[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 9-13-2010 by Ord. No. 248. Amendments noted where applicable.]
This is a chapter to provide for the use, protection, regulation
and control of the public parks and park facilities and other matters
concerning recreation, conservation, education, historic supplementary
and scenic areas and preserves and parkways, and to provide for the
adoption of rules and regulations and other matters related to the
use of and conduct on park property.
This chapter may be known and referred to as the "Village of
Cassopolis Park Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The overnight lodging or sleeping of person or persons on
the ground or in any manner, or in any sleeping bag, tent, trailer-tent,
trailer coach, vehicle camper, motor vehicle, boat or in any other
conveyance erected, parked or placed on the premises or waters within
any park or recreation area administered by the Village.
Individuals, male or female, singular or plural; firms, corporations,
or any group or gathering of individuals.
The rules adopted by the Village of Cassopolis applicable
to all property administered by or under the jurisdiction of the said
Village and all amendments thereto.
The Village of Cassopolis and/or Village Council.
All lands, waters, and property administered by or under
the jurisdiction of the Village of Cassopolis.
A.
General public. Any group or gathering of 25 or more persons may
use certain areas within the public parks in the Village of Cassopolis
to the exclusion of others by making application and being granted
a permit by either the Village Clerk or Village Manager or their designated
representative.
B.
Permits.
(1)
Applications for permits for reserved park space shall be made upon
forms to be furnished by the Village Clerk as approved by the Village
Council.
(2)
The Village Council or its agent may, upon written application, grant
specific use permits for special uses when, in the opinion of the
Village Council or its agent, special consideration is warranted.
(3)
Application shall be made in advance of the time of the reservation
request sufficient to allow at least 12 hours posted notice of reservation
of space.
(4)
In the event more applications for reserved space are received than
spaces available, such applications shall be considered in the chronological
order received.
C.
Fees and charges.
(1)
Fees and charges may be assessed by the Village Council for the use
of any facility, land, area, or program on Village park property.
(2)
It shall be unlawful for any person to use any facility, land or
area for which a fee or charge has been established by the Village
Council without payment of such fee or charge.
D.
Hours. No person or vehicle shall remain upon property administered
by or under the jurisdiction of the Village Council between posted
closing times and sunrise excepting at designated fishing sites, and
other special use areas; provided, however, that upon application
to the Village Council or its authorized agent, said hours may be
extended.
A.
Destruction of buildings, markers, monuments and other properties
shall be prohibited, and no person shall, on Village property:
(1)
Willfully destroy, deface, alter, change or remove any monument,
stone marker, benchmark, stake, post or blaze, marking, or designate
any boundary line, survey line, or reference point.
(2)
Cut, break, mark upon or otherwise injure any building, equipment,
bridge, drain, wall, fountain, lamp post, fence, gate, hedge, or other
structure.
(3)
Deface, destroy, or remove any placard, notice or sign, whether permanent
or temporary, posted or exhibited within or upon park property.
(4)
Appropriate, excavate, injure or destroy any historical or prehistorical
ruin or any object of antiquity, without permission of the Village
Council or its agent.
B.
Destruction of plant life and natural surroundings shall be prohibited
and no person shall:
(1)
Cut, remove, or destroy any tree, sampling, seedling, bush or shrub,
whether alive or dead, or chip, blaze, box, girdle, trim or otherwise
deface or injure any tree or shrub, or break or remove any branch,
foliage, flower, or any tree or shrub, or pick, gather, uproot, remove
or destroy any flower, plant or grass.
(2)
Remove or cause to be removed any sod, earth, humus, peat, boulders,
gravel, or sand, without written permission of the Village Council
or its agent.
C.
The following rules shall apply to fires on Village park property:
(1)
No person shall willfully set or cause to be set on fire any tree,
woodland, brushland, grassland or meadow within or upon the property
of the Village park.
(2)
No person shall build any fire upon Village property except within
the fireplaces, receptacles or open spaces approved and designated
by the Council for such purpose.
