[Adopted 3-12-2002 by Ord. No. 38A (Ch. 20, Art. II, of the
2007 Code of Ordinances)]
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."
A.
The following rules and regulations shall apply in all parks:
(1)
No hunting or trapping shall be permitted, except at such times and
places as may be designated by a duly adopted resolution of the Township
Parks and Recreation Commission for such purpose.
(2)
No person shall fire, discharge or have in his possession any rocket,
firecracker, or other fireworks or any substance of an explosive nature
within the parks unless authorized in advance by a permit issued by
or under the authority of the Township Parks and Recreation Commission.
(3)
No person shall at any time discharge or set off anywhere within a park, a revolver, pistol, shotgun, rifle, air gun, water gun, paintball gun or any gun, rifle, firearm or bow and arrow or any other weapon that discharges projectiles either by air, gas, spring, explosive substance or any other force. This subsection shall not apply to: any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position; any authorized participant at the time or place of a hunting activity authorized by the Oakland Township Parks and Recreation Commission under Subsection A(1) above; or any permitted use of a bow and arrow on a Township-designated archery range within a park.
[Amended 6-22-2010 by Ord. No. 38A]
(4)
No person shall operate a motor-driven vehicle of any kind in a park,
except emergency and park maintenance vehicles, unless on drives,
roadways or parking lots established for that purpose. The Parks and
Recreation Commission may issue vehicular permits for purposes of
allowing vehicles in otherwise prohibited areas in conjunction with
activities or events that have been otherwise approved or authorized
by or under the authority of the Township Parks and Recreation Commission.
(5)
It shall be unlawful for any person to operate a motor-driven vehicle
on any park road at a speed exceeding 15 miles per hour or, if a speed
limit is posted, at any speed greater than that posted.
(6)
It shall be unlawful for any person to operate any vehicle upon park
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.
(7)
It shall be unlawful for any person to operate any motor vehicle
in any manner upon park property which results in excessive noise
or disturbs the peace, quiet or tranquility of the area.
(8)
It shall be unlawful for any person to leave, or cause to be left,
any vehicle in a park between a half hour before sunrise and a half
hour after sunset, except at designated areas with a permit issued
by or under the authority of the Township Parks and Recreation Commission
displayed in the front windshield of the vehicle.
(9)
No person shall bring into a park, nor have in possession, sell or
consume in a park, any alcoholic liquor or illegal drug, or other
controlled substance.
(10)
No person shall enter or occupy any area of a park during the
hours when it is closed except as permitted by written authority from
the Township Parks and Recreation Commission. All park areas shall
be deemed to be closed between the hours of a half hour after sunset
and a half hour before sunrise unless more restrictive hours have
been established and posted.
(11)
No person shall camp or establish temporary lodging places without
a written permit issued by or under the authority of the Township
Parks and Recreation Commission.
(12)
All persons walking or exercising pets in a park are required
to clean up all debris resulting from the pets with the exception
of leader, guide, hearing and service animals. Pets must be on a leash
not exceeding 10 feet in length and under control at all times.
(13)
Persons seeking to reserve a facility or a portion thereof for
their exclusive use, or to make such a use of any facility or portion
thereof which will interfere with its normal use, shall first obtain
a permit for such use issued by or under the authority of the Township
Parks and Recreation Commission.
(14)
Groups of over 50 persons wishing to use Township park property
for a function require a written permit issued by or under the authority
of the Township Parks and Recreation Commission.
(15)
In addition to other ordinances regulating open and/or outside
burning, the following rules and regulations shall apply to burning
in the parks:
(a)
No person shall ignite or use a ground fire or open fire, unless
that person has been issued a written permit by or under the authority
of the Parks and Recreation Commission.
(b)
No person shall willfully set or cause to be set on fire any
tree, woodland, brushland, grassland or meadow within any park.
(c)
No person shall build any fire in a park, except within fireplaces,
receptacles, barbecues or fire pits approved and designated by the
Parks and Recreation Commission for such purpose.
