DEPARTMENT OF NATURAL RESOURCES

MACKINAC ISLAND STATE PARK COMMISSION

GENERAL RULES

(By authority conferred on the Mackinac Island state park commission by sections

76504, 76901, and 77702 of the natural resources and environmental protection act, 1994

PA 451, MCL 324.76504, 324.76901, and 324.77702)

PART 1. DEFINITIONS

R 318.111 Definitions.

Rule 1. (1) As used in these rules:

(a) "Carrying passengers for hire" means the act of any person transporting

passengers to any point or points on the road or roads for a specified monetary

consideration or the act of accepting gratuities for transporting passengers to any point or

points on the road or roads.

(b) "Commercial operations" means any activity that involves, directly or indirectly,

the buying or selling of goods or services, or the exchange, or attempt or offer to

exchange, goods or services for money or barter, by accepting gratuities or for anything

of value.

(c) "Commission" means the Mackinac Island state park commission.

(d) "Director" means the director of the Mackinac Island state park commission.

(e) "Drays" means any horse-drawn vehicle used for the transportation of property,

goods, or merchandise, either belonging to the owner of the dray or to others, with or

without charge, whether the charge is a single fee or is established by contract.

(f) "Drive yourself carriage" means any horse-drawn vehicle for hire that is rented to

another person or persons without the services of a driver being employed, engaged,

provided, or suggested by the owner or operator of the carriage.

(g) “Electric bicycle” means a device an individual may ride that is equipped with a

seat or saddle for use by the rider, fully operable pedals for human propulsion, and an

electric motor of not greater than 750 watts.

(h) “Firework” means any composition or device, except for a starting pistol, a flare

gun, or a flare, designed for the purpose of producing a visible or audible effect by

combustion, deflagration, or detonation.

(i) "Hotel bus" means a horse-drawn vehicle that is licensed to a specific hotel, and

operates over the roads of the Mackinac Island State Park, and does all of the following:

(i) Carries hotel passengers or their guests for a charge as approved by the

Mackinac Island state park commission.

(ii) Operates on a fixed route or routes as designated by the Mackinac Island state

park commission.

(iii) Makes infrequent deviations from the designated route or routes for the

convenience of hotel guests or their party.

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(j) "Livery carriage" means any horse-drawn vehicle for hire transporting passengers

for scenic drives charging on a time basis, by the hour or fractions or multiples of an

hour, and not at a fixed price per passenger.

(k) “Marquette Park” means that portion of Mackinac Island State Park bounded on

the south by Main Street, on the west by Fort Street, on the east by the leasehold

commonly known as Anne’s Cottage, and on the north by the bluff below Fort Mackinac.

(l) "Motor vehicle" means any device that is self-propelled, or partially self-

propelled, by which a person or property may be transported or drawn, including an

electric bicycle. Motor vehicle does not include personal assistive mobility devices.

(m) “Personal Assistive Mobility Device” means any battery powered mobility

device that is self-balancing, designed to transport only 1 individual at a time, has an

electrical propulsion system with average power of 750 watts or 1 horsepower and a

maximum speed on a paved level surface of not more than 15 miles per hour, and is used

by an individual with a physical impairment that substantially limits the ability of the

individual to walk. Personal assistive mobility device does not include gasoline powered

devices, golf carts, riding lawn mowers, motorized bicycles, motorcycles, motorized

skateboards, or other similar motorized vehicles.

(n) “Rental bicycle” means a bicycle, tricycle, or electric bicycle furnished to a

visitor or resident to use in Mackinac Island State Park for a rental fee, whether that fee

is separately identified or included in other charges, such as room rentals, either explicitly

or implicitly.

(o) "Road" means any thoroughfare, roadway, riding trail, or driving trail that is

situated on lands that are under the jurisdiction of the commission.

(p) "Saddle horse" means a riding horse furnished to a visitor or resident, for less

than 1 week, for use in Mackinac Island State Park at a rental fee, whether that fee is

separately identified or included in other charges, such as room rentals, either explicitly

or implicitly.

