[HISTORY: Adopted by the Township Board of the Charter Township
of Blackman 10-17-2016 by Ord.
No. 124.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 85,
Parks, adopted 6-16-1997 by Ord. No. 83.
A.
This chapter may be known and referred to as the "Charter Township
of Blackman Park Ordinance."
B.
The purpose of this chapter is to establish rules and regulations
concerning conduct within parks situated in the Charter Township of
Blackman, Jackson County, Michigan, to promote the public health,
safety, and general welfare, to provide penalties for the violation
of this chapter, and to provide for the effective date of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Refers to the Charter Township of Blackman Parks and Recreation
Committee.
Refers to every vehicle that is self-propelled, except a
motorized wheelchair or other similar vehicle not exceeding 1,000
pounds gross weight and operated by a physically afflicted or disabled
person.
Refers to areas of land owned or controlled by and within
the Township that are developed or used for public recreation purposes,
including landscaped tracts, picnic grounds, playgrounds, athletic
fields, and nature preserves.
A.
General
public. Township parks are open for the use of the general public
as specified in this chapter. No individual or group may use Township
park facilities to the exclusion of others unless permitted by this
chapter.
B.
Hours
of operation. Township parks will be open to the public from sunrise
to sunset. No person shall be present in a Township park after sunset,
or at such other time as a park may be designated as closed to the
public by a Township official, unless there is an organized community
activity planned, as permitted by Township Board.
All park picnic shelters shall be available for public use,
subject to use exclusively by any person, family, group, or organization
when authorized pursuant to any reservation policy, rules, and regulations,
and/or a fee schedule adopted from time to time by Township Board
resolution. Pavilions reserved for specific days will be posted to
avoid conflicts.
The following rules and regulations shall govern the conduct
of all persons in Township parks.
A.
Preservation
of natural features.
(1)
No person shall cut, injure, deface, destroy, disturb or remove any
tree, sapling, seedling, brush or shrub, whether alive or dead, or
chip, blaze, box, trim, or otherwise deface or injure any tree or
shrub, or pick, gather, uproot, remove, or destroy any flower or plant.
(2)
No person shall remove, damage, or destroy any sod, earth, peat,
boulder, mineral, gravel, or sand without the prior written authorization
of the Township.
B.
Vandalism
and destruction of property.
(1)
No person shall destroy, deface, alter, change, or remove any monument,
stone marker, benchmark, stake, post, or designation of any boundary
line, trails, survey line, or reference point.
(2)
No person shall deface, destroy, remove, or injure any building,
sign, equipment, or other property or structure.
C.
Fires.
(1)
No person shall set or cause to be set on fire any tree, woodland,
brushland, grassland, or meadow.
(2)
No person shall build or start any fire except within receptacles
or at other locations specifically approved and designated for such
purposes by the Township. Open fires are prohibited.
(3)
No person shall leave any approved fire unattended. All permitted
fires shall be completely extinguished, including the embers, by the
person or persons who built or started the fire, before leaving the
immediate vicinity of the fire.
(4)
This subsection shall not apply to any individual or group that has
submitted a written request to the Township for an exception to the
provisions of this subsection for a specific activity or function,
and such activity or function has been previously approved in writing
by the Committee. If approval for such activity or function is granted,
the Committee may impose such conditions as may be necessary to ensure
the health, safety, and welfare of the residents of the Township,
which conditions shall be accepted by the applicant prior to the approval
taking effect.
D.
Hunting.
No person shall hunt, trap, catch, wound, kill, or treat cruelly,
or attempt to trap, catch, wound, kill, or treat cruelly, any bird
or animal. No person shall molest or rob any nest of any bird or lair,
den, or burrow of any animal.
E.
Firearms, weapons and explosives. No person shall discharge or use
within a park, or discharge into or over a park, any rifle, shotgun,
pistol, pellet gun, air rifle, bow and arrow, slingshot, airsoft gun,
paintball gun, trap, or explosive, except as otherwise authorized
by law.
F.
Fireworks. No person shall fire, discharge, or have in his or her
possession any firecracker, rocket, sparkler, floating lantern, or
other fireworks or any substance of any explosive of dangerous nature.
