STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF OAKLAND ORDINANCE NUMBER 38A-1 AMENDMENT TO OAKLAND TOWNSHIP PARKS AND RECREATION ORDINANCE

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1 STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF OAKLAND ORDINANCE NUMBER 38A-1 AMENDMENT TO OAKLAND TOWNSHIP PARKS AND RECREATION ORDINANCE An ordinance to amend the Oakland Township Parks and Recreation Ordinance in its entirety to provide for the operation, control and maintenance of the parks, to provide certain rules and regulations for the use and enjoyment of the parks, to provide for the preservation of the natural and cultural resources and aesthetic assets within the parks and to provide for enforcement and penalties for violations of this Ordinance. THE CHARTER TOWNSHIP OF OAKLAND ORDAINS AS FOLLOWS: Section 1 of Ordinance Articles I through VI of Ordinance 38, the Oakland Township Parks and Recreation Ordinance, are amended in their entirety to read as follows: ARTICLE I SHORT TITLE This Ordinance shall be known and may be cited as Oakland Township Parks and Recreation Ordinance ARTICLE II PURPOSE Consistent with and under the authority of Act 79 of the Public Acts of 1989, and Act 156 of the Public Acts of 1917, as amended, this Ordinance is adopted for the purposes of providing for the safe and orderly operation, control and maintenance of Oakland Township parks, providing certain minimum rules of conduct to be observed by persons seeking the use and enjoyment of the Oakland Township park lands, and to ensure the preservation of such natural and cultural assets as may be located in such parks by providing for the designation and preservation of certain conservation areas and otherwise limiting the nature and kind of activities of the general population that may be involved with such park lands ARTICLE III GENERAL PROVISIONS 1

2 LAND TO WHICH ORDINANCE APPLIES This Ordinance shall apply to all lands subject to the control and use of the Oakland Township Parks and Recreation Commission (sometimes also referred to in this Ordinance as the Parks and Recreation Commission ), whether owned or leased, located in the Township of Oakland. Such lands are referred to in this Ordinance as parks, park property, and park land RULES AND REGULATIONS The following rules and regulations shall apply in all parks: 01. No hunting or trapping shall be permitted, except at such times and places as may be designated by a duly adopted resolution of the Oakland Township Parks and Recreation Commission for such purpose. 02. No person shall fire, discharge or have in his or her possession any rocket, firecracker, or other fireworks or any substance of an explosive nature within the parks unless authorized in advance by a permit issued by or under the authority of the Oakland Township Parks and Recreation Commission. 03. No person shall at any time bring into a park, nor have in his or her possession, nor discharge, nor set off anywhere within a park, a revolver, pistol, shotgun, rifle, air gun, water gun, paint ball gun or any gun, rifle, firearm or bow and arrow or any other weapon that discharges projectiles either by air, gas, spring, explosive substance or any other force. This subsection shall not apply to any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position, nor to any authorized participant at the time or place of a hunting activity authorized by the Oakland Township Parks and Recreation Commission under Subsection a., above. 04. No person shall operate a motor-driven vehicle of any kind in a park, except emergency and park maintenance vehicles, unless on drives, roadways or parking lots established for that purpose. The Parks and Recreation Commission may issue vehicular permits for purposes of allowing vehicles in otherwise prohibited areas in conjunction with activities or events that have been otherwise approved or authorized by or under the authority of the Oakland Township Parks and Recreation Commission. 05. It shall be unlawful for any person to operate a motor-driven vehicle on any park road at a speed exceeding 15 miles per hour or, if a speed limit is posted, at any speed greater than that posted. 2

3 06. It shall be unlawful for any person to operate any vehicle upon park property, including but not limited to, any area designated for the parking of vehicles, in a careless or negligent manner likely to endanger any person or property. 07. It shall be unlawful for any person to operate any motor vehicle in any manner upon park property which results in excessive noise or disturbs the peace, quiet or tranquility of the area. 08. It shall be unlawful for any person to leave, or cause to be left, any vehicle in a park between a half hour before sunrise and a half hour after sunset, except at designated areas with a permit issued by or under the authority of the Oakland Township Parks and Recreation Commission displayed in the front windshield of the vehicle. 09. No person shall bring into a park, nor have in possession, sell or consume in a park, any alcoholic beverage or illegal drug, or other controlled substance. 10. No person shall enter or occupy any area of a park during the hours when it is closed except as permitted by written authority from the Oakland Township Parks and Recreation Commission. All park areas shall be deemed to be closed between the hours of a half hour after sunset and a half hour before sunrise unless more restrictive hours have been established and posted. 11. No person shall camp or establish temporary lodging places without a written permit issued by or under the authority of the Oakland Township Parks and Recreation Commission. 12. All persons walking or exercising pets in a park are required to clean up all debris resulting from the pets. Pets must be on a leash not exceeding ten (10) feet in length and under control at all times. 13. Persons seeking to reserve a facility or a portion thereof for their exclusive use, or to make such a use of any facility or portion thereof which will interfere with its normal use, shall first obtain a permit for such use issued by or under the authority of the Oakland Township Parks and Recreation Commission. 14. Groups of over 50 persons wishing to use Township park property for a function require a written permit issued by or under the authority of the Oakland Township Parks and Recreation Commission. 15. In addition to other ordinances regulating open and/or outside burning, the following rules and regulations shall apply to burning in the parks: a. No person shall ignite or use a ground fire or open fire, unless that person has been issued a written permit by or under the authority of the Parks and Recreation Commission. 3

4 b. No person shall willfully set or cause to be set on fire any tree, woodland, brushland, grassland or meadow within any park. c. No person shall build any fire in a park, except within fireplaces, receptacles, barbecues or fire pits approved and designated by the Parks and Recreation Commission for such purpose. d. No person shall drop, throw, scatter or otherwise deposit any burning or flammable material such as lighted matches, burning cigars, cigarettes or tobacco paper within or upon park property. e. Fires shall not be left unattended and all fires shall be extinguished prior to leaving the immediate area of such fire. f. This section shall not apply to prescribed burning that has been approved in advance by the Parks and Recreation Commission, when such burning is deemed necessary as a park management tool. 16. No person shall promote, arrange for, provide or participate in any play, drama, speech, musical, display, sale or endeavor for the purpose of attracting, amusing or entertaining the general public, unless a permit has been secured from the Parks and Recreation Commission as hereinafter provided. a. Permits shall be secured from the Parks and Recreation Commission by filing an application on forms to be provided. The applicant shall be scheduled for a hearing at a regular meeting of the Parks and Recreation Commission as soon as reasonably possible after the filing of a completed application with the Park Manager. The permit shall be granted if the Parks and Recreation Commission determines that the granting thereof: (a) will not unreasonably interfere with the use of the public facility by persons entitled to the use thereof; (b) will not be likely to unreasonably damage the facility or any part thereof;, (c) will not create a hazard to either pedestrian or vehicular traffic in the area; and (d) will otherwise comply with the requirements for issuance of permits under this Ordinance. b. The Parks and Recreation Commission may impose such conditions upon the issuance of any permit, as it may deem necessary to comply with the foregoing and to otherwise comply with the purposes and regulations in this Ordinance. 17. No person shall sell or offer for sale, any article, thing, privilege, or service without a written permit from the Parks and Recreation Commission, and no person shall do any begging, hawking, or peddling. 4

5 18. Destruction of buildings, markers, monuments and other properties shall be prohibited, and no person shall, on park property: a. Destroy, damage, deface, alter, change or remove any monument, stone marker, bench mark, stake, post, blaze, sign, marker, notice, or designation of any Conservation Area, boundary line, survey line, or reference point. b. Destroy, damage, deface, alter, remove, cut, break, mark-upon or otherwise injure any building, structure, shelter, equipment, bridge, drain, wall, fountain, lamp post, fence, gate, hedge, or other improvement. c. Deface, destroy, damage, alter, or remove any placard, notice or sign, whether permanent or temporary, lawfully posted or exhibited within or upon park property. d. Remove, move, excavate, injure or destroy any historical or prehistorical ruin or any object of antiquity, without permission of the Parks and Recreation Commission. e. Destruction or disturbance of plant or animal life and natural surroundings shall be prohibited as follows: i. No person shall cut, remove, destroy or disturb any tree, sampling, seedling, bush, shrub or other natural vegetation, whether alive or dead, or chip, blaze, box, girdle, trim or otherwise deface or injure any such vegetation, or pick, gather, uproot, remove or destroy any branch, foliage, flower, plant or grass. ii. iii. No person shall remove or cause to be removed any sod, earth, humus, peat, boulders, gravel, soil, minerals or sand, without written permission of the Park Manager and/or Parks and Recreation Commission. No persons shall kill, injure, molest, disturb, harass or annoy any bird, animal or reptile; and no person shall disturb, injure, destroy, or rob the nest, eggs or young of any such bird, reptile or animal. 19. No person shall discard or deposit refuse of any kind or nature in or upon park property except by placing said refuse in containers provided for such purpose. 20. No person shall throw, cast, lay, drop or discharge into or leave in waters administered by the Parks and Recreation Commission any substance, matter or thing, liquid or solid which may or shall result in the pollution of said waters. 21. No person shall expose, distribute, or place any sign, advertisement, circular notice, or statement, or display a banner, emblem, or design in the parks 5

6 without a written permit issued by or under the authority of the Oakland Township Parks and Recreation Commission. 22. Baseball, football, soccer, rugby and other games or sports involving similar physical activities are allowed in areas where specifically designated and posted. The use of gas-powered model airplanes or other aircraft, boats or other watercraft, and the use of model rockets is prohibited except in designated and posted areas. Persons engaging in such sports, activities or games where not prohibited shall conduct themselves so as not to jeopardize the safety of others using the area. 23. No person shall construct or maintain any item or structure within a park except on specific permit issued by or under this authority of the Oakland Township Parks and Recreation Commission. 24. No person shall conduct or participate in any form of gambling, lottery or game of chance upon park property. 25. No person shall swim or bathe, except at such times and places as may be designated and posted for such purposes. 26. No person shall bring into, use or navigate any boat, canoe, raft or other watercraft upon any watercourse, lagoon, lake, pond or wetland located within a park except at such time and places as may be designated and posted for such purpose. 27. It shall be lawful for any person to ride or lead a horse within any park with the following exceptions: a. It shall be unlawful to ride, lead or allow a horse in any park, or portion of a park, where horses and/or horse riding are not permitted and such parks or park areas are specifically designated and posted as such. b. It shall be unlawful for any person to ride a horse in a careless or reckless manner so as to create a nuisance or to endanger the life, property or persons of others. 28. No person shall use any loudspeaker, public address system or sound amplifying equipment of any kind without proper written permission of the Oakland Township Park Manager or the Parks and Recreation Commission. Permission shall not be granted if such equipment is capable of interfering with the use or enjoyment of the park by others. 6

