mitigation of the negative visual aesthetics imposed by a proposed super advertising sign for which a permit is applied will be necessary, the Department may request payment of a monetary contribution by the applicant, in an amount to be determined by the Department in accordance with the limitations set forth in this section, as a prerequisite to issuance of a permit for such sign. Such contribution need not be submitted prior to the Department’s evaluation of the application for a super advertising sign permit, but must be submitted prior to the Department’s issuance of such permit.

(d) The Department may make any determination pursuant to its authority established in Subsections (a) and (b) of this section in consultation with the City’s Director of Arts and Culture, and the director of any department or agency that it may desire, or any such director’s designee.

(e) To ensure a reasonable nexus between the proposed super advertising sign’s negative visual aesthetics and the City’s mitigation thereof, the Office of the Chief Financial Officer shall establish a special purpose account, to be known as the “Detroit Public Art Fund”, for contributions made pursuant to Subsection (b) of this section. The Department shall deposit all such funds directly into such account promptly upon receipt. The City’s Office of Arts and Culture shall have authority to make any disbursements from such account and all such disbursements shall be solely for purposes of the commission, construction, siting, display, and maintenance of art murals and other public art that is fairly anticipated to improve overall visual aesthetics in the City, and no funds in any amount may be disbursed from such account for any other purpose, including any expenses of the City in administering such account or other general operations, except if reimbursement of such funds shall be made in accordance with Subsection (g) of this section.

(f) To ensure rough proportionality between the proposed super advertising sign’s negative visual aesthetics and the City's mitigation thereof, the contribution associated with any sign shall not exceed an amount equal to the greater of:

(1) An amount, equal to two dollars if the super advertising sign is proposed to be internally illuminated, one dollar if the super advertising sign is proposed to be a wall sign, and 80 cents if the super advertising sign is proposed to be a painted sign, for each square foot of the proposed super advertising sign, for each year of the term of the permit for which application is made; or

(2) An amount equal to the expected cost, as the Department may reasonably determine, for the commission and installation of an art mural of an area equal to (i) 200% of the area of the proposed super advertising sign if such sign is proposed to be internally illuminated, (ii) the area of the proposed super advertising sign if such sign is proposed to be constructed as a wall sign, or (iii) 80% of the area of the proposed super advertising sign if such sign is proposed to be constructed as a painted sign, as well as the cost of the maintenance thereof for a period equal to the term of the super advertising permit for which application is made.

(g) The Department shall cause all contributions made pursuant to this section for the purpose of mitigating the aesthetic harm of any super advertising sign to be disbursed for a purpose allowed by this section no later than the termination date of the permit for such sign.

(h) If the Department denies an application for a super advertising sign permit for which a contribution has been made, the Department shall refund such contribution to the applicant. If a permit for a super advertising sign has been issued and a contribution for such sign has been made, and such permit has been revoked in accordance with Section 4-4-127 of this Code prior to the completion of its term, no refund of such contribution may be made.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-130: Adjustment or waiver prohibited

Adjustment or waiver under Section 4-4-22 of this Code of the dimensional standards set forth in this division is prohibited.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-131 to 4-4-160: Reserved

Division 6: Regulation of Signs in the Right-of-Way

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Section 4-4-161: In general

The regulations of this division shall apply to any sign that is constructed, erected, posted, or otherwise placed in any location within the right-of-way that is subject to the jurisdiction and control of the City.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-162: Department of Public Works approval required

No sign that is subject to the regulations of this division may be permitted unless authorized by the Department of Public Works as a legal encroachment in the right-of-way. A copy of the valid encroachment permit for the sign must be submitted as part of the application for construction or erection of the sign. All conditions of approval, dimensional or operational standards, and other standards set forth in the encroachment permit shall be incorporated by reference into the permit, and compliance with all such standards shall be a condition of approval for such permit. Any standards set forth in the encroachment permit that are more restrictive than comparable standards set forth in this chapter shall control.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-163: Business signs located in the right-of-way

Any sign located in the right-of-way that is intended to direct attention to a principal business or principal commodity, service, or entertainment that is conducted, sold, or offered on the premises adjacent to which the sign is located shall be considered to be a business sign associated with such premises and shall be subject to all applicable regulations of this article.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-164: Directional signs located in the right-of-way

Any directional sign located in the right-of-way for the purpose of identifying particular neighborhoods, communities, or other identifiable areas of the City shall be subject to the following:

(1) Construction. Any directional sign located in the right-of-way must be constructed as a monument sign.

(2) Number. Not more than one directional sign, or one pair of identical directional signs, may be located at any point in a right-of-way or within any intersection of two or more rights-of-way.

(3) Area. The area of a directional sign, or aggregate area of a pair of identical directional signs, located in the right-of-way must not exceed 12 square feet.

(4) Height. The height of a directional sign located in the right-of-way must not exceed eight feet six inches.

(5) Clearance. The clearance of any directional sign located in a right-of-way must be not less than two feet.

(6) Illumination. Any directional sign located in the right-of-way may be either non-illuminated or externally illuminated.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-165: Advertising signs located in the right-of-way

Any advertising sign located in a right-of-way is subject to the following:

(1) Permissibility. Advertising signs located in the right-of-way are not permissible in low-density residential sign districts or any portion of a right-of-way that is immediately adjacent to, and is on the same side of the street as, a low-density residential sign district.

(2) Construction. Any advertising sign located in the right-of-way must be constructed as a component of a larger freestanding structure, such as a newsstand, bus or transit shelter, bench, or bicycle docking station, that provides a nonadvertising purpose for the benefit of pedestrian or vehicular traffic utilizing the right-of-way, provided that the sign is constructed as an integral component of such structure and does not rest upon such structure’s roof or project out from the façade of any such structure.

(3) Area. The area of an advertising sign located in the right-of-way shall not exceed 18 square feet if illuminated, or 24 square feet if not illuminated.

(4) Height. The height of an advertising sign located in the right-of-way shall not exceed eight feet, six inches.

(5) Illumination. An advertising sign located in the right-of-way may be illuminated, either internally or externally. All sources of illumination for an externally illuminated sign must be fully contained in the frame or case that holds the sign.

(6) Dynamic operation. An advertising sign located in the right-of-way may be dynamic, but shall not be animated.

(7) Spacing. No advertising sign located in the right-of-way may be permitted to be placed 250 feet or less, measured linearly in the direction of the orientation of the sign, from any other advertising sign that is located in the same right-of-way and oriented in the same direction. Such spacing standards shall apply to signs on both sides of any right-of-way that allows for vehicular traffic to travel in one direction, and shall apply to signs only on the same side of a right-of-way that allows for vehicular traffic to travel in two directions.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-166 to 4-4-180: Reserved

Division 7: Temporary Signs

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Section 4-4-181: In general

The regulations set forth in this division are applicable to any temporary sign that may be constructed, erected, posted, or otherwise placed in any location.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-182: Limitations on number, area, and term

(a) Not more than one temporary sign may be permitted on any one premises at any one time, except that, for a multi-tenant building or structure, one, but not more than one, temporary sign may be permitted for any one ground floor tenant at any one time.

(b) No premises, or ground floor tenant space in a multi-tenant building or structure, may be issued more than two permits for a temporary sign within any calendar year.

(c) On properties in a low-density residential sign district, the area of any temporary sign shall not exceed six square feet. On properties in a high-density residential/mixed use sign district or a recreation/open space sign district, the area of a temporary sign shall not exceed one square foot per linear foot of building frontage, but in no case less than 6 square feet and no greater than 12 square feet. On properties in a low-density commercial/ industrial sign district or a high density commercial/industrial sign district, the area of any temporary sign shall not exceed one square feet per linear foot of building frontage, but in no case less than 12 square feet and no greater than 32 square feet.

(d) Any temporary sign may be permitted only until the conclusion of the occasion to which it is intended to direct attention, upon which date the permit shall expire. No temporary sign may be permitted for a period of time exceeding 90 days.

(e) Adjustment or waiver under Section 4-4-22 of this Code of the dimensional standards set forth in sections 4-4-103 through 4-4-107 of this Code is limited to 25% of such standards.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-183: Additional temporary sign allowances

(a) Notwithstanding the limitations set forth in Section 4-4-182 of this Code, additional temporary signage may be permitted for any premises, or ground floor tenant space of a multi-tenant building, under each of the following circumstances:

(1) Premises listed as being for sale or lease. For any premises, or ground floor tenant space within a multi-tenant building, that is unoccupied and being actively marketed for sale or lease, one additional temporary sign for each building frontage is permissible. Any such sign may be permitted only for the period during which the premises is unoccupied and being actively marketed for sale or lease. On properties located in a low-density residential sign district or recreation/open space sign district, the area of any such sign must not exceed six square feet. On properties located in a high-density residential/ mixed use sign district, low-density commercial/institutional sign district, or high-density commercial/industrial sign district, the area of any such sign must not exceed 32 square feet or, if such sign is located on a ground floor window, the area of such window.

(2) Premises with Open Building or Construction Permit. For any premises, or ground floor tenant space within a multi tenant building, that is unoccupied and is validly permitted under Chapter 8 of this Code, Building Construction and Property Maintenance, or undergoing preconstruction activities associated with such permitting, for construction of a new building or structure or complete renovation or redevelopment of an existing building, structure, or ground floor tenant space, additional temporary signage for each building frontage is permissible. Such signage may be permitted only for the period during which the permit associated with the preconstruction, renovation, or redevelopment activities remains valid, and shall automatically expire upon issuance of a certificate of occupancy, whether temporary or final, for the premises or tenant space. The aggregate area of all such signage on any premises is subject to the maximum aggregate sign area for the premises, as determined under Section 4-4-62 of this Code. Any such signage may be placed on a screening fence that is erected to cordon off the construction, renovation, or redevelopment site, notwithstanding the prohibition set forth in Section 4-4-7(5) of this Code or, if located on a ground floor tenant space, may be located in a window, notwithstanding the standard for window signs set forth in Section 4-4-46(c) of this Code.

(3) Portable temporary signs. For any premises located in a low-density residential sign district or high-density residential/ mixed use sign district that is currently occupied, whether wholly or partially, for residential purposes, portable temporary signs, in any number but not exceeding six square feet in area for any single sign or 18 square feet in aggregate area for all signs, are permissible. Such signage is permissible only during the period commencing 30 days prior to the date of any federal, state, or local primary election and concluding seven days after the date of the subsequent general election. Any such sign must be set back from the front of the premises not less than five feet.

(b) Adjustments and waiver under Section 4-4-22 of this Code of the dimensional standards set forth in the section is prohibited.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-184: Temporary sign copy

(a) No temporary sign may be permitted for changeable copy. The copy of any permitted temporary sign shall remain constant and shall not change at any time during the term of the permit.

(b) Nothing in Subsection (a) of this section may be construed as regulating the copy of a temporary sign in any way or as any other form of content-based regulation, but may be construed solely regulating the ability to change such copy during the term of the temporary sign permit.

(c) Nothing in Subsection (a) of this section may be construed as prohibiting any maintenance, repair, or replacement of a temporary sign, or any of its components, as may be necessary to keep such sign in good repair in accordance with Section 4-4-9 of this Code, including the replacement of a damaged sign face with a new sign face containing the same copy.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-185: General temporary sign standards

Any temporary sign that is permissible under this division is subject to the following standards:

(1) Placement. Any temporary sign shall be located so as to avoid obstruction of or interference with the safe and efficient flow of pedestrian and vehicular traffic, or impact the accessibility of ingress or egress of any building or structure. A temporary sign located in the public right-of-way is further subject to approval by the Department of Public Works, or other public agency with jurisdiction over the right-of-way in which the sign is to be located.

(2) Material. Temporary signs shall be constructed of durable material and construction, and shall be adequately secured so as to be reasonably able to withstand deterioration, damage, or destruction due to inclement weather, the forces of wind, rain, and snow, and other impacts.

(3) Good repair. Any temporary sign shall be maintained in good repair in accordance with Section 4-4-9 of this Code.

(4) Illumination. Any temporary sign may be externally illuminated, but shall not be internally illuminated.

(5) Dynamic. A temporary sign may be dynamic only where an identical permanent sign of the same construction, location, and other physical parameters may be dynamic, but under no circumstances may a temporary sign be animated.

(6) Additional standards. Any temporary sign is further subject to all general sign standards set forth in Division 2 of this article, based on the type of construction or operation of the temporary sign, unless comparable standards set forth in this division are more restrictive.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-4-186: Removal of temporary signs

(a) Any temporary sign, along with its frame and supporting structure, shall be removed by the owner of the premises on which such sign is located, or its agent, within 24 hours after expiration of its permit.

(b) Any temporary sign, along with its frame and supporting structure, that is not maintained in good repair shall be removed by the owner of the premises on which such sign is located, or its agent, within 24 hours after receiving a correction notice to remove such sign, in accordance with Section 4-4-9 of this Code.

(c) Any temporary sign, along with its frame and supporting structure that becomes obsolete shall be removed by the owner of the premises on which such sign is located, or its agent, within 24 hours after becoming obsolete, in accordance with Section 4-4-10 of this Code. A temporary sign becomes obsolete immediately upon the conclusion of the occasion to which such sign is intended to draw attention.

(d) The Department shall issue a blight violation under the following circumstances:

(1) If the owner fails to cure the violation within the applicable cure period after service of a correction notice;

(2) When the owner disputes a violation identified on a correction notice; and

(3) When, in the Department’s exercise of judgment and discretion pursuant to rules adopted by the Department, the violation is of such a nature as to be substantially serious, chronic, and/or willful.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Sections 4-4-187 to 4-4-200: Reserved

Article 5: Development Notification Signs

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Section 4-5-1: Definitions

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Construction site means any area where construction or renovation is set to take place, with the exception of residential construction or renovation involving four or fewer dwelling units.

Development notification sign means a posted temporary notice that informs the public of the type of development taking place on the premises, the expected completion date for construction, and the contact information of the developer.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-2: Misdemeanor violation; continuing violation; penalty for conviction thereof

(a) It shall be unlawful for any person to violate any provision of this article.

(b) Any person who violates this article may be issued a misdemeanor violation for each day that the violation continues.

(c) Any person who is found guilty of violating any provision of this article shall be convicted of a misdemeanor for each violation that is issued, and, in the discretion of the court, may be fined up to $500.00 for each misdemeanor violation that is issued.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-3: Enforcement

This article shall be enforced by the Buildings, Safety Engineering, and Environmental Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-4: Posting of development notification sign required

A properly posted development notification sign is required for any construction site that is at least 10,000 square feet in area and that otherwise requires a building permit.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-5: Development notification sign specifications; content; maintenance

(a) The dimensions for a development notification sign must be at least four feet in height and six feet in width, with letters of text that are a minimum of one inch in height and of a legible font and color contrast.

(b) All development notification signs shall be made of durable, weatherproof, and flame retardant materials.

(c) A development notification sign shall display, at minimum, the following content:

(1) A rendering or site plan of the proposed development;

(2) A title stating “Work in Progress” and specifying the type of structure being built, for example, commercial, manufacturing, retail, office, hospital, or school;

(3) The expected project completion date;

(4) The name, address, and telephone number of the owner of the property, corporation, or registered agent; and

(5) The building permit number or a copy of the building permit.

(d) Development notification signs shall be maintained so that the sign remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-6: Placement of development notification sign

A development notification sign shall be placed on the fence on each perimeter facing a public street or highway. If the development site is not fenced, then a development notification sign shall be fixed into the ground at each perimeter facing a public street or highway. All development notification signs shall be placed at a height of four feet from the ground, measured from the bottom edge of the development sign.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-7: Duration of posting

(a) Development notification signs must be posted within 30 days of receipt of a building permit for the site, and must remain posted until a certificate of occupancy is issued.

(b) Development notification signs must be removed within 30 days of issuance of a certificate of occupancy.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Section 4-5-8: Complaints

Complaints regarding a development property without a development notification sign posted may be made to the Department. The Department shall investigate complaints to determine compliance with this article.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).

Chapter 6: Animal Care, Control, and Regulation

Article 1: In General

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Section 6-1-2: Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abandonment means an owner leaving an animal unattended for at least seventy two (72) consecutive hours.