This subsection shall not apply to any individual or group that has
submitted a written request to the Township for an exception to the
provisions of this subsection for a specific activity or function,
and such activity or function has been previously approved in writing
by the Committee. If approval for such activity or function is granted,
the Committee may impose such conditions as may be necessary to ensure
the health, safety, and welfare of the residents of the Township,
which conditions shall be accepted by the applicant prior to the approval
taking effect.
G.
Littering. No person shall deposit or discard in any park, or cause
to be deposited or discarded in any park, garbage, ashes, sewage,
refuse, waste, or other noxious or offensive material, except by placing
said material in refuse containers provided for such purposes. In
addition, no person shall deposit in refuse containers provided in
any park any garbage, refuse, waste, or other noxious or offensive
material which has been transported to and then brought into the park.
H.
Smoking. When the park is open, smoking is permitted in parking lots.
Smoking is prohibited within 100 feet of any play apparatus area,
pavilion, or athletic field, including any portion of a parking lot
within 100 feet of such areas.
I.
Personal conduct.
(1)
No person shall conduct himself or herself in a disorderly manner.
(2)
For the purpose of this chapter, a person conducts himself or herself
in a disorderly manner when he or she does any act or engages in any
practice listed below, or aids or abets any person who does any such
act or engages in any such practice listed below.
(3)
No person shall engage in any indecent or obscene conduct or solicit,
assault, or accost any person for the purpose of committing an unlawful,
indecent, or obscene act.
(4)
No person shall sunbathe, swim, or bathe in the nude in any park.
(5)
No person shall use obscene language or make an obscene gesture,
or direct indecent, abusive, or threatening language to any other
person or persons when such words tend to inflict injury or incite
a breach of the peace.
(6)
No person shall make any unreasonable or excessive noise or disturbance,
or create a breach of the peace or do any act tending to create a
breach of the peace.
(7)
No person shall at any time permit or engage in the playing of any
electronic sound-producing device (e.g., any radio, phonograph, stereo,
television set, amplified musical instrument, loudspeaker, tape or
cassette recorder, or any similar device) in such a manner or with
such volume which is unreasonably loud, raucous or a nuisance to persons
within the area of audibility.
(8)
No person shall urinate or defecate on or in any park except in the
restroom provided for that purpose. No person shall enter a restroom
facility designated for the opposite gender.
(9)
No person shall be intoxicated or under the influence of a controlled
substance or act so as to directly endanger the safety of another
person or of property, or so to cause a public disturbance. For purposes
of this subsection, "controlled substance" shall mean any substance
defined as a controlled substance under MCLA § 333.7101
et seq. [MSA 14.15(7101) et seq.], as amended, or any similar successor
statute.
(11)
No person shall refuse to obey the lawful command of any law enforcement
officer or any Township official.
(12)
No person shall commit an assault or an assault and battery upon
another. No person shall engage in or abet any fight or act of physical
violence.
(13)
No person shall disobey any authorized sign in the park.
(14)
No person shall conduct or participate in any form of gambling, lottery,
or game of chance upon park property, except as permitted by state
law.
(15)
No person shall distribute or place upon park property any sign,
banner, advertisement, circular, notice, or statement, or display
any banner, emblem, or design, unless specifically approved in writing
in advance by the Committee.
[Amended 4-20-2020]
A.
Animals.
(1)
Working service dogs or service dogs in training are permitted in
all areas of a park.
(2)
Pets shall be kept on a leash under the immediate control of a responsible
person and not allowed to disrupt or annoy park users. All other state
laws shall be followed.
(3)
The pet owner shall be responsible for the removal of any fecal matter
deposited by his or her animal on public property, public easements,
or private property, before leaving the immediate area.
B.
Removal of pets. Any pets found not under the control of a person,
or any pet creating a nuisance or disturbance, may be removed from
the park.
C.
Rod Mills Park Dog Park rules.
(1)
Dogs must be leashed when entering and exiting the off-leash park
and must wear a collar while in the park.