7 29. No person shall operate any motor vehicle, radio, television, phonograph, tape recorder, or any other device in such a manner as to create noise that disturbs or annoys others. 30. No person shall engage in any loud, abusive, boisterous or otherwise disorderly conduct tending to create a disturbance or annoy others. 31. Bicycles may be operated upon paths, trails, or roadways, unless otherwise prohibited by postage or signage. 32. Fishing will be permitted within the parks unless posted otherwise, provided such fishing activities are in compliance with the laws of the Michigan Department of Natural Resources ARTICLE IV CONSERVATION AREAS Definition of Conservation Area: A Conservation Area, as such term is used in this Ordinance, means and is defined as an area of undeveloped land retaining or being returned to its natural character and influence, without permanent improvements or human habitation, which is managed so as to protect its natural conditions and which: 01. Generally appears to have been affected primarily by the forces of nature; or 02. Contains ecological, geological, or other features of scientific, educational, scenic, or historical value The Parks and Recreation Commission may designate Conservation Areas within parks by Resolution, copies of which shall be available for public inspection at the offices of the Parks and Recreation Commission. Such Resolution shall have attached a drawing designating the area of park land which is a Conservation Area. The borders of Conservation Areas shall be delineated by posting or other means so as to inform the public that the area is a Conservation Area Conservation Areas shall receive minimal maintenance and for all intents and purposes shall be left in or returned to a natural condition, subject only to the necessary removal of man-made debris and the maintenance of pathways, lands, rivers, streams, watercourses or previously existing easements as required by law or deemed necessary to the public health, safety and welfare. Nature paths, feeder stations, and similar non-disruptive uses shall be acceptable within the designated area All Conservation Areas shall be subject to the rules and regulations set forth in Article III. In addition, the following rules and regulations shall apply in all Conservation Areas notwithstanding anything contained in Article III to the contrary: 7

8 01. There shall be no commercial enterprise, permanent road, temporary road, use of motor vehicles, motorized equipment or any form of motorized transport within a Conservation Area, except as may be necessary for maintenance or in case of emergencies. 02. No bicycles shall be operated within a Conservation Area. 8

9 03. No pets shall be allowed in a Conservation Area. 04. No horses shall be allowed in a Conservation Area. 05. It shall be unlawful to use a loudspeaker, public address system, bull-horn or amplifier within a Conservation Area ARTICLE V OTHER RULES AND REGULATIONS The Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks or portions of parks, which additional rules and regulations are reasonably calculated to provide for the orderly use, enjoyment and conduct of such specific park areas by the public Such rules and regulations shall be posted in an obvious location on such park lands where effective In addition, there may be posted and otherwise clearly marked restricted or designated areas of conduct such as hiking trails, bridle paths, fire pit or burning areas, Conservation Areas, and the like ARTICLE VI PERMITS AND FEES Applications for permits under this Ordinance shall be made on forms provided at the offices of the Parks and Recreation Commission. In addition to any other standards to be considered under other sections of this Ordinance for the issuance of permits, the permit shall be issued by the Oakland Township Parks and Recreation Commission, or the Park Manager as the authorized designate of the Commission by resolution, following a determination by the Commission, or the Park Manager if designated, that the requested use is not contrary to any of the following: a. the purposes or regulations in this Ordinance; b. any rules duly adopted by the Parks and Recreation Commission; or c. the most beneficial use of the park on behalf of the Township residents A use fee may be charged for the use of park facilities pursuant to resolution by the Oakland Township Parks and Recreation Commission, which may be adjusted from time to time as deemed necessary and may reflect a different charge to resident and nonresident use, group use under one family or organizational use and/or community organization activities. All fees and use charges so collected will be deposited to the Oakland Township Parks and Recreation Commission account. 9

10 Conditions may be imposed upon the issuance of any permit to the extent necessary to ensure compliance with the purposes, intent, rules and regulations set forth in this Ordinance ARTICLE VII ENFORCEMENT AND PENALTIES EVIDENCE OF VIOLATION In any enforcement proceeding for violations of the provisions of this Ordinance, the license plate number displayed on any vehicle shall be prima facie evidence that the owner thereof is the person who has placed or used the vehicle on the park property VEHICLE MAY BE TOWED AWAY PENALTY Any law enforcement agency of the Charter Township Of Oakland may cause any vehicle that is violating the provisions of this Ordinance to be towed away; or, any police officer may issue a ticket therefore and leave it attached to such vehicle requiring the appearance of the owner thereof in Court at the time and place designated therein to answer for the violation of this Ordinance. Violations of this Ordinance are hereby declared to be misdemeanors and shall be separate offenses each day they continue. Any conviction for violation hereof may be punishable by a fine of up to Five Hundred Dollars ($500.00) or imprisonment up to ninety (90) days, or by both such fine and imprisonment at the discretion of the Court. Section 2 of Ordinance a. This Ordinance and all provisions hereof are hereby declared to be severable, and if any provision hereof, or part thereof, is adjudged by a Court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, it is hereby declared and provided that the remainder of this Ordinance shall not be affected thereby. b. This Ordinance shall become effective thirty (30) days after the date of its publication. CERTIFICATION 10

11 It is certified that the Ordinance set forth above was adopted by the Township Board of the Charter Township of Oakland at a meeting duly held on the 12th day of March, AYES: NAYS: ABSENT: Hoffman, Platz, Edwards, Boltz, Phillips, Derian None Creps LISA M. PLATZ, CLERK Charter Township of Oakland Introduced: February 12, 2002 Adopted: March 12, 2002 Published: April 14, 2002 Effective: May 14,

12 At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday July 21, 2004 the following resolution was offered by Commissioner Winter and seconded by Commissioner Barkham. RESOLUTION A Resolution for the adoption of additional rules and regulations concerning geocaching in Oakland Township Parks. Whereas Oakland Township park users are desirous of participating in geocaching as a recreation activity within the Oakland Township parks; and Whereas to participate in geocaching park users desire to install or locate caches within Oakland Township parks; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas only portions of specific Oakland Township Parks are appropriate for geocaching activity; and Whereas additional rules and regulations are needed to provide for the orderly conduct of geocaching within these specific Oakland Township Park areas; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following documents, which are attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Guidelines for Placing a Geocache in Oakland Township Parks, 2. Geocaching Permit Process, and 3. Application for Geocaching Permit. Authorizes the Parks and Recreation Director as the designate of the Parks and Recreation Commission to issue Geocaching Permits for the Oakland Township Parks if the requested use is not contrary to the purposes or regulations of Ordinance 38A-1; any rules duly adopted by the Parks and Recreation Commission; or the most beneficial use of the park on behalf of the Township residents. 12

13 Ayes: Nays: Absent: TOMBOULIAN, PERUZZI, MACKLEY, BARKHAM, WINTER, GODIN NONE PHILLIPS I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on July 21, 2004 at 7:00 pm in the Oakland Township Parks/Police Building, 4393 Collins Road, Rochester, Michigan 48306, with a quorum present. Dated: Melinda Milos-Dale, Parks and Recreation Director, Charter Township of Oakland 13

14 Guidelines for Placing a Geocache in Oakland Township Parks 1. To place a cache in any Oakland Township Park a person must first obtain a permit. These can be obtained, at no cost, from the Parks and Recreation office by mail, fax, , or in person. 2. Containers must be transparent. Do not use ammo boxes, PVC pipes or other containers that might cause alarm. The cache must contain the permit and information on geocaching in case any non-participant finds the cache. 3. Offensive, illegal or dangerous items are not allowed in any cache. 4. When placing a cache do not disturb the surrounding environment in any way. This includes digging holes, planting new plants, cutting vegetation, or attaching the cache to live trees. 5. Place the cache in a safe area. Think about the safety of people who will be looking for your cache and use common sense. 6. A cache must only be located in the following park locations: a. Bear Creek Nature Park: Only open fields, hedgerows and edge of woodlands adjacent to trails in area south of the skating pond. This does not include forest in northern section of park. b. Cranberry Lake Park: Only open fields, hedgerows and edge of woodlands adjacent to trails. This does not include 16-acre historic district where farmstead is located nor the lake edge and adjacent forest. c. Marsh View Park: Only open fields, hedgerows and edge of woodlands adjacent to mowed trails in southern half of park. This does not include the northern half of the park. d. Charles Ilsley Park: Only open fields, hedgerows and edge of woodlands adjacent to mowed trails. This does not include the woodland in the northeastern corner of the park. e. Mill Race Trail: Only area immediately adjacent to trail. This does not include the banks of the mill race itself. f. These areas are indicated on maps that will be given to people who apply to place a cache. Exceptions may be made at the discretion of Parks and Recreation staff. 7. Place the cache so people can use the established trails as much as possible, staying away from wetland areas. 8. When hunting for or hiding a cache you must abide by Oakland Township Parks' rules and regulations; only park in approved parking spaces; and only visit during daylight hours. 9. After one year the cache should either be removed or relocated at least 500 feet away. This should be done in coordination with the Oakland Township Park staff. Please be aware that if a large number of cache permits are requested, Oakland Township Parks reserves the right to put limits on the number of caches allowed in each park. Oakland Township Parks reserves the right to remove any cache that is in an inappropriate location, causing undo impacts on the ecosystem, or deemed unsafe. These guidelines were written to protect the well-being of our natural areas, the safety of all park users, and allow for the future use of the Oakland Township Park system for geocachers. 14

15 Geocaching Permit Process 1. A person contacts Oakland Township Parks for an application form and guideline sheet; downloads from our website; or we find an unauthorized cache and send the owner a permit application. 2. The cacher fills out the application and returns it to Oakland Township Parks. 3. Oakland Township Parks goes over the permit and sends a map to the cacher showing the area(s) of the park, or a nearby park, that would be suitable for placing a cache. 4. The owner may then place the cache in that area. The owner must inform the Oakland Township Parks & Recreation office of the coordinates and general location on the map. 5. Once we have the coordinates and all the guidelines have been satisfied we will send the owner a permit that should be placed in the cache. 6. The permit application and a copy of a map with the location on it will be kept in chronological order in a geocache folder in the office of the Oakland Township Parks & Recreation Department. 7. In a year the owner and Oakland Township Parks would talk again about repositioning the cache. Depending on local impact, there may be instances when the cache might not need to be moved in a year, or may have to be moved earlier if there are problems. 15

16 Application for Geocaching Permit Name: Address: Geocaching user name: Cache name: Phone: Is this a multi-part cache? If yes, how many parts? What park(s) would you like the cache to be located in? What type of container will the cache(s) be in? Please describe the content of the cache: Coordinate of cache: Do not write in this box Management unit of cache: Geocacher must notify Oakland Township Parks of any change in location of the cache. This permit may be revoked at any time. This permit is valid only for the cache listed above and is nontransferable. Questions should be directed to Oakland Township Parks, 4393 Collins Road, Rochester, MI 48306; Statement of Liability: Permitee hereby releases, waives, discharges, and covenants not to sue the Charter Township of Oakland, Oakland Township Parks & Recreation, its departments, officers, employees and agents, from any and all liability to Permitee, its officers, employees or agents, whether caused by Oakland Township Parks, its departments, offices, employees or agents. Statement of Indemnification: Permitee hereby covenants and agrees to hold harmless, indemnify, defend and represent the Township of Oakland against any and all claims for bodily injury or property damage or any other claim arising out of or related to (1) this permit; (2) the activities authorized by this permit; and (3) the use of occupancy of the premises which are the subject of this permit, as well as any other township owned lands. This indemnification and hold harmless agreement shall extend to all loss, injury, death, or damage, proximately caused or arising out of the negligence of the Charter Township of Oakland, Oakland Township Parks & Recreation, its departments, officers, employees and agents. I have read the conditions governing this permit and the accompanying guidelines and agree to abide by them in the conduct of my operations under this permit. Permitee Signature Date Department Representative Date 16