Adequate Shelter means provision of and access to shelter that is:

(1) Suitable for the species, age, condition, size, and type of each animal;

(2) Provides adequate space for each animal;

(3) Is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health;

(4) Is properly lighted;

(5) Is properly cleaned;

(6) Enables each animal to be clean and dry, except when detrimental to the species;

(7) During hot weather, is properly shaded and does not readily conduct heat;

(8) During cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of straw, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; and

(9) For dogs and cats, provides a solid surface, resting platform, pad, floor mat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner.

Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals’ feet to pass through the openings, (ii) sag under the animals’ weight, or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.

Adequate space means sufficient space to allow each animal to:

(1) Easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and

(2) Interact safely with other animals in the enclosure.

Administrator means the individual with direct supervisory control over the Animal Care and Control Division.

Adoption means the transfer of ownership of a cat or dog, or other animal permitted under this code, from a releasing agency to an individual.

Altered means an animal that has been neutered or spayed by a veterinarian licensed to practice veterinary medicine.

Animal means any living domesticated or wild invertebrate or vertebrate, excluding humans.

Animal Care and Control Division means the division of the Health Department, or such other designated City department or agency, authorized to administer and enforce the provisions of this chapter.

Animal Control Investigator means any person employed or appointed by the City authorized to investigate and enforce violations under the provisions of this Chapter, investigate complaints in compliance with legal enforcement procedures and conduct seizure of property and animals pursuant to dangerous animal provisions.

Animal Control Officer means any person employed or appointed by the City who is authorized to investigate and enforce violations under the provisions of this Chapter.

Animal Control Shelter means the animal control shelter established, operated, and maintained by the City pursuant to Article IV of this chapter.

Business License Center means the division of the Buildings, Safety Engineering and Environmental Department, or such other designated City department or agency, authorized to issue business licenses.

Dangerous animal means an animal that:

(1) Has attacked, bitten, or otherwise caused injury to a person without provocation; or

(2) Has attacked, bitten, or otherwise caused injury to another domesticated animal without provocation; or

(3) Has chased or approached any person on one or more occasion and without provocation on any public property, or on any private property that is not the property of the animal’s owner, in an apparent attempt to attack or injure the person.

Companion animal means an animal that is commonly considered to be, or is considered by its owner to be, a pet, or that is a service animal. Companion animal includes, but is not limited to, dogs and cats. A companion animal shall not include a farm animal, urban farm animal, or wild animal. Dangerous animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that an animal is a dangerous animal as defined by this article.

Department means the Health Department, or successor department, with administrative oversight and control of the Animal Care and Control Division.

Domesticated animal means any animal which is accustomed to living in an environment managed by humans and is suitable for the purpose of human companionship or service.

Enclosure or primary enclosure means for an animal that has not been determined to be potentially dangerous or dangerous under this Chapter, a pen or structure used to confine an animal out of doors that is kept in a sanitary condition, provides adequate space, is properly lighted and provides adequate shelter. In addition to the foregoing, an enclosure or primary enclosure for an animal determined to be potentially dangerous or dangerous under this Chapter shall also be required to have appropriate signage, be a minimum of six feet in height and constructed so that the sides shall be embedded into the ground by a depth of at least two feet or be constructed on and secured to a concrete pad, that has a complete, secure top to prevent escape and is locked to prevent accidental access or escape.

Farm animal means, but is not limited to, a cow, a donkey, a goat, a horse, a llama, a mule, a pony, poultry, sheep, swine, or any animal held or raised for purposes of food or other commercial consumption.

Foster care provider means a person or entity that provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization and accepts the responsibility and stewardship of animals, not to exceed the number of animals permitted pursuant to Section 6-2-1(d) of this Code. 

Foster home means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals.

Impounded means an animal confined, kept, and maintained by the Animal Care and Control Division, by any police officer, animal control officer or any other public officer under the provisions of this Chapter. 

Kennel means any facility, except a duly licensed pet shop, where three or more licensed dogs or household animals are boarded, confined, kept, or maintained for remuneration for the purpose of breeding, boarding, sale, sporting, or any commercial or training purposes.

Licensed dog means a dog currently licensed by the Animal Care and Control Division or any unexpired dog license issued and valid for docs temporarily in the City under Section 6-5-3 of this Code.

Licensee means any person or premises licensed under this chapter. 

Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal that prevents the animal from biting any person or other animal and that does not cause injury to the animal or impair its vision or respiration.

Neglect means as likewise defined by Section 50 of the Michigan Penal Code, being MCL 750.50, to fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.

Neuter, neutered, or neutering means to make a male animal incapable of reproducing.

Nuisance animal means an animal running at large, on public property or any private property that is not the property of its owner or keeper, whose behavior constitutes a nuisance, which includes:

(1) Making physical contact with a person or other domesticated animal in a harassing manner;

(2) Unreasonably disturbs or annoys the quiet comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling, or yelping;

(3) Defecating without all feces being immediately and properly removed and disposed of in a sanitary manner or digging upon any building, lawn, plant, shrub, tree, or any other public property or private property, that is not the property of the owner;

(4) Damaging inanimate personal property.

Nuisance animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that a dog or other animal is a nuisance animal as defined by this article.

Offered for sale means all animals found on the premises indicated on the license or licenses of a pet shop, except those of diseased, maimed, or sick animals that are housed in an entirely separate part of the premises or in cages or kennels with a “not for sale” sign attached to the front of each cage or kennel.

Owner means, when applied to the proprietorship of an animal, any person, partnership, or corporation having a right of property in the animal, or who keeps or harbors an animal, or who has it in their care or control, or acts as its custodian, or who knowingly permits an animal to remain at or about any premises occupied by the person.

Pet shop means any building, enclosure, lot, place, or structure, where birds, cats, dogs, fish, rabbits, and other animals are offered for sale to the public.

Potentially dangerous animal means an animal that:

(1) Without provocation, chases or menaces a person or domesticated animal in an aggressive manner causing injury to a person or domesticated animal;

(2) In a menacing manner, approaches without provocation any person or domesticated animal as if to attack; or

(3) Has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of human beings or domesticated animals.

Potentially dangerous animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that a dog or other animal is a potentially dangerous animal as defined by this chapter.

Properly cleaned means that carcasses, debris, food waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

Provocation means any action or activity, whether intentional or unintentional, which would be reasonably expected to cause a normal animal in similar circumstances to react in a manner similar to that exhibited by the animal.

Quarantine means to confine and isolate for the purpose of detecting and preventing the transmission of rabies.

Releasing agency means either a public animal shelter or a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or homebased rescue that releases companion animals for adoption that is registered as required by applicable state and local law. A releasing agency shall be registered with federal, state and appropriate agencies for charitable solicitation purposes.

Rescue organization means a person or group of persons who hold themselves out as an animal rescue, accept or solicit dogs, cats or other animals with the intention of finding permanent adoptive homes or providing lifelong care for such dogs, cats or other animals, or who use foster homes as the primary means of housing dogs, cats or other animals. A rescue organization shall be registered with federal, state and appropriate agencies for charitable solicitation purposes.

Retractable leash means a handheld animal restraint that attaches to the collar of an animal with an internally housed cord, belt, tape, or other retractable material, which may be extended, retracted, or locked at various lengths.

Residence means an apartment, dwelling, flat, house, or other building or structure where one or more persons reside.

Restraint means a device, enclosure, or structure such as a cage, corral, fenced enclosure, house, pen, or vehicle without means of escape, or a leash or other form of cable, rope, or tether or secure attachment, used to securely and safety confine an animal.

Sanitary condition means, when referring to an enclosed area, one that has been sanitized and properly cleaned at least once daily, kept in a condition of good order to minimize the possibility of disease transmission and maintained in a state that is appropriate for the species, size and number of animals enclosed therein.

Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

Seize means to capture, collect, restrain, or impound an animal.

Serious physical injury means disfigurement, protracted impairment of health, or impairment of the function of any bodily organ.

Service animal means, as likewise defined in Section 1 of the Michigan Leader Dogs for Blind Persons Act, being MCL 287.291:

(1) As defined in 28 CPR 36.104, any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals or the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition; and

(2) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability. Spay, spayed, or spaying means to make a female animal incapable of reproducing. Stray animal means any animal, including but not limited to a licensed or an unlicensed dog, running at large and loose on public property or private property that is not the property of the owner without restraint and not under the control of the owner, harborer or keeper.

Tether means to secure a dog to a stationary object by means of a metal chain or coated steel cable for keeping a dog restrained in its movement but does not mean walking a dog on a leash or restraining a dog for temporary grooming or other professional service. 

Unlicensed dog means a dog not currently licensed by the Animal Care and Control Division or any expired dog license issued by another governmental unit for dogs temporarily in the City under Section 6-5-3 of this Code.

Urban farm means over one acre of land under common ownership that:

(1) May be divided into plots for cultivation by one or more individuals and/or groups or may be cultivated by individuals and/or groups collectively;

(2) Is used to grow and harvest food crops and/or non-food crops for personal or group use;

(3) Has products, which may or may not be for commercial purposes;

(4) Includes an orchard or a tree farm that is a principal use; and

(5) Is one of the following:

    1. Contiguous; or
    2. Non-contiguous and on the same block; or
    3. Contiguous or non-contiguous and separated by a right-of-way not greater than 60 feet in width;.

Urban farm animal means livestock or fowl permitted to be raised or kept in accordance with Article VI VIII of this chapter.

Vicious animal means an animal that without provocation or justification bites or attacks a person and causes serious physical injury or death or that is declared vicious under this Chapter.

Wild animal means any animal that generally lives in its original and natural habitat, and is not normally considered a domesticated animal.

Without provocation means, when applied to damage or injury caused to a person by an animal, the person has not committed:

(1) A willful trespass or other tort upon the property of the animal’s owner;

(2) An act of abuse, assault, attack, or torment upon the animal or the owner of the animal; or

(3) A criminal act or an attempt to commit a criminal act that takes place where the animal is located.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-3: Violations and penalties

(a) An animal owner, harborer, keeper or person who has custody of an animal shall prevent the animal from engaging in nuisance, menacing, potentially dangerous or dangerous behavior.

(b) An animal owner, harborer, keeper or person who has custody of an animal shall prevent the animal from engaging in loud, frequent or habitual barking, yelping or howling, causing annoyance to people in the vicinity.

(c) No person shall violate any provision of this chapter, or to aid and abet another to violate such provision.

(d) No person shall falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place or for licensing purposes.

(e) Any person who violates this chapter may be issued an ordinance violation for each day that the violation continues.

(f) Any person who is found guilty of violating this chapter shall be convicted of a misdemeanor for each ordinance violation that is issued, and, in the discretion of the court, may be lined up to $500.00 and sentenced to up to 90 days in jail, or both, for each ordinance violation that is issued, provided, that, in addition to any costs associated with seizure, impoundment, care, and vaccination of an unlicensed or unvaccinated dog borne by the Animal Care and Control Division under Article V of this chapter, any violation of Article V of this chapter may subject the violator, in the discretion of the court, to the following penalties:

(1) A fine of not more than $100.00 for the first offense. For a first offense, the Animal Care and Control Division may require that an owner attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society. Proof of Completion of such training within 30 days of the citation shall negate the applicable fine;

(2) A fine or not more than $200.00 for a second offense occurring within six months of the first offense;

(3) A fine of up to $500.00 and relinquishment of any rights of ownership of the dog for a third offense or later offense occurring within 18 months of the first offense; and

(4) Where the dog is intact after a second offense, the mandatory alteration of the dog with associated costs to be paid by the owner.

(g) The Animal Care and Control Division may require that an owner attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society as part of or the penalty for a violation of this chapter.

The Animal Awareness Program shall include information on local ordinances, state law, animal care standards and any other materials deemed appropriate. Any program fees collected by the respective organization shall be retained and used for education and training for Animal Care and Control staff, law enforcement or animal welfare personnel.

(h) Where the provisions of this chapter have been violated, any animal control officer, police officer, sheriff or any person authorized by the Animal Care and Control Division may seize the animal or animals in accordance with Section 6-1-4(e f) of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-4: Animal Care and Control Division; authorization and enforcement; minimum employment standards for animal control officers; right of entry upon probable cause; interference with officer; damage to property; fees; rules

(a) The Animal Care and Control Division is authorized to enforce the provisions of this chapter concerning all animals within the City, including the care, control, regulation, and disposition of such animals, and to administrate and operate the City’s Animal Control Shelter.

(b) The Department shall provide a written update to City Council every 30 days a vacancy in the position of Administrator of the Animal Care and Control Division exists. This update shall include the efforts undertaken to locate and hire a Qualified Administrator.

(c) The Animal Care and Control Division shall designate public servants as animal control officers, to enforce the provisions of this chapter, or any rule or regulation promulgated thereto, including issuing and serving appearance tickets, citations, complaints, or other written notices to persons for violations of any of the provisions of this chapter.

(d) In accordance with Section 1-1-10 of this Code, public servants who are employed as animal control officers for the purpose of enforcing the provisions of this chapter shall have concurrent authority with police officers and shall have such police powers as are necessary for the enforcement of this chapter.

(e) Pursuant to Sections 29b and 29c of the Michigan Dog Law of 1919, being MCL 287.289b and MCL 287.289c, the minimum employment standards relative to the recruitment, selection, and appointment of animal control officers shall include:

(1) Requirements for educational, physical, mental, and moral fitness;

(2) Proof of a minimum course of study of not less than 100 instructional hours approved by the Michigan Department of Agriculture and Rural Development; and

(3) A valid driver’s license. Where the animal control officer is a police officer or has served at least three years as an animal control officer, these standards and requirements shall not be required.

(f) The following provisions shall apply regarding the right of entry upon, onto, or into property:

(1) Subject to the provisions of Subsections (2) and (3) of this subsection, the animal control officers and investigators of the Animal Care and Control Division who are designated to enforce the provisions of this chapter, police officers, sheriffs, other peace officers, or any person authorized by the Animal Care and Control Division shall have the right of entry upon, onto, or into:

    1. Any residence, private property, or vehicle within the City for the purpose of seizing any animal; or
    2. Any residence, private property, or vehicle within the City for the purpose of examining any animal suspected of having rabies, having been exposed to rabies, or having attacked or bitten a person or any animal.

(2) Subject to Subsection (3) of this subsection, as a condition to exercising the right of entry set forth in Subsection (1) of this subsection, the person shall satisfy Subsections a. and b. of this subsection by establishing or obtaining:

    1. Probable cause of a violation of this chapter, and
    2. At least one of the following:
    3. Owner consent;
    4. A warrant issued by an appropriate judicial officer or magistrate;
    5. Entry for the purpose of assisting other law enforcement, public safety, or other personnel having a lawful right of entry; or
    6. Exigent circumstances in which the public health, safety, or health or safety of one or more animals is subject of imminent danger.

(3) In addition, the following provisions shall apply:

    1. Owner consent, a warrant, or exigent circumstances shall not be required to seize any animal which is observed running loose and traversing across public or private properties, provided, that, where the animal is located inside private property or an adjoining fenced-in yard at the time seizure is sought, the limitation on seizure that is delineated in Subsections (2) and (3) of this section shall apply.
    2. With respect to any provision within this chapter that authorizes capture or seizure of an animal from a residence or private property, such seizure or capture shall be made in accordance with the provision of this section.
    3. Any owner aggrieved by the seizure of an animal from private property shall have the right, within 72 hours of the seizure, to meet with the Administrator, or the Administrator’s designee, and explain any mitigating circumstances. Subject to the provisions of this chapter governing dangerous animals and animals possibly exposed to rabies, the Administrator or the Administrator’s designee shall have the authority to exercise discretion to direct the immediate return of the animal and waive any fee relating to the seizure of the animal.

(g) No person shall knowingly and willfully interfere with, hinder, resist or obstruct an animal control officer, or any police officer, or any authorized agent or City employee in the lawful performance of their duties as delineated in this chapter.

(h) No person shall knowingly and willfully release, remove, or attempt to release or remove, any animal in the care or custody of an animal control officer, including any animal located within the Animal Control Shelter, or within any vehicle or device used by the Animal Care and Control Division to transport or restrain any animal.

(i) No person shall knowingly and willfully make a false statement, or to fail to reveal any fact, concerning any information required to be disclosed or otherwise provided to the City under any provision of this chapter.

(j) No person shall knowingly and willfully burn, deface, destroy, tear down or otherwise damage, or attempt to burn, deface, destroy, tear down or otherwise damage, any equipment, enclosure, or impoundment facility of the Animal Care and Control Division.

