CLF DRAFT 12.29.

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CITY OF SOUTH HAVEN

ALLEGAN AND VAN BUREN COUNTIES, MICHIGAN

ORDINANCE NO. ____

AN ORDINANCE TO AMEND SECTIONS 58-90 AND 58-101 TO ESTABLISH A

PROCESS FOR CLOSING CITY BEACH WATERS AND PIERS DUE TO
INCLEMENT WEATHER, TO PROHIBIT VIOLATIONS OF CLOSURE
ORDERS, AND TO PROVIDE PENALTIES FOR VIOLATIONS
The City of South Haven ordains:
Section 1. Amendment. Sections 58-90 and 58-101 of the Code of Ordinances, City of South Haven,
Michigan, shall be amended to read as follows:
Sec. 58-90. Closing of public beach waters.
(a) Authority to close beach waters. The city manager, police chief, harbormaster, and the director of
the South Haven Area Emergency Services Authority (SHAES) shall each independently have the
authority to close or partially close public beach waters due to a human health and safety risk,
including, but not limited to, contamination, unsafe debris washing ashore, rescue/recovery efforts,
severe weather event identified by the National Weather Service, or identified wave height in
excess of 8 feet. When a closure is ordered, signs shall be posted around the closed areas indicating
that swimming is prohibited.
(b) Entry into water prohibited; exceptions. When a beach orf portion of a beach has been closed
pursuant to subsection (a), it shall be unlawful to enter or attempt to enter into the water in the
closed areas. In situations where the closure is due to severe weather or wave height, this prohibition
does not apply to board sport recreational individuals accessing the water for the purpose of surfing,
utilizing a self-propelled wave riding board, including longboards and shortboards; kiteboarding;
body/“boogie” boarding with swim fins; and, skimboarding, so long as the following conditions
are satisfied:
(1) Entry into the water to conduct any of the above identified activities shall be at the user’s own
risk.
(2) Users will follow commonly accepted safety rules and procedures which includes the
following: controlling boards at all times, using a safety leash, and wearing appropriate cold
weather gear as conditions dictate.
(c) Any person who violates any provision of this section shall be responsible for a municipal civil
infraction and subject to a fine of $1,000.enforcement procedures and penalties as set forth in
section 1-16.
Sec. 58-101. Lake Michigan Piers.
(a) It shall be unlawful for any person to:
(1) Dive or jump from a Lake Michigan pier.
(2) Swim within fifty feet (50') from a Lake Michigan pier.
(3) Push, shove, or cause any person to fall, dive or jump from any portion of a pier into Lake

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Michigan or the Black River.

(4) Enter onto or remain upon a Lake Michigan pier that has been closed by the city manager,
police chief, harbormaster, or the director of the South Haven Area Emergency Services
Authority (SHAES) due to wind conditions on Lake Michigan that have attained a magnitude
whereby 1/3 of the waves cause the pier to become awash. During such closures, the entrance
of the pier shall be barricaded and notice of the closure shall be posted in a conspicuous manner.
(b) Any person who violates 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.a fine of
$1,000.
Section 2. Effective Date. This ordinance shall become effective either 20 days after adoption or upon
publication, whichever occurs later.
YEAS:
NAYS:
ABSTAIN:
ABSENT:

CERTIFICATION

As the duly appointed Clerk of the City of South Haven, Allegan and Van Buren Counties, Michigan, I
certify this is a true and complete copy of an ordinance adopted by the City Council at its meeting of
_________________, 20__.

Megan Kiker, City Clerk

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Example - Holland State Park Pier Gate

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TRAFFIC AND VEHICLES

ARTICLE I. IN GENERAL

Sec. 82-1. Findings of fact.

The city finds that a significant number of traffic arrests and traffic accidents in the city
involve drivers who were operating a motor vehicle while under the influence of alcohol and/or
controlled substances. In addition, the city finds that in traffic accidents involving drivers who
were operating a motor vehicle while under the influence of alcohol and/or controlled
substances there is a greater likelihood of personal injury and property damage. As a result of
these determinations, a greater operational and financial burden is placed upon the city's police,
firefighting and rescue services by persons who are operating a motor vehicle while under the
influence of alcohol and/or controlled substances.

