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Chapter 58
PARKS AND RECREATION*
Article I. In General
Sec. 58-1. Consumption or possession of alcoholic liquors in parks or
playgrounds.
Sec. 58-2. Obedience to signs or instructions.
Sec. 58-3. Public boat launch permit; violation as a municipal civil infrac-
tion.
Sec. 58-3.5. Marina parking restrictions; violation as a municipal civil;
infraction; public boat launch permit.
Sec. 58-4. Prohibition of sale and consumption of marihuana in public
places.
Sec. 58-5. Recognize the department of public works as successor to the
department of leisure services; establish fines for violations.
Secs. 58-6—58-30. Reserved.
Article II. Department of Leisure Services
Sec. 58-31. Department created.
Sec. 58-32. Appointment, compensation and duties of director.
Sec. 58-33. Licenses and permits.
Sec. 58-34. Violations; penalties.
Sec. 58-35. Budget; receipt of gifts or bequests; deposit of funds.
Secs. 58-36—58-60. Reserved.
Article III. Parks and Recreation Advisory Committee
Sec. 58-61. Definition.
Sec. 58-62. Created; composition; appointment of members.
Sec. 58-63. Terms of members; filling of vacancies.
Sec. 58-64. Selection of officers; general powers and duties of board.
*State law references—Authority to operate recreation and playgrounds, MCL 123.51 et seq.; playground equipment safety
act, MCL 408.681 et seq.
Supp. No. 13 CD58:1
PARKS AND RECREATION § 58-3.5
ARTICLE I. IN GENERAL permits are valid for the calendar year in which
it was purchased for the launching of vessels at
Sec. 58-1. Consumption or possession of city launch ramp facilities. The annual permit
alcoholic liquors in parks or must be fully adhered to the vehicle windshield
playgrounds. and completely visible from the outside of the
vehicle used to launch the vessel.
(a) Except within premises licensed pursuant
to state law, the Greater Muskegon Jaycee's Vessels larger than 30 feet, or those transported
Launch Ramp, Grand Trunk Launch, Hartshorn on a trailer with three or more axles, shall not
Marina, Fisherman's Landing, or so long as the use City of Muskegon launch ramp facilities.
alcohol stays within two feet of the pedicab while Pontoon boats are excluded.
participating in a pedicab as licensed pursuant
to section 92-200, et. seq., no person shall consume Private or for-profit businesses may launch
any alcoholic liquor or have in his possession an commercial vessels from city launch ramp facili-
open receptacle containing any alcoholic liquor ties with a commercial launching permit issued
in any park or playground owned, operated or by the City of Muskegon. Each permit is valid for
supervised by the city. the calendar year in which it was purchased, for
vessels up to 30 feet in length, and transported
(b) Any person who violates any provision of on a trailer with one or two axles. Pontoon boats
this section shall be responsible for a municipal excluded.
civil infraction.
(Code 1975, § 16-6; Code 2002, § 58-1; Ord. No. Permits are nontransferable and may not be
2457, § 1, 8-24-2021) re-sold, with the exception that permits will be
State law reference—Possessing or consuming alcoholic transferable between vehicles owned by the permit
liquors in parks, MCL 436.1915. purchaser for business purposes and must be
visible from outside the vehicle. Violations of
Sec. 58-2. Obedience to signs or instruc- this section shall be a municipal civil infraction.
tions. (Ord. No. 2351, 3-22-2016; Ord. No. 2390, § 1,
8-28-2018)
(a) No person shall disobey or act in a manner Editor’s note—Ord. No. 2351, adopted Mar. 22, 2016,
contrary to the notice authorized by the city on repealed the former section and enacted a new section as set
any sign or the instructions of an attendant or out herein. The former section pertained to similar subject
other person having authority or public duties matter and derived from Code 2120, § 58-2, 1-13-2004.
concerning the operation or use of any place
designated by the city as a park to be administered Sec. 58-3.5. Marina parking restrictions;
by the department of leisure services or its violation as a municipal civil;
successor. infraction; public boat launch
permit.
