[1]
Editor's Note: The title of this chapter was revised 7-21-2021
by Ord. No. 1797.
[Code 1955, § 5-2.2; Ord. No. 1394, 7-21-2004]
The use of any public park for the expression of speech or other
expressive conduct shall be subject to a facilities use policy ("policy")
duly adopted and approved by the Holland City Council. The policy
adopted by the Holland City Council shall not limit speech or other
expressive conduct based upon its content.
[Ord. No. 432; amended 8-7-2013 by Ord. No.
1613; 11-16-2016 by Ord. No. 1680]
(a)
All City parks and road ends shall be closed to the public between
the hours of 11:00 p.m. and 6:00 a.m. The City Council may alter the
hours that parks, specially designated recreation areas within parks
or road ends are closed by resolution.
(b)
No person shall enter or stay in any park, specially designated area
of a park or road end when closed; provided, however, that the foregoing
prohibition shall not apply to any person who enters any park or road
end for the sole purpose of passing through such park and who proceeds
through the same without loitering or undue delay. Appropriate signs
stating this prohibition shall be erected at each park paved pedestrian
or vehicle entrance and each road end prior to the effective date
of this section or a resolution adopted pursuant to this section.
(c)
Persons shall be allowed to be in parks or road ends when closed
if they receive special prior written permission, typically provided
through the use of facilities application process.
(d)
For purposes of this section only, a "road end" is defined as i)
a dead-end block of a public right-of-way; or ii) an out-lot owned
by the City.
[Code 1955, § 5-2.3; amended Ord. No. 682; Ord. No. 1490, 1-23-2008; 12-7-2016 by Ord. No.
1681; 5-1-2019 by Ord. No. 1768]
(a)
Eighth Street Market. No person shall permit or lead any animal,
fowl, or reptile in the Eighth Street Market Place area during the
hours that the Holland Farmers' Market is in operation. For purposes
of this section, the Eighth Street Market Place area is that portion
of the 8th Street right-of-way located between Pine Avenue on the
east and Maple Avenue on the west in the City of Holland together
with the area 100 feet north to 100 feet south of the 8th Street right-of-way.
The City Manager shall issue a written order designating the hours
of this prohibition, and signs shall be erected and maintained posting
notice of this prohibition.
(b)
Leashed animals in public parks. Persons shall be permitted to lead
any animal, fowl, or reptile, if leashed, in public parks owned and
maintained by the City except in the following designated parks:
(c)
Areas animals are prohibited. No person shall permit or lead any
animal, fowl, or reptile, whether leashed or not, on or in any area
or facility open to the public where the City Manager has issued a
written order designating the terms and hours of this prohibition
and signs have been erected posting notice of this prohibition.
(d)
Exception. The prohibitions imposed by this section shall not, however,
apply to the use of service animals by persons with a disability,
as defined in the Americans with Disabilities Act and regulations
adopted thereunder.
[Ord. No. 1496, 3-5-2008]
Any person who violates or fails to comply with the provisions of Section 22-3 or any of the subsections of this section is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
[Code 1955, § 5-2.4; Ord. No. 1378, 11-19-2003]
Unless that person is authorized to engage in an animal control activity authorized under Section 22-9 of the Ordinance Code of the City of Holland, no person shall carry in any public park any gun, BB gun, air rifle, rifle, shotgun, revolver, pistol or other firearm of any kind or description or any device which is capable of throwing or discharging an object with sufficient force to injure or kill humans or animals.
[Code 1955, § 5-2.1]
No person shall destroy, mutilate or molest in any way any tree,
shrub, flower, plant, equipment, structure or other public property
located in, or remove any such items from, any public park, or any
street or avenue adjacent to any public park; nor shall any person
kill, destroy or molest any bird, animal or fish, or destroy or molest
any bird's nest, within any public park; provided, however, that this
section shall not prohibit fishing in the waters of Lake Macatawa
or Black River.
