NEW Pier Ban -St. Joseph & New Buffalo, Mi.

[Tortuga Viejo]

HELP!
Here in the SW Corner of Michigan the local governing boards want to individually ban diving & jumping from our local piers and breakwaters.

The Ordinance specifically states that: No person shall jump, dive, or otherwise enter the water from St. Joseph’s North or South Pier, or the New Buffalo Rock Breakwater.

Here is a copy of the News Release (local), a copy of the Ordinance, and a listing of the commissioners (with email addresses & phone numbers) pushing for this law.

The board voted 12 to 1 in favor of the ban as written. As written it does not allow scuba divers to use the piers/ breakwaters. If they are successful it will cascade around the state.

Please contact these individuals to voice opposition to the ordinance as written and suggest alternate wording to allow Scuba diving, Surf Board and Kite boarding entry and use.

Thanks, Mac
Michigan U/W Diver (MUD Club)

 

[Tortuga Viejo]

News & Press Releases - Public Hearing on June 26, 2008
Stevensville - The Berrien County Board of Commissioners approved a resolution which sets the date of a public hearing on Thursday, June 26 for the purpose of hearing public comment on a new proposed Berrien County Ordinance. The action was taken on Thursday, June 12 at their regular meeting.
The proposed ordinance would prohibit diving or jumping from the St. Joseph Piers and the New Buffalo Rock Breakwater. It would also prohibit a person from pushing, shoving, or causing another person to fall, dive, or jump from the piers or breakwater. Any violation of the ordinance, if approved, could result in a fine of $250.
The Public Hearing will be held at the Berrien County Administration Center, 701 Main St., St. Joseph at 10:45 a.m. before the Berrien County Board of Commissioners. The ordinance being considered can be viewed in its entirety at the Administration Center.​

Berrien County Ordinance # 22: Ordinance to Prohibit Diving or Jumping from the St. Joseph Piers and the New Buffalo Rock Breakwater

The County of Berrien, State of Michigan hereby ordains:

Section I. Ordinance #22 is hereby added to the code of ordinances for the County of Berrien to read as follows: Berrien County Ordinance #22 – Diving or Jumping from the St. Joseph Piers and the New Buffalo Rock Breakwater is prohibited.

a. No person shalljump, dive, or otherwise enter the water from St. Joseph’s North or South Pier, or the New Buffalo Rock Breakwater, except in the case of rescue or emergency, or when necessary to perform authorized maintenance.

b. No person shall push, shove, or cause any person to fall, dive or jump from any portion of St. Joseph’s North or South Pier, or the New Buffalo Rock Breakwater.

c. Any law enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has violated either subsection (a) or (b).

d. A violation of subsection (a) or (b) is a municipal civil infraction punishable by a fine of $250.00, plus court costs if applicable.

Section II. If any portion of this County Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be declared a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion or provisions of this Ordinance.

Section III. This Ordinance shall take effect and be in force immediately after the date when notice of the adoption is published in a newspaper of general circulation in the county.
Adopted by the Berrien County Board of Commissioners on this __________________ day
of _______________________, 2008.

 

[Tortuga Viejo]

Berrien County Commissioners:
Chairman of the Board - Richard Bartz
Vice-Chairperson of the Board - Debra Panozzo
Chairperson, Administration Committee - Jeanette Leahey
Vice-Chairperson, Administration Committee - Andy Vavra
Commissioner, Administration Committee - Donald Gast
Commissioner, Administration Committee- Larry Clymer
Chairman, Finance Committee - Don Ryman
Vice-Chairman, Finance Committee - Bob Wooley
Commissioner, Finance Committee - Debra Panozzo
Commissioner, Finance Committee - Mamie L. Yarbrough
Chairperson, Personnel & Human Services -Marletta Seats
Vice-Chairperson, Personnel & Human Services Committee - John LaMore
Commissioner, Personnel & Human Services Committee - Gloria Gillespie
Commissioner, Personnel & Human Services Committee - Jon Hinkelman​

