ADOPTION CHARTER TOWNSHIP OF HARRISON MACOMB, MICHIGAN ORDINANCE NO. 393

Transcription

1 ADOPTION CHARTER TOWNSHIP OF HARRISON MACOMB, MICHIGAN ORDINANCE NO. 393 AN ORDINANCE TO AMEND CHAPTER 66, ARTICLE II, OF THE CHARTER TOWNSHIP OF HARRISON CODE OF ORDINANCES. IT IS HEREBY ORDAINED BY THE CHARTER TOWNSHIP OF HARRISON Section 1. Chapter 1, Section 1-7(c) of the Charter Township of Harrison Code of Ordinances shall be amended to read as follows: (c) A person convicted of a violation of any of the following provisions of this Code shall be a misdemeanor punishable by a fine not to exceed $500.00, and costs of prosecution or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment; provided, however, that such a violation is punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days: Section 6-1 (furnishing alcohol to underage persons). Section 6-3 (possession of alcohol by underage persons- only if a second or more offense). Chapter 6, article II (liquor license approval recommendations, etc.). Chapter 14, article II (dogs). Chapter 14, article III (dangerous animals). Section 38-2, (obstructing fire hydrants or building sprinkler connections). Chapter 38, article II (fire alarm systems). Chapter 62, except those provisions which are specifically declared in such chapter to be municipal civil infractions or civil infractions. Chapter 66, article II Lake St. Clair Metropark Chapter 86 (traffic and vehicles) if declared therein to be a misdemeanor. Section (marine safety). Section 2. Chapter 66, Article II, Heading of the Charter Township of Harrison Code of

2 ARTICLE II. LAKE ST.CLAIR METROPARK Section 3. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Closing of park. No person shall use the facilities of Lake St. Clair Metropark between the posted "park closed" hours except by written permission of the authority. No person shall use or occupy any area or facility in Lake St. Clair Metropark when such area or facility is closed to the use of the public by order of the authority. Section 4. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Denial of facility use. Any person utilizing or taking advantage of any facility, service, privilege or license offered by the authority or its licensees within the boundaries of Lake St. Clair Metropark, who violates any posted or printed rule or regulation relating to the use of that facility, service, privilege or license or who is in violation of section 66-37, may be denied use of the particular facility, service, privilege or license involved by the authority and its designated representative. Any person denied use of a particular facility due to a violation as set forth above, shall be requested to vacate the Lake St. Clair Metropark and be prohibited from re-entry for a minimum time period of twenty four (24) hours. Section 5. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec False identification. Within the boundaries of Lake St. Clair Metropark, no person shall provide or furnish false identification concerning himself to any police officer, public safety attendant, Metropark police officer, township officer or sheriff deputy engaged in the performance of his official duties. Section 6. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Receipt of service, privilege or license without payment of fee. (a) Where a fee or charge is requested for any service, privilege or license offered by the authority or its licensees within the boundaries of Lake St. Clair Metropark, no person shall obtain, or attempt to obtain such service, privilege or license without payment of such fee or charge. (b) Where a fee or charge is requested for any service, privilege or license offered by the authority or its licensees within the boundaries of Lake St. Clair Metropark, no person shall obtain, or attempt to obtain such service, privilege or license without payment of such fee or charge and compliance with all requirements of any permit pertaining to such service, privilege or license.

3 (c) No person shall, without specific permission, or without having first paid for the privilege, park any motorcycle, motor-driven cycle or motor vehicle within the boundaries of Lake St. Clair Metropark after the posted closing hours; failure to comply with all requirements of any permit pertaining to the parking privilege granted under this subsection shall constitute a violation of this section. Section 7. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Purchase and use of daily and annual permits. (a) A daily or annual permit is required for entry into Lake St. Clair Metropark for entry each and every day of the year and entry for each and every vehicle and trailered boat, watercraft or vessel with exceptions as designated by the Authority. (b) Any motor vehicle annual permit purchased or used at the Lake St. Clair Metropark shall be permanently affixed to the lower left corner of the windshield of the particular motor vehicle. (c) Annual permits shall not be laminated or otherwise covered. Annual permits shall not be attached to a motor vehicle, motorcycle, boat, watercraft or vessel by any other means than by removing the back portion of the permit and affixing the permit permanently as the permit is designed. (d) All motorcycle annual permits must be permanently affixed to the motorcycle. (e) All boat launch annual permits must be permanently affixed to the boat, watercraft or vessel trailer, with the exception of the combination permit which may be permanently affixed to a motor vehicle. (f) No permits may be transferred to another vehicle, motorcycle, boat, watercraft or vessel. Any person refusing to permanently affix a permit as required under this section may be denied entrance into Lake St. Clair Metropark. Section 8. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Large group events. No field day, carnival, concert, address, rally, dramatic presentation or the like at which more than 50 persons are in attendance or can reasonably be expected to be in attendance (hereafter called "large group events") shall be held or conducted on lands of the authority unless a permit for such event has first been granted by the authority. Permits for large group events may be granted on the following conditions: (1) Application must be made for a large group event permit at least two weeks in advance of the event. The application must specify the nature of the event, its time of duration, and the approximate number of persons expected to be in attendance.

