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ARTICLE
I. IN GENERAL
Sec.
20-1. General offenses.
It shall be unlawful for any person to commit any act or omission that
is cognizable by state law classification to be a misdemeanor, and which
is punishable by a fine, penalty, forfeiture or imprisonment, insofar
as such laws are applicable to municipal government.
(Ord. No. 138, § XXIV, ¶ 1, 12-17-1974; Code 1992, §
10-2)
Sec.
20-2. Attempts.
Every person who shall attempt to commit any offense prohibited by this
Code, and in such attempt shall do any act toward the commission of
such an offense, but shall fail in the perpetration thereof, or shall
be prevented or intercepted in the execution of such offense, upon conviction
thereof, shall be guilty of a misdemeanor.
(Ord. No. 138, § VI, ¶ 2, 12-17-1974; Code 1992, § 10-3)
State law references: Similar provisions, MCL 750.92.
Sec.
20-3. Abolition of distinction between accessory and principal.
Every person concerned in the commission of an offense under this Code,
whether such person directly commits the act constituting the offense
or procures, counsels, aids or abets in the commission of such act,
may be prosecuted, indicted, tried and, upon conviction, shall be punished
as if he had directly committed such offense.
(Ord. No. 138, § II, 12-17-1974; Code 1992, § 10-4)
State law references: Similar provisions, MCL 767.39.
Secs. 20-4--20-30. Reserved.
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ARTICLE
II. OFFENSES AGAINST PUBLIC ADMINISTRATION
Sec.
20-31. False alarm of fire.
It shall be unlawful for any person to knowingly and willfully commit
any one or more of the following actions:
(1) Raise a false alarm of fire at any gathering
or in any public place;
(2) Ring any bell or operate any mechanical or electrical
apparatus, or combination thereof, for the purpose of creating a false
alarm of fire;
(3) Raise a false alarm of fire orally, by telephone
or in person.
(Ord. No. 138, § XVIII, ¶ 1, 12-17-1974; Code 1992, §
10-26)
State law references: Similar provisions, MCL 750.240.
Sec.
20-32. False request for ambulance or mobile emergency care service
call.
It shall be unlawful for any person, with the intent not to use the
assistance, to knowingly cause or make a request for the assistance
of an ambulance service or an advanced mobile emergency care service.
(Ord. No. 138, § XVIII, ¶ 1, 12-17-1974; Code 1992, §
10-26)
State law references: Similar provisions, MCL 750.411d.
Sec.
20-33. False crime report; false request for police assistance.
It shall be unlawful for any person to make or file with the department
of public safety any false, misleading or unfounded statement or report
concerning the commission, or alleged commission, of any crime occurring
within the village or to make any false request for police assistance.
(Ord. No. 138, § XIX, ¶ 1, 12-17-1974; Code 1992, § 10-27)
State law references: False report on crime, MCL 750.411a.
Sec.
20-34. False representation.
It shall be unlawful for any person to:
(1) Falsely represent himself to be a public safety
officer;
(2) Attempt to impersonate any such officer; or
(3) Perform any official act on behalf of any such
officer, without authority.
(Ord. No. 138, § XXI, ¶ 1, 12-17-1974; Code 1992, § 10-28)
State law references: False personation, MCL 750.215 et seq.
Sec.
20-35. Interference with a public safety officer.
It shall be unlawful for any person to resist, hinder or interfere with
any public safety officer, volunteer firefighter or any person duly
empowered with police authority while such officer is discharging, or
attempting to discharge, such officer's official duties or to willfully
disobey any reasonable rule, regulation or order as may be set forth
by such officer in the discharge of such officer's duties.
(Ord. No. 138, § XXVI, ¶ 1, 12-17-1974; Code 1992, §
10-29)
State law references: Obstruction of police officers, MCL 750.479.
Sec.
20-36. Escape from custody.
It shall be unlawful for any person who is lawfully confined and/or
imprisoned in the village lockup or other place of confinement established
by law, or who is in lawful custody awaiting examination, trial, arraignment
or sentencing, or, after sentencing, is awaiting transfer to prison
or is charged with any crime or offense, to escape, or attempt to escape,
from custody or leave the jail or place of confinement without being
discharged from such jail or place of confinement by due process of
law.
(Ord. No. 138, § XV, ¶ 1, 12-17-1974; Code 1992, § 10-30)
State law references: Escapes, rescues, jail and prison breaking, MCL
750.183 et seq.
Sec.
20-37. Aiding in escape.
(a) It shall be unlawful for any person to aid or
assist, by any means whatsoever, any prisoner who is lawfully committed
to any jail or place of confinement in the village, in any civil or
criminal case, to escape from such jail or place of confinement, whether
or not such escape is effected.
(b) It shall be unlawful for any person to aid or
assist any prisoner in escaping, or attempting to escape, from the custody
of any public safety officer who shall have lawful charge of such prisoner.
(Ord. No. 138, § II, ¶ 2, 12-17-1974; Code 1992, § 10-31)
State law references: Aiding escape of and rescuing prisoners, MCL 750.183
et seq.
Secs. 20-38--20-70. Reserved.
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ARTICLE
III. OFFENSES AGAINST THE PERSON
Sec.
20-71. Assault.
It shall be unlawful for any person to attempt, threaten or to beat,
strike, wound or inflict violence upon another person, except in defense
of his person or property, and then only to the extent necessary to
provide such defense.
(Ord. No. 138, § V, ¶ 1, 12-17-1974; Code 1992, § 10-46)
State law references: Assaults, MCL 750.81 et seq.
Sec.
20-72. Battery.
(a) Definitions.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Battery means to knowingly or intentionally, without legal justification
and by any means, cause bodily harm to an individual or to make physical
contact of an insulting or provocative nature with another individual
person.
(b) Unlawful
act. It shall be unlawful for any person to commit battery upon another
person.
(Ord. No. 138, §§ I, VII, ¶ 1, 12-17-1974; Code 1992,
§ 10-47)
State law references: Assault and battery, MCL 750.81.
Sec.
20-73. Domestic assault and/or battery.
(a) Definitions.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Domestic assault and/or battery means the act of committing assault
or battery or assault and battery, as set forth in sections 20-71
and 20-72, upon a person's spouse or former spouse, an individual
with whom the person has or has had a dating relationship, an individual
with whom the person has a child in common, or a resident or former
resident of a person's household. For purposes of this section, the
term "dating relationship" means a frequent, intimate association,
primarily characterized by the expectation of affectional involvement,
and does not include a casual relationship or an ordinary fraternization
between two individuals in a business or social context.