17 At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday July 21, 2004 the following resolution was offered by Commissioner Tomboulian and seconded by Commissioner Peruzzi. RESOLUTION A resolution for the adoption of additional rules and regulations concerning Picnic Pavilion Reservations at Bear Creek Nature Park. Whereas Oakland Township park users are desirous of reserving the picnic pavilion with Bear Creek Nature Park for their exclusive use; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas additional rules and regulations are needed to provide for the orderly conduct of reserving the picnic pavilion at Bear Creek Nature Park; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following documents, which are attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Bear Creek Nature Park Picnic Pavilion Reservation Policy a. Pavilion and Support Facility Information b. Procedure for Reserving Park Pavilion c. Rules Governing Park Pavilion Usage d. Rules Governing Refund of Deposit e. Cancellation and Schedule Changes 2. Application for Temporary Permit. Authorizes the Parks and Recreation Director as the designate of the Parks and Recreation Commission to issue Temporary Permits for the reservation of the Picnic Pavilion in Bear Creek Nature Park if the requested use is not contrary to the purposes or regulations of Ordinance 38A-1; any rules duly adopted by the Parks and Recreation Commission; or the most beneficial use of the park on behalf of the Township residents. Ayes: TOMBOULIAN, PERUZZI, MACKLEY, BARKHAM, WINTER, GODIN 17

18 Nays: Absent: NONE PHILLIPS I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on July 21, 2004 at 7:00 pm in the Oakland Township Parks/Police Building, 4393 Collins Road, Rochester, Michigan 48306, with a quorum present. Dated: Melinda Milos-Dale, Parks and Recreation Director, Charter Township of Oakland 18

19 Name of Applicant: Contact Person: Address: Telephone (including area code): Name of Event or Project: Describe Intended Use: State desired term or duration of permit: Date/Time to Start: Date/Time to End: How many expected participants? *STARRED ACTIVITIES REQUIRE BOTH A WRITTEN PERMIT AND APPROVAL AT A REGULARLY SCHEDULED PRC MEETING. ~OTHER PERMITS MAY BE REFERRED FOR PRC APPROVAL IF DEEMED APPROPRIATE~ Picnicking/Group Provision: *Groups over 100 people. Groups of requires written permit. Facility to be reserved: Tents or canopies, additional tables or grills (your own) *On-site Publicity: Signs, circulars or banners. Location of posting and /or distribution: *Entertainment Provision: Play, Speech, Musical, Mobile Recreation, Climbing wall Sale or Display (No hawking, begging, peddling or gambling). Location of Event or Display: Sound amplifying equipment. *Vehicle Use Provision Will motor vehicle access be needed beyond parking lot? Describe usage and complete next two lines. Make/Model of vehicle: License Plate No: Insurance Company: Name of Driver: *Camping Provision: Camping Park Area to be reserved: *Fire Provision: Ground Fire (Campfire) not in a fireplace, receptacle, or fire pit also requires Burn Permit from Charter Township of Oakland. Burn Permit No. Note: All fires must be extinguished completely before leaving the area. Location of proposed Fire: Other Activity: 19

20 Terms: 1. This permit is issued for the dates and times listed above and for the purposes authorized and for no others. THIS PERMIT CAN BE TERMINATED BY REPRESENTATIVES OF THE PARKS AND RECREATION COMMISSION AT ANY TIME WITHOUT NOTICE AND WITHOUT CAUSE. The permit holder agrees that in the event his/her permit is terminated; he/she and all other participants/attendees shall leave the Park property immediately and will have no claim against the Commission or any of its representatives. 2. The permit holder agrees and understands that this permit is not and shall not create a lease, easement or other rights not specifically identified in this document. No changes are allowed unless in writing. THE PEMIT HOLDER CANNOT ASSIGN THIS PERMIT TO ANYONE ELSE. 3. The Commission shall not be liable to the permit holder or anyone authorized above for any loss, injury or damage to persons or property while they are on or around park property. All motor vehicles used must be insured. The permit holder agrees to hold the Commission, Governments and representatives harmless and shall indemnify and defend them from all losses, injury, damage or claims by anyone for any reason caused by or growing out of the use of this permit or activities authorized by this permit. 4. The permit holder must conform with all federal, state, and local laws, ordinances, rules and regulations. The permit holder may be required to obtain other governmental permits or authorization of neighboring property owners and if so must do so at his own expense. 5. Notices, if any are needed, shall be sufficient if mailed by ordinary mail to the permit holder at the address listed on the front of this form. 6. Permit holder or user(s) must show identification if requested to do so by a law enforcement officer, community representative or commission representative. THE UNDERSIGNED AGREES TO THE TERMS AS LISTED ON PAGES ONE AND TWO AND THE BEAR CREEK NATURE PARK PICNIC PAVILION RESERVATION POLICY Signature of Applicant/Contact: Print or Type Name: Date: Signature for the Parks and Recreation Commission: Date Approved/Denied by Parks and Recreation Commission: Permit area inspection approved by Deposit refunded by Ordinance 38A-1 Pavilion Policy Trash bags Date Date Receipt Cash Check Permit Copy Reserved Sign 20

21 Charter Township of Oakland Parks & Recreation Commission 4393 Collins Road Rochester, MI Phone Fax Bear Creek Nature Park Picnic Pavilion Reservation Policy (10/05/07) Pavilion and Support Facility Information Pavilion size: 24 x 36 Number of Tables: Six 6-foot tables and two 7-foot tables (2 wheelchair accessible) Maximum User Capacity: 50 Maximum Vehicle Capacity for Adjacent Parking Lot: 25 Vehicles Toilet Availability: One unisex handicap-accessible portable toilet Water Availability: None Electricity Availability: None Grill Availability: 1 stand-alone grill Reservation hours: 8 am - dusk Non-refundable Reservation Fee per event: $25.00 Refundable Deposit per event: $25.00 Procedure for Reserving Park Pavilion 1. After January 1 st of the same year for which an application is being submitted, park users may submit an application for a permit to reserve the Bear Creek Nature Park Picnic Pavilion. The pavilion can be reserved Monday through Sunday, excluding holidays and is only available one day on weekends. If a weekend day is already reserved, the other day cannot be reserved. a. Applications must be accompanied with $50.00 cash or check. No phone reservations or credit cards are accepted. b. Applications will not be accepted less than one month prior to the usage date. If the usage requires the written authorization of the Parks and Recreation Commission the applicant must leave adequate time for their approval at a regularly scheduled Parks and Recreation Commission meeting, which occur on the second and fourth Wednesdays of each month. 2. The pavilion shall be considered reserved upon the payment of the prescribed fee and deposit and the issuance of a Park Facilities Permit, to be provided by the Parks and Recreation Department where applicable. At this time the user can also obtain trash bags from the Parks and Recreation Department for use at the event. Keep pages 3-5 for your records. 21

22 Rules Governing Park Pavilion Usage 1. Events can only be scheduled between 8 am and dusk. Township parks are only open during daylight hours. 2. Vehicles can only be used in authorized areas, such as the driveway or parking lot. 3. Application/Permit must be retained at all times by user group and displayed on the picnic shelter while the event is occurring. 4. The Permit is only valid for the date shown. 5. The group is responsible for leaving the shelter area clean and orderly. 6. No alcoholic beverages are allowed in any Oakland Township Park. 7. No open fires are permitted. 8. Pets must be kept on a maximum 6-foot leash. 9. Pet owners must clean up their pet s feces. 10. No canopies, tents, additional tables or grills or are allowed without written authorization. 11. Camping, groups over 100 people in size, plays, speeches, musicals, sales, displays or posting of signs/banners require approval and written permission of the Parks and Recreation Commission at a regularly scheduled meeting. 12. All fires in grills must be extinguished and all coals and ashes must be removed from the grills and deposited in designated receptacles. 13. Inflatable structures are only allowed in the park when they are provided as part of an Oakland Township sponsored event. Rules Governing Refund of Deposit The deposit will only be refunded if all of the following apply: 1. The user group has not caused damage to any park facilities. 2. The user group has bagged and removed all their waste. 3. The pavilion area has been left clean, i.e. pavilion area free of debris, tables wiped clean, coals and ashes removed from grills and deposited in designated receptacles, portable toilet inspected and cleaned as needed. 4. The user group has not violated any terms agreed to in the permit application or any of the rules cited above. Parking Areas Parking is allowed in the 25-space gravel parking lot and head-in along the 25-space driveway fence. Overflow parking is available at the Township Municipal Complex, and park users may access the park from the trails (approximately 6/10 mile hike). Park users should not park along Snell or Valley View Roads. Please see attached map. Cancellation and schedule changes by the applicant/permit holder All cancellations and schedule changes are subject to a $10 non-refundable fee. Requests must be made in writing. Rainouts are entitled to a full refund of the fee and deposit if requested in writing. For any cancellations less than fourteen (14) days prior to the event or activity, the $25.00 fee is forfeited; however, the $25.00 deposit will be refunded. Cancellation by the Parks & Recreation Director or their designee Due to weather conditions, which make the event/activity impossible, or to any Act of God beyond the control of the applicant/permit holder, 1) a credit may be given to the applicant; 2) a refund may be applied for to the Parks & Recreation Director; or 3) the event may be rescheduled at the earliest available date. 22

23 23

24 At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday January 5, 2005 the following resolution was offered by Commissioner Tomboulian and seconded by Commissioner Barkham. RESOLUTION A Resolution for the adoption of additional rules and regulations concerning designated winter sledding areas in Oakland Township Parks. Whereas Oakland Township park users are desirous of participating in sledding as a recreation activity within the Oakland Township parks; and Whereas to participate in sledding park users desire to exercise physical exertion within Oakland Township parks; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas only portions of specific Oakland Township parks are appropriate for sledding activity; and Whereas additional rules and regulations are needed to provide for the orderly and safe conduct of sledding within these specific Oakland Township park areas; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks and penalties for non-compliance; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following document, which is attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Rules and regulations for designated winter sledding areas in Oakland Township Parks. Ayes: MACKLEY, TOMBOULIAN, WHITMAN, WINTER, PERUZZI, BARKHAM Nays: Absent: GODIN NONE I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on January 5, 2005 at 6:00 pm in the Oakland Township Parks/Police Building, 4393 Collins Road, Rochester, Michigan 48306, with a quorum present. Dated: Melinda Milos-Dale, Parks and Recreation Director, Charter Township of Oakland 24

25 Rules & Regulations for Designated Winter Sledding Areas in Oakland Township Parks A. Only areas that are designated and posted for winter sledding activity will be regularly inspected and maintained for this activity by representatives of Oakland Township Parks and Recreation. B. Areas designated and posted for winter sledding activity include the following Oakland Township Park locations: 1. Lost Lake Nature Park: Sledding hill near park entrance. C. Users assume all risk of using winter sledding areas, acknowledging that these areas can be steep, hazardous conditions could be present, and that the areas are unsupervised. D. If signage is posted saying, sledding hill is closed, no person will be permitted to use the hill for any recreation activity. E. Winter sled hill users must abide by the following rules and regulations: 1. Sledding is allowed in the designated area of park only. 2. No snowboarding or skiing is allowed in the designated winter sledding area. 3. To assure user safety, a maximum of 2 persons per sled is allowed. 4. Users are to ascend the hill using the designated return trail only. 5. Users are not to sled down the designated return trail. 6. Children must be supervised by an adult. 7. Glass bottles or containers are prohibited. 8. Users are to be sure hill is clear before proceeding. 9. Pets are not allowed in the active sledding area. 25