(b) Any person who violates any provision of
this section shall be responsible for a municipal Pursuant to City of Muskegon section 58-3,
civil infraction. any person who uses a boat launch ramp in
(Code 1975, § 12-1(d), (f); Code 2002, § 58-2) violation of section 58-3 shall be responsible for a
municipal civil infraction. Upon pleading
Sec. 58-3. Public boat launch permit; responsible or being found responsible by a
violation as a municipal civil court, the fines for the boat launch permit viola-
infraction. tions in a marina shall be as follows:
No person shall launch a vessel at city launch a. Launching a boat from the city launch
ramp facilities without a permit from the city. ramp without a launch ramp permit is in
Daily permits are valid for the 24-hour period of violation of this section 58-3 and shall
the date purchased and must be clearly displayed carry a minimum fine of $35.00 plus the
on the vehicle dashboard with date and permit cost of a permit, which shall increase to
number visible from outside the vehicle. Annual $70.00 after the first 14 days after the
Supp. No. 11 CD58:3
§ 58-3.5 MUSKEGON CITY CODE
date of the violation, to $105.00 after 21 supersede rights and obligations with respect to
days after the date of the violation, and the use of marihuana for medicinal purposes as
to $130.00 after 30 days after the date of provided by any law of the State of Michigan
the violation; and allowing for or regulating marihuana for medical
use.
b. Commercial vehicles without a com-
(Ord. No. 2411, § 1, 5-28-2019)
mercial launch ramp permit are in viola-
tion of section 58-3 and shall carry a
minimum fine of $100.00 plus the costs Sec. 58-5. Recognize the department of
of a permit, which shall increase to public works as successor to the
$200.00 after the first 14 days after the department of leisure services;
date of the violation, to $300.00 after 21 establish fines for violations.
days after the date of the violation, and (a) For purposes of Article II, Department of
to $350.00 after 30 days after the date of Leisure Services, the city hereby appoints the
the violation; and department of public works as the successor to
c. Vessels larger than 30 feet, or transported the department of leisure services, the director
with three or more axles, shall not use of the department of public works as the succes-
the City of Muskegon launch ramp facili- sor to the director of leisure services and permits
ties. Pontoon boats are excluded. Unlaw- the director of public works to appoint a designee.
ful use of the launch ramp facilities shall (b) The minimum fines for violating sections
carry a minimum fine of $100.00, which 58-2, 58.3, 58-33 and 58-34 shall be as specified
shall increase to $200.00 after the first in section 92-74.
14 days after the date of the violation, to (Ord. No. 2431, 7-14-2020)
$300.00 after 21 days after the date of
the violation, and to $350.00 after 30
Secs. 58-6—58-30. Reserved.
days after the date of the violation.
(Ord. No. 2450, § 1, 3-23-2021)
ARTICLE II. DEPARTMENT OF LEISURE
Sec. 58-4. Prohibition of sale and SERVICES*
consumption of marihuana in
public places. Sec. 58-31. Department created.
(a) In conformance with the Michigan Regula-
There is hereby created a department of leisure
tion and Taxation of Marihuana Act, the sale or
services in the city.
consumption of marihuana in any form and the
(Code 1975, § 16-1; Code 2002, § 58-31)
sale or display of marihuana accessories, as
defined by the Michigan Regulation and Taxa-
Sec. 58-32. Appointment, compensation
tion of Marihuana Act, is prohibited in any
and duties of director.
public places owned, occupied, or managed by
the City of Muskegon. (a) The city manager shall appoint a director
of leisure services who shall be responsible to the
(b) Any person who violates any of the provi-
city manager, but who shall have supervision,
sions of this section shall be responsible for a
management and control of the department of
civil fine as prescribed by MCL 333.27965.
leisure services, and who shall receive such
(c) This section does not supersede rights and compensation as may be from time to time fixed
obligations with respect to the transfer and by the city manager. It shall be the duty of the
consumption of marihuana on private property
to the extent authorized by the person who owns, *State law references—Authority to operate systems of
public recreation and playgrounds, MCL 123.51 et seq.;
occupies or operates such property, as provided authority to delegate operation of recreation system to board,
and authorized by the Michigan Regulation and MCL 123.53, 123.54; authority of political subdivisions to
Taxation of Marihuana Act, and does not cooperate in conduct of recreation systems, MCL 123.53.