Richard Bartz: 8th District Commissioner - 8945 Maplewood Drive, Berrien Springs, MI 49103 Work: (269) 983-7111 ext. 8095

Debra Panozzo: [/DebPanozzo@sbcglobal.net7th District CommissionerStevensville, MI, 49127 Work: (269) 983-7111 ext. 8095

Jeanette Leahey: jeanetteleahey@hotmail.com[6th District Commissioner2985 East Bluffwood Terrace - St. Joseph, MI 49085 Work: (269) 983-7111, ext. 8095

Andrew Vavra: 10th District Commissioner - 7120 W. Elm Valley Road- Three Oaks, MI 49128 - Work: (269) 756-9571, x8095

Donald W Gast: 9th District Commissioner P.O. Box 177-502 Lemon Creek Road- Baroda, MI 49101 - Work: (269) 471-1700, ext. 6511

Larry W. Clymer: commish131@sbcglobal.net 13th District Commissioner - 1418 Powers Ct. Niles, MI 49120 Work: (269) 983-7111 ext. 8095

Donald F Ryman - 11th District Commissioner -313 W. Front Street- Buchanan, MI 49107- Work: (269) 983-7111 ext. 8095

Bob Wooley - nbsc@i2k.com - 1st District Commissioner - Coloma, MI 49038 -
Work: (269) 983-7111 ext. 8095

Mamie L. Yarbrough - mymymy59@sbcglobal.net - 4th District Commissioner - 1086 Monroe St. - Benton Harbor, MI 49022

Marletta Seats - 3rd District Commissioner -1644 Stanley Dr.- Benton Harbor, MI 49022-Work: (269) 983-7111, ext. 8095.

John LaMore - 12th District Commissioner -2329 Floral Dr. Niles, MI 49120 -
Work: (269) 983-7111, ext. 8095.[/font]

Jon Hinkelman - jdhinkelman@qtm.net 2nd District Commissioner - 201 M-140 -Watervliet, MI 49098 - Work Phone: (269) 983-7111, ext. 8095.

 

[Tortuga Viejo]

Web site for the meeting minutes and for the Commissioners: Berrien County

 

[gtxl1200]

This is good info. Unfortunatly; the state I believe gave them the idea. Their has already been a bill introduced in Lansing, that will cover the same thing except state wide. There used to be a post on it here in this forum. I dont know what happen to it as of late.

 

[calvillo]

The bill that was pending in Lansing was more because these local governments wanted the power to adopt this kind of local law. The bill failed in Lansing and appears to be at least temporarily dead.

It looks like the local county here has tried to do it without a state law giving them the power to make such a law. If there is no state law allowing them to adopt a regulation like this, it is arguably illegal because the state has not given them the power to adopt it. Otherwise, there was no reason to go through the Lansing song and dance to get a state law adopted to allow them to do it.

One of the problems they ran into on the first state legislation is that local governments (and the state) have no control over federal property. They simply cannot do it. It is like trying to regulate something on a military base. So if this is Army Corps of Engineers or other federal property, they cannot regulate it.

In your contacts with the local government, you may want to point some of this out.

Unfortunately, the county may have decided to just do it and enforce it until someone gets a ticket and fights it in court.

 

[Tortuga Viejo]

Extract of Newspaper article on the issue:​

BERRIEN COUNTY - Commissioners consider pier-jumping ban
Proposed law would invoke $250 fine By SCOTT AIKEN Herald-Palladium Staff Writer
ST. JOSEPH — An ordinance that would prohibit jumping off the Lake Michigan piers in St. Joseph and the New Buffalo breakwater is being considered by Berrien County commissioners

A law prohibiting jumping could deter dangerous behavior, Commissioner Jeanette Leahey said. Asked whether the county would assume any liability if the ordinance is enacted, Leahey, who served on the safety committee, said attorneys say no.

The liability question was considered by county corporate counsel R. McKinley Elliott and Prosecutor Arthur Cotter, Leahey said. Commissioner Gloria Gil­lespie said a state law that applied uniformly to beaches across the state would be preferable.“But we haven’t been able to do that,” she said. “So, the situation is that municipalities are doing their own.”South Haven is considering a pier jumping ordinance and Pentwater has one.

