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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. 58-4. Prohibition of sale and consumption of marihuana in public
places.
Secs. 58-5—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.
*State law references—Authority to operate recreation and playgrounds, MCL 123.51 et seq.; playground equipment safety
act, MCL 408.681 et seq.
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PARKS AND RECREATION § 58-4
ARTICLE I. IN GENERAL must be fully adhered to the vehicle windshield
and completely visible from the outside of the
Sec. 58-1. Consumption or possession of vehicle used to launch the vessel.
alcoholic liquors in parks or
Vessels larger than 30 feet, or those transported
playgrounds.
on a trailer with three or more axles, shall not
(a) Except within premises licensed pursuant use City of Muskegon launch ramp facilities.
to state law and except within the Greater Pontoon boats are excluded.
Muskegon Jaycee's Launch Ramp, Grand Trunk
Private or for-profit businesses may launch
Launch, Hartshorn Marina and Fisherman's
commercial vessels from city launch ramp facili-
Landing, no person shall consume any alcoholic
ties with a commercial launching permit issued
liquor or have in his possession an open receptacle
by the City of Muskegon. Each permit is valid for
containing an alcoholic liquor in any park or
the calendar year in which it was purchased, for
playground owned, operated or supervised by
vessels up to 30 feet in length, and transported
the city.
on a trailer with one or two axles. Pontoon boats
(b) Any person who violates any provision of excluded.
this section shall be responsible for a municipal
Permits are nontransferable and may not be
civil infraction.
re-sold, with the exception that permits will be
(Code 1975, § 16-6; Code 2002, § 58-1)
transferable between vehicles owned by the permit
State law reference—Possessing or consuming alcoholic
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
matter and derived from Code 2120, § 58-2, 1-13-2004.
other person having authority or public duties
concerning the operation or use of any place
Sec. 58-4. Prohibition of sale and consump-
designated by the city as a park to be administered
tion of marihuana in public
by the department of leisure services or its
places.
successor.
(a) In conformance with the Michigan Regula-
(b) Any person who violates any provision of
tion and Taxation of Marihuana Act, the sale or
this section shall be responsible for a municipal
consumption of marihuana in any form and the
civil infraction.
sale or display of marihuana accessories, as
(Code 1975, § 12-1(d), (f); Code 2002, § 58-2)
defined by the Michigan Regulation and Taxa-
tion of Marihuana Act, is prohibited in any
Sec. 58-3. Public boat launch permit; viola-
public places owned, occupied, or managed by
tion as a municipal civil infrac-
the City of Muskegon.
tion.
(b) Any person who violates any of the provi-
No person shall launch a vessel at city launch
sions of this section shall be responsible for a
ramp facilities without a permit from the city.
civil fine as prescribed by MCL 333.27965.
Daily permits are valid for the 24-hour period of
the date purchased and must be clearly displayed (c) This section does not supersede rights and
on the vehicle dashboard with date and permit obligations with respect to the transfer and
number visible from outside the vehicle. Annual consumption of marihuana on private property
permits are valid for the calendar year in which to the extent authorized by the person who owns,
it was purchased for the launching of vessels at occupies or operates such property, as provided
city launch ramp facilities. The annual permit and authorized by the Michigan Regulation and
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§ 58-4 MUSKEGON CITY CODE
Taxation of Marihuana Act, and does not determine, after consultation with the city
supersede rights and obligations with respect to manager, the agenda of board of leisure services
the use of marihuana for medicinal purposes as meetings.
provided by any law of the State of Michigan
allowing for or regulating marihuana for medical (c) The director of leisure services may appoint,
use. with the consent and approval of the city manager,
(Ord. No. 2411, § 1, 5-28-2019) such trained and qualified assistants, play lead-
ers, caretakers, supervisors and other employees
as may be necessary for the efficient administra-
Secs. 58-5—58-30. Reserved. tion and development of a public leisure services
system.
(Code 1975, § 16-2; Code 2002, § 58-32)
ARTICLE II. DEPARTMENT OF LEISURE
SERVICES*
Sec. 58-33. Licenses and permits.
Sec. 58-31. Department created. The director of leisure services is expressly
authorized and empowered to rent or license the
There is hereby created a department of leisure use of any of the facilities as described in section
services in the city. 58-32; provided, however, that the amount and
(Code 1975, § 16-1; Code 2002, § 58-31) terms of any such rentals or licenses shall be
subject to the prior approval of the city commis-
Sec. 58-32. Appointment, compensation and sion. In addition, the director of leisure services
duties of director. may issue permits for the use of those facilities
described in section 58-32, when required by the
(a) The city manager shall appoint a director
city commission and upon conditions promulgated
of leisure services who shall be responsible to the
by the city commission.
city manager, but who shall have supervision,
(Code 1975, § 16-3; Code 2002, § 58-33)
management and control of the department of
leisure services, and who shall receive such
compensation as may be from time to time fixed Sec. 58-34. Violations; penalties.
by the city manager. It shall be the duty of the Use by any person of any of the facilities
director of leisure services, operating within the described in section 58-32 without first obtain-
approved budget for the department, to provide, ing a permit, where such permit is required by
conduct, supervise, equip and maintain public the city commission, or use of such facilities in
playgrounds, athletic fields, parks, swimming violation of permit conditions, or the failure to
pools and beaches, camps, indoor recreation pay any fees required for use of facilities, are
centers, boat launch ramp sites, marinas and violations of this section, and such persons com-
other recreation facilities and activities on any of mitting any such violation shall be responsible
the properties owned or controlled by the city, for a municipal civil infraction.
including the L. C. Walker Arena, or on other (Code 1975, § 16-4; Code 2002, § 58-34)
public property under the control of other
municipal corporations or boards, and on private Sec. 58-35. Budget; receipt of gifts or
properties, with the consent of the owners. bequests; deposit of funds.
(b) In addition, the director of leisure services (a) Annually, the director of leisure services
shall serve as staff to the board of leisure shall submit to the city manager a budget of
services, as hereafter constituted, and shall funds required for the operation of the leisure
*State law references—Authority to operate systems of services department.
public recreation and playgrounds, MCL 123.51 et seq.;
authority to delegate operation of recreation system to board,
(b) The director of leisure services and/or the
MCL 123.53, 123.54; authority of political subdivisions to board of leisure services may also solicit any
cooperate in conduct of recreation systems, MCL 123.53. gifts, bequests of money or other real or personal
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PARKS AND RECREATION § 58-35
property for and on behalf of the department of
leisure services, the acceptance of which and the
expenditure of which shall be approved by the
city commission. Any conditional gift or gift in
trust shall not, after acceptance by the city
commission, be utilized by the city for any
purpose other than as set forth in such conditional
gift or gift in trust.
(Code 1975, § 16-5; Code 2002, § 58-35)
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