By By JOHN EBY / Dowagiac Daily News
CASSOPOLIS – Cass County Board of Commissioners Chairman Robert Wagel has appointed Vice Chairman Ronald Francis, R-Cassopolis, to lead an ad hoc committee to review a proposed three-page right-of-way ordinance sought by the Road Commission.
Wagel, R-Wayne Township, named Commissioners Charlie Arnold, R-Cassopolis, Gordon Bickel, R-Porter Township, Cathy Goodenough, R-Marcellus, and Debbie Johnson, D-Niles, to the panel.
The Road Commission prepared a countywide ordinance that would govern all paved and unpaved portions of public roads and alleys under its jurisdiction.
Road Commissioners Roger Bowser, Cliff Poehlman and Chairman Robert Powers adopted their resolution Jan. 19.
Section 5 states: "Any natural person or any entity that wishes to perform or to engage in construction, operation, use and/or maintenance of a structure or a facility, and any other activities within the Cass County rights of way that require a permit from the Cass County Road Commission before they are commenced, shall obtain and properly complete a Cass County Road Commission permit application and pay the established permit fees. No work shall be started in the Cass County rights of way until the applicant has been issued an approved permit by the Cass County Road Commission. The issuance of a permit shall not relieve the permit holder from meeting any applicable requirements of state law, local ordinances and state and federal regulations."
The Road Commission has adopted and published rules and regulations governing the issuance of permits for structures, facilities and work within Cass County rights of way, which this ordinance seeks to implement.
They are available to the public during normal business hours.
Violation of the ordinance shall constitute a civil infraction punishable by a $500 fine, plus costs, with each day or occurrence a separate offense.
Additionally, any individual or entity authorized to enforce this ordinance (the Road Commission weighmaster and all other "licensed and duly certified law enforcement peace officers" in Michigan) "may remove or provide for the removal of vehicles, equipment, structures, facilities or other objects which have been placed within a right of way under the jurisdiction of the Cass County Road Commission without a permit from the Cass County Road Commission."
Further, "The costs related to removal, as well as any storage expenses, shall be borne by the party responsible…"
The Cass County prosecutor will have the authority to prosecute violators in Fourth District Court.
Once the ordinance has been reviewed and adopted by the Board of Commissioners, it would be effective after publication.