(d)
No person shall drop, throw, scatter or otherwise deposit any
burning or flammable material such as lighted matches, burning cigars,
cigarettes or tobacco paper within or upon park property.
(e)
Fires shall not be left unattended and all fires shall be extinguished
prior to leaving the immediate area of such fire.
(f)
This subsection shall not apply to prescribed burning that has
been approved in advance by the Parks and Recreation Commission, when
such burning is deemed necessary as a park management tool.
(16)
No person shall promote, arrange for, provide or participate
in any play, drama, speech, musical, display, sale or endeavor for
the purpose of attracting, amusing or entertaining the general public,
unless a permit has been secured from the Parks and Recreation Commission
as hereinafter provided.
(a)
Permits shall be secured from the Parks and Recreation Commission
by filing an application on forms to be provided. The applicant shall
be scheduled for a hearing at a regular meeting of the Parks and Recreation
Commission as soon as reasonably possible after the filing of a completed
application with the park manager. The permit shall be granted if
the Parks and Recreation Commission determines that the granting thereof:
[1]
Will not unreasonably interfere with the use of the public facility
by persons entitled to the use thereof;
[2]
Will not be likely to unreasonably damage the facility or any part
thereof;
[3]
Will not create a hazard to either pedestrian or vehicular traffic
in the area; and
[4]
Will otherwise comply with the requirements for issuance of permits
under this article.
(b)
The Parks and Recreation Commission may impose such conditions
upon the issuance of any permit, as it may deem necessary to comply
with the foregoing and to otherwise comply with the purposes and regulations
in this article.
(17)
No person shall sell or offer for sale, any article, thing,
privilege, or service without a written permit from the Parks and
Recreation Commission, and no person shall do any begging, hawking,
or peddling.
(18)
Destruction of buildings, markers, monuments and other properties
shall be prohibited, and no person shall, on park property:
(a)
Destroy, damage, deface, alter, change or remove any monument,
stone marker, benchmark, stake, post, blaze, sign, marker, notice,
or designation of any conservation area, boundary line, survey line,
or reference point.
(b)
Destroy, damage, deface, alter, remove, cut, break, mark upon
or otherwise injure any building, structure, shelter, equipment, bridge,
drain, wall, fountain, lamppost, fence, gate, hedge, or other improvement.
(c)
Deface, destroy, damage, alter, or remove any placard, notice
or sign, whether permanent or temporary, lawfully posted or exhibited
within or upon park property.
(d)
Remove, move, excavate, injure or destroy any historical or
prehistorical ruin or any object of antiquity, without permission
of the Parks and Recreation Commission.
(e)
Destruction or disturbance of plant or animal life and natural
surroundings shall be prohibited as follows:
[1]
No person shall cut, remove, destroy or disturb any tree, sampling,
seedling, bush, shrub or other natural vegetation, whether alive or
dead, or chip, blaze, box, girdle, trim or otherwise deface or injure
any such vegetation, or pick, gather, uproot, remove or destroy any
branch, foliage, flower, plant or grass.
[2]
No person shall remove or cause to be removed any sod, earth,
humus, peat, boulders, gravel, soil, minerals or sand, without written
permission of the park manager and/or Parks and Recreation Commission.
[3]
No persons shall kill, injure, molest, disturb, harass or annoy
any bird, animal or reptile; and no person shall disturb, injure,
destroy, or rob the nest, eggs or young of any such bird, reptile
or animal.
(19)
No person shall discard or deposit refuse of any kind or nature
in or upon park property except by placing said refuse in containers
provided for such purpose.
(20)
No person shall throw, cast, lay, drop or discharge into or
leave in waters administered by the Parks and Recreation Commission
any substance, matter or thing, liquid or solid which may or shall
result in the pollution of said waters.
(21)
No person shall expose, distribute, or place any sign, advertisement,
circular notice, or statement, or display a banner, emblem, or design
in the parks without a written permit issued by or under the authority
of the Township Parks and Recreation Commission.
(22)
Baseball, football, soccer, rugby and other games or sports
involving similar physical activities are allowed in areas where specifically
designated and posted. The use of gas-powered model airplanes or other
aircraft, boats or other watercraft, and the use of model rockets
is prohibited except in designated and posted areas. Persons engaging
in such sports, activities or games where not prohibited shall conduct
themselves so as not to jeopardize the safety of others using the
area.
(23)
No person shall construct or maintain any item or structure
within a park except on specific permit issued by or under this authority
of the Township Parks and Recreation Commission.
(24)
No person shall conduct or participate in any form of gambling,
lottery or game of chance upon park property.
(25)
No person shall swim or bathe, except at such times and places
as may be designated and posted for such purposes.
(26)
No person shall bring into, use or navigate any boat, canoe,
raft or other watercraft upon any watercourse, lagoon, lake, pond
or wetland located within a park except at such time and places as
may be designated and posted for such purpose.
(27)
It shall be lawful to ride or lead a horse within any park with
the following exceptions:
(a)
It shall be unlawful to ride, lead or allow a horse in any park,
or portion of a park, where horses and/or horse riding are not permitted
and such parks or park areas are specifically designated and posted
as such.
(b)
It shall be unlawful for any person to ride a horse in a careless
or reckless manner so as to create a nuisance or to endanger the life,
property or persons of others.
(28)
No person shall use any loudspeaker, public address system or
sound amplifying equipment of any kind without proper written permission
of the Township park manager or the Parks and Recreation Commission.
Permission shall not be granted if such equipment is capable of interfering
with the use or enjoyment of the park by others.
(29)
No person shall operate any motor vehicle, radio, television,
phonograph, tape recorder, or any other device in such a manner as
to create noise that disturbs or annoys others.
(30)
No person shall engage in any loud, abusive, boisterous or otherwise
disorderly conduct tending to create a disturbance or annoy others.
(31)
Bicycles may be operated upon paths, trails, or roadways, unless
otherwise prohibited by postage or signage.
(32)
Fishing will be permitted within the parks unless posted otherwise,
provided such fishing activities are in compliance with the laws of
the State Department of Natural Resources.
[Amended 3-12-2002 by Ord. No. 38A]
A.
CONSERVATION AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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:
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.
A.
The Parks and Recreation Commission may by resolution adopt additional
rules and regulations applicable to specific parks or portions of
parks, which additional rules and regulations are reasonably calculated
to provide for the orderly use, enjoyment and conduct of such specific
park areas by the public.
B.
Such rules and regulations shall be posted in an obvious location
on such parklands where effective.
C.
In addition, there may be posted and otherwise clearly marked restricted
or designated areas of conduct such as hiking trails, bridle paths,
fire pit or burning areas, conservation areas, and the like.
A.
Application. Applications for permits under this article shall be
made on forms provided at the offices of the Parks and Recreation
Commission. In addition to any other standards to be considered under
other sections of this article for the issuance of permits, the permit
shall be issued by the Township Parks and Recreation Commission, or
the park manager as the authorized designate of the Commission by
resolution, following a determination by the Commission, or the park
manager if designated, that the requested use is not contrary to any
of the following:
B.
Use fee. A use fee may be charged for the use of park facilities
pursuant to resolution by the Township Parks and Recreation Commission,
which may be adjusted from time to time as deemed necessary and may
reflect a different charge to resident and nonresident use, group
use under one family or organizational use and/or community organization
activities. All fees and use charges so collected will be deposited
to the Township Parks and Recreation Commission account.
C.
Conditions. Conditions may be imposed upon the issuance of any permit
to the extent necessary to ensure compliance with the purposes, intent,
rules and regulations set forth in this article.
A.
Evidence of violation. In any enforcement proceeding for violations
of the provisions of this article, the license plate number displayed
on any vehicle shall be prima facie evidence that the owner thereof
is the person who has placed or used the vehicle on the park property.
B.
Vehicle may be towed away. Any law enforcement agency of the Township
may cause any vehicle that is violating the provisions of this article
to be towed away; or, any police officer may issue a ticket therefore
and leave it attached to such vehicle requiring the appearance of
the owner thereof in court at the time and place designated therein
to answer for the violation of this article.
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.
