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HomeMy WebLinkAboutResolutions - 2018.03.08 - 23344MISCELLANEOUS RESOLUTION #I8068 March 8, 2018 BY: Philip Weipert, Chairperson, Planning and Building Committee IN RE: PARKS AND RECREATION COMMISSION — 2018 REVISIONS TO THE 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; and WHEREAS P.A. 261 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; and WHEREAS the Oakland County Parks and Recreation Commission approved the revisions to the General Information Rules and Regulations as reviewed by Oakland County Corporation Counsel at their meeting on February 7, 2018. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the 2018 revisions to the Oakland County Parks and Recreation Department Rules and Regulations, as attached. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Commissioner Philip J. Weipert, District #8 Chairperson, Planning and Building Committee PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Dwyer absent. Oakland County Parks and Recreation General Information & Regulations OaklandCountyParks.corn Contents Page 11 GENERAL PUBLIC Section 12. HOURS 34 Section 23. FEES AND CHARGES 34 Section 34. PERMITS 31 2 Section 45. EMERGENCY POWERS 32 Section 54. SWIMMING, BATHING AND WADING 42-3 Section 67. CAMPING 4-6 Section 78. BOATING 6-77 Section 89. MOTOR-DRIVEN VEHICLES 7-8 Section 940. PARKING IN PROHIBITED AREAS 78 Section 104. OPERATION OF BICYCLES 78 Section 112. SKATING AND COASTING AND SKIING 8-9 Section 123. PERSONAL CONDUCT 8940 Section 134. METAL DETECTORS 840 Section 145. USE OF LOUDSPEAKER/EXCESSIVE NOISE 840 Section 156. PUBLIC EXHIBITION 8-940 Section 167. HUNTING, FISHING AND TRAPPING 910 11 Section 178. DESTRUCTION OF PLANT LIFE AND NATURAL -SURROUNDINGS 9-1014 Section 189. LITTERING AND POLLUTION OF WATERS 104 Section 1929. FIRES 101 12 Section 204. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS- AND OTHER PROPERTIES 102 Section 212. CONTRABAND 112 Section 223, FIREARMS 112 Section 234. FIREWORKS 113 Section 245. PEDDLING AND SOLICITING 113 Section 256. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMPGROUNDS Section 267. ANIMALS AND BIRDS Section 28. TREATMENT OF ANIMALS AND BIRDS Section 2789. HORSES Section 28930. 11-13 13 15 15 136 LIVESTOCK 136 Section 29404. REMOTE CONTROLUNMANNED AIRC RAFTS, HOT AIR BALLOONS, AIRPLANES AND PARACHUTES 136 Section 3042. UNLAWFUL OBSTRUCTION 136 Section 3123. HINDERING EMPLOYEES 136 Section 3234. RESISTING PARK EMPLOYEES 147 Section 3345. IMPERSONATION OF PARK EMPLOYEES 147 Section 3456. FINES AND IMPRISONMENT 147 Section 3567. SPECIAL USE AREAS 143 Section 3678. FREE SPEECH 14-157-48 Section 3749. PHOTOGRAPHY AND VIDEO AND AUDIO RECORDING 158-49 Section 38490. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES 15- 169-20 Page 2 (12-12-17- Redlined Draft) 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 0412/17. Page 3 (12-12-17- Redlined Draft) 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 Section 12. 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 23. 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 or other written agreement or permit. Annual park passes must be permanently affixed to vehicle windshield; each vehicle is required to have a separate pass. Section 34. •RERMITSUSE/RESERVATION OF COMMISSION PROPERTY I Persons or entities may reserve for their exclusive use, Commission property which is open to the public. Application fe-r-a-parm-it-to reserve Commission property for exclusive use, e.g., to hold special events, tournaments, or races, shall be made upon forms furnished by the Commission. Persons reserving Commission property for exclusive use will be expected to sign an agreementA1/4-p-e-Fm-it. Permits/ Agreements for more than seven days must be approved by the Commission. Permits/-Agreements for seven days or less may be approved by the Commission Executive Officer, pursuant to Commission policies. 2. In the event more applications to reserve Commission property are received than space available, such applicants shall be considered in the chronological order received. 3. Users of reserved Commission property shall comply with all rules and policies of the Commission relating to use and conduct on Commission property. 4. Persons reserving Commission property may not erect or construct anything above, across or beneath the Commission property without first having obtained written permission from the Commission authorizing such erection or construction. 5. Notwithstanding any of the provisions hereof, the Commission may, upon written application, grant specific-use permits/agreements for special uses when in the opinion of the Commission special consideration is warranted. Section 45. EMERGENCY POWERS Nothing in these rules shall: Page 4 (12-12-17- Redlined Draft) 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 patronvisitors, protect park property, and maintain order. Section 56. SWIMMING, BATHING AND WADING 1. 