(3)
No person shall drop, throw or otherwise scatter lighted matches,
burning cigars, cigarettes, tobacco paper or other flammable materials
within or upon any property of the Village.
(4)
Fires shall not be left unattended. All fires shall be extinguished
upon leaving the immediate vicinity.
No person shall:
A.
Swim, bathe, or wade between sunset and sunrise, in any of the watercourses,
lakes, ponds, or sloughs located within or upon the properties administered
by or under the jurisdiction of the Village.
B.
Swim, bathe, or wade except at such times and places as may be provided
or designated for such purpose.
C.
Carry or consume any food or beverage of any kind, nor have in their
possession any glass or metal container on any beach or in the water
adjacent thereto. Air mattresses, inner tubes, or any other device,
inflatable or otherwise, used in aid of swimming, are prohibited.
No person shall bring into, use or navigate any boat, yacht,
canoe, raft or other watercraft upon any watercourse, lagoon, lake,
pond or slough located within or upon the properties administered
by or under the jurisdiction of the Village except at such time and
places as may be provided or designated for such purpose. All watercraft
shall comply with and be used in compliance with Public Act 303 of
1967, as amended, and such regulations as may be adopted under the
authority of the act, a copy of which is attached hereto and made
a part of these rules.
Camping is prohibited on all Village property.
A.
Parking in prohibited areas; standing for loading or unloading in
certain places.
(1)
It shall be unlawful for the operator of a vehicle to stop, stand
or park said vehicle in any place marked as a passenger or loading
zone, other than for the expeditious loading or unloading of passengers,
or for the unloading and delivery or pick up and loading of materials.
(2)
It shall be unlawful for the operator of a vehicle to stop, stand
or park such vehicle upon any roadway or in any parking area in such
manner as to form an obstruction to traffic thereon.
(3)
It shall be unlawful to park any vehicle in any area which is designated
as a prohibited parking area.
(4)
It shall be unlawful to drive or park any motor vehicle in or upon
Village property which is used for recreational purposes, unless otherwise
allowed by these rules.
B.
Horses.
(1)
It shall be unlawful for any person to ride, lead or cause or suffer
a horse to be upon any property administered by or under the jurisdiction
of the Village except on specifically designated and posted areas
or bridle paths or by permit on field trail areas.
(2)
It shall be unlawful for any person to ride a horse in a careless,
negligent or reckless manner so as to create a nuisance or to endanger
the life, property or persons of others on any lands administered
by or under the jurisdiction of the Village.
(3)
The driver of any vehicle shall yield the right-of-way to any person
riding a horse on marked bridle paths where such bridle paths cross
streets or roadways.
C.
Motor-driven vehicles. It shall be unlawful for any person to:
(1)
Operate a motor-driven vehicle of any kind or nature except on roads
or designated parking areas.
(2)
Operate a motor-driven vehicle on any park road at a speed exceeding
25 miles per hour or at any speed greater than that posted; provided
further, however, that notwithstanding any provision herein, any person
driving a vehicle on an park road shall drive at a careful and prudent
speed not greater than nor less than is responsible and proper, having
due regard to the traffic, surface and width of the road and of any
other condition then existing, and no person shall drive any vehicle
upon a park road at a speed greater than will permit him to bring
said vehicle to a stop within the assured clear distance ahead.
(3)
Operate any motor-driven sled, toboggan or snowmobile on any property
under the management, supervision or control of the Village except
where permitted by posted notice.
(4)
Operate a motor vehicle upon Village property in a speed contest
or for the purpose of making a speed record, including that commonly
known as a drag race, whether from a standing start or otherwise over
a measured or unmeasured distance, the object of which is to better
or defeat one or more contestants on the basis of the elapsed time,
superior performance or speed. Provided further, however, this section
shall not apply to any event for which a permit has been applied for
and granted by the Village Council.
