CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORDINANCE NO. 132
PARKS AND RECREATION
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, May 6, 2019, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance No. 132, Parks and Recreation, for the Charter Township of Orion, Michigan, to amend the Ordinance to provide for an explanation of the operation, programs, responsibilities and oversight of the Parks and Recreation Department.
The CHARTER Township of ORION OrdainS:
SECTION 1 of Ordinance
AN ORDINANCE REGULATING THE USE OF TOWNSHIP PARKS; PROVIDING FOR THE ENFORCEMENT OF THE PROVISIONS OF THE ORDINANCE; CREATION OF THE PARKS AND RECREATION AND SENIOR ADVISORY COMMITTEES; PROVIDING FOR AN EXPLANATION OF THE OPERATION, PROGRAMS, RESPONSIBILITIES AND OVERSIGHT OF THE PARKS AND RECREATION DEPARTMENT. FOLLOWING DEPARTMENTS AND STAFF: The Community Programs Director and the Parks Director, the Community Programs Department with two divisions – Parks and Recreation and Senior Services, and the Buildings and Grounds Department.
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Section 3 – GENERAL PROVISIONS
For the purpose of this Ordinance, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
1. Approved Bartending Service. Any entity or individual/s with whom the Township has a valid contract for providing bartending services for an hourly rate at the Orion Center, Camp Agawam or Wildwood Amphitheater.
2. Approved Caterer(s). Any licensed entity or individual/s whom the Township has a valid contract for catering or alcohol services at the Orion Center, Camp Agawam, or Wildwood Amphitheater.
3. Code Enforcement Officer. The official designated by the Township, charged with the responsibility of enforcing this Ordinance.
4. Committee. The Parks and Recreation Advisory Committee (PRAC) of the Charter Township of Orion.
5. Director. Parks & Recreation Director and/or Director of Community Programs and/or their designee, to whom all Buildings and Grounds staff and/or Community Programs staff are responsible.
6. Motor Vehicle. Every vehicle which is self-propelled that is not operated on rails.
7. Park Staff. Any employee of the Township whose job functions include maintaining, repairing or supervising a park or whose job functions include enforcing this Ordinance, including park rangers. These duties are performed by the Buildings and Grounds Department under the supervision of the Parks Director.
8. Park. A park, playground, beach, recreation center/ building or any other area owned, used, leased by the Township and devoted to active or passive recreation.
9. Participating Agreement. A document that must be filled out and submitted to the Liquor Control Commission if the Township wants to add a Participating Partner to an existing Class C Liquor License. The addition of a Participating Partner to the Township’s license is contingent upon approval by the Liquor Control Commission and the Board of Trustees.
10. Participating Partner. A Bartending or Catering Company whom the Township has chosen to add to their license via a Participation Agreement.
11. Public Place. Any structure, building, alley, street, house, hall, room, or other place to which the public has access.
12. Vehicle. Any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. Exception is made for baby strollers and vehicles in the service of the Township Building and Grounds Department.
13. Resident. Any person who resides within the corporate boundaries of Orion Township.
14. Special Events. An event scheduled through and sponsored by the Township Buildings and Grounds and/or Community Programs Parks & Recreation Department.
15. Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground.
16. Preferred Caterer/s. The preferred caterer/s of the Township for purposes of this Ordinance is any entity or individual/s with whom the Township has a valid contract for catering at the Orion Center, Camp Agawam or Amphitheater which is for a term in excess of a single event and the contract has identified the entity or individual as the Township’s preferred caterer/s.
B. Park Operating Policy.
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4. Park Permits. Any organized club, school, association or group desiring the use of specific areas of any park, such as picnic areas, athletic fields, or pavilions, shall file an application with the Buildings and Grounds and/or Community Programs Parks & Recreation Department, and shall not use said park or area until said permit is granted. The use of the park shall be limited to the capacity of the park. The Buildings and Grounds Parks & Recreation Department schedules/ permits for Wildwood Amphitheater of Orion Township and the Community Programs Department schedules and permits all of the parks, the Orion Center, Wildwood Amphitheater, fields, Camp Agawam and other Park shelters, facilities and rentals.
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Section 4 – ACTIVITIES BY PERSONS IN PARKS
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E. Prohibited Behavior.
1. Intoxicating Beverages, and Illegal Substances and the Sale of Alcohol. No person in a park may be under the influence of intoxicating beverages or controlled substances while on park property. No person shall possess, sell or consume beer, wine, or other alcoholic beverages or illegal substances within any park property, except in conformance with a permit issued by the Township, for possession, sale or consumption of beer, wine or other alcoholic beverages in the Orion Center, Camp Agawam or the Amphitheater. All permits shall be issued only to adults who shall comply with all State and Federal laws, this Ordinance, any Township policy, and obtain all required licenses. Subject to Township Board approval, the Community Programs Parks & Recreation Department shall develop rules and regulations regarding the sale, use and transportation of alcoholic beverages that may be permitted by this provision. Any other permit to possess or consume alcohol on Township property will be by application and approval of the Community Programs Parks & Recreation Department.