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 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 inelcconc-yKnowingly making any open or indecent exposure of his or her person or of the person of another, as provided under state law, is prohibited on Commission property. B-115-941-*70-111-FIR cm oronera 1 ao any following: Expose his or her private paqs, including buttocks, with less than a full opaque covering; ga-9- Violate any Michigan statute provision relating to nudity and/or public indecency. General Waterpark Rules and Information 1. Water R-s-merce a-tee-RE • prohibitcd. Alcoholic beverages are also not permitted in waterpark parking lots. 2,1. Glass containers are prohibited inside the waterparks. Lifejackets, tubes, chairs, tables, 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 and tables may be used by waterpark patrons who are present in the waterparks. Chairs and tables may not be held for anticipated patrons. 473. Outside inflatables, chairs, umbrellas, tents, and/or grills are prohibited except that waterpark patrons may bring in hand-held umbrellas used for sun protection and their own personal flotation devices, approved by which must be the United States Coast Guard appfeved with the stamped seal. 5:4. Balls and/or Frisbees are not permitted inside the waterparks. 6,5. 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. 76. Proper-swim attire mu • • - . - - ecr swim attire is defined as a commercial s . • ep-a-Fime-ROSwim attire worn by Waterpark patrons must comply with all local and state laws, rules, and regulations. Page 5 (12-12-17- Redlined Draft) VVaterpark patrons must follow all other waterpark posted rules and procedures. (A full listing of waterpark rules may be found online at OaklandCountyParks.com .) Section 67. CAMPING 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. 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. There is a limit of two vehicles per campsite. 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 the 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 an immediate family or up to four single unrelated 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.Ne-mere than two vehicles are allowed per campsite, d 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. Feg-istra than, 7. Reservations. Select campsites are available for reservations. Campsites will be available on a "first-come, first-served" basis based upon registration activity. Select campsites are available for reservations. 8. 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. 9. Rain checks. A rain check for a campsite may be requested and must be approved by the Ppark Ssupervisor. Rain checks are given at the sole discretion of the Park Supervisor.They will be honored any day during the same year issued. 10 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 9 p.m. and 7 a.m. 11 Quiet Hours. Observed 11 p.m.-7 a.m. All campers must sty 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. Page 6 (12-12-17- Redlined Draft) 12. Water Outlets. Available to obtain water for use at campsites only. Washing of vehicles, dishes, clothes, animals,p-et-s or your person at these outlets is prohibited. No hose will be permanently attached to any water outlet. 13.Waste Water. All grey/waste water must be disposed of at the designated dump station(s). 14. Emergencies. If campers are expecting an emergency message, they should register their name and campsite number at the contact station. 15. Clotheslines. Clotheslines mklust 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. 16.Trash. Trash shall-1 e be placed in receptacles provided for that purpose. Campsites are toshall be kept clean. 17. Large Electrical Appliances. Refrigerators and other large electrical appliances are not permitted outside trailers. CABIN & YURT RENTAL 1 Smoking is not allowed in any cabin or yurt. 2. Cooking is not permitted inside cabins or yurts. 3. Gas or electric portable heaters are not allowed inside or around the cabins or yurts. 4. Cabins and yurts must be cleaned before leaving and left in the same condition as found. 5. No tents allowed at cabins or yurts. 6. Occupancy limited to cabin or yurt capacity. 7. All campers must follow all other camping rules contained in this section. 8. Except for service animals, Nno animalsp-ets are allowed at or in cabins or yurts. ORGANIZED CLUB/GROUP CAMPING 1 A group or organization will be assigned to designated group areas only through advance reservations. 2. Any club or group member wishing to stay longer than the club's or group's expiration day must first check with the Ppark Ssupervisor to be sure another club will not be coming into the area, then register individually at the contact station. 