26 Charter Township of Oakland Parks and Recreation Commission 4393 Collins Road, Rochester, MI Fax At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday, January 13, 2010, the following resolution was offered by Commissioner Barkham and seconded by Commissioner Peruzzi. RESOLUTION A resolution for the adoption of additional rules and regulations concerning Sled Hill and Warming Shelter Reservations at Lost Lake Nature Park. Whereas Oakland Township park users are desirous of reserving the sled hill and warming shelter at Lost Lake Nature Park for their exclusive use; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas additional rules and regulations are needed to provide for the orderly conduct of reserving the picnic pavilion at Lost Lake Nature Park; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A- 1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following documents, which are attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Lost Lake Nature Park Sled Hill and Warming Shelter Reservation Policy a. Warming Shelter and Sled Hill and Support Facility Information b. Procedure for Reserving Park Sled Hill and Warming Shelter c. Rules Governing Park Sled Hill and Warming Shelter Usage d. Rules Governing Refund of Deposit e. Cancellation and Schedule Changes 26

27 f. Rules & Regulations for Designated Winter Sledding Areas in Oakland Twp. Parks g. Pre-rental and Post-rental Inspection Forms h. Release of Liability & Indemnification Agreement 2. Application for Temporary Permit. Authorizes the Parks and Recreation Director as the designate of the Parks and Recreation Commission to issue Temporary Permits for the reservation of the Sled Hill and Warming Shelter in Lost Lake Nature Park if the requested use is not contrary to the purposes or regulations of Ordinance 38A-1; any rules duly adopted by the Parks and Recreation Commission; or the most beneficial use of the park on behalf of the Township residents. Ayes: MAKCKLEY, PERUZZI, BARKHAM, WHITMAN, MAMMEN, MANGIAPANE Nays: Absent: NONE TOMBOULIAN I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on January 13, 2010 at 7:00 pm in the Oakland Township Parks/Police Building, 4393 Collins Road, Rochester, Michigan 48306, with a quorum present. Dated: 1/27/10 Becky McLogan, Parks and Recreation Director, Charter Township of Oakland 27

28 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Name of Applicant: Contact Person: Address: Telephone: Name of Event: Cell Phone: Rental includes use of warming shelter, sledding hill and 30 parking spaces. Rental includes 4 hours of rental time, from 6pm-10pm, please provide date requested: Maximum 40 persons. How many participants will be attending? Terms: 1. This permit is issued for the dates and times listed above and for the purposes authorized and for no others. THIS PERMIT CAN BE TERMINATED BY REPRESENTATIVES OF THE PARKS AND RECREATION COMMISSION AT ANY TIME WITHOUT NOTICE AND WITHOUT CAUSE. The permit holder agrees that in the event his/her permit is terminated; he/she and all other participants/attendees shall leave the Park property immediately and will have no claim against the Commission or any of its representatives. 2. The permit holder agrees and understands that this permit is not and shall not create a lease, easement or other rights not specifically identified in this document. No changes are allowed unless in writing. THE PEMIT HOLDER CANNOT ASSIGN THIS PERMIT TO ANYONE ELSE. 3. The Commission shall not be liable to the permit holder or anyone authorized above for any loss, injury or damage to persons or property while they are on or around park property. All motor vehicles used must be insured. The permit holder agrees to hold the Commission, Governments and representatives harmless and shall indemnify and defend them from all losses, injury, damage or claims by anyone for any reason caused by or growing out of the use of this permit or activities authorized by this permit. 4. The permit holder must conform with all federal, state, and local laws, ordinances, rules and regulations. The Permit holder may be required to obtain other governmental permits or authorization of neighboring property owners and, if so, must do so at his own expense. 5. Notices, if any are needed, shall be sufficient if mailed by ordinary mail to the permit holder at the address listed on the front of this form. 6. Permit holder or user(s) must show identification if requested to do so by a law enforcement officer, community representative or commission representative. 28

29 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Lost Lake Nature Park Sled Hill & Warming Shelter Reservation Policy (Adopted 1/13/10) Facility Information Warming Shelter and Sled Hill facility information size: 24 x 24 Number of Tables Inside Shelter: Five 8-foot tables Number of Tables Outside Shelter: Two picnic tables Maximum User Capacity: 40 Maximum Vehicle Capacity for Adjacent Parking Lot: 30 Vehicles Toilet Availability: One unisex handicap-accessible outdoor portable toilet Water Availability: Single User Handwash Station 16 gallon Electricity Availability: 10 outlets inside shelter Grill Availability: None. No outside grills allowed. Reservation hours: 6pm-10pm, Monday, Tuesday, Thursday & Friday only Non-refundable Reservation Fee per event: $ Refundable Deposit per event: $ Procedure for Reserving Warming Shelter and Sled Hill 1. After April 1 st, park users may submit an application for a permit to reserve the Lost Lake Nature Park Warming Shelter for the upcoming winter season. The shelter can be reserved Monday, Tuesday, Thursday or Friday, excluding holidays and is only available from 6pm-10pm on those days. a. Applications must be accompanied with $ cash or check. No phone reservations or credit cards are accepted. b. Applications will not be accepted less than two weeks prior to the usage date. If the usage requires the written authorization of the Parks and Recreation Commission, the applicant must apply at least one month prior to the usage date to allow enough time for their approval to be heard at a regularly scheduled Parks and Recreation Commission meeting, which occur on the second and fourth Wednesdays of each month. 2. The warming shelter shall be considered reserved upon the payment of the prescribed fee and deposit and the issuance of a Park Facilities Permit, to be provided by the Parks and Recreation Department where applicable. Rules Governing Lost Lake Nature Park Warming Shelter and Sled Hill Usage 1. Events can only be scheduled between 6pm and 10pm on specified weekdays, renter must arrive 30 minutes prior to event. 2. Vehicles can only be used in authorized areas, such as the driveway or parking lot. 3. Application/Permit must be retained at all times by user group and reserved sign displayed on the door of the warming shelter while the event is occurring. 4. The Permit is only valid for the date shown. 5. Renter and all members of their party must obey Sled Hill Rules and Regulations page 4 of this document). 6. The group is responsible for leaving the areas clean and orderly. 7. No alcoholic beverages are allowed in any Oakland Township Park per Ordinance 38A No open fires are permitted. 29

30 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Cook stoves, microwaves, hot plates, grills or other similar appliances are NOT allowed. Coffee makers, crockpots and hot chocolate makers are allowed. 10. No pets. 11. No canopies, tents, additional tables, grills or other similar items are allowed without written authorization. 12. Plays, speeches, musicals, sales, displays or posting of signs/banners require approval and written permission of the Parks and Recreation Commission at a regularly scheduled meeting. 13. Inflatable structures are only allowed in the park when they are provided as part of an Oakland Township sponsored event. 14. Required Adult to Child ratios Children age 1-10 years 1:5 (adult to child); Children age years 1:10 (adult to child); Children age years 1:12 (adult to child). Rules Governing Refund of Deposit The deposit will be refunded if all of the following apply: 1. The user group has not caused damage to any park facilities. 2. The user group has left the areas clean and orderly (i.e. shelter/hill/parking lot areas free of debris, tables wiped clean, portable toilet inspected and cleaned as needed). 3. The user group has not violated any terms agreed to in the permit application, the rules cited above or Ordinance 38A-1 and Sled Hill Rules. Parking Areas Parking is ONLY allowed in the 30-space gravel parking lot. Users cannot park along Lost Lake Trail or any nearby adjoining roads or driveways. Cancellation and schedule changes by the applicant/permit holder No cancellations will be allowed by the applicant/permit holder and will result in forfeiting your deposit and rental fee. Cancellation by the Parks & Recreation Director or their designee Due to weather conditions, which make the event/activity dangerous or unfeasible, or to any Act of God beyond the control of the applicant/permit holder, 1) a refund may be applied for to the Parks & Recreation Director; or 2) the event may be rescheduled at the earliest available date. THE UNDERSIGNED AGREES TO THE TERMS, PROCEDURES AND RULES LISTED IN THIS LOST LAKE NATURE PARK RESERVATION POLICY Signature of Applicant/Contact: Print or Type Name: Signature for the Parks and Recreation Commission: Date Approved/Denied by Parks and Recreation Commission: Permit area inspection approved by Deposit refunded by Ordinance 38A-1 Date Date Date: Receipt Cash Check Permit Copy Reserved Sign 30

31 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Name of Applicant: Rules & Regulations for Designated Winter Sledding Areas in Oakland Township Parks A. Only areas that are designated and posted for winter sledding activity will be regularly inspected and maintained for this activity by representatives of Oakland Township Parks and Recreation. B. Areas designated and posted for winter sledding activity include the following Oakland Township Park locations: 1. Lost Lake Nature Park: Sledding hill near park entrance. C. Users assume all risk of using winter sledding areas, acknowledging that these areas can be steep, hazardous conditions could be present, and that the areas are unsupervised. D. If signage is posted saying, sledding hill is closed, no person will be permitted to use the hill for any recreation activity. E. Winter sled hill users must abide by the following rules and regulations: 1. Sledding is allowed in the designated area of park only. 2. No snowboards, skis, tricycle sleds, sleds with metal runners, toboggans or inflatables. No building of ramps, jumps or obstacles. 3. To assure user safety, a maximum of 2 persons per sled is allowed. 4. Users are to ascend the hill using the designated return trail only. 5. Users are not to sled down the designated return trail. 6. Children must be supervised by an adult. 7. Glass bottles or containers are prohibited. 8. Users are to be sure hill is clear before proceeding. 9. Pets are not allowed in the active sledding area. 31

32 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Overall Park Map Legend Park Entrance Parking Lot Shelters * *Please note that the WARMING SHELTER is the only facility covered under this rental 32

