WATERWAYS
Cross reference— Boating in community parks, § 16-17.
State Law reference— Marine Safety Act, MCL 281.1001 et seq.
Discharge means the addition of any waste, waste effluent, wastewater, pollutant, or any combination thereof to any surface water of the state.
Municipal separate storm sewer system (MS4) means all separate storm sewers that are owned or operated by the United States, a state, city, village, township, county, district, association, or other public body created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated or approved management agency under Section 208 of the Clean Water Act that discharges to the waters of the state. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.
NPDES means National Pollutant Discharge Elimination System.
Stormwater means stormwater runoff, snow melt runoff, surface runoff and drainage, and non-stormwater including under conditions of this article.
(Ord. No. C-47-B, § 1, 12-18-23)
(a)
No person shall discharge or cause to be discharged into the MS4 or waters of the state of any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited; however, the following discharges are excluded from prohibition as described so long as they are identified as not being a significant contributor of pollutants to waters of the state:
• Water line flushing and discharges from potable water sources;
• Landscape irrigation runoff, lawn watering runoff, and irrigation waters;
• Diverted stream flows and flows from riparian habitats or wetlands;
• Rising groundwaters and springs;
• Uncontaminated groundwater infiltration and seepage;
• Uncontaminated pumped groundwater, except for groundwater cleanups specifically authorized by NPDES permits;
• Foundation drains, water from crawl space pumps, footing drains, and basement sumps;
• Air conditioning condensation;
• Waters from noncommercial car washing;
• Street wash water; and
• Dechlorinated swimming pool from single-, two-, or three-family residences.
(b)
Discharges or flows from firefighting activities are not prohibited unless they are identified as a significant source of pollutants to waters of the state.
(Ord. No. C-47-B, § 1, 12-18-23)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
Boats means all watercraft with or without self-propulsion machinery, including seaplanes when not airborne. The word "boat" shall include water skis, water sleds, surf boards or similar contrivances while being towed by any boat.
Navigable waters means all lakes, ponds, streams, lagoons, canals or other waters capable of navigation within the territorial limits of the township.
(Ord. No. 47A, § 1, 5-16-62)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Definitions, MCL 281.1002 et seq.
It shall be unlawful for any person to operate any boat upon any navigable waters unless the boat is properly licensed as required by state and federal laws and regulations.
(Ord. No. 47A, § 2, 5-16-62)
State Law reference— Numbering of motorboats, MCL 281.1031 et seq.; watercraft transfers and certificates of title, MCL 281.1201 et seq.
(a)
Definitions. As used in this act:
Conviction means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court disposition of a violation of this act, regardless of whether the penalty is rebated or suspended.
Law of another state means a law or ordinance enacted by another state or by a local unit of government in another state.
Long-term incapacitating injury means an injury that causes a person to be in a comatose, quadriplegic, hemiplegic or paraplegic state, which state is likely to continue for one year or more.
Operate means to be in control of a vessel that is underway and is not secured in some manner such as being docked or anchored.
Probate court disposition means the entry of a probate court order of disposition for a child found to be within the provisions of chapter XIIA of Act No. 288 of the Public Acts of 1939, being MCL 712A.1 to 712A.28.
Prosecuting attorney, except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county or the attorney representing a local unit of government.
(b)
Duty of operators to submit to reasonable inspections by peace officers; authority to arrest. The operator or person in charge of a vessel being used or operated on the waters of this township, upon being hailed by any peace officer empowered to enforce the provisions of this act or rules established under this act, shall immediately bring the vessel to a stop or maneuver it in a manner that permits the officer to come alongside. The operator or person in charge of the vessel and any other person on board shall give his or her correct name and address, exhibit the certificate of number awarded for the vessel, and submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel. A person who is detained for a violation of this act and who furnishes a peace officer false, forged, fictitious, or misleading verbal or written information identifying the person as another person is guilty of a misdemeanor. A peace officer who observes a violation by a person of this act or a rule established under this act may arrest the person without a warrant.
(c)
Operating vessel under the influence of liquor or drugs; prohibition:
(1)
A person shall not operate a vessel on the waters of this township if either of the following applies:
a.
The person is under the influence of intoxicating liquor or a controlled substance, or both.
b.
The person has a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol.
(2)
The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of this township by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol.
(3)
A person shall not operate a vessel on the waters of this township when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person's ability to operate the vessel is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4)
A person who operates a vessel on the waters of this township under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol, and by the operation of that vessel causes the death of another person is guilty of a felony punishable by imprisonment for not more than fifteen (15) years, or a fine of not less than two thousand five hundred dollars ($2,500.00) or more than ten thousand dollars ($10,000.00), or both.
(5)
A person who operates a vessel on the waters of this township under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol, and by the operation of that vessel causes a long-term incapacitating injury to another person is guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not less than one thousand dollars ($1,000.00) or more than five thousand dollars ($5,000.00), or both.
(d)
Operating vessel under the influence of liquor or drugs; penalties:
(1)
If a person is convicted of violating subsection (c)(1) above, the following apply:
a.
Except as otherwise provided in subsections b. and c. below, the person is guilty of a misdemeanor and shall be punished by one or more of the following:
1.
Community service for not more than forty-five (45) days.
2.
Imprisonment for not more than ninety (90) days.
3.
A fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
b.
If the violation occurs within seven (7) years of a prior conviction, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for not less than ten (10) days or more than ninety (90) days and may be imprisoned for not more than one year.
2.
Imprisonment for not less than forty-eight (48) consecutive hours or more than one year and may be sentenced to community service for not more than ninety (90) days.
c.
If the violation occurs within ten (10) years of two (2) or more prior convictions, the person is guilty of a felony and shall be sentenced to imprisonment for not less than one year or more than five (5) years or a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), or both.
(2)
A term of imprisonment imposed under subsection b.2. above shall not be suspended. A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the township for the cost of supervision incurred by the township as a result of the person's activities in that service.
(3)
In addition to the sanctions prescribed under subsection (d)(1) and subsections (c)(4) and (5), the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws, order the person to pay the costs of prosecution. The court shall also impose sanctions under MCL 281.1181 and 1182.
(4)
A person who is convicted of violating subsection (c)(2) is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, or a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or both.
(5)
As used in this section, "prior conviction" means a conviction for a violation of subsections (c)(1), (4) or (5), former MCL 281.1073, a local ordinance substantially corresponding to MCL 281.1171(1) or former MCL 281.1073, or a law of another state substantially corresponding to MCL 281.1171(1), (4) or (5) or former MCL 281.1073.
