[Adopted 12-13-1983 by Ord. No. 46 (Ch. 20, Art. IV, of the
2007 Code of Ordinances)]
The Township and other municipalities have established trailways.
Certain minimum rules of conduct are necessary for the best interests
of the community and citizens, and for the preservation of such natural
assets as may be located within the trailways.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any power-driven vehicle, sports equipment, motorized device
or remote-controlled vehicle, whether propelled by means of wheels, tracks, runners, skis, or
other means, whether or not eligible for licensing and registration
under the Michigan Vehicle Code.[1]
Land owned by the Trailways Commission, as described in this
article.
[1]
Editor's Note: See MCLA § 257.1 et seq.
This article shall apply to and be in effect for all lands located
within the Township owned by the Trailways Commission which was created
by an agreement between the City of Rochester, the Charter Township
of Avon and the Townships of Oakland and Orion dated December 23,
1981. Within the Township of Oakland, County of Oakland, and the State
of Michigan, said lands are described as those lands formerly owned
by the Penn Central Railroad and commonly known as the "Penn Central
Railroad Right-of-Way," traversing in a northwesterly-southeasterly
direction through Sections 18, 19, 20, 21, 28 and 33 of Oakland Township
(Parcels 10-18-503-007, 10-19-503-001, 10-20-503-009, 10-21-503-001,
10-28-503-012, 10-33-503-004) and which lands have the appearance
to persons using the trailways lands as being a trail or former railroad
right-of-way because of its setting or relationship with other properties,
or are arranged, delineated or posted in some way as to cause a person
thereon to be aware that he is on trailways land.
A.
Motor vehicles. No person shall drive, propel or park a motor vehicle
or motorized sports equipment of any nature upon the trailways land,
except motor vehicles used by authorized law enforcement or maintenance
personnel, and except in areas specifically designated and posted
for parking.
B.
Hours. No person shall enter into or occupy any area of the trailways
land when it is closed, except by written permission of the Trailways
Commission. All areas shall be deemed to be closed between the hours
of 10:00 p.m. and 6:00 a.m.
C.
Camping. No person shall camp or establish temporary lodging places
within the boundaries of the trailways land.
D.
Fires. No person shall start or maintain a fire within the boundaries
of the trailways land.
E.
Hunting and weapons. No person shall hunt, or discharge any firearm
or weapon including, but not limited to, a bow or BB gun, within the
trailways land.
F.
Disposal. No person shall deposit or abandon in or on any lands or
water areas within the trailways land any garbage, glass, trash, waste,
sewage or other obnoxious or polluting material, except in receptacles
provided for that purpose.
G.
Damage to property. No person shall injure, deface, disturb, befoul,
change or remove any portion of any marker, structure, equipment,
fence or any other property within the trailways land.
H.
Natural features. No person shall dig for, remove, injure or destroy
any tree, flower, shrub, plant or growing thing or any wild bird or
animal, or any earth, rock or other material within the boundaries
of the trailways land without written permission from the Trailways
Commission.
I.
Closed area. No person shall enter or occupy any portion of the trailways
land which has been designated closed to public use or entry.
J.
Horses. No person shall ride or lead a horse within the boundaries
of the trailways land except in designated areas.
K.
Obstruction. No person shall locate or deposit any bicycle, equipment
or material upon the trailways land, or loiter, sit or lie upon the
trailways land so as to obstruct persons in their use of the trail.
L.
Disorderly conduct. No person shall engage in any drunken, loud,
boisterous, or disorderly or indecent conduct, nor shall any person
or group of persons engage in any activity which shall endanger or
annoy other persons or disturb the peace or good order within the
boundaries of the trailways land.
M.
Noise. No person shall operate or play any musical instrument, radio,
mechanical record or tape player or sound amplifying equipment of
any kind within the boundaries of the trailways land in such a manner
as to create excessive noise that disturbs or annoys others.
N.
Sales. No person shall sell or offer for sale any article, privilege
or service within the trailways land without a written permit from
the Trailways Commission.
O.
Advertising. No person shall display, distribute or place any sign,
advertisement, circular notice, or statement or display any banner
within the trailways land without a written permit from the Trailways
Commission.
P.
Groups. No person shall promote, arrange for, or participate in any
function occurring within the trailways land and involving more than
35 persons without a written permit from the Trailways Commission.
The Trailways Commission may impose such conditions upon the issuance
of such permit as it deems necessary to maintain the public use of
the trail, to prevent damage to the trail or any part thereof, and
to protect the public safety.
Q.
Trespass to adjacent lands. No person shall go onto land adjacent
to trailways land which is in private ownership, without the expressed
permission of the owner of the land. The person going onto any such
land shall be the owner or a member of the family of the owner, or
carry in his possession written permission allowing entry onto the
private land, signed by the owner.
A.
Citation or impoundment. Any motor vehicle or equipment which is parked in violation of this article may be issued a citation for the violation, or may be towed away and impounded as provided in § 299-22, or both, in the discretion of the Enforcement Officer.
B.
Ownership; presumption. In the prosecution for a violation of parking
a motor vehicle in violation of this article, proof that the particular
motor vehicle described in the complaint was parked in violation of
this article, together with proof, by verifying ownership of the motor
vehicle with the Secretary of State, that the defendant named in the
complaint was at the time of the violation the registered owner of
the motor vehicle, shall create in evidence a presumption that the
registered owner of the motor vehicle was the person who parked or
placed the motor vehicle at the point where and for the time during
which the violation occurred. If it appears that the motor vehicle
was, at the time of the violation, leased, proof that the defendant
named in the complaint was the lessee of the motor vehicle at the
time of the violation shall create in evidence a presumption that
the lessee of the motor vehicle, not the registered owner, was the
person who parked or placed the motor vehicle at the point for the
time during which the violation occurred.
A.
Authority granted. The County Sheriff's Department is hereby
authorized to remove and tow away, or have removed and towed away
by a commercial towing service, any motor vehicle parked in violation
of this article, which violation is hereby declared to be a nuisance.
B.
Impounding. Motor vehicles so towed away for illegal parking shall
be stored in a safe place.
C.
Payment of fine and charges. Motor vehicles so towed away for illegal
parking shall be restored to the owner or operator of such motor vehicle
upon payment of the fine and the reasonable towing and storage charges.
This article shall be enforceable by any deputy sheriff of the
County Sheriff's Department or any state police officer. Said
officers shall have the authority to issue and serve appearance citations
pursuant to Section 9f of Public Act No. 175 of 1927 (MCLA § 764.9f).
In addition, the Township Board may appoint a limited duty officer
who shall have authority to issue parking violation notices and complaints
for vehicles illegally parked.
Any person who shall violate any provision of this article shall be responsible for a municipal civil infraction, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions, General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.