(q) "Sight-seeing carriage" means any horse-drawn vehicle that carries passengers

for hire over prescribed routes established by the commission.

(r) “Sky lantern” means an unmanned hot air balloon made of paper or other

lightweight material that is launched into the atmosphere and has a flame inside the

balloon.

(s) "State license identification plate" means a metallic plate issued by the

commission that bears the license type, the year the plate is valid, a unique number, and

any other information as determined by the commission.

(t) "Taxicab" means any horse-drawn vehicle carrying passengers for hire from 1

point on the island to another.

(u) “Unmanned aircraft” means an aircraft remotely operated without the possibility

of direct human intervention from within or on the aircraft, whether used for recreational,

commercial, academic, or governmental purposes.

(v) “Waterborne candle lantern" means an unmanned container that floats on water

and contains a flame.

(2) A term defined in the act has the same meaning when used in these rules.

History: 1979 AC; 2002 AACS; 2014 AACS; 2017 AACS; 2023 MR 11, Eff. June 8, 2023.

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R 318.112 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.113 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.114 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.115 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.116 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.117 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.118 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.119 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.119a Rescinded.

History: 1979 AC; 2002 AACS.

R 318.119b Rescinded.

History: 1979 AC; 1980 AACS.

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R 318.119c Rescinded.

History: 1979 AC; 2002 AACS.

R 318.119d Rescinded.

History: 1979 AC; 2002 AACS.

R 318.120 Rescinded.

History: 1979 AC; 2002 AACS.

PART 2. REGULATIONS

R 318.121 License fee required.

Rule 21. A person shall not operate any horse-drawn vehicle carrying

passengers for hire over any roads until the person has been granted a license by the

commission or its agent in writing and has paid the annual fee as determined by the

commission.

History: 1979 AC; 2002 AACS.

R 318.122 Temporary permits.

Rule 22. (1) A person shall not operate a motor vehicle within the Mackinac

Island state park without a temporary permit. The commission, or its duly authorized

agent, shall issue a temporary permit for the operation of motor vehicles for emergency

or public and private work as the commission shall prescribe and approve. An

application for a temporary permit shall be submitted in writing to the commission or

its duly authorized agent and shall set forth fully the reasons for the request and the

period of the permit. The commission may require property damage and public

liability insurance of any applicant in an amount sufficient, in its judgment, for adequate

protection of persons and property. The director shall keep a written record of all

permits issued, and the commission may revoke any permit at any time, giving notice in

writing to the permit holder, and setting forth the reasons for the revocation. Persons

with disabilities that rely on personal assistive mobility devices are not subject to this

subrule and may operate their devices without permit in all properties under the

jurisdiction of the Mackinac Island State Park Commission.

(2) The state of Michigan or any of its political subdivisions may operate its

emergency and utility vehicles over the Mackinac Island state park roads in the

normal performance of its governmental functions.

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History: 1979 AC; 2002 AACS; 2014 AACS.

R 318.122a Hotel bus license.

Rule 22a. Any hotel operating on Mackinac Island may apply for and be granted

a license to operate a hotel bus after the payment of a fee if the commission determines

both of the following:

(a) That the application is made by the hotel owner and the bus is to be operated

for the convenience of hotel guests and those accompanying them.

(b) That the location of the hotel is such that it is

transportation for guests to and from the docks.

necessary

to provide

History: 1979 AC; 2002 AACS.

R 318.122b Dray license.

Rule 22b. Any person operating a dray within the Mackinac Island state park shall

have a license issued by the commission. The commission may establish the rate for dray

services.

History: 1979 AC; 2002 AACS.

R 318.123 Applications for licenses.

Rule 23. An application for a license to operate a horse-drawn vehicle for hire or

saddle horse for hire shall be made to the commission in writing.

History: 1979 AC; 2002 AACS.

R 318.124 Identification plates.

