Ordinance No. 081406 of 2006
AN ORDINANCE PURSUANT TO ACT 246 OF THE PUBLIC ACTS OF 1945, AS AMENDED, TO REGULATE ACTIVITIES WITHIN THE TOWNSHIP’S BEACH PARK AND ON THE EASTERN AVENUE ROAD ENDING AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF
THE TOWNSHIP OF HAYES ORDAINS:
Section 1. Title.
This Ordinance shall be known as the Hayes Township Beach Park and Eastern Avenue Road Ending Ordinance.
Section 2. Definitions. As used in this Ordinance,
“Accelerant” means a substance or liquid, including but not limited to gasoline, kerosine, diesel fuel, charcoal lighter fluid, turpentine, paint thinners, liquid butane, grain alcohol, and aerosol sprays used or intended to be used to start or intensify a fire.
“Anchor” means the act of dropping a weighted object that is attached to a boat by means of a chain, cable, rope, or other device to the bottomland of a lake or river or the act of placing a weighted object on upland property for the purpose of preventing or restricting the motion of the boat to which it is attached.
“Beach” means the act of pulling a boat on upland property or grounding a boat on the bottomlands for the purpose of preventing or restricting the motion of the boat.
“Beach Park” means property owned or controlled by the township formerly known as Beach within the Plat of Pine Point, including its associated bottomlands, that is open to the general public for recreational activities such as swimming, picnics and sunbathing.
“Boat” means every description of watercraft used or capable of being used as a means of transportation on water, including personal watercraft and nonmotorized boats such as a kayaks, canoes, rowboats, paddleboats, and rafts. Boat, however, does not include an air mattress, paddleboard, boogie board, or similar device used by one (1) or two (2) persons for floating or paddling.
“Bottomlands” means the land beneath the water of a lake or river that attaches to upland and riparian property by operation of law.
“Dock” means a pier, platform, or other structure extending from the shore or a lake or river over the water to which a boat is moored.
“Eastern Avenue Road Ending” means the public road named Eastern Avenue located within the Plat of Pine Point which terminates at the water’s edge of Lake Charlevoix, including its associated bottomlands.
“Hoist” means a mechanical device attached permanently or temporarily to the bottomland of a lake or river and used to raise or lift a boat out of the water for the purpose of preventing or restricting the motion of the boat.
“Moor” or “Mooring” means the act of securing a boat to a buoy attached or anchored to the bottomlands of a lake or river by means of a chain, cable, rope, or other device or to a dock by means of a chain, cable, rope, or other device for the purpose of preventing or restricting the motion of the boat.
“Person” means an individual, firm, corporation, association, partnership, limited liability company, or other legal entity.
“Swimming buoy” means an anchored float placed in the water by Hayes Township or at the direction of Hayes Township to mark the area of the water designated for swimming.
Section 3. Regulations within Beach Park and on the Eastern Avenue Road Ending.
No person shall do any of the following within Beach Park and on the Eastern Avenue road ending:
(a) Construct, place, or maintain a dock, hoist, or mooring device within the park or on the road ending.
(b) Anchor, beach, or moor an unattended boat within the park or on the road ending, except in the case of an emergency or the mechanical breakdown of the boat.
(c) Drive or back a trailer into the water within the park for the purpose of launching a boat into Lake Charlevoix.
(d) Operate a boat within the area of the park designated for swimming by swimming buoys.
(e) Unreasonably interfere with ingress and egress to the park or the road ending.
(f) Park a motor vehicle and/or trailer in the park or on the road ending, except in designated parking areas.
(g) Park a motor vehicle and/or trailer in the park or on the road ending overnight.
(h) Allow a dog to run within the park or on the road ending without having the dog under his or her control, either by a leash or other means.
(i) Fail to remove feces deposited by a dog under his or her control within Beach Park and on the Eastern Avenue road ending.
(j) Cause or create any loud noise or sound that endangers or injures the safety or health of humans or animals or that annoys or disturbs a reasonable person of normal sensitivities, including but not limited to:
(1) Playing or using a radio, phonograph, compact disc player, tape player, television, musical instrument, sound amplifier, or other electronic or mechanical sound-producing device in such a manner or with such volume so as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
(2) Yelling, shouting, hooting, singing, or making other noise that because of its volume, frequency, or shrillness unreasonably disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities.