[Code 1955, § 5-2-5]
No person shall use any threatening, obscene, profane or indecent
language in any of the public parks of the City, or be guilty of any
disorderly or indecent conduct therein; nor shall any person indulge
in any game, act or demeanor tending to mar or disturb the enjoyment
of any visitor in such parks; nor shall any person deposit any rubbish,
refuse, papers or rags in such parks; except, that the same may be
deposited in such wastebaskets or boxes as may be provided therefor;
nor shall any person distribute, peddle or scatter any advertisement,
circular, poster or handbill therein; nor, except under a licensed
concession therein, shall any person peddle, sell or dispose of or
offer for sale any of his or her wares in such parks or in or upon
the sidewalks or streets adjacent thereto; nor shall any person use
or dispose of any intoxicating liquors in any way whatsoever in such
parks or upon the sidewalks and streets adjacent thereto.
[Ord. No. 1258, 8-4-1999]
(b)
Smoking and use of tobacco products limited to designated areas in
public parks. A person shall not smoke or use tobacco products in
the following public parks which are owned or operated by the City
of Holland, except in such designated smoking areas as shall be determined
by the City Manager, or his or her designee:
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DeGraaf Nature Center
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Holland Municipal Stadium
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Lincoln Park
|
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Maplewood Youth Complex
|
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Matt Urban Sports and Recreation Complex
|
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Moran Park
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Paw Paw Park
|
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Van Raalte Farm Park
|
(c)
Signs. Signs shall be posted in the public parks listed in Subsection (b) of this section which state where smoking and the use of tobacco products in such parks is prohibited and where the designated smoking areas are located.
(d)
Violations and penalties. A person who violates or fails to comply
with this section shall be subject to any one or more of the following:
(1)
Being asked to stop smoking or using the tobacco product;
(2)
Being asked to leave the premises;
(3)
Being responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
[Ord. No. 1363, 5-28-2003; amended 1-18-2018 by Ord. No. 1716]
When signs are erected or posted in any public park which prohibit a person from bicycling, skateboarding, roller skating, and/or roller blading or which limit any of these activities in a signed area, a person shall not disobey such signs. The signs shall be authorized in the manner provided by Section 18-17 of the Code. A person who violates or fails to comply with this section is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act or violation shall constitute a separate violation.
[Ord. No. 1379, 11-19-2003]
To protect and enhance City property and welfare, the Department
of Leisure and Cultural Services[1] is authorized to promulgate rules and regulations for supervised, regulated, and managed animal control activity. Said rules and regulations shall be promulgated pursuant to Section 1-7 of this Code.
[1]
Editor's Note: The ordinance adopting the Code deletes other
references to the "Department of Leisure and Cultural Services." At
the direction of the City, this instance is not modified.
[2-18-2004 by Ord. No. 1380; amended 3-2-2005 by Ord. No. 1408; 10-3-2007 by Ord. No. 1483; 7-16-2008 by Ord. No. 1511; 10-19-2011 by Ord. No.
1569; 7-2-2014 by Ord. No. 1631; 8-13-2014 by Ord. No. 1633; 5-20-2015 by Ord. No. 1648; 12-2-2015 by Ord. No. 1663; 4-20-2016 by Ord. No. 1666; 11-16-2016 by Ord. No. 1679; 7-11-2018 by Ord. No. 1740; 7-21-2021 by Ord. No. 1798; 12-1-2021 by Ord. No. 1806]
(a)
Permit required.
(1)
The sale, possession, and consumption of beer and wine is allowed
at special events held at the following public facilities: the Holland
Museum; the Cappon House; West Michigan Regional Airport; exterior
and interior areas of the Civic Center Place; 8th Street Market Area;
Windmill Island Gardens; DeGraaf Nature Center; Window-on-the-Waterfront;
Matt Urban Sports Complex; and Van Raalte Farm, provided that the
person conducting the event obtains a permit from the City Manager
prior to serving beer and wine for the event and complies with any
licensing requirements (or qualifies for an exception to such requirements)
imposed by the State of Michigan.
(2)
The sale, possession, and consumption of alcoholic liquor is
allowed at restaurants located on property owned by the City at Windmill
Island and West Michigan Regional Airport, and at the Civic Center
Place provided that the facility or event sponsor has a valid permit
from the City Manager to serve alcoholic liquor and complies with
any licensing requirements (or qualifies for an exception to such
requirements) imposed by the State of Michigan. For sidewalk cafes
located on public property, see Subsection (k).