Rule 24. A person shall not operate a horse-drawn vehicle for hire unless the

person's carriage or carriages are equipped with

a

"state license identification

plate" which shall be furnished by the commission and which shall continue to be the

property of the state of Michigan.

History: 1979 AC; 2002 AACS.

R 318.125 Routes; solicitation; services.

Rule 25. Before the beginning of each summer season, the commission shall

prescribe the routes, the manner and place of passenger solicitation, and types

of services to be offered by each vehicle classification.

History: 1979 AC.

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R 318.126 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.127 Violation of rules.

Rule 27. Any person violating any of these rules or other conditions of a license

may have his or her license revoked or suspended.

History: 1979 AC; 2002 AACS.

R 318.128 Fares and charges.

Rule 28. Before the beginning of each summer season, the commission shall,

by resolution, prescribe the maximum fares of any kind and maximum authorized fees

to be charged by operators of any and all licensed vehicles.

History: 1979 AC.

R 318.129 Nontransferability of state license.

Rule 29. The "state license identification plate" issued by the commission

shall be securely and conspicuously attached to each vehicle without visible

obstruction and shall not be transferred to any other vehicle, except with consent of

the commission or its authorized agent.

History: 1979 AC; 2002 AACS.

R 318.130 Inspection of vehicles and horses.

Rule 30. Each vehicle licensed and the horses used to draw the vehicle shall be

subject to inspection by the commission or its authorized agent at any time within the

discretion of the commission. Inspection shall be made for the purpose of assuring

safely constructed vehicles and properly conditioned horses. The commission shall

prohibit the use of any vehicle which, in its judgment, is unsafe and any horses which,

in its judgment or the judgment of its duly authorized agent, are not properly safe

and conditioned for the work for which the horses are being used.

History: 1979 AC.

R 318.131 Operators.

Rule 31. No person shall be permitted to operate any horse-drawn vehicle carrying

passengers for hire who, in the judgment of the commission or its duly authorized

agent, is not competent to handle horses humanely and safely, or whose personal

conduct is such as to endanger public safety or persons and/or property.

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History: 1979 AC.

R 318.132 Public liability and property damage insurance.

Rule 32. The commission shall require every carriage and/or its owner to carry

public liability insurance against loss of life or injury or property damage in an

amount to be determined by the commission at the commencement of each summer

season. The summer season shall be defined as the months of May, June, July, August,

September, and October. Any person engaged in either sight-seeing service or

taxicab service during the months of November, December, January, February,

March and April shall carry similar liability insurance on the carriages that are being

operated during that period.

History: 1979 AC.

R 318.133 Conduct of licensee's employees.

Rule 33. Any person licensed to operate vehicles under these rules is

responsible for the conduct of the person's employees.

History: 1979 AC; 2002 AACS.

R 318.134 Agreements with licensees.

Rule 34. The commission shall annually enter into ageements with licensees

for the purpose of prescribing conditions of operation.

History: 1979 AC; 2002 AACS.

R 318.135 Rescinded.

History: 1979 AC; 2002 AACS.

R 318.136 Number of carriage licenses.

Rule 36. On or before June 1 of each year, the commission shall

issue the

number of licenses for horse-drawn vehicles carrying passengers for hire that in its

judgment will adequately serve the public, but not more than the following maximum

numbers:

(a) Sight-seeing carriages………...... 55 licenses.

(b) Taxicabs....................... 17 licenses.

(c) Drive-yourself carriages....... 18 licenses.

(d) Livery carriages............... 21 licenses.

History: 1979 AC; 1981 AACS; 1982 AACS; 2002 AACS.

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R 318.141 Scope; "proper permission" defined.

Rule 41. (1) These rules govern the use of and occupancy of the Mackinac

Island state park, the Historic Mill Creek state park, and the Michilimackinac

state park.

(2) "Proper permission," as used in R 318.142 to R 318.145, means a written

permit or license authorized by the commission and issued by its director or

authorized representative.

History: 1979 AC; 2002 AACS.

R 318.142 Signs, fences, improvements, and posted lands.

