Loading...
HomeMy WebLinkAboutResolutions - 2013.01.23 - 20684MISCELLANEOUS RESOLUTION #13007 JANUARY 23, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — 2013 OAKLAND COUNTY PARKS AND RECREATION RULES AND REGULATIONS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Parks and Recreation Commission was established by the Oakland County Board of Supervisors in 1966 under P.A. 261 of 1965; and WHEREAS, P. A. 261 of 1965 includes a provision to allow county parks commissions to make rules for the protection, regulation and control of all its facilities and areas with the approval of the Oakland County Board of Commissioners; and WHEREAS, the Oakland County Parks and Recreation Commission has established rules and regulations for this protection, regulation and control; and WHEREAS, revisions for clarification purposes are requested, which have been reviewed and approved by the Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the revisions to the Oakland County Parks and Recreation General Information and Regulations for Oakland County Parks. Chairperson on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward absent. 2013 UPDATE 11/7/12 Park Rules & Regulations Contents Page Section 1. GENERAL PUBLIC 2 Section 2. HOURS 2 Section 3. FEES AND CHARGES 2 Section 4. PERMITS 2 Section 5. EMERGENCY POWERS 2 Sect;on e_ SWIMMING, BATHING AND WADING 3 SiE-iction 7. CAMPING 4 Section 8. BOATING 6 Section 9. MOTOR-DRIVEN VEHICLES 7 Section 10. PARKING IN PROHIBITED AREAS 7 cior. 11. OPERATION OF BICYCLES 7 Seciicn 12. SKATING AND COASTING AND SKIING 8 Se,ction 13. PERSONAL CONDUCT 8 Section 14. METAL DETECTORS 9 Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE 9 Section 16. PUBLIC EXHIBITION 9 Section 17. FISHING 10 Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS 10 Section 19. LITTERING AND POLLUTION OF WATERS 10 Section 20. FIRES 10 Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS AND OTHER PROPERTIES 10 Section 22. CONTRABAND 10 Section 23. FIREARMS 10 Section FIREWORKS 10 Section 25. PEDDLING AND SOLICITING 11 Section 26. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMPGROUNDS 11 Ser2tNr ANIMALS AND BIRDS 12 Section 28. TREATMENT OF ANIMALS AND BIRDS 13 Section 29, HORSES 13 Section 30. LIVESTOCK 13 Section 31. HOT AIR BALLOONS, AIRPLANES AND PARACHUTES 14 Section 32. UNLAWFUL OBSTRUCTION 14 Section 33. HINDERING EMPLOYEES 14 Section 34. RESISTING PARK EMPLOYEES 14 Section 35. IMPERSONATION OF PARK EMPLOYEES 14 Section 36. FINES AND IMPRISONMENT 14 Section 37. SPECIAL USE AREAS 14 Section 38. FREE SPEECH 14 Section 39. PHOTOGRAPHY AND VIDEO AND AUDIO RECORDING 15 Section 40. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES 16 Pursuant to Act 261 of the Public Acts of the State of Michigan of 1965, as amended, the Oakland County Parks and Recreation Commission herewith promulgates and publishes the following rules for use, protection, regulation and control of all of its services, facilities and parks, recreation, conservation, education, historic, and scenic areas and preserves and parkways. Revised 01/13 1 IMPORTANT - VIOLATIONS OF ANY OF THE PARK RULES MAY BE CAUSE FOR REMOVAL FROM THE PARK. VIOLATORS MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. Section 1. GENERAL PUBLIC Any group or gathering may use certain designated areas within Commission Property to the exclusion of others by making application, depositing a fee, and being granted a permit by a Park Supervisor or his or her designated representative of the Commission. Section 2. HOURS No person shall remain on Commission Property between darkness (30 minutes after sunset) and 7 a.m., except at designated areas. Provided, however, that upon application to the Commission or its authorized agent said hours may be extended. No person shall enter Commission Property that is closed to the public. Section 3. FEES AND CHARGES No person or entity shall use any Commission Property for which a fee/charge has been established by the Commission without payment of such fee or charge, unless authorized in writing by the Commission. Section 4. PERMITS 1. Application for a permit to reserve Commission Property shall be made upon forms furnished by the Commission. 2. In the event more applications to reserve Commission Property are received than space is available, such applications shall be considered in the chronological order received. 3. Users of reserved Commission Property shall comply with all rules of the Commission relating to use and conduct on Commission Property. 4. No erection, construction or maintenance shall be made above or below ground, across or beneath the Commission Property by any person, firm or corporation without first having obtained written permission from the Commission authorizing such installation or construction and a permit specifying in detail the work to be done and the conditions to be fulfilled to the terms of such approval. 