Nuisance Code
Sec. 9.108a. - Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way.
(1) Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this Section.
(a) City Employee means any full or part-time employee of the City of Grand Rapids or a contractor retained by the City for the purpose of implementing this Section.
(b) Essential Personal Property means any and all personal property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack.
(c) Excess Personal Property means any and all personal property that cumulatively exceeds the amount of property that could fit in a 32-gallon container with the lid closed.
(d) Personal Property means any tangible property, and includes, but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication.
(e) Public Area or Public Areas means all property that is owned, managed or maintained by the City, including property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be limited to, any street, sidewalk, medial strip, space, ground, park, building or structure.
(f) Store, Stored, Storing or Storage means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily basis shall be considered storing. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the City or State, is stored with the permission of the City on real property that is owned or controlled by the City.
(g) Unattended means no person is present with the personal property to assert or claim ownership of the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
(2) Regulation and Impoundment of Stored Personal Property; Discard of Certain Stored Personal Property.
(a) No person shall store any unattended personal property or attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any unattended personal property in a public area, regardless of volume. Post-removal notice shall be provided as set forth in Subsection 3(b).
(b) No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any attended excess personal property stored in a public area. Post-removal notice shall be provided as set forth in Subsection 3(b).
(c) No person shall store any personal property in a public area in such a manner as to obstruct, disrupt, or interfere with City operations of any nature, including but not limited to maintenance or cleaning. Without prior notice, the City may temporarily move personal property, whether attended or unattended, which is obstructing City operations in a public area during the time necessary to conduct the City operations. The City also may impound personal property that is obstructing City operations in a public area, pursuant to Subsection 3(a) or 3(b).
(d) No person shall store any personal property in a public area in such a manner that it does not allow for passage as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in Subsection 3(b).
(e) No person shall store any personal property, whether attended or unattended:
(i) Within ten (10) feet of any operational or utilizable driveway or loading dock;
(ii) Within five (5) feet of any operational or utilizable building entrance or exit;
(iii) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or
(iv) In a manner which intentionally blocks or interferes with others' ability to safely use a public bench or other physical public sitting structure.
(v) Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b).
(f) No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an immediate threat to the public health or safety. Without prior notice, the City may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public.
(i) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal.
(g) No person shall store any personal property, whether attended or unattended, in such a manner that obstructs or interferes with any activity in a public area for which the City has issued a permit. Without prior notice, the City may move and may immediately impound any personal property stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b).
(h) No person shall store any personal property, whether attended or unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b).
(3) Notice.
(a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following:
(i) A general description of the personal property to be removed.
(ii) The location from which the personal property will be removed.
(iii) The date and time the notice was posted.
(iv) A statement that the personal property has been stored in violation of Subsection 2.
(v) A statement that the personal property may be impounded if not removed from public areas.
(vi) A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area.
(vii) The address where the removed public property will be located, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s).
(viii) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment.
(b) Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:
(i) A general description of the personal property removed.
(ii) The date and approximate time the personal property was removed.
(iii) A statement that the personal property was stored in a public area in violation of Subsection 2.
(iv) The address where the removed personal property will be located, including a telephone number and internet website of the City through which a person may receive information as to impounded personal property.
(v) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment.
(4) Storage and Disposal.
(a) Except as specified herein, the City shall move personal property to a place of storage.
(b) Except as specified herein, the City shall move and store impounded personal property for 30 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than thirty (30) days.
(c) The City shall maintain a record of the date any impounded personal property was discarded.
(d) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal.
(5) Repossession. The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. An owner of personal property shall not be charged a fee if repossession occurs within thirty (30) days of removal.
(6) Ban on Tents and other Attachments in Certain Public Areas and Regulation of Hours in other Public Areas.
(a) Unless a permit is obtained, no person shall erect, configure, construct, maintain, use, occupy, or allow to remain erected any tent in any public area. Without prior notice, the City may deconstruct any tent, whether attended or unattended, in violation of this subsection. With pre-removal notice as specified in Subsection 3(a) or posted signage, the City may impound any tent in violation of this subsection.
(b) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including but not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mailbox, pole, bench, news rack, sign, tree, bush, shrub or plant, without prior written consent of the City.
(c) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel.
(d) Without prior notice, the City may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any Street or area where the public may travel.
(Ord. No. 2023-29, § 2, 7-25-23)
Disorderly Conduct Code: Modified Definition of Loitering (new language shown
(a) Loitering means lingering or hanging around without any apparent purpose in a place described in subsection (2)(c) & (2)(d) of this Section.
(c) Loiter in any public building or in any other building or premises owned by another person after having been requested to leave by the lawful owner or occupant or a representative of the owner or occupant.
(d) Loiter or obstruct a doorway in such a manner that interferes with the functioning of the door, or an individual’s ability to pass through the doorway.