(e)
Operating vessel while visibly impaired by liquor or drugs:
(1)
If a person is convicted of violating subsection (c)(3) above, the following apply:
a.
Except as otherwise provided in subsections b. and c. below, the person is guilty of a misdemeanor punishable by one or more of the following:
1.
Community service for not more than forty-five (45) days.
2.
Imprisonment for not more than ninety (90) days.
3.
A fine of not more than three hundred dollars ($300.00).
b.
If the violation occurs within seven (7) years of one prior conviction, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for not less than ten (10) days or more than ninety (90) days and may be sentenced to imprisonment for not more than one year.
2.
Imprisonment for not more than one year and may be sentenced to community service for not more than ninety (90) days.
c.
If the violation occurs within ten (10) years of two (2) or more prior convictions, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for a period of not less than ten (10) days or more than ninety (90) days and may be sentenced to imprisonment for not more than one year.
2.
Imprisonment for not more than one year and may be sentenced to community service for not more than ninety (90) days.
(2)
In addition to the sanctions prescribed in subsection (1) above, the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws, order the person to pay the costs of the prosecution. The court shall also impose sanctions under MCL 281.1181 and 1182.
(3)
A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(4)
As used in this section, "prior conviction" means a conviction for a violation of subsections (c)(1), (3), (4) or (5), former MCL 281.1073, former MCL 281.1073b, a local ordinance substantially corresponding to subsection (c)(1), former MCL 281.1073, or former MCL 281.1073b, or a law of another state substantially corresponding to subsections (c)(1), (3), (4) or (5), former MCL 281.1073 or former section MCL 281.1073b.
(f)
Presumptions of blood chemical analysis; admissibility of results. Except in a prosecution relating solely to a violation of subsection (c)(1)b. above, the amount of alcohol in the operator's blood at the time alleged as shown by chemical analysis of the person's blood, urine, or breath gives rise to the following presumptions:
(1)
If there was at the time seven-hundredths of one percent (0.07%) or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant's ability to operate a vessel was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(2)
If there was at the time in excess of seven-hundredths of one percent (0.07%) but less than one-tenth of one percent (0.10%) by weight of alcohol in the defendant's blood, it shall be presumed that the defendant's ability to operate a vessel was impaired within the provisions of subsection (c)(3) above due to the consumption of intoxicating liquor.
(3)
If there was at the time one-tenth of one percent (0.10%) or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
A person's refusal to submit to a chemical test is admissible in a criminal prosecution for a crime described in subsection (c) only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
(g)
Consideration of prior convictions; sanctions. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of subsections (c)(1), (3), (4) or (5), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the boating record of the person, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(1)
For a conviction under subsections (c)(4) or (5), the court shall order with no expiration date that the person not operate a vessel on the waters of this state.
(2)
For a conviction under subsection (c)(1) or a local ordinance substantially corresponding to subsection (c)(1), if the court finds that the person has no prior convictions within seven (7) years for a violation of subsections (c)(1), (3), (4) or (5) or another boating substance abuse offense or that the person has one prior conviction within seven (7) years for a violation of subsection (c)(3), former MCL 281.1073b, a local ordinance substantially corresponding to subsection (c)(3) or former MCL 281.1073b, or a law of another state substantially corresponding to subsection (c)(3) or former MCL 281.1073b, the court may order that the person not operate a vessel on the waters of this state for not less than one year or more than two (2) years.
(h)
Operating vessel on waters of township by persons prohibited from operating vessels on waters of the state:
(1)
A person who is ordered not to operate a vessel on the waters of this state and who has been notified of the order by personal service or first-class mail shall not operate a vessel on the waters of this township. A person shall not knowingly permit a vessel owned by the person to be operated on the waters of this township by a person who is subject to such an order. A person who violates this subsection is guilty of a misdemeanor punishable as follows:
a.
By imprisonment for not more than ninety (90) days or by a fine of not more than five hundred dollars ($500.00), or both.
b.
For a second or subsequent violation punishable under this subsection, by imprisonment for not more than one year or a fine of not more than one thousand dollars ($1,000.00), or both.
(2)
Upon receiving a record of the conviction of a person upon a charge of unlawful operation of a vessel while the person is subject to an order not to operate a vessel on the waters of this state, the Secretary of State shall immediately extend the length of the order for an additional like period. If the Secretary of State receives records of more than one conviction resulting from the same incident, all of the convictions shall be treated as a single violation for purposes of extending the length of an order under this subsection.
(3)
Before a person is arraigned before a judge or district court magistrate on a charge of violating this section, the arresting officer shall obtain the boating record of the person from the Secretary of State and shall furnish the record to the court. The boating record of the person may be obtained from the Secretary of State's computer information network.
(4)
This section does not apply to a person who operates a vessel solely for the purpose of protecting human life or property if the life or property is endangered and the summoning or giving of prompt aid is essential.
(5)
If a person is convicted of violating subsection (h)(1) above, the court shall order confiscation of the vessel's certificate of number and cancellation of the vessel's registration numbers, unless the vessel was stolen or permission to use the vessel was not knowingly given. The Secretary of State shall not assign a registration number to or issue a certificate of number for a vessel whose number is canceled and certificate confiscated until after the expiration of ninety (90) days after the cancellation or confiscation, whichever is later.
(i)
Impoundment and subsequent disposition:
(1)
When a person is convicted under subsection (h) above, the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than thirty (30) or more than one hundred twenty (120) days from the date of judgment. An order of impoundment issued pursuant to this subsection is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
(2)
The owner of a vessel impounded pursuant to this subsection is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vessel is not returned as provided in this subsection within thirty (30) days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
(3)
Nothing in this subsection affects the rights of a conditional vendor, chattel mortgagee or lessor of a vessel registered in the name of another person as owner who becomes subject to this act.
(j)
Treatment of nolo contendere conviction. A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilt for all purposes under this act.
(Ord. No. 47A, § 3, 5-16-62; Ord. No. C-401, §§ 1—10, 8-2-93)
Cross reference— Alcoholic beverages generally, Ch. 5.
State Law reference— Similar provisions, MCL 281.1073, MSA 18.1287(73)(1).
A person operating or propelling a boat upon any navigable waters shall operate it in a careful and prudent manner and at such a rate of speed so as not to endanger unreasonably the life or property of any person. A person shall not operate any boat at a rate of speed greater than will permit him, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead. A person shall not operate a boat in a manner so as to interfere unreasonably with the lawful use by others of any navigable waters.
(Ord. No. 47A, § 4, 5-16-62)
State Law reference— Similar provisions, MCL 281.1072, MSA 18.1287(72).