Rule 42. (1) It is unlawful to do any of the following on

without proper permission:

state-owned lands

(a) Post, place, or erect signs.

(b) Place or distribute advertising material.

(c) Erect a fence or barrier.

(d) Contruct or occupy improvements.

(e) Enclosed state-owned lands.

(2) It is unlawful to move, remove, destroy, mutiliate,

or

deface posters,

notices, signs, or markers of the commission or of any other agency of government.

(3) It is unlawful to enter, use, or occupy park lands for any purpose when they

are posted against such entry, use, or occupancy, as ordered by the commission.

History: 1979 AC; 2002 AACS.

R 318.143 Camping and hunting.

Rule 43. (1) A person shall not camp within the Mackinac Island state park,

Historic Mill Creek state park, or Michilimackinac state park.

(2) A person shall not hunt in Mackinac Island state park or Michilimackinac

state park.

History: 1979 AC; 2002 AACS; 2014 AACS.

R 318.144 Refuse and fires.

Rule 44. (1) A person shall not use park lands or facilities as a place to keep or

dispose of refuse, rubbish, trash, garbage, or other litter. This does not apply to refuse

or garbage resulting from legal uses of park lands, which shall be placed in proper

receptacles.

(2) A person shall not build fires except in designated places or in stoves or

grills as approved by an authorized representative of the commission.

History: 1979 AC; 2002 AACS.

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R 318.145 Vehicles, personal assistive mobility devices, electric bicycles, and

animals.

Rule 45. (1) Though some of the roads within Mackinac Island State Park may

be capable of supporting a motor vehicle, none of the roads are designed for motor

vehicular travel. A person shall not operate a motor vehicle anywhere within Mackinac

Island State Park without proper permission. On other land under the jurisdiction of the

commission, a person shall not operate a motor vehicle without proper permission, except

in an area or on a road clearly designated for the parking or operation of motor vehicles.

(2) An individual with a physical impairment that substantially limits the ability of

the individual to walk that relies on a personal assistive mobility device may operate the

device without a permit on all properties under the jurisdiction of the commission,

provided that the individual does not carry any passengers. Carrying passengers on a

personal assistive mobility device is prohibited.

(3) An individual shall not operate an electric bicycle within Mackinac Island State

Park.

(4) Notwithstanding subrule (3) of this rule, an individual with a physical impairment

that substantially limits the ability of the individual to pedal a bicycle may use an electric

bicycle within Mackinac Island State Park only if the electric bicycle has a

manufacturer’s label confirming that it is a class 1 electric bicycle. An electric bicycle is

a class 1 electric bicycle if it is equipped with an electric motor that provides assistance

only when the rider is pedaling and that disengages or ceases to function when the

electric bicycle reaches a speed of 20 miles per hour.

(5) An individual shall not ride or lead a horse, other riding animal, or pack animal

on, or allow the animal or any animal-drawn vehicle to use or travel on, any areas

determined unsafe for such use by order of the commission and posted against such use.

(6) An individual shall not possess a dog on land under the jurisdiction of the

commission unless it is under the individual's immediate control or have a dog within

any area used as a bathing beach. A dog that is found not in the possession of or under

the immediate control of its owner or the owner's agent, or any dog found creating a

nuisance or disturbance, may be removed or placed under restraint.

History: 1979 AC; 2002 AACS; 2014 AACS; 2023 MR 11, Eff. June 8, 2023.

R 318.145a Rescinded.

History: 1979 AC; 1980 AACS.

R 318.145b Saddle horse licenses.

Rule 45b. (1) The commission, upon receipt of proper application, may issue

annual licenses for a number of saddle horses for use in Mackinac Island state park as

the commission determines are needed in the interest of public safety and proper service

to the public.

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(2) Licenses are nontransferable and shall be surrendered

to

the issuing

authority upon demand if any transfer is attempted or if ownership of the licensed

business or its location is changed or altered in any way.

