(a) Definitions. The following terms shall have the meaning so indicated:
(1) "Farm property" means land used in the production of a farm product and all the lands contained within the farm.
(2) "Hunting" shall mean the pursuit of or taking of animals (including mammals and birds) by firearm, bow and arrow, or other means, whether such activity requires or does not require a license under the applicable law.
(3) "Hunting dog" means a dog allowed to range freely to engage in, or aid in hunting on the day the dog enters the property of another person.
(4) "Recreational activity" means any activity not for profit upon property other than activity where explicit permission has been obtained from the property owner.
(b) Entry Upon Land Prohibited. A person shall not enter or remain upon the property of another person other than farm property or a wooded area connected to farm property to engage in any recreational activity or trapping on that property without the consent of the owner, or his or her lessee, or agent if either of the following circumstances exist:
(1) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.
(2) The property is posted in a conspicuous manner against entry. Minimum letter height on the posting shall be one inch. Each posting sign shall be not less then sixty square inches and the signs shall be spaced to enable a person to observe not less then one sign at any point of entry upon the property.
(3) A person shall not enter or remain upon farm property or wooded areas connected to farm property for any hunting, recreational activity, or trapping without the consent of the owner or his or her lessee or agent whether or not the farm property or wooded area connected to farm property is fenced, enclosed or posted.
(4) On fenced or posted property, or farm property, a fisherman wading or floating a navigable pubic stream, may without written or oral consent enter upon property within the clearly defined banks of the stream or, without damaging farm products, traversing as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including but not limited to, a dam, deep hole, or a fence, or other exercise of ownership by the riparian owner.
(5) A person other than a person possessing a firearm may, unless previously prohibited in writing, or orally by a property owner, or his or her lessee or agent, enter on foot upon the property of another for the sole purpose of retrieving a hunting dog. Such persons shall not remain on the property beyond the reasonable time necessary to retrieve the dog.
(6) Consent to enter or remain upon the property of another may be given orally or in writing. The consent may establish conditions for entering or remaining upon the property. Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner, or his or her lessee or agent, requires all persons entering or remaining on the property to have written consent to presence of a person on the property without written consent is prima facie evidence of unlawful entry.
(c) Discharging Firearm or Bow.
(1) A person shall not discharge a firearm or bow within the right-of-way of a public highway adjoining or abutting any platted property, fenced, enclosed, posted property, farm property, or a wooded area connected to farm property without the consent of the owner of the abutting property, or his or her lessee or agent.
(2) As used in this section "public highway" means a road or highway under the jurisdiction of the State Transportation Department or Board of County Road Commissioners for Macomb County, or their successor public entities.
(d) Removal, Defacing or Destroying Signs or Posts are Prohibited. A person shall not remove, deface, or destroy a sign or poster posted pursuant to this section.
(e) Posting or Enclosing Land without Authority Prohibited. A person shall not post a sign on property owned by another person, or enclose the property of another person to prohibit recreational activity, hunting, or trapping without the written permission of the owner of that property, or his or her lessee, or agent.
(f) Misdemeanor Violation. Any violation under this section shall be deemed a misdemeanor subject to the penalties provided for misdemeanor of prosecutions set forth in this Code of Ordinances. See Section 202.99, or any successor section.
(Ord. 392. Passed 9-27-10.)