A person who operates any boat, upon any navigable waters, carelessly and needlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless operation of a boat. A person who navigates, steers or controls himself while being towed on water skis, water sled, surfboard or similar contrivances, upon any navigable waters, carelessly and needlessly in disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless operation of water skis, water sleds, surfboards or similar contrivances.
(Ord. No. 47A, § 4, 5-16-62)
State Law reference— Similar provisions, MCL 281.1074, MSA 18.1287(74).
Persons operating a motorboat on navigable waters in areas not marked by well-defined channels, canals, rivers or stream courses shall operate in a counterclockwise fashion insofar as it is reasonably possible. These persons and persons being towed on water skis, water sled, kite, surfboard or similar contrivance shall maintain a distance of one hundred (100) feet from any dock, raft, buoyed or occupied bathing area, or boat moored or at anchor, except when the boat is proceeding at a slow—no wake speed or when water skiers are being picked up or dropped off, if such operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this township and state.
(Ord. No. 47A, § 5, 5-16-62)
State Law reference— Similar provisions, MCL 281.1075.
(a)
Except as otherwise provided in subsection (d), a person less than twelve (12) years of age shall not operate a motorboat on the waters of this township unless each of the following conditions are met:
(1)
He or she is under the direct supervision of a person sixteen (16) years of age or older.
(2)
The motorboat he or she operates is powered by a motor or motors totaling no more than thirty-five (35) horse power.
(b)
Except as otherwise provided in subsection (d), a person twelve (12) through fifteen (15) years of age may operate a motorboat on the waters of this township only if that person complies with either of the following:
(1)
He or she is accompanied by at least one person sixteen (16) years of age or older.
(2)
He or she is in possession of a boating safety certificate issued after he or she has satisfactorily completed a Michigan Department of Natural Resources approved course in boating safety.
(c)
A person twelve (12) through fifteen (15) years of age operating a motorboat without the supervision of a person sixteen (16) years of age or older shall present the boating safety certificate issued to that person upon demand of any peace officer.
(d)
This section does not apply to the operation of a motorboat that is powered by a motor or motors totaling no more than six (6) horse power.
(Ord. No. 47A, § 6, 5-16-62; Ord. No. C-385, § 1, 2-1-93)
State Law reference— Similar provisions, MCL 281.1062.
No person shall throw, place or otherwise discard any bottle, box, paper, garbage, rubbish or similar objects or any type of unsanitary matter, material or fluid into or upon any navigable waters.
(Ord. No. 47A, § 7, 5-16-62)
State Law reference— Unlawful discharge into waters, MCL 323.6.
Editor's note— Section 1 of Ord. No. C-694, adopted April 10, 2006, repealed § 25-24, which pertained to time period when water skiing, etc., allowed, and derived from Ord. No. 47A, adopted May 16, 1962; and Ord. No. 47A-A, adopted June 6, 1977.
(a)
A person shall not operate on navigable waters a boat having in tow or otherwise assisting a person on water skis, water sled, aquaplane, surfboard or other similar contrivance, unless there is in the boat, in addition to the operator, at least one (1) competent person in a position to observe the progress of the person being towed. An observer shall be considered competent if he can, in fact, render assistance if necessary.
(b)
All motorboats engaged in the propulsion of a person on water skis, water sled, aquaplane, surfboard or similar contrivance, shall be equipped with a one hundred seventy degree wide angle rear view mirror affixed in a manner as will permit the operator to observe the progress of the person being towed.
(c)
The provisions of this section shall not apply to boats used by duly constituted ski schools in the giving of instructions, or to boats used in sanctioned ski tournaments, competitions, expositions or trials therefor, or to motorboats less than sixteen (16) feet in length actually operated by the person being towed and so constructed as to be incapable of carrying the operator in or on the motorboat.
(Ord. No. 47A, § 9, 5-16-62)
State Law reference— Similar provisions, MCL 281.1078.
It shall be unlawful for any person to operate any boat unless equipped with a proper muffler as required by state law, or to use any siren or noise-producing or noise-amplifying instrument on any boat on any navigable waters in such manner that the peace and good order of the neighborhood is disturbed; provided, however, that nothing in this section shall be construed to prohibit the use of whistles, bells or horns as signals required by the United States Motor Boat Act or other federal law for the safe navigation of motorboats or vessels.
(Ord. No. 47A, § 10, 5-16-62)
State Law reference— Muffler, underwater exhaust or noise reduction device on motorboat, MCL 281.1114.
The provisions of this article shall not be construed to prohibit the running of racing or exhibition boats muffled or unmuffled during any race or regatta operating under the provisions of Section 151 of Act 303 of the Public Acts of Michigan of 1967 (MCL 281.1151), as amended.
(Ord. No. 47A, § 11, 5-16-62)
Every operator of any boat livery or boat launching site open to the public shall post a copy of this article in a conspicuous place.
(Ord. No. 47A, § 13, 5-16-62)
Public Act 1999, No. 345, MCL 769.1f(8), authorizes a local unit of government to enact a local ordinance to permit a court to order a person convicted of a local ordinance substantially corresponding to section 80176(1) or (3) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.80176 (sections 25-18(c)(1) or (c)(3) of the West Bloomfield Charter Township Code of Ordinances) to reimburse the local unit of government for certain expenses. Such expenses include salaries and/or wages of law enforcement, fire department, and emergency medical service personnel, and costs of medical supplies. The township has determined that such expenses are significant. As a result, the township faces a greater operational and/or financial burden caused by persons who violate such sections. The purpose of this division is to authorize the court to order the defendant, upon conviction of one of the enumerated crimes, to reimburse the township for such expenses.
(Ord. No. C-171-B, § 1, 12-4-00)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
(a)
Reimbursement expenses mean:
(1)
The salaries or wages, including overtime pay, of law enforcement personnel for time spent responding to the incident from which the conviction arose, arresting the person convicted, processing the person after the arrest, preparing reports on the incident, investigating the incident, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath, or urine.
(2)
The salaries, wages, or other compensation, including overtime pay, of fire department and emergency medical service personnel, including volunteer fire fighters or volunteer emergency medical service personnel, for time spent in responding to and providing firefighting, rescue, and emergency medical services in relation to the incident from which the conviction arose.
(3)
The cost of medical supplies lost or expended by fire department and emergency medical service personnel, including volunteer firefighters or volunteer emergency medical service personnel, in providing services in relation to the incident from which the conviction arose.
(b)
Enumerated offense means a violation of subsection 25-18(c)(1) or (c)(3) of the West Bloomfield Charter Township Code of Ordinances.