(3) Sounding or using any horn, siren, whistle, bell or other warning device so as to unreasonably disturb the quiet, comfort or repose of another person, unless the sounding or use of such horn, siren, whistle, bell or other warning device is authorized by state law and necessary for safety within the park or on the road ending.
(k) Cause littering within the park, on the road ending, or on adjoining property.
(l) Permit activities that result in trespassing on adjoining property.
(m) Unreasonably interfere with the use and enjoyment of adjoining properties.
(n) Create any other nuisance condition.
(o) Camp within the park or on the road ending at any time.
(p) Start, use, or maintain a campfire, bonfire, or other recreational fire within the park at any time, except in the fire ring installed by Hayes Township within the park designed for that purpose and except for a fire intended for cooking within grills which are designed to retain the ashes and prevent their deposit upon the ground.
(q) Use an accelerant for starting or maintaining a fire in the fire ring within the park.
(r) Leave any fire authorized under this Ordinance unattended by a person of suitable age.
(s) Fail to fully extinguish any fire authorized under this Ordinance before leaving the park.
(t) Start, use, or maintain a campfire, bonfire, or other recreational fire on the road ending at any time.
(u) Remain within the park or on the road ending after being requested by a police officer to leave the park or road ending.
Section 4. Removal of Boat and Motor Vehicle; Report of Emergency or Mechanical Breakdown; Evidentiary Presumption Relating to Parking Violators; Impoundment of Motor Vehicles.
(a)If an unattended boat is anchored, beached or moored as prohibited in Section 3(b) above, that boat must be removed from the road ending, public access site, or township park in the shortest time necessary to end the emergency or mechanical breakdown. If the boat is not removed within twenty-four (24) hours, the owner or operator of the boat shall report the emergency or mechanical breakdown to the Charlevoix County Sheriff’s Department.
(b)In any proceeding for a violation of this Ordinance, proof that the particular motor vehicle described in the complaint was parked in violation of this Ordinance, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who parked or placed such vehicle in violation of this Ordinance.
(c)In addition to the penalties contained in Section 6 below, any motor vehicle parked in violation of this Ordinance may be impounded by any police officer and removed from the park or road ending where illegally parked. After the police officer impounds a motor vehicle parked in violation of this Ordinance, he or she shall follow the procedures contained in the Michigan Motor Vehicle Code relating to the impoundment of motor vehicles.
Section 5. Notice of Parking Regulations.
The Township Ordinance Enforcement Officer or another official designated by resolution of the Township Board shall erect signs within the park and on the road ending sufficiently legible as to be seen by an ordinarily observant person giving notice of the parking regulations contained in this Ordinance.
Section 6. Violations and Penalties.
(a) Any person who violates any provision of this Ordinance, except Section 3(u), shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to the following fines:
(1)For a first offense, the offender shall pay a fine of One Hundred and 00/100 ($100.00) Dollars.
(2) For a second offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Two Hundred Fifty and 00/100 ($250.00) Dollars.
(3)For a third or subsequent offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Five Hundred and 00/100 ($500.00) Dollars.
(b) Any person who knowingly violates Section 3(u) of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred and 00/100 Dollars ($500) and/or by imprisonment in the county jail for not more than ninety (90) days.
(c) Each day this Ordinance is violated shall be considered a separate violation.
Section 7. Enforcement Officials.
The Township Ordinance Enforcement Officer, another official designated by resolution of the Township Board, or police officers of the Charlevoix County Sheriff’s Department are hereby designated as the authorized officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.
Section 8. Nuisance Per Se.
A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.
Section 9. Separate Court Action.
In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding or a criminal prosecution, the Township may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance.
Section 10. Validity.
If any section, provision or clause of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance, which can be given effect without the invalid portion or application.
Section 11. Effective Date.
This Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the Township.
I, The undersigned, the Clerk of the Township of Hayes, Charlevoix County, Michigan, do hereby certify that the foregoing is a true and complete copy of certain proceedings taken by the Hayes Township Board of said County at its regular meeting held on August 14, 2006, relative to adoption of the ordinance therein set forth; that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976.
Hayes Township Clerk