5. Notwithstanding any of the provisions hereof, the Commission may, upon written application, grant specific use permits for special uses when in the opinion of the Commission special consideration is warranted. Section 5. E7:-.ERGENCY POWERS Nothing in these rules shall: 1. Prohibit or hinder duly-authorized agents of the Commission or any peace officers from performing their official duties. 2. Prohibit the Commission or Park Supervisors from establishing emergency rules required to protect the health, welfare, and safety of park visitors, protect park property, and maintain order. 2 Section 6. SWIMMING, BATHING AND WADING No person shall: a. Swim, bathe, wade or scuba dive in any of the watercourses, lakes, ponds, or sloughs located within or upon Commission Property except at such times and places as may be provided or designated for such purpose. Persons must abide by posted swim rules. b. Carry any food or beverage of any kind or have in their possession any glass or metal container on any beach or in the water adjacent thereto. c. Use any flotation devices, inflatable or otherwise, in any watercourses, lakes, ponds, or sloughs on Commission Property, except in specifically designated areas where posted. 2. Public indecency is prohibited on Commission Property. Persons on Commission Property shall not intentionally or recklessly do any of the following: a. Expose his or her private parts, including buttocks, with less than a full opaque covering; b. Engage in any actual or simulated sex act; or c. Violate any Michigan statute provision relating to nudity and/or public indecency. 3. General Waterpark Rules and Information a. Waterparks are smoke-free and alcohol-free facilities. Alcoholic Beverages are also not permitted in waterpark parking lots. b. Glass or met-I containers are prohibited inside the waterparks. c. Lifejackets, tubes, chairs, shaded areas, and charcoal grills are provided on a first-come, first-served basis. Tubes must remain in the pool area and may not be taken to picnic areas. Chairs may be used by waterpark patrons who are present in the waterparks. Chairs may not be held for anticipated patrons. d. Outside inflatables, chairs, umbrellas, tents, and/or grills are prohibited except that waterpark patrons may bring their own personal flotation devices which must be United States Coast Guard approved with the stamped seal. e. Balls and/or Frisbees are not permitted inside the waterparks. f. Only personal radios are allowed in the park and may only be listened to via headphones. Playing a stereo/radio with speakers is not allowed. g. Proper swim attire must be worn in all waterparks. Proper swim attire is defined as commercial swimsuit with a built-in liner. h. Waterpark patrons must follow all other waterpark posted rules and procedures. (A full listing of waterpark rules may also be found on-line.) Section 7. CAMPING A. FAMILY AND SINGLE CAMPS 1. Registration - Upon arrival at the park, the park patron shall register for and receive a permit for a campsite. 2. Permits — A campsite permit may be issued for not more than 31 consecutive nights, but may be renewed. Only one permit per campsite is issued. 3 3. Camper Vehicle Permit - Every vehicle registered must display the vehicle permit on the driver's side of the windshield while the vehicle is in the park. 4. Assignment of Sites - All campers are assigned to a campsite. Site changes must be approved by the park supervisor. 5. Parking of Trailers - The tongue of camping trailer hitch must face the road: This allows for quick removal in case of fire or to prevent "boxing in" trailers. 6. Occupancy of Campsite a. Campsites are limited to immediate family or up to four single persons ages 18 years or older. b. Any child under age 18 must be accompanied by a parent or legal guardian. Children shall not be left unattended. c. Only one camping trailer and one tent OR only two tents and no trailer will be permitted per campsite. No more than two vehicles are allowed per campsite. d. Campers must erect their shelter immediately after registration and occupy the campsite. e. Campers shall not do any of the following: (1) allow other persons to use their campsites; (2) register a campsite for another person; (3) or transfer campsite or vehicle permits and equipment. f. Campsites shall not be left unoccupied more than 48 hours after initial registration. 7. Reservations - Select campsites are available for reservations. Campsites will be available on a "first-come, first-served" basis based upon registration activity. 