(Ord. No. C-171-B, § 1, 12-4-00)
The court may order any person who is convicted of an enumerated offense to pay to the township such reimbursement expenses.
(Ord. No. C-171-B, § 1, 12-4-00)
(a)
An order for reimbursement under this division may be enforced by the township prosecuting attorney in the same manner as a judgment in a civil action.
(b)
A person shall not be imprisoned, jailed, or incarcerated for a violation of probation, or otherwise, for failure to make a reimbursement as ordered under this division unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
(Ord. No. C-171-B, § 1, 12-4-00)
All words and phrases used in this division shall be construed and have the same meaning as those words and phrases defined in Act. No. 303 of the Public Acts of Michigan of 1967 (MCL 281.1001 et seq.) as amended.
(Ord. No. 66A, § 1, 6-7-71; Ord. No. 72, § 1, 1-2-73; Ord. No. 75, § 1, 5-7-73; Ord. No. 76, § 1, 5-7-73; Ord. No. 77, § 1, 5-7-73; Ord. No. 80, § 1, 7-16-73; Ord. No. 88, § 1, 4-21-75; Ord. No. 73B, § 1, 2-2-76; Ord. No. 66A-A, § 1, 6-6-77; Ord. No. 99, § 1, 12-18-78; Ord. No. 106, § 1, 1-21-80; Ord. No. 114, § 1, 9-7-82)
Cross reference— Definitions and rules of construction generally, § 1-2.
It shall be unlawful for any person to operate a motorboat upon the following waters:
(1)
Morris Lake, Section 22, Town 2 North, Range 9 East, West Bloomfield Township;
(2)
Brookfield Pond, Section 13, Town 2 North, Range 9 East, West Bloomfield Township;
(3)
Moon Lake, Sections 13 and 14, Town 2 North, Range 9 East, West Bloomfield Township;
(4)
Simpson Lake, Section 23, Town 2 North, Range 9 East, West Bloomfield Township;
(5)
Woodpecker Lake, Sections 20 and 21, Town 2 North, Range 9 East, West Bloomfield Township.
(Ord. No. 72, § 2, 1-2-73; Ord. No. 75, § 2, 5-7-73; Ord. No. 76, § 2, 5-7-73; Ord. No. 77, § 2, 5-7-73; Ord. No. 80, § 2, 7-16-73)
It shall be unlawful for any person to operate a vessel powered by a motor, except an electric motor, on the following waters:
(1)
Cross Lake, Section 5, Town 2 North, Range 9 East, West Bloomfield Township;
(2)
Darb Lake, Sections 4, 5, 8 and 9, Town 2 North, Range 9 East, West Bloomfield Township;
(3)
Green Lake, Sections 7 and 8, Town 2 North Range 9 East, West Bloomfield Township.
(Ord. No. 99, § 2, 12-18-78; Ord. No. 106, § 2, 1-21-80; Ord. No. 114, § 2, 9-7-82)
(a)
On that part of the waters of Middle Straits Lake located in Section 7, Town 2 North, Range 9 East, West Bloomfield Township, it is unlawful for the operator of a vessel to exceed a slow no-wake speed.
(b)
On that part of the waters of Middle Straits Lake located in Sections 17 and 18, Town 2 North, Range 9 East, West Bloomfield Township, it is unlawful on Sundays, Memorial Day, Independence Day and Labor Day, except between the hours of 10:00 a.m. and 6:30 p.m. (11:00 a.m. and 7:30 p.m. when and where Eastern Daylight Savings Time is effect), to:
(1)
Operate a vessel at high speed;
(2)
Have in tow, or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.
(c)
On that part of Middle Straits Lake lying directly in the center of Section 16, T2N, R9E, West Bloomfield Township, Oakland County, State of Michigan, it is unlawful for the operator of a vessel to exceed a slow-no wake speed in that area directly adjacent to Bloomer Park, in a straight line from the tip of the natural shoreline from the north on a diagonal line to the first residence to the southeast of the park boundary line.
(Ord. No. 88, § 2, 4-21-75; Ord. No. 88-A, 7-21-75; Ord. No. 88-B, 6-6-77; Ord. No. C-88-C, § 1, 9-21-99)
On the waters of Gerundecut Bay, Cass Lake and connected artificial and natural canals and channels, Sections 3 and 4, Town 2 North, Range 9 East, West Bloomfield Township, it shall be unlawful to operate a vessel in excess of a slow no-wake speed in the waters of Gerundecut Bay and connected artificial and natural canals and channels, Section 3, Town 2 North, Range 9 East, West Bloomfield Township.
(Ord. No. 73B, § 2, 2-2-76; Ord. No. 73B-A, 6-6-77; Ord. No. C-337, § 1, 10-7-91; Ord. No. C-694, § 2, 4-10-06)
On the waters of Walnut Lake, Sections 24 and 25, Town 2 North, Range 9 East, West Bloomfield Township, no operator of any motor boat, during the period from 6:30 p.m. to 10:00 a.m. of the following day (7:30 p.m. to 11:00 a.m. of the following day when and where Eastern Daylight Savings Time is in effect) shall:
(1)
Operate such motor boat at high speed, which means a speed at or above which a motor boat reaches a planing condition; or
(2)
Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.
(Ord. No. 66A, § 2, 6-7-71; Ord. No. 66A-A, 6-6-77; Ord. No. C-66A-B, § 1, 6-19-95; Ord. No. C-66A-C, § 1, 8-10-95)
(a)
On the waters of Walnut Lake, the north part of Section 25, from the southeast corner of Walnut Lake entering into the southeast bay area, Town 2 North, Range 9 East, West Bloomfield Township, Oakland County, State of Michigan, it is unlawful for the operator of a vessel to exceed a slow-no-wake speed.
(b)
The boundaries of the area described immediately above shall be marked with signs and with buoys. All buoys must be placed as provided in a permit issued by the department of natural resources and be in conformance with the State Uniform Waterway Marking System.
(Ord. No. C-66A-D, § 1, 8-10-95)
On the waters of Pleasant Lake, Sections 20, 29, T2N, R9E, West Bloomfield Township, it is unlawful for the operator of a vessel to exceed a slow no-wake speed.
(Ord. No. 121, § 1, 10-6-86)
On the waters of Green Lake, Sections 7 and 8, T2N, R9E, West Bloomfield Township, Oakland County, it is unlawful to operate a vessel powered by a motor, except an electric motor, which shall not exceed a speed limit of ten (10) miles per hour. Speed and motor restrictions shall not apply to law enforcement or emergency response vessels.
(Ord. No. C-771, § 1, 2-11-13)
WATERWAYS
Cross reference— Boating in community parks, § 16-17.
