Beach/Park Ordinance DRAFT

 DRAFT ONLY

ORDINANCE NO. 2012-01

 

AN ORDINANCE TO ESTABLISH RULES AND REGULATIONS TO CONTROL AND GOVERN THE USE OF ANY PUBLIC PARK, BEACH OR VILLAGE CONTROLLED PROPERTY LOCATED IN THE VILLAGE OF ONTONAGON, MICHIGAN; TO PROVIDE PENALTIES FO THE VIOLATION OF THIS ORDINANCE; AND TO REPEAL ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE.

 

VILLAGE OF ONTONAGON, MICHIGAN HEREBY ORDANINS:

 

Section 1.  Purpose and Name:

An ordinance to establish rules and regulations for the protection of the health, safety and welfare of the community and public utilizing such properties in theVillageofOntonagon.   This ordinance shall be known and cited as theVillageofOntonagon Parks Ordinance.

Section 2.  Definitions:

Section 3.  General Use of Village Parks and Recreation Facilities:

  1. All trash and debris must be removed and disposed of properly.  No household refuse shall be deposited in any public trash receptacle.
  2. No person shall damage, deface, or destroy Village property or facilities, including the removal of signs, equipment and furnishings, and the cutting of wood or foliage.
  3. Motorized vehicles are only allowed on designated road areas in all Village Parks.  Motorized vehicle parking is permitted only in designated areas.
  4. Any sound or noise generated by a group, person or device which is excessive or profane is prohibited.  Excessive or profane noise shall be determined at the sole discretion of enforcement personnel.
  5. All pet wastes shall be picked up, bagged and disposed.  Feeding of birds and wildlife is prohibited.

Section 4.  Hours of Use:

The Village Council may establish and post reasonable hours of use of any one or all public parks, beaches or other controlled properties.  The posting of “Dawn to Dusk” shall mean ½ hour before sunrise to ½ after sunset, as determined by the U.S. Naval Observatory forOntonagon,Michigan.  No person may occupy or use any portion of the posted park, beach or property during those hours.

Section 5.  Liability and Assumption of Risk:

Any person using theVillageofOntonagonparks, beaches or controlled properties shall assume the risk of injury, damage or loss suffered or incurred while within such area.

Section 6.  Penalty:

Any person violating any of the terms of this Ordinance may be immediately evicted from the premise.  Any violation of the provisions of this Ordinance is a civil infraction, publishable by a civil fine of $100.00 for the first offence and $250.00 for the second or subsequent offenses, plus Village prosecution and court costs.  In addition, the Village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Ordinance.

Section 7.  Enforcement:

Officers of the Ontonagon Sheriff’s Department, Officers of any law enforcement agency with jurisdiction in theVillageofOntonagon, and any other individuals who may be appointed by the Village Council as enforcement officers, are authorized to issue and serve civil infraction citations for violation of this Ordinance.  The Village Attorney or other designated council shall act as the prosecutorial arm of the enforcement of this Ordinance.

Section 8.  Severability:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions or provisions of this Ordinance.

Section 9.  Effective Date:

This Ordinance shall be published not more than fifteen (15) days after adoption by the Village Council.  This Ordinance shall become effective seven (7) days after publication of this Ordinance or a synopsis there of.

THIS IS ONLY A DRAFT