(b) Unlawful
act. It shall be unlawful to commit domestic assault and/or battery.
(c) Construction.
This section shall not be construed to prohibit a parent or guardian
or other person permitted by law or authorized by the parent or guardian
from taking steps to reasonably discipline a child, including the
use of reasonable force, in accordance with MCL 750.136b(7).
(d) Refusal
to issue arrest warrant or dismiss complaint. A judge or other magistrate
shall not refuse to issue an arrest warrant or dismiss a complaint
under this section on the ground that the complaint is signed upon
information and belief by an individual other than the victim of the
alleged act of domestic assault and/or battery.
(e) Release
on interim bond or on own recognizance. A person arrested, with or
without a warrant, and charged with a violation of this section shall
not be released on an interim bond under the provisions of MCL 780.581
or on his own recognizance under the provisions of MCL 780.583a, but
shall be held until he can be brought before a judge or magistrate
for arraignment as required under MCL 780.581 or MCL 780.582, or have
an interim bond set by a judge or magistrate under MCL 780.582a.
(f) Consideration
of deferral of proceedings and probation. Upon a plea of guilty by,
or a conviction of, a person for violating this section, the court
may consider the options of deferral of proceedings and probation
as and to the extent permitted by MCL 769.4a and pursuant to the provisions
of such section.
(Ord. No. 219, § I, 5-28-2002)
State law references: Similar provisions, MCL 764.15a.
Sec.
20-74. Jostling or crowding.
It shall be unlawful for any person to jostle or roughly crowd any person
in any public street, alley, park, public building or any building frequented
by the public.
(Ord. No. 138, § VII, ¶ 2, 12-17-1974; Code 1992, § 10-48)
State law references: Such persons defined as disorderly persons, MCL
750.167(1)(l).
Sec.
20-75. Harassing communications.
It shall be unlawful for any person to maliciously use any service provided
by a communications common carrier with the intent to terrorize, frighten,
intimidate, threaten, harass, molest or annoy any other person, or to
disturb the peace and quiet of any other person by any of the following:
- Threatening
physical harm or damage to any person or property in the course of
a telephone conversation.
- Falsely
and deliberately reporting by telephone or telegraph message that
any person has been injured, has suddenly taken ill, has suffered
death or has been the victim of a crime or an accident.
- Deliberately
refusing or failing to disengage a connection between a telephone
and another telephone, or between a telephone and other equipment
provided for the transmission of messages by telephone, thereby interfering
with any communications service.
- Using
any vulgar, indecent, obscene or offensive language or suggesting
any lewd or lascivious act in the course of a telephone conversation.
- Repeatedly
initiating a telephone call and, without speaking, deliberately hanging
up or breaking the telephone connection as, or after, the telephone
call is answered.
- Making
an unsolicited commercial telephone call which is received between
the hours of 9:00 p.m. and 9:00 a.m. For the purpose of this subsection,
the term "unsolicited commercial telephone call" means a
call made by a person or recording device, on behalf of a person,
corporation or other entity, soliciting business or contributions.
- Deliberately
calling a telephone of another person in a repetitive manner which
causes interruption in telephone service or prevents the person from
utilizing his telephone service.
(Ord. No. 138, § XXXV, ¶ 1, 12-17-1974; Code 1992, §
10-49)
State law references: Similar provisions, MCL 750.540e.
Sec.
20-76. Window peeping.
No person shall be found looking into the windows or doors of any house,
apartment or other residence in the village in such a manner as would
be likely to interfere with the occupant's reasonable expectation of
privacy and without the occupant's express or implied consent.
(Ord. No. 138, § XXXIX, ¶ 1, 12-17-1974; Code 1992, §
10-50)
State law references: Such person deemed a disorderly person, MCL 750.167(1)(c).
Secs. 20-77--20-110. Reserved.
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ARTICLE
IV. OFFENSES AGAINST PROPERTY
DIVISION
1. GENERALLY
Sec.
20-111. Destruction of public property.
(a) It
shall be unlawful for any person to willfully destroy, damage or in
any manner deface any property not his own, including, but not limited
to, any public school building, other public building, bridge, fire
hydrant, streetlight, street sign, sidewalk, tree, plant or other
public property belonging to, or located in, the public places of
the village.
(b) It shall be unlawful for any person to:
(1)
Mark or post handbills on or, in any manner, to mar the walls of
any public building, fence, tree or pole within the village;
(2) Erect signs or affix messages upon any public property,
including, but not limited to, traffic islands or public rights-of-way;
(3) Destroy, take or meddle with any property belonging to
the village or any other governmental entity or to remove such property
from a building or place where it is kept, stored or placed, without
proper authority.
(c) It
shall be unlawful for any person to disturb, tamper with, disconnect
or damage any village water meter, without proper authority.
(Ord. No. 138, § XIII, 12-17-1974; Code 1992, § 10-66; Ord.
No. 194, § I, 8-15-1995)
State law references: Malicious mischief, MCL 750.377a.
Secs. 20-112--20-130. Reserved.
DIVISION
2. TRESPASS*
*State law references: Trespass, MCL 750.546 et seq.
Sec.
20-131. Prowling.
It shall be unlawful for any person to prowl about upon public property
or the premises of another person without authority or the permission
of the owner of such premises.
(Ord. No. 138, § XXXIII, ¶ 1, 12-17-1974; Code 1992, §
10-81)
Sec.
20-132. Being on private property without permission.
(a) It shall be unlawful for any person to willfully enter upon the
lands or premises of another without lawful authority, after having
been forbidden to do so orally, by a sign posted on the premises or
by other writing, by the owner or occupant, or the agent or servant
of the owner or occupant.
(b) It shall be unlawful for any person being upon the land or
premises without lawful authority, upon being notified to depart from
such land or premises orally or in writing, by the owner or occupant,
or the agent or servant of the owner or occupant, to neglect or refuse
to depart from such land or premises.
(Ord. No. 138, § XXXIII, ¶ 2, 12-17-1974; Code 1992, §
10-82)
State law references: Similar provisions, MCL 750.552.
Sec.
20-133. Being on public property without permission.
(a) It shall be unlawful for any person to willfully enter upon
the lands or premises of the village without lawful authority, after
having been forbidden to do so orally, by a sign posted on the premises
or by other writing, by any public safety officer of the village or
any other person having authority with respect to the presence of
others upon such premises.
(b) It shall be unlawful for any person being upon such lands
or premises without lawful authority, upon being notified to depart
from such lands or premises orally or in writing, by any public safety
officer of the village or any other person having authority with respect
to the presence of others being upon such premises, to neglect or
refuse to depart from such premises.