(k) In accordance with Section 9-507 of the Charter, the Public Health Director is authorized to establish necessary fees with the approval of the City Council, through adoption of a resolution, for the cost of services which are determined to be necessary for the public health and welfare of the City under Articles I through VI of this chapter, including, but not limited to, licensing and registration of altered and unaltered dogs, penalty for late renewal of license, impoundment, boarding and kenneling, quarantine, nuisance dog tag and signage, potentially dangerous dog tag and signage, dangerous dog tag and signage, adoption, vaccinations, microchip, field pickup, transport, transfer of license from an animal rescue organization to an adoptive owner, and Animal Awareness Program fees. The fees authorized by this section shall cover the costs of rendering such services and shall be reviewed, revised, and approved as necessary in accordance with this section. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees shall be:

(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2) Made available at the Animal Care and Control Division and at the Office of the City Clerk; and

(3) Reviewed by the Public Health Director at least once every two years.

(l) In accordance with the Michigan Public Health Code, being MCL 333.1101 et seq., and Section 2-111 of the Charter, the Director of the Department shall promulgate administrative rules and procedures, as necessary, for the administration of this chapter, including hearing procedures for resolving matters in dispute.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-5: Owning, harboring, keeping, maintaining, selling, or transferring of farm or wild animals prohibited; exception for circuses, zoos, and other approved activities; separate violations for each animal; disposition of animals in violation of this section

(a) Except as provided in Article VIII of this chapter, no person shall own, harbor, keep, or maintain, sell, or transfer any farm animal, or any wild animal, on their premises or at a public place within the City, provided, that such form animal or wild animal may be kept in circuses, zoos, or laboratories, or non-profit organizations for educational purposes, subject to the approval of the City, where the care or custody is under the care of a trained and qualified animal attendant at all times, whose responsibility shall be to see that such animals are securely under restraint.

(b) Each farm animal, or wild animal, that is owned, kept, maintained, sold or transferred contrary to Subsection (a) of this section shall constitute a separate violation of this section.

(c) The Animal Care and Control Division is authorized to sell, transfer, euthanize, or dispose of any animal owned, kept, maintained, sold or transferred in violation of this section in a manner consistent with the protection of the public health, acceptable humane practices, and any established City administrative rules and procedures that have been promulgated under Section 6-1-4(l) of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-6: Owning, harboring, keeping, or maintaining of reptiles or serpents prohibited; exceptions; separate violations for each reptile or serpent

(a) No person shall own, harbor, keep, or maintain any reptiles or serpents, except turtles that are not in excess of 15 inches in length, in their premises or at a public place within the City, provided, that this section does not prohibit a circus, zoo, or serpentarium, subject to the approval of the City, or to a pet shop that is licensed under Article VII of this chapter, from keeping reptiles or serpents where such reptiles or serpents are securely confined in a manner consistent with the protection of the public health and safety and with acceptable humane practices.

(b) Each reptile or serpent that is owned, harbored, kept, or maintained contrary to Subsection (a) of this section shall constitute a separate violation of this section.

(c) The Animal Care and Control Division is authorized to sell, transfer, euthanize, or dispose of any reptile or serpent that is owned, harbored, kept, or maintained in violation of this section in a manner consistent with the protection of the public health and safety, acceptable humane practices, and any applicable administrative rules and procedures that have been promulgated under Section 6- 1-4(l) of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-7: Certain animals declared public nuisances; complaint; hearing; abatement; animal waste; responsibility for removal of waste; prohibition of unapproved kennels

(a) Any animal may be declared to be a public nuisance, and be subject to capture and abatement by the Animal Care and Control Division or by the Police Department or by any other authorized governmental agency, in accordance with the provisions of the Michigan Dog Law of 1919, being MCL 287.261 et seq., or this chapter and the administrative rules that have been promulgated under Section 6-l-4(k l) of this Code, where the animal:

(1) Is unclaimed by its owner after being picked up by, or delivered to the care and control of, the Animal Care and Control Division, or is a stray animal;

(2) Makes contact with a person or other animal in a harassing manner;

(3) Unreasonably disturbs or annoys the quiet, comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling or yelping; or

(4) Defecates or digs upon any building, lawn, plant, shrub, tree, or any other public property, or any private property, that is not the property of the animal’s owner, without all feces being immediately and properly removed and disposed of in a sanitary manner by the owner.

(b) Any resident of the City may submit to the Department a complaint of nuisance behavior which shall include:

(1) Allegations of nuisance behavior for a minimum of two interactions for any complaint based on Subsection 6-1-7(a)(3) of this section; or

(2) Allegations of nuisance behavior for a minimum of a two week time frame for any complaint based on Subsections 6-1-7(a)(4) of this section.

(c) Upon receipt of a verifiable nuisance complaint or upon personal observation by an animal control officer of nuisance behavior, the Animal Care and Control Division shall evaluate the complaint, investigate, and, where factual circumstances warrant, conduct a nuisance animal hearing.

(1) Notification for the nuisance animal hearing shall be made to the animal owner and the petitioner via first class mail within 14 days of submission of the nuisance complaint.

(2) The Administrator, or the Administrator’s designee, shall hear testimony regarding the alleged nuisance behavior and shall have the authority to issue a nuisance animal determination.

(3) Within 14 days of the date of the nuisance animal hearing, the Animal Care and Control Division shall provide the owner of the animal a written notification of the Administrator, or Administrator’s designee, determination by first class mail.

(4) Within ten days from the date of the receipt of the mailing, the owner of the animal may file a written request for a hearing to review the determination at the 36th District Court. Where the owner fails to request a hearing within the ten-day period after receipt of the notice, the determination made by the Administrator, or the Administrator’s designee, shall become final and the animal shall be issued a nuisance animal determination under this article.

(d) No owner of any animal declared to be a public nuisance shall fail to immediately take any available and reasonable measures to abate the nuisance as required by the determination letter issued pursuant to Subsection (c)(3) of this section, which may include:

(1) Installation and maintenance of any enclosure, pen, or structure used to confine the animal out of doors shall be a minimum of six feet in height and constructed so that the sides shall be embedded into the ground by a depth of at least two feet or be constructed on and secured to a concrete pad, and kept in a sanitary condition;

(2) Installation and maintenance of an opaque fence, as permitted by law, to limit views to neighboring yards or the street;

(3) The owner of the animal that has been issued a nuisance animal determination must post a standard sign obtained from the Division of Animal Care and Control to serve as a warning notice on any premises where the animal is harbored, kept, or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six Inches In height “WARNING! NUISANCE ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule;

(4) Mandatory attendance at an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society within 30 days of issuance of the nuisance determination. The Animal Awareness Program shall include information on local ordinances, state law, animal care standards and any other materials deemed appropriate. Any program fees collected by the respective organization shall be retained and used for education and training for Animal Care and Control staff, law enforcement or animal welfare personnel; and

(5) The owner must purchase an approved form of external identification from the Animal Care and Control Division, indicating to other residents that the animal is determined to be a nuisance animal under this chapter.

(e) Where any animal has defecated upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner of the animal, and the owner of the animal upon notice immediately and properly removes all feces deposited by such animal and disposes of same in a sanitary manner, the public nuisance shall be considered abated and not a violation of this section; provided, that it shall be lawful for a blind or disabled person with a service animal to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or private property.

(f) No person shall maintain or operate a kennel, or construct, maintain, or use an accessory building for a kennel, within the City without obtaining all relevant licenses and a permits from the Buildings, Safety Engineering and Environmental Department and written approval by the Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-9: Impoundment; release and adoption

(a) The Animal Care and Control Division is authorized to impound any animal which is stray, loose, at large, makes physical contact with a person or other animal in a harassing or menacing manner, or has bitten or otherwise injured any person or other animal and needs to be confined for observation. The Animal Care and Control Division is authorized to capture any animal which is observed to be stray, loose, or at large and return it to its owner, if known, with the issuance of appropriate citation(s).

(b) Any person may retain or trap in a humane manner and hold for the Animal Care and Control Division any animal trespassing upon the person’s property. The person must promptly notify the Animal Care and Control Division regarding any stray animal under the person’s control, and, upon request, shall turn ever the animal over to the Animal Care and Control Division.

(c) The Animal Care and Control Division may contract with any non-profit corporation that is organized for the purpose of sheltering animals to assist in the care, impoundment, release, or adoption of stray animals not determined to be dangerous by the Animal Care and Control Division.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-1-10: Records and reports

(a) Whenever a dog, cat, ferret, or other animal is delivered to, left with, or impounded by the Animal Care and Control Division, the Administrator shall make a record of the receipt of the animal which includes a basic description of the animal, the date the animal was acquired by the Animal Care and Control Division and under what circumstances, the date of any notice sent to the owner of the animal, and the subsequent disposition of the animal by the Animal Care and Control Division.

(b) In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.339a, the Animal Care and Control Division shall maintain written records concerning:

(1) The total number of dogs, cats, and ferrets less than six months of age, the total number of dogs, cats, and ferrets six months of age and older, and all other animals received and returned to owners, adopted to new owners, and sold or transferred with or without payment to any person;

(2) The number of adopted dogs, cats, and ferrets that were altered;

(3) The number of adopted dogs, cats, and ferrets that were not altered; and

(4) The number of dogs, cats, and ferrets euthanized annually.

(c) In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.339a, the Animal Care and Control Division shall provide a copy of these statistics, annually, to the Michigan Department of Agriculture and Rural Development and to the Mayor and to the City Council.

(d) The Animal Care and Control Division shall submit a report to the City Council through the City Clerk’s Office upon the disposition of a dangerous animal pursuant to Section 6-3-2 of this Code or by order of the 36th District Court.

(e) Beginning on January 1st of the calendar year, the Administrator shall submit a quarterly report to the City Council, which, for the period covered by the report shall include:

(1) The number of incidents of dangerous behavior reported to the Animal Care and Control Division;

(2) The number of animals that have been issued a nuisance animal, potentially dangerous animal, dangerous animal or vicious animal determination; and

(3) The location of all animals that have been issued a potentially dangerous animal or dangerous animal determination and are residing with their owners. This information shall be posted on the City’s website.

(4) A description of outreach and marketing efforts to residents, rescue organizations, foster care providers, community groups, and other stakeholders regarding the requirements of this Chapter, and Article III in particular. At minimum, these efforts shall include at least one outreach event in each City Council district between February 1st and April 1st of each year. The Department may partner with third-party entities for outreach and marketing efforts.

(f) The Administrator, or the Administrator’s designee, shall present the contents of each Quarterly report required in Subsection (e) in the appropriate City Council standing committee.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 2: Proper Treatment and Transportation of Animals

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Section 6-2-1: Duty of care over animals; neglect; abandonment; overcrowding of animals

(a) All persons owning, harboring, or keeping an animal shall attend to and responsibly care for the animal, including, but not limited to, providing proper food, water, shelter, sanitation, and medical treatment for injuries, parasites, and diseases that is sufficient to maintain the animal in good health and minimize suffering for the animal according to its species, age, and circumstances.

(b) No person having care, custody, or control of any animal shall cause neglect, as defined by Section 6-1-2 of this Code.

(c) No person having care, custody, or control of any animal shall cause abandonment, as defined by Section 6-1-2 of this Code.

(d) No person shall own, harbor, keep, or shelter more than two animals of the same species over the age of four months in a single residence. Animals shall be properly licensed and registered on the effective date of this ordinance. New licenses shall not be issued for animals over the limit of two upon death of rehoming of animals formerly licensed at that residence.

(e) No person shall overcrowd rabbits, domestic fowl, poultry, or any other animals in any crate, box, or other receptacle.

(f) Whether or not authorized by Section 53 of Chapter IX, of the Michigan Penal Code, Animals, being MCL 750.53, the Animal Care and Control Division is authorized to impound any animal which:

(1) Appears to have been neglected or cruelly treated, including but not limited to actions prohibited in Sections 49 through 51 of Chapter IX, of the Michigan Penal Code, Animals, being MCL 750.49 through 750.51; or

(2) Appears to have been abandoned. Sec. 6-2-3. Treatment of stray dogs.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section. 6-2-3: Treatment of stray dogs

(a) The Animal Care and Control Division is authorized to seize and impound any stray dog that is on public or private property in accordance with Section 6-l-3(e f) of this Code, and to return, sell, transfer, or euthanize any such animal in accordance with this chapter.

(b) All persons shall immediately notify the Animal Care and Control Division regarding any stray dog under their control and, upon request, shall turn over any stray dog to the Animal Care and Control Division. The Animal Care and Control Division shall impound, register, and promptly notify the owner of the dog, if any, at the owner’s last known address.

(c) No person shall harbor, hold, or keep for reward any dog which has strayed upon the person’s premises or property, has been picked up on a public highway or other public place unaccompanied by its owner, or has been stolen from the owner.

(d) No person other than the owner shall procure a license for any dog, which has strayed upon the person’s premises or property, has been picked up on a public highway or other public place unaccompanied by its owner, or has been stolen from the owner.

(e) The provisions of this section prohibiting the harboring, holding, or keeping and licensing a stray dog do not apply to a non-profit corporation that is organized for the purpose of sheltering dogs or to a legal purchaser of a dog from such organization.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-2-4: Sale of baby chicks, baby rabbits, ducklings, or other fowl as pets or novelties prohibited

Except as provided in Article VIII of this chapter, no person shall sell, or offer for sale, barter, or give away baby chicks, baby rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper brooder facilities by hatcheries or businesses, including licensed pet shops, engaged in the selling of the same to be raised for commercial purposes.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 3: Potentially Dangerous, Dangerous, or Vicious Animals

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Section 6-3-1: Dangerous animal investigation; determination by the Administrator or the Administrator's designee; Emma’s Clause requiring mandatory contact with Animal Care and Control Division; appeal of dangerous animal determination; treatment of animals issued dangerous animal determination; treatment of animals seized or surrendered prior to dangerous animal determination

(a) Upon the receipt of a verifiable complaint from an individual or other report of an attack, a bite, a dog fight, an injury, an observation of threatening behavior, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Care and Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, may conduct a dangerous animal investigation. Where practicable, the investigation shall include interviewing the complainant, any victim or victims of the attack or animal bite and any witness or witnesses who observed the subject animal, and visiting the scene where the reported incident took place.

(b) This subsection shall be known as “Emma’s Clause” in honor and memory of Emma Valentina Hernandez, a nine year old girl that was mauled to death on August 19, 2019, when multiple dogs escaped from a neighbor's yard. 

Upon the receipt of a verifiable complaint from an individual regarding an unsecured or inadequate enclosure or fencing to contain an animal at a residential location, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Care and Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, shall conduct a dangerous animal investigation which shall include:

(1) A mandatory visit to the residential address to make contact with owner of the property or the owner of the animal;

(2) During the visit to the residential address, the animal control officer or investigator shall observe, note and photograph the enclosure or fencing to contain an animal at a residential location to assist in the determination of its sufficiency;

(3) If personal contact cannot be made with the owner of the property or the owner of the animal, a notice shall be posted at the residence requiring that the owner of the property or the owner of the animal contact Animal Care and Control Division within 48 hours of the date of the posting;

(4) After the expiration of the 48 hour period and without contact from the owner of the property or the owner of the animal at that residential address, the Animal Care and Control Division may attempt a second visit or, with the assistance of the Law Department, initiate show cause proceedings at 36th District Court, or both.

(c) The Animal Care and Control Division investigator who is assigned to the dangerous animal investigation shall make a written recommendation concerning the incident and the animal and whether the Administrator, or the Administrator's designee, should issue a dangerous animal determination, including the factual basis for the recommendation. For purposes of making a recommendation under this section, the investigating officer may review and rely upon a written police report concerning an animal attack, bite, threatening behavior, or other observation that an animal may be dangerous. Any animal that is the subject of a dangerous animal investigation shall not be moved or harbored at another location, excepting transport to a licensed veterinary facility for purposes of a rabies quarantine, or have its ownership transferred, pending the outcome of the investigation or any hearings related to the determination of whether the animal is a dangerous animal under this section.

(d) The Administrator or the Administrator's designee, shall review the recommendation contained in the dangerous animal investigation, and, after such review, shall have the authority to issue a dangerous animal determination concerning the subject dog or animal.

