Ordinance No. 071116 of 2016
AN ORDINANCE PURSUANT TO ACT 246 OF THE PUBLIC ACTS OF 1945, AS AMENDED, TO REGULATE ACTIVITIES WITHIN THE TOWNSHIP’S PARKS AND ROAD ENDINGS AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF
THE TOWNSHIP OF HAYES ORDAINS:
Section 1. Title.
This Ordinance shall be known as the Hayes Township Parks and Road Endings Ordinance.
Section 2. Definitions. As used in this Ordinance,
“Accelerant” means a substance or liquid, including but not limited to gasoline, kerosene, 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 non-motorized 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.
“Bow” means a flexible strip of wood or other material, bent by a string stretched between its ends, capable of propelling an arrow.
“Camp” or “Camping” means sleeping overnight in a Township park or on a Township road ending by any means, including but not limited to, on the ground or in a sleeping bag, tent, trailer, coach, camper, recreation vehicle, motor vehicle, boat or other conveyance parked, erected or placed on the property; provided, however, camp or camping shall not including overnight sleeping in a cabin within Hayes Township Park Camp Sea-Gull that is rented to an individual or group by the Township.
“Hayes Township Park Camp Sea-Gull” means that property, situated in Hayes Township, Charlevoix County, Michigan and described as follows:
Beginning at a point on the Southwesterly line of Charlevoix and Boyne City Road, which point is 1080.9 feet West and 446.8 feet North of the intersection of the Southwesterly line of said right-of-way with the North and South Quarter line of Section 3, Town 33 North, Range 7 West; thence Southeasterly along said Southwesterly line of right-of-way 821.3 feet, more or less, to a point which is 315.2 feet West and 149.8 feet North of the said intersection of the Southwesterly line of said right at way with the North and South Quarter line; thence South 21°48′ West 292.7 feet; thence North 80°43′ West 329 feet; thence South 48°17′ West 325.8 feet, more or less, to shore of Lake Charlevoix; thence Northwesterly along the shore of Lake Charlevoix to it’s intersection with a line which is South 52°50′ West from the place of beginning; thence North 52°50. East, 975.4 feet, more or less, to place of beginning; being a part of the West 1/2 of Section 3, Town 33 North, Range 7 West.
Commencing at the intersection of the North and South Quarter line of Section 3, Town 33 North, Range 7 West, with the Southerly line of the Charlevoix and Boyne City Road; thence North 70°13′ West 293.5 feet to a concrete monument on the Southerly line of said Charlevoix and Boyne City Road, the point of beginning for this description; thence North 68°02. West 40 feet to a concrete monument which is on the Southerly line of said County Road and which has been formerly described as being 315.2 feet West and 149.8 feet North of the intersection of the Southwesterly line of the right-of-way with the North and South Quarter line; thence South 21°48. West 292.7 feet to a concrete monument, thence North 80°43′ West 329 feet to a concrete monument; thence South 48°17′ West 325.8 feet, more or less, to the shore of Lake Charlevoix, thence in a Southeasterly direction along said lake shore to a concrete monument which is South 21°48. West 662.7 feet, more or less, from the point of beginning; thence North 21°48. East along said last described line to the point of beginning; being a part of the East 1/2 of the West 1/2 of Section 3, Town 33 North, Range 7 West.
“Consumer fireworks” means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low impact fireworks.
“Crossbow” means a weapon capable of propelling an arrow consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism.
“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.
“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance or any device readily convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols.
“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.
“Low-impact fireworks” means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 18.104.22.168 to 22.214.171.124, and 3.5.
“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.
“Township” means Hayes Township.
Section 3. Regulations within Beach Park, Hayes Township Park Camp Sea-Gull and on Township Road Endings.
No person shall do any of the following within Beach Park, Hayes Township Park Camp Sea-Gull and on Township road endings, as applicable:
(a) Operate a motor vehicle in a park or on a road ending, except on designated roads and in designated parking areas.
(b) Construct, place, or maintain a dock, hoist, or mooring device within a park or on a road ending.
(c) Anchor, beach, or moor an unattended boat within a park or on a road ending, except in designated areas and except in the case of an emergency or the mechanical breakdown of the boat.
(d) Drive or back a trailer into the water within a park for the purpose of launching a boat into Lake Charlevoix, except in designated boat launching areas.
(e) Operate a boat within the area of a park designated for swimming by swimming buoys.
(f) Swim in an area of a park outside the area designated for swimming by swimming buoys.
(g) Possess any glass container within a park or on a road ending.
(h) Serve or provide to another person any alcoholic beverage in a park or on a road ending, except in conjunction with the rental of a facility or cabin in Hayes Township Park Camp Sea-Gull.
(i) Unreasonably interfere with ingress and egress to a park or a road ending.
(j) Park a motor vehicle and/or trailer in a park or on a road ending, except in designated parking areas.
(k) Park a motor vehicle and/or trailer in a park or on a road ending overnight, except in conjunction with the rental of a cabin in Hayes Township Park Camp Sea-Gull.