33 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Lost Lake Nature Park Application for Temporary Use Permit RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT THIS RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT (hereinafter referred to as the Release of Liability & Indemnification Agreement ) is entered into, on the date set forth below, by the undersigned individual, who is referred to throughout this Release of Liability & Indemnification Agreement as I. AS CONSIDERATION, in addition to any monetary fees and other charges paid or to be paid in the future, for being permitted to utilize the services, facilities and equipment of the Released Parties (who are defined in paragraph (2), below) and to engage in Sledding Activities (which is defined in paragraph (1), below), I, THE UNDERSIGNED INDIVIDUAL DO HEREBY AGREE AS FOLLOWS: (1) SLEDDING ACTIVITIES : Within this Release of Liability & Indemnification Agreement the term Sledding Activities includes and is defined as sledding and related activities, as well as the utilization of the facilities of the Released Parties at Lost Lake Nature Park in connection with any of the foregoing activities. Sledding Activities does not include skiing, or snowboarding, and these activities are prohibited at Lost Lake Nature Park. (2) RELEASED PARTIES : Within this Release of Liability & Indemnification Agreement the term Released Parties is defined as, and includes, The Charter Township of Oakland (Township) and The Charter Township of Oakland Parks and Recreation Commission (PRC), along with all the elected and appointed officials, and the employees, agents and consultants of both entities. (3) RESPONSIBLE PARTY : Within this Release of Liability & Indemnification Agreement, the term Responsible Party is defined as the individual applying for the Temporary Use Permit at Lost Lake Nature Park. The Responsible Party hereby understands and acknowledges that no employees of the Township or the PRC will be present at the private event, and that, by signing this Release of Liability & Indemnification Agreement, the Responsible Party hereby assumes all liability for the conduct and activities of his or her invited guests at such private event. (4) RELEASE FROM LIABILITY: I hereby release and discharge the Released Parties from any and all liability, claims demands and causes of action (at law or equity) that I or my guests may hereafter have for physical or mental injuries of any kind, damages, and death arising out of my participation, on this day or at any time in the future, in Sledding Activities, even if such injuries, damages, or death are caused by the negligence, in any degree, intentional tort, or other fault of the Released Parties. It is my understanding and agreement that this Release of Liability & Indemnification Agreement is intended to and in fact does release the Released Parties from any and all claims and obligations, foreseen and unforeseen, contemplated and not contemplated, of any nature whatsoever arising in any way from my participation in Sledding Activities. (5) COVENANT NOT TO SUE: I hereby agree that I will not sue or make any claim of any nature whatsoever against the Released Parties for physical or mental injuries of any kind, death, or other damages or losses sustained by me as a result of my or my guests participation in Sledding Activities, even if such injuries or damages are caused by the negligence, in any degree, intentional tort, or other fault of the Released Parties. (6) INDEMNIFICATION AND HOLD HARMLESS: I hereby agree to indemnify and forever save and hold the Released Parties harmless from all liability, court claims, lawsuits, money damages, judgments and costs 33

34 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax (including but not limited to all attorney s fees and court costs incurred by the Released Parties ) and to reimburse the Released Parties for any expenses whatsoever incurred in connection with any lawsuit or other court action brought as a result of my participation in Sledding Activities, including but not limited to actions brought myself or brought on my behalf or brought by the representation of my Estate, or by my guests, on their behalf, or by their Estates. (7) PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Release of Liability & Indemnification be binding not only upon myself, but that it also be binding upon any person and any entity (including but not limited to my Estate, heirs and assigns) that or who may be able to or does sue because of my injuries, damages or death. (8) ENFORCEABILITY: I agree that if any portion of this Release of Liability & Indemnification Agreement is found to be unenforceable or against public policy, that only that portion shall be deleted, but I HEREBY SPECIFICALLY WAIVE any unenforceability or any public policy argument that I may make or that may be made on my behalf or that may be made on behalf of my Estate or by any other person or entity that would sue on my behalf. (9) CONSTRUCTION: It is my intention and agreement with the Released Parties that this document be broadly and liberally construed in favor of the Released Parties and against me and my guests (or anyone purporting to act on our behalf or any representative of our Estates) and that all ambiguities be resolved in favor of the Released Parties. (10) VENUE: It is further agreed by and between the parties that, no matter where venue lies, any and all lawsuits against the Released Parties shall be filed in the Oakland County Circuit Court in the State of Michigan or the Eastern Federal District Court in the State of Michigan. It is further agreed by and between the parties that, in the event any lawsuit if filed against the Released Parties in another Circuit or jurisdiction, such lawsuit shall be transferred to Oakland County, Michigan or the Eastern Federal District Court in Michigan. (11) UNDERSTANDING OF AGREEMENT: I HEREBY STATE AND CERTIFY ALL OF THE FOLLOWING: (A) THAT I HAVE CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION OF THIS RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT; (B) THAT I UNDERSTAND THIS RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT IS A LEGAL DOCUMENT AND AGREEMENT THAT IS BINDING ON ME, AND ALL OF MY PRESENT AND FUTURE HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND ESTATE; (C) THAT I INTEND TO BE BOUND BY EACH AND EVERY PROVISION OF THIS RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT; AND (D) THAT I FULLY UNDERSTAND THAT, BY SIGNING THIS DOCUMENT, I INTEND TO AND SHALL FOREVER GIVE UP IMPORTANT LEGAL RIGHTS. I have read, signed below, and affixed my initials to each of the preceding eleven (11) paragraphs of this document this day of 20 SIGNED: Printed Name of Person Signing: Date of Birth of Person Signing: Received By: _1 34

35 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Date Application Received Permit No. PRE-RENTAL INSPECTION FORM Portable Toilet(s) Parking Lot Sledding Hill Warming Shelter Clean & toilet paper? Plowed and clear? Counter/Tables/Chairs Clean? Set up? Floor swept? Garbage containers lined with bags? Lights on? Picnic Tables free of snow/ice? Codes: YES NO (describe in notes if not satisfactory and why) Notes: For official use only: Reviewed by Reviewed by Date Date 35

36 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Clean? POST-INSPECTION RENTAL FORM Portable Toilet(s) Parking Lot Sledding Hill Warming Shelter Free of debris? Damage to parking barrier? Tables/counter/floor free of debris? All chairs & tables accounted for? Garbage ready to take to Twp? (by Monitor) Picnic tables free of debris? Codes: YES = completed by renter NO = not completed, use NOTES to explain Notes: For official use only: Reviewed by Date Deposit due renter: Yes: No: 36

37 CHARTER TOWNSHIP OF OAKLAND COUNTY OF OAKLAND STATE OF MICHIGAN ORDINANCE NO. 38A AMENDMENT TO OAKLAND TOWNSHIP PARKS AND RECREATION ORDINANCE AN ORDINANCE TO AMEND ORDINANCE NO. 38A-1, PARKS AND RECREATION ORDINANCE, BY AMENDING ARTICLE III, GENERAL PROVISIONS, SECTION TO DELETE REFERENCE TO TRANSPORTATION AND POSSESSION OF FIRE ARMS WITHIN A PARK AREA AND ALLOW USE OF BOWS AND ARROWS IN DESIGNATED ARCHERY RANGE. THE CHARTER TOWNSHIP OF OAKLAND ORDAINS: Section 1 of Ordinance Ordinance No. 38A-1, Article III, is hereby amended to read as follows: Section Section Section ARTICLE III GENERAL PROVISIONS LAND TO WHICH ORDINANCE APPLIES [unchanged] RULES AND REGULATIONS The following rules and regulations apply in all parks: 1. [unchanged] 2. [unchanged] 3. No person shall at any time discharge or set off anywhere within a park, a revolver, pistol, shotgun, rifle, air gun, water gun, paint ball gun or any gun, rifle, firearm or bow and arrow or any other weapon that discharges projectiles either by air, gas, spring, explosive substance or any other force. This subsection shall not apply to: any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position; any authorized participant at the time or place of a hunting activity authorized by the Oakland Township Parks and Recreation Commission under 37

38 Subsection a, above; or any permitted use of a bow and arrow on a Township designated archery range within a park [unchanged] Section 2 of Ordinance All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law in force when they are commenced. Section 3 of Ordinance This Ordinance shall be effective upon publication in the manner prescribed by law. CERTIFICATION It is certified that the Ordinance set forth above was duly adopted by the Township Board of the Charter Township of Oakland at a meeting duly called and held on the 22' 1 day of June, Introduced: June 8, 2010 Adopted: June 22, 2010 Published: July 1, 2010 Effective: August 1,

39 STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF OAKLAND RESOLUTION FOR THE ADOPTION OF THE FACILITY USE POLICY AND FACILITY USE PERMIT FOR THE RESERVATION AND LEASING OF MARSH VIEW PARK ATHLETIC FIELDS RESOLUTION NO At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday August 22, 2012 the following resolution was moved by Commissioner Mangiapane and seconded by Commissioner Peruzzi. Whereas users of Oakland Township parks desire to reserve the Marsh View Park athletic fields at certain times for their exclusive use; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas additional rules and regulations are needed to provide for the orderly conduct of reserving and leasing the athletic fields at Marsh View Park; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following documents, which are attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Marsh View Park Use Reservation and Lease Policy a. Facility Use Application b. Facility Use Policy c. Facility Use Permit d. Release of Liability & Indemnification Agreement 2. Application for Facility Use Permit Ayes: Nays: Absent: Authorizes the Parks and Recreation Director as the designate of the Parks and Recreation Commission to issue temporary permits for the reservation of the athletic fields at Marsh View Park, if the requested use is not contrary to the purposes or regulations of Ordinance 38A-1; any rules duly adopted by the Parks and Recreation Commission; or the most beneficial use of the park on behalf of the Township residents. Mackley, Tomboulian, Peruzzi, Barkham, Mammen, Mangiapane, Whitman None None I hereby certify that the foregoing is a resolution made and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a regular meeting held on Wednesday, August 22, 2012, at 7:00 pm in the Paint Creek Cider Mill Building, 4480 Orion Road, Rochester, Michigan 48306, with a quorum present. Becky McLogan, Parks and Recreation Director Charter Township of Oakland 39 Dated: 10/2/12

40 Oakland Township Parks and Recreation Commission Date of Application: Field Use Application Organization/Team Name: Type of Organization (Non-profit, school, For-profit, etc.): Contact Person: Address: Address: City: Zip: Day time phone: Evening phone: Cell Phone: Fax: Non-Profit Tax I.D#: Organization Website: Sport: # of Participants: # of Teams: _ Age Groups: TERMS OF AGREEMENT In signing this agreement, I understand and agree to the following: Oakland Township Parks and Recreation is not responsible for any damage to property or personal injury arising out of rentals. Oakland Township Parks and Recreation reserves the right to deny request of rental if deemed in the best interest of Oakland Township Parks and Recreation. Renter agrees to abide by all park rules and ordinances DAMAGE & CLEAN-UP AGREEMENT Said group agrees to pay Oakland Township Parks and Recreation Commission for maintenance cost or damage to any property caused by said group at said location, and said group agrees to forfeit their security deposit if the field or fields used by said group is not CLEANED UP and returned to the condition in which it was found. WAIVER OF LIABILITY To the fullest extent permitted by law, agrees to defend, pay in behalf of, indemnify, and hold harmless the Oakland Township Parks and Recreation Commission, the Charter Township of Oakland, its elected and appointed officials, employees and volunteers and others working in behalf of the Oakland Township Parks and Recreation Commission and the Charter Township of Oakland against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted or claimed or recovered against or from Oakland Township Parks and Recreation Commission, the Charter Township of Oakland, its elected officials, employees, volunteers or others working in behalf of Oakland Township Parks and Recreation and the Charter Township of Oakland, by reason of personal injury or death and/or property damage, including loss of thereof, which arises out of or is in any way connected or associated with this rental. I have read and understand all of the rules and policies listed. Signature of Renter/Authorized Representative: Date: Individual/Organization Date 40