(e) Upon a dangerous animal determination, the Animal Care and Control Division shall provide the owner of the animal a written notification of the determination by first class mail. Within ten days from the date of the receipt of the mailing, the owner of the animal may file a written request for a hearing to review the determination at the 36th District Court. Pending any hearing or resolution on the dangerous animal determination, the animal shall be confined in accordance with the requirements imposed by the Administrator or the Administrator's designee, pursuant to Section 6-3-2 of this Code, including confinement in a securely fenced or enclosed area. Where the owner fails to request a hearing within the ten-day period after receipt of the notice, the dangerous animal determination made by the Administrator, or the Administrator's designee, shall become final and the animal shall be issued a dangerous animal determination under this section.

(f) Where the Administrator, or the Administrator's designee, makes a dangerous animal determination under Subsection (d) of this section and the animal has caused severe injury or death to any person or animal, the Administrator, or the Administrator's designee, may seek an order from the 36th District Court to euthanize the animal. Where the Administrator, or the Administrator's designee, makes a second dangerous animal determination under Subsection (c) of this section for a subsequent incident, the Administrator, or the Administrator's desig nee, may seek an order from the 36th District Court to euthanize the animal. The Administrator, or the Administrator's designee, shall take into consideration the severity and the total circumstances of injury to any person or to any animal prior to seeking review and shall abide by the procedures and judgment of the 36th District Court if an order to euthanize the animal is sought.

(g) Whenever an animal is seized or brought to the Animal Care and Control Division for having attacked or bitten a person or another animal, the Animal Care and Control Division shall hold and care for the animal during the pendency of a dangerous animal determination. The Animal shall not be released unless:

(1) The owner enters into an agreement with the Administrator, or the Administrator's designee, pursuant to Section 6-3-2 of this Code; or

(2) An order from the 36th District Court compels release of the animal to the owner.

(h) No animal held by the Animal Care and Control Division for a dangerous animal determination shall be euthanized prior to receipt of an order from the 36th District Court.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20); Amended by Ord. No. 2020-4 (JCC. 1/28/20, Pass. 2/18/20, App. 2/19/20, Pub. 4/9/21, Eff. 9/28/20).

Section 6-3-2: Animals issued potentially dangerous animal or dangerous animal determination; requirements for owners of animals issued potentially dangerous animal or dangerous animal determination

(a) In all cases where an animal has been issued a potentially dangerous animal or dangerous animal determination under Section 6-3-1 of this Code and the animal is not euthanized, the Administrator, or the Administrator’s designee, shall make the determination of whether the animal may be returned to its owner. As part of the terms of return, the Administrator, or the Administrator’s designee, shall order the owner to comply with each of the following requirements:

(1) The owner shall maintain proper licensing and up-to-date vaccinations for the animal as required under Article V of this chapter;

(2) Where the animal was capable of reproduction prior to the potentially dangerous animal or dangerous animal determination, the animal must be altered;

(3) When the animal is on the owner’s property, the animal must be confined securely indoors or securely outdoors within a locked enclosure, pen, or structure that prevents the entry of any person and the escape of the confined animal. Any enclosure, pen, or structure used to confine an animal that has been issued a potentially dangerous animal or dangerous animal determination shall be a minimum of six feet in height. Where the enclosure, pen, or structure used to confine the animal does not have a bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least two feet or be constructed on and secured to a concrete pad, and have a complete, secure top to prevent escape and be locked to prevent accidental access or escape. Any enclosure, pen, or structure, including any fencing, used for the purpose of compliance with this section is required to be humane, be maintained in a sanitary condition and provide protection from the weather for the animal. Every owner of an animal that has been issued a potentially dangerous animal or dangerous animal determination shall allow inspection of the required enclosure, pen, or structure by the City to ensure compliance with this section;

(4) While off the owner’s property, an animal that has been issued a potentially dangerous animal or dangerous animal determination must be securely muzzled to prevent the possibility of biting and under restraint by a substantial chain or leash not exceeding six feet in length by a person 18 years of age or older who is responsible for the animal at all times when the animal is off the owner’s property. The muzzle must be made and attached in a manner that does not cause injury to the animal or impair its vision or respiration, but must prevent the animal from biting any person or animal;

(5) The owner must permit the City to perform an annual inspection of the animal and all enclosures, pens, or structures used to house the animal at a time suitable to the Department and to the owner; and

(6) The owner of the animal that has been issued a dangerous animal determination must post a standard sign obtained from the Division of Animal Care and Control to serve as a warning notice on any premises where the animal is harbored, kept, or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six inches in height “WARNING! DANGEROUS ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule.

(7) The owner of the animal that has been issued a potentially dangerous animal determination must post a standard sign obtained from the Division of Animal Care and Control to serve as a warning notice on any premises where the animal is harbored, kept or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six inches in height “WARNING! POTENTIALLY DANGEROUS ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule.

(b) In addition, the Administrator, or the Administrator’s designee, may order the owner of an animal that has been issued a potentially dangerous animal or dangerous animal determination under Section 6-3-1 of this Code to comply with any one or more of the following requirements:

(1) The owner must confine the animal to the secure enclosure described in Subsection (a)(3) of this section at all times and only allow the animal out the enclosure under the conditions set forth in Subsection (a)(4) of this section, where necessary, to obtain veterinary care or to comply with a court order;

(2) The owner and the animal must complete a course of animal obedience training approved by the Animal Care and Control Division;

(3) The owner must purchase an approved form of external identification from the Animal Care and Control Division, indicating to other residents that the animal is potentially dangerous or dangerous; or

(4) The owner must obtain and provide proof of current liability insurance in an amount determined by the Administrator, or the Administrator’s designee, to be sufficient to compensate and protect the public from any damage or harm caused by the animal; or

(5) The owner must attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society. The Animal Awareness Program shall Include information on local ordinances, state law, animal care standards and any other materials deemed appropriate. Any program fees collected by the respective organization shall be retained and used for education and training for Animal Care and Control staff, law enforcement or animal welfare personnel.

(c) Compliance with any requirements set forth in Subparts (a) and (b) shall occur within 30 days of the determination being issued. The 30-day timeframe may be extended by the Administrator, in writing, for good cause. Bond shall be posted for the cost of 30 day boarding or extended timeframe at Animal Care and Control. Failure to comply with the requirements for return on the animal within the established timeframe shall result in the forfeiture of the animal to the ownership of the Division of Animal Care and Control.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-3-3: Violations involving animals issued potentially dangerous animal, dangerous animal or vicious animal determination; failure to comply with requirements; reckless owner designation; seizure; order to euthanize animal.

(a) No person who owns an animal that has been issued a potentially dangerous animal, dangerous animal or vicious animal determination under Article III of this Code shall fail to comply with any of the requirements of Section 6-3-2 of this Code, or any order of the Administrator, or the Administrator’s designee, as authorized under this Code.

(b) Where an animal has been issued a potentially dangerous animal or dangerous animal determination pursuant to Section 6-3-1 of this Code and thereafter attacks or injures a person or domesticated animal, or where the owner fails to comply with any order issued under Section 6-3-2(a) or (b) of this Code, the animal may be seized and impounded, at the owner’s expense, by the Animal Care and Control Division. The Administrator, or the Administrator’s designee, is authorized to order the owner of the animal to comply with any of the alternatives contained in Section 6-3-2(b) of this Code or seek an order from the 36th District Court to euthanize the animal. Euthanasia of an animal shall only be conducted by a licensed veterinarian or the Animal Care and Control Division.

(c) A person is a reckless dog owner who:

(1) Receives 3 or more determinations for violation of the nuisance animal provisions in Section 6-1-7 in a consecutive 24-month period that are upheld by the district court if appealed; or

(2) Receives 2 or more determinations under Section 6-3-2 for a potentially dangerous animal in a consecutive 24-month period that are upheld by the district court if appealed; or

(3) Receives 1 determination under Section 6-3-2 for a dangerous animal in a consecutive 24-month period which is upheld by the district court if appealed; or

(4) Excluding violations set forth in Subparts (2) and (3) receives 4 or more citations for violation of this chapter in a consecutive 5-year period. These may include licensing or animal limit violations or failure to update location of an animal that has been determined to be potentially dangerous or dangerous.

(d) The Administrator, or the Administrator’s designee, shall issue a notification of the declaration of reckless dog owner to the person with the following:

(1) Name and address of the person subject to the declaration;

(2) The description, violation, and determinations that led to the declaration;

(3) The name, description, and license number of all animals subject to the effects of the declaration; and

(4) Instructions on appealing the declaration to the 36th district court.

(e) Once declared a reckless dog owner, the city licenses of all dogs owned by the person shall be revoked, and the person shall not own, keep, posses, or harbor a dog for a period of 3 calendar years from the date of the declaration.

(f) A person declared to be a reckless dog owner may apply to the Administrator to have the declaration waived after 2 years upon meeting the following conditions:

(1) The person has no subsequent violations of this chapter;

(2) The person has no subsequent violations of the Michigan Dog Law of 1919, being MCL 287.261 et seq., or this chapter and the administrative rules that have been promulgated under Section 6-1-4(1) of this Code.

(3) The person has completed the Animal Awareness Program identified in Secs. 6-1-3(g) 6-3-2(b)(5) or 6-1-7(d)(4) designed to improve the person’s understanding of dog ownership responsibilities and based upon an interview with the Administrator establishes that understanding.

(g) If the Administrator finds sufficient evidence that the person has complied with all conditions in the Section, the Administrator may rescind the reckless owner declaration subject to conditions if necessary to ensure future compliance with this chapter. If the Administrator declines to remove the declaration, the person may appeal pursuant to Chapter 3, Administrative Hearings and Enforcement, and Administrative Appeals, Article IV, Administrative Appeals, of this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-3-4: Vicious animals prohibited

(a) It shall be unlawful to keep, possess, or harbor a vicious dog, as determined under Article III of this Chapter, within the City.

(b) Provisions of this Section shall not apply to a police dog being used to assist one or more law enforcement officers acting in an official capacity.

(c) The Administrator of the Animal Care and Control Division shall seek a destruction order from the district court to euthanize an animal that has been declared vicious under Article III of this Chapter.

(d) The owner of an animal subject to a destruction order of the district court may appeal as prescribed by the Revised Judicature Act of 1961, being MCL 600.101, et seq, and MCL 600.8342 in particular, or other applicable state law.

(e) The owner of a vicious dog shall be liable for and shall pay all costs associated with impoundment, removal, or euthanasia of said animal. The owner shall pay any other associated costs incurred with the enforcement of this Chapter relative to their animal.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 4: Animal Control Shelter

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Section 6-4-2: Neutering and spaying clinic

(a) Services of a neutering and spaying clinic at the Animal Control Shelter may be made available to residents of the City to have their dogs and cats altered. The Animal Control Shelter shall give priority for such services to dogs and cats owned by residents of the City who receive public assistance, or whose income consists primarily of payments derived from the Social Security Act or the Railroad Retirement Act, or benefits from the U.S. Department of Veterans’ Affairs.

(b) A fee schedule for alteration that is based on an owner’s ability to pay and the complexity of the surgery involved shall be established and approved in accordance with Section 6-1-4(k) of this Code.

(c) The availability of any services within this section shall be limited by the annual budget approved by City Council and Mayor for the neutering and spaying clinic.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-4-3: Seizure, capture, impoundment, and harboring of stray animals

The Animal Control Shelter shall seize, capture, impound, and harbor all stray animals and all animals owned or harbored contrary to the provisions of this chapter, provided, that, where the animal is on private property, the provisions of Section 6-1-3(f) of this Code shall apply.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-4-5: Redemption and release fees

(a) A release fee shall be required to be paid to the Animal Control Shelter by each person claiming ownership or buying any dog, cat or other animal that is in the custody of the Animal Control Shelter, provided, that an owner reclaiming his or her stray dog on more than one (1) occasion shall be charged an additional fee for multiple releases.

(b) Any animal that has been confined for rabies observation, or has been confiscated by the Animal Care and Control Division or by the Police Department and impounded as a result of alleged unlawful activity or as a result of eviction from a premises, shall not be released from the Animal Control Shelter unless the owner or person lawfully claiming the animal shall pay to the Animal Control Shelter a service charge for the care, custody and feeding of animal for each impoundment.

(c) A fee schedule for services rendered under this section shall be established and approved in accordance with Section 6-1-4(k) of this Code and posted at the Animal Control Shelter.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-4-6: Disposition upon failure to redeem; sale or transfer of live animals for research prohibited; neutering, spaying, licensing, and vaccination prior to release

(a) After being impounded, an animal, which is not claimed, and released within the time period prescribed by Section 6-4-4 of this Code, may be euthanized by the Animal Control Shelter.

(b) The Animal Control Shelter shall not knowingly sell or transfer any unclaimed live animal to any organization or person for the purpose of research.

(c) During such times as a neutering and spaying clinic shall exist at the Animal Control Shelter, all dogs and cats sold by the shelter shall be altered at the shelter before being released to the purchaser. A fee that is established and approved in accordance with Section 6-1-4(k) of this Code shall be charged for this service and paid to the Animal Control Shelter prior to the surgical procedure taking place. The purchaser must agree in writing to all conditions prescribed by the Animal Control Shelter concerning the entire process.

(d) All dogs sold by the Animal Control Shelter shall be currently licensed and vaccinated against rabies by a licensed veterinarian before release.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 5: Licensing and Control of Dogs

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Section 6-5-1: Dog license requirements; rabies vaccination requirements; limitation on number of licenses issued to a residence; disposition of licensed dogs; impoundment of unlicensed dogs

(a) No person shall own, harbor, keep, or shelter a dog more than four months of age within the City without purchasing a license for the dog, in accordance with the requirements of this chapter, from the Animal Care and Control Division, from a City agency or department authorized to accept payment for a City dog license, or from a non-profit organization authorized to accept payment for a City dog license. A person must be 18 years of age or older to obtain a City dog license.

(b) In accordance with Section 6-5-4(a) of this Code, the Animal Care and Control Division, or any City agency or department authorized to accept payment for a City dog license, or a non-profit organization authorized to accept payment for a City dog license, shall not issue more than two dog licenses for a residence within the City unless the applicant for a license presents a signed notarized statement indicating whether one or more dogs previously licensed at the residence:

(1) Has died;

(2) Has been sold or has been permanently transferred to a person not at the same residence or to an agency or organization; or

(3) Has escaped or reported stolen and has not been located by the owner for at least a two-month period.

(c) The Animal Care and Control Division is authorized to impound, sell, euthanize, or dispose of any unlicensed dog consistent with the Michigan Dog Law of 1919, being MCL 287.261 et seq., and this chapter. Where any stray dog is captured by the Animal Care and Control Division and is duly licensed in compliance with this chapter, the dog may be released to the owner upon payment of any fees, including impoundment charges, if any, which are established and approved in accordance with Section 6-1-4(k) of this Code, provided, that the dog has not been declared a public nuisance under Section 6-1-7 of this Code, or issued a potentially dangerous animal, dangerous animal or vicious animal determination pursuant to Article III of this Code, and the release of the dog to the owner would be consistent with protecting public health and safety.

(d) Where any stray dog is captured by the Animal Care and Control Division and is not duly licensed in compliance with this chapter, the dog shall only be released to its owner upon settlement of any other violation or penalty that is provided for in Section 6-1-3 of this Code, payment of license fee, and either:

(1) Proof of rabies vaccination as described in Section 6-5-2 of this Code; or

(2) Payment of costs associated with vaccination performed by the Animal Care and Control Division.

(e) An animal owner, harborer, keener or person who has custody of an animal shall update the information provided on a license application in the event any of the information changes, including but not limited to the street address where an animal is located. The updated information shall be filed with the Animal Care and Control Division, or with any authorized City agency or department, or with a nonprofit organization authorized by the City to issue a dog license.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-5-2: Rabies control requirements for dogs over the age of four months; waiver of vaccination fee

(a) Any dog over the age of four (4) months that is owned, harbored, kept, or sheltered within the City shall at all times be vaccinated against rabies, unless a written statement, renewable each year by a veterinarian is produced by such owner showing that the dog should not be vaccinated. Any owner or person harboring keeping, or sheltering a dog within the City shall have the duty, upon demand by the Animal Care and Control Division or by any authorized agent of the Animal Care and Control Division, to produce a proof of vaccination against rabies. A proof of vaccination against rabies shall consist of a written certificate or statement signed by a licensed veterinarian, and shall state the owner’s name and address, a description of the dog, including the breed, sex, and age of the dog, the date of vaccination, the type of vaccine used, and the date re-vaccination is due. One copy of the certificate or statement shall be forwarded by the veterinarian signing such document to the Animal Care and Control Division in a manner as prescribed by the City.

