[Ord. No. 91,
§ 2, eff. 10-26-1990]
This division is adopted pursuant to and in accordance with
the provisions of Act No. 359 of the Public Acts of Michigan of 1947
(MCL 42.1 et seq., MSA 5.46(1) et seq.), as amended, and Act No. 246
of the Public Acts of Michigan of 1945 (MCL 41.181 et seq., MSA 5.45(1)
et seq.), as amended.
[Ord. No. 91,
§ 3, eff. 10-26-1990]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
May be used interchangeably and shall describe any machinery,
equipment, mechanism, compressor and compression system, any structural,
mechanical or other system, whether the same is automatically or manually
operated, and which is designed, intended or functions to interrupt
the natural freezing of water surrounding any boat or watercraft as
a means of maintaining a wet storage system for such boat or watercraft,
or protection for any dock, seawall or other fixed objects located
adjacent to or in the waters of the state during the winter season.
Any natural person, firm, corporation, partnership or other
entity who or which owns, operates and/or maintains watercraft as
described herein.
May be used interchangeably and includes all craft which
navigate or are capable of navigating the waters of the state.
A period of time extending from November 1 to April 1.
[Ord. No. 91,
§ 4, eff. 10-26-1990]
It shall be unlawful for any person to maintain or moor a watercraft during the winter season by implementation of a bubbling or water activation mechanism without first securing a license therefor from the township clerk. The licensee shall strictly adhere to the provisions of section 72-269. A license shall be required for the winter wet storage of watercraft for each winter season.
[Ord. No. 91,
§ 5, eff. 10-26-1990]
As a condition for issuance of a license required by section 72-268, the applicant shall first install or implement the following:
(1)
The perimeter of the proposed open water area to be maintained by
a bubbling system surrounding a boat, dock or adjacent to a seawall
shall be clearly delineated by rope, fencing, brightly colored plastic
tape or buoys; and
(2)
The rope, tape, fence or other device utilized to define the perimeter
of open water shall be not more than 18 inches above the water level
and permanently affixed to all docks, spiling and seawalls; and
(3)
The following items shall be placed in close proximity to the open
water clearly visible and easily accessible:
a.
A floatable device capable of being thrown with an attached thirty-foot
rope which can support a 200-pound person;
b.
A ten-foot pike pole; and
c.
At least one sign for the winter mooring of each boat, or for every
100 lineal feet of docks or seawall which will be affected by a water
activation mechanism, which sign shall not be less than three square
feet in area and the words "DANGER—OPEN WATER" in prominent
letters displayed thereon.
[Ord. No. 91,
§ 6, eff. 10-26-1990]
The proposed winter mooring area shall be inspected by a township building inspector to verify that all of the precautionary devices required in section 72-269 have been installed prior to issuance of the license. Further, a building inspector shall periodically inspect such winter mooring installation during the winter season to assure continued compliance with this division. An applicant shall pay to the township in an amount to be established by resolution of the township board sufficient to compensate the township for the administrative processing of the application and the initial and all subsequent inspections.
[Ord. No. 91,
§ 7, eff. 10-26-1990]
Any person who violates any of the provisions of this division shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-11.