41 Charter Township of Oakland - Parks & Recreation Department 4393 Collins Road, Rochester, MI Section 1 - Introduction Facility Use Policy A. The Parks & Recreation Department (Department) of the Charter Township of Oakland (Township) has established the following policies and procedures to ensure the safe and efficient use and the equitable availability of facilities managed by the Department. B. The intent of this policy is to ensure that our facilities and athletic fields are maintained for, used by, and kept available for use by Township residents and members of the public at large, without undue restriction or discrimination of any person, entity or organization seeking access to, and use of, facilities and athletic fields offered by the Township. C. The Township reserves the right to modify these policies and procedures and to develop and enforce such additional rules and regulations as may be required for the protection of the parks, the individual facilities of the parks, and the users and patrons of the parks. D. The Township shall adopt a schedule of fees for reasonable use of the facilities and athletic fields offered by the Township. E. Although reserved use of park facilities and athletic fields is permitted by this policy and encouraged by the Township, the Department shall allow any unreserved facility or portion of a facility to be made available for open, unstructured, public recreation activity on a first-come/first-served basis. During such periods (unreserved time), organized play, organized practice, and organized league activities shall not be permitted on the specified athletic fields at Marsh View Park. F. The Township reserves the right to refuse any individual or organized group. G. The dedicated use of any facility or area shall be considered the priority use for that facility or area unless written permission for an alternate use has been obtained from the Department. H. ADA Compliance: ADA, The Americans with Disabilities Act, prohibits municipal agencies from supporting organizations that discriminate on the basis of disability. Section 2 - Categories of Users The Township athletic fields and facilities are public property and should be used by the public as near to a firstcome/first-served basis as is reasonably possible. To protect the public lands from unregulated use that could potentially cause harm to the facilities, four categories of athletic field users are hereby defined to promote orderly and timely accessibility, reservation and scheduling of use. The Township acknowledges its right to establish a reasonable method and ranking for reserving and scheduling fields based upon, but not limited to, the following: the programming of the Township, the number of participants, the residency of participants, and the overall impact of the group or organization upon the 41

42 established recreational needs of the Township. A resident is hereby defined as a person(s) who resides in the corporate boundaries of the Township. The following categories shall be applied in the event of conflicting applications for reserved field use. A. Category 1 The Township The "Township" shall include all of the following: 1. Activities of the Charter Township of Oakland Parks & Recreation Department. 2. Activities of the Charter Township of Oakland. B. Category 2 Local Recreation Providers A Local Recreation Provider is defined as a non-profit or not-for-profit group organized for the primary purpose of providing and delivering recreational opportunities providing they meet the following requirements: 1. Have at least 50% + 1 residents; 2. Have open registration regardless of skill level; and 3. Provide an everyone plays philosophy. Individuals or organizations upon verification that 50% + 1 or more of the members/participants are residents of the Charter Township of Oakland. A team roster including addresses and phone numbers is required for groups in this category and shall be filed with the Parks & Recreation Department in accord with the procedures adopted by the Parks and Recreation Commission (PRC) for reservation of field use and scheduling. C. Category 3 Civic or Educational Groups A Civic or Educational Group shall include, but not be limited to, such organizations as the Lions Club, Homeowners Associations, Rotary Club, etc., and public or private schools. D. Category 4 Other Organizations, Individuals, Businesses, or Groups Individuals, organizations, groups and other entities, regardless of the tax/profit status of the entity. This category shall also include programming by any person or entity where the nature of the program is a camp, try-out, training session, special event, showcase, or similar program or event. Section 3 - Facilities and Athletic Fields Reservations A. A facility shall be considered "reserved" upon the payment of the determined fees and the issuance of a Field Use Permit (Permit) to be provided by the Department. Permit shall include ALL of the following: The name, address, and phone number of the individual completing the application for the Permit. This information will determine residency and fees will be based accordingly. The specific facility and/or athletic field being reserved. The date, time, and duration of the Permit. Time reserved must include any necessary 42

43 set-up or clean-up time. The specific fees charged and specific damage/security deposit. Any conditions assigned to the permit over and above the requirements of Township Ordinance or this Policy. The signature of the Department. The signature of the applicant for the Permit agreeing to the conditions, restrictions, and waivers required and acknowledging that any such conditions, restrictions, and waivers have been met or will be met in connection with the event for which the Permit has been issued. B. Full payment of fees is due at the time of reservation; including a non-refundable $15 application fee, refundable $200 damage/security deposit if required and all other applied charges. C. Cancellation and schedule changes by the applicant/permit holder: 1. All cancellations and schedule changes are subject to a $10 fee and forfeiture of nonrefundable $15 application fee. Requests must be made in writing at least 14 days prior to the rental date to avoid further penalties. 2. For any cancellations less than fourteen (14) days prior to the event or activity, the entire fee is forfeited, however, the entire damage/security deposit will be refunded. D. In the event of cancellation by the Department due to weather conditions, which make the activity impossible, or by any Act of God beyond the control of the applicant/permit holder, 1) a credit may be given to the applicant; 2) a refund request must be submitted in writing to the Department; or 3) the activity may be rescheduled at the earliest available date. E. The goal of the Department is to provide high-quality facilities and turf on our fields. To this end, fields are rotated, fertilized, aerated, top dressed and mowed on a regular basis. F. The Township will be responsible for the daily maintenance of the Township-owned fields such as mowing of the grass, fertilizing turf, lining, painting, etc. G. Any organization that would like to do any special work and/or alteration on the fields or park facilities must obtain written permission from the Township before any special work and or alterations can begin. H. Games can and will be cancelled by the Department if there is standing water or saturated areas on playing areas. In the event of cancellations; the Department will update the hotline, , ext. 299, Monday - Friday, and the Designated League Representatives (DLR) will also be contacted via or phone. When possible, field closure signs will be posted. It is the responsibility of the DLR to contact coaches and players. Coaches and players may also call the hotline. Do not call Department administrative offices. Section 4 - League Procedures 43

44 A. Coach Training & Discipline 1. Organized leagues will hold training for coaches and require participation in a coaches training program. Coaches, referees, league officials, players/participants and fans/parents that do not follow the rules of conduct will be banned from future use of Township fields. B. Application Procedures and Deadlines 1. The Department issues Reserved Field Use Permits seasonally. Individual or Single Use Rental Field Permits will be issued separately. 2. Field Allocation Meeting: To facilitate orderly scheduling of games and fields for multi-day, group or league play, the Township will host a field sizing and allocation meeting. Any league or group that has been issued permits for use will be contacted based upon contact information supplied to the Township. Based upon anticipated needs of the organizations attending the allocation meeting, the Township will issue a schedule of deadlines for the submission of application materials to obtain reserved field permits for game fields. The schedule will be forwarded to those attending the meeting, and posted at the Department offices and Township website within seven (7) days following the field allocation meeting. a. Required application materials. To request field use permits the following must be submitted in its entirety: i. A signed copy of Field Use Application Form. ii. iii. A current copy of the organization s by-laws, if applicable. A copy of the official roster(s) listing all players and coaches of each team, which must include their complete address including zip code, telephone number, and date of birth. iv. Certificate of liability insurance in the form and amounts set forth in Section 11. v. Listing of fields requested that must include date, time, team name, coach and field requested. This shall be submitted electronically in the form of a Microsoft Excel spreadsheet for all requests seeking multiple events, group or league play. vi. Damage/security deposit and application fee in the form of a check payable to Charter Township Oakland, cash or money order. The balance of all fees must be paid within fifteen (15) days following the date of the last permitted event. b. Permits listing all dates, games times and fields must be at the fields whenever games are being played. c. Requests for additional fields/facilities must be made in writing ( is acceptable) ONLY by the DLR. Additional fields will be permitted upon verification that the above-referenced application materials are current and in effect at the time of the request. d. Designated game-only fields are specified for games only; no practice, camps, tryouts, clinics or 44

45 other non-game functions will be permitted. e. At the sole discretion of the Township, any permitted fields that are repeatedly unused by a permitted user will be immediately revoked and future use of fields will be denied. In such event, all permit fees are forfeited and any remaining deposit will be refunded. Section 5 - Sales on Park Property The Township reserves to itself complete and exclusive rights to regulate the sale of all goods and services sold or conducted on park property; including but not limited to: souvenirs, programs, parking permits, etc. The sale of such items is expressly prohibited without the approval of the Department. The selling of food concessions must be approved by the Department and follow all Oakland County Health Department requirements. The right to grant a franchise to a third-party for the sale of all goods specified is held exclusively by the Township and no payment fee, percentage, or other remuneration shall accrue to the applicant/permit holder as a result of such a franchise without the approval of the Department. Failure to acquire authorization could result in forfeiture of damage deposit. Section 6 - Waivers, Etc. By recommendation of the Department, the Township reserves the right to waive policies in whole or in part; to waive restrictions and conditions; to impose restrictions and conditions; to require special security; to waive fees in whole or in part; to impose additional insurance requirements; to require municipal inspections and approvals; and to take such steps as may be necessary to ensure the health, safety, and welfare of the residents of Oakland Township and the users of the parks. Section 7 - Fees and Charges A. A non-refundable $15 application fee is required for all facility and field use requests. Application fee is per request, not per facility, and the request can be for multiple dates within the same calendar year. B. Additional fees may apply if it is deemed necessary for additional trash and/or sanitation services, see attached Schedule of Fees. C. A refundable $200 security/damage deposit is required for use of facilities and athletic fields on all property belonging to the Township. See Schedule of Fees for rates. Any damages occurring during or as a direct result of a reservation will be assessed, applied accordingly and deducted from the damage/security deposit. The applicant will receive an invoice from the Township for any costs, expenses or damages that have not been reimbursed. D. Organizations whose individual teams use the Township athletic fields that have been officially closed by the Department will automatically result in the loss of the damage/security deposit. Organizations causing damages exceeding the security/damage deposit will be held liable and billed accordingly. Additional offenses will result in the loss of field use and the revoking of permits. Section 8 - Alcohol/Tobacco in the Park 45

46 The sale, use, and possession of any controlled substance, including but not limited to, alcoholic beverages, beer, wine, and other spirits is expressly prohibited in all parks in the Township. Smoking is prohibited on or within fifty (50) feet of any athletic field, play structure, or Oakland Township recreation activity. Section 9 - Tents, Canopies and Signage Tents, canopies and signage are permitted in the parks under the following rules and regulations: Approval of the Department, with advance notice of a minimum of ten (10) business days. All tents/canopies shall be made of flame retardant material. Smoking is not permitted in tents/canopies. All tents/canopies are required to be a minimum of twenty (20) feet from buildings and thirty (30) feet from parking areas. Section 10 - Rules A. Facility and Athletic Field Use Rules 1. The Parks and Recreation Commission is committed to preserving natural resources and the environment. Please assist us in our efforts to divert materials deposited in local landfills by recycling your refuse. Put all plastic water bottles in the designated recycle bins provided by the Township. 2. Please leave park clean - wipe off tables and put refuse in designated waste containers provided by the Township. 3. A reservation is for the designated park facility only. Other park attractions and facilities are open to the public. (i.e., the basketball courts, restrooms, etc.) 4. The Township shall have the absolute right and discretion to cancel any agreement and any permission granted to the organization to use Township facilities in the event the organization fails to fully satisfy the rules of the Facility Use Policy, provided, however, the Township shall give written notification to the organization of the specific rule infraction(s) and a reasonable time to correct any infraction(s) prior to cancellation. 5. Organizations shall be responsible for the supervision of parking and the supervision and control of spectators. 6. Fireworks, torches of any kind and or explosives are prohibited in any form on the property of the Township, unless permission is granted by the Department. 7. Radio-controlled model planes, rockets, boats or wheeled vehicles are prohibited within the parks, unless permission is granted by the Department. Battery operated wheeled vehicles used by disabled persons are permitted. 46

