SB-0778, As Passed Senate, January 19, 2012

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. 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 imprisonment for not more than 90 days or

a fine of not more than $500.00, or both. 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.