(3) The commission shall establish the license fees, terms, and conditions,

including the maximum rates per hour charged, under which saddle horses may be

supplied for use in the state park.

History: 1979 AC; 2002 AACS.

R 318.145c Rental bicycle licenses.

Rule 45c. (1) The commission, after receipt of a completed application, may issue

annual licenses for a number of rental bicycles for use in Mackinac Island State Park, as

the commission determines are needed in the interest of public safety and proper service

to the public.

(2) An applicant may request on the application to rent electric bicycles to

customers, but the request must be accompanied by a certification that the applicant will

rent only class 1 electric bicycles to an individual with a physical impairment that

substantially limits the ability of the individual to pedal a bicycle.

(3) Licenses are nontransferable and must be surrendered to the issuing authority on

demand if any transfer is attempted or if ownership of the licensed business or its location

is changed or altered in any way.

(4) The commission shall establish the license fees, terms, and conditions under

which rental bicycles may be supplied for use in the state park. Licenses are subject to

revocation if their terms or conditions are violated.

History: 2017 AACS; 2023 MR 11, Eff. June 8, 2023.

R 318.146 Miscellaneous unlawful acts.

Rule 46. On lands under the jurisdiction of the commission, it is unlawful for a

person to do any of the following:

(a) Use the lands for commercial operations without proper permission. In

considering whether to grant permission, the commission shall consider all of the

following factors:

(i) The interference with the safety, health, and welfare of the public.

(ii) The need for the service.

(iii) Whether the service is a duplication of available services.

(b) Use a loudspeaker or public address system without proper permission. The

commission shall not grant permission if the system is capable of interfering with horse-

drawn traffic by having the effect of frightening horses, and endangering the safety of

passengers in the vehicles, pedestrians, bicycle riders, and others.

(c) Store or leave a boat, fish shanty, camping equipment, or other property without

proper permission.

(d) Enter buildings or areas that has an established admission fee without payment

of the fee, or without permission given by the commission, a commissioner, the director,

or deputy director under order of the commission. Permission normally is given only to a

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person on business with the commission, any member of the commission, or any duly

authorized staff member.

(e) For any lessee, licensee, or concessionaire to use, construct, or occupy any

building within the park that is not furnished with an approved dry chemical fire

extinguisher.

(f) For any lessee, licensee, or concessionaire to exercise his or her privileges within

the park without procuring and keeping in effect public liability and property damage

insurance, as the commission may determine as adequate.

(g) For a person to furnish a saddle horse to an individual for use in the Mackinac

Island State Park, unless a current license has been issued by the commission for the use

of the saddle horse in the park.

(h) Engage in any violent, abusive, loud, boisterous, wanton, obscene, or otherwise

disorderly conduct creating a breach of the peace; loiter, sit, or lie on walks, passages,

steps, or porches thereby obstructing the free passage of others; or remove, damage, or

steal the property of another.

(i) Hold or participate in any type of road race or speed contest without proper

permission.

(j) Conduct excavations, diggings, or surveys without proper permission.

(k) Carry or possess a metal detector without proper permission.

(l) Remove any archeological materials or artifacts without proper permission.

(m) Possess or consume alcoholic beverages in Marquette Park between the hours of

10:00 p.m. and 8:00 a.m.

(n) Launch or use a sky lantern or waterborne candle lantern.

(o) Use or operate an unmanned aircraft without proper written permission.

(p) Use or sell fireworks.

(q) Do any of the following without proper permission:

(i) Carry or possess a firearm unless unloaded in both barrel and magazine. An

individual with a valid Michigan concealed pistol license is not subject to this rule.

(ii) Shoot an air rifle, air pistol, paintball-emitting device of any kind, or slingshot.

(iii) Shoot a bow and arrow or crossbow.

History: 1979 AC; 1988 AACS; 2002 AACS; 2014 AACS; 2017 AACS; 2023 MR 11, Eff. June 8,

2023.

R 318.147 Rescinded.

History: 1979 AC; 2002 AACS.

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