Boat Docking and Launching Ordinance


TOWNSHIP OF ELBA
BOAT DOCKING AND LAUNCHING ORDINANCE
(FOR LAKE LAPEER)
ORDINANCE NO. 44

An ordinance to protect property values and public health, safety, and
welfare of all persons making use of Lake Lapeer properties adjacent to
Lake Lapeer within the Township and to adopt reasonable regulations for
boat usage.

THE TOWNSHIP OF ELBA ORDAINS:

SECTION 1: DEFINITIONS

For the purpose of construction and application of this Ordinance, the
following definitions shall apply:

BOAT shall mean water craft having a motor or engine of more than five
horsepower.

DOCK or DOCKING shall mean the mooring of a boat directly to a pier,
which is a platform or other permanent or seasonal fixture extending
from the shore, and directly accessible to a separate frontage; and
shall also mean the regular anchoring of a boat adjacent to a separate
frontage.

LAKE LAPEER shall mean the platted boundaries of Lake Lapeer situated,
wholly or partially within the Township, but shall not mean nor include
lakes to which other ordinance regulations apply so as to prohibit
certain boats with engines or motors.

LAUNCH or LAUNCHING shall mean the placing of a boat in the lake.

PERSON shall mean the human being, partnership, corporation,
association, including a condominium association, and any other entity
to which the law provides or imposes rights or responsibilities.

SEPARATE FRONTAGE means the portion of the lot or parcel of land
existing on documentation recorded within the Lapeer County Register of
Deeds, which abuts or intersects with the normal high water mark of a
lake, whether such lot or parcel is owned by one or more persons, or
commonly owned by several persons, or combinations of persons. For the
purpose of computing the length of frontage, the measurements shall be
along the water’s edge at the normal high water mark of the lake as
determined by the Department of Natural Resources, or it the Department
has not made such a finding, the normal high water mark locating shall
be determined bat the discretion of the Township. Moreover, the
measurement shall be made only along a natural shoreline.

SECTION 2: REGULATIONS.

A. No launching or docking shall be permitted on or from a separate
frontage of less than 80 feet unless the separate frontage constituted a
lot of record prior to the effective date of this Ordinance.
B. Not more than four (4) boats shall be launched or docked adjacent
permanently to each separate frontage, except as permitted below.
C. If the continuous length of a separate frontage is greater than 80
feet, one (1) additional boat may be launched or docked for each 80 feet
or continuous frontage in excess of the first 80 feet. (Maximum of ten
(10) boats.)

SECTION 3: PENALTIES.

A. Any person who shall be convicted of a violation or this Ordinance
shall be guilty of a misdemeanor and shall be punished by imprisonment
for not more than 90 days or by fine for not more than $500.00, or both
such imprisonment or fine.
B. In addition to, or in lieu of, seeking to enforce this Ordinance by
proceeding under Section 3.A. above, the Township may institute an
action in Circuit Court seeking equitable relief.

SECTION 4: SEVERABILITY.

In the event that nay one or more sections, provisions, phrases, or
words of this Ordinance shall be found to be invalid by a Court or
competent jurisdiction, such holding shall not the validity not the
enforceability or the remaining sections, provisions, phrases, or words
of this Ordinance unless expressly so determined by the Court.

SECTION 5: EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from the date of
publication stated below, in accordance with Michigan statute.

The undersigned Supervisor and Clerk of the Township of Elba in the
County of Lapeer, Michigan do hereby certify the foregoing is a true and
correct copy of the Ordinance adopted by the Township Board at its
regular meeting held on the 11th day of January, 1993 and published in
the Lapeer County Press on the 28th day of February, 1993.

Gary E. Dow, Supervisor

Diane T Edgette, Clerk