State Law reference— Marine Safety Act, MCL 281.1001 et seq.
Discharge means the addition of any waste, waste effluent, wastewater, pollutant, or any combination thereof to any surface water of the state.
Municipal separate storm sewer system (MS4) means all separate storm sewers that are owned or operated by the United States, a state, city, village, township, county, district, association, or other public body created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated or approved management agency under Section 208 of the Clean Water Act that discharges to the waters of the state. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.
NPDES means National Pollutant Discharge Elimination System.
Stormwater means stormwater runoff, snow melt runoff, surface runoff and drainage, and non-stormwater including under conditions of this article.
(Ord. No. C-47-B, § 1, 12-18-23)
(a)
No person shall discharge or cause to be discharged into the MS4 or waters of the state of any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited; however, the following discharges are excluded from prohibition as described so long as they are identified as not being a significant contributor of pollutants to waters of the state:
• Water line flushing and discharges from potable water sources;
• Landscape irrigation runoff, lawn watering runoff, and irrigation waters;
• Diverted stream flows and flows from riparian habitats or wetlands;
• Rising groundwaters and springs;
• Uncontaminated groundwater infiltration and seepage;
• Uncontaminated pumped groundwater, except for groundwater cleanups specifically authorized by NPDES permits;
• Foundation drains, water from crawl space pumps, footing drains, and basement sumps;
• Air conditioning condensation;
• Waters from noncommercial car washing;
• Street wash water; and
• Dechlorinated swimming pool from single-, two-, or three-family residences.
(b)
Discharges or flows from firefighting activities are not prohibited unless they are identified as a significant source of pollutants to waters of the state.
(Ord. No. C-47-B, § 1, 12-18-23)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
Boats means all watercraft with or without self-propulsion machinery, including seaplanes when not airborne. The word "boat" shall include water skis, water sleds, surf boards or similar contrivances while being towed by any boat.
Navigable waters means all lakes, ponds, streams, lagoons, canals or other waters capable of navigation within the territorial limits of the township.
(Ord. No. 47A, § 1, 5-16-62)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Definitions, MCL 281.1002 et seq.
It shall be unlawful for any person to operate any boat upon any navigable waters unless the boat is properly licensed as required by state and federal laws and regulations.
(Ord. No. 47A, § 2, 5-16-62)
State Law reference— Numbering of motorboats, MCL 281.1031 et seq.; watercraft transfers and certificates of title, MCL 281.1201 et seq.
(a)
Definitions. As used in this act:
Conviction means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court disposition of a violation of this act, regardless of whether the penalty is rebated or suspended.
Law of another state means a law or ordinance enacted by another state or by a local unit of government in another state.
Long-term incapacitating injury means an injury that causes a person to be in a comatose, quadriplegic, hemiplegic or paraplegic state, which state is likely to continue for one year or more.
Operate means to be in control of a vessel that is underway and is not secured in some manner such as being docked or anchored.
Probate court disposition means the entry of a probate court order of disposition for a child found to be within the provisions of chapter XIIA of Act No. 288 of the Public Acts of 1939, being MCL 712A.1 to 712A.28.
Prosecuting attorney, except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county or the attorney representing a local unit of government.
(b)
Duty of operators to submit to reasonable inspections by peace officers; authority to arrest. The operator or person in charge of a vessel being used or operated on the waters of this township, upon being hailed by any peace officer empowered to enforce the provisions of this act or rules established under this act, shall immediately bring the vessel to a stop or maneuver it in a manner that permits the officer to come alongside. The operator or person in charge of the vessel and any other person on board shall give his or her correct name and address, exhibit the certificate of number awarded for the vessel, and submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel. A person who is detained for a violation of this act and who furnishes a peace officer false, forged, fictitious, or misleading verbal or written information identifying the person as another person is guilty of a misdemeanor. A peace officer who observes a violation by a person of this act or a rule established under this act may arrest the person without a warrant.
(c)
Operating vessel under the influence of liquor or drugs; prohibition:
(1)
A person shall not operate a vessel on the waters of this township if either of the following applies:
a.
The person is under the influence of intoxicating liquor or a controlled substance, or both.
b.
The person has a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol.
(2)
The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of this township by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol.
(3)
A person shall not operate a vessel on the waters of this township when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person's ability to operate the vessel is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4)
A person who operates a vessel on the waters of this township under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol, and by the operation of that vessel causes the death of another person is guilty of a felony punishable by imprisonment for not more than fifteen (15) years, or a fine of not less than two thousand five hundred dollars ($2,500.00) or more than ten thousand dollars ($10,000.00), or both.
(5)
A person who operates a vessel on the waters of this township under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of one-tenth of one percent (0.10%) or more by weight of alcohol, and by the operation of that vessel causes a long-term incapacitating injury to another person is guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not less than one thousand dollars ($1,000.00) or more than five thousand dollars ($5,000.00), or both.
(d)
Operating vessel under the influence of liquor or drugs; penalties:
(1)
If a person is convicted of violating subsection (c)(1) above, the following apply:
a.
Except as otherwise provided in subsections b. and c. below, the person is guilty of a misdemeanor and shall be punished by one or more of the following:
1.
Community service for not more than forty-five (45) days.
2.
Imprisonment for not more than ninety (90) days.
3.
A fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00).
b.
If the violation occurs within seven (7) years of a prior conviction, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for not less than ten (10) days or more than ninety (90) days and may be imprisoned for not more than one year.
2.
Imprisonment for not less than forty-eight (48) consecutive hours or more than one year and may be sentenced to community service for not more than ninety (90) days.
c.
If the violation occurs within ten (10) years of two (2) or more prior convictions, the person is guilty of a felony and shall be sentenced to imprisonment for not less than one year or more than five (5) years or a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), or both.
(2)
A term of imprisonment imposed under subsection b.2. above shall not be suspended. A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the township for the cost of supervision incurred by the township as a result of the person's activities in that service.
(3)
In addition to the sanctions prescribed under subsection (d)(1) and subsections (c)(4) and (5), the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws, order the person to pay the costs of prosecution. The court shall also impose sanctions under MCL 281.1181 and 1182.
(4)
A person who is convicted of violating subsection (c)(2) is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, or a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or both.
(5)
As used in this section, "prior conviction" means a conviction for a violation of subsections (c)(1), (4) or (5), former MCL 281.1073, a local ordinance substantially corresponding to MCL 281.1171(1) or former MCL 281.1073, or a law of another state substantially corresponding to MCL 281.1171(1), (4) or (5) or former MCL 281.1073.