47 8. Gambling or any game of chance for money is regulated by the State of Michigan Lottery Division in Lansing and is not permitted without properly displayed permits and approval from the Township Board of Trustees. 9. Adult supervision is mandatory. The applicant is responsible for the conduct of participants and spectators. Profane language, boisterous behavior or other objectionable demeanor is not permitted. Organizations must adhere to all Township noise ordinances. 10. All other Township ordinances are in effect and must be adhered to while on Township property. B. Park Rules 1. Glass beverage containers are not permitted on park premises. 2. Unauthorized vehicles are not permitted on grass or paths except for motorized wheelchairs and/or similar devices for the disabled. 3. The sale, use, and possession of any controlled substance, including but not limited to, alcoholic beverages, beer, wine, and other spirits, is expressly prohibited in all parks in the Township. 4. Smoking is not prohibited on or within fifty (50) feet of any athletic field, play structure, or Oakland Township recreation activity. 5. All pets must be on no longer than a 6-foot leash. 6. Pets are not permitted in picnic areas, on any athletic fields, archery range, or in any Township facilities. 7. Pet owners are responsible for picking up and removing their animal's feces from any park area. 8. Please observe posted park hours. Park hours are from dawn until dusk. 9. Golf is not allowed in any Township parks unless in designated area. 10. Deposit all waste in trash receptacles. 11. Use of athletic fields must be requested at time of reservation and included on permit. 12. Children age 12 & under shall be supervised by an adult at all times. 13. Vehicles are not permitted in the Township parks after closing. Parking is permitted in designated areas only. Parking along roadways, either paved or gravel, is prohibited, this includes safety paths, sidewalks and trails. 14. Organized groups of twenty (20) or more must notify Department prior to use of any Township recreation facilities. 15. Skateboards and rollerblades and other non-motorized vehicles are not permitted in Marsh View Park. Bikes are permitted in the park and on the park trails and but are not permitted on the fields. 47

48 Section 11 - Liability Insurance Requirements A. Use and Rental by Commercial (For Profit) Groups and Nonprofits/Charitable Groups including business seminars, parties, receptions, civic groups such as Chamber of Commerce, service clubs, churches, and similar groups. A copy of the general liability coverage with a minimum amount of $1,000,000 per occurrence and aggregate with the following wording added as Additional Insured: It is understood and agreed that the following shall be Additional Insured: The Charter Township of Oakland, and the Oakland Township Parks and Recreation Commission including all elected and appointed officials, all employees and volunteers, all boards, Departments, and/or authorities and their board members, employees and volunteers. The insurance shall be primary and noncontributory. B. Participants on teams must sign a hold harmless liability waiver indemnifying the Charter Township of Oakland and the Oakland Township Parks and Recreation Commission from any and all claims resulting from injuries, damages or losses sustained or associated with the use of the facilities. C. Any outside vendors providing services, such as caterers or similar, must submit a certificate of insurance showing the Charter Township of Oakland and the Oakland Township Parks and Recreation Commission as an additional insured and certificate holder for the date reserved of their liability insurance. Copies of the caterer s State of Michigan License shall also be provided. D. The liability of the Charter Township of Oakland for failure to honor an issued permit for use of facilities in any park as a result of power failure, act of God, condition of the facility, or other incident beyond the reasonable control of the Township shall be limited to: 1. Providing a mutually satisfactory alternate date and/or time for the event or activity scheduled under the permit; or 2. Refund of any monies received by the Township from the applicant/permit holder as a result of a specific permit. Section 12 - Amendments / Review This policy may only be amended by action of the Department for the Township. In the case of a conflict between this Policy and any other document, agreement, attachment, form, or other policy of the Township, this Policy shall control. 48

49 Oakland Township Parks & Recreation Field Use Permit User (USER) This permit for the use of soccer facilities is designed to ensure that athletic facilities owned and/or operated by Oakland Township Parks and Recreation Commission are utilized efficiently, fairly and safely. The Oakland Township Parks and Recreation Commission will work with volunteer athletic organizations in their efforts to offer high quality youth sports programs for the residents of Oakland Township. The parties to the Permit are the Oakland Township Parks and Recreation Commission, herein called OTPRC, and the User, herein called USER. The term of the Permit shall be from through. I. Allocation of Facilities A. USER shall submit a written request to OTPRC for the use of Township s soccer fields for each soccer season. B. OTPRC will review USER facility request and respond in writing to the request. C. USER shall not transfer this agreement, sublease or charge fees for soccer field use without written permission of OTPRC. This provision includes tryouts, clinics, camps and tournaments. D. USER use of OTPRC facilities must abide by all state and federal laws, municipal ordinances and posted park rules. II. USER Responsibilities A. USER shall provide certificates of general liability insurance coverage for soccer activities and functions covering all coaches, board members, and volunteers. The insurance must be an amount to properly cover the activities and functions of USER. Further, the insurance shall also name the Charter Township of Oakland and the Oakland Township Parks and Recreation Commission including all elected and appointed officials, all employees and volunteers, all boards, Departments, and/or authorities and their board members, employees and volunteers, as additional insured, in an amount of at least one million dollars ($1,000,000) per occurrence, and general aggregate. The insurance shall be primary and non-contributory. All documentation, including certificates of insurance coverages, must be provided to OTPRC in advance of the beginning of each soccer season. B. USER agrees to comply with the Americans with Disabilities Act and not discriminate against people with disabilities who want to participate in their programs and activities. C. USER shall provide to OTPRC a list of names, addresses, zip codes, telephone numbers and addresses of their coaches, participants, officers and commissioners each season. D. Current USER By-Laws, policies and procedures shall be on file with OTPRC. E. USER will be responsible to do background checks on all coaches, referees, and volunteers. 49

50 F. USER shall furnish a copy of their financial statements to OTPRC no later than July 1 of each year. G. USER shall provide annual and long-term goals and objectives to OTPRC by July 1 of each year. H. USER shall provide a complete PRELIMINARY copy of league game schedules to OTPRC at least three (3) weeks before the start of each session. The schedules must include games that will be conducted on OTPRC owned or operated facilities. I. The USER president or a designated league representative should be the primary contact with OTPRC for facility issues. J. USER use of OTPRC soccer fields must conclude by dusk. K. All makeup game schedule requests will be faxed or ed to OTPRC at least two (2) business days before a makeup game date. L. All facility improvement suggestions must be made in writing and are subject to the approval of the Parks and Recreation Director. M. No unauthorized vehicles are allowed on soccer fields. N. OTPRC and the Charter Township of Oakland Township assume no responsibility or liability for equipment, supplies, or property left with OTPRC or on their facilities. III. OTPRC Responsibilities A. OTPRC will provide and maintain township owned soccer facilities as identified in Exhibit A. IV. Exhibits OTPRC and USER agree that the Exhibits attached are a part of the agreement. Exhibit A Exhibit B Exhibit C Field Maintenance Closure of Athletic Fields Fall Use Schedule 50

51 Exhibit A Field Maintenance 1. OTPRC will maintain all turf areas, which includes mowing, weed control, fertilization and herbicide spraying for the fields at Marsh View Park. 2. OTPRC will maintain turf irrigation systems and will schedule the watering of fields at Marsh View Park. 3. USER is responsible for the conduct of its players, parents and coaches during USER functions. 4. USER will encourage the collection of litter at used facilities. All litter shall be placed in the receptacles provided by OTPRC. OTPRC will provide for the pick-up of these receptacles. 51

52 Exhibit B Field Inspection and Closure Agreement For The Soccer Fields OTPRC may close the soccer fields under the following conditions: 1. The fields are too wet for play. 2. In the interest of participant safety and /or preservation of the playing surfaces. Procedures For Athletic Field Closure WEEKDAYS 1. The primary responsibility to determine athletic field closure decision shall rest with the Parks Maintenance Foreman. 2. The USER designated league representative has the responsibility to inform the USER participants of field closure decisions. 3. OTPRC will inspect the soccer fields daily. 4. The decision of OTPRC about field closure will be final. 5. If inclement weather becomes a factor after the games have begun, game officials and/or USER members shall follow the same playability guidelines for determining cancellation or postponement. 6. A park/field closed sign will be posted to indicate that fields are closed. WEEKENDS 1. OTPRC will inspect all athletic fields by 2:00 p.m. on a Friday. 2. If weekend field closure decisions cannot be made by 2:00 p.m. on Friday, an OTPRC employee, in consultation with USER designated league representative will monitor the weather and field conditions throughout the weekend and make decisions on field closure(s), as needed. The decision of OTPRC about field closure will be final. 3. A park/field closed sign will posted to indicate that fields are closed. 4. OTPRC will determine athletic field closure decisions by 8:00 a.m. on Saturday and Sunday and will contact the designated USER designated field representative who will then be responsible to inform the USER participants of field closure decisions. 52

53 Exhibit C List Season Here FIELD USE SCHEDULE User Game Fields Only, No Practices/Scrimmages Allowed Field Use For Soccer Games Only Marsh View Par Days Dates Time Saturdays Fields: D: 1 U9 6v6 D: 2 U9 6v6 Organized practice on Oakland Township Parks and Recreation Fields is not permitted. Weekday field use for makeup games may be authorized by the Oakland Township Parks and Recreation Department when requested in writing. *Games limited to 6 games per day per field. 53

54 V. Indemnity USER agrees to defend, pay in behalf of, indemnify, and hold harmless the Oakland Township Parks and Recreation Commission, the Charter Township of Oakland, its elected and appointed officials, employees and volunteers and others working in behalf of the Oakland Township Parks and Recreation Commission and the Charter Township of Oakland against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted or claimed or recovered against or from Oakland Township Parks and Recreation Commission, the Charter Township of Oakland, its elected officials, employees, volunteers or others working in behalf of Oakland Township Parks and Recreation and the Charter Township of Oakland, by reason of personal injury or death and/or property damage, including loss of thereof, which arises out of or is in any way connected or associated with this rental, whether such injuries to persons or damage to property is due or claimed to be due to the negligence of the Oakland Township Parks and Recreation Commission and the Charter Township of Oakland, or officials, employees, volunteers or others working on their behalf. VI. Scheduling OTPRC reserves the right to utilize facilities when not assigned in writing to USER. This agreement is made and entered into on this. User President/Representative Printed Name and Signature Oakland Township Parks and Recreation Director Printed Name and Signature Oakland Township Parks and Recreation Chairman Printed Name and Signature 54

55 STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF OAKLAND PARKS AND RECREATION COMMISSION At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday January November 14, 2012 the following resolution was offered by Commissioner Mammen and seconded by Commissioner Tomboulian. RESOLUTION RESOLUTION FOR THE ADOPTION OF ADDITIONAL RULES AND REGULATIONS CONCERNING DESIGNATED WINTER SLEDDING AREAS IN OAKLAND TOWNSHIP PARKS. Whereas Oakland Township park users are desirous of participating in sledding as a recreation activity within the Oakland Township parks; and Whereas to participate in sledding park users desire to exercise physical exertion within Oakland Township parks; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas only portions of specific Oakland Township parks are appropriate for sledding activity; and Whereas additional rules and regulations are needed to provide for the orderly and safe conduct of sledding within these specific Oakland Township park areas; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks and penalties for non-compliance; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following document, which is attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Rules and regulations for designated winter sledding areas in Oakland Township Parks. Ayes: Mackley, Tomboulian, Barkham, Peruzzi, Mammen, Whitman Nays: None Absent: Mangiapane I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on November 14, 2012 at 7:00 pm in the Paint Creek Cider Mill, 4480 Orion Road, Rochester, Michigan 48306, with a quorum present. Dated: Melinda Milos-Dale, Parks and Recreation Director, Charter Township of Oakland 55