Supp. No. 11 CD58:4
PARKS AND RECREATION § 58-62
director of leisure services, operating within the violations of this section, and such persons com-
approved budget for the department, to provide, mitting any such violation shall be responsible
conduct, supervise, equip and maintain public for a municipal civil infraction.
playgrounds, athletic fields, parks, swimming (Code 1975, § 16-4; Code 2002, § 58-34)
pools and beaches, camps, indoor recreation
centers, boat launch ramp sites, marinas and Sec. 58-35. Budget; receipt of gifts or
other recreation facilities and activities on any of bequests; deposit of funds.
the properties owned or controlled by the city,
including the L. C. Walker Arena, or on other (a) Annually, the director of leisure services
public property under the control of other shall submit to the city manager a budget of
municipal corporations or boards, and on private funds required for the operation of the leisure
properties, with the consent of the owners. services department.
(b) In addition, the director of leisure services (b) The director of leisure services and/or the
shall serve as staff to the board of leisure board of leisure services may also solicit any
services, as hereafter constituted, and shall gifts, bequests of money or other real or personal
determine, after consultation with the city property for and on behalf of the department of
manager, the agenda of board of leisure services leisure services, the acceptance of which and the
meetings. expenditure of which shall be approved by the
(c) The director of leisure services may appoint, city commission. Any conditional gift or gift in
with the consent and approval of the city manager, trust shall not, after acceptance by the city
such trained and qualified assistants, play lead- commission, be utilized by the city for any
ers, caretakers, supervisors and other employees purpose other than as set forth in such conditional
as may be necessary for the efficient administra- gift or gift in trust.
tion and development of a public leisure services (Code 1975, § 16-5; Code 2002, § 58-35)
system.
(Code 1975, § 16-2; Code 2002, § 58-32) Secs. 58-36—58-60. Reserved.
Sec. 58-33. Licenses and permits.
ARTICLE III. PARKS AND RECREATION
The director of leisure services is expressly ADVISORY COMMITTEE
authorized and empowered to rent or license the
use of any of the facilities as described in section Sec. 58-61. Definition.
58-32; provided, however, that the amount and
terms of any such rentals or licenses shall be As used in this article, the term "board"
subject to the prior approval of the city commis- means the parks and recreation advisory com-
sion. In addition, the director of leisure services mittee created by this article.
may issue permits for the use of those facilities (Ord. No. 2480, 5-23-2023; Ord. No. 2491, 101-
described in section 58-32, when required by the 10-2023)
city commission and upon conditions promulgated
by the city commission. Sec. 58-62. Created; composition; appoint-
(Code 1975, § 16-3; Code 2002, § 58-33) ment of members.
Sec. 58-34. Violations; penalties. There is hereby created a parks and recreation
advisory committee consisting of 12 members as
Use by any person of any of the facilities follows:
described in section 58-32 without first obtain-
ing a permit, where such permit is required by (1) One shall be a member of the city com-
the city commission, or use of such facilities in mission to be selected by and from the
violation of permit conditions, or the failure to city commission that will serve as the
pay any fees required for use of facilities, are board chair and be a non-voting member.
Supp. No. 14 CD58:5
§ 58-62 MUSKEGON CITY CODE
(2) One shall be a member from Muskegon
Public Schools.
(3) Two shall be a citizen who resides in the
City of Muskegon.
(4) Eight shall be citizens who reside in the
City of Muskegon with two being
representative of each of the four wards.
(Ord. No. 2480, 5-23-2023; Ord. No. 2491, 101-
10-2023)
Sec. 58-63. Terms of members; filling of
vacancies.
(a) The term of any member of the board shall
not exceed three years.
(b) Notwithstanding subsection (a) of this sec-
tion, any member of the board shall serve at the
pleasure of the city commission.
(c) Vacancies on the board shall be filled by
mayoral appointment with the approval of the
city commission.
(Ord. No. 2480, 5-23-2023; Ord. No. 2491, 101-
10-2023)
Sec. 58-64. Selection of officers; general
powers and duties of board.
(a) The members of the board shall meet and
organize by selecting such officers as may be
necessary and adopt any rules or bylaws deemed
necessary by the board to discharge in an orderly
manner those duties hereafter assigned.
(b) It shall be the duty of the board to advise
the city commission upon those matters relating
to the proper conduct of public recreation,
programs and/or facilities within the city which
shall be referred to such board from time to time,
by the director of parks & recreation; provided,
however, nothing contained in this article shall
prohibit any member of the board from placing
any item of business on the agenda of any board
meeting. In addition, thereto, the board shall
advise the city commission upon matters referred
to the board from time to time by the city
commission.
(Ord. No. 2480, 5-23-2023; Ord. No. 2491, 101-
10-2023)
Supp. No. 14 CD58:6