REPEAL
ORDINANCE NO 7 AND TO REVISE ORDINANCE NO 5 TO READ AS
FOLLOWS
PENINSULA TOWNSHIP PARK REGULATION ORDINANCE
ORDINANCE NO 5
Section
1.0
An
ordinance to establish rules and regulations for the use and maintenance of Peninsula Township parks or Town Board approved properties, for the protection
of the health, safety and welfare of the community and the members of the
public utilizing such facility, and to provide penalties for the violation
thereof.
The Township of Peninsula, Grand
Traverse County, Michigan ordains:
Section
2.0 NAME
This
Ordinance shall be known and cited as the Peninsula Township Park Regulation
Ordinance.
Section
3.0 PARK PERMITS
Any group
of persons in excess of fifty, whether or not members of any organization,
before using any Township Park, may be required to obtain a permit from a
person or persons designated by the Peninsula Township Park Commission.
1. Permit fees and/or security deposits shall
be as established by the Peninsula Township Park Commission.
2. All fees shall be remitted to the Township
Treasurer.
3. Any permits issued
may be cancelled for any violation of the Ordinance by any member of the
group.
Section
3.1 DENIAL OF PERMIT
A permit
may be denied if its issuance shall be likely to be a detriment to public
health, safety and welfare in the opinion of the Peninsula Township Park
Commission.
Section
3.2 DEADLINE FOR APPLICATION FOR PERMIT
Application
for a permit shall be submitted during regular business hours at least
48 hours prior to the time for which the permit is to be issued unless the
Peninsula Township Park Commission shall determine otherwise.
Section
4.0 CAMPING
Prior
permission from the Peninsula Township Park Commission is required for:
1. Erecting or locating tents or camping trailers;
or
2. Overnight camping.
No tents or
camping trailers shall be allowed to be erected or located in any township Park that would violate any conservation easement or deed
restriction.
Section
5.0 MOTORIZED VEHICLES (INCLUDING ALL TERRAIN VEHICLES AND MOTOR BIKES)
1. Motorized vehicles shall be driven only on
designated roadways and at speeds of not more than 10 miles per hour. Drivers
shall be responsible and liable for any injury to children or other pedestrians
struck by the motorized vehicles they are driving.
2. Motorized vehicle parking will be permitted
only in designated parking areas.
3. No overnight parking is allowed in any Township Park unless permission is first obtained from the Peninsula
Township Park Commission.
Section
6.0 USE OF FACILITIES
1. Stoves, grills, and picnic tables should not
be used or held for longer time than necessary, to permit their use by a
maximum number of people.
2. Any fires for cooking must be made within
the stoves or grills provided for that purpose or within other privately owned
grills which are designed to retain the ashes and prevent their deposit upon
the ground.
3. No fires shall be built directly upon the
ground.
class=Section2>
3.
4. Township property shall not be damaged or
destroyed and shall be treated with respect for the next user.
5. The launching or beaching of boats shall be
prohibited except at designated sites.
6. Dogs are allowed subject to Grand Traverse
County Animal Control Ordinance and the “1919 Dog Law, “ MCL 287.261 et seq.
7. No household refuse shall be placed in the
trash cans or brought into the parks.
8. No glass or metal objects shall be permitted
in the swimming area.
9. Boisterous or obnoxious conduct and the use
of profane or obscene language are prohibited.
10. All persons within the Parks shall be expected
to be courteous, orderly and to conduct themselves with respect for the rights
of others.
Section
7.0 HOURS OF OPERATION
The
Peninsula Park Commission shall establish and post reasonable hours for the use
of parks provided that the park commission may extend such hours for special
events.
Section
8.0 PARK COMMISSION
The
Peninsula Township Park Commission shall have the authority to impose
additional rules and regulations relating to the use and management of township
parks which are designated to protect the health, safety and welfare of those
persons using the park facilities and are not inconsistent with the provisions
contained in this ordinance. Any such additional rules and regulations shall
be first approved by the Peninsula Township Board and be appropriately posted
within the parks affected by the same. Any park rule or regulation relating to
the use and management of township parkland containing conservation easements
or deed restrictions shall not be effective if such rule or regulation violates
a provision of the conservation easement or deed restriction pertaining to such
park land.
Section
9.0 LIABILITY AND ASSUMPTION OF RISK
Any person
using the Peninsula Township Park facilities shall assume the risk of
an injury, damage or loss suffered or incurred while within such park. The
holder of a park permit shall be liable to Peninsula Township and to all other lawful users of
the park facilities for any loss, injury or damage caused by such permit holder
and/or his guests or from the negligence or willful or wanton act of such
permit holder and/or the holder’s guests.
Section 10.0
VALIDITY
Should any
section or clause or provision of this ordinance be declared by the courts to
be invalid, the same shall not affect the validity of this Ordinance as a whole
or any part thereof, other than the part so declared to be invalid.
Section
11.0 PENALTIES
Any person
who shall violate any provision of this Ordinance in any particular, or who
fails to comply with any of the regulatory measures or conditions of the Township
Board adopted pursuant hereto, shall be subject to a civil infraction and, upon
conviction thereof, be fined not to exceed $500.00 at the discretion of the
Court, and each day such violation continues shall be deemed a separate
offense.
Section 12.0
ENFORCEMENT
The
Peninsula Township Board upon the recommendation of the Peninsula Township Park
Commission may appoint a Park Officer or Superintendent who shall have
authority to enforce the rules and regulations of the Peninsula Township Park
Commission as well as the provisions of this ordinance.
Section
13.0 ORDINANCE NO 7 “Peninsula
Township Park Commercial Activity Regulation
Ordinance” adopted August 7, 1979 is hereby repealed.
Section
14.0 EFFECTIVE DATE
This
Ordinance shall take effect thirty (30) days after legal publication.(published on August 23, 2007)