3. Visitors must pay the day-use park fee and leave by -9 p.m. 4. Groups of campers will be required to share a pavilion with other groups or organizations in the same area. 5. All campers must follow all other camping rules contained in this section. 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. Page 7 (12-12-17- Redlined Draft) 5. No trenching around tents. No ground fires are permitted except in designated fire circles. 6. All campers must follow all other camping rules contained in these rules and regulations. Section 78. BOATING 1 No person shall bring into, use or navigatclaunch any boat, yacht, canoe, raft, paddle board or other watercraft upon from any Commission property except at such time or place as may be provided or designated for such purpose. 2. All watercraft shall comply with and be used in compliance with Public Act 451303 of the Public Acts of the State of Michigan, of 199467 as amended, and such regulations as may be adopted under the authority of the act. 3. 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. 4. No gasoline powered watercrafts are allowed onshall be launched from any Commission property unless authorized by the Commission. Watercrafts powered by Eelectric motors that are launched from Commission properly shall arc not to exceed 24 foot pounds of thrust/24 volt system. 5. To prevent the spread of aquatic nuisance species, when entering and exiting Commission waters, persons shall inspect their watercraft, trailers, motors, and accessory equipment and remove any aquatic plants and animals. Section 89. 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 OaklandCountyParks.com or call 1-888- OCPARKS. Section 94-0. 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 Page 8 (12-12-17- Redlined Draft) 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 104. 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 lefti" before passing other trail users. Section 112. SKATING, COASTING AND 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. 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 in the skateboarding area at Groveland Oaks. 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. 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 at such places as may be designated or maintained. Section 123. PERSONAL CONDUCT 1. It shall be unlawful for any person to be under the influence of intoxicants, narcotics, or other mind affecting etr-Lig-sfpr to engage in any violent, abusive, loud, boisterous, vulgar, lew , e ea- • *as- to create a breach of or to disturb the peace or to • - e• be a disorderly person, as provided under state law, while in or on any Commission property. Page 9 (12-12-17- Redlined Draft) 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. Smoking or the use of any vapor-producing product such as all e-cigarette or similar device shall be strictly prohibited in all buildings, facilities, beaches, waterparks, and playgrounds located on Commission property. This prohibition shall extend a reasonable distance from said buildings ca-nel facilities, and areas. 4. hay park patron who violates any Park rule may be ejected from Commission property, without a refund or rain check, by Park personnel. Section 134. METAL 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 146. 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 156. PUBLIC EXHIBITION No person shall exhibit any machine, display, or 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 167. HUNTING, FISHING AND TRAPPING 1. No person shall hunt any animal in or upon any Commission property unless authorized by the Commission. a. Firearms Hunting. The use of firearms for hunting is prohibited unless authorized by the Commission. All hunting will be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. All hunters must also abide by any additional rules established by the Commission. b. Archery hunting. Archery hunting shall be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources, and is permitted at Rose Oaks, Highland Oaks, Independence Oaks North, Addison Oaks East, Orion Oaks, and Lyon Oaks (Day-use area only). c. 450-FOOT SAFETY ZONES FOR RESIDENTIAL/COMMERCIAL AREAS ARE SIGNED AND STRICTLY ENFORCED ON OAKLAND COUNTY PARKS AND RECREATION (OCPR) PROPERTIES. Page 10 (12-12-17- Redlined Draft) 2. Fishing is permitted within or upon Commission property in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources in such areas designated for such purposes. Ice fishing is permitted on Commission property, at your own risk. The Commission assumes no liability for injuries sustained while ice fishing. All shanties must comply with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. a. 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. 3. No person shall catch, wound, kill, or attempt to catch, wound, or kill any animal, unless authorized by the Commission. No person shall steal any nest, lair, den, or burrow of any animal in or upon any Commission property, unless authorized by the Commission. a. 