PARKS AND RECREATION*
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*Cross reference(s)‑‑Administration, ch. 2; community development, ch. 22; environment, ch. 30; harbors and waterways, ch. 38; planning, ch. 62; traffic and vehicles, ch. 82.
State law reference(s)‑‑Authority to operate recreation areas and playgrounds, MCL 123.51 et seq., MSA 5.2421 et seq.
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Sec. 58-1. Liability of city.
Secs. 58-2‑‑58-25. Reserved.
Article II. Parks Administration
Division 1. Generally
Secs. 58-26‑‑58-35. Reserved.
Division 2. Parks Commission
Sec. 58-36. Creation.
Sec. 58-37. Membership.
Sec. 58-38. Terms.
Sec. 58-39. Officers.
Sec. 58-40. Meetings.
Sec. 58-41. Duties.
Secs. 58-42‑‑58-50. Reserved.
Division 3. Liberty Hyde Bailey Park Board
Sec. 58-51. Description of park.
Sec. 58-52. Creation; appointment.
Sec. 58-53. Membership; compensation.
Sec. 58-54. Officers; records; quorum.
Sec. 58-55. Administration; regulation; fund.
Sec. 58-56. Claims or accounts.
Sec. 58-57. Reports to council.
Sec. 58-58. Endowment fund.
Sec. 58-59. Gifts and loans to park museum.
Secs. 58-60‑‑58-80. Reserved.
Sec. 58-81. Closing hours.
Sec. 58-82. Damage.
Sec. 58-83. Prohibited activities.
Sec. 58-84. Bicycle use.
Sec. 58-85. Animals.
Sec. 58-86. Operation of vehicles.
Sec. 58-87. Operation of vessels in swimming areas.
Sec. 58-88. Leaving or storing of boats or other property on public beaches or their parking lots.
Sec. 58-89. Closing hours of beaches.
Sec. 58-90. Closing of public beaches.
Sec. 58-91. Swimming in Black River.
Sec. 58-92. Use of water skis, surfboards, saucers on Black River.
Sec. 58-93. Exceeding slow-no wake speed on Black River waters.
Sec. 58-94. Fishing in Riverbend Park.
Sec. 58-95. Loading and unloading of boats and equipment at Riverbend Park.
Sec. 58-96. Storage of boats or trailers in Riverbend Park.
Sec. 58-97. Swimming in Lake Michigan.
Sec. 58-98. Breaking glass containers on Lake Michigan.
Sec. 58-99. Restrictions on placement or resting of water vehicles.
Sec. 58-100. Fuel or similar substances prohibited.
ARTICLE I. IN GENERAL
Sec. 58-1. Liability of city.
This chapter shall not be construed as imposing upon the city any liability or responsibility for damages to any person injured by or on city parks or waterway property as a result of any persons violating the rules as set forth in this chapter.
(Code 1965, Sec. 8.15)
Secs. 58-2‑‑58-25. Reserved.
ARTICLE II. PARKS ADMINISTRATION
DIVISION 1. GENERALLY
Secs. 58-26‑‑58-35. Reserved.
DIVISION 2. PARKS COMMISSION*
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*Cross reference(s)‑‑Administration, ch. 2; cemeteries, ch. 18.
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Sec. 58-36. Creation.
A parks and cemetery commission is established, to be called the parks commission.
(Code 1965, Sec. 8.01; Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-37. Membership.
The parks commission shall be comprised of seven members, six of whom shall be appointed by city council from the citizenry, and one member from the city council. All members of the parks commission shall serve without compensation.
(Code 1965, Sec. 8.02; Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-38. Terms.
The term of each appointed citizen member shall be for three years or until their successor takes office, except that upon creation of the commission, two members shall be appointed for one year and two shall be appointed for two years. The absence of any member of the parks commission for three consecutive meetings without a reasonable and valid excuse shall create a vacancy.
(Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-39. Officers.
The parks commission shall elect annually a chairperson and vice-chairperson from among its membership. The terms of these officers shall be for one year, with eligibility for re-election. The chairperson shall preside over the meetings, ensure that printed records are kept, and serve as the ex officio member of any and all topic committees that may be created from time to time. The vice-chairperson shall perform the duties of the chairperson of the parks commission during the absence or disability of the chairperson.
(Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-40. Meetings.
The parks commission shall meet on a monthly basis. Regular meetings of the parks commission shall be set each calendar year and posted in appropriate places to inform the community of the regular meeting dates.
(Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-41. Duties.