(Ord. No. 138, § XXXIII, ¶ 3, 12-17-1974; Code 1992, §
10-83)
Sec.
20-134. Transient occupancy without permission.
(a) It shall be unlawful for any person to occupy, lodge or sleep
in any vacant or unoccupied garage, shed, shop, other building or
structure, or in any automobile, truck or other vehicle without owning
such building, structure or vehicle, or without the permission of
the owner or person entitled to the possession of the building, structure
or vehicle.
(b) It shall be unlawful for any person to sleep in any vacant
lot or public place during the hours of darkness.
(Ord. No. 138, § XXXVII, ¶ 1, 12-17-1974; Code 1992, §
10-84)
Sec.
20-135. Recreational use of property without permission; procedure
in cases of violations.
(a) Fishing, picnicking or other recreational activities are
hereby prohibited on public property, except in parks and other public
places set aside for such purposes. Fishing, picnicking, other recreational
activities and other trespassing is prohibited on private property,
except by the owner, lessee, occupant or person having written permission
from the owner, lessee or occupant thereof.
(b) Swimming or bathing is hereby prohibited from public property
on the shore of Lake St. Clair, except in parks and other public places
set aside for such purposes by the village, and from private property
on such shore, except by the owner, lessee, occupant or persons having
written permission from the owner, lessee or occupant thereof.
(c) Any person who has received any notice to appear in answer to
a charge under this section may, for the first and second offense
and within the time specified in the notice, answer at the municipal
ordinance violations bureau to the charges set forth in such notice
by paying a fine in the amount set by the village council from time
to time for each such offense. Such payment may be made in person,
by proxy or by mail. By such payment, such person shall be deemed
to have pleaded guilty to the charge, to have waived a hearing in
court and to have given power of attorney to the person in charge
of the municipal ordinance violations bureau to make such a plea and
pay such fine in court. In each such case, an appropriate receipt
shall be issued showing the payment of the fine.
(Ord. of 8-5-1954, §§ 1, 2, 4; Code 1992, § 10-85)
Secs. 20-136--20-160. Reserved.
DIVISION
3. THEFT*
*State law references: Larceny, MCL 750.356 et seq.
Sec.
20-161. Possession with intent to circulate or sell financial
transaction device.
It shall be unlawful for any person to have in his possession or under
his control, or to receive from another person, a financial transaction
device with the intent to use, deliver, circulate or sell the financial
transaction device, or to permit, cause or procure the financial transaction
device to be used, delivered, circulated or sold, knowing the possession,
control, receipt, use, delivery, circulation or sale thereof to be
without the consent of the device holder.
(Ord. No. 138, § XI, ¶ 1, 12-17-1974; Code 1992, §
10-101)
State law references: Similar provisions, MCL 750.157p.
Sec.
20-162. Checks without sufficient funds.
It shall be unlawful for any person, with intent to defraud, to make,
draw, utter or deliver any check, draft or order for the payment of
money, whether to apply on account or otherwise, upon any bank or
other depository knowing at the time of such making, drawing, uttering
or delivering that the maker or drawer has insufficient funds in credit
with such bank or other depository for the payment of such check,
draft or order, in full, upon its presentation.
(Ord. No. 138, § IX, ¶ 1, 12-17-1974; Code 1992, §
10-102)
State law references: Similar provisions, MCL 750.131.
Sec.
20-163. Larceny.
It shall be unlawful for any person to commit, or attempt to commit,
the offense of larceny by stealing, or attempting to steal, any money,
goods or chattels, any bank note, promissory note, due bill, bill
of exchange or other bill, draft, order, certificate, or any book
of accounts for or concerning money or goods due, to become due or
to be delivered, any deed of writing that contains a conveyance of
land or other valuable contract in force, any receipt, release or
defeasance, any writ process of public record or any other property
of another.
(Ord. No. 138, § XXVII, ¶ 1, 12-17-1974; Code 1992, §
10-103)
State law references: Similar provisions, MCL 750.356.
Sec.
20-164. Taking vehicle without permission.
It shall be unlawful for any person to take possession, use without
authority or permission and without intent to steal, or to assist,
aid or abet another person in the taking of, using without authority
or permission and without intent to steal, any motor vehicle, motorcycle,
motor-driven cycle, motorized vehicle, watercraft or bicycle which
is owned or lawfully controlled by another person.
(Ord. No. 138, § XXVII, ¶ 2, 12-17-1974; Code 1992, §
10-104)
State law references: Similar provisions, MCL 750.414.
Sec.
20-165. Breaking and entering coinboxes.
(a) It shall be unlawful for any person to willfully or maliciously,
by and with the aid and use of any key, instrument, device or explosive,
to blow, or attempt to blow, or force, or attempt to force, an entrance
into any coinbox, depository box, newspaper coinbox or other receptacle
established for the convenience of the public.
(b) It shall be unlawful for any person to extract or obtain,
or attempt to extract or obtain, any money or thing of value deposited
or contained in any coinbox, depository box, newspaper coinbox or
other receptacle established for the convenience of the public.
(Ord. No. 138, § VIII, ¶ 1, 12-17-1974; Code 1992, §
10-105)
State law references: Stealing from telephone or coin device, MCL
750.356b.
Sec.
20-166. Refusal to pay for goods, services, etc.
It shall be unlawful for any person to obtain any food, drink, goods,
wares, merchandise or services under false pretense, or to refuse
to pay for any food, drink, goods, wares, merchandise or services
once they have been obtained.
(Ord. No. 138, § XX, ¶ 1, 12-17-1974; Code 1992, §
10-106)
State law references: Fraudulent procurement of food or lodging, MCL
750.291 et seq.
Sec.
20-167. Fraud.
It shall be unlawful for any person to engage in any fraudulent scheme,
device or trick to obtain money or any other thing of value, or to
aid, abet or in any other manner to be concerned in such fraudulent
scheme, device or trick.
(Ord. No. 138, § XXII, ¶ 1, 12-17-1974; Code 1992, §
10-107)
State law references: Frauds and cheats, MCL 750.271 et seq.
Sec.
20-168. Stolen property.
It shall be unlawful for any person to buy, receive, aid in the concealment
of or be in possession of any stolen, embezzled or converted property,
or of any goods or property, knowing such goods or property to have
been stolen, embezzled or converted.
(Ord. No. 138, § XXXII, ¶ 1, 12-17-1974; Code 1992, §
10-108)
State law references: Stolen, embezzled or converted property, MCL
750.535 et seq.