(b) The Animal Care and Control Division shall provide a licensed veterinarian to vaccinate a dog, without payment of a fee, where:

(1) The owner, as determined by the Animal Control Division, is an indigent person who is unable to pay;

(2) The owner presents proof of the current receipt of state or local public assistance; or

(3) The owner’s income consists entirely of benefits under the Social Security Act or the Railroad Retirement Act, or benefits from, the U.S. Department of Veterans’ Affairs, provided, that waiver of payment for a dog vaccination shall apply to only one dog per residence.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-5-4: Dog license application; issuance and expiration of licenses

(a) An application for a City dog license may be filed with the Animal Care and Control Division, or with any authorized City agency or department, or with a nonprofit organization authorized by the City to issue a dog license, by a person 18 years of age or older who presents a valid government issued identification card.

(b) The application for a dog license shall state:

(1) The full name of the owner of the dog;

(2) The age, breed, color, markings, name, and sex of the dog; and

(3) The name and address of the last previous owner of the dog, if applicable.

(c) The application for a dog license shall be accompanied by a license fee that is established and approved in accordance with Section 6-1-4(k) of this Code and a valid certificate of a current vaccination for rabies with a vaccine licensed by the United States Department of Agriculture that is signed by a licensed veterinarian. A license for a dog may only be issued without such certification in accordance with Section 6-5-2 of this Code.

(d) Where the required application for a dog license has been completed and the license fee paid, the Animal Care and Control Division, or any authorized City agency or department or non-profit organization authorized by the City, shall cause to be issued to an applicant an annual license to harbor, keep, or shelter a dog within the City for the term commencing at the date of the issuance of the license and expiring one year from the date of the rabies vaccination.

(e) All dog licenses, which are required under this article for any dog that is a service animal, shall be issued for the life of the dog.

(f) The Animal Care and Control Division may transfer a license from an animal in the care of a rescue organization under Article VI of this Chanter to a person upon proof of adoption of the animal.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-5-5: Dog license fees

(a) The Animal Care and Control Division, any authorized City agency or department, or any non-profit organization authorized to issue a City dog license, shall at the time of and before issuing a dog license and for each renewal, collect from each applicant a license fee, which is established and approved in accordance with Section 6-1-4(k) of this Code, for each altered dog with a surcharge to be established for each dog not altered. Licenses renewed more than 30 days after expiration or obtained more than 30 days after newly acquiring a dog shall incur a penalty of double the applicable license fee. When the license is issued from a non-profit organization authorized to issue a City dog license, the organization is authorized to deduct a portion designated by the City for each license so issued to pay the organization for the administrative costs inclined, before forwarding the balance of the license fee to the Animal Care and Control Division.

(b) A schedule that contains the license fees shall be posted at locations where City dog licenses are issued.

(c) A dog license for a dog that is a service animal shall be issued without any charge to the owner.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-5-6: License tags; license and tags not transferable; use of microchips; transfer of microchip registration

(a) The dog license issued by the Animal Care and Control Division shall consist of a metal tag which shall have stamped or engraved thereon the year issued. The license tags delivered shall be approved by the Animal Care and Control Division before delivery. The shape and style of the license tags shall be changed annually. License tags will be attached to a substantial collar harness of durable material. Other than those provided for in this section or required by Section 6-3-2(a)6 or(7), no official license tags shall be used on the collar or harness of any dog. This requirement does not prohibit the placement of private identification tags on any animal.

(b) No person shall remove the collar or harness, with the license tag attached, from any dog without consent of the owner or the party to whom the license for the dog is issued, provided, that an animal control officer may remove a collar or harness from an impounded dog for the purpose of identification, or for the safety, of the dog.

(c) A collar or harness, with license tag attached, shall be worn at all times by a dog, when the dog is on any street, highway, or public place within the City.

(d) Upon satisfactory proof that the license tag, as required in this section, has been lost, the Animal Care and Control Division, or other agency authorized by the City to issue dog licenses, is authorized to issue a duplicate license tag upon the payment of a license replacement fee that is established and approved in accordance with Section 6-1-4(k) of this Code.

(e) Dog licenses or license tags issued under this section are not transferable between dogs or between owners.

(f) The Animal Care and Control Division is authorized to implant and utilize microchips to identify licensed dogs and to collect a fee that is established and approved in accordance with Section 6-1-4(k) of this Code for such services.

(g) Any person owning any a dog which has been implanted with a microchip pursuant to this section shall transfer in writing the microchip registration with the Animal Care and Control Division upon the barter, gift, sale, trade or other transfer of the dog.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-5-7: Breeders permit required; application

(a) No person shall breed or own an unaltered female dog that produces a litter of puppies without obtaining a breeders permit from the Animal Care and Control Division.

(b) The Animal Care and Control Division shall issue a breeders permit upon receipt of a completed application form, verification of current licensing and vaccination records, and payment of the applicable fee.

(c) The breeders permit shall be valid for one year from the date of issuance and allow for a maximum of two litters per female dog.

(d) The Animal Care and Control Division may revoke a breeders permit for failure to adhere to this Section.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 6: Rescue Organizations

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Section 6-6-1: Registration required

It shall be unlawful to engage in the activity of a rescue organization within the City which shall include the placement of any animal in a foster home within the City of Detroit, without first registering the rescue organization with the Department. 

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-6-2: Registration: information required

(a) Registration required under this article shall be made on a form that is provided by the Department. The registration shall be considered completed when the appropriate person has signed and dated the registration in the presence of a notary public, has paid the required registration fee, and has provided the information that is required on the form, including:

(1) Name and type of organization.

(2) Capacity for the type and number of animals.

(3) Proof of current liability insurance in an amount determined by the Administrator, or the Administrator’s designee, to be sufficient to compensate and protect the public from any damage or harm caused by the animal.

(4) Name and address of all foster homes associated with the rescue organization.

(b) Registration shall be filed annually.

(c) Any information provided in accordance with Subsection (a) of this section shall be supplemented in writing and sent by certified mail, return receipt requested, to the Department within ten business days of circumstances that would render false or incomplete the information that was previously submitted.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-6-3: Foster home permits issued to animal rescue organization; animal limit; license

(a) The Department shall issue to each registered rescue organization a specified number of foster home permits which the rescue organization shall use to identify foster homes permitted by the rescue organization to have an animal placed as a foster animal within the City.

(b) Each registered foster home permit shall be limited to four total temporary foster dogs.

(c) Each foster dog shall be licensed to the animal rescue organization pursuant to the procedure set forth in Article V, of this Chapter. Licenses may be transferred by the Animal Care and Control Division upon adoption by an individual residing in the City.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Section 6-6-4: Foster home permit required

(a) It shall be unlawful to operate a foster home related to a rescue organization without first obtaining a permit from the rescue organization for which that person will operate the foster home.

(b) It shall be unlawful to operate a foster home without an affiliation with a registered rescue organization.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Article 8: Urban Farm Animals

Reserved.

Codified by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).

Chapter 8: Building Construction and Property Maintenance

Article 2: Building Code

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Section 8-2-12: Addition of Section 117 to 2015 Michigan Building Code, Board of Examiners for Wrecking Contractors

In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 117, Board of Examiners for Wrecking Contractors, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:

117.0 BOARD OF EXAMINERS FOR WRECKING CONTRACTORS 

117.1 Established: members; terms; vacancies.

(a) There shall be established a Board of Examiners for Wrecking Contractors consisting of seven members who are appointed by the Mayor to advise the Director of the Buildings, Safety Engineering, and Environmental Department on matters relating to the application, examination, and licensing of wrecking contractors.

(b) The Board of Examiners shall report to and be directly responsible to the Director of the Buildings, Safety Engineering, and Environmental Department.

(c) The appointees shall consist of:

(1) The Chief of the Buildings Division of the Buildings, Safety Engineering, and Environmental Department;

(2) A second employee from the Buildings, Safety Engineering, and Environmental Department Buildings Division;

(3) Two representatives of the public who are resident taxpayers of the City;

(4) One individual who is a registered professional engineer, and

(5) Two individuals who are licensed as wrecking contractors who shall be residents of the City or non-residents who maintain their principal business offices within the City, who are non-voting members.

(d) The two members from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall serve at the pleasure of the Mayor.

(e) Commencing February 15, 2018, the other five Board members not identified in Subsection (d) of this section shall serve staggered three-year terms which, in accordance with Section 2-110 of the 2012 Detroit City Charter, begin on the 15th day of February and end on the final February 14th of the term, provided, that the initial term of two of the members shall be three years, the initial term of two of the members shall be two years, and initial term of one of the members shall be one year.

(1) Any vacancy occurring on the Board of Examiners for Wrecking Contractors for the members delineated in Subsection (e) of this section shall be filled by the Mayor for the remainder of any unexpired term. A member who is appointed to fill a vacancy on the Board shall serve only for the remainder of the term, provided, that such member may be reappointed.

117.2 Promulgation of administrative rules; meetings, quorum; business to be held and conducted at public meetings; notice; public information.

(a) In accordance with Section 2-111 of the 2012 Detroit City Charter, the Board of Examiners for Wrecking Contractors shall promulgate procedural rules for:

(1) The Body’s meetings regarding the application, examination, and licensing of wrecking contractors;

(2) The Body’s hearings regarding the suspension and revocation of Wrecking Contractor Licenses; and

(3) The Body’s hearings regarding the issuance of Wrecking Contractor Licenses that were revoked.

(b) One member from the Buildings, Safety Engineering, and Environmental Department shall be the Chair of the Board of Examiners for Wrecking Contractors and the second member from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall be the Vice-Chair. The Chair shall designate a member of the Buildings, Safety Engineering, and Environmental Department to act as secretary for the Board.

(c) The procedural rules shall provide, among other things, that:

(1) The vice-chair shall act in the absence of the chair;

(2) Three voting members shall be necessary for a quorum and, except where a member has a conflict, with the exception of the two non-voting members, all members shall vote on each voting matter; and

(3) A matter shall not be determined, nor a motion be adopted, except by at least three affirmative votes.

(d) At the direction of the Chief of the Buildings Division, the secretary of the Board of Examiners for Wrecking Contractors shall call a meeting of the Board and shall notify the members thereof in writing in accordance with Subsection (e) of this section. The secretary shall keep a record of all decisions of the Board and, upon request, shall furnish a copy thereof to all interested parties.

(e) The business which the Board of Examiners for Wrecking Contractors may perform shall be conducted at a public meeting that is held in compliance with the Michigan Open Meetings Act, being MCE 15.261 et seq. Public notice of the time, date, and place of the meeting shall be given in the manner required by the Michigan Open Meetings Act, being MCL 15.261 et seq.

(f) A record of decisions made by the Board of Examiners for Wrecking Contractors, and any other writing prepared, owned, used, in the possession of, or retained by the Board in the performance of an official function shall be made available to the public in compliance with the Michigan freedom of Information Act, being MCL 15.231 et seq.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).

Section 8-2-13: Addition of Section 118 to 2015 Michigan Building Code, Wrecking Contractor License

In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 118, Wrecking Contractor License, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:

118 WRECKING CONTRACTOR LICENSE

118.1 License required: recommendation of Board of Examiners for Wrecking Contractors required.

No individual, partnership, firm or corporation shall contract to demolish, disassemble, dismantle or dismember, and remove, or engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, residential or commercial buildings or structures, without a license from the Buildings, Safely Engineering, and Environmental Department, which authorizes the holder thereof to engage in such business. Such licenses shall be issued by the Director of the Buildings, Safety Engineering, and Environmental Department to qualified applicants considering the recommendation of the Board of Examiners for Wrecking Contractors.

118.2 Classification and limitation. 

Wrecking contractor licenses are classified as follows:

(1) Class A Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete;

(2) Class A Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete.

(3) Class B Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures that are wood frame and solid masonry and neither contain steel frames or reinforced concrete nor exceed three stories or 35 feet in height.

(4) Class B Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures that are wood frame or solid masonry and do not to exceed three stories or 35 feet in height.

(5) Class C License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential buildings or structures that do not exceed three stories or 35 feet in height.

118.3 Application; supplementation of information required.

(a) An application for a Wrecking Contractor License shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application shall be considered complete when the appropriate person has signed and dated the application in the presence of a notary public, has provided an affidavit that attests to their experience and is signed in the presence of a notary public, has paid the nonrefundable license fee that is established and approved under Section 109.1 of this code, and has provided the information that is required on the form, including:

(1) The name, business address, and telephone number of the business;

(2) Where the applicant is an individual:

a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;

b. The applicant’s current mailing address and e-mail address; and

c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicant’s date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency; and Wrecking experience of applicant.

(3) Where the applicant is a partnership:

a. The legal name and any other name used by the partners during the preceding five years;

b. The current mailing address and email address for the business; and

c. The name and wrecking experience of the partner designated to take the examination for the partnership;

(4) Where the applicant conducts business under a trade or assumed name:

a. The complete and full trade or assumed name;

b. The county where and date that the trade or assumed name was filed;

c. The name of the person doing business under such trade or assumed name, the manager, and other person in charge; and

d. The current mailing address and email address for the business;

(5) Where the applicant is a corporation:

a. The full and accurate corporate name;

b. The state and date of incorporation;

c. The full names and addresses of officers, directors, managers, and other persons with authority to bind the corporation;

d. The current mailing address and email address for the business; and

e. Name and wrecking experience of an officer of the corporation who is designated to take the examination for the corporation;

(6) The period of time during which said applicant has been engaged in the business; and

(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process.

(b) Any information provided in accordance with Subsection (a) of this section shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.

118.4 Experience required.

(a) Class A licenses.

(1) Except as provided in Subsection (2) of this section, no Class A license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.

(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.

(3) In addition to the provisions of Subsection (1) and (2) of this section, no Class A Unrestricted License shall be issued unless a holder who disassembles, dismantles or dismembers, and removes, one- and two-family dwellings, first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.

(b) Class B licenses.

(1) Except as provided in Subsection (2) of this section, no Class B license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.

(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.

(3) In addition to the provisions found in Subsection (1) and (2) of this section, no Class B Unrestricted License shall be issued unless a holder who demolishes, disassembles, dismantles or dismembers, and removes, one- and two-family dwellings first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.

(c) Class C licenses.

(1) No Class C license shall be issued unless the applicant is licensed as a residential builder or a residential maintenance and alteration contractor with a wrecking classification by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412; and has either

(2) A State of Michigan Licensed Engineer on staff and present during demolition at the demolition site; or

(3) Has experience in a supervisory capacity in the demolition of at least five residential structures.

118.5 Oral and written examinations required.

(a) The Board of Examiners for Wrecking Contractors shall determine the qualifications of each applicant. The Board shall make its decision based upon an oral examination, a written examination, and sworn affidavits that are required to be submitted with the application.

(b) The Board shall conduct the oral examination of each applicant. There shall be at least five members of the Board present at the oral examination.

(c) In the event that the applicant passes the oral examination, the Buildings, Safety Engineering, and Environmental Department is authorized to offer the written examination to the applicant. The written examination shall be conducted once each month in accordance with examination schedule that is posted at the Department for the current calendar year. A completed application to take the examination, along with the required fee, shall be received at the Department no later than 14 days before the examination. An applicant who passes the written examination may obtain issuance of his or her license at the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.

118.7 Surety bond and insurance.

(a) No Wrecking Contractor License shall be issued until the applicant has filed with the Director of Buildings, Safety Engineering, and Environmental Department:

(1) A surety bond in the amount of $50,000.00 with such surety or sureties as are approved by the Corporation Counsel, conditioned on the faithful performance of the provisions of this Code and other applicable laws, and saving and protecting the City harmless from any and all damages to private property and to pay for any and ail damages to public property that may arise from the use of any of its streets, alleys, boulevards or other public places in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures; and

(2) A public liability and property damage insurance policy naming the applicant and the City of Detroit as an additional insured and providing for the payment of any liability imposed by law on such applicant and/or the City of Detroit to the extent of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for injury to or death of any one person, and not less than $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License for injuries to or death of more than one person and damages to property in the amount of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for each occurrence and $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License in the aggregate; and provided further, that the applicant submits a satisfactory insurance policy with evidence to the effect that he is covered by workers compensation insurance covering any and all wrecking operations. Such policies of insurance shall expire concurrently with the Wrecking Contractor license, on December 31st of each year, and new insurance policies shall be obtained and produced when making application for the annual renewal of the license. The policies of insurance shall contain a provision of a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon.