(e)
Operating vessel while visibly impaired by liquor or drugs:
(1)
If a person is convicted of violating subsection (c)(3) above, the following apply:
a.
Except as otherwise provided in subsections b. and c. below, the person is guilty of a misdemeanor punishable by one or more of the following:
1.
Community service for not more than forty-five (45) days.
2.
Imprisonment for not more than ninety (90) days.
3.
A fine of not more than three hundred dollars ($300.00).
b.
If the violation occurs within seven (7) years of one prior conviction, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for not less than ten (10) days or more than ninety (90) days and may be sentenced to imprisonment for not more than one year.
2.
Imprisonment for not more than one year and may be sentenced to community service for not more than ninety (90) days.
c.
If the violation occurs within ten (10) years of two (2) or more prior convictions, the person shall be sentenced to both a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00) and either of the following:
1.
Community service for a period of not less than ten (10) days or more than ninety (90) days and may be sentenced to imprisonment for not more than one year.
2.
Imprisonment for not more than one year and may be sentenced to community service for not more than ninety (90) days.
(2)
In addition to the sanctions prescribed in subsection (1) above, the court may, pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws, order the person to pay the costs of the prosecution. The court shall also impose sanctions under MCL 281.1181 and 1182.
(3)
A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(4)
As used in this section, "prior conviction" means a conviction for a violation of subsections (c)(1), (3), (4) or (5), former MCL 281.1073, former MCL 281.1073b, a local ordinance substantially corresponding to subsection (c)(1), former MCL 281.1073, or former MCL 281.1073b, or a law of another state substantially corresponding to subsections (c)(1), (3), (4) or (5), former MCL 281.1073 or former section MCL 281.1073b.
(f)
Presumptions of blood chemical analysis; admissibility of results. Except in a prosecution relating solely to a violation of subsection (c)(1)b. above, the amount of alcohol in the operator's blood at the time alleged as shown by chemical analysis of the person's blood, urine, or breath gives rise to the following presumptions:
(1)
If there was at the time seven-hundredths of one percent (0.07%) or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant's ability to operate a vessel was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(2)
If there was at the time in excess of seven-hundredths of one percent (0.07%) but less than one-tenth of one percent (0.10%) by weight of alcohol in the defendant's blood, it shall be presumed that the defendant's ability to operate a vessel was impaired within the provisions of subsection (c)(3) above due to the consumption of intoxicating liquor.
(3)
If there was at the time one-tenth of one percent (0.10%) or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
A person's refusal to submit to a chemical test is admissible in a criminal prosecution for a crime described in subsection (c) only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
(g)
Consideration of prior convictions; sanctions. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of subsections (c)(1), (3), (4) or (5), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the boating record of the person, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(1)
For a conviction under subsections (c)(4) or (5), the court shall order with no expiration date that the person not operate a vessel on the waters of this state.
(2)
For a conviction under subsection (c)(1) or a local ordinance substantially corresponding to subsection (c)(1), if the court finds that the person has no prior convictions within seven (7) years for a violation of subsections (c)(1), (3), (4) or (5) or another boating substance abuse offense or that the person has one prior conviction within seven (7) years for a violation of subsection (c)(3), former MCL 281.1073b, a local ordinance substantially corresponding to subsection (c)(3) or former MCL 281.1073b, or a law of another state substantially corresponding to subsection (c)(3) or former MCL 281.1073b, the court may order that the person not operate a vessel on the waters of this state for not less than one year or more than two (2) years.
(h)
Operating vessel on waters of township by persons prohibited from operating vessels on waters of the state:
(1)
A person who is ordered not to operate a vessel on the waters of this state and who has been notified of the order by personal service or first-class mail shall not operate a vessel on the waters of this township. A person shall not knowingly permit a vessel owned by the person to be operated on the waters of this township by a person who is subject to such an order. A person who violates this subsection is guilty of a misdemeanor punishable as follows:
a.
By imprisonment for not more than ninety (90) days or by a fine of not more than five hundred dollars ($500.00), or both.
b.
For a second or subsequent violation punishable under this subsection, by imprisonment for not more than one year or a fine of not more than one thousand dollars ($1,000.00), or both.
(2)
Upon receiving a record of the conviction of a person upon a charge of unlawful operation of a vessel while the person is subject to an order not to operate a vessel on the waters of this state, the Secretary of State shall immediately extend the length of the order for an additional like period. If the Secretary of State receives records of more than one conviction resulting from the same incident, all of the convictions shall be treated as a single violation for purposes of extending the length of an order under this subsection.
(3)
Before a person is arraigned before a judge or district court magistrate on a charge of violating this section, the arresting officer shall obtain the boating record of the person from the Secretary of State and shall furnish the record to the court. The boating record of the person may be obtained from the Secretary of State's computer information network.
(4)
This section does not apply to a person who operates a vessel solely for the purpose of protecting human life or property if the life or property is endangered and the summoning or giving of prompt aid is essential.
(5)
If a person is convicted of violating subsection (h)(1) above, the court shall order confiscation of the vessel's certificate of number and cancellation of the vessel's registration numbers, unless the vessel was stolen or permission to use the vessel was not knowingly given. The Secretary of State shall not assign a registration number to or issue a certificate of number for a vessel whose number is canceled and certificate confiscated until after the expiration of ninety (90) days after the cancellation or confiscation, whichever is later.
(i)
Impoundment and subsequent disposition:
(1)
When a person is convicted under subsection (h) above, the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than thirty (30) or more than one hundred twenty (120) days from the date of judgment. An order of impoundment issued pursuant to this subsection is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
(2)
The owner of a vessel impounded pursuant to this subsection is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vessel is not returned as provided in this subsection within thirty (30) days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
(3)
Nothing in this subsection affects the rights of a conditional vendor, chattel mortgagee or lessor of a vessel registered in the name of another person as owner who becomes subject to this act.
(j)
Treatment of nolo contendere conviction. A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilt for all purposes under this act.
(Ord. No. 47A, § 3, 5-16-62; Ord. No. C-401, §§ 1—10, 8-2-93)
Cross reference— Alcoholic beverages generally, Ch. 5.
State Law reference— Similar provisions, MCL 281.1073, MSA 18.1287(73)(1).
A person operating or propelling a boat upon any navigable waters shall operate it in a careful and prudent manner and at such a rate of speed so as not to endanger unreasonably the life or property of any person. A person shall not operate any boat at a rate of speed greater than will permit him, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead. A person shall not operate a boat in a manner so as to interfere unreasonably with the lawful use by others of any navigable waters.
(Ord. No. 47A, § 4, 5-16-62)
State Law reference— Similar provisions, MCL 281.1072, MSA 18.1287(72).
