November 10, 2011, Introduced by Senators PROOS, PAPPAGEORGE, PAVLOV, HANSEN, MEEKHOF, MOOLENAAR, GLEASON, JONES, HOPGOOD, BOOHER and CASPERSON and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80198b (MCL 324.80198b), as amended by 2007 PA
8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80198b. (1) The owner or person in charge of a bathing
beach maintained primarily for public use shall not knowingly
permit a person to bathe or swim from the bathing beach unless
buoys outlining a safe bathing or swimming area are established in
accordance with section 80159.
(2) A person who is bathing or swimming from a bathing beach
maintained primarily for public use shall not bathe or swim in
waters that are within 100 feet beyond the buoyed bathing or
swimming area. This subsection does not apply to persons swimming
from adjacent privately owned beaches that are not open to the
general public.
(3) At each designated bathing beach along the Great Lakes,
the owner or person in charge of the bathing beach shall utilize a
flag signal system to alert beach users of water conditions at the
bathing beach. The flag signal system shall include all of the
following:
(a) The flag signals shall be maintained throughout the
swimming season as defined by use patterns and seasons and shall
indicate the potential for adverse water conditions.
(b) Flags shall be triangular in shape and a minimum of 18
inches on the side parallel with the flag staff and extend a
minimum of 36 inches when measured at right angles to the flag
staff edge.
(c) A flag and explanatory sign shall be located near the
entrance to the designated bathing beach. Additional flags and
explanatory signs shall be strategically located on the beach
itself. The number and placement of flag staffs on the beach shall
be designed so that a visitor anywhere in the designated swimming
area will have clear vision of at least 1 flag.
(d) Faded or tattered flags shall be replaced as needed.
(e) Flags shall consist of the following colors based upon the
potential for adverse water conditions, as follows:
(i) A green flag shall represent lake conditions generally
considered safe for swimming, in which an undertow or rip tide is
not expected, there is minimal wave action, there is minimal wind,
longshore currents are undetectable, and the water is clean.
(ii) A yellow flag shall represent lake conditions generally
considered moderately dangerous for swimming, consisting of 2- to
4-foot waves, but without an expectation for an undertow or rip
tide, and a longshore current of not more than 50 feet per minute.
In addition, strong offshore winds may be present creating
conditions in which inflatable devices are not safe in the water.
(iii) A red flag shall represent lake conditions that are
considered extremely dangerous for swimming, consisting of waves
over 4 feet, a very strong undertow or riptide, longshore currents
of more than 50 feet per minute, a contaminated water advisory, or
a combination of any of these conditions.
(4) At each designated bathing beach along the Great Lakes,
the owner or person in charge of the bathing beach shall erect a
sign that describes a riptide and the best techniques for swimming
safely out from a riptide.
(5) The department shall post on the department's website the
water conditions at designated bathing beaches along the Great
Lakes that are under ownership or control of the department. In
addition, the owner or person in charge of a designated bathing
beach along the Great Lakes, other than the department, may report
the water conditions at the bathing beach to the department, which
shall post those conditions on the department's website.
(6) (3)
A person who violates this section
is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(7) As used in this section:
(a) "Designated bathing beach" means that portion of a bathing
beach maintained primarily for public use that is designated by the
owner or person in control of the bathing beach for swimming.
(b) "Longshore current" means a current caused by wind that
runs parallel to shore and sometimes travels in excess of 120 feet
per minute.
(c) "Riptide" means an undercurrent that occurs when strong
winds form large waves which crash onto the beach, then flow back
down under the incoming waves to form a strong undercurrent that
flows out into the lake.