Secs. 20-169--20-200. Reserved.
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ARTICLE
V. ARTICLE V. OFFENSES AGAINST PUBLIC PEACE
Sec.
20-201. Loitering.
(a) Definitions. The following words, terms and phrases, when used
in this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Loitering means remaining idle in essentially one location, and shall
include the concept of spending time idly; to be dilatory; to linger;
to stay; to saunter; to delay; to stand around and also includes the
colloquial expression "hanging around."
Public place means any place to which the general public has access
and a right of resort for business, entertainment or other lawful purpose,
but does not necessarily mean a place devoted solely to the use of the
public. Such term shall also include the front or immediate area of
any store, shop, restaurant, tavern or other place of business and public
grounds, areas or parks.
(b) Unlawful acts. It shall be unlawful for any person within the
city to loiter, loaf, wander, stand or remain idle, either alone or
in consort with others, in a public place in such manner so as to:
(1) Obstruct
any public street, public highway, public sidewalk or any other public
place or building by hindering or impeding, or tending to hinder or
impede, the free and uninterrupted passage of vehicles, traffic or
pedestrians after having been told by a police officer to move on;
(2) Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing which
is an obstruction or interference to the free and uninterrupted use
of property or with any business lawfully conducted by any person
in or upon or facing or fronting on any such public street, public
highway, public sidewalk or any other public place or building, all
of which prevents the free and uninterrupted ingress, egress and regress
in, on and to such public street, public highway, public sidewalk
or any other public place or building after having been told by a
police officer to move on;
(3) Obstruct the entrance to any business establishment, without
doing so for some lawful purpose, if contrary to the expressed wish
of the owner, lessee, managing agent or person in control or charge
of the building or premises.
(Code 1992, § 10-126)
State law references: Certain loiterers deemed disorderly persons,
MCL 750.167(1)(i--k).
Sec.
20-202. Public disturbances.
It shall be unlawful for any person to engage in any disturbance, fight
or quarrel, or to disturb, tend to disturb or aid in disturbing the
peace of others by violent, tumultuous, offensive or obstreperous conduct.
No person shall knowingly permit or suffer such conduct in any public
place or in any place owned, occupied, tenanted or frequented by him;
nor shall any person insult, accost, molest or otherwise annoy, either
by word of mouth, sign or motion, any person in any public place.
(Ord. No. 138, § XIV, ¶ 1, 12-17-1974; Code 1992, § 10-127)
State law references: Disturbing public places, MCL 750.170.
Sec.
20-203. Unlawful disturbances.
(a) It shall be unlawful for any person to collect with others,
stand in crowds or arrange, encourage or abet the collection of persons
in crowds for illegal purposes.
(b) It shall be unlawful for any person to disquiet or disturb
any public or private meeting, congregation or assembly for religious
worship by making noise, by rude, improper or indecent behavior, by
boisterous or profane discourse within the meeting place or to be so
near as to disturb the order, solemnity or proper conduct of the meeting.
(Ord. No. 138, § XIV, ¶ 2, 12-17-1974; Code 1992, § 10-128)
State law references: Disturbance of religious worship, MCL 750.169,
752.525.
Sec.
20-204. Riots.
(a) Incitement. Every person in the village who shall incite a
riot or who, by sign, gesture, sound, words or otherwise, shall provoke,
or attempt to provoke, any person, crowd or gathering of persons to
commit any disorderly or riotous act, breach of the peace or who shall
cause a gathering of crowds of excited persons on the streets, avenues,
alleys, public grounds or in buildings or places within the village
so as to alarm the inhabitants of the village, or to pose a threat to
the peace and good order of the village, shall be guilty of an offense,
upon conviction thereof.
(b) Refusing to disperse. It shall be unlawful for any person to
fail or refuse to immediately disperse upon an order by a public safety
officer to do so when over two or more persons are assembled for the
purpose of disturbing the peace or committing any unlawful act.
(Ord. No. 138, § XXXIV, ¶¶ 1, 2, 12-17-1974; Code 1992,
§ 10-129)
State law references: Riots and unlawful assemblies, MCL 752.541 et
seq.
Sec.
20-205. Expectorating.
It shall be unlawful for any person to expectorate on any sidewalk,
on the floor or seat of any public carrier or on any floor, wall, seat
or equipment of any place of public assemblage.
(Ord. No. 138, § XVI, ¶ 1, 12-17-1974; Code 1992, § 10-133)
Secs. 20-206--20-240. Reserved.
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ARTICLE
VI. ARTICLE VI. OFFENSES AGAINST PUBLIC MORALS
DIVISION
1. GENERALLY
Sec.
20-241. Gambling.
It shall be unlawful for any person, his agent or employee to, directly
or indirectly, take, receive or accept from any other person any money
or valuable thing with the agreement, understanding or allegation
that any such money or valuable thing will be paid or delivered to
any person where such payment or delivery is alleged to be, or will
be, contingent upon the result of any race, contest, game or the happening
of any event not known by the parties to be certain.
(Ord. No. 138, § XXIII, 12-17-1974; Code 1992, § 10-146)
State law references: Gambling, MCL 750.301 et seq.
Secs. 20-242--20-260. Reserved.
DIVISION
2. INDECENCY AND/OR IMMORALITY
Sec.
20-261. Indecent exposure.
It shall be unlawful for any person to intentionally, by design, openly,
indecently or obscenely expose his person or the person of another
by exhibition of the private parts of the person which instinctive
modesty, human decency or natural self-respect requires shall be kept
covered in the presence of others.
(Ord. No. 138, §§ I, XXV, ¶ 3, 12-17-1974; Code 1992,
§ 10-161)
State law references: Indecent exposure, MCL 750.335a.
Sec.
20-262. Indecent or obscene conduct.
(a) Definitions. The following words, terms and phrases, when
used in this section, shall have the meanings ascribed to them in
this subsection, except where the context clearly indicates a different
meaning:
Indecent or obscene conduct means any act, committed in a public place
or in view of the public, which the common sense of decency entertained
by most people would regard as indecent and improper.
(b) Unlawful acts.
(1) It
shall be unlawful for any person to engage in any indecent or obscene
conduct in a public place, in view of the public or in a place open
and public with relation to the person situated in such place.
(2) It shall be unlawful for any person to urinate or defecate
in any place open to the public, or to be guilty of any lewd, lascivious
or obscene conduct, or to indecently exhibit any animal.