A person who operates any boat, upon any navigable waters, carelessly and needlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless operation of a boat. A person who navigates, steers or controls himself while being towed on water skis, water sled, surfboard or similar contrivances, upon any navigable waters, carelessly and needlessly in disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless operation of water skis, water sleds, surfboards or similar contrivances.
(Ord. No. 47A, § 4, 5-16-62)
State Law reference— Similar provisions, MCL 281.1074, MSA 18.1287(74).
Persons operating a motorboat on navigable waters in areas not marked by well-defined channels, canals, rivers or stream courses shall operate in a counterclockwise fashion insofar as it is reasonably possible. These persons and persons being towed on water skis, water sled, kite, surfboard or similar contrivance shall maintain a distance of one hundred (100) feet from any dock, raft, buoyed or occupied bathing area, or boat moored or at anchor, except when the boat is proceeding at a slow—no wake speed or when water skiers are being picked up or dropped off, if such operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this township and state.
(Ord. No. 47A, § 5, 5-16-62)
State Law reference— Similar provisions, MCL 281.1075.
(a)
Except as otherwise provided in subsection (d), a person less than twelve (12) years of age shall not operate a motorboat on the waters of this township unless each of the following conditions are met:
(1)
He or she is under the direct supervision of a person sixteen (16) years of age or older.
(2)
The motorboat he or she operates is powered by a motor or motors totaling no more than thirty-five (35) horse power.
(b)
Except as otherwise provided in subsection (d), a person twelve (12) through fifteen (15) years of age may operate a motorboat on the waters of this township only if that person complies with either of the following:
(1)
He or she is accompanied by at least one person sixteen (16) years of age or older.
(2)
He or she is in possession of a boating safety certificate issued after he or she has satisfactorily completed a Michigan Department of Natural Resources approved course in boating safety.
(c)
A person twelve (12) through fifteen (15) years of age operating a motorboat without the supervision of a person sixteen (16) years of age or older shall present the boating safety certificate issued to that person upon demand of any peace officer.
(d)
This section does not apply to the operation of a motorboat that is powered by a motor or motors totaling no more than six (6) horse power.
(Ord. No. 47A, § 6, 5-16-62; Ord. No. C-385, § 1, 2-1-93)
State Law reference— Similar provisions, MCL 281.1062.
No person shall throw, place or otherwise discard any bottle, box, paper, garbage, rubbish or similar objects or any type of unsanitary matter, material or fluid into or upon any navigable waters.
(Ord. No. 47A, § 7, 5-16-62)
State Law reference— Unlawful discharge into waters, MCL 323.6.
Editor's note— Section 1 of Ord. No. C-694, adopted April 10, 2006, repealed § 25-24, which pertained to time period when water skiing, etc., allowed, and derived from Ord. No. 47A, adopted May 16, 1962; and Ord. No. 47A-A, adopted June 6, 1977.
(a)
A person shall not operate on navigable waters a boat having in tow or otherwise assisting a person on water skis, water sled, aquaplane, surfboard or other similar contrivance, unless there is in the boat, in addition to the operator, at least one (1) competent person in a position to observe the progress of the person being towed. An observer shall be considered competent if he can, in fact, render assistance if necessary.
(b)
All motorboats engaged in the propulsion of a person on water skis, water sled, aquaplane, surfboard or similar contrivance, shall be equipped with a one hundred seventy degree wide angle rear view mirror affixed in a manner as will permit the operator to observe the progress of the person being towed.
(c)
The provisions of this section shall not apply to boats used by duly constituted ski schools in the giving of instructions, or to boats used in sanctioned ski tournaments, competitions, expositions or trials therefor, or to motorboats less than sixteen (16) feet in length actually operated by the person being towed and so constructed as to be incapable of carrying the operator in or on the motorboat.
(Ord. No. 47A, § 9, 5-16-62)
State Law reference— Similar provisions, MCL 281.1078.
It shall be unlawful for any person to operate any boat unless equipped with a proper muffler as required by state law, or to use any siren or noise-producing or noise-amplifying instrument on any boat on any navigable waters in such manner that the peace and good order of the neighborhood is disturbed; provided, however, that nothing in this section shall be construed to prohibit the use of whistles, bells or horns as signals required by the United States Motor Boat Act or other federal law for the safe navigation of motorboats or vessels.
(Ord. No. 47A, § 10, 5-16-62)
State Law reference— Muffler, underwater exhaust or noise reduction device on motorboat, MCL 281.1114.
The provisions of this article shall not be construed to prohibit the running of racing or exhibition boats muffled or unmuffled during any race or regatta operating under the provisions of Section 151 of Act 303 of the Public Acts of Michigan of 1967 (MCL 281.1151), as amended.
(Ord. No. 47A, § 11, 5-16-62)
Every operator of any boat livery or boat launching site open to the public shall post a copy of this article in a conspicuous place.
(Ord. No. 47A, § 13, 5-16-62)
Public Act 1999, No. 345, MCL 769.1f(8), authorizes a local unit of government to enact a local ordinance to permit a court to order a person convicted of a local ordinance substantially corresponding to section 80176(1) or (3) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.80176 (sections 25-18(c)(1) or (c)(3) of the West Bloomfield Charter Township Code of Ordinances) to reimburse the local unit of government for certain expenses. Such expenses include salaries and/or wages of law enforcement, fire department, and emergency medical service personnel, and costs of medical supplies. The township has determined that such expenses are significant. As a result, the township faces a greater operational and/or financial burden caused by persons who violate such sections. The purpose of this division is to authorize the court to order the defendant, upon conviction of one of the enumerated crimes, to reimburse the township for such expenses.
(Ord. No. C-171-B, § 1, 12-4-00)
The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:
(a)
Reimbursement expenses mean:
(1)
The salaries or wages, including overtime pay, of law enforcement personnel for time spent responding to the incident from which the conviction arose, arresting the person convicted, processing the person after the arrest, preparing reports on the incident, investigating the incident, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath, or urine.
(2)
The salaries, wages, or other compensation, including overtime pay, of fire department and emergency medical service personnel, including volunteer fire fighters or volunteer emergency medical service personnel, for time spent in responding to and providing firefighting, rescue, and emergency medical services in relation to the incident from which the conviction arose.
(3)
The cost of medical supplies lost or expended by fire department and emergency medical service personnel, including volunteer firefighters or volunteer emergency medical service personnel, in providing services in relation to the incident from which the conviction arose.
(b)
Enumerated offense means a violation of subsection 25-18(c)(1) or (c)(3) of the West Bloomfield Charter Township Code of Ordinances.
