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State of
DEPARTMENT
OF NATURAL RESOURCES Lansing |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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State of
DEPARTMENT
OF NATURAL RESOURCES Lansing |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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BILL NUMBER: |
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TOPIC: |
Prohibit
jumping, diving, or swimming off any pier in the Great Lakes |
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SPONSOR: |
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CO-SPONSORS: |
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COMMITTEE: |
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Analysis
Done: |
POSITION
The Department of
Natural Resources (DNR) supports the idea of controlling the dangerous behavior
described in this bill. However,
declaring these activities as civil infractions will be very difficult to
acually enforce. Therefore, the
Department opposes this bill as introduced.
PROBLEM/BACKGROUND
There are a number of
structures such as piers, jettys and breakwalls installed along the Great Lakes
shoreline. While these structures
provide for various beneficial uses, they are also attractive to individuals,
particularly young people, as platforms from which they dive, jump or swim. This kind of activity is hazardous and can
lead to injuries and death. This bill
attempts to discourage this kind of activity by making these acts civil
infractions.
DESCRIPTION OF BILL
This bill amends section 80105 and adds section 80155a
of PA 451 of 1994, which prohibits jumping, diving or swimming from a pier,
jetty, break wall, buoy, navigational device or similar structure in the Great
Lakes and connecting waters. The new
section also exempts rescue personnel in the performance of their duties and
sets forth penalties as a civil infraction.
SUMMARY OF ARGUMENTS
Pro
Prohibiting these activities from piers, etc., could
reduce injuries and prevent fatalities.
Con
In practice, this statute would be
extremely difficult to enforce. In many
cases, the actual structures mentioned in the bill are owned by the U.S. Army
Corps of Engineers and administered by the United States Coast Guard. At Holland State Park and Grand Haven State
Park, where much of this kind of activity takes place, state park officers have
no jurisdiction on those structures.
Enforcement would fall to conservation officers or other law enforcement
agencies with authority on those structures.
Many of the individuals who would
likely violate this statute are minors.
This adds yet another burden on law enforcement officers to hold the
individuals while parental contact is sought.
It also makes it an illegal act for
a citizen, other than "authorized public safety personnel," to jump
or dive from a pier to rescue another person.
The definition of a violation in
this bill is vague and subject to interpretation. Staff is unsure just what "swim from a
pier" actually means. Public beaches
maintain buoy systems that define the swim areas. These buoys are very attractive to swimmers
as floating devices and swimmers often will hang onto a buoy to rest. Under this statute, this kind of common
activity is subject to intervention by a law enforcement officer.
As
a civil infraction offense, the actual act of diving or jumping from a pier
would have to be witnessed by a law enforcement officer in order to commence
enforcement of this law by taking action or writing an appearance ticket.
FISCAL/ECONOMIC
IMPACT
Are there revenue or
budgetary implications in the bill to the --
Budgetary:
The impact of this bill would require additional
conservation officer enforcement hours not currently funded.
Revenue:
None
Comments:
None
Budgetary:
This bill would impact State Police who may be called
on to enforce this statute. No funding for this enforcement is included in the
bill.
Revenue:
None
Comments:
None
Comments:
Local law enforcement officers (county and municipal)
will become involved with enforcement of this statute.
OTHER STATE DEPARTMENTS
ANY OTHER PERTINENT INFORMATION
Currently,
the DNR cooperates with the Army Corps of Engineers and the U.S. Coast Guard by
maintaining warning signs on various piers and jetties on the
ADMINISTRATIVE
RULES IMPACT
None
_______________________________
Rebecca A. Humphries
Director
_______________________________
Date
PRD/LED
