Charter Township of Midland, MI
Midland County
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[HISTORY: Adopted by the Township Board of the Charter Township of Midland 5-8-1991 by Ord. No. 57. Amendments noted where applicable.]
This chapter may be known and referred to as the "Charter Township of Midland Park Ordinance."
A. 
General public. Any group or gathering of 25 or more persons may use certain areas within the public parks in Midland Township to the exclusion of others by making application and being granted a permit by the Midland Township Supervisor or his designated representative of Midland Township.
B. 
Permits.
(1) 
Applications for permit for reserved park space shall be made upon forms to be furnished by Midland Township as approved by the Township Board.
(2) 
Each application shall be accompanied by a deposit of $25. Such deposit shall be for the purpose of ensuring that the reserved areas shall be clean of debris, and said deposit shall be returned within 48 hours of inspection after the use of the park has terminated in accordance with the permit. If said empty area, the use of which is granted by the permit, is not cleaned of debris, the deposit shall be forfeited to the Township to cover the cost of inspection and cleaning.
(3) 
Application shall be made in advance of the time of the reservation request sufficient to allow at least 12 hours posted notice of reservation of space.
(4) 
In the event more applications for reserved space are received than spaces available, such applications shall be considered in chronological order received.
(5) 
Nothing contained herein shall operate to exempt the users of reserved space from full compliance with this chapter and all rules of the Township relating to use of and conduct on Township park property.
A. 
Destruction of buildings, markers, monuments and other properties shall be prohibited, and no person shall, on Township Park 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, break, mark upon or otherwise injure any building, equipment, bridge, drain, wall, fountain, lamppost, 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 park property.
(4) 
Appropriate, excavate, injure or destroy any historical or prehistorical ruin or any object of antiquity without permission of the Township Supervisor or his delegate.
B. 
Destruction of plant life and natural surroundings shall be prohibited, and no person shall, without permission from Township Supervisor:
(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, or break or remove any branch or foliage from any tree or shrub, or pick, gather, uproot, remove, or destroy any flower, plant or grass.
(2) 
Remove or cause to be removed any sod, earth, humus, peat, boulders, gravel, or sand without written permission of the Township Supervisor.
C. 
The following rules shall apply to fires on Township Park property:
(1) 
No person shall willfully set or cause to be set on fire any tree, woodland, brushland, grassland or meadow within or upon the property of the Township.
(2) 
No person shall build any fire upon Township park property.
(3) 
No person shall drop, throw or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco paper or other inflammable materials within or upon any property of the Township.
It shall be unlawful for any person while on Township Park property to:
A. 
Cause any animal or fowl to run at large.
B. 
Bring, drive or lead any animal onto Township Park property; excepting that horses and other beasts of burden and draft animals may be ridden by persons in charge thereof or driven before a vehicle attached thereto on such portions of Township Park property as may be designated for riding or driving by the Township.
C. 
Bring, drive, lead or carry any dog or other animal or pet which is unleashed, or upon a leash more than six feet in length, upon Township Park property.
D. 
Cause or permit any horse or other animal to stand on any Township Park property unless securely hitched or in the charge of some competent person.
E. 
Torture, ill-treat or neglect any animal or fowl.
F. 
No person shall hunt, trap, catch, wound or kill, or treat cruelly, attempt to trap, catch, wound, or kill any bird or animal, molest or rob any nest of any bird or any lair, den or burrow of any animal in or upon any land or waters administered by or under the jurisdiction of the Township.
A. 
Parking in prohibited areas. Standing for loading or unloading in certain places.
(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 to park any vehicle in any area which is designated as a prohibited parking area.
(4) 
It shall be unlawful to drive or park any motor vehicle in or upon Township property which is used for recreational purposes, unless otherwise allowed by these rules.
B. 
Horses. 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 or others on any lands administered by or under the jurisdiction of the Township.
C. 
Motor-driven vehicles. It shall be unlawful for any person to:
(1) 
Operate a motor-driven vehicle of any kind or nature except on roads or designated parking areas.
(2) 
Operate a motor-driven vehicle on any park road at a speed exceeding 15 miles per hour or at any speed greater than that posted; provided further, however, that notwithstanding any provision herein, any person driving a vehicle on any park road shall drive at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the road and of any other condition then existing, and no person shall drive any vehicle upon a park road at a speed greater than will permit him to bring said vehicle to a stop within the assured clear distance ahead.
(3) 
Operate any motor-driven sled, toboggan, or snowmobile on any property under the management, supervision or control of the Township except where permitted by posted notice.
(4) 
Operate any vehicle upon Township property, including but not limited to any area designated for the parking of vehicles, in a careless or negligent manner likely to endanger any person or property.
(5) 
Drive any vehicle upon Township property while under the influence of intoxicating liquor or narcotic, drug, barbital, or any derivative of barbital.
(6) 
Drive any vehicle upon Township property while his ability to do so has been impaired by the use of intoxicating liquor or by the use of drugs or narcotics.
(7) 
Operate any motor vehicle upon Township property while his license to so operate has been suspended or revoked by the State of Michigan.
(8) 
Operate a motor vehicle in any manner upon Township property without having a valid operator's license, motor vehicle registration certificate and proof of the minimum liability coverage or uninsured motor vehicle fee, as required by the State of Michigan Vehicle Code,[1] in his possession.
[1]
Editor's Note: See MCLA § 257.1 et seq.