(Ord. No. 138, §§ I, XXV, ¶¶ 1, 4, 12-17-1974;
Code 1992, § 10-162)
State law references: Such person deemed a disorderly person, MCL
750.167(1)(f).
Sec.
20-263. Child solicitation.
It shall be unlawful for any person to accost, entice or solicit a
child under the age of 16 years with the intent to induce or force
the child to commit an immoral act; to submit to sexual intercourse;
to engage in an act of gross indecency, depravity or delinquency;
or to suggest to such child any of such acts.
(Ord. No. 138, § XXV, ¶ 5, 12-17-1974; Code 1992, §
10-163)
State law references: Similar provisions, MCL 750.145a.
Sec.
20-264. Prostitution.
It shall be unlawful for any person to accost, solicit or invite another
in any public place or in or from any building or vehicle, by word,
gesture or any other means, to commit prostitution or to do any other
lewd or immoral act.
(Ord. No. 138, § XXV, ¶ 8, 12-17-1974; Code 1992, §
10-164)
State law references: Prostitution, MCL 750.448 et seq.
Sec.
20-265. Keeping a house of ill fame.
It shall be unlawful for any person to keep, maintain, lease to or
allow another to use any house, room or other premises, in whole or
in part, for use as a house of ill fame, assignation or place for
the practice of fornication, prostitution, lewdness or any other unlawful
purpose.
(Ord. No. 138, § XXV, ¶ 9, 12-17-1974; Code 1992, §
10-165)
State law references: Similar provisions, MCL 750.452.
Sec.
20-266. Patronizing a house of ill fame.
It shall be unlawful for any person to knowingly patronize, frequent,
be found in, or be an inmate of any house of ill fame, assignation
or place for the practice of prostitution or lewdness.
(Ord. No. 138, § XXV, ¶ 10, 12-17-1974; Code 1992, §
10-166)
State law references: Engaging or offering to engage services of female,
MCL 750.449a.
Secs. 20-267--20-290. Reserved.
DIVISION
3. ALCOHOLIC LIQUOR*
*State law references: Michigan liquor control code, MCL 436.1101 et
seq.
Sec.
20-291. Definitions.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Alcoholic liquor means any beverage containing more than one-half
of one percent of alcohol by weight. The percentage of alcohol by
weight shall be determined in accordance with the provisions of Public
Act No. 58 of 1998 (MCL 436.1105).
(Code 1992, § 10-181)
Cross references: Definitions generally, § 1-2.
Sec.
20-292. License required to sell.
It shall be unlawful for any person to sell alcoholic liquor unless
such person shall have first obtained a license from the state to
engage in such sale within the village.
(Ord. No. 138, § XXIX, ¶ 1, 12-17-1974; Code 1992, §
10-182)
State law references: Licenses, MCL 436.1501 et seq.
Sec.
20-293. Public intoxication.
It shall be unlawful for any person to be intoxicated in a public
place who is either directly endangering the safety of another person
or property, or who is acting in a manner that causes a public disturbance.
(Ord. No. 138, § III, ¶ 2, 12-17-1974; Ord. No. 144, §
1, 2-21-1978; Ord. No. 147, § 1, 9-26-1978; Code 1992, §
10-183)
Cross references: Streets, sidewalks and other public places, ch.
30.
State law references: Such person deemed a disorderly person, MCL
750.167(1)(e).
Sec.
20-294. Public consumption.
It shall be unlawful for any person to consume any alcoholic liquor
in or upon the public streets or public rights-of-way, nor shall any
alcoholic liquor be consumed in any motor vehicle parked in a public
place or traveling upon any of the public streets within the village.
(Ord. No. 138, § III, ¶ 8, 12-17-1974; Code 1992, §
10-184)
Cross references: Streets, sidewalks and other public places, ch.
30.
State law references: Authority for this section, MCL 436.1915.
Sec.
20-295. Selling or furnishing to underage persons; posting signs.
(a) Alcoholic liquor shall not be sold or furnished to a person unless
such person has attained the age of 21 years. A person who knowingly
sells or furnishes alcoholic liquor to a person who is less than 21
years of age, or who fails to make a diligent inquiry as to whether
the person is less than 21 years of age, is guilty of a misdemeanor.
(b) A suitable sign which sets forth the provisions of this section
and the penalties for violating this section shall be posted in a
conspicuous place in each room where alcoholic liquor is sold.
(Ord. No. 138, § III, ¶ 4, 12-17-1974; Code 1992, §
10-187)
State law references: Similar provisions, MCL 436.1701(1).
Sec.
20-296. Purchase, consumption or possession by underage persons.
(a) A minor shall not purchase or attempt to purchase alcoholic
liquor, consume or attempt to consume alcoholic liquor, or possess
or attempt to possess alcoholic liquor, except as provided in this
section. A minor who violates this subsection is guilty of a misdemeanor,
punishable by the following fines and sanctions:
(1) For
the first violation, a fine of not more than $100.00, and such minor
may be ordered to participate in substance abuse prevention or substance
abuse treatment and rehabilitation services as defined in section
6107 of the public health code, Public Act No. 368 of 1978 (MCL
333.6107), and designated by the administrator of substance abuse
services, and may be ordered to perform community service and undergo
substance abuse screening and assessment at his own expense as described
in subsection (c) of this section.
(2) For a violation of this subsection (a) following a prior
conviction or juvenile adjudication for a violation of this subsection
or section 33b(1) of former Public Act No. 8 of 1933 (Ex. Sess.)
(MCL 436.336), a fine of not more than $200.00, and such minor may
be ordered to participate in substance abuse prevention or substance
abuse treatment and rehabilitation services as defined in section
6107 of the public health code, Public Act No. 368 of 1978 (MCL
333.6107), and designated by the administrator of substance abuse
services to perform community service and undergo substance abuse
screening and assessment at his own expense as described in subsection
(c) of this section.
(3) For a violation of this subsection (a) following two or
more prior convictions or juvenile adjudications for a violation
of this subsection or section 33b(1) of former Public Act No. 8
of 1933 (Ex. Sess.) (MCL 436.336), a fine of not more than $500.00,
and such minor may be ordered to participate in substance abuse
prevention or substance abuse treatment and rehabilitation services
as defined in section 6107 of the public health code, Public Act
No. 368 of 1978 (MCL 333.6107), and designated by the administrator
of substance abuse services to perform community service and undergo
substance abuse screening and assessment at his own expense as described
in subsection (c) of this section.
(b) A
person who furnishes fraudulent identification to a minor or, notwithstanding
subsection (a) of this section, a minor who uses fraudulent identification
to purchase alcoholic liquor, is guilty of a misdemeanor, punishable
by imprisonment for not more than 93 days or a fine of not more than
$100.00, or both such fine and imprisonment.