(a) It shall be the duty of the parks commission to make recommendations to the city manager and/or parks superintendent and public officials of the city for the operation, maintenance, caretaking, rehabilitation, and capital expenditures for the city park facilities and property, including playgrounds, beaches, and other recreational facilities as follows:
(1) South Beach. Consisting of that publicly owned beach frontage west of Monroe Boulevard from South Haven Street to the South Harbor Line.
(2) North Beach. Consisting of beach frontage from the north line of Avery Street to the North Harbor Line west of Lake Shore Drive.
(3) Stanley Johnston Park. Consisting of property abounded by Dyckman Avenue, Park Avenue, and Black River Street.
(4) Monroe Playground. Consisting of the area abounded by St. Joseph Street, Monroe Boulevard, Monroe Street and South Haven Street.
(5) Elkenburg Park. Consisting of public property located within Elkenburg Street, Kalamazoo Street, Humphrey Street and Indiana Avenue.
(6) Tot Lot. Consisting of that property owned by the cemetery at the corner of Wilson and Bailey.
(7) Ravinia Park. As platted.
(8) Hartman Park. As platted.
(9) Packard Park. As platted.
(10) Dyckman Park. Located between Phoenix Street and Huron Street at the city parking lot.
(11) All street frontages which are used or could be used for pedestrian access to the beaches such as the end of Lake Court, Apache Court, Chippewa Court, Woodman Street, Dyckman Avenue, Oak Street and Newcome Street.
(12) That section of Black River Park that is not utilized for boat-related purposes and is under the jurisdiction of the city council through the harbor commission.
(13) That parcel of land lying between Water Street and the Black River from South Beach to the Administration Building of the Municipal Marina, including the former Coast Guard Station property.
(14) Such other areas as are from time to time purchased and/or designated as park land by the city council.
(b) On a yearly basis, the parks commission shall review the annual budget for the parks department and recommend to the city council approval of the budget.
(c) The parks commission shall review and recommend to the city council all development plans and rehabilitation of facilities at the city’s parks. The parks commission shall, when requested by the city council, assist the administration in the oversight of the development of approved projects.
(d) The parks commission shall prepare and submit to the city manager, for inclusion in the annual five-year capital improvement plan, its annual five-year capital improvement plan proposals with respect to city-owned park land.
(e) The parks commission shall make recommendations to the city manager for the management of park properties within the city. It shall review and recommend to the city manager and city council rules for the use of city-owned parks and structures.
(f) The parks commission shall also act as the cemetery board of trustees, as specified within section 18-5 et seq.
(Code 1965, Sec. 8.04; Ord. No. 747, Sec. 1, 11-28-91)
Secs. 58-42‑‑58-50. Reserved.
DIVISION 3. LIBERTY HYDE BAILEY PARK BOARD*
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*Cross reference(s)‑‑Administration, ch. 2.
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Sec. 58-51. Description of park.
The property deeded to the city through the generosity of Mrs. Clifton B. Charles, together with certain adjacent city-owned lands, shall be known and designated as Liberty Hyde Bailey Park. The lands comprising this park are legally described as situated in the City of South Haven, County of Van Buren and State of Michigan commencing at the southwest corner of Section 11, Town 1 south, Range 17 west, thence north on the west section line of Section 11 1097.63 feet to the point of beginning, thence north 88 28"26" east parallel to the south line of the north 1/2 of the southwest 1/4 of the southwest 1/4 of Section 11 430.00 feet, thence north parallel with the west section line of Section 11 311.70 feet, thence south 88 28"26" west 244.00 feet to the west section line of Section 11, thence south along the west section line of Section 11 120 feet to the point of beginning, subject to easements and road rights-of-way of record.
(Code 1965, Sec. 8.13(a); Ord. No. 829, Sec. 1, 9-5-95)
Sec. 58-52. Creation; appointment.
Administration of Liberty Hyde Bailey Park, subject to the direction and control of the council, shall be vested in a board consisting of seven members to be appointed by the council. On the first Monday of May of each year, the council shall appoint or reappoint members for a four-year term for those members whose term expires.
(Code 1965, Sec. 8.13(b); Ord. No. 828, Sec. 1, 9-5-95)
Sec. 58-53. Membership; compensation.
Each person appointed shall have been a resident of the city for at least one year immediately prior to the day of his/her appointment and shall be a qualified and registered elector of the city on such day and throughout his/her tenure of office. In addition to the seven regular members, the city may appoint additional ex-officio members from outside of the corporate limits of the city. Members of the board shall serve without compensation.
(Code 1965, Sec. 8.13(b); Ord. No. 828, Sec. 2, 9-5-95)
Sec. 58-54. Officers; records; quorum.