2. The requirement of Orion Township Board approval as set forth in the preceding paragraph Section E(1), shall not apply to “APPROVED CATERERS,” an “APPROVED BARTENDING SERVICE, or a “PARTICIPATING PARTY”
a. APPROVED CATERER(S). The requirement that the Orion Township Board approval set forth in the preceding paragraph Section E(1), shall not apply to the following “approved contractors:” “APPROVED CATERERS” or “APPROVED BARTENDING SERVICE.” As defined, an APPROVED CATERER(S) and/or an approved bartending service is/ is/are licensed individual(s) with whom the Township has a valid contract for catering and/or bartending services at the Orion Center, Camp Agawam, or Wildwood Amphitheater. An agreement between the Township and an approved contractor may encompass a single event or multiple events. Any contractor APPROVED CATERER serving alcohol on park property must comply with state licensing requirements and the Michigan Liquor Control Code. Certain A Catering Company’s first contract to provide services must be approved by the Board of Trustees. However, any renewal contract with the same company, when consistent with this Ordinance and the Township’s “Alcohol Rules and Regulation Policy,” agreement may be administratively approved by the Parks & Recreation Director, with the Township Supervisor’s consent. The permit requirement and Orion Township Board approval set forth in the preceding paragraph Section E(1), shall not apply to the “preferred caterer/s” of the Township. As defined, the preferred caterer/s is/are an individual or entity with whom the Township has a valid contract for catering at the Orion Center, Camp Agawam or Wildwood Amphitheater for a term that exceeds a single event and the contract has identified the person or entity as the preferred caterer. When identified as the preferred caterer in a valid contract with the Township, all State licensing requirements are to be complied with by the “preferred caterer/s”, however, the “preferred caterer/s” will not be required to obtain the permit or Township Board approval set forth in the preceding paragraph, Section E(1).
b. APPROVED BARTENDING SERVICE. As defined, approved an “Approved Bartending Service” is/are an individual(s) with whom the Township has a valid contract for bartending services at Wildwood Amphitheater. An agreement between the Township and an APPROVED BARTENDING SERVICE may encompass a single event or multiple events. Any contractor serving alcohol on park property must comply with state licensing requirements and the Michigan Liquor Control Code. An APPROVED BARTENDING SERVICE’S first contract to provide services must be approved by the Board of Trustees. However, any renewal contract with the same company, when consistent with this Ordinance and the Township’s “Alcohol Rules and Regulation Policy,” may be administratively approved by the Parks & Recreation Director, with the Supervisor’s consent. The Township must purchase and provide any alcohol that will be served by an APPROVED BARTENDING SERVICE. The Township shall pay the APPROVED BARTENDING SERVICE at an hourly rate.
c. PARTICIPATING PARTY. The Township may enter into an agreement to list a bartending company and/or catering company to on an existing liquor license as a “participating partner.” Such agreements are subject to approval by the Board of Trustees and the Liquor Control Commission. Once approved as a “PARTICIPATING PARTY,” the sale of alcohol for specific events may be approved by the Parks & Recreation Director, with the Township Supervisor’s consent.
d. SPECIAL ONE-DAY LICENSE. Any sale of alcohol by a charitable entity is required to obtain a SPECIAL ONE-DAY LIQUOR LICENSE. The use of a SPECIAL ONE DAY LICENSE at Camp Agawam, the Orion Center, or the Wildwood Amphitheater is subject to approval by the Board of Trustees.
3. Fireworks and Explosives. No person in a park shall bring in, or have in his/her possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, rockets or other fireworks or explosives of inflammable material, or discharge them, or throw them into any such area from land, or highway adjacent thereto. This prohibition includes any substance, compound, mixture, or article that, in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints, except for licensed and approved fireworks shows.
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Section 5 – PARKS AND RECREATION ADVISORY COMMITTEE & SENIOR ADVISORY COUNCIL
A. Establishment; Composition.
There is established a Township Parks and Recreation Advisory Committee (PRAC) and Senior Advisory Council (SAC) appointed by the Township Board. This These committees establishes the bylaws and revisions which are approved by the Township Board.
Section 6 – VIOLATION AND PENALTIES
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Section 7 – SEVERABILITY
The provisions of this ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect.
Section 8 – EFFECTIVE DATE
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion qualified under State law to publish legal notices and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion