Pursuant to MCLA § 41.421. et seq, the New Buffalo Township Board is the Board of Commissioners (the "Parks Commission") for the control of such lands, waters, or other areas it may acquire in connection with or use as a place of public recreation. The business performed at a meeting of the Parks Commission shall be conducted at a public meeting held in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of Michigan 1976, as amended, MCLA §§15.261 to 15.275.
[HISTORY: Adopted by the Township Board of the Township of New Buffalo 12-18-2023 by Ord. No. 20231218A.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 296, Parks and Recreation Areas, adopted 4-20-2015 by Ord. No. 20150420, as amended.
[Amended 5-19-2025 by Ord. No. 20250519A]
As used in this chapter, the following terms shall have the meanings indicated:
Personal violence between two or more persons which includes, but is not limited to, punching, grabbing, wrestling, pulling, shoving, slapping, or other un-consented physical contact or threat of physical contact.
All lands, waters, parking areas, and property administered by or under the jurisdiction of the New Buffalo Township Board acting as the Parks Commission, used for or in connection with public recreation.
[Amended 5-19-2025 by Ord. No. 20250519A]
The following regulations govern activities at and uses of parks:
A.
The following regulations apply to all parks.
(1)
Park hours. Park hours are 8:00 a.m. to dusk. No person may be permitted to occupy or use the park premises except during park hours unless prior written authorization is given by the Parks Director.
(2)
Prohibited items. The following are not permitted in parks:
(a)
Pet or animals, except for service dogs as defined by and in compliance with the Americans with Disabilities Act. Pets are allowed at Glassman Park as long as they are on a leash and their waste must be cleaned up.
(b)
Glass bottles.
(c)
Alcoholic beverages.
(d)
Tobacco and nicotine products, including electronic nicotine delivery and vaping systems.
(e)
Marijuana and marijuana products.
(f)
Motorized vehicles, bicycles, or scooters, except within designated parking areas or when used as mobility devices as defined by and in compliance with the Americans with Disabilities Act.
(3)
Prohibited actions. In parks, no person may:
(a)
Litter or deposit refuse, rubbish, or waste material, except in containers provided for that purpose.
(b)
Fire, discharge, or possess any rocket, firecracker, firework, or any other substance of an explosive nature.
(c)
Burn any material, except within a permanent fireplace or grill on the premises. Portable grills or other containers for cooking over fire or coals are prohibited.
(d)
Unlawfully discharge a firearm or other weapon.
(e)
Leave children under the age of 12 unattended by a parent, guardian or other responsible person who is at least 18 years old.
(f)
Park overnight.
(g)
No person(s) shall engage, participate or otherwise be involved in any fighting.
B.
In addition to the regulations that apply to all parks, the following regulations apply to specific Parks or areas.
(1)
Memorial Park.
(a)
Fire pit. The fire pit at Memorial Park may only be used with written permission from the Parks Director or the Director's designee.
(b)
Splash pad and playground.
(1)
All park rules and regulations must be observed in the playground and splash pad areas.
(2)
The playground and splash pad are unsupervised, and adult supervision is recommended.
(3)
Footwear is recommended at all times.
(4)
Skateboards, skates, scooters, and bicycles are not permitted in the playground and splash pad areas.
(5)
Climbing on splash pad structures is not permitted.
(6)
Splash pad hours may be set from time to time by resolution of the Township Board.
(c)
Pavilion.
(1)
The pavilion is a smoke-free area. The renter shall notify its invitees that smoking is not permitted and shall take prompt action to stop any person who attempts to smoke in the pavilion. No candles, matches, open flames, or other use of fire shall be permitted in the pavilion.
(2)
No more than 100 persons may occupy the pavilion.
(3)
It is the responsibility of the renter to leave the premises in a clean and orderly condition. This includes discarding trash and removing from the pavilion all personal property that the user or its invitees bring into the pavilion.
(4)
The renter shall turn off all electric and electronic devices in the pavilion before the user vacates the pavilion. The user shall make sure all water is turned off.
(2)
Galien River. No person may enter the Galien River, except when launching a personal watercraft.
(3)
Glassman Park. The Parks Director may, at the Director's discretion, close Glassman Park because of inclement winter weather conditions.
The pavilion at Memorial Park may be rented by completing a rental agreement form, available at the Township Hall as provided in the Township Pavilion Use Policy.
Law enforcement officers, the Parks Director, and the Director's designee are authorized to enforce the provisions of this chapter.
Any person or entity violating the provisions of this chapter is responsible for a municipal civil infraction punishable by the payment of a fine, to be set from time to time by resolution of the Township Board, in addition to court costs and other costs imposed by the court. In addition to the fines and penalties set by the Township Board, the Township reserves the right to seek any other remedy available at law or in equity.
All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this chapter takes effect are saved and may be consummated according to the law enforced when they are commenced.
The various parts, sections, and clauses of this chapter are severable. If a court determines that any part, sentence, paragraph, section, or clause is unconstitutional or invalid, the remainder of the chapter remains in full force and effect.