VICTOR TOWNSHIP CLINTON COUNTY, MICHIGAN PREAMBLE AN ORDINANCE PURSUANT TO THE TOWNSHIP ORDINANCE ACT (MCL 4.181 ET SEO) TO REGULATE CERTAIN ACTIVITIES ON LAKES WITHIN THE TOWNSHIP; TO DEFINE TERMS; TO PROTECT THE RIGHTS OF THE PUBLIC AND RIPARIAN OWNERS; TO PRESERVE THE RIGHTS OF THE PUBLIC IN AREAS OF PUBLIC COMMON ACCESS TO LAKES WITHIN THE TOWNSHIP; TO PRESCRIBE PENALTIES AND REMEDIES FOR VIOLATION OF THIS ORDINANCE; AND TO PROVIDE AN EFFECTIVE DATE HEREOF. THE TOWNSHIP OF VICTOR, CLINTON COUNTY, MICHIGAN ORDAINS: ARTICLE I. INTENT, PURPOSE AND TITLE Section 1.1 Title. This Ordinance shall be known as the "Victor Township Public Access, Boat Launching and Docking Ordinance." Section 1.2. Intent and Purpose. Victor Township recognizes that the right of public access to lakes within the Township is a valuable recreational resource, and that maintenance and preservation of the rights of the public to such use is beneficial to the Public Access, Boat Launching and Docking Ordinance Victor Township Page 2 general health, safety and welfare. The Township also determines that interference with the public's general right of lake access must be regulated and prohibited in order to preserve the benefits to the general public intended by the utilization of said right-of-way by the public. ARTICLE U. SCOPE AND APPLICATION. Section 2.1. Minimum Standards. The terms and provisions of this Ordinance shall be interpreted and applied as minimum standards and requirements for the promotion and protection of the public health, safety and welfare, and for the public peace and preservation of natural resources and public and private property within the Township. Section 2.2. Authority. This Ordinance is enacted pursuant to MCL 41.181 et sea: MSA 5.45(1) et. sea. as amended, and the Michigan Constitution of 1963. Art. 4, Section 52. Public Access, Boat Launching and Docking Ordinance Victor Township. Section 2.3. Non-Exclusive Regulation. This Ordinance shall not interfere with abrogate, annul or repeal any other law, ordinance, rule or regulation previously in effect. Moreover, in instances where this Ordinance specifically imposes a greater restriction or higher standard than other ordinances, if any, the provisions of this Ordinance shall govern. This Ordinance is not intended to conflict with and/or preempt application of the Michigan Inland Lakes and Streams Act, as amended, or the Michigan Marine Safety Act, as amended, but is intended to supplement such statutes in a compatible manner so as to enhance water usage in a manner consistent with the public interest and safety. ARTICLE HI. DEFINITIONS. Section 3.1. The following terms shall have the definitions set forth below: A. "Dock** or "docking" shall mean the anchoring, affixing or mooring of a boat to a pear, platform, pole or dock in a lake, which platform, walkway or structure extends from the shore or bottom land of the lake and is within any area within the boundaries of a public or common lake access, as defined herein, or the lake surface, or waters edge within said public or common lake B. "Boat Cradle" Or "Shore Station," "Boat cradle" or "shore station" shall mean any device or devices placed on, at or near the shore within the public or common access site on a lake for the purpose of mooring, anchoring Public Access, Boat Launching and Docking Ordinance Victor Township Page 4 or holding a boat or other water craft on or above the water surface. C. "Common Access Site” shall include any public road, alley, or public right-of-way or public easement (whether improved or unimproved) which either ends at a lake, is perpendicular to and touches a lake, or runs along the shoreline or waters of a lake and abuts or touches same, including any promenade, park, walkway or road or similar way (whether improved or unimproved) which touches or abuts a lake and which was created by or within or pursuant to any recorded plat, deed or easement, used or intended to be used to permit access to a lake by the general public. D. "Person" shall mean any human being, partnership, corporation, association, including a condominium association, and any other entity to which the law provides or imposes rights or responsibilities. ARTICLE IV. CONDUCT PROHIBITED: Section 4.1.A. No dock, shore station, pier, platform or device shall be installed, located, situated, erected or maintained by any person within any public or common access site on, over or extending onto the surface of a lake from the public or common access site or water adjacent thereto, or offshore there from with the exception of prior historic use which is nontransferable. Public Access, Boat Launching and Docking Ordinance Victor Township Section 4.1.B. Continuation of Existing Uses: As to common access sites, the lawful mooring, docking, or launching of motorboats or boats or usage of docks, shore stations, boat cradles, or rafts on or from a particular lot, site condominium unit, parcel, or separate frontage occurring prior to the date of adoption of this Ordinance shall be permitted to continue without change. However, any change, alteration, or expansion of such prior usage which occurs after the date this Ordinance becomes effective shall fully comply with the provisions of this Ordinance. For purposes of this Section, normal maintenance and repair of docks due to normal wear and tear shall not be deemed a change, alteration, or expansion of prior usage. Section 4.2. No boat, water craft, or motor vehicle of any type shall be kept, stored, placed, moored, anchored or otherwise located within the public or common access site or offshore within the boundaries of said access site extending into the lake for more than eighteen (18) consecutive hours without complete removal from the lake and the public access site. Section 4.3. No person shall place, maintain or permit the use of any boat, water craft, dock, pier, shore station, platform or device under his or her control in violation of this Ordinance. Section 4.4. No private property, such as a picnic table, sport apparatus, tent, camper or structure, shall be stored, installed upon or maintained within any common or public access site. Section 4.5. No person shall engage in any conduct which shall impair, impede or diminish the free use of and travel across the public/common access site by others. Section 4.6. No person shall camp, reside in or occupy said public common access site between the hours of 12:00 midnight and sunrise. Section 4.7. No person shall engage in any loud or boisterous conduct or playing of music at a volume which is audible beyond the boundaries of the public/common access site. Bonfires and campfires are not permitted within the public/common access site at any time. ARTICLE V. PENALTIES; REMEDIES. Section 5.1. Any person who shall be convicted of a violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than ninety (90) days or by a fine not more than Five Hundred Dollars ($500.00), or both such fine and imprisonment. Section 5.2. The criminal penalties provided in the foregoing section notwithstanding, the Township or any resident of the Township may institute appropriate action in the Circuit Court for the County of Clinton for injunctive relief against persons violating this Ordinance to enforce compliance with the terms hereof. ARTICLE VI. SEVERABILITY. The provisions of this Ordinance are severable and if any provision or other part hereof is determined to be invalid or unenforceable by any court of competent jurisdiction such determination shall not affect the remaining provisions or other parts of this Ordinance. ARTICLE VII. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its adoption and publication as required by law. VICTOR TOWNSHIP By:__________________________________________ Warren Malkin, Supervisor By:___________________________________________ Lianne Prange, Clerk I, Lianne Prange Clerk of the Township of Victor, hereby certify that the foregoing Ordinance was adopted on the ______day of ______, 1999 and published on the _____day of______, 1999. Lianne Prange, Clerk