Members of the board shall within ten days after their first appointment and annually thereafter during the month of May organize and elect one of their number as president and another as secretary. The secretary shall perform all the clerical labor required by the board and shall have charge of all its books, records, accounts and papers. A majority of the board shall constitute a quorum for the transaction of business.
(Code 1965, Sec. 8.13(c))
Sec. 58-55. Administration; regulation; fund.
Subject to the direction of the council, the board shall be charged with the management, supervision, operation and control of the park, and shall have power to make such bylaws, rules and regulations as it may deem necessary and expedient to carry out the purposes of the gift. Such regulations may provide for the leasing of the home to a tenant at a rental to be fixed by the board, and under such terms, conditions and reservations as to use as will ensure operation of the home and surrounding property as a memorial and museum in keeping with the terms of the deed of gift. The revenue from such rental shall be paid into a fund toward the maintenance of the home and museum. The fund shall be designated on the books of the city as the Liberty Hyde Bailey Park fund.
(Code 1965, Sec. 8.13(d))
Sec. 58-56. Claims or accounts.
All claims or accounts that may be incurred by the board shall first be submitted to and approved by the board and shall then be submitted to the council. No money shall be paid out of the city treasury on account of the park or any claims against the board until the council shall have authorized such payment. The payment shall be paid by warrant charged to the Liberty Hyde Bailey Park fund.
(Code 1965, Sec. 8.13(e))
Sec. 58-57. Reports to council.
It shall be the duty of the board to make an annual report to the council on the third Monday in April in each year. This report shall embrace an itemized statement of the revenues and expenditures relating to or in connection with the operation and maintenance of Liberty Hyde Bailey Park. This report may also include such other information concerning the operation of the park as the board may deem suitable for transmission to the council. The board shall also make such other report and furnish such other information to the council as that body shall require. On or before the first Monday in May in each year, the board shall submit to the council an estimate of the amount necessary to maintain and operate such park in addition to such other income as shall be estimated, which estimates may be increased, modified or adopted by the council as in its judgment may seem justified.
(Code 1965, Sec. 8.13(f))
Sec. 58-58. Endowment fund.
The council may accept gifts of money for an endowment fund, which shall be invested as the council shall direct, and the interest from which shall be paid into the Liberty Hyde Bailey Park fund.
(Code 1965, Sec. 8.13(g))
Sec. 58-59. Gifts and loans to park museum.
The board may accept gifts of articles deemed suitable for display in the museum in such park. The board may also accept the loan of articles to be displayed for definite or indefinite periods therein, with the distinct understanding in each case that neither the city nor the board shall accept or incur any liability or responsibility for the loss of, or damage to, any such articles while so loaned for such display.
(Code 1965, Sec. 8.13(h))
Secs. 58-60‑‑58-80. Reserved.
Sec. 58-81. Closing hours.
(a) Unless otherwise provided, the public parks of the city shall be open to the public only between sunrise in the morning and 10:00 p.m. of each day, except for Riverfront Park which shall be open from sunrise in the morning until 11:00 p.m. nightly. Planned activities under the direct supervision of city personnel or sanctioned by the city council may be exempt from the closing hours. No person, except those in charge of the parks, shall enter or be therein while such parks are closed to the public.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 8.05; Ord. No. 766, Sec. 1, 6-11-92; Ord. No. 816, Sec. 14, 2-6-95)
Sec. 58-82. Damage.
No person shall break, cut, mutilate, overturn, injure, remove or carry away any tree, shrub, flower, plant, stone, stonework, bench, chair, seat, bower, playground equipment, structure, or anything whatever in or from any park or street or avenue adjacent thereto. No person shall climb into or upon any tree, table or structure in any park, nor kill, destroy or molest any bird, bird’s nest, animal or fish within or belonging to any park. No person shall paste, affix or inscribe any handbills, signs, posters, cord devices or inscriptions to, upon, or against any tree, structure or property of or in any park, or the streets adjacent thereto nor disfigure or injure any sward, walk, turf, or earth in a park.
(Code 1965, Sec. 8.06)
Sec. 58-83. Prohibited activities.
No person or organization shall do any of the following activities in a park without the written consent of the city manager. The person or organization may appeal the city manager’s decision to the city council should they feel the need to do so.
(1) Hold or participate in any parade, drill, exhibition or political or religious meeting.
(2) Speak publicly or deliver oration, address, speech, sermon or lecture.
(3) Carry or use any firearm of any description, air rifles or slingshots or discharge any fireworks or explosive devices of any nature.
(4) Erect any structure.