(c) The court may order the person convicted of violating subsection
(a) of this section to undergo screening and assessment by a person
or agency as designated by the substance abuse coordinating agency
as defined in section 6103 of the public health code, Public Act No.
368 of 1978 (MCL 333.6103), in order to determine whether the person
is likely to benefit from rehabilitative services, including alcohol
or drug education and alcohol or drug treatment programs.
(d) A public safety officer who has reasonable cause to believe
a minor has consumed alcoholic liquor may require the person to submit
to a preliminary chemical breath analysis. A public safety officer
may arrest a person based, in whole or in part, upon the results of
a preliminary chemical breath analysis. The results of a preliminary
chemical breath analysis or other acceptable blood alcohol test are
admissible in a criminal prosecution to determine whether the minor
has consumed or possessed alcoholic liquor. A minor who refuses to
submit to a preliminary chemical breath test analysis as required
in this subsection is responsible for a municipal civil infraction
and may be ordered to pay a civil fine of not more than $100.00.
(e) The department of public safety, upon determining that a
person less than 18 years of age who is not emancipated pursuant to
Public Act No. 293 of 1968 (MCL 722.1 et seq.), allegedly consumed,
possessed or purchased, or attempted to consume, possess or purchase,
alcoholic liquor in violation of subsection (a) of this section, shall
notify the parent, custodian or guardian of the person as to the nature
of the violation if the name of a parent, guardian or custodian is
reasonably ascertainable by the law enforcement agency. The notice
required by this subsection shall not be made later than 48 hours
after the law enforcement agency determines that the person who allegedly
violated subsection (a) of this section is less than 18 years of age
and not emancipated under Public Act No. 293 of 1968 (MCL 722.1 et
seq.). The notice may be made by any means reasonably calculated to
give prompt actual notice, including, but not limited to, notice in
person, by telephone or by first class mail. If an individual less
than 17 years of age is incarcerated for violating subsection (a)
of this section, his parents or legal guardian shall be notified immediately
as provided in this subsection.
(f) This section does not prohibit a minor from possessing alcoholic
liquor during regular working hours and in the course of his employment
if such minor is employed by a person licensed by state law, the liquor
control commission or an agent of the liquor control commission, if
the alcoholic liquor is not possessed for personal consumption of
the minor.
(g) The consumption of alcoholic liquor by a minor who is enrolled
in a course offered by an accredited postsecondary educational institution
in an academic building of the institution under the supervision of
a faculty member is not prohibited by this section if the purpose
of the consumption is solely educational and is a requirement of the
course.
(h) The consumption of sacramental wine by a minor in connection
with religious services at a church, synagogue or temple is not prohibited
by this section.
(i) Subsection (a) of this section does not apply to a minor
who participates in the following:
(1)
An undercover operation in which the minor purchases or receives
alcoholic liquor under the direction of the person's employer and
with the prior approval of the local prosecutor's office as part
of an employer-sponsored internal enforcement action; and/or
(2) An undercover operation in which the minor purchases or
receives alcoholic liquor under the direction of the state police,
liquor control commission or a local police agency as part of an
enforcement action unless the initial or contemporaneous purchase
or receipt of alcoholic liquor by the minor was not under the direction
of the state police, liquor control commission or a local police
agency and was not part of the undercover operation.
(Ord. No. 138, § III, ¶¶ 1, 6, 12-17-1974; Ord. No.
167, §§ 1, 2, 11-27-1984; Code 1992, § 10-188; Ord.
No. 208, 9-21-1999)
State law references: Similar provisions, MCL 436.1703(1).
Sec.
20-297. Use of fraudulent identification.
Any person who furnishes fraudulent identification to a person less
than 21 years of age, or any person less than 21 years of age who
uses a fraudulent identification to purchase alcoholic liquor, is
guilty of a misdemeanor.
(Ord. No. 138, § III, ¶ 3, 12-17-1974; Code 1992, §
10-189)
State law references: Similar provisions, MCL 436.1703(2).
Secs. 20-298--20-320. Reserved.
DIVISION
4. CONTROLLED SUBSTANCES*
*State law references: Controlled substances, MCL 333.7101 et seq.
Sec.
20-321. Definitions.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Administer means the direct application of a controlled substance,
whether by injection, inhalation, ingestion or any other means, to
another person.
Controlled substance means a drug, substance or immediate precursor,
as named in schedules 1--5 of part 72 of Public Act No. 368 of 1978
(MCL 333.7201 et seq.).
Delivery and deliver mean the actual, constructive or attempted transfer
from one person to another of any amount of a controlled substance,
whether or not there is an agency relationship.
Dispense means to deliver or issue any amount of a controlled substance
to the ultimate user.
Distribute means to deliver, other than by administering or dispensing,
any amount of a controlled substance.
Possession means physical possession or possession in any dwelling,
building, vehicle, boat, aircraft or other structure, or any other
place knowingly kept or maintained, which is resorted to by persons
using a controlled substance in or on such place in violation of this
division, or which is used for keeping or selling a controlled substance
in violation of this division.
Practitioner means a person or entity as described in section 7109(3)
of Public Act No. 368 of 1978 (MCL 33.7109(3)).
Production and produce mean and include the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(Ord. No. 135, § I, 9-11-1973; Code 1992, § 10-201)
Cross references: Definitions generally, § 1-2.
Sec.
20-322. Possession, use, sale, handling, prescribing, etc.
Except as permitted in section 20-323, it shall be unlawful for any
person to possess, use, offer for sale, distribute, administer, dispense,
deliver, prescribe, produce or give away any controlled substance.
(Ord. No. 135, § I, 9-11-1973; Code 1992, § 10-202)
Sec.
20-323. Medical uses.
(a) A practitioner may purchase, receive, possess, sell, distribute,
prescribe, administer or dispense a controlled substance, but only
for legitimate and professionally recognized therapeutic or scientific
purposes within the scope of practice of the practitioner.
(b) All such controlled substances obtained pursuant to this
section shall be kept in the original package or container in which
they were received, provided that such requirement shall not apply
to any duly licensed medical doctor, osteopathic physician, dentist,
veterinarian or chiropodist, or any authorized person acting directly
under their supervision or control.
(Ord. No. 135, § III, 9-11-1973; Code 1992, § 10-203)
Sec.
20-324. Change of status in Federal Register.
