Township officials say a bus owned by the Health First Medical Group is in violation of their sign ordinance.
A doctor at the center, who pays for operation of the bus – a free shuttle for patients unable to drive, said the issue has gotten out of hand.
Now, it appears, the courts will have to decide the matter.
Dr. Kevin Robertson, whose Health First Medical Center is located within the Bald Mountain Regional Complex at 1251 S. Lapeer Rd., was shocked when he started receiving citations this summer.
‘We thought we could provide a certain level of independence to people that previously relied on friends or family to get here,? he said of the bus service, which began in the summer of 2004.
Township Supervisor Jerry Dywasuk said the bus is in violation of the sign ordinance that was updated earlier this calendar year.
‘There is an ordinance in place and we have to enforce it,? Dywasuk said. ‘We can’t be selective about it.?
Robertson said the first citation came in August, a number of months after the ordinance came into place. He added that he’s been through the ordinance many times and can’t see where he fails to comply.
Sign enforcement officer Patrick Damman pointed to Section 5, parts L and M, and said the vehicle is being parked as a sign, which is the main problem.
‘Temporary signs mounted upon trucks, vans, trailers, or other wheeled devices our prohibited,? Damman read from the ordinance.
The provision does not apply to certain noncommercial signs, but the township said Robertson’s office doesn’t qualify as one.
‘We’re not picking on him,? Damman said, noting other businesses have been cited for the same issue throughout the township.
‘He’s allowed to have it,? he said of Robertson’s bus. ‘He’s just not allowed to use it in an advertising format.?
Robertson said those provisions in the ordinance do not apply in this case because the service being provided is a free one, not one being advertised to gain a profit.
‘We park it close to the road so that people know about the service,? he said.
‘I incur all of the costs,? Robertson added, noting driver fees and gas among them.
‘This is a service I provide for free,? he stressed.
The bus is parked in the largely vacant lot to the north of the center, where the Dunham’s store is located. Robertson said he has asked permission from the business owners at that location in the past and parking there has never been a problem.
Robertson said the bus goes out many times a week, mainly to pick up senior citizens and bring them to the facility.
‘Any service they need in the building, we’ll drop them off and pick them up,? he said.
Damman said Robertson has been issued six tickets, with the first violation being a $75 fine, the second $95, and each ensuing citation $500.
Robertson said the citations have been coming in regularly since August and he has no plans on paying, but will let the matter be resolved in the court of public opinion and the courts themselves.
He added that many seniors benefitting from the shuttle service are ready to write letters to township officials if the matter persists.
‘If they want to take me to court, they can take me to court,? he said.
The township, on behalf of their attorney firm, Seacrest Wardle, filed papers asking for a formal hearing on the matter.
Robertson said he received the papers shortly after a discussion he had with the Supervisor on the matter.
‘I’m not looking to create an issue with the township,? Robertson added, noting that he has had a great working relationship with the township in the past.
‘It’s strictly for the benefit of the community.?