Hosting an Event at a County Park Without a Reservation

My question involves criminal law for the state of: Michigan

I was issued a citation today for hosting an event in a county park in Michigan pertaining to disc golf. When i spoke with the parks coordinator 3 years ago I was told if items are to be sold on park premise they want X dollars per player. I host whats called an ace race where players pre register weeks in advance and buy there product from their computers. We then meet at the disc golf course which is free of charge (no park entry) and I deliver everyones merchandise they bought to them as the organizer, and then we play a social event with those products. All I am doing is using the course for what it is, a disc golf course thats free to do any day of the week. TOday I was threatened to be arrested at the park and issues a "Park Rule Violation" ticket with no information pertaining to what rule I violated. I sold 0 dollars worth of goods on their property and was removed with all of my players. All i did was hand out the players items. Am I in violation of some unknown county parks rule?????

What if we all met outside the park and then drove in and played our disc golf round??? How would they say something then, how can they say something now without some kind of proof of me selling discs there?

Looking to gauge some info before I represent myself in court within the next few weeks.

Thank you

What county or city?

What county or city code number is on your citation?

Genesee County Parks and Recreation - GOldenrod Disc golf course

And just to clarify as I was told, if merchandise is being sold, raffles, discs, anything that profits was prohibited without insurance and a fee per player attending. In this case the players buy whats called a ace race pack online prior to the event and then play with that merchandise. we are testing the newest discs released from manufacturer. So there are no profits being made nor anything physically being sold at the course or on any county property on my behalf, simply im picking up the order and delivering and giving people there orders.

Well, you didn't give me the ordinance number from your citation and I was not able to find a set of ordinances for Genesee County.

Before your court date I suggest you visit whatever purports to be a county code enforcement and get a print out of the ordinance that you allegedly violated.

Because it's going to be the EXACT WORDING of the ordinance that will make the difference. Caution: Not what anybody "tells" you it says, you have to read the exact wording.

I was able to find other park ordinances from around Michigan. In some, your delivery of items previously purchased would be a violation. In others, it wouldn't be.

Examples:

Grand Rapids Section 3.11 Permits Required

http://grcity.us/parks/Documents/783...Ordinances.pdf

Montcalm Section XIV Peddling and Soliciting

http://www.montcalm.us/document_cent...0Ordinance.pdf

Chesterfield Section 50-11 Commercial Activities

https://www.chesterfieldtwp.org/Serv...sOrdinance.pdf

Mt Pleasant Section 97.20(A)

http://www.mt-pleasant.org/docs/dept...sOrdinance.pdf

I'm not going to render an opinion on any of those because they are posted just to illustrate the differences in wording.

If you can find your ordinance and post the wording we can discuss it further.

I checked, there is none of that information on the ticket, it simply has my information and park rule violation for the citation info and. Ticket number. Am I missing something

Quote:

---

Quoting Tmacular

---

I checked, there is none of that information on the ticket, it simply has my information and park rule violation for the citation info and. Ticket number. Am I missing something

---

You're choosing not to share that information. Nobody can look up that violation unless and until you respond to their requests that you share that information.

Ok so after some digging and calling I found the violation. XXXI under the genesee county parks and recreation website. It's stated as fees nd charges. I've called to find out the fine amount and no one can answer my question. You can also view the rules I supposedly violated by searching the special events application at the same website for parks

I wasn't choosing not to share anything, my ticket states 2 things, fees and charges as the citation and park rule violation at the bottom. Took 5 phone calls and 4 officers to actually find the code for me.

Assuming you have checked the special event page: I did no public advertising on there property, sold no goods physically at the course, nd the entry fee for this event is used to acquire the discs and shirts. In not charging a fee to play. The manufacturer is charging me x amount for the player items. And again the park is free to play nd hang out in.

I'd like to add that before I even got a chance to get out of my truck and get settled I was called over and ticketed. I had actually at thst point done nothing but drive into a public park and park my vehicle. Seems odd to me, how can you issue a citation for insinuating someone is going to commit a crime without the crime being committed yet?

As we have no access to your citation, we must depend upon you to provide information from the citation. Keep in mind, in the absence of needed information, all we can do is tell you to speak to a lawyer. If the citation fails to adequately identify the charge against you, you can raise that among your other defenses to the charge.

You mention:

Quote:

---

Quoting Section XXXI – Fees and Charges

---

It shall be unlawful for any person to use any facility, land or area for which a fee or charge has been established by the Commission without payment of such fee or charge.

---

But the operative language appears to be:

Quote:

---

Quoting Section II – Permits

---

(a) Application for a permit for reserved park space or facilities shall be made upon forms to be furnished by the Commission.

(b) Each application shall be accompanied by such fee as shall be required by Commission and shall be received by the Commission at least ten (10) days prior to authorized date of use.

(c) Application shall be made in advance of the time of the reservation requested as posted.

(d) In the event more applications for reserved space or facilities are received than space available, such applications shall be considered in the chronological ordered received.

(e) Nothing contained herein shall operate to exempt the users of reserved space or facilities from full compliance with all rules of the Commission relating to use of and conduct on Commission property.

---

As you were holding scheduled events at which you distributed your merchandise; and possibly,

Quote:

---

Quoting Section XVI – Peddling and Soliciting

---

It shall be unlawful for any person to peddle or solicit business of any nature whatsoever, or to distribute handbills, or other advertising matter, to post unauthorized signs on any lands , waters, structures, or property administered by or under the control of the Commission, or to use such lands, waters, structures or property unless first authorized in writing by the Commission or its Agent.

---

In terms of fines, keeping in mind that there are additional court costs and assessments in association with any conviction,

Quote:

---

Quoting Section XXXIV – Fines

---

Any provision of the foregoing rules which describes an act or omission which constitutes a civil infraction under the terms of the Michigan Vehicle Code, being Public Act 300, of 1949 as amended, shall be processed as a civil infraction and any person found to have committed a civil infraction may be ordered to pay a civil fine of no more than $100.00 and costs in accordance with Section 907 of the Michigan Vehicle Code.

Violation of any other provisions of the foregoing rules not constituting a civil infraction, as herein provided, shall be punishable by a fine of not more than $100.00 or imprisonment for not more than 90 days, or by both such fine or imprisonment.

---

Your ticket should indicate if it is for a civil infraction or for a misdemeanor (criminal) offense. I suspect that this is an infraction, as the information from a criminal prosecution should be significantly more detailed than what you are describing, but that's not something I can speak to without seeing the ticket.

Thank you for your detailed response. I have read your responses and also contacted a lawyer as I was told today it's now a misdemeanor and not a citation even tho the ticket is checked citation. My lawyer thinks we have a good chance at beating it and or min fines. I actually have a record from 15 years ago so being a misdemeanor that actually creates problems for me.

Because of the way i was ticketed nd what the ticket says, is there anything I could use going forward to counter this. How can they up it without a statute to charge me under and a fine.

Thanks again for everything, the lawyer is a friend so luckily I have that. Just wouldn't mind a second opinion from others