(5) Canvass, advertise, solicit, vend or rent any service, merchandise or object of any kind.
(6) Hold or participate in any public function other than those conducted by the city.
(7) For any gatherings in excess of 500 people, chapter 42 of this Code shall apply.
(Code 1965, Sec. 8.07; Ord. No. 747, Sec. 1, 11-28-91)
Sec. 58-84. Bicycle use.
No person shall ride a bicycle in a park, except over paths and roads designated for such use. No person shall park a bicycle in a park except in designated areas.
(Code 1965, Sec. 8.08)
Sec. 58-85. Animals.
(a) No person shall permit any animal to run at large within the public parks, nor allow any dog therein except when led by a leash. No animal shall be led or ridden onto any portion of a sand beach of a public park. Sand beach shall mean that portion of lake, river or other water frontage not surfaced for street or sidewalk use.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 8.09; Ord. No. 816, Sec. 15, 2-6-95)
Cross reference(s)‑‑Animals, ch. 6.
Sec. 58-86. Operation of vehicles.
(a) No person shall operate any motor vehicle in a park in such manner as to create a noise nuisance.
(b) No person shall drive a vehicle in a park at a speed unsafe for conditions or in excess of the posted speed limit.
(c) No person shall drive or park a vehicle anywhere except on established drives and parking areas.
(d) No person shall use a park drive for the purpose of demonstrating, teaching the driving of, or learning to drive, any vehicle.
(e) No person shall tow another vehicle on a park drive except in case of breakdown in the park.
(f) No person shall drive or operate a vehicle used solely for commercial purposes unless upon park business.
(g) No person other than a city employee in the course of his employment shall operate any motor vehicle on any portion of the sand beach of a public park. Sand beach shall mean that portion of lake frontage not surfaced for street or sidewalk use.
(Code 1965, Sec. 8.10)
Sec. 58-87. Operation of vessels in swimming areas.
No person shall operate any vessel in a specifically designated and/or buoyed swimming area or in a manner which endangers swimmers. Such vessels shall include, but not be limited to, powered watercraft, personal watercraft, paddleboats, and/or sailboats. No person shall use any park or city property as a base for operating such vessels for hire except as provided under contract with the city.
(Code 1965, Sec. 8.12(f))
Sec. 58-88. Leaving or storing of boats or other property on public beaches or their parking lots.
(a) Except as noted in this section, no person shall leave overnight or store any personal property or any vessel, whether motorized or not motorized, on the North Beach, South Beach or any other public beach, park or their related parking lots in the city. Any vessels or other personal property left on the city beaches or parks will be deemed abandoned and may be removed by the city. The owners shall pay removal and towing charges as well as storage charges in order to redeem the property. Removal, towing and storage charges shall be based on the cost to the city for removal. The city manager shall be authorized to allow nonmotorized boats and other personal property to be stored overnight on the city’s beaches during regattas and other special boating events.
(b) In addition to any other remedies set forth in this section, any person who shall violate any of the provisions of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 8.12(e); Ord. No. 696, Sec. 1, 8-27-87; Ord. No. 816, Sec. 16, 2-6-95)
Sec. 58-89. Closing hours of beaches.
(a) The North Beach and South Beach in the city and their bordering parking lots shall be closed from 11:00 p.m. to daylight to public gatherings, including beach parties, reunions, festivals and all other events. All other municipal beaches and parking lots shall be closed from 10:00 p.m. to daylight.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 8.12(b); Ord. No. 669, Sec. 1, 5-20-85; Ord. No. 816, Sec. 17, 2-6-95; Ord. No. 900, 6-17-02)
Sec. 58-90. Closing of public beaches.
The chief of police has the authority to close any public beach at any time he determines it necessary for the preservation of the public peace, health or safety.
(Ord. No. 669, Sec. 2, 5-20-85)
Sec. 58-91. Swimming in Black River.
Swimming or wading with the exception of launching a boat, is prohibited in that part of the Black River from both the North and South Pier Heads and the upriver to the corporate limits of the City.
(Code 1965, Sec. 42.15(a); Ord. No. 865, Sec. 1, 9-8-98)
Sec. 58-92. Use of water skis, surfboards, saucers on Black River.
No person shall use water skis, surfboards, saucers, or other similar devices on the Black River.
(Code 1965, Sec. 8.12(g))
Sec. 58-93. Exceeding slow-no wake speed on Black River waters.
On the waters of the Black River and the entrance channel from the east city limits downstream to the westerly end of the entrance channel, it shall be unlawful for the operator of a vessel to exceed a slow-no wake speed.