(b) Any insurance company whose policy or policies have been so filed pursuant to this section shall file written notice in the office of the Director of Buildings, Safety Engineering, and Environmental Department of its intention to terminate and cancel such policy or policies and give notice thereof to the licensee, whereupon the Director of Buildings, Safety Engineering, and Environmental Department shall cause the Wrecking Contractor License of the individual, partnership, firm, or corporation affected thereby to become null and void until such time as a new policy or policies of insurance are issued and presented to the Buildings, Safety Engineering, and Environmental Department.

118.9 Updating certain information required.

(a) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of the address that was provided under Section 118.3 of this code within ten business days after the change has occurred.

(b) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of partners, officers, or a trade or an assumed name that was provided under Section 118.3 of this code within ten business days after the change has occurred.

118.10 Expiration and renewal of license; wrecking prohibited where license expired or revoked.

(a) An application for renewal of a Wrecking Contractor License shall be filed annually with the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division prior to January 1st in each year.

(b) Prior to the expiration of a current Wrecking Contractor License, a licensee shall submit an application for renewal and pay a non-refundable fee for renewal of the license. Submission of an application for renewal and payment of the license fee before the expiration date of the license shall allow tor the continued operation as a wrecking contractor until such time that the license renewal application is denied, or the license is suspended or revoked.

(c) A Wrecking Contractor License that is issued under Section 118.8 of this code shall expire on December 31st.

(d) Where any Wrecking Contractor License has not been renewed for one year from the date of expiration, the license is deemed revoked.

(e) A Wrecking Contractor License that is revoked under this section may be renewed upon application to the Board of Examiners for Wrecking Contractors and the showing of good cause. An applicant whose license is revoked is required to pay a late fee for each year and, where the applicant’s license is revoked for more than three years, the applicant is subject to retesting and the payment of the examination fee.

(f) It shall be unlawful for any individual whose Wrecking Contractor License has not been renewed to demolish, disassemble, dismantle or dismember, and remove buildings or structures, or to engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, buildings or structures, or to perform such work on a contractual basis, until such expired license has been renewed or reinstated upon reconsideration by the Board of Examiners for Wrecking Contractors.

(g) A Wrecking Contractor License that is issued under this section may be renewed or reinstated only by submitting a completed application and paying the non-refundable fee as required, respectively, in Section 118.3 and Section 118.5 of this code to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.

118.11 Suspension and revocation.

(a) Any licensed wrecking contractor who fails to comply with any notice of the Buildings, Safety Engineering, and Environmental Department relative to wrecking operations may have their license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors. Any licensed wreck inn contractor who operates in violation of the provisions of this ordinance and/or State and local rules and regulations lawfully promulgated, may have such license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors.

(b) The Department may send a Notice to Appear to the holder of a Wrecking Contractor License, where facts exist regarding any of the following reasons:

(1) An allegation of incompetence;

(2) An allegation of act of willful or gross negligence;

(3) An allegation of deliberate misrepresentation;

(4) Failure of licensee to comply with the conditions under which a permit was issued; or

(5) Failure of the licensee to comply with any other requirement of this Code or applicable state law.

(c) The Notice to Appear shall:

(1) Be in writing to the holder of the license at the address shown on Buildings, Safety Engineering, and Environmental Department records to appear before the Board of Examiners for Wrecking Contractors at a stated date and time to show cause why the license should not be suspended or revoked;

(2) State the reason or reasons therefor that the license will be suspended or revoked unless good cause is shown to the contrary at the hearing; and

(3) Be sent, via first class and certified mail, providing seven days notice before the scheduled hearing date.

(d) Pending the hearing, the Director may immediately suspend such license if the circumstances in the Director’s opinion justify such action. After the hearing, the Board of Examiners for Wrecking Contractors shall make its recommendation to the Director who may suspend or revoke the license if the Director finds the wrecking contractor in violation of any of the causes for suspension or revocation and if such action in the Director’s opinion is in the best interest of the City.

(e) It shall be unlawful for any individual, partnership, firm, or corporation whose Wrecking Contractor License has been suspended or revoked to engage in the demolition or removal of buildings or structures in the City until such suspended or revoked license has been reinstated or reissued.

118.12 Review of adverse decision.

In the event that the Director’s decision is adverse to the licensee, the licensee may pursue review of the adverse decision in accordance with the Michigan Court Rules by appeal to the circuit court within 21 days of entry of an order. Where said licensee seeks judicial review, the Director’s decision remains in effect until enjoined or reversed by the circuit court.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).

Section 8-2-18: Floodplain management regulations; Additions to Section 1612 of 2015 Michigan Building Code, Flood Loads

(a) In accordance with Section 8-2-2 of this Code, Appendix G of the Michigan Building Code shall be enforced by the City’s building official as the City’s floodplain management regulations.

(b) In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds to Section 1612 of the 2015 Michigan Building Code, Flood Loads, the following provision, which, as required by federal law, was contained in the 1984 Detroit City Code and concerns administration and enforcement: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in the engineering report entitled “The Flood Insurance Study for Wayne County Michigan (All Jurisdictions),” dated October 21, 2021 as amended or revised with the accompanying Flood Insurance Rate Map (FIRM), which specifies: panel numbers 26163CIND1C, 26163CIND2C, 26163C0140F, 26163C0143F, 26163C0269F, 26163C0270F, 26163C0282F, 26163C0284F, 26163C0285F, 26163C0286F, 26163C0287F, 26163C0288F, 26163C0301F, 26163C0302F, 26163C0303F, 26163C0304F, 26163C0306F, effective October 21, 2021; panel numbers 26163C0060E, 26163C0066E, 26163C0067E, 26163C0069E, 26163C0100E, 26163C0150E, 26163C0232E, 26163C0234E, 26163C0253E, 26163C0255E, 26163C0268E, 26163C0280E, effective February 2, 2012 and, provides the required information of the “Flood Hazards” section of Table R301.2(1) of the 2015 Michigan Residential Code, and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

 

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-33 (JCC 9/21/2021, Passed 10/5/2021, Approved 10/11/2021, Published 10/14/2021, Effective 10/21/2021).

Article 15: Property Maintenance Code

Division 1: In General

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Section 8-15-4: Definitions: C

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Certificate of Compliance means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a building, premises or structure, or a portion thereof, complies with the requirements of this article.

Certificate of Collection Box Maintenance means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a collection box complies with the requirements of this article.

Certificate of Registration of Rental Property means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a rental property complies with the requirements of this article.

Certificate of Registration of Vacant Property means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a vacant property has been registered.

Certified abatement worker means an individual who has been trained to perform lead abatement by an accredited training program and who is certified by the Michigan Department of Health and Human Services to perform lead abatement.

Certified clearance technician means an individual who has completed an approved training course and is certified by the Michigan Department of Health and Human Services to perform lead-clearance testing on interim controls or nonabatement/renovation projects to ensure that lead dust has been removed.

Certified lead inspector means an individual who has been trained by an accredited training program and certified by the Michigan Department of Health and Human Services to conduct lead-based paint inspections for the purpose of identifying lead-based paint and take samples for the purpose of lead-abatement clearance testing.

Certified renovator means an individual who has successfully completed a lead hazard renovator course provided by an accredited training program for which the Michigan Department of Health and Human Services, who has been issued a certificate to perform lead hazard renovations, or who directs or subcontracts to others under their supervision to perform lead hazard renovations.

Certified risk assessor means an individual who has been trained by an accredited training program and certified by the Michigan Department of Health and Human Services to conduct evaluations, lead-based paint inspections, and risk assessments for lead-based paint hazards, and to take samples for the presence of lead in paint and dust for the purpose of post remedy inspection and certification.

Charitable organization means a benevolent, educational, philanthropic, humane, patriotic, or eleemosynary organization of persons that solicits or obtains contributions solicited from the public for charitable purposes. The term includes a chapter, branch, area office, or similar affiliate or person soliciting contributions within the state for a charitable organization that has its principal place of business outside the state.

Clearance examination means an activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no lead-based paint hazards, as defined in this section, exist in the dwelling unit or work site.

Clear vision triangle means the area formed by extending the two curb lines a distance of 45 feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle.

Co-box controller means any person who owns or otherwise is in control of a collection box used to solicit collections of salvageable personal property.

Collection box means any unattended container, receptacle, or similar device that is located outdoors on any parcel or lot of record within the City of Detroit and that is used for soliciting and collecting clothing, household items, or other salvageable personal property. This term does not include recycle bins solely used for the collection of recyclable material, garbage receptacles, approved containers, as defined by Section 42-1-1 of this Code, or any collection box enclosed in a building.

Collection box servicing means every 21 days the collection box shall be:

(1) Power washed, both inside and outside, in a manner that disinfects to prevent infestation;

(2) Cleared of all graffiti, tags, and gang markings;

(3) Repaired, which includes the removal of any large dents which change the surface structure of the box, fixing any mechanisms that enable the collection box to stay locked and secured, and replacing the collection box when it cannot be repaired on location; and

(4) Cleaned such that the surrounding area is free of any solid waste, as defined by Section 8-15-9 of this Code, clothes, and any other donated items.

Commercial establishments means all businesses, nonprofit organizations, churches, governmental agencies, and other such institutions which cannot be classified as residential structures, as well as residential structures containing five or more household units.

Commercial solid waste means:

(1) The solid waste resulting from the operation of commercial establishment; and

(2) Construction solid waste, but does not include domestic solid waste.

Community residential home means a location which provides shelter to prisoners placed pursuant to Section 65a of the Michigan Department of Corrections Act, being MCL 791.265a.

Construction solid waste means waste from buildings construction, alteration, demolition or repair, and dirt from excavations.

Containment means a process to protect workers and the environment by controlling exposure to a dust lead hazard and debris created during lead abatement.

Correction notice means a written notice of a violation that, if not cured within the time period stated in the notice, will result in the issuance of a blight violation notice.

Courville containers means receptacles which are 100, 300 or 400 gallons in capacity, are the property of the City, are provided by the Department of Public Works for use at residential structures and commercial establishments, and are mechanically emptied.

Condemnation means to determine a structure unfit for occupancy.

Condominium means that portion of a condominium conversion or project designed and intended for residential, office, industrial, business or recreational use, or use as a time share unit, or any other type of use.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-6: Definitions: G-K

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Garbage means, as defined by Section 11503 of the Michigan Natural Resources and Environmental Act, being MCL 324.11503, rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable matter. Good repair means to be properly installed, safe, stable, and maintained sufficiently free of defects or deterioration so as to be functional for current use,

Graffiti means any drawing, lettering, illustration, inscription, design, or other marking that is etched, painted, sprayed, drawn, or otherwise caused to be displayed on the exterior of any building, premises or structure, but does not mean an art mural or sign as defined in Section 4-1-1 of this Code, building identification under Section 8-15-202 of this Code, any sign permitted by the Chapter 50 of this Code, Zoning, or any decoration that is part of the architectural design of the building entrance.

Guard means a building component, or a system of building components, located at or near the open sides of elevated walking surfaces that minimize the possibility of a fall from the walking surface to a lower level.

Habitable space means space in a structure for living, eating, cooking or sleeping, but does not mean bathrooms, closets, halls, storage or utility spaces, toilet rooms, or similar areas.

Hazard reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two.

Hazardous condition means a condition which may result in the death, injury, or illness of a person or in severe damage to a building, premises, or structure.

Homeless means an individual who, or family which, lacks a fixed, regular and adequate nighttime residence, or whose primary nighttime residence is:

(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

(2) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

Hotel means any building containing guest rooms which are intended or designed to be used, rented, or hired out by transient persons or by a transient family.

Household units means the individual residences of the residents of the city. 

Imminent danger means a condition which could cause serious or life-threatening injury, or death, to persons at any time due to the maintenance, or lack of maintenance, of a building, premises, or structure.

Impact surface means an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames.

Infestation means the presence of insects, rats, vermin or other pests within, or contiguous to, a building, premises, or structure.

Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead based paint hazards, including, but not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-31 (JCC. 3/3/20, Pass. 7/21/20, App. 7/27/20, Pub. 3/26/21, Eff. 12/9/20).

Section 8-15-11: Civil fines for violations of article

(a) The following schedule of civil fines shall be assessed and paid at the Department of Appeals and Hearings for the specified violations of this article:

  First Offense Second Repeat Offense Third and Subsequent Repeat Offense
I. Failure to meet a requirement of this article, except as otherwise specified in this section:
One- or two-family dwelling $50.00 $100.00 $200.00
All other structures, except buildings with five or more stories $100.00 $200.00 $500.00
Buildings with five or more stories $200.00 $500.00 $1,000.00
Collection Boxes $200.00 $500.00 $1,000.00
II. Failure to comply with an emergency or imminent danger order concerning an emergency condition, an imminent danger, an unsafe or unsanitary condition, or unlawful occupancy.
One- or two-family dwelling $500.00 $1,000.00 $1,500.00
All other structures, except buildings with five or more stories $1,000.00 $1,500.00 $2,000.00
Buildings with five or more stories $1,500.00 $3,000.00 $5,000.00
Collection Boxes $1,500.00 $3,000.00 $5,000.00
III. Failure of the owner to obtain a Certificate of Compliance in violation of

Section 8-15-35 of this Code.

$250.00 $500.00 $1,000.00
IV. Failure of the owner to obtain a Certificate of Registration of Rental

Property in violation of Section 8-15-81

of this Code.

$250.00 $375.00 $500.00
V. Failure of the owner to obtain a Certificate of registration of Rental

Property in violation of Section 8-15-81 of this Code.

$250.00 $350.00 $500.00
VI. Failure to obtain a Lead Clearance for Rental Property in violation of Section 8-15-83 of this Code.
One- or two-family dwelling $500.00 $1,000.00 $2,000.00
All other structures, except buildings with five or more stories $1,000.00 $2,000.00 $4,000.00
Buildings with five or more stories $2,000.00 $4,000.00 $8,000.00
VII. Failure to remove snow or ice in violation of Section 8-15-103 of this Code.
One- or two-family dwelling $50.00 $125.00 $250.00
All other buildings, premises or structures $100.00 $250.00 $500.00
VIII. Weeds or plant growth in violation of Section 8-15-104 of this Code. $50.00 $125.00 $250.00
IX. Rodent harborage in violation of Section 8-15-105 of this Code. $100.00 $250.00 $500.00
X. Failure to remove inoperable or unlicensed motor vehicle from premises

in violation of Section 8-15-110

of this Code.

$100.00 $250.00 $500.00
XI. Failure to maintain a vacant building or structure in accordance with the requirements of Section 8-15-113 of this Code.
One- or two-family dwelling $500.00 $750.00 $1,000.00
All other structures, except buildings with five or more stories $750.00 $1,250.00 $1,500.00
Buildings with five or more stories $1,000.00 $2,000.00 $3,000.00
XII. Failure to maintain a collection box or related premises in accordance with

the requirements of Section 8-15-521 of this Code.

$1,000.00 $2,000.00 $3,000.00
XIII. Failure to obtain a Certificate of Collection Box Maintenance in violation of Section 8-15-531 of this Code. $250.00 $500.00 $1,000.00

(b) In the case of a firm or a partnership, the civil fine may be imposed upon the partnership or members thereof, and in the case of a corporation, the civil fine may be imposed upon the officers thereof.

(c) The imposition of a civil fine, or the payment of the same, under this section shall not be construed as excusing or permitting the continuance of any violation of this article.

(d) A civil fine that is paid before the administrative hearing date shall be reduced by ten percent.

(e) A civil fine that is paid after the administrative hearing date shall be increased by ten percent.

(f) A civil fine that is paid on the administrative hearing date neither shall be reduced nor shall be increased.

(g) Pursuant to Section 4q(13) of the Michigan Home Rule City Act, being MCL 117.4q(13), and Section 3-2-52(a)(6) of the 2019 Detroit City Code, Blight Administrative Hearings Bureau hearings officers shall impose a justice system assessment fee for each blight violation determination.

(h) Pursuant to Section 3-2-55(b) of the 2019 Detroit City Code, each blight violation notice shall be subject to an administrative processing and adjudication fee, established by the Director of the Department of Appeals and Hearings and approved by the City Council.