(2)
No more than two dogs per person.
(3)
You must remain with your dog(s) and carry one leash for each dog
at all times.
(4)
Dog(s) must be under control at all times.
(5)
Children in the off-leash park must be accompanied by an adult.
(6)
A valid dog license is required for every dog entering the park.
(7)
You must clean up after your dog(s) by bagging all feces in a sealed
plastic bag and disposing of it in the appropriate containers.
(8)
You can be cited or barred from using the park if you violate these
rules.
(9)
Dog owners assume any liability for any injury or damage to any person,
animal or property, caused by their dog(s) or themselves, while using
this park.
No person shall establish or maintain any camp or other temporary
lodging place without obtaining prior approval from a Township official.
In granting approval, the Township official may establish conditions
he/she deems reasonable and necessary.
State law. All motor driven vehicles operated on park roadways
or parking lots shall be subject to the laws of the State of Michigan
as set forth in the Michigan Vehicle Code.[1]
A.
Parking in prohibited areas. It shall be unlawful for a vehicle operator
to stop, stand, or park a vehicle:
(1)
In any place marked as a passenger or loading zone, other than for
the expeditious loading or unloading of passengers or for the expeditious
unloading and delivery or pickup and load of materials.
(2)
Upon any roadway or in any parking area in such manner as to form
an obstruction to traffic thereon.
(3)
In any place marked for use by the handicapped, except when by permanent
or temporary permit, properly displayed and authorized by a legally
recognized regulatory authority.
B.
Motor-driven vehicles. It shall be unlawful for any person (except
authorized personnel) to:
(1)
Operate a motor-driven vehicle of any kind or nature except on designated
roads and parking areas. Motorized trail bikes, snowmobiles, ATVs
and similar vehicles are prohibited from operating on park property.
(2)
Operate, ride, or propel any motorized vehicle in a park unless the
vehicle is duly licensed to be operated on the highways of the State
of Michigan.
(3)
Operate a motor-driven vehicle on any park road at a speed exceeding
10 miles per hour or at a speed greater than that posted, whichever
is lower.
C.
Nonmotorized vehicles.
(1)
Bicycles shall be operated as closely to the right-hand side of the
path, trail, or roadway as conditions permit and shall be ridden single
file. It shall be unlawful to operate a bicycle in a manner which
endangers pedestrians, oneself, or other bicyclists.
(2)
Persons violating any of the above provisions may also be evicted
from said park or parkland.
[1]
Editor's Note: See MCLA § 257.1 et seq.
No person shall operate a business, peddle, or solicit business
of any nature whatsoever, distribute handbills or other advertising
material, or post signs in a park unless first authorized in writing
by the Committee or Township Board.
A.
An applicant for a liquor special event permit ("permit") must qualify
as a nonprofit or charitable entity of Blackman Charter Township.
The applicant must receive a special license for consumption on the
premises or an equivalent license issued by the Michigan Liquor Control
Commission, and a liquor special event permit from the Township Board.
B.
A request for a permit must be made to the Township Board at least
60 days prior to the event. The request must identify the purpose,
date and time of the special event.
C.
The applicant must pay a permit fee established by a resolution of
the Township Board.
D.
Only one organization is allowed to have a permit per event.
E.
Prior to Township Board consideration of the permit, the applicant
shall meet with the Blackman Charter Township Public Safety Department,
and the Department shall issue a report to the Township Board with
respect to any need for security personnel or police officers for
crowd and traffic control and to ensure all requirements of the alcohol
provisions are met. Security requirements will be determined by the
Blackman Charter Township Public Safety Department, which may include
hiring regular or reserve public safety officers, private security
or both. The applicant will be required to pay for the officers/security
personnel for that event.
F.
The applicant shall sign the permit, if granted, thereby agreeing
to all terms and conditions.
G.
The Township's permit, if approved, shall be issued on a preliminary
basis prior to the applicant's request for a special license from
the Michigan Liquor Control Commission (the LCC).
H.