(Ord. No. 771, Sec. 1, 9-21-92)

Sec. 82-2. Emergency responses.

(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:

Emergency response means the dispatching of police personnel and equipment,

firefighters and equipment or emergency medical personnel and equipment or any combination
thereof to the scene of an incident.

Expense of an emergency response means the actual and reasonable costs incurred by
the city in making an appropriate emergency response to the incident, including the costs of
providing police, firefighting, rescue and emergency medical services at the scene of the
incident, but shall include only those costs directly arising because of the response to the
particular incident.

Incident means an occurrence, accident or situation caused by the negligent operation of

a motor vehicle while the driver was under the influence of alcohol and/or drugs which results in
injury to a person, including the driver, or property.

Wrongful conduct means conduct causing injury to any person or property or conduct in
violation of local ordinance or state statute.

(b) Negligent operation of motor vehicle; influence of alcohol and/or drugs; wrongful
conduct; liability. Any person who is under the influence of alcohol or any drug, or the
combination of alcohol and drugs, whose negligent operation of a motor vehicle while under that
influence proximately causes any incident requiring and resulting in an emergency response,
and any person whose wrongful conduct proximately causes any incident requiring and resulting
in an emergency response shall be liable for the expenses of an emergency response by the
city to the incident.

(c) Influence of alcohol or drug; inability to operate motor vehicle; presumptions. For
purposes of this section, a person is under the influence of alcohol or any drug, or the combined
influence of alcohol and drugs, when his physical and/or mental abilities are impaired to a
degree that he no longer has the ability to operate a motor vehicle with the caution and care

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SOUTH HAVEN CODE

characteristic of a sober person of ordinary prudence. For purposes of this chapter, the
presumptions contained in MCL 257.625 et seq., MSA 9.2325, shall apply.

(d) Charge against person liable; collection of debt. The expenses of an emergency
response shall be charged against the person violating subsection (b) of this section. The
charge constitutes a debt of that person to the city and is collectable by the city in the same
manner as in the case of an obligation under a contract, expressed or implied, except that
liability for the expenses provided for in this section shall not be insurable, and no insurance
policy shall provide or pay for the expenses.

(e) Billing. The chief of police, or his designee, may within ten days of receiving itemized
costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by
first class mail or personal service to the person liable for the expenses, as enumerated under
this chapter. The bills shall require full payment in 30 days from the date of service.

(f) Failure to pay; city attorney to sue to recover. Any failure by a person described in this
section as liable for the expenses of an emergency response to pay the bill submitted by the city
treasurer within 30 days of service of the bill shall render such matter in default. The city
attorney or his designate shall commence a civil suit on behalf of the city to recover the
expenses, court costs and attorney fees.

(Ord. No. 771, Sec. 3, 9-21-92)

State law reference(s)--Authority for city to adopt ordinance to collect emergency costs,
MCL 41.806a, MSA 5.2640(6a).

Sec. 82-3. Authorized truck routes.

(a) Trucks and other commercial vehicles may operate only on the following streets in the
city:

(1) U.S. 31 Business Route, being LaGrange Street from south city limits to Phillips
Street; Phillips Street from intersection with LaGrange Street to Broadway;
Broadway from intersection with Phillips Street to Conger Street; Dyckman
Avenue, North Shore Drive from intersection with Dyckman Avenue north to city
limits.

(2) M-43, being Bailey Avenue from south city limits north to Phillips Street; Phillips
Street from Bailey Avenue to intersection with LaGrange Street.

(3) Phoenix Street from intersection with Broadway east to city limits.

(4) Aylworth Avenue from LaGrange Street to Indiana Avenue.

(5) Water Street from the west to intersection of Water Street with Kalamazoo Street;
Kalamazoo Street from the intersection with Water Street and Phoenix Street,
north to the junction with Williams Street (Williams Street is designated on the
plat as being Water Street but is now known as Williams Street); thence northerly
on Williams Street (formerly Water Street) to the junction with Dyckman Avenue.

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