8. Check-Out Time — Campers must check out by 3 p.m. on the date the campsite permit expires. Campers desiring to remain in the park after this time must break camp and move all equipment from the campground to the day-use parking lot. 9, Renewals — Campers may request renewal of a campsite permit at the contact station by 10 a.m. on the date the permit expires. The renewal may be granted if space is available. 10. Rain checks — A rain check for a campsite may be requested and must be approved by the park supervisor. Rain checks are given in the sole discretion of the Park Supervisor. They will be honored any day during the same year issued. 11. Visitors - All visitors must pay the day-use entrance fee. Vehicles will be parked in the day-use lot or designated parking areas. No visitors will be allowed in the park between darkness (30 minutes after sunset) and 7a.m. 12. Quiet Hours - Observed 11 p.m.-7 a.m. All campers must stay at their own campsites after 11 p.m. No walking or driving through the campgrounds after 11 p.m. will be allowed except directly to/from the restrooms. No power generators shall be operated 11 p.m.-7 a.m. 13. Pets — Notwithstanding any other Park Rule, household pets are permitted at campgrounds if confined on a leash not exceeding six feet 4 in length or if confined to a tent or camping trailer. No pets will be permitted in the beach area, picnic ground or any building, pavilion or waterway. All other Park Rules applicable to animals must be followed. 14. Water Outlets - Available to obtain water for use at campsites only. Washing of vehicles, dishes, clothes, pets or your person at these outlets is prohibited. No hose will be permanently attached to any water outlet. 15. Waste Water - All grey/waste water must be disposed of at the designated dump station(s). 16. Emergencies - If campers are expecting an emergency message, they should register their name and campsite number at the contact station. 17. Clotheslines - Must be removed at sundown. At no time shall a clothesline or any other line be attached to any electrical or lot posts, trees, fences, etc. 18. Trash — Trash is to be placed in receptacles provided for that purpose. Campsites are to be kept clean. Trash will be picked up each morning. Check with the park staff to find out the exact time. 19. Large Electrical Appliances — Refrigerators and other large electrical appliances are not permitted outside trailers. B. CABIN & YURT RENTAL 1. Smoking is not allowed in any cabin. 2. Cooking is not permitted inside cabins. 3. Gas or electric portable heaters are not allowed inside or around the cabins. 4. Cabins must be cleaned before leaving and left in the same condition as found. 5. No tents allowed at cabins. 6. Occupancy limited to cabin capacity. 7. All campers must follow all other camping rules contained in this section. C. ORGANIZED CLUB/GROUP CAMPING 1. All campers must follow all the above camping rules. 2. A group or organization will be assigned to designated group areas only through advance reservation. 3. Any club or group member wishing to stay longer than the club's or group's expiration day must first check with the park supervisor to be sure another club will not be coming into the area, then register individually at the contact station. 4. Visitors - Must pay the day-use park fee and leave by sunset. 5. Groups of campers will be required to share pavilion with other groups or organizations in same area. 6. All campers must follow all other camping rules contained in this section. 5 D. YOUTH ORGANIZATION CAMP 1. A Youth organization camp is a group of youth under the age of 17, who are members of a recognized organization, camping with their adult (age 18 years or older) leaders. 2. Youth organization camp area must be reserved in advance. 3. Campers will be placed in an organized campground area. Each group must have one adult leader for every five youths. 4. Youth organization camp shall have tent camping only, unless a trailer or camper will be used as a first aid station or headquarters. 5. No trenching around tents. No ground fires are permitted unless in designated fire circles. 6. All campers must follow all the above camping rules. Section 8. BOATING No person shall bring into, use or navigate any boat, yacht, canoe, raft or other watercraft upon any Commission Property except at such time or place as may be provided or designated for such purpose. All watercraft shall comply with and be used in compliance with Public Act 303 of the Public Acts of the State of Michigan, of 1967 as amended, and such regulations as may be adopted under the authority of the act. Air mattresses, inner tubes and other flotation devices are prohibited except in designated swimming areas. Belly boats and other specialty flotation equipment may be used. United States Coast Guard approved individual flotation jacket or vest must be properly worn by all occupants. No gasoline powered watercrafts are allowed on any Commission Property unless authorized by the Commission. Electric motors are not to exceed 24 foot pounds of thrust/24 volt system. Section 9. MOTOR-DRIVEN VEHICLES 1. No person shall operate a motor-driven vehicle of any kind or nature, including but not limited to any motor driven sled, toboggan, or snowmobile, trail bike, or all- terrain vehicle on Commission property, except on designated roads and parking areas. 