(9) 
Operate any motor vehicle in any manner upon Township property contrary to posted traffic signs, symbols, rules or regulations or marked roadways.
(10) 
Operate any motor vehicle in any manner upon Township property which results in excessive noise or disturbs the peace, quiet or tranquility of the area.
(11) 
Leave, or cause to be left, any vehicle upon property administered by or under the jurisdiction of the Township between sunset and 8:00 a.m.
(12) 
Operate or ride on a motorcycle or motor-driven cycle without wearing a crash helmet approved by the Department of State Police. Rules of the Department of State Police for the implementation of Subsection (6) of Section 658 of Act 300, PA 1949,[2] as amended, shall apply to this rule.
[2]
Editor's Note: See MCLA § 257.658(6).
(13) 
Continuously cruise in any motor-driven vehicle in, through and around the Township property for the purpose of attracting or distracting persons or visitors.
D. 
Operation of bicycles.
(1) 
Bicycles shall be operated as closely to the right-hand curb or 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 any bicycle, when upon any path, trail, or roadway, to carry any person upon the handlebar or frame of any bicycle, or for any person to so ride upon such bicycle.
(3) 
Bicycles may be operated upon paths, trails, or roadways only.
A. 
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 matter, to post unauthorized signs on any lands, water, structures, or property administered by or under the jurisdiction of the Township or to use such lands, water, structures or property unless first authorized, in writing, by the Township Supervisor.
B. 
Unlawful obstruction. No person, firm or corporation shall by force, threats, intimidations, unlawful fencing, enclosing, or by any other means prevent or obstruct any person from entering, leaving or making full use of any property administered by or under the jurisdiction of the Township.
C. 
Hindering employees. No person shall interfere with, or in any manner hinder any employee or agent of the Township while performing his or her official duties.
D. 
Resisting police officer. No person shall interfere with any police officer in the discharge of his duties, or fail or refuse to obey any lawful command of any police officer.
E. 
Alcoholic beverages, drugs. No persons shall have in his or her possession any intoxicating beverage while in or upon the property administered by or under the jurisdiction of the Township. No person shall sell, use or have in his possession any drug or narcotic, the sale, use or possession of which is prohibited by the state law.
F. 
Personal conduct.
(1) 
It shall be unlawful for any person to be under the influence of intoxicants, or to engage in any violent, abusive, loud, boisterous, vulgar, lewd, wanton, obscene or otherwise disorderly conduct, or to disturb or annoy others while in or on any property administered by or under the jurisdiction of the Township.
(2) 
It shall be unlawful to conduct or to participate in any form of gambling, lottery or game of chance upon park property.
G. 
Use of loudspeaker. It shall be unlawful to use a loudspeaker, public address system or amplifier within or upon Township property without a written permit issued by the Township Supervisor.
H. 
Fireworks. No person shall fire, discharge or have in his or her possession any rocket, firecracker, torpedo, squib, or other fireworks or any substance of an explosive nature within or upon the property of the Township unless the Township Supervisor shall have authorized same by the issuance of a permit therefor.
I. 
Firearms. No person shall, at any time, bring into or upon the Township parks properties, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air rifle, air gun, water gun or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance or any other force; provided, however, that this subsection shall not apply to any deputy sheriff, police officer, peace officer, park ranger or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his position nor to any person while on or in those areas which may from time to time be designated as hunting areas by the Township Board.
J. 
Balloons, airplanes, and parachutes. No person shall make any ascent in any balloon or airplane or any descent in or from any balloon or airplane or parachute on any lands or waters administered by or under the jurisdiction of the Township without first having written permission from the Township Supervisor.
K. 
Public exhibition. No person shall exhibit any machine or show, or any animal, or indulge in any acrobatic exhibitions in or upon any Township Park property, nor shall any person carry on any performance or do anything whatsoever 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 Township Supervisor.
L. 
Special permits.
(1) 
No erection, construction or maintenance shall be made above or below ground, across or beneath Township park property by any person, firm, or corporation without first having obtained written permission from the Township Supervisor authorizing such installation or construction and a permit specifying, in detail, the work to be done and the conditions to be fulfilled pursuant to the terms of such approval.
(2) 
The Township Supervisor or his agent may, upon written application, grant specific use permits for special uses when, in the opinion of the Township Supervisor or his agent, special consideration is warranted.
M. 
Fees and charges. It shall be unlawful for any person to use any facility, land or area for which a fee or charge has been established by the Township without payment of such fee or charge.
N. 
Emergency powers. Nothing in these rules shall:
(1) 
Prohibit or hinder duly authorized agents of the Township or any peace officers from performing their official duties.
(2) 
Prohibit the Township or the Supervisor from establishing emergency rules required to protect the health, welfare and safety of park visitors and to protect park property; including, but not limited to, the right of the Township to order all persons off Township property and close all or any portion of said park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any provision of the foregoing rules shall be deemed guilty of a civil infraction and, upon conviction thereof, shall be fined not more than $500, and costs of prosecution, for each offense.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON or PERSONS
Individuals, male or female, singular or plural; firms, corporations, or any group or gathering of individuals.
RULES
The rules adopted by the Midland Township Board applicable to all property administered by or under the jurisdiction of the said Township and all amendments thereto.
TOWNSHIP
The Midland Township Board.
TOWNSHIP PARK PROPERTY
All lands, waters, and property administered by or under the jurisdiction of the Midland Township Board.