(3)
The sale, possession, and consumption of beer and wine may be
allowed at such other locations owned by the City of Holland as may
be approved on an events basis by the City Council of the City of
Holland by a duly adopted resolution. The City Council shall not allow
the sale, possession, and consumption of beer and wine at Kollen Park,
Van Bragt Park, Smallenburg Park, Prospect Park, or Centennial Park.
(4)
The City of Holland shall not act in the capacity of a sponsor or a server of beer, wine, and alcoholic liquor at any of the locations set forth in Section 22-10(a)(1) through (3) unless specifically authorized by the City Council for the event or location specified; provided that City Council approval is not required for events at the Civic Center Place. Any entity or licensee serving beer, wine, or alcoholic liquor on City property shall be required to provide evidence of financial responsibility insurance (Dram Shop) coverage naming the City of Holland, its officers, agents, and employees as additional insureds, and any employees serving on behalf of such entity shall be TIPS trained and shall provide evidence to the City of such training of its employees. All events must comply with the requirements of the Michigan Liquor Control Commission which may be applicable to the authorized event and location.
(b)
Application for permit. In order to obtain a permit for the sale, possession and consumption of alcoholic liquor at the public facilities described in Subsection (a) of this section, the person conducting the event or operating the restaurant at the public facility shall pay the nonrefundable permit application fee established by resolution adopted by the City Council and shall submit an application to the City Clerk's office [except for private events on Windmill Island are governed by Subsection (l) and private events at the Civic Center Place are governed by Subsection (m)], which shall include the following:
(1)
The location, dates and times of the event;
(2)
A certificate of insurance coverage (for amounts required under
rules and regulations adopted by resolution of the City Council) listing
the City and its officers, employees and agents and the facility operator
as additional insureds and requiring notice to the City of any cancellation;
(3)
Whether there will be a charge for the alcoholic liquor, whether
it will be provided free of charge and whether there will be an admission
charge;
(4)
If the alcoholic liquor will be provided by a person that is
licensed by the Michigan Liquor Control Commission, a copy of the
license;
(5)
If the alcoholic liquor will be provided by a person that is
not licensed by the Michigan Liquor Control Commission, a complete
description of the basis for exemption from the state licensing requirements;
(6)
Written documentation from the facility manager for the public
facility indicating that the facility has been reserved by the applicant
for the event;
(7)
If alcoholic liquor will be served or consumed outside, a description
of the area where alcoholic liquor may be consumed at the event and
how the applicant will restrict consumption to that area;
(8)
Such additional information as may be required by the City Manager;
and
(9)
If the applicant must obtain a special license from the Liquor Control Commission or obtain special insurance to satisfy the requirements of this § 22-10, the application may be approved before the applicant obtains the license, but the City Manager shall not issue a permit until the applicant submits a copy of the license and certificate of insurance as required by this Subsection (b).
(c)
Application forms. The City Clerk may adopt a form for the application.
In such case, the applicant shall submit the application on the form
as adopted by the City Clerk.
(d)
Decision on application. The application shall be submitted at least
60 days in advance of when the permit is desired. The City Clerk shall
promptly submit a copy of the application to the Chief of the Department
of Public Safety and the Director of the Department of Community and
Neighborhood Services for review and comments and to the City Manager
for approval or denial. The City Manager may deny the requested permit
if, based on information acquired by or submitted to the City Manager,
the issuance of the permit is contrary to the public health, welfare
and safety. An applicant may appeal the City Manager's decision
to not issue a permit to the City Council by filing with the City
Clerk a written request for a hearing before the City Council.
(e)
General event requirements. Persons conducting an event or operating a restaurant permitted under this Section 22-10 shall comply with all requirements set forth in the rules then in effect as adopted by resolution of the City Council for serving alcohol at public facilities.