4 (2) Permits for large group events may be granted as conditions of park usage and availability of park facilities warrant and will not be denied for reasons of race, national origin, sex, or political or religious preference of the applicant. (3) Every large group event permit shall designate the time and park area at which the planned event is to be held and shall state the approximate number of participants in the event, together with other conditions (if any) upon which the permit is granted. Conditions relating to the size of the expected group and the chances of unduly disturbing other park occupants will determine whether sound amplification equipment may be used in connection with the event and the maximum volume levels at which any such equipment may be operated. (4) Each applicant for a large group event permit agrees that the applicant and all persons involved in the presentation of the event shall observe the terms and conditions of the permit, when issued, and shall comply with requests of park officials concerning traffic arrangements, crowd control measures and the use of park facilities. Section 9. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Traffic controls within Lake St. Clair Metropark. (a) No person shall park a vehicle on Metropolitan Parkway at any time except when making necessary emergency repairs. The word "park" means standing or stopping a vehicle, whether occupied or not. (b) Every driver of a vehicle on Metropolitan Parkway shall obey all authorized signs indicating that no right turn, left turn or U-turn is permitted. (c) No person shall drive a vehicle on Metropolitan Parkway across the turf shoulder from any access road except at such entrances and exits as are established by the authority. (d) No person shall operate a motor vehicle at a speed in excess of 25 miles per hour. (e) No person shall operate a motor vehicle at a speed in excess of 15 miles per hour in any parking area. (f) Upon entering Lake St. Clair Metropark, all motor driven vehicles must be parked immediately in the area provided. It is unlawful to tour the park area without written permission from the authority. (g) No motor vehicle shall be operated on any ice surface at the park. (h) No person shall drive a vehicle in restricted areas marked with signage or blocked off by barricades. (i) Every driver of a vehicle is required to comply with a police officers, Metropark Police Officer or Sheriff Deputy directing traffic within Lake St. Clair Metropark. Section 10. Chapter 66, Article II, Section of the Charter Township of Harrison Code of

5 Sec Off-the-road vehicles. (a) No person shall operate or have in his possession within the boundaries of Lake St. Clair Metropark or any other authority park any off-the-road motor-driven vehicle, including, by way of example but not by way of limitation, any minibike, motorcycle, dunemobile, snowmobile, converted snowmobile, all-terrain vehicle, amphibious vehicle or similar motorized device. (b) No person shall, without specific permission in writing, operate or have in his or her possession or control within the boundaries of Lake St. Clair Metropark a moped, motor-driven cycle, or motor vehicle except on the surfaced area of a roadway (excluding any roadway posted for use of authorized vehicles only) or designated parking area. Section 11. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Preservation of property and natural resources. (a) No person shall injure, deface, disturb, befoul nor in any manner destroy or cause to be destroyed any portion of Lake St. Clair Metropark or any facility building, sign, structure, equipment, utility or other property found in the park. (b) No person shall dig for, remove, injure or destroy any tree, flower, shrub, plant or growing thing or any wildlife, except as otherwise provided by law, or any rock, mineral, artifact or other material within the boundaries of Lake St. Clair Metropark without written permission from the authority. Section 12. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Tents, canopies, structures. No person shall erect, use or maintain any tent, canopy, lean-to, another similar type of appliance of any structure larger than 10 feet by 10 feet in size without the permission of the Lake St. Clair Metropark Manager or an authorized designee. All tents, canopies, structures, or similar type of appliance of any size may not be staked into the ground without written permission, and only in areas designated by the Authority. Section 13. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Firearms, fireworks, weapons. Except as otherwise permitted by law, no person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, fireworks, explosive or other dangerous equipment or materials within the boundaries of Lake St. Clair Metropark; however, the prohibition of this section shall not apply to any law enforcement officer who has been duly appointed by the government of the United States, the state, or any county, municipality or other political subdivision of the state while engaged in the exercise of his duties as a law enforcement officer, or while in the possession or control of a weapon required to be carried as a condition of

