September 9, 2014, Introduced by Rep. Kosowski and referred to the Committee on Local Government.
A bill to amend 1965 PA 261, entitled
"An act to authorize the creation and to prescribe the powers and
duties of county and regional parks and recreation commissions; and
to prescribe the powers and duties of county boards of
commissioners with respect to county and regional parks and
recreation commissions,"
by amending section 14 (MCL 46.364), as amended by 1994 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) A county or regional commission may adopt, amend,
or repeal rules for the protection, regulation, and control of its
facilities and areas with the approval of the county board or
boards of commissioners.
(2) Rules shall not be contrary to or inconsistent with the
laws of this state. Rules shall not take effect until all of the
following occur:
(a) The elapse of 9 days after the rules are adopted by the
county or regional commission.
(b)
The Before January 1,
2015, the publication of the rules
once a week for 2 consecutive weeks in a newspaper of general
circulation in the county in which the area or facility to which
the rules apply is located, and, beginning January 1, 2015,
providing tier C public notice of the rules as set forth in the
local government public notice act.
(c) The posting of a copy of the rules near each gate or
principal entrance to the area or facility.
(3) Except as provided in subsection (4), a person who
violates a rule adopted by a county or regional commission is
guilty of a misdemeanor punishable by a fine of not more than
$100.00 and costs of prosecution or by imprisonment for not more
than 90 days, or both.
(4) The operation of a vehicle on a recreational trailway at a
time, in a place, or in a manner prohibited by a rule adopted by a
county or regional commission is a municipal civil infraction,
whether or not so designated by the rule. A civil fine ordered for
a municipal civil infraction described in this subsection shall not
exceed the maximum amount of a fine provided by the rule or
$500.00, whichever is less. An act or omission described in this
subsection is not a municipal civil infraction if that act or
omission constitutes a violation or crime that is excluded from the
definition of municipal civil infraction in section 113 of the
revised
judicature act of 1961, Act No. 236 of the Public Acts of
1961,
being section 600.113 of the Michigan Compiled Laws.1961 PA
236, MCL 600.113.
(5) A county or regional commission may appoint park rangers
who may be deputized by a sheriff to enforce the laws of this
state. Whether deputized or not, park rangers may enforce the rules
adopted by a county or regional commission and have the powers,
privileges, and immunities conferred upon peace officers by the
laws of this state. A park ranger shall not be appointed unless he
or
she meets the minimum standards established by the law
enforcement
officers training council. commission
on law
enforcement standards as provided in the commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616. Park
rangers shall exercise their authority and powers only on lands,
waters, and property administered by or under the jurisdiction of a
county or regional commission.
(6) A county or regional commission may contract with
townships, cities, villages, or sheriffs for police services
required under this section and may appropriate and expend funds
for those services.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.