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 State of Michigan and regulations promulgated by Michigan Department of Natural Resources. All trappers must also abide by any additional rules established by the Commission. b. Beaver Trapping occurs by invitation lottery only during nuisance conditions as determined by the Oakland County Parks and Recreation Natural Resources Land Management Division. a. Section 17. HUNTING, FISHING AND TRAPPING 2018— See Proposed 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 Commission assumes no liability for injuries sustained while ice fishing. All shanties must comply with the State of Michigan Fishing Laws. 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 211. Turtles, frogs and mudpuppies shall not be removed from park property. Trapping and firearms hunting is prohibited at all times within park boundaries without express consent of park authority. Beaver Trapping occurs by iftvitation lottery only during nuisance conditions as determined by the Oakland County Parks and Recreation Natural Resources Land Management Division. Archery Hunting Permitted hunting will be in accordance with the laws of the Michigan Oaks North, Addison Oaks East, Orion Oaks and Lyon Oaks (Day Use area only) 450 FOOT SAFETY ZONES FOR RESIDENTIAll-CONAIE-R4CAL AREAS ARE SIGNED AND STRICTLY ENFORCED ON OAKLAND COLTNTY PARKS AND RECREATION PROPERTIES. Section 178. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS Page 11 (12-12-17- Redlined Draft) 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. 3. Leave a designated trail or blaze new trails on park property without Commission's written approval. 4. Mushroom -huh-tors w14-1 be permittcd to gGather mushrooms unless the mushrooms are gathered in accordance with the mushroom hunting guidelines listed at OaklandCountyParks.com . Oakland County ParksThe Commission does not assume responsibility for the identification of any plant, fungus, or berry species on its property and is not responsible for any illness which may result from the ingestion of the aforementioned species. Section 189. LITTERING 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, fay, drop or discharge into or leave on any Commission property any substance, matter of thing, liquid or solid, which may or shall result in the pollution of said property. Section 1920. 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 204. 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. Page 12 (12-12-17- Redlined Draft) 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 historic or prehistoric ruin or any object of antiquity, without the Commission's permission. Section 212. 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 wea-Ren-er-e-biest carried or used by any person in violation of these rules, shall be sub' the Commission or its ag&R4s-te-be-4isposed of accerd-ifig-te-l-aw, Section 223. FIREARMS The use, possession, and carrying of firearms on Commission property shall be governed by federal, state and local law. Section 234. 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 246. PEDDLING AND SOLICITING It shall be unlawful for any person to peddle or solicit business of any nature whatsoever,-er to distribute handbills or other advertising material, or to post unauthorized signs on any Commission property, unless first authorized by the Commission in writing. Section 256. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMPGROUNDS 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 patrons using campsites, or for the purpose of using a boat ramp, beach building or other camping facility, except registered campers or bona fide patronvisitors to a specific registered camp. Section 267. ANIMALS AND BIRDS201-3----See Proposed-revisions-in-separate thaournent 1. It shall be unlawful for any persons while upon or within Commission property to: Page 13 (12-12-17- Redlined Draft) 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. Feed any wildlife. c. Cause any animal to run at large. d. Torture, abuse, ill-treat, or neglect any animal. e. Dispose of, release, or set free any wild or domestic animal upon Commission property unless authorized by the Commission or the park supervisor. f. Bring animals in beach areas, waterparks, county market, concession areas, waterways, or in cabins or yurts. 1--Leave pets unattended.lt shall-be unlawful for any persons while upan-o-r-wit-h-i-n Commission property to: a Bring, drive or-l-ead-a-n-y-animal onto Commission propecept as otherwise the park supervisor. b. Fecd any wildlife. c. Causc any animal -9 9W1 -1-G d. Torturc, ill treat or neglect any animal or fowl. esp unless authorized by the Commission or the park supervisor. aR-aFeRam, owed, 2. Turtles, frogs, and mudpuppies shall not be removed from Commission property. 