(l) Allow a dog to run within a park or on a road ending without having the dog on a leash no more than six (6) feet in length.
(m) Fail to remove feces deposited by a dog under his or her control within a park or on a road ending.
(n) Allow a dog to enter the designated area within Hayes Township Park Camp Sea-Gull that prohibits dogs, except service dogs actively providing services to its owner or handler.
(o) Allow a dog to enter the beach area of a park, except in beach areas specifically designated for dogs.
(p) Feed any wildlife in a park or on a road ending.
(q) Hunt or trap wildlife in a park or on a road ending.
(r) Discharge or shoot a firearm, bow, or crossbow in a park or on a road ending, except the discharge of a firearm by a law enforcement officer and/or animal control officer acting in the course and scope of his or her official duties.
(s) Ignite, discharge, or use consumer fireworks in a park or on a road ending, except with the prior written authorization of the Township Board.
(t) Possess or ride upon a skateboard in any park.
(u) 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.
(v) Cause littering within a park, on a road ending, or on adjoining property.
(w) Permit activities that result in trespassing on adjoining property.
(x) Unreasonably interfere with the use and enjoyment of adjoining properties.
(y) Unreasonably interfere with any Township employee or authorized Township representative while performing his or her duties in a park or on a road ending.
(z) Solicit business of any kind or nature or distribute or post advertisements or flyers in a park or on a road ending, unless authorized in writing by the Township Board or its authorized representative.
(aa) Create any other nuisance condition .
(bb) Camp within a ·park or on a road ending at any time.
(cc) Start, use, or maintain a campfire, bonfire, or other recreational fire within a park at any time, except in a fire ring installed by Hayes Township within a 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.
(dd) Use an accelerant for starting or maintaining a fire in a fire ring within a park. (ee) Leave any fire authorized under this Ordinance unattended by a person of
(ff) Fail to fully extinguish any fire authorized under this Ordinance before leaving the park.
(gg) Start, use, or maintain a campfire, bonfire, or other recreational fire on a road ending at any time.
(hh) Perform construction or maintenance activities in a park or on a road ending without the prior approval of the Township Board, or its authorized representative.
(ii) Enter or remain in a park when the park is closed to the public, except for the Hayes Township Park Camp Sea-Gull hosts and individuals authorized to stay at a cabin rented in the Hayes Township Park Camp Sea-Gull.
(jj) Remain within a park or on a 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; lmpoundment of Motor Vehicles.
(a) If an unattended boat is anchored, beached or moored as prohibited in Section 3(c) 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 8 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 Park and Road Ending Regulations.
The Township Ordinance Enforcement Officer or another official designated by resolution of the Township Board shall erect signs within a park and on a road ending sufficiently legible as to be seen by an ordinarily observant person giving notice to the general public of the following regulations contained in this Ordinance:
(a) If a park is not open 24 hours a day, the hours that the park is open to the general public.
(b) The designated areas for the parking of motor vehicles and/or trailers.
(c) The designated beach areas where dogs are permitted.
(d) The designated area in Hayes Township Park Camp Sea-Gull where dogs are prohibited.
(e) The designated swimming areas in the parks.
(f) The designated boat launching areas.
Section 6. Rentals within Hayes Township Park Camp Sea-Gull.
(a) A person or group of individuals may occupy a facility and/or a cabin in Hayes Township Park Camp Sea-Gull to the exclusion of others by entering into a rental agreement with the Township and paying the required rental fee. Any person renting a facility and/or a cabin shall be 21 years of age or older. The terms and conditions of such rental shall be specified in the written rental agreement with the Township.
(b) After signing the rental agreement the person renting the facility or cabin shall post in a location designated by the Township the permit obtained at the time the rental agreement was signed documenting the time period of such rental.
Section 7. Discovery of Artifacts.
(a) Any person who discovers in a park or on a road ending what appears to be a cemetery, burial, human remains, or part of a human skeleton shall be immediately reported the discovery to the Charlevoix County Sheriff s Department.
(b) Except as provided in subsection (a) any person who discovers any type of relic, artifact or object of antiquity, or any abandoned property of historical or cultural value in a park or on a road ending, shall immediately report the discovery to the Township Board or other available Township official or employee.
Section 8. Violations and Penalties.
(a) Any person who violates any provision of this Ordinance, except Section 3(s) and Section 30j), 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(s) and Section 30j) of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred and 00/100 Dollars ($500.00)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 9. Enforcement Officials.
The Township Ordinance Enforcement Officer, another official designated by resolution of the Township Board, and/or deputies 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 10. 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 11. 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 12. Repeal.
The Hayes Township Beach Park and Eastern Avenue Road Ending Ordinance, Ordinance No. 081406 of 2006, and the Hayes Township Road Ending Ordinance, Ordinance No. 051010 of 2010, are hereby repealed in their entirety.
Section 13. 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 14. 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
by: Ethel R. Knepp, Supervisor
by: Marlene Golovich, Clerk
Adopted: July 11, 2016
Effective: August 20, 2016
Including Amendments through September 20, 2016