6 such appointment as a law enforcement officer; further, this section shall not prohibit a person from otherwise legally transporting an unloaded shotgun in a case within the boundaries of Lake St. Clair Metropark for the purpose of using Lake St. Clair Metropark as access to or for departure from a permitted hunting area. Section 14. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Games. Within the boundaries of Lake St. Clair Metropark, no person shall use a skateboard, roller skates, frisbee, football, soccer ball, or other game equipment in any area where use of such equipment is prohibited by posted notices. Section 15. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Unlawful fires. (a) No person shall start or maintain a ground fire on authority property within the township except in public stoves, fireplaces or spaces provided for such purpose. Portable fire pits are permitted only within the Marina facility. (b) No person shall dump any burning material or hot ashes into any trash container on authority property within the township unless the container shall be marked as a receptacle for such materials. Section 16. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Possession of alcohol and other controlled substances; Disorderly Persons. (a) No person shall have in his or her possession within the boundaries of Lake St. Clair Metropark any alcoholic beverage stronger than beer or wine except that alcoholic beverage in addition to beer and wine may be permitted in accordance with M.C.L only in areas designated by the Authority. (b) No person shall have in his possession within the boundaries of Lake St. Clair Metropark any beer, wine or other alcoholic beverage during times when such possession is prohibited by posted notices. (c) No person shall consume any beer, wine or other alcoholic beverage within the boundaries of Lake St. Clair Metropark except in picnic areas or areas as designated by the authority. (d) No person shall, knowingly or intentionally, possess, sell, offer for sale, distribute, administer, dispense, prescribe, give away or use any controlled substances as prohibited in the Public Health Code (MCL et seq.).

7 (e) No person shall be intoxicated within Lake St. Clair Metropark and who is either endangering directly the safety of another person or property or acting in a manner that causes a public disturbance including but not limited to behaving in a manner that causes disturbances, contentions, assaultive acts where other patrons are unable to enjoy use of the park and its facilities. (f) No person shall disobey or resist the lawful command of a Sheriff deputy, Metropark Police Officer or ordinance enforcement officer or resist arrest. If after receiving a warning from the Sheriff Deputy, Metropark Police Officer or ordinance enforcement officer engaged in the performance of his or her official duties a person persists in disrupting, disturbing or otherwise acting in a disorderly manner, the Sheriff Deputy, Metropark Police Officer or ordinance enforcement officer shall order him or her to leave the Lake St. Clair Metropark. If such person does not remove him or herself, the Metropark Police Officer, ordinance enforcement officer or Sheriff Deputy may remove that person from the Lake St. Clair Metropark. Section 17. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Dogs, pets, horses and livestock. (a) No person shall bring into, have in possession or control, lead or allow the presence of any cat, bird, snake, horse, livestock, pet or other animal, including any exotic animal regulated pursuant to chapter 14, article III within the confines of Lake St. Clair Metropark. Dogs are allowed only in areas designated by the Authority. This section shall not apply to guide dogs, hearing dogs, service dogs, dogs off of boats in marinas which are going to or coming from the marina pet relief areas, or other dogs for which written approval has been received from the authority. (b) Persons with dogs shall be responsible for control of the animal(s). Dogs must be on a 6-foot leash; failure to comply with this regulation will result in a civil infraction. Section18. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Garbage, trash. No person shall deposit or abandon in the Black Creek or on any authority property or Lake St. Clair Metropark any garbage, sewage, bottles, refuse, trash, waste or other obnoxious materials except in receptacles provided for such purposes. Section 19. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Glass bottles. Glass bottles and containers are discouraged throughout the park. No person shall have in his possession or control any glass bottle or container in or on any pool area or beach area in Lake