3. Snakes and Snake Bites. Snakes shall not be harmed or killed. All snake bites must be reported immediately to 911. Snake bite victims must provide bite incident details to the Park Supervisor or Park Natural Resources Planner. 4. Service Animals. Notwithstanding any other Park rule, persons may bring their service animals upon or within any Commission property. 5. Liability. Owners or caretakers of animals assume full responsibility for all animals brought onto Commission property. 2,6. Dogs. a. Persons may bring dogs on Commission property if they are on a leash (not longer than six feet) or if they are confined to a tent or camping trailer, unless prohibited by posting or otherwise provided by these rules.Notwithstanding any other Park rule, persons may bring their service animals upon or within any Commission property b. All dogs must have a current license-and-b-e-o-n-leash-F1-0-19-ng-e-r-t-h-an-6-feet-ifi length. c. Dogs are allow psn no engcr than six feet in length. d. 1/1/ e7c. Owners or caretakers must clean up all dog-pet droppings. Page 14 (12-12-17- Redlined Draft) d. Unruly dogs are prohibited on Commission property. Unruly dogs are defined as dogs that are not controllable by their owners or caretakers, dogs which physically attack or bite another dog or human (when not provoked), or dogs which physically pin other dogs to the ground (when not provoked). fAll dog bites must be reported immediately to the Park Supervisor or an Oakland County Sheriffs deputy, who will contact Oakland County Animal Control. The dog must then be confined until the Oakland County Sheriffs Office or park personnel arrive at the scene. dogs are pro-hibited in the parks. D .e -or unruly in the opinion of a g7e. Bee z - ee• e fought ante-park-property. 3J. Dog Parks. Designated by the Commission for the purpose of exercising dogs off leash. While in the dog park areas, all dogs and their owners or caretakers must obey all Park-the-posted rules, including: a. Dogs must be on leash when entering and exiting the dog park enclosure. Owners must carry leash with them at all times while in the dog park. b. Maximum of two dogs per visitorpatron. c. Dogs must have current license, up-to-date vaccinations, and respond to voice commands. d. Shock collars, metal pinch/choke collars or collars with metal links are not allowed in the dog park. e. No dogs under four months of age allowed in the dog park. f. Small dog area is for dogs 25 pounds or less. g. Dog-Oewners or caretakers assume full responsibility for all dogspets brought lawfully or unlawfully onto park Commission property. h. Dogs must be accompanied and supervised by an adult (age 18 or older) at all times, even inside enclosures; . DElogs must never be left unattended in the dog park. i. Children, ages 12 and under, must be accompanied and closely supervised by a parent or adult present inside the dog park, enclosure; at all times. while at thc dog park. j. No food, human or animalpet, is allowed in the eR-G-Ips-61-Fedog park. k„-Dogs in heat may not enter the dog park. I. Aggressive or unruly dogs-are- ri aoa o BOG aggressive or unruly in th opinion of a park sup IISOF G GF1 request. Those creating p out of control. 11l.0wners or caretakers must clean up dog-pet droppings; bags are provided on site, e7m. Lake Sixteen Dog Dock access at Orion Oaks is for dogs only. Lake Sixteen Boat Launch is not part of the Dog Park. p:n. Dogs are not allowed to dig in the dog park. Owner must fill in any holes. o. Community bowls or pools may not be brought to or left at the dog park. Page 15 (12-12-17- Redlined Draft) /1. ALL DOG BITES must be-reparted-i-rn e • — e r or Oakland County Sheriff'Office deputy at 2-48 858 4951 who will contact Oakland County Animal Control. The dog must then be confined until the Oakland County Sheriffs Dific-e De-pse e-at the-scene- Section 28. TREATMENT OF ANIMALS AND BIRDS 2018 See Proposed revisions in separate document iF1-8-1 upon any Cornmission authorized by the Commission. Commission properly, unless authorized by the Commission. a. Hunting Thc use of firearms is prehibited-unless-a-uth-orized-by-the Department of Natural Resources. All hunters must also abide-by any additional rules established by the Commission. al-EI-E 9-19-141-0 an-R-Fe4a-e-41. posted in specific areas and at s 4Cted Ps a-D49-1-R-9-34 a a— 1..1 • e _ • II _ ala e Reso All trapp dditional rules established-by44e C. Snakes and S-nake Bites Snakes shall not be harmed or killed. All snake bites must be reported immediately to 9-11. Snake bite victims must seek i-m-mediate medical attention and provide-bite incident details to the park supervisor or park natural resources planner. Section 279. 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 2830. 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 2934. REMOTE CONTROLUNMANNED AIRCRAFTS, HOT AIR BALLOONS, AIRPLANES AND PARACHUTES 1. 