[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 9-12-1994 by Ord. No. 211. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Property zoned as farm property or which has been listed
by the owner with the Township as being used primarily as farm property
and which in fact is used primarily for farming and not some other
purpose. "Farming" shall mean using the land in the production of
a farm product.
Any action by a person for the purpose of catching, trapping,
spearing or netting fish.
A dog allowed to range freely to engage in or aid in hunting
on the day the dog enters the property of another person and which
must comply with the dog ordinance.[1]
Any individual, organization, corporation, partnership, association,
or other legal entity.
Any activity covered by the Recreational Trespass Act (MCL
§ 317.171 et seq.), including but not limited to fishing,
trapping, swimming, jumping, or diving into water, snowmobiling, or
any other like activity.
[Amended 5-14-2001 by Ord. No. 301]
A.
Except as provided in Subsection D, a person shall not enter or remain upon the property of another person (including property owned by a public agency or entity) other than farm property or a wooded area connected to farm property, to engage in any recreational activity or fishing on that property without the consent of the owner or his or her or its lessee or agent, if any of the following circumstances exist:
[Amended 5-14-2001 by Ord. No. 301]
(1)
The property is fenced or enclosed, and the property
is maintained in such a manner to exclude intruders.
(2)
The property is posted in a conspicuous manner against
entry. The minimum letter height on the posting signs shall be one
inch. Each posting sign shall be not less than 50 square inches and
the signs shall be spaced to enable a person to observe not less than
one sign at every point of entry upon the property.
(3)
The property consists of a residential dwelling.
(4)
The property consists of a public bridge or overpass.
This prohibition includes all recreational activity, including fishing,
swimming, jumping or diving from the bridge or overpass.
B.
Except as provided in Subsection D, a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted.
C.
On fenced or posted property or farm property, a fisherman
wading or floating a navigable public stream may, without written
or oral consent, enter upon property within the clearly defined banks
of the stream or walk a route as closely proximate to the clearly
defined bank as possible when necessary to avoid a natural or artificial
hazard or obstruction including, but not limited to, a dam, deep hole,
fence, or other exercise of ownership by the riparian owner.
D.
A person other than a person possessing a firearm
may, unless previously prohibited in writing or orally by the property
owner or his or her lessee or agent, enter on foot upon the property
of another person for the sole purpose of retrieving a hunting dog.
The person shall not remain on the property beyond the reasonable
time necessary to retrieve the dog.
E.
Consent to enter or remain upon the property of another
person pursuant to this section may be given orally or in writing.
The consent may establish conditions for entering or remaining upon
that property. Unless prohibited in the written consent, a written
consent may be amended or revoked orally. If the owner or his or her
lessee or agent requires all persons entering or remaining upon the
property to have written consent, the presence of the person on the
property without written consent is prima facie evidence of unlawful
entry.
A person shall not post a sign on property owned
by another person or enclose the property of another person to prohibit
hunting, fishing, trapping, or other recreational activities on that
property without the written permission of the owner of that property,
or his or her lessee or agent.
It is unlawful for any person to willfully enter
upon the lands or premises of another without lawful authority or
after having been forbidden to do so by the owner or occupant, agent
or servant of the owner or occupant, or for any person being upon
the land or premises of another, upon being notified to depart therefrom
by the owner or occupant, the agent or servant of either, who without
lawful authority neglects or refuses to depart therefrom. The Grosse
Ile Police Department may act as agent of the owner of the premises
(for the purposes of enforcing this chapter) if the Police Department
receives in writing signed by the owner that no one is permitted to
fish or engage in recreational activities and that the Grosse Ile
Police Department may enter on their premises to enforce this restriction.
The property owner may appoint or designate any other person to act
as his or her agent.