Final approval of the liquor special event permit shall not be granted
until the applicant shows proof that the applicant has received a
special license from the LCC, and the applicant has provided a certificate
of general liability insurance and liquor liability insurance which
names the Township, its officers and agents, as additional insureds
and provides for at least 15 days' notice of cancellation. The minimum
insurance coverage limits will be $1,000,000 per occurrence and $2,000,000
aggregate. All parties involved in conducting the event shall so be
named as additional insureds.
I.
The Township Clerk may thereafter issue final approval of the permit
once the applicant confirms compliance with the foregoing conditions.
J.
All social events that offer sale or consumption of alcohol shall
take place in an enclosed area, and shall comply with the following:
(1)
A single entrance to the event shall be staffed at all times.
(2)
The event enclosure shall comply with all local and state firesafety
regulations.
(3)
Fire lanes of 20 feet minimum must be maintained at all times.
(4)
The entire event enclosure must be approved by the Blackman Charter
Township Public Safety Department as a part of the issuance of the
permit. Typically, this will require the area to be fenced off with
at least two barriers spaced four feet apart to prevent unauthorized
entry or contact with individuals outside the event.
(5)
A system of checking IDs to prevent underage drinking must be provided
and followed.
(6)
No one under the age of 18 may be within the enclosed area.
(7)
Adequate lighting must be provided.
(8)
A minimum of two restrooms, including lavatory, soap and paper towels,
must be provided for each 250 people, or faction thereof, estimated
to attend. At least one of the restrooms provided must be an ADA acceptable
restroom. The applicant is responsible for all cleanup and damage
and for providing a dumpster for waste disposal.
(9)
Erection of a tent must be approved by the Township. The applicant
is responsible for repairing any damage to the pavement or grass.
(10)
A to-scale drawing of the proposed site, showing the location
of the enclosure or tent, restrooms and dumpster, must be submitted
with the application. The tent, restrooms and dumpster must be removed
before 12:00 noon the next day following the event, except that any
items placed within a driveway must be immediately removed at the
conclusion of the event in order to open the driveway back up to vehicular
traffic.
(11)
The Township will require a minimum of $500 security deposit
for any expenses to be incurred by the Township, including, but not
limited to, use of the Blackman Charter Township Public Safety Department,
use of Township equipment, temporary electrical service, cleanup and
restoration expenses. This deposit will be partially or totally refundable,
provided no damage is done to the park and/or no expenses were incurred
by the Township.
(12)
All labor and equipment required are the responsibility of the
applicant.
K.
The sale of alcohol shall comply with the following restrictions:
(1)
Only beer and wine shall be permitted.
(2)
No direct sale (or takeout) of beer and wine shall be permitted.
(3)
Purchase of beer and wine shall be made by tickets only.
(4)
Ticket sales for the purchase of beer and wine shall be made in a
separate area apart from where alcohol is being dispensed.
(5)
Events shall conclude no later than midnight with one additional
hour provided for cleanup.
A.
Fines and imprisonment.
(1)
Any person violating any provision of this chapter shall be deemed
guilty of a misdemeanor and upon conviction shall be fined not more
than $500 and costs of prosecution, or imprisoned for not more than
90 days.
(2)
Persons violating any of the above provisions may also be evicted
from said park or parkland.
B.
Reimbursement for damages. In addition to the penalties provided
in this chapter for violating its provisions, any person convicted
of an act of vandalism or destruction of property shall reimburse
the Township for the total amount of the damage as determined by the
court, plus costs of prosecution.
This chapter and the various parts, sections, subsections, sentences,
phrases, and clauses thereof are hereby declared to be severable.
If any part, section, subsection, sentence, phrase, or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of the chapter shall not be affected thereby. The captions
included at the beginning of each section are for convenience only
and shall not be considered a part of this chapter.
All resolutions, ordinances, orders, or parts thereof in conflict
in whole or in part with any of the provisions of this chapter are,
to the extent of such conflict, hereby repealed.
No officer, agent, or employee of the Township or member of
the Township Board or Committee shall render himself or herself personally
liable for any damage which may occur to any person or entity as the
result of any act or decision performed in the discharge of his or
her duties and responsibilities pursuant to this chapter.