2. No person shall operate off-road recreational vehicles on Commission Property, except on designated roads and parking areas. 3. No person shall operate a motor-driven vehicle on any park road at a speed exceeding 20 miles per hour or at any speed greater than that posted. 4. The driver of any vehicle shall yield the right of way to any person riding a horse on marked bridle paths where such bridle paths cross streets or roadways. 5. No person shall violate any provisions of Motor Vehicle Act 300 of the Public Acts of 1949. 6. Pursuant to the Americans with Disabilities Act of 1990 and its regulations, the Commission has authorized persons with mobility disabilities to use certain types of Other Power-Driven Mobility Devices (OPDMD) on park trails. To determine if any particular OPDMD is approved, visit www.destinationoakland.com or call 1-888-0CPARKS. 6 Section 10. PARKING IN PROHIBITED AREAS 1. It shall be unlawful for the operator of a vehicle to stop, stand or park said vehicle in any place marked as a passenger or loading zone, other than for the expeditious loading or unloading of passengers or for the unloading and delivery or pick up and loading of materials. 2. It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle upon any roadway or in any parking area in such manner as to form an obstruction to traffic thereon. 3. It shall be unlawful for the operator of a vehicle to stop, stand or park said vehicle in any area not designated for such purposes. Section 11. OPERATION OF BICYCLES 1. Bicycles shall be operated as closely to the right-hand side of the path, trail or roadway as conditions will permit and not more than two bicycles shall be operated abreast. 2. It shall be unlawful for the operator of a bicycle, on Commission property, to carry any person upon the handlebar or frame of the bicycle. 3. Bicycles may be operated upon such paths, trails, or roadways as may be posted allowing such use; provided, however, no such use shall be allowed between sunset and 7 a.m. 4. Bicyclists must yield to slower moving trail traffic, such as equestrians and pedestrians. Bicyclists must also verbally announce their presence, with a statement such as "passing on your left!" before passing other trail users. Section 12. SKATING AND COASTING,-,ND SKIING 1. No person shall use roller skates, in-line skates or skateboards within or upon Commission Property, except at such times and at such places as may be designated or maintained therefore. 2. The skateboarding area at Groveland Oaks County Park is open to children and persons of all ages. Parents shall be in attendance and supervise their children at all times. NO food or beverages allowed inside the fenced area. 3. Users must be under control at all times. Uncontrolled skating activities that endanger others will result in ejection from the skateboarding area. NO bicycles allowed inside the skateboarding area. This area is for the use of skateboarding only. All other uses prohibited. 4. No person shall, within or upon Commission property, skate, sled, or go upon any ice, snowshoe, or ski, except at such times and at such places as may be designated or maintained therefore. 5. No person shall, within or upon Commission property, coast with hand sleds, bob sleds, carts, or other vehicles on wheels or runners except at such times and places as may be designated or maintained therefore. 7 Section 13. PERSONAL CONDUCT 1. It shall be unlawful for any person to be under the influence of intoxicants, narcotics, or other mind-affecting drugs, or to engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton, obscene or otherwise disorderly conduct tending to create a breach of the peace or to disturb or annoy others, while in or on any Commission Property. 2. It shall be unlawful to conduct or to participate in any form of gambling, lottery or game of chance upon Commission property except as permitted by state law and approved by the Commission. 