SB-0778, As Passed House, March 1, 2012

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 778

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 30111b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30111b. (1) A public road end shall not be used for any

 

of the following unless a recorded deed, recorded easement, or

 

other recorded dedication expressly provides otherwise:

 

     (a) Construction, installation, maintenance, or use of boat

 

hoists or boat anchorage devices.

 

     (b) Mooring or docking of a vessel between 12 midnight and

 

sunrise.

 

     (c) Any activity that obstructs ingress to or egress from the

 

inland lake or stream.

 

     (2) A public road end shall not be used for the construction,

 

installation, maintenance, or use of a dock or wharf other than a

 

single seasonal public dock or wharf that is authorized by the

 

local unit of government, subject to any permit required under this

 

part. This subsection does not prohibit any use that is expressly

 

authorized by a recorded deed, recorded easement, or other recorded

 

dedication. This subsection does not permit any use that exceeds

 

the uses authorized by a recorded deed, recorded easement, other

 

recorded dedication, or a court order.

 

     (3) The local unit of government may prohibit a use of a

 

public road end that violates this section.

 

     (4) A person who violates subsection (1) or (2) is guilty of a

 

misdemeanor punishable by a fine of not more than $500.00. Each 24-

 

hour period in which a violation exists constitutes a separate

 

violation of this section. A peace officer may issue an appearance

 

ticket as authorized by sections 9c to 9g of chapter IV of the code

 

of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, to a

 

person who violates subsection (1) or (2).

 

     (5) This section does not prohibit a person or agency from

 

commencing a civil action for conduct that violates this section.

 

     (6) As used in this section:

 

     (a) "Local unit of government" means the county, township,

 

city, or village with jurisdiction over a public road.

 

     (b) "Public road" means a county road or a township, city, or

 

village street that is open for use by the public.

 

     (c) "Public road end" means the terminus of a public road at

 

an inland lake or stream.