(f)
Outside consumption. Alcoholic liquor shall not be consumed outside of the buildings at the public facilities described in Subsection (a) of this Section 22-10, and alcoholic liquor shall not be possessed in open containers or glasses outside of the buildings at these public facilities except: a) if the permit provides for serving and consuming alcoholic liquor outside; and b) only in compliance with rules then in effect as adopted by the City Council. The permit may contain additional conditions for serving and consuming alcoholic liquor outside. The applicant shall comply with all such conditions.
(g)
Alcohol not provided by event sponsor. No alcoholic liquor shall
be sold, possessed or consumed that is not provided by the event sponsor,
the caterer engaged by the event sponsor or restaurant permitted under
this section.
(h)
Applicant's responsibility. The applicant shall not allow persons
to consume or possess alcoholic liquor except as allowed in this section
and shall at all times comply with any applicable Michigan statutes
restricting the serving of alcoholic liquor. An applicant shall at
all times comply with any statutory requirement to obtain a license
from the Liquor Control Commission and shall not serve alcoholic liquor
without complying with such licensing requirements. The issuance of
a permit shall not be construed as authorization to serve alcoholic
liquor without complying with such licensing requirements.
(i)
Possession or consumption without permit prohibited. No person shall provide alcoholic liquor and no person shall possess or consume alcoholic liquor in or at the public facilities described in Subsection (a) except as allowed under this section.
(j)
Duration of permit. A permit issued under this section for an event
shall only be valid for the event and the dates described in the application.
The permit issued under this section for a restaurant operated on
property owned by the City at Windmill Island or the West Michigan
Regional Airport shall be valid from the issuance date through the
following April 30, unless renewed. A permit issued under this section
to the Holland Historical Trust for private events to be held at the
Holland Museum or the Cappon House shall be valid from the date of
issuance through the following April 30, unless renewed. A renewal
permit shall be valid from May 1 through the following April 30. The
permit issued under this section for a sidewalk cafe shall be valid
from the issuance date through the expiration date for the sidewalk
cafe permit.
(k)
Sidewalk cafes. A restaurant that is authorized to operate as a sidewalk cafe under Chapter 32 and which has a license issued by the Michigan Liquor Control Commission may sell and serve alcoholic liquor to its customers at the sidewalk cafe but only: a) for consumption at the sidewalk cafe or in an adjacent approved social district; and b) to the extent allowed by its license from the Michigan Liquor Control Commission. A permit under this Section 22-10 is not required for sidewalk cafe. Alcoholic liquor shall not be served at a sidewalk cafe on public property between 12:00 midnight and 11:00 a.m.
(l)
Special events on Windmill Island. Notwithstanding Subsection (b), an application for a permit under this section and the required fee for private events to be held on Windmill Island shall be submitted to the Windmill Island Manager. The City Manager may delegate to the Windmill Island Manager the authority to approve and issue permits and to deny permits under this section for private events to be held on Windmill Island. The application shall be on forms adopted by the Windmill Island Manager. The applicant shall comply with all of the requirements of this section and the rules adopted by resolution of the City Council.
(m)
Events at the Civic Center Place. Notwithstanding Subsection (b), events at the Civic Center Place shall not require a permit to sell or serve alcoholic liquor.
(1)
Requests to serve alcoholic liquor at private events to be held
at the Civic Center Place shall be submitted to the Civic Center Place
Manager on forms adopted by the Civic Center Place Manager. The Civic
Center Place Manager will determine whether to approve a request.
(2)
So long as the City holds a license to sell and serve alcoholic
liquor at the Civic Center Place, all such sales and serving shall
be by the City or its authorized agents in accordance with local ordinances
and rules and state law and regulations.
(3)
No requests to serve alcoholic liquor shall be approved for
events at the Civic Center Place that involve youth, high school or
NCAA sporting, recreational or leisure time events or rentals.
(n)
Rules. The City Council may, by resolution, adopt rules that regulate
the serving and consumption of alcoholic liquor at public facilities
pursuant to permits issued under this section.
(o)
Number of permits per year. The City Manager shall not issue more
than 24 permits during a calendar year and not more than one organization
per special event, as defined in the rules and resolution adopted
by regulation of the City Council. The City Manager shall not issue
more than one permit per day. Permits issued for private events on
Windmill Island, permits issued to the Holland Historical Trust for
private events and permits issued to restaurants or sidewalk cafes
shall not be counted for purposes of this subsection.
