Consistent with and under the authority of Public Act No. 157
of 1905 (MCLA § 41.421 et seq.), and Public Act No. 156
of 1917 (MCLA § 123.51 et seq.), this article is adopted
for the purposes of providing for the safe and orderly operation,
control and maintenance of Township parks, providing certain minimum
rules of conduct to be observed by persons seeking the use and enjoyment
of the Township parklands, and to ensure the preservation of such
natural and cultural assets as may be located in such parks by providing
for the designation and preservation of certain conservation areas
and otherwise limiting the nature and kind of activities of the general
population that may be involved with such parklands.
This article shall apply to all lands subject to the control
and use of the Township Parks and Recreation Commission (sometimes
also referred to in this article as the "Parks and Recreation Commission"),
whether owned or leased, located in the Township. Such lands are referred
to in this article as "parks," "park property," and "parkland."
[Amended 3-12-2002 by Ord. No. 38A]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CONSERVATION AREA
An area of undeveloped land retaining or being returned to
its natural character and influence, without permanent improvements
or human habitation, which is managed so as to protect its natural
conditions and which:
(1)
Generally appears to have been affected primarily by the forces
of nature; or
(2)
Contains ecological, geological, or other features of scientific,
educational, scenic, or historical value.
B. Designation. The Parks and Recreation Commission may designate conservation
areas within parks by resolution, copies of which shall be available
for public inspection at the offices of the Parks and Recreation Commission.
Such resolution shall have attached a drawing designating the area
of parkland which is a conservation area. The borders of conservation areas shall be
delineated by posting or other means so as to inform the public that
the area is a conservation area.
C. Maintenance. Conservation areas shall receive minimal maintenance
and for all intents and purposes shall be left in or returned to a
natural condition, subject only to the necessary removal of man-made
debris and the maintenance of pathways, lands, rivers, streams, watercourses
or previously existing easements as required by law or deemed necessary
to the public health, safety and welfare. Nature paths, feeder stations,
and similar nondisruptive uses shall be acceptable within the designated
area.
D. Rules and regulations. All conservation areas shall be subject to the rules and regulations set forth in §
299-27. In addition, the following rules and regulations shall apply in all conservation areas notwithstanding anything contained in §
299-27 to the contrary:
(1) There shall be no commercial enterprise, permanent road, temporary
road, use of motor vehicles, motorized equipment or any form of motorized
transport within a conservation area, except as may be necessary for
maintenance or in case of emergencies.
(2) No bicycles shall be operated within a conservation area.
(3) No pets shall be allowed in a conservation area.
(4) No horses shall be allowed in a conservation area.
(5) It shall be unlawful to use a loudspeaker, public address system,
bullhorn or amplifier within a conservation area.
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.