3. Any park patron who violates any Park Rule may be ejected from Commission Property, without a refund or rain check, by Park personnel. Section 14. ro'iETAL DETECTORS Metal detectors will be allowed in the picnic, campground, and general park area. With permission from the park supervisor, metal detectors will be allowed in the beach area when the beach has been closed to the public. The use of metal detectors in the water will be done by a group of volunteers approved through the Commission's Chief of Operations and Maintenance—North or South District. Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE Sound-amplifying equipment, loudspeakers, or public address systems are prohibited unless written permission is given by the Commission. It is also prohibited to operate a motor vehicle, radio, television, large electrical appliance, refrigerator, or any device in a manner that produces excessive noise. Section 16, PUBLIC EXHMITION No person shall exhibit any machine, display, animal, perform any acrobatic exhibitions, carry on any performance, or do anything whatsoever on Commission Property which shall cause persons to congregate so as to interfere with the proper use of such property by the general public or to obstruct the passage of vehicles or persons, without first having obtained written permission from the Commission. Section 17. FISHING 1. Fishing will be permitted within or upon Commission property in accordance with the laws of the Michigan Department of Natural Resources in such areas designated for such purposes. All shanties must comply with the State of Michigan Fishing Laws. 2. Upper Bushman Lake at Independence Oaks-North County Park has been designated as a Special Regulation Catch-and-Release-Only Fishery by the Michigan Department of Natural Resources (MDNR) Fisheries order 244. 8 Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS No person shall: 1. Cut, remove, or destroy any tree, sapling, seedling, bush or shrub, whether alive or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any tree or shrub on Commission Property, or pick, gather, uproot, remove or destroy any flower, plant or grass without the Commission's written approval. 2. Remove or cause to be removed any seeds, sod, earth humus, peat, boulders, firewood, gravel or sand on Commission Property without the Commission's written permission. Section 19. UTTERING AND POLLUTION OF WATERS It shall be unlawful: 1. To discard or deposit refuse of any kind or nature in or upon the Commission Property except by placing said refuse in containers provided for such purpose. 2. To throw, cast, lay, drop or discharge into or leave in any Commission property any substance, matter of thing, liquid or solid, which may or shall result in the pollution of said property. Section 20. FIRES 1. No person shall willfully set or cause to be set on fire any tree, woodland, brush land, grassland or meadow upon any Commission Property unless authorized by the Commission. 2. No person shall build any fire upon Commission Property except within the fireplace, receptacles or open spaces approved and designated by the Commission for such purposes. 3. No person shall drop, throw or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco, paper or other flammable material within or upon any Commission Property unless authorized by the Commission. 4. No pallets, treated wood or other noxious materials are to be put in campfires. Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS AND OTHER PROPERTIES No person shall upon Commission Property: 1. Willfully destroy, deface, alter, change or remove any monument, stone marker, bench mark, stake, post or blaze, marking or designating any boundary line, survey line, or reference point. 2. Cut breaks, mark upon or otherwise injure any building, equipment, bridge, drain, wall, fountain, lamp post, fence, gate, hedge, or other structure. 3. Deface, destroy, or remove any placard, notice or sign, whether permanent or temporary, posted or exhibited within or upon Commission Property. 4. Appropriate, excavate, injure or destroy any historical or pre-historical ruin or any object of antiquity, without the Commission's permission. 9 Section 22. CONTRABAND All game animals, fowl, birds, fish and other aquatic life, hunted, killed, taken or destroyed, bought, sold, bartered or had in possession, contrary to any of the provisions hereof, shall be declared to be contraband and shall be turned over to the Michigan Department of Natural Resources for disposal. Provided further, any weapon or object carried or used by any person in violation of these rules, shall be subject to seizure by the Commission or its agents to be disposed of according to law. Section 23. FIREARMS The use, possession, and carrying of firearms on Commission Property shall be governed by federal, state and local law. Section 24. FIREWORKS No person shall fire, discharge or have in his or her possession any