If any substance is designated, rescheduled or deleted as a controlled
substance under federal and state law, the substance shall be similarly
designated, rescheduled or deleted by this division, after the expiration
of 30 days from publication in the Federal Register of a final order
designating a substance to be a controlled substance, rescheduled
substance or deleted substance.
(Ord. No. 135, § II, 9-11-1973; Code 1992, § 10-204)
Sec.
20-325. Medical uses of paraphernalia.
(a) No person shall, at any time, have or possess a hypodermic
syringe or needle or any other instrument or implement adapted for
the use of controlled substances as described in section 20-321, by
subcutaneous or intracutaneous injection or any other manner or method
of introduction which is possessed for such purpose, unless such possession
is authorized by the certificate of a licensed medical doctor or osteopathic
physician issued within the period of one year of such possession.
(b) The prohibition contained in subsection (a) of this section
shall not apply to licensed medical technicians, technologists, nurses,
hospitals, clinical laboratories, medical doctors, osteopathic physicians,
dentists, chiropodists, veterinarians and pharmacists in the normal
course of their respective business professions, nor to persons suffering
from diabetes, asthma or any other medical condition requiring self-injection.
(Ord. No. 135, § IV, 9-11-1973; Code 1992, § 10-205)
Sec.
20-326. Nonmedical habitual users.
(a) Definitions. The following words, terms and phrases, when
used in this section, shall have the meanings ascribed to them in
this subsection, except where the context clearly indicates a different
meaning:
Nonmedical habitual user of controlled substances means any person
who uses controlled substances merely to satisfy a craving for such
controlled substances and who does not have a legitimate medical need
for controlled substances.
(b) Unlawful acts. It shall be unlawful for any person to sell,
furnish, supply or give away any empty gelatin capsules, hypodermic
syringe or needle or any other instrument or implement adapted for
the use of controlled substances as described in section 20-321, by
subcutaneous or intracutaneous injection or any other manner or method
of introduction to any person known to be a nonmedical habitual user
of controlled substances.
(Ord. No. 135, § V, 9-11-1973; Code 1992, § 10-206)
Sec.
20-327. False representation.
Any fraud, deceit, misrepresentation, subterfuge, concealment of a
material fact, use of a false name or giving of a false address for
the purpose of obtaining any controlled substance as described in
section 20-321, or hypodermic syringe or needle, other instrument
or implement, or empty gelatin capsules, or by making any false statement
on any prescription blank shall be deemed a violation of this division.
No person who shall have obtained the possession of any controlled
substance, hypodermic syringe, needle or other instrument or implement
adapted for the use of such controlled substance, or any empty gelatin
capsule shall use such item or permit or authorize the use thereof
for any purpose other than the purpose specifically authorized in
the prescription or order by means of which such possession was obtained.
(Ord. No. 135, § VI, 9-11-1973; Code 1992, § 10-207)
Sec.
20-328. Frequenting or living on premises where used.
No person shall knowingly loiter about, frequent or live in any dwelling,
building, vehicle, boat, aircraft, boathouse or other structure, or
any other place of any description whatsoever, where controlled substances,
hypodermic syringes, needles or other instruments, empty implements
or empty gelatin capsules are sold, dispensed, furnished, given away,
stored or kept illegally or knowingly kept or maintained, which is
resorted to by persons using controlled substances in or on such premises,
or which is used for keeping or selling controlled substances in violation
of this division.
(Ord. No. 135, § VII, 9-11-1973; Code 1992, § 10-208)
Secs. 20-329--20-360. Reserved.
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ARTICLE
VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION
1. GENERALLY
Sec.
20-361. Throwing missiles.
It shall be unlawful for any person to throw or propel any stone,
snowball or any other substance or missile upon, toward or at any
person, vehicle, building, tree or other public or private property
or place, or to throw or propel any stone, snowball, substance, missile
or object from a vehicle.
(Ord. No. 138, § XXXVI, ¶ 1, 12-17-1974; Code 1992, §
10-221)
Sec.
20-362. Arson.
It shall be unlawful for any person to commit arson by deliberately
or maliciously setting fire to or burning, or causing, aiding, counseling
or procuring the burning of any dwelling, building, structure or other
valuable, real or personal property, whether such dwelling, building,
structure or other valuable, real or personal property is his own
or that of another person.
(Ord. No. 138, § IV, ¶ 1, 12-17-1974; Code 1992, §
10-222)
State law references: Arson and burning, MCL 750.71 et seq.
Secs. 20-363--20-380. Reserved.
DIVISION
2. EXPLOSIVES AND FIREWORKS*
*Cross references: Environment, ch. 10; fire prevention and protection,
ch. 14.
State law references: Explosives act, MCL 29.41 et seq.; crimes related
to explosives and bombs, MCL 750.200 et seq.; fireworks, MCL 750.243a
et seq.
Sec.
20-381. Giving and selling to minors.
It shall be unlawful for any person to give, trade, sell or transfer
any explosive, fireworks, gunpowder or any elements thereof to a minor
without the consent of the parent of such minor having first been
obtained.
(Ord. No. 138, § XVII, ¶ 1, 12-17-1974; Code 1992, §
10-236)
Sec.
20-382. Fireworks.
(a) Possession, sale or distribution. It shall be unlawful for
any person to possess, give away, sell or offer for sale any firecracker
or fireworks, including, but not limited to, squibs, rockets, crackers,
torpedoes, grenades, bombs or fireworks of every kind and character,
provided, the provision of this subsection shall not apply to duly
licensed fireworks display operations.
(b) Use. It shall be unlawful for any person to cast, throw,
light or fire any firecracker, fireworks, squib, rocket, cracker,
torpedo, gun, revolver, pistol, dynamite cap, cartridge or other combustible
or explosive mixture of any kind, provided, the provisions of this
subsection shall not apply to a duly licensed fireworks display operator
and operation.
(Ord. No. 138, § XVII, ¶¶ 2, 3, 12-17-1974; Code 1992,
§ 10-237)
Sec.
20-383. Dangerous, injurious and offensive substances.
It shall be unlawful for any person to have on his person, or to throw,
cast, place, ignite, discharge or deposit upon the person or property
of another, any liquid, gaseous or solid substance which is injurious
to a person or any property, or which is nauseating, sickening, irritating
or offensive to any of the senses, where there is intent to wrongfully
injure, molest, discomfit, discommode or coerce another in the use,
management, conduct or control of his person or property. It shall
also be unlawful for any person to aid, abet or assist in the attempt
or commission of any of the acts prohibited in this section.