8 St. Clair Metropark, or in any other locality in the park where possession of glass bottles and containers is prohibited by posted notices. Section 20. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Signs and handbills. (a) Handbills, newspapers or other circulars may be offered or distributed within the boundaries of Lake St. Clair Metropark only by passing them hand-to-hand, and such distribution will be allowed only in areas for such distribution that are designated by the authority. (b) No person shall post, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree or automobile within the boundaries of Lake St. Clair Metropark, except that temporary directional signs for group picnics or events may be placed on signposts designated for such purposes by the authority and must be removed at the conclusion of the event. Section 21. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Musical instruments, radios, record or tape players and sound amplifying devices No person shall operate or play any musical instrument, radio, mechanical record, disc or tape player, loudspeaker, public address system or sound amplifying equipment of any kind within the boundaries of Lake St. Clair Metropark in such a manner that is plainly audible as to cause the sound emanating to exceed a loudness of 75 decibels when measured on the 70 db scale at a distance of 15 feet from the sound source without a written permit issued by the authority and only in areas designated by the authority. Such a permit shall be issued upon a showing that there will be compliance with all laws and ordinances and that the proposed activity will not unduly disturb the peace. For purposes of this section, the phrase PLAINLY AUDIBLE means any sound that can be detected by a person using his or her unaided hearing faculties. The enforcing officer need not determine the title of a specific sound, specific words, or the performing artist, and the detection of the rhythmic bass component of music is sufficient to constitute a plainly audible sound. Section 22. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Indecent exposure. Within the boundaries of Lake St. Clair Metropark, no person shall intentionally expose the male or female buttocks, genital areas or female breasts, either openly or by wearing beach attire calculated to expose such areas. Section 23. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Observing areas used for the opposite sex.

9 Within the boundaries of Lake St. Clair Metropark, no person shall observe or attempt to observe persons of the opposite sex while occupying a bathhouse or restroom facility. Section 24. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Ice shanties. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Ice shanty means any structure, enclosure or device capable of being used to facilitate the act of ice fishing, either by providing shelter or darkness, regardless of design or materials used in construction. Park means any lands owned by the Huron-Clinton Metropolitan Authority and Lake St. Clair Metropark. (b) Use. Park officials shall abide by and adhere to the Department of Natural Resources determinations which, if any, periods of the year are suitable and safe for the placement and/or use of ice shanties on other than a daily basis. During these periods, ice shanties may be placed and used only during hours when the park is open. (c) Dates. Notwithstanding any other provision of this section, park officials shall determine the first and last date for the use or placement of ice shanties. (d) Hours. A person may not use or occupy an ice shanty, or fish upon the ice, during hours other than park operation. (e) Identification. Each ice shanty must be conspicuously identified by the name, address, and telephone number of its owner in three-inch block letters, placed upon all vertical walls in a color contrasting with the color of the ice shanty. (f) Removal. Any ice shanty remaining on the ice within the park after the published final use date shall be removed by park officials at the owner's expense. (g) Registration. All ice shanties shall be registered with park officials at the park office. Section 25. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Speed. Any person operating or propelling a watercraft within the confines of Lake St. Clair Metropark shall operate the craft in a careful and prudent manner and in compliance with applicable statutes, rules of the road and posted speed limits. No person shall operate any watercraft at a rate of speed greater than will permit him to stop within the safe assured clear distance ahead, or

10 in a manner so as to interfere with the lawful use of the water by others or at a speed greater than slow no wake speed. The speed limit shall not apply to any craft when operating as an authorized patrol boat or emergency rescue craft. Section 26. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Swimming, wading. (a) Swimming and bathing are prohibited within the boundaries of Lake St. Clair Metropark, except in specially constructed swimming pool facilities or any areas marked as swimming areas. No person shall use any swimming pool facility or marked swimming area except in accordance with posted rules and regulations governing such use. Posting of rules, regulations or prohibitions may be accomplished by markings placed upon signs, seawalls, buoys, walls or any other means which is calculated to reasonably inform a person of the existence of such rule, regulation or prohibition. (b) Wading is prohibited within the boundaries of Lake St. Clair Metropark, except in swimming pool facilities or marked swimming areas; provided, that the prohibitions of this section shall not apply to fishermen actually engaged in fishing. Section 27. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Launching. The launching of all watercraft within Lake St. Clair Metropark shall be restricted as follows: (1) No motorboat shall be launched and operated unless such motorboat shall be registered and marked in accordance with the laws of the state governing the registration of watercraft. (2) No person shall put in the water or launch any watercraft except at designated launching sites. (3) No person shall leave a watercraft on the water within Lake St. Clair Metropark or its shoreline between the hours of 10:00 p.m. and sunrise except by the permission of the authority. Watercraft left on the water or shoreline of Lake St. Clair Metropark in violation of this subsection is subject to being towed away and stored at the owner's expense. (4) No person shall operate any watercraft within any marked swimming area except when operating as lifeguard patrol or rescue craft or during a special event approved by the Authority. (5) No person shall launch or use a rubber raft, driving raft or other unsafe floating device except in swimming areas so designated. Section 28. Chapter 66, Article II, Section of the Charter Township of Harrison Code of

