The Climax Village Council faced a light agenda at its regular meeting February 17, but one topic brought some discussion that was clarified by both the Village Council president and two
Kalamazoo County Sheriff’s Department officials.
Village Council President Bill Lewis said a recent increase in temperatures has brought an uptick in noise ordinance concerns.
Lewis said the Village does not have the authority to enforce a noise ordinance violation. He suggested village residents contact the Kalamazoo County Sheriff’s Department with noise ordinance complaints. The Village’s noise ordinance for a quiet period of time is from 10 p.m. to 7 a.m.
Kalamazoo County Undersheriff Michelle Greenlee and Chief Deputy Logan Bishop said the County Sheriff’s Department can enforce local ordinances within municipalities that do not maintain their own police department, including those in the Village of Climax.
While the Village does not have a current formal agreement with the Sheriff’s Department, Greenlee and Bishop said the County Sheriff’s Department will always respond to calls for service, even if they are ordinance violations, however those calls will be prioritized.
Bishop said noise violations or fireworks-related issues are considered a very low priority relative to calls involving public safety, crimes in progress, or emergency situations. He said if a deputy is available, they will respond to take the complaint. “In most cases, enforcement requires that the deputy be able to identify the responsible party and directly observe the violation in order to proceed,” explained Bishop.
The chief deputy adds the typical approach is progressive.
A first offense is generally handled with education and a warning to gain voluntary compliance.
Bishop adds continued violations may result in the issuance of a citation under the Village ordinance.
“Because these are local ordinance matters and not state-law violations, they are not reviewed or prosecuted by the Kalamazoo County Prosecutor’s Office. Instead, the Village’s attorney would be responsible for handling the case in court. Any legal action associated with these violations would therefore fall under the Village’s responsibility, including the billable time of their legal counsel,” continued Bishop.
Greenlee offered different types of scenarios or agreements a municipality could have with the County Sheriff’s Department.
Jurisdiction:
A sheriff is typically a county-level law enforcement officer. In areas without a municipal police department (like a village), the sheriff’s office often has primary law enforcement responsibility.
This includes enforcing both state laws and local ordinances that the county has authority to enforce, or that the village has authorized the sheriff to enforce.
Local Ordinances:
Noise ordinances are generally local laws enacted by a city, village, or town. If the village does not have a police department, it can enter into an agreement with the county sheriff to enforce its ordinances. She said this is common in small municipalities.
Formal Agreements:
Some villages without police departments have formal “contract law enforcement” agreements with the county sheriff.
The agreement usually specifies which ordinances the sheriff will enforce and under what circumstances.
Practical Enforcement:
In practice, a sheriff’s deputy can issue citations, warnings, or take enforcement action for noise violations if:
• The village has a valid ordinance, and
• The sheriff’s office has jurisdiction and authority per state law or a contract with the village.
Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig said ARPA funding for a contract the Village had with the Kalamazoo County Sheriff’s Department for patrolling a specified number of hours in the village ended March 1. The Village currently does not have a contract with the Sheriff’s Department for any of the circumstances Greenlee identified.
In other items covered at the February 17 meeting:
• The Council unanimously approved a 5-year Critical power preventative maintenance agreement for the new generator installed at one of the pump houses. The five-year agreement will cost $2,280 ($456 a year).
The company will perform maintenance on the new generator once a year. The expense will be included in the 2026-2027 fiscal year budget. If parts are needed for repairs while the village is under the maintenance contract, they can be purchased at discount rates.
• The curbside trash pickup in the Village for Best Way customers will be April 18 and October 10.
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