(5)
Operate any vehicle upon Village property, including but not limited
to any area designated for the parking of vehicles, in a careless
or negligent manner likely to endanger any person or property.
(6)
Drive any vehicle upon Village property while under the influence
of intoxicating liquor or narcotic, drug, barbital or any derivative
of barbital.
(7)
Drive any vehicle upon Village property while his ability to do so
has been impaired by the use of intoxicating liquor or by the use
of drugs or narcotics.
(8)
Operate any motor vehicle upon Village property while his license
to so operate has been suspended or revoked by the State of Michigan.
(9)
Operate a motor vehicle upon Village property without having a valid
operator's license, motor vehicle registration certificate and
proof of the minimum liability coverage or uninsured motor vehicle
fee as required by the State of Michigan vehicle code in his possession.
(10)
Operate any vehicle upon Village property contrary to posted
traffic signs, symbols, rules or regulations or marked roadways.
(11)
Operate any motor vehicle in any manner upon Village property
which results in excessive noise or disturbs the peace, quiet or tranquility
of the area.
(12)
Leave, or cause to be left, any vehicle upon property administered
by or under the jurisdiction of the Village between sunset and 8:00
a.m., excepting at designated fishing sites, camp areas and other
special use areas.
(13)
Operate or ride on a motorcycle or motor-driven cycle without
wearing a crash helmet approved by the Department of State Police.
Rules of the Department of State Police for the implementation of
Section 658, Subsection (d) of 1949, PA 300, as amended,[1] shall apply to this rule.
[1]
Editor's Note: See MCLA § 257.658.
(14)
Continuously cruise in any motor-driven vehicle in, through
and around campgrounds for the purpose of attracting or distracting
persons or visitors using campsites.
D.
Operation of bicycles.
(1)
Bicycles shall be operated as closely to the right-hand curb or right-hand
side of the path, trail or roadway as conditions will permit and not
more than two bicycles shall be operated abreast.
(2)
It shall be unlawful for the operator of any bicycle where upon any
path, trail or roadway, to carry any person upon the handlebar or
frame of any bicycle, or for any person to so ride upon such bicycle.
(3)
Bicycles may be operated upon such paths, trails, or roadways as
may be posted allowing such use; provided, however, no such use shall
be allowed between sunset and sunrise.
A.
Livestock. No person shall drive or cause to be driven any horses,
cattle, sheep, goats, swine, or other livestock upon or across property
administered by or under the jurisdiction of the Village Council without
the written permission of the Village Council or its agent.
B.
Peddling and soliciting. It shall be unlawful for any person to peddle
or solicit business of any nature whatsoever, or to distribute handbills,
or other advertising matter, to post unauthorized signs on any lands,
water, structures, or property administered by or under the jurisdiction
of the Village, or to use such lands, water, structures or property
unless first authorized in writing by the Village Council or its agent.
C.
Unlawful obstruction. No person, firm or corporation shall by force,
threats, intimidations, unlawful fencing, enclosing, or by any other
means prevent or obstruct any person from entering, leaving or making
full use of any property administered by or under the jurisdiction
of the Village.
D.
Hindering employees. No person shall interfere with or in any manner
hinder any employee or agent of the Village while performing their
official duties.
E.
Resisting park ranger. No person shall interfere with any park ranger
or police officer in the discharge of his duties; or fail or refuse
to obey any lawful command of any park ranger or police officer.
F.
Impersonation of park ranger. No person shall impersonate any member
of the park ranger force for any reason whatsoever.
G.
Alcoholic beverages, drugs.
(1)
No person shall have in their possession any intoxicating beverage
while in or upon the property administered by or under the jurisdiction
of the Village in areas determined by the Village Council and designated
by posting at the main entrance or other conspicuous place to be areas
in which no alcoholic beverages are permitted.
(2)
No person shall sell, use or have in his possession any drug or narcotic;
the sale, use or possession of which is prohibited by the state law.
H.