[Ord. No. 1428, 10-19-2005]
The City, including all of its departments, the Main Street/Downtown
Development Authority (the "DDA"), and the Downtown Principal Shopping
District (the "PSD") are authorized to place a sign in a park or on
public property for advertising or identifying an event of the City,
the DDA, or the PSD upon administrative approval of the City Manager.
The request shall include all information that is required by the
City Manager. A request for approval of the sign shall be made to
the City Manager at least 10 days before the event.
[7-21-2021 by Ord. No.
1797]
(a)
Notice to abutting owners — generally. Whenever the Council
shall, by resolution, determine that a sidewalk be constructed or
relaid, the Council shall direct the City Clerk to serve notice on
the abutting property owners of the area to be constructed and shall
set a date for a public hearing to review the proposed construction
of the public improvement.
(b)
Requirements of notice.
(1)
The notice required by Subsection (a) of this section shall
designate the following:
a.
The time, date and place of the public hearing where Council
shall determine whether the sidewalk will be constructed or relaid.
The public hearing shall not be scheduled less than 14 days after
the adoption of the resolution by Council specifying the area for
the construction of the proposed public improvement. Notice shall
be mailed to the abutting property owners not less than 10 days prior
to the public hearing.
b.
The projected cost of construction and the estimated front foot
cost to the abutting property owner.
c.
The right of the abutting property owner to attend the public
hearing and object to the proposed sidewalk construction or the estimated
cost of construction.
(2)
For the purposes of this subsection, notice shall be mailed
to the property owner listed on the tax rolls of the City abutting
the public improvement by first class mail.
(c)
Public hearing. The Council shall conduct a public hearing in accordance with the rules of the Council. Upon conclusion of the public hearing, the Council shall, by resolution, determine the necessity of the construction of the sidewalk and the estimated front foot cost to the abutting property owner and order that the sidewalks be constructed by the abutting property owner within 30 days of the public hearing. The resolution shall further establish the estimated cost, rate of interest and method of payment by the abutting property owner if the sidewalk is not constructed in accordance with Subsection (d) of this section.
(d)
Duty of abutting property owners; construction, etc., by City Engineer
upon failure of property owner to do so; expense.
(1)
Every person so notified shall construct or relay the sidewalk
in the manner and within the time required in the resolution of Council
ordering the same, and under the general supervision and direction
of the City Engineer.
(2)
In case any sidewalk shall not be constructed or relaid within the time specified by the Council, or in the manner required by the provisions of this article, the City Engineer shall construct or relay the same, unless otherwise ordered by the Council, and shall keep an accurate record of the expense of such construction or relaying, including his or her own time, and the amount of such expenses, properly itemized, shall be reported to the Council, duly verified by the City Manager. Such report shall also contain a description of the lot or premises upon or in respect to which the expense was incurred and the name of the owner, if known, chargeable therewith. The expense of the construction or relaying of such sidewalk shall be assessed to the owner in the manner provided in Section 15.19 of the Charter of the City.
[7-21-2021 by Ord. No.
1797]
Whenever any sidewalk shall require repair, reconstruction or rehabilitation, the Council shall, by resolution, direct the City Clerk to serve notice and conduct a public hearing in the same manner as set forth in Section 22-12, the terms of which are incorporated herein by reference. Upon conclusion of the public hearing, the Council shall, by resolution, determine the necessity of the repair, reconstruction or rehabilitation of the sidewalk and order that the sidewalk be reconstructed, repaired or rehabilitated within 30 days of the public hearing.
[7-21-2021 by Ord. No.
1797]
If a sidewalk designated by the Council is not repaired, reconstructed or rehabilitated within the time fixed in the resolution of the Council, the City Engineer shall proceed to repair, reconstruct or rehabilitate such sidewalk at the expense of the owner of the abutting lot or premises. The City Engineer shall maintain an itemized account for all expenses incurred, which shall be reported to the Council and verified by the City Manager. The Council shall assess the costs of the repair, restoration and reconstruction of the sidewalk in the manner set forth in Section 15.20 of the Charter.