(i) Pursuant to Section 4q(3) of the Michigan Home Rules City Act, being MCL 117.4q(3), and Section 3-2-52(4) of the 2019 Detroit City Code, a hearings officer at the Blight Administrative Hearings Bureau may waive a fine for a blight violation at an owner-occupied dwelling, or for an owner who is verified as “low income,” provided, that such owner is a first-time violator of the Code and the violator has corrected the circumstances of the violation. For purposes of this subsection, an owner shall qualify as “low income:”

(1) Where the owner establishes that his or her household income is at or below fifty percent of the median household income for the City of Detroit as determined by the most recent United States Census;

(2) Where the owner has been granted eligibility for the Detroit Homeowners Property Tax Assistance Program; or

(3) Where the owner meets criteria that the Director of the Buildings, Safety Engineering, and Environmental Department may promulgate, in his or her discretion, in accordance with Section 2-111 of the Charter.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Division 2: Administration and Enforcement

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Section 8-15-34: Enforcement; inspections; Notice of Pre-Inspection Rights; procedures

(a) The Building Official and the Public Health Director, or their authorized local officials or designees, shall make the required inspections and re-inspections under this article, or shall accept reports of inspections from any authorized City departments or agencies, or persons. All such inspection reports shall be in writing and be certified by an authorized local official of the Buildings, Safety Engineering, and Environmental Department or the Health Department, or by the responsible person. The Director of the Buildings, Safety Engineering, and Environmental Department and the Public Health
Director are authorized to engage, subject to any approvals required by the Charter or by the 2019 Detroit City Code, such expert opinion as deemed necessary to report upon unusual or technical issues that arise as a result of any inspection or re-inspection.

(b) The Building Official and the Public Health Director, or their authorized local officials or designees, are authorized to enter any building, premises, or structure within the City at reasonable times to inspect.

(1) If an owner refuses to allow an inspection, the inspector shall provide a notice of pre-inspection rights which shall include information that the owner is entitled to a pre-compliance review of the inspection by a neutral hearing officer at the Department of Appeals and Hearings to determine the purpose, scope, and propriety of the inspection; and

(2) The notice of pre-inspection rights shall:

a. Be posted at the premises, building, or structure; and

b. Be sent via regular U.S. Mail to the owner’s address of record with the Buildings, Safety Engineering, and Environmental Department.

(3) If an owner refuses to allow an inspection, the inspector shall provide a notice of pre-inspection

a. Within 14 days after the date of posting and/or mailing the notice of pre-inspection rights, whichever is later, the owner must provide the hearing officer, in writing, a review request which shall include a request to review the purpose, scope, and propriety of the inspection, along with all reasons why the inspection should not take place and shall include the owners correct and complete mailing address if different than the address of record.

b. Where the owner does not provide a review request to the hearing officer within the 14-day period, the owner shall be deemed to have waived the right to pre-compliance review of the inspection.

c. Where a hearing officer from the Department of Appeals and Hearings receives a review request from an owner for pre-compliance review of an inspection, the department seeking to conduct an inspection shall provide the hearing officer with a written explanation of the department’s purpose, scope, propriety, and any other reasons for conducting the inspection.

d. The hearing officer from the Department of Appeals and Hearings shall review all documents submitted, and, within ten days of receiving the information from the Buildings, Safety Engineering, and Environmental Department, shall issue a written determination as to whether the inspection can proceed, the premises, building, or structure address, the approved scope of the inspection, areas to be inspected, and any restrictions on the time the inspection may be conducted.

e. The hearing officer’s written determination shall be delivered to the department seeking to conduct an inspection and mailed to the owner by U.S. Mail to the owner’s address of record.

f. The owner and the department seeking to conduct the inspection, shall comply with the written determination of the hearing officer.

g. In the event a review request is not timely submitted, or in the event the hearing officer allows an inspection to proceed but the owner, property manager, tenant, or occupant does not consent to entry, the department may issue to the owner a blight violation as provided by Section 8-15-10 of this Code, and, at the department’s discretion, may seek an administrative warrant for entry of the property.

(4) The procedure outlined in Subsection (b)(1) of this section do not apply in any situation which requires immediate inspection in a building, premises, or structure where such condition reasonably constitutes an imminent threat to the public interest, safety, welfare, or otherwise involves exigent circumstances.

(c) The Building Official and the Public Health Director, or their authorized local officials or designees, shall carry and display proper City identification containing their photograph when inspecting a building, premises, or structure in the performance of their duties under this article.

(d) The Building Official, or his or her authorized local officials or designees, shall conduct inspections to obtain compliance with this article based upon at least one of the following:

(1) All buildings of public assembly, including armories, bars, hall, rental hall, school buildings, theaters, buildings used for manufacturing and industrial purposes, multiple use buildings, all buildings used for other commercial purposes, including, but not limited to, apartment houses, condominiums, emergency shelters, hospitals, hotels, lofts, office buildings, motels, rooming houses, rooming units, shelters for victims of domestic violence, temporary shelters, townhouses, and buildings, premises and structures used for lumber yards, general storage yards and railroad yard facilities, and all other buildings occupied or used by large numbers of persons or which may constitute a hazard to life or property where not in compliance with this article, and wharves, fences, billboards, signs and other structures shall be inspected by the Buildings, Safety Engineering, and Environmental Department, at least once every year;

(2) The receipt of a complaint or other notice of a possible violation of this article;

(3) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of this article;

(4) Pursuant to the issuance of certificates of compliance as required by state law, by Section 8-15-35 of this Code, or by other provisions of the 2019 Detroit City Code;

(5) Pursuant to the registration of residential rental properties in accordance with Section 8-15-82 of this Code;

(6) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;

(7) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;

(8) All owners of buildings five stories or more in height shall have all roof-mounted structures and every exterior wall of or part of the building’s exterior, including connecting bridges, cornices, copings, saves, bays, or similar projections, thoroughly inspected and examined by competent persons at their own expense at intervals not to exceed five years and shall furnish the Building Official, with a written report setting forth the true condition of the structures or wall inspected. The Building Official shall be notified in advance of such an inspection of an existing building and may have an authorized local official or designee present. Where the conditions of a structure or wall cannot be determined by inspection of the exterior of the structure or wall, the Building Official, or his or her authorized local official or designee, may require portions thereof to be removed for more thorough examination.

(9) The owners of the ambassador bridge, the Detroit River Railroad Tunnel, and the Detroit-Windsor Tunnel shall have these structures thoroughly inspected and examined by competent personnel at their own expense and at intervals not to exceed five years and shall furnish the Building Official with a written report setting forth the true conditions thereof;

(10) The exposed length of any metal or masonry stack 18 inches or more in diameter and 25 feet or more in length above ground or roof shall be inspected at least every five years by competent personnel, including steeplejacks, employed by the owner or user of such stack who shall furnish the Buildings, Safety Engineering, and Environmental Department with a written report on the condition of the stack and its support;

(11) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of another code in Chapter 8 of this Code, Building Construction and Property Maintenance, which results in notification of the appropriate division in the Buildings, Safety Engineering, and Environmental Department to take enforcement action;

(12) To protect the health, safety, and welfare of the public; or

(13) To issue a Certificate of Collection Box Maintenance as required by Section 8-15-531 of this Code.

(14) Notwithstanding Subsection (d)(1) of this section, collection boxes shall be inspected every two years.

(e) The Public Health Director shall conduct inspections to obtain compliance with this article based upon, at least, one of the following:

(1) The receipt of a complaint or other notice of a possible violation of this article;

(2) An observation by the Public Health Director, or the Director’s authorized local official or designee, of a possible violation of this article;

(3) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;

(4) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;

(5) To ensure compliance with the provisions of the Housing Law of Michigan, being MCL 126.401 et seq.; or

(6) To provide for the health, safety, and welfare of the public.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-35: Certificate of Compliance required; violation for failure to obtain; temporary certificate and modifications

(a) The following buildings and structures shall be required to have a Certificate of Compliance issued by the Buildings, Safety Engineering, and Environmental Department:

(1) With the exception of Subsection 8-15-34(d)(13) of this Code, all buildings and structures required to be inspected pursuant to Section 8-15-34(d) of the City Code; and

(2) One- and two-family dwellings, or any part of a residential structure, which are occupied by persons pursuant to an oral or written rental contract or lease agreement for monetary compensation. This requirement shall not include one family dwellings which are occupied by the owner of the structure and the owner’s immediate family and those portions of a two-family dwelling which are occupied by the owner and the owner’s immediate family.

(b) As required by this article, a Certificate of Compliance for a building or structure shall be issued, upon inspection, by the Buildings, Safety Engineering, and Environmental Department, correction of any violations, and a determination by the Buildings, Safety Engineering, and Environmental Department that the building or structure is in compliance with this article, including, but not limited to, the standards in Section 8-15-36(a) of the City Code.

(c) The Certificate of Compliance, which is issued by the Buildings, Safety Engineering, and Environmental Department pursuant to this article, shall be posted in a conspicuous place within the building or structure and readily available for inspection with the exception of Certificates of Compliance issued for one and two-family rental dwellings. Certificates of Compliance for one- and two-family rental dwellings shall be maintained by the owner and made available upon request by the Building Official or the Public Health Director, or their authorized local officials or designees, or by any current or prospective tenant.

(d) Subject to Section 8-15-81 of this Code, it shall be unlawful to occupy or use a building, premises, or structure required to have a Certificate of Compliance under this article, or cause same to be occupied, without the required Certificate of Compliance for the building, premises, or structure. Upon the issuance of a blight violation notice and a finding that the building, premises, or structure is unsatisfactory for human habitation, the Building Official or Public Health Director may order such building, premises, or structures vacated.

(e) Whenever there are practical difficulties involved in carrying out the provisions of this article, the Building Official shall have the authority to issue a Temporary Certificate of Compliance or grant modifications for individual cases, provided, that the Building Official shall first find a specific reason that:

(1) Would make the strict letter of this article impractical;

(2) The modification from the requirement is in compliance with the intent and purpose of this article; or

(3) Such modification does not lessen any health and safety requirements of any provision of state law, of this article, or of the 2019 Detroit City Code as determined by the appropriate City official.

(f) The details of any action granting a modification from this article shall be recorded, entered, and maintained in the records of the Buildings, Safety Engineering, and Environmental Department.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-46: Violation as public nuisance; abatement

Any premises, as defined in Section 8-15-8 of this Code, that is maintained in a condition in violation of this article is declared a public nuisance. The violation shall be corrected and the public nuisance shall be abated by the owner or operator of the premises, any persons having interest in the property, or, where present, co-box controllers. The decision and order of the hearing officer finding the owner or operator of the premises, any persons having interest in the property, or co-box controllers responsible for a blight violation under this article shall order the violator to correct the violation and abate the public nuisance.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Division 3: Requirements for Rental Property

Subdivision A: In General

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Section 8-15-84: Federal and other governmental agency inspections accepted

Pursuant to Section 126(3) of the Michigan Housing Law, MCL 125.526(3), the Buildings, Safety Engineering, and Environmental Department may accept inspections of one- or two-family dwelling, multiple dwellings and rooming houses conducted by the United States Department of Housing and Urban Development under the real estate assessment center inspection process, or by other governmental agencies, so long as that inspections certifies that the properties inspected comply with the standards and requirements of this article.

Amended by Ord. No. 40-18 (JCC. 11/7/18, Pass. 1/15/19, App. 1/22/19, Pub. 2/10/21, Eff. 2/6/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).

Division 4: Property Maintenance Requirements

Subdivision A: Requirements for Exteriors of Buildings, Premises, and Structures

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Section 8-15-105: Rodent control and harborage; storage and handling of items, certification of buildings where food or foodstuffs are stored or processed; alteration of buildings and rat proofing; prohibition on outdoor feeding of certain animals; exceptions.

(a) All buildings, premises, and structures and exterior property, including all vacant or unimproved property, shall be ratproofed and maintained in a ratproof condition and be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. The owner of such building premises, structure, or exterior property shall be responsible for complying with the provisions of this section.

(b) No building, premises, or structure shall be used for the storage or handling of solid waste, including debris, garbage, litter and rubbish, which provide a place for rodents to harbor.

(c) All barrels, bottles, building materials, boxes, cans, cartons, containers, fabricated goods, food, foodstuff, junk, lumber, machinery, raw materials and similar things that may afford harborage or food for rats shall be kept, stored or handled in a manner or method approved by the Public Health Director.

(d) Whenever there is a rat infestation in any building, open area or other premises, the occupants thereof and, in
the case of a multiple dwelling, the owner thereof, shall immediately institute rat control and shall continuously maintain such measures until any such building,
open area or other premises are declared by the Public Health Director to be free of rat infestation.

(e) No building, or part thereof, shall be used as a place where food or foodstuff is stored, processed, prepared, manufactured, sold or offered for sale unless such building, or part thereof, is free from vermin and rodents. No license shall be issued for the storing, processing, preparing, manufacturing, selling or offering for sale of any food, foodstuff or food products until the applicant therefor secures approval or a certification from the Public Health Director that the place where such operation is to be conducted is of ratproof construction or has been rendered ratproof.

(f) Owners, occupants, contractors, employees or agents of public utilities or any other persons, who make alterations, additions, extensions, enlargements or repairs or in the installation of wires, conduits, pipes or other installations or for any other purpose, shall not remove or fail to restore in like condition the ratproofing from any building or to make new openings therein that are not ratproofed.

(g) A person shall not feed wild birds other than from bird feeders which can only be accessed by birds, and be elevated at least 48 inches above ground level.

(h) A person shall not intentionally feed, make available, nor assist another person to make food available outdoors on public or private property for any cats or dogs for which they are not the owner. This prohibition excludes the short-term feeding of an owned animal on private property by the owner or wherein permission was given to another person by the owner of said property. Short term feeding is seven calendar days total within a 30-day period. Upon notifying the City’s Animal Care and Control Division of the presence of a cat or dog for which they are not the owner, a person may engage in the temporary feeding, being less than seven calendar days total within a 30-day period, to facilitate the humane capture and removal of such animal by the City.

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-23 (JCC 6/8/2021, Passed 7/13/2021, Approved 7/19/2021, Published 8/10/2021, Effective 8/10/2021).

Sections 8-15-222 to 8-15-300: Reserved

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-31 (JCC. 3/3/20, Pass. 7/21/20, App. 7/27/20, Pub. 3/26/21, Eff. 12/9/20).

Division 5. Requirements for a Collection Box

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Subdivision A: In General

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Section 8-15-521: Construction and maintenance requirements

It shall be unlawful to operate and maintain, or cause to be operated and maintained, a collection box located in the City of Detroit, except as follows:

(1) Collection boxes shall be metal or other appropriate material as approved by the Director of the Buildings, Safety Engineering, and Environmental Department;

(2) Collection boxes shall not exceed seven feet in height, six feet in width, and six feet in depth;

(3) Collection boxes shall be placed on a level, paved, asphalt or concrete; dust-free surface;

(4) Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents;

(5) The front of each collection box shall provide, at minimum, in four-inch type, the following information;

a. Permit number;

b. The name, address, email, website and phone number of the co-box controller;

c. All the recipients of the proceeds;

d. If a charitable organization receives some but not all of the personal property placed in the collection box or the proceeds of that personal property, the recipients’ name, address, telephone number and percentage of the proceeds;

e. Information provided by the Buildings, Safety Engineering, and Environmental Department regarding how to file a complaint with the City; and

(6) The collection box shall not have information, advertising or logos other than those relating to the co-box controller, for profit or non-profit organization, and recipients of the proceeds;

(7) Collection boxes shall be serviced, as defined by Section 8-15-4 of this Code, at least every 21 days, and emptied, at least once every seven days. Notwithstanding this service and empty requirement, the collection boxes shall also be serviced and emptied as needed such that no overflow of solid waste, clothes or other donated items will remain outside of the collection box for more than 24 hours and the collection box remains free of infestation. The schedule of service and removal of the items shall be posted on the collection box such that it is visible to the public; and

(8) No collection box shall be placed on public property, and any collection box placed on public property will be removed in accordance with Sections 43-8-7 through 43-8-8 of this Code.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Subdivision B: Certificate of Collection Box Maintenance

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Section 8-15-531: Required; violation; registry; remedy

(a) It shall be unlawful for any person to deposit, store, keep or maintain or permit to be deposited, stored, kept or maintained a collection box on any premises without first obtaining a Certificate of Collection Box Maintenance issued by the Buildings, Safety Engineering, and Environmental Department. A Certificate of Collection Box Maintenance is required for each collection box, except when the collection box is enclosed within a building.