56 Rules & Regulations for Designated Winter Sledding Areas in Oakland Township Parks (revised ) Only areas that are designated and posted for winter sledding activity will be regularly inspected and maintained for this activity by representatives of Oakland Township Parks and Recreation. Areas designated and posted for winter sledding activity include the following Oakland Township Park locations: Lost Lake Nature Park: Sledding hill near park entrance. Users assume all risk of using winter sledding areas, acknowledging that these areas can be steep, hazardous conditions could be present, and that the areas are unsupervised. If signage is posted saying, sledding hill is closed, no person will be permitted to use the hill for any recreation activity. Winter sled hill users must abide by the following rules and regulations: 1. Sledding is allowed in the designated area of park only. 2. No snowboarding or skiing is allowed in the designated winter sledding area. 3. To assure user safety, a maximum of 2 persons per sled is allowed. 4. Users are to ascend the hill using the designated return trail only. 5. Users are not to sled down the designated return trail. 6. Children must be supervised by an adult. 7. Glass bottles or containers are prohibited. 8. Users are to be sure hill is clear before proceeding. 9. Pets are not allowed in the active sledding area. 10. No building of ramps, jumps, or moguls. 56

57 STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF OAKLAND PARKS AND RECREATION COMMISSION At a regular meeting of the Charter Township of Oakland Parks and Recreation Commission held on Wednesday November 14, 2012 the following resolution was offered by Commissioner Mammen and seconded by Commissioner Tomboulian. RESOLUTION RESOLUTION FOR THE ADOPTION OF ADDITIONAL RULES AND REGULATIONS CONCERNING SLED HILL AND WARMING SHELTER RESERVATIONS AT LOST LAKE NATURE PARK. Whereas Oakland Township park users are desirous of reserving the sled hill and warming shelter at Lost Lake Nature Park for their exclusive use; and Whereas the Parks and Recreation Commission is the Township entity responsible for the operation and management of Oakland Township Parks; and Whereas additional rules and regulations are needed to provide for the orderly conduct of reserving the picnic pavilion at Lost Lake Nature Park; and Whereas the Charter Township of Oakland Ordinance 38A-1 provides certain rules and regulations for the use and enjoyment of the Oakland Township parks; and Whereas the Parks and Recreation Commission may by resolution adopt additional rules and regulations applicable to specific parks that will be incorporated into Ordinance Number 38A-1; THEREFORE BE IT RESOLVED that the Charter Township of Oakland Parks and Recreation Commission takes the following action: Hereby adopts the following documents, which are attached for reference, as additional rules and regulations that will be incorporated into the Charter Township of Oakland Ordinance Number 38A-1, Article V, Other Rules and Regulations: 1. Lost Lake Nature Park Sled Hill and Warming Shelter Reservation Policy a. Warming Shelter and Sled Hill and Support Facility Information b. Procedure for Reserving Park Sled Hill and Warming Shelter c. Rules Governing Park Sled Hill and Warming Shelter Usage d. Rules Governing Refund of Deposit e. Cancellation and Schedule Changes f. Pre-rental and Post-rental Inspection Forms g. Release of Liability & Indemnification Agreement 57

58 2. Application for Temporary Permit. Authorizes the Parks and Recreation Director as the designate of the Parks and Recreation Commission to issue Temporary Permits for the reservation of the Sled Hill and Warming Shelter in Lost Lake Nature Park if the requested use is not contrary to the purposes or regulations of Ordinance 38A-1; any rules duly adopted by the Parks and Recreation Commission; or the most beneficial use of the park on behalf of the Township residents. Ayes: Nays: Absent: Mackley, Tomboulian, Barkham, Peruzzi, Mammen, Whitman None Mangiapane I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Parks and Recreation Commission of the Charter Township of Oakland at a Regular meeting held on November 14, 2012 at 7:00 pm in the Paint Creek Cider Mill, 4480 Orion Road, Rochester, Michigan 48306, with a quorum present. Dated: Melinda Milos-Dale, Parks and Recreation Director, Charter Township of Oakland 58

59 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Name of Applicant: Contact Person: Address: Telephone: Name of Event: Cell Phone: Rental includes use of warming shelter, sledding hill and 30 parking spaces. Rental includes 4 hours of rental time, from 6pm-10pm, please provide date requested: Maximum 40 persons. How many participants will be attending? Terms: 1. This permit is issued for the dates and times listed above and for the purposes authorized and for no others. THIS PERMIT CAN BE TERMINATED BY REPRESENTATIVES OF THE PARKS AND RECREATION COMMISSION AT ANY TIME WITHOUT NOTICE AND WITHOUT CAUSE. The permit holder agrees that in the event his/her permit is terminated; he/she and all other participants/attendees shall leave the Park property immediately and will have no claim against the Commission or any of its representatives. 2. The permit holder agrees and understands that this permit is not and shall not create a lease, easement or other rights not specifically identified in this document. No changes are allowed unless in writing. THE PEMIT HOLDER CANNOT ASSIGN THIS PERMIT TO ANYONE ELSE. 3. The Commission shall not be liable to the permit holder or anyone authorized above for any loss, injury or damage to persons or property while they are on or around park property. All motor vehicles used must be insured. The permit holder agrees to hold the Commission, Governments and representatives harmless and shall indemnify and defend them from all losses, injury, damage or claims by anyone for any reason caused by or growing out of the use of this permit or activities authorized by this permit. 4. The permit holder must conform with all federal, state, and local laws, ordinances, rules and regulations. The Permit holder may be required to obtain other governmental permits or authorization of neighboring property owners and, if so, must do so at his own expense. 5. Notices, if any are needed, shall be sufficient if mailed by ordinary mail to the permit holder at the address listed on the front of this form. 6. Permit holder or user(s) must show identification if requested to do so by a law enforcement officer, community representative or commission representative. 59

60 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Lost Lake Nature Park Sled Hill & Warming Shelter Reservation Policy (Adopted 11/14/12) Facility Information Warming Shelter and Sled Hill facility information size: 24 x 24 Number of Tables Inside Shelter: Five 8-foot tables Number of Tables Outside Shelter: Two picnic tables Maximum User Capacity: 40 Maximum Vehicle Capacity for Adjacent Parking Lot: 30 Vehicles Toilet Availability: One unisex handicap-accessible outdoor portable toilet Water Availability: Single User Handwash Station 16 gallon Electricity Availability: 10 outlets inside shelter Grill Availability: None. No outside grills allowed. Reservation hours: 6pm-10pm, Monday, Tuesday, Thursday & Friday only Non-refundable Reservation Fee per event: $ Refundable Deposit per event: $75.00 Procedure for Reserving Warming Shelter and Sled Hill 1. After April 1 st, park users may submit an application for a permit to reserve the Lost Lake Nature Park Warming Shelter for the upcoming winter season. The shelter can be reserved Monday, Tuesday, Thursday or Friday, excluding holidays and is only available from 6pm-10pm on those days. a. Applications must be accompanied with $ cash or check. No phone reservations or credit cards are accepted. b. Applications will not be accepted less than two weeks prior to the usage date. If the usage requires the written authorization of the Parks and Recreation Commission, the applicant must apply at least one month prior to the usage date to allow enough time for their approval to be heard at a regularly scheduled Parks and Recreation Commission meeting, which occur on the second and fourth Wednesdays of each month. 2. The warming shelter shall be considered reserved upon the payment of the prescribed fee and deposit and the issuance of a Park Facilities Permit, to be provided by the Parks and Recreation Department where applicable. Rules Governing Lost Lake Nature Park Warming Shelter and Sled Hill Usage 1. Events can only be scheduled between 6pm and 10pm on specified weekdays, renter must arrive 30 minutes prior to event. 2. Vehicles can only be used in authorized areas, such as the driveway or parking lot. 3. Application/Permit must be retained at all times by user group and reserved sign displayed on the door of the warming shelter while the event is occurring. 4. The Permit is only valid for the date shown. 5. Renter and all members of their party must obey Rules & Regulations for Designated Winter Sledding Areas in Oakland Township Parks that have been adopted by resolution as additional rules and regulations and incorporated into the Charter Township of Oakland Ordinance Number 38A- 1, Article V, Other Rules and Regulations. 6. The group is responsible for leaving the areas clean and orderly. 7. No alcoholic beverages are allowed in any Oakland Township Park per Ordinance 38A-1. 60

61 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax No open fires are permitted. 9. Cook stoves, microwaves, hot plates, grills or other similar appliances are NOT allowed. Coffee makers, crockpots and hot chocolate makers are allowed. 10. No pets. 11. No canopies, tents, additional tables, grills or other similar items are allowed without written authorization. 12. Plays, speeches, musicals, sales, displays or posting of signs/banners require approval and written permission of the Parks and Recreation Commission at a regularly scheduled meeting. 13. Inflatable structures are only allowed in the park when they are provided as part of an Oakland Township sponsored event. 14. Required Adult to Child ratios Children age 1-10 years 1:5 (adult to child); Children age years 1:10 (adult to child); Children age years 1:12 (adult to child). Rules Governing Refund of Deposit The deposit will be refunded if all of the following apply: 1. The user group has not caused damage to any park facilities. 2. The user group has left the areas clean and orderly (i.e. shelter/hill/parking lot areas free of debris, tables wiped clean, portable toilet inspected and cleaned as needed). 3. The user group has not violated any terms agreed to in the permit application, the rules cited above or Ordinance 38A-1. Parking Areas Parking is ONLY allowed in the 30-space gravel parking lot. Users cannot park along Lost Lake Trail or any nearby adjoining roads or driveways. Cancellation and schedule changes by the applicant/permit holder No cancellations will be allowed by the applicant/permit holder and will result in forfeiting your deposit and rental fee. Cancellation by the Parks & Recreation Director or their designee Due to weather conditions, which make the event/activity dangerous or unfeasible, or to any Act of God beyond the control of the applicant/permit holder, 1) a refund may be applied for to the Parks & Recreation Director; or 2) the event may be rescheduled at the earliest available date. THE UNDERSIGNED AGREES TO THE TERMS, PROCEDURES AND RULES LISTED IN THIS LOST LAKE NATURE PARK RESERVATION POLICY Signature of Applicant/Contact: Print or Type Name: Signature for the Parks and Recreation Commission: Date Approved/Denied by Parks and Recreation Commission: Permit area inspection approved by Deposit refunded by Date Date: Ordinance 38A-1 Receipt Cash Check Permit Copy Reserved Sign Date 61

62 Charter Township of Oakland Return To: Parks and Recreation Commission (PRC), 4393 Collins Road, Rochester, MI Application for Temporary Permit Lost Lake Nature Park Phone Fax Overall Park Map Legend Park Entrance Parking Lot Shelters * *Please note that the WARMING SHELTER is the only facility covered under this rental 62