NOTICE IS HEREBY GIVEN that at its regular meeting on December 17, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of an amendment to the Township’s Code of Ordinances, Chapter 34, “Parks and Recreation,” Article II, “Park Rules and Regulations,” and Article III, “Watercraft and Beach Regulations,” as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-34-TBD

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE OF ORDINANCES, CHAPTER 34, “PARKS AND RECREATION,” TO AMEND SECTIONS 34-21, 34-24, 34-31, AND 34-33 OF ARTICLE II, “PARK RULES AND REGULATIONS,” AND TO AMEND SECTIONS 34-94, 34-95 AND 34-98 OF ARTICLE III, “WATERCRAFT AND BEACH REGULATIONS,” FOR THE PURPOSE OF BRINGING SUCH SECTIONS UP TO DATE WITH CURRENT PARK CONDITIONS, OPERATIONS. AND CIRCUMSTANCES.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article II, “Park Rules and Regulations,” Section 34-21, “Closed Areas; Hours,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

Sec. 34-21. – Closed Areas; Hours.

No person shall enter or occupy any closed area unless by permit. For the purpose of this regulation, all areas shall be deemed to be closed between the hours of 9:00 p.m. and 8:00 a.m. from April 1 – October 31 and 5:00 p.m. and 8:00 a.m. from November 1 – March 31, unless such areas are lighted for a specific purpose, in which case such lighted areas shall be deemed to be closed at midnight. Additionally, it should be noted that Sashabaw Plains Park is only open seasonally from April 1 – October 31.

Section 2. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article II, “Park Rules and Regulations,” Section 34-24, “Bringing Animals,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-24. – Bringing Animals.

Only leashed animals (leash must be six feet or less in length) shall be brought into a park, and all animals in the park shall always be kept under leash, and no animal whatsoever shall be permitted in any area so designated by proper posting by the department of parks and recreation. Animals brought into the park are not allowed on any athletic field or playing surface.

Section 3. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article II, “Park Rules and Regulations,” Section 34-31, “Fires,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-31. – Fires.

No person shall ignite or use a ground fire or open fire except with the express written permission of the department of parks and recreation; provided, however, that this restriction shall not be applicable to the use of barbecue burners for cooking in picnic areas designated for that purpose. No person shall leave the immediate vicinity of any fire which he has started or used without first extinguishing that fire. No person shall bring in their own barbecue for use in the park. Grilling is only allowed on park-provided barbecues.

Section 4. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article II, “Park Rules and Regulations,” Section 34-33, “Sporting Activities,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-33. – Sporting Activities.

(a)  No person shall play golf, baseball, football and like games in areas where such activities are prohibited. While engaging in such sports or games, persons so involved shall conduct themselves so as to not jeopardize the safety of others using the park.

(b)  No person shall shoot archery except in those areas where designated.

(c)  No person shall fly powered model airplanes or model rockets or drones except in those areas where designated.

Section 5. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article III, “Watercraft and Beach Regulations,” Section 34-94, “Hours,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-94. –Hours.

Beach facilities are open every day from 10:00am to 8:00pm, the Saturday of Memorial Day Weekend through Labor Day. Pre-Season and End-of-Season hours may vary, visit www.indtwp.com for more details.

Section 6. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article III, “Watercraft and Beach Regulations,” Section 34-95, “Permits,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-95. – Permits.

(a)  Permits can be purchased at the township offices Monday through Friday, 8:00 a.m. through 5:00 p.m., beginning May 1. A person must have proof of residency and a valid boater’s registration with MC number.

(b)  A fee will be required if the key or membership card is lost.

Section 7. ORDINANCE AMENDMENT.

Chapter 34, “Parks and Recreation,” Article III, “Watercraft and Beach Regulations,” Section 34-98, “Boating and Fishing Regulation,” of the Charter Township of Independence Code of Ordinances is hereby amended to read as follows:

     Sec. 34-98. – Boating and Fishing Regulations.

(a)  All boats using Deer Lake must display the appropriate township boat sticker on the starboard side.

(b)  There is a guest fee for boaters from outside the township. The one-day permit can be picked up at the Deer Lake Beach station. Guest boaters must be off the lake when the beach closes because the boat gate is locked.

(c)  Boaters and skiers are to stay 100 feet from swim markers or swimmers.

(d)  No swimming shall be done outside the swim area. Diving from rafts, canoes, sailboats, pontoons or similar craft is prohibited.

(e)  Bank fishing is not permitted between the Saturday of Memorial Day weekend and Labor Day, during normal beach hours.

(f)  On the waters of Deer Lake, between the hours of 7:30 p.m. each day and 11:00 a.m. of the following day, the following activities shall be prohibited:

(1) Operation of a vessel at high speed; and

(2) Towing or otherwise assisting in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

(g)  On the waters of Deer Lake no person shall tow, or otherwise assist in the propulsion of, more than two persons at one time on water skis, water sled, kite, surfboard or other similar contrivances.

(h)  On the waters of Deer Lake, north of the south line of the northwest one-quarter of the southeast one-quarter of Section 19, no person shall operate a vessel at a speed exceeding a slow no wake speed.

(i)   All persons must lock the boat gate each time they use the boat launch.

(j)   Boats are not to be docked overnight at Deer Lake.

Section 8. REPEALER.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 9. SEVERABILITY.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 10. SAVINGS.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 11. EFFECTIVE DATE.

This ordinance shall be effective upon publication in the manner prescribed by law.

Section 12. ENACTMENT.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the seventeenth day of December, 2019, and ordered to be given publication in the manner prescribed by law.

Ayes: Loughrin, Brown, Nallamothu, Ritchie, Kittle, Neubeck

Nays: None

Abstentions: None

Absent: Aliaga

STATE OF MICHIGAN                                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the seventeenth day of December, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Cari J Neubeck, Clerk

Introduced: November 26, 2019

Published:  December 11, 2019-Clarkston News

Adopted:    December 17, 2019

Published:  December 25, 2019

Effective:             December 25, 2019