(b) All co-box controllers with collection boxes placed within the City on the effective date of this ordinance shall apply for a Certificate of Collection Box Maintenance as required herein within 30 days of the effective date of this ordinance. Any collection box not in compliance with  Subsection (1) of this section after 60 days of the effective date of this ordinance shall be considered in violation of this article.

(c) Any co-box controller in violation of Subsection (a) of this section 60 days after the effective date of this ordinance shall be ineligible to apply for any additional Certificate of Collection Box Maintenance for one year, and shall remove any collection box that is not in compliance with Subsection (a) of this section within 30 days.

(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of all collection boxes for which a Certificate of Maintenance has been issued, and shall make the registry available on the City’s website. The Buildings, Safety Engineering, and Environmental Department may combine this registry with the registry required by Section 8-15-532(d) of the City Code.

(e) In addition to other remedies and penalties provided by this article, the City may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the general statutes or common law.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-532: Application for Certificate of Collection Box Maintenance; information required; exception

(a) An application for a Certificate of Collection Box Maintenance under this subdivision shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application for Certificate of Collection Box Maintenance shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is required on the form, including:

(1) Where the applicant is an individual:

a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;

b. The applicant’s current mailing address, telephone number, and e-mail address; and

c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicants date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(2) Where the applicant is a partnership:

a. The legal name and any other name used by the partners during the preceding five years;

b. The current mailing address and e-mail address for the business; and

c. The phone number of the person responsible for handling collection box matters;

(3) Where the applicant conducts business under a trade or assumed name:

a. The complete and full trade or assumed name;

b. The county where and date that the trade or assumed \ name was filed;

c. The name of the person doing business under such trade or assumed name; the manager, and other persons in charge;

d. The current mailing address and e-mail address for the business; and

f. The phone number of the person responsible for handling collection box matters;

(4) Where the applicant is a limited liability corporation (LLC):

a. The full and accurate LLC name;

b. The state and date of organization;

c. The full names and addresses of officers, directors, managers, members and other persons with authority to bind the LLC;

d. The current mailing address and e-mail address for the LLC; and

f. The phone number of the person responsible for handling collection box matters.

(5) Where the applicant is a corporation:

a. The full and accurate corporate name;

b. The state and date of incorporation;

c. The full names and addresses of officers, directors, managers, and other
persons with authority to bind the corporation;

d. The current mailing address and e-mail address for the business; and

f. The phone number of the person responsible for handling collection box matters;

(6) Where the applicant is a charitable organization:

a. The full and accurate name of the organization;

b. The current mailing address and email of its headquarters;

c. Proof of the 501(c)(3) status of the charitable organization or a valid registration under the Charitable Organization and Solicitation Act; and

f. The phone number of the person responsible for handling collection box matters;

(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process;

(8) The address of the premises where the collection box would be located, and a copy of the location permit approved in accordance with Section 8-15-533 of this Code;

(9) Proof of current ownership or lease of the premises, as may be provided in the form of a deed, land contract, leasing agreement, or other valid and duly recorded instrument;

(10) If different from the applicant, the name and contact information of the owner or legal entity in control or lawful possession of the premises, a notarized affidavit signed by the owner, or authorized agent granting permission for the placement of the proposed collection box in a permitted location, in accordance with Section 8-15-533 of this Code. For purposes of this section, the affidavit may be executed by an individual who is an officer, director, member or manager for the property owner or lease holder, all of which will be considered as an authorized agent;

(11) A notarized collection box removal agreement;

(12) A deposit, in an amount set by resolution of City Council as provided in Section 8-15-534 of this Code, to be held in escrow presented to the Buildings, Safety Engineering, and Environmental Department, for the removal of collection boxes; and

(13) Maintenance plan, in accordance with Section 8-15-521 of this Code.

(c) Any information provided by the applicant, in accordance with Subsection (b) of this section, shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering,  and Environmental Department within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.

(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of co-box controllers and collection boxes governed by this section. The Department may combine this registry with the registry required by Subsection 8-15-531(d) of this Code.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-533: Location permit; required; placement

(a) A Location Permit, approved by the Buildings, Safety Engineering, and Environmental Department, shall be required to authorize the placement of any collection box in the City.

(b) An application for a location permit required under Subsection (a) of this section shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The permit application shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is on the form, including:

(1) A scaled drawing that demonstrates the location of the collection box complies with the requirements of this Code, is not located within the “clear vision triangle,” as defined in Section 8-15-4 of this Code, and illustrates the proposed location of the collection box on the premises, including:

a. North arrow, legend, if applicable, with graphic and written scale;

b. Location map, showing the location of the premises;

c. Locations and names of all public rights-of-way, private roads, and railroads, as well as all existing pedestrian pathways and driveways, whether adjacent or interior to the premises;

d. Location and outer perimeter dimensions of all existing buildings and other structures on the premises;

e. The dimensions of the proposed collection box; and

(c) A collection box is not permitted at the following locations:

(1) Any location other than the designated and approved site provided on the application;

(2) Land zoned or used for residential purposes;

(3) Public property;

(4) Unimproved, vacant, or abandoned property or property that has not been used for its principal use for more than 30 days;

(5) Within 1,000 feet of another collection box. Notwithstanding this separation requirement, up to two collection boxes on a single lot of record are permitted if the two collection boxes are side by side and are no more than one foot apart;

(6) Within the clear vision triangle, as defined by Section 8-15-4 of this Code; and

(7) Any location where the collection box would be a safety hazard or visual obstruction to vehicular traffic or pedestrian traffic.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-534: Establishment, approval, publication, and payment of fee; and deposit

(a) A non-refundable fee shall be charged and collected in accordance with Section 6-503(13) of the Charter for the processing and issuance of a Certificate of Collection Box Maintenance, a Location Permit, and a deposit required under this division. Based upon the cost of issuance and administration of the regulations, the Director of the Buildings, Safety Engineering, and Environmental Department shall establish such fees, which are subject to approval by the City Council through adoption of a resolution.

(b) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in Subsection (a) of this section shall be:

(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;

(2) Made available at the Buildings, Safety Engineering, and Environmental Department and at the Office of the City Clerk; and

(3) Reviewed by the Director of the Buildings, Safety Engineering, and Environmental Department at least once every two years.

(c) A fee shall be charged for each new application, any application for renewal, or any application for Certificate of Collection Box Maintenance at another location.

(d) A fee shall be charged for each new application, any application for renewal, or any application for a location permit at another location.

(e) A deposit shall be required to be submitted with each application for Certificate of Collection Box Maintenance and shall be held in escrow for the duration of the application process and, where issued, the Certificate of Collection Box Maintenance. The deposit shall cover costs incurred by the City to remove collection boxes when the cobox controller either fails or neglects to remove the collection box as directed by the Building Official and this Division. Where the expense of removal or repair exceeds the amount of deposit, the excess amount shall be collected from the person who, or entity which, the Certificate of Collection Box Maintenance was issued.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-536: Investigation by Office of Chief Financial Officer required to confirm no City tax or assessment arrearage

(a) Upon application and before any Certificate of Collection Box Maintenance that is required by this subdivision shall be issued or renewed, it shall be the duty of the Buildings, Safety Engineering, and Environmental Department to refer such application to the Office of Chief Financial Officer, which shall cause an investigation to be completed in accordance with Section 2-113 of the Charter to determine whether any property tax, income tax, personal tax or special assessments are unpaid, outstanding or delinquent to the City.

(b) A Certificate of Collection Box Maintenance shall not be issued or renewed by the Buildings, Safety Engineering, and Environmental Department until the Chief Financial Officer has given written confirmation that the applicant is not in arrears to the City for taxes or assessments that are delineated in Subdivision (a) of this section.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-537: Buildings, Safety Engineering, and Environmental Department to take action upon application

Upon compliance with Sections 8-15-531 through 8-15-536, the Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Collection Box Maintenance in accordance with this subdivision.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-538: Non-transferable

(a) No Certificate of Collection Box Maintenance issued under the provisions of this subdivision may be transferred, assigned, or conveyed to another person or legal entity.

(b) Where a collection box is sold or otherwise transferred to a new owner, the Certificate of Collection Box Maintenance issued to the previous owner shall expire on the date of the sale or transfer and, within 30 days after the sale or transfer of the collection box, the new owner shall apply for a Certificate of Collection Box Maintenance in the manner prescribed in this Section 8-15-532 of this Code. Submission of a Certificate of Collection Box Maintenance application and payment of the fee and deposit shall allow for the continued operation of the collection box for the location until such time that the permit renewal application is denied.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-539: Renewal of Certificate of Collection Box Maintenance

(a) A Certificate of Collection Box Maintenance shall be renewed two years from issuance, and every two years thereafter. Prior to the expiration of the current certificate, the co-box controller shall submit an application for renewal and pay a fee for the renewal of the certificate. Submission of an application for renewal and payment of the fee before the expiration date of the certificate shall allow for the continued operation of the collection box for the location until such time that the renewal application is denied, or the permit is revoked.

(b) Prior to the expiration of the Certificate of Collection Box Maintenance, the certificate holder may voluntarily cancel such certificate by notifying the director in writing of the intent to cancel. The Certificate of Collection Box Maintenance shall become void upon the Director’s receipt of a written notice of intent to cancel.

(c) If the Certificate of Collection Box Maintenance is not renewed, the collection box(es) must be removed from the premises within 30 days of expiration.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-540: Denial of Certificate of Collection Box Maintenance; revocation

(a) The Building Official may deny or revoke a Certificate of Collection Box Maintenance for a collection box where:

(1) The co-box controller is in violation of any provision of this Code;

(2) The co-box controller has a blight violation determination, as defined in Section 8-15-3 of this Code, and is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau established under Section 3-2-51 of this Code.

(3) The premises owner or leaseholder does not have a certificate of compliance;

(4) The co-box controller is delinquent in paying the City for any cost incurred by the City or the City’s contractor for removal of the co-box controller’s collection box pursuant to the removal agreement established pursuant to Section 8-15-532 of this Code;

(5) There is failure to fulfil the requirements set forth under the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act; or

(6) The co-box controller has had a Certificate of Collection Box Maintenance revoked under this division within the last year.

(b) The denial or revocation of a Certificate of Collection Box Maintenance shall be by written notice to the co-box controller and owner of the building, premises or structure, or his or her legal representative, and contain the specific reason(s) for the denial. In addition, a Certificate of Collection Box Maintenance may be denied or revoked by the Building Official where a co-box controller fails to respond within 60 days after written notice of a required inspection under Subsection 8-15-34(d) of this Code.

(c) A co-box controller aggrieved by denial or revocation of a Certificate of Collection Box Maintenance shall be entitled to a hearing before a hearing officer designed by the Director of the Department of Appeals and Hearings. A request for a hearing on the denial or revocation of a Certificate of Collection Box Maintenance shall be in writing addressed to the Director of the Buildings, Safety Engineering, and Environmental Department and must be made within seven days after the date of the notice of denial of the Certificate. A hearing pursuant to a timely request shall be scheduled at the earliest possible date, but not sooner than seven or later than 30 days after the receipt of the request for a hearing. The Buildings, Safety Engineering, and Environmental Department shall notify the co-box controller and the appropriate City departments of the hearing at least seven days prior to the hearing. The hearing may be adjourned only by agreement of the parties or, upon cause shown, by order of the Director of the Buildings, Safety Engineering, and Environmental Department or the hearing officer.

(d) At the hearing, the Buildings, Safety Engineering, and Environmental Department shall present relevant evidence to show the co-box controller’s failure to comply with the requirements of this article. The co-box controller shall be given an opportunity at the hearing to present relevant evidence in support of the continuation or issuance of the Certificate of Collection Box Maintenance. A decision based upon preponderance of the evidence shall be issued in writing to the Buildings, Safety Engineering, and Environmental Department and to the co-box controller within ten days after the hearing.

(e) Where the co-box controller does not request a hearing within the seven day period after receiving notice of denial or revocation of the Certificate of Collection Box Maintenance, the denial or revocation shall be deemed final seven days after the date of notice of denial or revocation of the Certificate of Collection Box Maintenance. Where the co-box controller requests a hearing but does not appear, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the hearing was scheduled. Where a hearing is conducted but the decision sustains the denial of the Certificate of Collection Box Maintenance, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the decision was issued.

(f) The hearing shall be conducted in accordance with the procedural administrative rules that are promulgated in accordance with Section 2-111 of the Charter.

(g) Upon final denial or revocation of a Certificate of Collection Box Maintenance, as provided for in Subsection (d) of this section, the Buildings, Safety Engineering, and Environmental Department shall deliver, to the co-box controller and the owner, authorized agent, or legal entity in control or lawful possession of the premises, a written notice that the co box controller’s Certificate of Collection Box Maintenance has been denied. Notice may be delivered via U.S. Mail, via electronic mail, via text message, or in person.

 

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Section 8-15-541: Promulgation of administrative rules concerning Certificate of Collection Box Maintenance

The Director of the Buildings, Safety Engineering, and Environmental Department is authorized, in accordance with Section 2-111 of the charter, to promulgate administrative rules for the denial and revocation of a Certificate of Collection Box Maintenance.

Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).

Chapter 12: Community Development

Article 2: Community Advisory Councils

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Division 1: In General; Creation and Dissolution of Community Advisory Councils

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Section 12-2-8: Community Advisory Councils established or dissolved

(a) District 1. The Community Advisory Council for District 1 has not yet been established in accordance with Section 9-102 of the Charter.

(b) District 2. The Community Advisory Council for District 2 has not yet been established in accordance with Section 9-102 of the Charter.

(c) District 3. The Community Advisory Council for District 3 has not yet been established in accordance with Section 9-102 of the Charter.

(d) District 4. The Community Advisory Council for District 4:

(1) In accordance with Section 12-2-3 of this Code:

a. After canvassing petitions that were filed by qualified registered voters of the district, the Department of Elections found that at least ten percent of the qualified registered voters of the district who voted in the November 7, 2017, Regular City Election in the district signed the petitions; and

b. After receiving the report from the Department of Elections, the City Council found, through adoption of a resolution on February 3, 2020, that at least ten percent of the qualified registered voters of the district who voted in the November 7, 2017 Regular City Election in the district have signed the petitions.

(2) Because the requirements of Section 12-2-3(a) of this Code have been met, the Community Advisory Council for District 4 is established.

(e) District 5. The Community Advisory Council for District 5:

(1) In accordance with Section 12-2-3 of this Code:

a. After canvassing petitions that were filed by qualified registered voters of the district, the Department of Elections found that at least ten percent of the qualified registered voters of the district who voted in the November 7, 2017, Regular City Election in the district signed the petitions; and

b. After receiving the report from the Department of Elections, the City Council found, through adoption of a resolution on September 28, 2021, that at least ten percent of the qualified registered voters of the district who voted in the November 7, 2017 Regular City Election in the district have signed the petitions.

(2) Because the requirements of Section 12-2-3(a) of this Code have been met, the Community Advisory Council for District 5 is established.

(f) District 6. The Community Advisory Council for District 6 has not yet been established in accordance with Section 9-102 of the Charter.

(g) District 7. The Community Advisory Council for District 7:

(1) In accordance with Section 12-2-3 of this Code:

a. After canvassing petitions that were filed by qualified registered voters of the district, the Department of Elections found that at least ten percent of the qualified registered voters of the district who voted in the November 5, 2013 Regular City Election in the district signed the petitions; and

b. After receiving the report from the Department of Elections the City Council found, through adoption of a resolution on September 16, 2014, that at least ten percent of the qualified registered voters of the district who voted in the November 5, 2013 Regular City Election in the district have signed the petitions.

(2) Because the requirements of Section 12-2-3 of this Code have been met, the Community Advisory Council for District 7 is established.

 

Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-9 (JCC 2/18/2020, Passed 5/26/2020, Approved 5/27/2020, Published 2/10/2021, Effective 6/2/2020); Amended by Ord. No. 2021-36 (JCC 10/12/2021, Passed 10/26/2021, Approved 10/27/2021, Published 11/5/2021, Effective 11/5/2021).

Article 10: Community Outreach

Division 1: Generally

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