Personal conduct.
(1)
It shall be unlawful for any person to be under the influence of
intoxicants, or to engage in any violent, abusive, loud, boisterous,
vulgar, lewd, wanton, obscene or otherwise disorderly conduct, or
to disturb or annoy others, while in or on any property administered
by or under the jurisdiction of the Village.
(2)
It shall be unlawful to conduct or to participate in any form of
gambling, lottery or game of chance upon park property.
I.
Use of loudspeaker. It shall be unlawful to use a loudspeaker, public
address system or amplifier within or upon Village property without
a written permit issued by the Village or its agent.
J.
Fireworks. No person shall fire, discharge or have in his or her
possession any rocket, firecracker, torpedo, squib, or other fireworks
or any substance of an explosive nature within or upon the property
of the Village unless the Village Council or its authorized agent
shall have authorized same by the issuance of a permit therefor.
K.
Firearms. No person shall at any time, bring into or upon the Village
park's properties, nor have in his or her possession, nor discharge,
or set off anywhere upon said properties, a revolver, pistol, shotgun,
rifle, air gun, water gun or any gun, rifle, firearm or bow or other
weapon that discharges projectiles either by air, explosive substance
or any other force, provided, however, that this section shall not
apply to any deputy sheriff, police officer, peace officer, park ranger,
or other duly appointed law enforcement officer while carrying out
the duties and responsibilities of his position nor to any person
while on or in those areas which may from time to time be designated
as hunting areas by the Village Council or while upon designated target
ranges or areas.
L.
Littering and pollution of waters. It shall be unlawful:
(1)
To discard or deposit refuse of any kind or nature in or upon the
property of the Village except by placing said refuse in containers
provided for such purpose.
(2)
To throw, cast, lay, drop or discharge into or leave in waters administered
by or under the jurisdiction of the Village any substance, matter
or thing, liquid or solid which may or shall result in the pollution
of said waters.
M.
Skating and coasting.
(1)
No person shall use roller skates within or upon Village property
except at such times and upon such places as may be designated or
maintained therefor.
(2)
No person shall skate, sled, walk or go upon any ice, or snowshoe,
or ski except at such times and upon such places as may be designated
or maintained therefor.
(3)
No person shall within or upon Village property coast with handsleds,
bobs, carts, or other vehicles, on wheels or runners, except at such
times and upon such places as may be designated or maintained therefor.
N.
Balloons, airplanes and parachutes. No person shall make any ascent
in any balloon or airplane or any descent in or from any balloon or
airplane or parachute on any lands or waters administered by or under
the jurisdiction of the Village without first having written permission
from the Village Council or its agent.
O.
Public exhibition. No person shall exhibit any machine or show, or
any animal, or indulge in any acrobatic exhibitions in or upon any
Village park property, nor shall any person carry on any performance
or do anything whatsoever which shall cause persons to congregate
so as to interfere with the proper use of such property by the general
public or to obstruct the passage of vehicles or persons without first
having obtained written permission from the Village Council or its
agent.
P.
Special permits. No erection, construction or maintenance shall be
made above or below ground, across or beneath Village park property
by any person, firm, or corporation without first having obtained
written permission from the Village authorizing such installation
or construction and a permit specifying in detail the work to be done
and the conditions to be fulfilled pursuant to the terms of such approval.
Q.
Emergency powers. Nothing in these rules shall:
(1)
Prohibit or hinder duly authorized agents of the Village or any peace
officers from performing their official duties.
(2)
Prohibit the Village from establishing emergency rules required to
protect the health, welfare and safety of park visitors and to protect
park property; including, but not limited to, the right of the Village
to order all persons off Village property, and close all or any portion
of said park.
Any person violating any provision of the foregoing rules shall
be deemed guilty of a misdemeanor and upon conviction thereof be fined
not more than $500 and costs of prosecution, or imprisoned in the
county jail for a period not exceeding 90 days, or both, for each
offense.