(Ord. No. C-171-B, § 1, 12-4-00)
The court may order any person who is convicted of an enumerated offense to pay to the township such reimbursement expenses.
(Ord. No. C-171-B, § 1, 12-4-00)
(a)
An order for reimbursement under this division may be enforced by the township prosecuting attorney in the same manner as a judgment in a civil action.
(b)
A person shall not be imprisoned, jailed, or incarcerated for a violation of probation, or otherwise, for failure to make a reimbursement as ordered under this division unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
(Ord. No. C-171-B, § 1, 12-4-00)
All words and phrases used in this division shall be construed and have the same meaning as those words and phrases defined in Act. No. 303 of the Public Acts of Michigan of 1967 (MCL 281.1001 et seq.) as amended.
(Ord. No. 66A, § 1, 6-7-71; Ord. No. 72, § 1, 1-2-73; Ord. No. 75, § 1, 5-7-73; Ord. No. 76, § 1, 5-7-73; Ord. No. 77, § 1, 5-7-73; Ord. No. 80, § 1, 7-16-73; Ord. No. 88, § 1, 4-21-75; Ord. No. 73B, § 1, 2-2-76; Ord. No. 66A-A, § 1, 6-6-77; Ord. No. 99, § 1, 12-18-78; Ord. No. 106, § 1, 1-21-80; Ord. No. 114, § 1, 9-7-82)
Cross reference— Definitions and rules of construction generally, § 1-2.
It shall be unlawful for any person to operate a motorboat upon the following waters:
(1)
Morris Lake, Section 22, Town 2 North, Range 9 East, West Bloomfield Township;
(2)
Brookfield Pond, Section 13, Town 2 North, Range 9 East, West Bloomfield Township;
(3)
Moon Lake, Sections 13 and 14, Town 2 North, Range 9 East, West Bloomfield Township;
(4)
Simpson Lake, Section 23, Town 2 North, Range 9 East, West Bloomfield Township;
(5)
Woodpecker Lake, Sections 20 and 21, Town 2 North, Range 9 East, West Bloomfield Township.
(Ord. No. 72, § 2, 1-2-73; Ord. No. 75, § 2, 5-7-73; Ord. No. 76, § 2, 5-7-73; Ord. No. 77, § 2, 5-7-73; Ord. No. 80, § 2, 7-16-73)
It shall be unlawful for any person to operate a vessel powered by a motor, except an electric motor, on the following waters:
(1)
Cross Lake, Section 5, Town 2 North, Range 9 East, West Bloomfield Township;
(2)
Darb Lake, Sections 4, 5, 8 and 9, Town 2 North, Range 9 East, West Bloomfield Township;
(3)
Green Lake, Sections 7 and 8, Town 2 North Range 9 East, West Bloomfield Township.
(Ord. No. 99, § 2, 12-18-78; Ord. No. 106, § 2, 1-21-80; Ord. No. 114, § 2, 9-7-82)
(a)
On that part of the waters of Middle Straits Lake located in Section 7, Town 2 North, Range 9 East, West Bloomfield Township, it is unlawful for the operator of a vessel to exceed a slow no-wake speed.
(b)
On that part of the waters of Middle Straits Lake located in Sections 17 and 18, Town 2 North, Range 9 East, West Bloomfield Township, it is unlawful on Sundays, Memorial Day, Independence Day and Labor Day, except between the hours of 10:00 a.m. and 6:30 p.m. (11:00 a.m. and 7:30 p.m. when and where Eastern Daylight Savings Time is effect), to:
(1)
Operate a vessel at high speed;
(2)
Have in tow, or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.
(c)
On that part of Middle Straits Lake lying directly in the center of Section 16, T2N, R9E, West Bloomfield Township, Oakland County, State of Michigan, it is unlawful for the operator of a vessel to exceed a slow-no wake speed in that area directly adjacent to Bloomer Park, in a straight line from the tip of the natural shoreline from the north on a diagonal line to the first residence to the southeast of the park boundary line.
(Ord. No. 88, § 2, 4-21-75; Ord. No. 88-A, 7-21-75; Ord. No. 88-B, 6-6-77; Ord. No. C-88-C, § 1, 9-21-99)
On the waters of Gerundecut Bay, Cass Lake and connected artificial and natural canals and channels, Sections 3 and 4, Town 2 North, Range 9 East, West Bloomfield Township, it shall be unlawful to operate a vessel in excess of a slow no-wake speed in the waters of Gerundecut Bay and connected artificial and natural canals and channels, Section 3, Town 2 North, Range 9 East, West Bloomfield Township.
(Ord. No. 73B, § 2, 2-2-76; Ord. No. 73B-A, 6-6-77; Ord. No. C-337, § 1, 10-7-91; Ord. No. C-694, § 2, 4-10-06)
On the waters of Walnut Lake, Sections 24 and 25, Town 2 North, Range 9 East, West Bloomfield Township, no operator of any motor boat, during the period from 6:30 p.m. to 10:00 a.m. of the following day (7:30 p.m. to 11:00 a.m. of the following day when and where Eastern Daylight Savings Time is in effect) shall:
(1)
Operate such motor boat at high speed, which means a speed at or above which a motor boat reaches a planing condition; or
(2)
Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.
(Ord. No. 66A, § 2, 6-7-71; Ord. No. 66A-A, 6-6-77; Ord. No. C-66A-B, § 1, 6-19-95; Ord. No. C-66A-C, § 1, 8-10-95)
(a)
On the waters of Walnut Lake, the north part of Section 25, from the southeast corner of Walnut Lake entering into the southeast bay area, Town 2 North, Range 9 East, West Bloomfield Township, Oakland County, State of Michigan, it is unlawful for the operator of a vessel to exceed a slow-no-wake speed.
(b)
The boundaries of the area described immediately above shall be marked with signs and with buoys. All buoys must be placed as provided in a permit issued by the department of natural resources and be in conformance with the State Uniform Waterway Marking System.
(Ord. No. C-66A-D, § 1, 8-10-95)
On the waters of Pleasant Lake, Sections 20, 29, T2N, R9E, West Bloomfield Township, it is unlawful for the operator of a vessel to exceed a slow no-wake speed.
(Ord. No. 121, § 1, 10-6-86)
On the waters of Green Lake, Sections 7 and 8, T2N, R9E, West Bloomfield Township, Oakland County, it is unlawful to operate a vessel powered by a motor, except an electric motor, which shall not exceed a speed limit of ten (10) miles per hour. Speed and motor restrictions shall not apply to law enforcement or emergency response vessels.
(Ord. No. C-771, § 1, 2-11-13)