rocket, firecrackers, sparklers, torpedo, squib, floating sky lanterns or other fireworks or any substance of an explosive or dangerous nature within or upon the Commission Property unless the Commission or its authorized agent shall have authorized same by the issuance of a permit therefore. Any permit issued hereunder shall not relieve a person desiring to use fireworks from obtaining the necessary permits as required by law from the local governing authority wherein the Park is located. Section 25. PEDDLING AND SOLICITING It shall be unlawful for any person to peddle or solicit business of any nature whatsoever, or to distribute handbills or other advertising material, to post unauthorized signs on any Commission Property unless first authorized by the Commission in writing. Section 26. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMI-GROU NDS It shall be unlawful to continuously walk into or cruise in any motor-driven vehicle in, through and around campgrounds for the purpose of attracting or distracting persons or visitors using campsites - or for the purpose of using a boat ramp, beach building or other camping facility, except registered campers or bona fide visitors to a specific registered camp. Section 27. ANIMALS AND BIRDS 1. It shall be unlawful for any persons while upon or within Commission Property to: a. Bring, drive or lead any animal onto Commission Property; except as otherwise provided in these Park Rules or except if prior written permission is received by the Park Supervisor. b. Cause any animal or fowl to run at large. c. Torture, ill-treat or neglect any animal or fowl. d. Dispose of or set free any wild or domestic animal upon Commission Property unless authorized by the Commission or the Park Supervisor. 10 2. Notwithstanding any other Park Rule, persons may bring their service animals upon or within any Commission Property. 3. Persons may bring dogs, which are on a leash (not longer than six feet) where posted, on trails, or to dog parks. 4. Dog Parks — Dog Parks have been designated by the Commission for the purpose of exercising dogs off leash. While in the areas, all dogs and their owners or caretakers must obey the posted rules, including: a. Keep dogs on leash until inside enclosure; b. Maximum of two dogs per visitor; c. Dogs must have current license, up-to-date vaccinations, and respond to voice commands; d. No dogs under four months of age; e. Dogs must be accompanied by an adult (age 18 or older) at all times, even inside enclosures; f. Dog owners or caretakers are responsible for pets at all times; g. Those creating problems will be asked to leave. Off-leash does not mean out of control; h. Owners or caretakers must clean up pet droppings; bags provided on site; i. Lake Sixteen access at Orion Oaks is for dogs only; and j. The owner or caretakers will assume full responsibility for all pets brought lawfully or unlawfully onto park property. 5. Dog Bites - All dog bites must be reported immediately to the park supervisor or Oakland County Sheriff's Office deputy who will contact Oakland County Animal Control. The dog must then be confined until the Oakland County Sheriff's or Park Personnel arrive at the scene. 6. If animals are brought onto Commission Property, as permitted by these Rules, the animals shall have all required vaccinations, owners or caretakers shall clean-up after their animals, and animals shall not be left unattended. Section 28. TREATMENT OF ANIMALS AND BIRDS 1. No person shall hunt any animal in or upon any Commission Property unless authorized by the Commission. 2. No person shall trap, catch, wound, kill or attempt to trap, catch, wound or kill any bird or animal or rob any nest, lair, den or burrow of any animal in or upon any Commission Property, unless authorized by the Commission. a. Hunting — The use of firearms is prohibited unless authorized by the Commission. All hunting will be in accordance with the laws of the Michigan Department of Natural Resources. All hunters must also abide by any additional rules established by the Commission. b. Trapping — Trapping of animals is permitted on Commission Property as posted in specific areas and at selected Parks. All trapping will be in accordance with the laws of the Michigan Department of Natural Resources. All trappers must also abide by any additional rules established by the Commission. c. Snakes and Snake Bites — Snakes shall not be harmed or killed. All snake bites must be reported immediately to 911. Snake bite victims must seek 11 immediate medical attention and provide bite incident details to the Park Supervisor or Park Natural Resources Planner. Section 29. HORSES 1. it shall be unlawful for any person to ride, lead or cause a horse to be upon any Commission Property except on specifically designated and posted areas, bridle paths or by permit on field trail areas. 