Gillespie said the piers in St. Joseph are owned by the federal government, which prohibits diving or jumping off the structures. But the federal law is not enforceable by local police, she said.

St. Joseph Police Chief Mark Clapp said the ordinance would provide a tool, a way for officers to make contact with people who are doing something dangerous.

“If nothing else it would make them aware of the dan­gers that go along with pier jumping,” Clapp said.
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"If nothing else..." seems to be a very poor reason to enact a feel good ordinance in my opinion. Mac

 

[Tortuga Viejo]

the South Haven City Council banned diving or jumping from municipal piers.
``I wish this could've taken another route,'' Mayor Dorothy Appleyard said. ``I wish this would've passed at the state level, but that didn't happen.``
In addition to prohibiting jumping into Lake Michigan or the Black River off the city's two piers, the South Haven ordinance also prohibits swimming within 50 feet of the North or South pier. It also bans pushing, shoving or otherwise causing a person to fall from the piers into the lake or river, which runs between the two piers.
A first offense is a civil infraction carrying a $50 fine. A second offense within 90 days of the first will result in criminal misdemeanor charge punishable by a fine of up to $500, 90 days in jail or both.
Councilman Scott Smith called the local measure ``a step in the right direction'' and called upon Holland, Grand Haven and Muskegon to consider adopting similar laws. South Haven officials have pushed for a statewide ban on jumping from piers due to drownings and near-drownings blamed on strong rip currents that form around piers. South Haven imposes penalties for pier jumping- mlive.com

Seems like Michigan Divers are in a lot of trouble- What will be off limits next?

 

[Tortuga Viejo]

VILLAGE OF PENTWATER
ON PENTWATER LAKE AND LAKE MICHIGAN
327 South Hancock Street-P.O. Box 622-Pentwater, Michigan 49449
(231) 869-8301 - FAX (231) 869-5120

Pentwater Village Council
Special Council Meeting
April 30, 2007

Approval of Revised Ordinance 680.09-Chairman Jim Alfredson explained the purpose for the revision of Ordinance 680.09. Motion by Sullivan, second by Bryan to replace existing Ordinance 680.09 DIVING OR JUMPING FROM BRIDGE, DOCK, SEAWALL OR PIER with the following: 680.09 DIVING, JUMPING OR ENTERING THE WATER FROM ANY BRIDGE, DOCK, SEAWALL OR PIER.

(a) No person shall jump, dive, or otherwise enter the water from any bridge,
dock, seawall or pier on the Village property, or from the Corps of Engineers’
piers or revetments, except in case of rescue or emergency.

(b) Persons violating this Section shall be responsible for a Class B Municipal
Civil Infraction, and fined accordingly as provided in Section 203.07(a).

Voice Vote. Aye: All. Nay: None. Motion carried.

Adjournment-Motion by Griffis, second by Bryan to adjourn the special meeting.
Vote. Aye: All. Nay:
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Well I take it the local divers had no idea this was comming. Did You? Mac

 

[Tortuga Viejo]

VILLAGE OF GRAND BEACH[/font]


BEACH REGULATION ORDINANCE[/font]


Ordinance No. 2005-66[/font]​

AN ORDINANCE TO REGULATE AND CONTROL THE USE AND ENJOYMENT OF PUBLIC BEACHES IN THE VILLAGE OF GRAND BEACH, BERRIEN COUNTY, MICHIGAN; TO PROVIDE PENALTIES FOR THE VIOLATION OF SUCH REGULATIONS, AND TO REPEAL ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.THE VILLAGE OF GRAND BEACH ORDAINS

ARTICLE II - BEACH RULES - SECTION 7. DIVING FROM PIER

No persons shall at any time “dive” and/or “jump” from the Grand Beach Pier.
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Since the State could not pass such an unrealistic law, it seems like its much easier for the local governments to pass Ordinances instead. I suppose we should stop pushing the issue- What do you Divers think?