11 Sec Mooring in marina basins. No boat, vessel or craft shall moor, raft, dock, anchor, or otherwise be located in the north marina basin or south marina basin where such activity is posted as prohibited by the Huron- Clinton Metropolitan Authority and/or Lake St. Clair Metropark. Notice of such prohibition may be given by the placement of any sign, marking, posting or buoy in any conspicuous place, either upon land or water, in a manner reasonably calculated to inform any affected person of such prohibition. Section 29. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Docking. (a) Only one craft shall be tied up in a boatwell within Lake St. Clair Metropark. Failure to remove a craft within two hours after issuance of a citation for this offense shall constitute a separate offense. (b) No person shall moor or dock any boat, craft or vessel in any boatwell or docking space without promptly paying the required fees. No person shall moor or dock a boat, craft or vessel in any boatwell or docking space for a period in excess of that indicated on the purchased permit. If any boat, craft or vessel is left unattended, or if the applicable dockage fees have remained unpaid, for a period in excess of 24 hours in any boatwell or docking space, such boat, craft or vessel is subject to being towed away and stored at the owner's expense. (c) Any well or space marked for seawall dockage and equipped with cleats for tying up craft shall be a docking zone. No craft shall be tied up or rafted to another craft which is tied up in a docking zone. No craft shall be tied up in a space which is posted as prohibited for docking. Where a docking fee is posted in or near a docking zone, no person shall tie up a craft without payment of such fee as posted. Failure to remove a craft within two hours after issuance of a citation for this offense shall constitute a separate offense. (d) No person shall stop a dinghy, lifeboat, plastic or inflatable boat or other secondary craft removed from a larger craft in a boatwell or docking zone. Failure to remove a craft within two hours after issuance of a citation for this offense shall constitute a separate offense. Section 30. Chapter 66, Article II, Section of the Charter Township of Harrison Code of Sec Operation. (a) No boat, vessel or craft shall be operated on any waterway, natural or artificial channel or canal within the confines of Lake St. Clair Metropark in such a manner so as to unreasonably interfere with the lawful use by others of such waterways or to otherwise cause an obstruction to the normal watercraft traffic on the waterways. (b) On the waters of the Black Creek and all natural and artificial channels and canals in the township, within the confines of Lake St. Clair Metropark, no operator of any motorboat shall exceed a slow no wake speed.

12 Section 31. SEVERABILITY. If any Section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 32. REPEAL. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 33. EFFECTIVE DATE. This ordinance shall take effect immediately after the publication hereof. Motion by Darrin York, Treasurer and second by Brian Batkins, Trustee to adopt Ordinance No. 393 amending Chapter 66, ARTICLE II, of the Charter Township of Harrison Code of Ordinances and to publish a notice of Adoption at the Charter Township of Harrison and that the full text may be reviewed in the Clerk's Office during business hours (8:00 a.m. - 4:30 p.m.). ROLL CALL: AYES: York, Batkins, Bitonti, Servial, Wit, Verkest NAYS: None ABSENT: Tomenello ORDINANCE ADOPTED

13 CERTIFICATION I hereby certify the foregoing is a true and complete copy of Ordinance No. 393 duly adopted by the Board of Trustees of the Charter Township of Harrison at a Regular Meeting held on May 29, 2018, pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be made available as required by said Act. Adam Wit, CMC, CMMC, Clerk Introduction Date: May 14, 2018 First Publication Date: May 16, 2018 Adoption Date: May 29, 2018 Second Publication Date: June 06, 2018 Effective Date: June 07, 2018