2. It shall be unlawful for any person to ride a horse in a careless, negligent or reckless manner so as to create a nuisance or to endanger the life, property or persons of others on any Commission Property. Section 30. LIVESTOCK No person shall drive or cause to be driven any horses, cattle, sheep, goats, swine, or other livestock upon or across any Commission Property unless approved by the Commission. Section 31. HOT AIR BALLOONS, AIRPLANES AND PARACHUTES No person shall make any ascent in any hot air balloon, airplane or ultra-light, or any descent in or from any hot air balloon, airplane or parachute on any Commission Property unless authorized in writing by the Commission. Section 32. UNLAWFUL OBSTRUCTION No person, firm or corporation shall by force, threats, intimidations, unlawful fencing, enclosing or by other means, prevent or obstruct any person from entering, leaving or making full use of any Commission Property. Section 33. HINDERING EMPLOYEES No person shall interfere with, or in any manner hinder, any employee or agent of the Commission while performing his official duties. Section 34. RESISTING PARK EMPLOYEES No person shall interfere with any park employee in the discharge of his or her duties; or fail or refuse to obey any lawful command of any park employee. Section 35. IMPERSONATION OF PARK EMPLOYEES No person shall impersonate any employee or contracted employee of the Commission for any reason whatsoever. Section 36. FINES AND IMPRISOArENT Any person violating any provision of the Park rules shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 and costs of prosecution, or imprisoned in the Oakland County Jail for a period not exceeding 90 days, or both, for each offense. 12 Section 37. SPECIAL USE AREAS Special use areas will have posted Commission rules and regulations specific to the area's use and users' conduct. Areas include, but are not limited to: beaches; waterparks; bicycle motocross track; dog parks; disc golf course; golf; driving range; cross-country ski trails; mountain biking; etc. Section 38. FREE SPEECH Parks are traditional public forums that citizens may use for purpose of assembly, communicating thoughts, discussing public questions and protests. Peaceful assemblies, public demonstrations and other types of protests are permissible except where such activity will do the following: 1. Disrupt scheduled events at or on Commission Property; 2. Create a hazard to Commission Property; 3. Physically interfere with other park visitors' use of Commission Property; or 4. Block traffic or block the path of others using Commission Property. "Disrupt," as used above, does not include peacefully holding a protest sign at a public meeting or acting in a manner that does not prevent others from participating in a scheduled event at or on Commission Property, or that does not create a hazard to the health, welfare and safety of park visitors, or that does not destroy or damage Commission Property. If a planned assembly or public demonstration on Commission Property can be reasonably anticipated to disrupt, create a hazard, physically interfere, or block traffic or the path of other visitors, as specified above in numbered paragraphs 1-4, organizers of such activities shall provide two business days' notice to the Commission. Speech may not be restricted based on content or views expressed, except that the speakers may not: 1. Use fighting words, which are words that their very utterance tend to incite an immediate breach of the peace; 2. Threaten to physically harm others; or 3. Engage in obscene speech or conduct as that termed is defined by MCL 752.362(5). Organizers must also comply with all other governmental requirements, including these Parks Rules, for conducting such assemblies or public demonstrations. Section 39. PHOTOGRAPHY AND VIDEO AND AUDIO RECORDING Photography and Recording Requiring a Permit. Persons may take still photographs or video or audio recordings on Commission Property without first obtaining a written permit from the Commission unless any of the following apply: 1. The photographs or recordings are being taken for the purpose of advertising a product or service; 13 2. The photographs or recordings involve professional or amateur casts, props, models, or crews, other than bona fide news media personnel covering a news event that cannot be covered at any other time or at any other location; 3. The project requires access to Commission Property that is closed or restricted to the general public; and 4. The project carries substantial risk of damaging Commission Property, disrupting park visitors, disrupting park operations, or compromising public health and safety regulations already covered by law. Section 40. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES 1. Consumption of Alcoholic Beverages on Commission Property: Alcoholic Beverages may be brought into and consumed on Commission Property by Park patrons subject to the following: a. Individuals who bring and consume Alcoholic Beverages on Commission Property are responsible for their own actions as a result of consuming Alcoholic Beverages and must be in compliance with all laws and Park rules and regulations. b. No person under the age of 21 may consume or purchase Alcoholic Beverages on Commission Property. In the event that any underage drinking is suspected, the Oakland County Sheriff's Office and/or the local police department will be immediately notified. c. No Alcoholic Beverages are permitted at Park beaches, waterpz:r°„ or waterpark parking lots. d. Park patrons shall not bring Alcoholic Beverages to Park Golf Courses and Park banquet facilities including the parking lots for these areas where a license, from the Michigan Liquor Control Commission (MLCC), to sell Alcoholic Beverages is in place. e. Keg beer is not allowed at or on Commission Property, unless served by a caterer or entity approved in writing by the Park Supervisor. f. When a person or entity reserves and uses Commission Property, the consumption of Alcoholic Beverages at such facility or property shall also be governed by the written agreement which provides for the use of the Commission Property. 2. Sale of Alcoholic Beverages on Commission Property: the sale of Alcoholic Beverages within or on Commission Property is prohibited, subject to the following two exceptions: a. At formally established concession and banquet facilities operated by, or under contract with, the Commission. The contract with the Commission shall address all aspects of the sale of Alcoholic Beverages, including licenses, liability and insurance. b. At events that meet all of the following requirements: 1. An application for such purpose shall have been submitted to and approved by the Commission, and 2. The applicant must be an established non-profit, charitable entity which meets the following requirements: 14 a. Has actively functioned in Oakland County for at least two years b. Is recognized as having provided substantial benefit in the interest of the public in Oakland County, and c. The Commission has determined in the exercise of its reasonable discretion, based on the available evidence, that the proceeds from the approved sale of alcohol will be used primarily to serve the interests of the public in Oakland County; and 3. The applicant has secured licensure from the MLCC and has provided written evidence of such licensure; and 4. The applicant has secured all insurance for the event as required by the Oakland County Department of Risk Management; and 5. The event will be short term; and 6. The event is primarily expected to be attended by adults, and any minors expected to attend will, for the most part, be in the presence of their parents or affiliated adults. DEFINITIONS 1. "Commission" shall mean the Oakland County Parks and Recreation Commission or its Executive Officer. 2. "Commission property" shall mean all lands, waters and property administered by or under the jurisdiction of the Oakland County Parks and Recreation Commission. 3. "Person" or "persons" shall mean individuals, male or female, singular or plural; firms, corporations, or any group or gathering of individuals. 4. "Camping" means the overnight lodging or sleeping of person or persons in a tent, trailer—coach, vehicle camper, motor vehicle, or in any other conveyance erected, parked or placed on the premises within any park or recreation area administered by the Oakland County Parks and Recreation Commission. 5. "Rules" shall mean the rules adopted by the Oakland County Parks and Recreation Commission applicable to all property administered by or under the jurisdiction of the said Commission and all amendments thereto. These rules are enforced in compliance with State of Michigan Public Act 261. 6. 'Alcoholic Beverages" refers to products of distillation of any fermented liquid whether or not rectified or diluted with water or other liquid, including beer, wine and liquor, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. (refined based on the definition contained in the Michigan Liquor Control Act, Act 58 of 1998; MCL 436.1105(1)) 15 Resolution #13007 January 23, 2013 Moved by Dwyer supported by McGillivray the resolutions on the amended Consent Agenda be adopted. AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 23, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 23rd day of January, 2013. Aget/ Lisa Brown, Oakland County