Ordinance No. 051010 of 2010
AN ORDINANCE PURSUANT TO ACT 246 OF THE PUBLIC ACTS OF 1945, AS AMENDED, TO REGULATE ACTIVITIES ON THE TOWNSHIP’S ROAD ENDINGS OTHER THAN 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 Road Ending Ordinance.
Section 2. Definitions. As used in this Ordinance,
“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.
“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.
“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.
“Road Ending” means a public road within the Township other than the Eastern Avenue road ending which terminates at the water’s edge of Lake Charlevoix, including its associated bottomlands.
Section 3. Regulations on Road Endings.
No person shall do any of the following on a road ending within the Township:
(a) Construct, place, or maintain a dock, hoist, or mooring device on the road ending.
(b) Anchor, beach, or moor an unattended boat 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 from a road ending for the purpose of launching a boat into the lake.
(d) Unreasonably interfere with ingress and egress to the road ending.
(e) Park a motor vehicle and/or trailer on the road ending, except in designated parking areas.
(f) Park a motor vehicle and/or trailer on the road ending overnight.
(g) Allow a dog to run on the road ending without having the dog under his or her control, either by a leash or other means.
(h) Fail to remove feces deposited by a dog under his or her control on the road ending.
(i) 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 on the road ending.
(k) Cause littering 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 on the road ending at any time.
(p) Start, use, or maintain a campfire, bonfire, or other recreational fire on the road ending.
(q) Remain on the road ending after being requested by a police officer to leave the 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 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 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 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(q), 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(q) 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 deputies of the Charlevoix County Sheriff 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.
TOWNSHIP OF HAYES