Boat Docking and Launching Township Ordinances

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.

Elba Township

Ordinance No. 44

THE TOWNSHIP OF ELBA ORDAINS:SECTION 1: DEFINITIONSFor 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, SupervisorDiane T Edgette, Clerk

Hadley Township

Ordinance No. 23

THE TOWNSHIP OF HADLEY ORDAINS:SECTION 1: DEFINITIONSFor 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 13th day of September, 1993 and published in the Lapeer County Press on the 26th day of September, 1993.William Dutko, SupervisorMary Ellen Painter, Clerk

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