HomeMy WebLinkAboutResolutions - 2017.03.15 - 22806MISCELLANEOUS RESOLUTION # 17047 March 15, 2017 BY: Commissioner Christine Long, Chairperson, General Government Committee
RE: BOARD OF COMMISSIONERS — ADOPTION OF COUNTY ORDINANCE #31, AN ORDINANCE
TO PROTECT PUBLIC SAFETY OPERATIONS, INFRASTRUCTURE SUPPORTING PUBLIC SAFETY
OPERATIONS, AND CRITICAL INFRASTRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners are authorized by statute to adopt ordinances that relate to
County affairs; and
WHEREAS to profect public health, safety, and welfare of the citizens of Oakland County, the Board of
Commissioners concludes that access to County owned or leased property that house public safety
operations, infrastructure supporting public safety operations, and critical infrastructure should be limited ;
and
WHEREAS the Board of Commissioners has welcomed citizen input and conducted a public hearing in
accordance with the requirements of the Standing Rules of the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts
Ordinance #31:
THE COUNTY OF OAKLAND ORDAINS:
ORDINANCE #31-- AN ORDINANCE TO PROTECT PUBLIC SAFETY OPERATIONS,
INFRASTRUCTURE SUPPORTING PUBLIC SAFETY OPERATIONS, AND CRITICAL
INFRASTRUCTURE
1. PURPOSE AND APPLICATION.
Being necessary to protect public health, safety, and welfare, the County of
Oakland ("County") adopts this ordinance pursuant to Sections 10b and 11 of
Public Act 156 of 1851, MCL 46.10b and MCL 46.11, to limit access to areas
of County owned or leased property that house public safety operations,
infrastructure supporting public safety operations, and critical infrastructure.
2. DEFINITIONS,
2.1. "Authorized Persons" means persons who have prior approval to enter
Restricted County Property granted by the elected official or head of the
County Office or Department, which is responsible for providing, operating,
managing and/or maintaining public safety operations, infrastructure
supporting public safety operations or critical infrastructure.
2.2. "Critical Infrastructure" means property, equipment, or systems (physical or
virtual) that are: (1) owned or leased by the County and are so vital that their
destruction would have a debilitating impact on the public health, safety and
welfare of the citizens of the County and (2) expressly or impliedly mandated
or authorized by constitution, statute, local charter or ordinance, or other law.
2.3. "Public Safety Operations" means: (1) first responder or law enforcement
services or functions that are expressly or impliedly mandated or authorized by
constitution, statute, local charter or ordinance, or other law or (2) services or
functions performed by the Oakland County Department of Homeland Security
or successor department that are expressly or impliedly mandated or
authorized by constitution, statute, local charter or ordinance, or other law.
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
2.4. "Restricted County Property" means any property, buildings, and/or structures
or any part or area thereof: (1) that are owned or leased by the County, (2)
that house public safety operations, infrastructure supporting public safety
operations or critical infrastructure, and (3) that are clearly and physically
marked and/or posted as "Restricted County Property."
3. ENTRY TO RESTRICTED PROPERTY. Only Authorized Persons shall enter
Restricted County Property.
4. PENALTIES.
4.1. Violation of Ordinance. Any person found to be in violation of this Ordinance
shall be punishable by a fine of not more than $500 or imprisonment for not
more than 90 days, or both.
4.2. Violation of State or Local Law. Any person found to be in violation of state or
local law, regulation, or ordinance related to unauthorized entry of Restricted
County Property may be subject to the civil and/or criminal penalties provided
by that law, in addition to the penalties provided herein.
5. CONSTRUCTION/SEVERABILITY. If any part of this Ordinance is
adjudicated to be unlawful, such part shall be deemed severable and invalid,
and shall not affect the validity of the remaining parts of this Ordinance.
6. HEADINGS. Section and subsection numbers and heading for such are
intended for the convenience of the reader and are not intended to have any
substantive meaning and shall not be interpreted to limit or modify any
substantive provisions of this Ordinance.
7 CHANGES TO STATE LAW. Any changes to state law which modify the
requirements in this Ordinance shall supersede the requirements of this
Ordinance, upon the effective date of the law.
8. EFFECTIVE DATE. This Ordinance shall be effective immediately as
provided by law and the Standing Rules of the Board of Commissioners.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
ordinance.
0,0 L
Commissioner Christine Long, District/4
Chairperson, General Government Committee
Resolution #17047 March 15, 2017
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 March 15,
2017, 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 15th day of March, 2017.
Lisa Brown, Oakland County
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