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.Except in areas designated Page 16 (12-12-17- Redlined Draft) by the Commission, no pc n. Jana or ooerare 3 n unmannRc control aircraft unless authorized in writing by the Commission. 2. Any person operating an unmanned, remote control aircraft shall do so in accordance with all federal and -state, and local laws and regulations., ordinanccs and guidelines. Section 302. 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 313. 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 324. 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 335. IMPERSONATION OF PARK EMPLOYEES No person shall impersonate any employee or contracted employee of the Commission for any reason whatsoever. Section 346. FINES AND IMPRISONMENT 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. Section 357. SPECIAL USE AREAS Special use areas will have posted Commission rules and regulations specific to the area's use and users' conduct. Special use aAreas include, but are not limited to: beaches; waterparks; bicycle motocross track; bicycle skills course; skateboard parks; dog parks; disc golf course; golf; miniature (putt-putt) golf; driving range; cross-country ski trails; play grounds; and mountain biking trails; and any other designated areas with their own specific rules and regulations. Section 368. 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 patronvisitors' use of Commission property; or 4. Block traffic or block the path of others using Commission property. Page 17 (12-12-17- Redlined Draft) "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 visitorspatrons, 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 visitorspatrons, 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 term is defined by MCL 752.362(5). 4. Organizers must also comply with all other governmental requirements, including these Park rules, for conducting such assemblies or public demonstrations. • Section 379. PHOTOGRAPHY AND VIDEO AND AUDIO RECORDING 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; 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 visitorspatrons, disrupting park operations, or compromising public health and safety regulations already covered by law. Section 4038. 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, Page 18 (12-12-17- Redlined Draft) 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, dog parks, Springfield Oaks _ e . during the Oakland County 4H Association Fair (excluding the area under licensure from the MLCC), waterparks or waterpark parking lots, and concession areas. d. Park patrons shall not bring alcoholic beverages to Park golf courses (except for Red Oaks golf course), ncession areas and Park banquet facilities, including the parking lots for these areas where a license from the Michigan Liquor Control Commission 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 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: i. An application for such purpose shall have been submitted to and approved by the Commission, and ii. The applicant must be an established non-profit, charitable entity which meets the following requirements: 1. Has actively functioned in Oakland County for at least two years 2. Is recognized as having provided substantial benefit in the interest of the public in Oakland County, and 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 e. The applicant has secured licensure from the MLCC and has provided written evidence of such licensure; and f. The applicant has secured all insurance for the event as required by the Oakland County Department of Risk Management; and 9. The event will be short term; and h. 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 Page 19 (12-12-17- Redlined Draft) "Commission" shall mean the Oakland County Parks and Recreation Commission or its Executive Officer. "Commission property" shall mean all lands, waters and property administered by or under the jurisdiction of the Oakland County Parks and Recreation Commission. "Person" or "persons" shall mean individuals, male or female, singular or plural; firms, corporations, or any group or gathering of individuals. "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. "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. "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. (based on the definition contained in the Michigan Liquor Control Act, Act 58 of 1998; MCL 436.1105(1)) Page 20 (12-12-17- Redlined Draft) Resolution #18068 March 8, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the amended 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, Weipert, Woodward, Zack, Berman, Bowman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (r, 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 8, 2018, with the original record thereof now remaining in my office. In Testimony Whereof, L have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 8th day of March, 2018. Lisa Brown, Oakland County