Ordinance No. 2003.02 Maximum Allowable Speed for Motorized Vehicles

Bear Lake Village Ordinance No. 2003.02
An Ordinance to Adopt a Maximum Allowable Speed for Motorized Vehicles for the Village of Bear Lake
The Village of Bear Lake ordains:

Sec. 1. Code and Amendments and Revisions adopted
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the director of the Michigan department of state police pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24. 328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated by reference as adopted by the Village of Bear Lake on February 12, 2003.

Also Part 821 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.82101 to 324.82160.

Sec. 2. References
The Village of Bear Lake mandates the maximum allowable speed on any Village street for any form of motorized vehicle, with the only exception being for Emergency Services vehicles, at 25 miles per hour.

Sec. 3. Notice to be Published
The Village of Bear Lake clerk shall publish this ordinance Number 2003-02 in the manner required by law and shall publish, at the same time, a notice stating the purpose of this ordinance and the fact that a complete copy is available to the public at the office of the clerk for inspection.

Sec. 4 Penalties
The penalties provided by the Uniform Traffic Code for Cities, Townships, and Villages as adopted by reference and also Part 821 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.82101 to 324.82160.

Effective Date:February 12, 2003
Signed:Glen Moore
Village President

Bear Lake Village Agreement For Police Protection:
Agreement for Police Protection
This agreement, made and entered in to this 10th day of June, 2003, by and between the Village of Bear Lake of 7708 Lake Street, Bear Lake, Michigan (hereafter the “Village”) and the County of Manistee of 415 Third Street, Manistee, Michigan (hereinafter the “County”);

RECITALS:
WHEREAS, the maintenance and enforcement of law and order, and thus the preservation of the health, safety and general welfare of the residents of the Village, are of the utmost importance to the Village; and
WHEREAS, the Village wishes to call upon and contract with the County to obtain and secure the performance of law enforcement services during the Manistee County Sheriff’s regularly scheduled road patrol periods: and
WHEREAS, such contracts are authorized and provided for by the provisions of 1945 PA 246, as amended (MCL 41.181), 1851 PA 156, as amended (MCL 46.11 (p)), 1973 PA 139, as amended (MCL 45.556 (p)), and 1846 RS c16, as amended (MCL 41.2);
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

ARTICLE I
SERVICES TO BE PROVIDED
The County agrees to provide, through the County Sheriff, at no cost to the Village, police protection and other law enforcement services within the geographical boundaries of the Village in the manner hereinafter set forth.

Except as may otherwise be hereinafter set forth, such police protection provided shall encompass the duties, responsibilities and functions within the jurisdiction of, and customarily rendered by the County through the County Sheriff under the Constitution and laws of the State of Michigan, the ordinances of the County and the ordinances of the Village as applicable;

Specifically, the police protection services provided pursuant to this Agreement shall be for the purposes of enforcing the Village of Bear Lake ordinances;

The County, through the Manistee County Sheriff, shall furnish all labor, supervision, equipment, communication and dispatching facilities, and supplies necessary to provide and maintain the level of service to be rendered to the Village pursuant to this Agreement; provided, however, that notwithstanding anything to the contrary contained herein, County or Sheriff shall not be required to hire additional officers, assign overtime to existing officers or increase or maintain the current level of police protection and law enforcement services in order to fulfill its obligations under this Agreement, it being the parties’ intent that all decisions regarding level of staffing and assignment of duties shall remain solely within the sound discretion of the County and Sheriff and that all police protection and law enforcement services to be provided to the Village pursuant to this Agreement shall be on an “as and when available” basis;

The County and Sheriff shall maintain the responsibility for all supervisory functions including but not limited to, the deployment of personnel, the standards of performance and the discipline of officers.

Preference shall be given to enforcement of Village ordinances as follows:
(a) The police protection provided pursuant to this Agreement shall be to enforce state laws and Village and County ordinances, where applicable. When an arrest or the issuance of a civil infraction citation may be effected pursuant to either a state statute or a County or Village ordinance, such arrest or issuance shall be made pursuant to Village ordinance, where appropriate.
(b) The Village shall furnish the County and Sheriff with copies of applicable Village ordinances, as well as all amendments thereof when and as they become effective.
(c) Arrests or civil infraction citations effected pursuant to Village ordinances shall be prosecuted by the Village attorney and any costs or fines collected as a consequence of a conviction so prosecuted shall be paid over to the treasurer of the Village as provided by law.

ARTICLE II
LIABILITY
Neither party to this Agreement, its officers, employees or agents shall be liable for intentional or negligent acts of the other party or any officer, employee, or agent thereof. Each party shall hold the other party harmless from damages, including the actual costs and fees incurred due to litigation, resulting from a party’s own intentional or negligent acts or those of any officer, employee or agent of that party.
The Village shall not be liable for compensation or indemnity to any County or Sheriff Department employee for injury or sickness arising out of his or her employment while performing services under this Agreement, and the County hereby agrees to hold the Village harmless against any such claims.
The Village agrees to hold the County and its Sheriff harmless against any claim or liability specifically arising out of the otherwise lawful enforcement of a Village ordinance held to be unconstitutional.

ARTICLE III
TERM
Unless terminated as herein provided, this Agreement will be effective from the date executed by both parties and will continue in effect for a term of one year after that date, and thereafter for consecutive one-year periods, unless terminated at the end of any such term pursuant to a notice given by either party to the other party at least ninety (90) days prior to the end of that term, or at such other time as may be mutually agreed.
Notwithstanding any other provisions herein, in the event the Village establishes its own police force, or establishes police force jointly with any other municipal entity, or otherwise secures additional police protection services, the Village may terminate this Agreement upon written notice to the county not less than sixty (60) days prior to the effective date of such termination.

ARTICLE IV
NON-DISCRIMINATION
The parties agree that neither will discriminate against an employee or applicant for employment of either party with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, because of a handicap that is unrelated to the individuals ability to perform the duties of a particular job or position or because of race, color, religion, national origin, age, sex, height, weight or marital status.

ARTICLE V
GENERAL PROVISIONS
5-1 This Agreement represents the total agreement between the parties and may be amended only in writing by mutual consent of both parties.
5-2 Any notices or communications shall be sent by first-class mail to the following parties and addresses:

For Village:Village President 
Bear Lake Village Hall 
P O Box 175 
Bear Lake, MI 49614
For County: Manistee County Sheriff 
1525 E Parkdale Ave. 
Manistee MI 49660
With Copy to: Manistee County Prosecuting Attorney 
415 Third St
 Manistee, MI 49660
The waiver by either party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision of the Agreement by either party.

IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it be effective on the day and year stated in the commencement.

BEAR LAKE VILLAGE 
By: Glen Moore
 Village of Bear Lake President
By: Dale Kowalkowski
 Manistee County Sheriff
By: Sharlene Wild
 Manistee County Commissioner

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