(Ord. No. 138, § XVII, ¶ 4, 12-17-1974; Code 1992, §
10-238)
State law references: Placing foul and offensive substances with intent
to injure, etc., MCL 750.209.
Secs. 20-384--20-400. Reserved.
DIVISION
3. WEAPONS*
*State law references: Firearms and weapons, MCL 28.421 et seq., 750.222
et seq.
Sec.
20-401. Definitions.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Firearm means any pistol, revolver, rifle, air rifle, slingshot, bow
and arrow or other dangerous device capable of propelling a projectile.
(Ord. No. 138, § XXXVIII, ¶ 1, 12-17-1974; Code 1992, §
10-251)
Cross references: Definitions generally, § 1-2.
Sec.
20-402. Discharging firearms.
It shall be unlawful for any person to discharge any firearm within
the corporate limits of the village, except when acting in defense
of a person or property, the enforcement of law or at a derby or contest
at an established range, the operation of which has been approved
by the village council.
(Ord. No. 138, § XXXVIII, ¶ 4, 12-17-1974; Code 1992, §
10-252)
Sec.
20-403. Aiming and pointing firearms.
It shall be unlawful for any person, except a law enforcement officer
or a citizen acting in self-defense, to intentionally point or aim
any firearm at or toward any other person, whether or not such weapon
is loaded or armed.
(Ord. No. 138, § XXXVIII, ¶ 1, 12-17-1974; Code 1992, §
10-253)
State law references: Similar provisions, MCL 750.233.
Sec.
20-404. Maiming and injuring by firearms.
It shall be unlawful for any person to maim or injure any other person
through the discharge of any firearm pointed or aimed intentionally
at any such person.
(Ord. No. 138, § XXXVIII, ¶ 6, 12-17-1974; Code 1992, §
10-254)
State law references: Similar provisions, MCL 750.235.
Sec.
20-405. Reckless, careless and negligent use of firearms.
Any person who, because of carelessness, recklessness or negligence,
but not willfully or wantonly, shall cause or allow any firearm under
his immediate control to be discharged so as to kill or injure another
person shall be guilty of a misdemeanor.
(Code 1992, § 10-255)
State law references: Similar provisions, MCL 752.861.
Sec.
20-406. Carrying with unlawful intent.
It shall be unlawful for any person to go armed with a firearm or
weapon with the intent to use such firearm or weapon unlawfully against
another person.
(Ord. No. 138, § XXXVIII, ¶ 2, 12-17-1974; Code 1992, §
10-256)
State law references: Similar provisions, MCL 750.226.
Sec.
20-407. Dangerous and concealed.
It shall be unlawful for any person who is not a law enforcement officer
to carry on his person or in a concealed manner any pistol, knife,
slingshot, knuckles or any other weapon considered to be deadly unless
authorized by a permit issued by the state or a political subdivision
thereof.
(Ord. No. 138, § XXXVIII, ¶ 3, 12-17-1974; Code 1992, §
10-257)
State law references: Similar provisions, MCL 750.227.
Sec.
20-408. Transporting firearms.
(a) It shall be unlawful for any person to transport or have
in his possession, in or upon any vehicle, a firearm, unless the firearm
shall be unloaded in both barrel and magazine and carried in the luggage
compartment of the vehicle.
(b) It shall be unlawful to carry a firearm in or upon any public
street or in any public place unless the firearm is unloaded and in
a case.
(c) Public safety officers, persons in police and/or military
service in pursuit of official duty and persons duly authorized by
federal or state law to carry firearms are exempt from the provisions
of this section.
(Ord. No. 138, § XXXVIII, ¶ 11, 12-17-1974; Code 1992, §
10-258)
State law references: License required to carry or transport pistol,
MCL 28.422; carrying concealed or dangerous weapons, MCL 750.227;
possession or transportation of firearms on vehicles, MCL 750.227c.
Sec.
20-409. Possession or use while under influence of alcoholic
liquor or controlled substances.
It shall be unlawful for any person, while under the influence of
alcoholic liquor or any controlled substance, to carry, have in his
possession or control, discharge or use, in any manner, any weapon
as enumerated in sections 20-401, 20-411 and 20-412.
(Ord. No. 138, § XXXVIII, ¶ 9, 12-17-1974; Code 1992, §
10-259)
State law references: Similar provisions, MCL 750.237.
Sec.
20-410. Gas-ejecting and gas-emitting devices.
It shall be unlawful for any person, except persons authorized by
law, to possess or have any gas-ejecting or gas-emitting device, cartridge
or weapon.
(Ord. No. 138, § XXXVIII, ¶ 5, 12-17-1974; Code 1992, §
10-260)
State law references: Similar provisions, MCL 750.224.
Sec.
20-411. Long knives, etc.
It shall be unlawful for any person to have in his possession or control,
except within his own domicile, or carry or use in any manner, any
knife, dagger, dirk, razor, stiletto or any other sharp-edged or sharp-pointed
instrument or weapon in excess of three inches in length. Such person
shall not be in violation of this section if his possession of such
knife, dagger, dirk, razor, stiletto or similar instrument is necessary
for his employment, trade or occupation, or if he is engaged in, proceeding
to or returning from a place of hunting, trapping or fishing, and,
whenever required, is also carrying a currently valid license issued
to him by the state department of natural resources, or if such person
is a duly enrolled member of the Boy Scouts of America or a similar
organization or society, or if such sharp-edged or sharp-pointed instrument
is required under circumstances that tend to establish that its possession
is for a lawful purpose, but not including self-defense or amusement.
(Ord. No. 138, § XXXVIII, ¶ 7, 12-17-1974; Code 1992, §
10-261)
State law references: Carrying firearms or dangerous weapon with unlawful
intent, MCL 750.226.
Sec.
20-412. Mechanical knives.
It shall be unlawful for any person to have in his possession, sell
or offer to sell any knife having the appearance of a pocketknife,
the blade of which can be opened by the flick of a button, pressure
on a handle or other mechanical contrivance. The provisions of this
section shall not apply to any one-armed person carrying a knife on
his person in connection with his living requirements.
(Ord. No. 138, § XXXVIII, ¶ 8, 12-17-1974; Code 1992, §
10-262)
State law references: Similar provisions, MCL 750.226a.
Sec.
20-413. Purchase and transportation of firearms by minors.
(a) It shall be unlawful for any person under 18 years of age
to purchase any firearm.
(b) It shall be unlawful for any person under 18 years of age
to transport a firearm on any public street or in any public place
unless such person shall be accompanied by a parent or guardian and
such transportation shall be to or from a duly constructed and constituted
range for targets or location for hunting, if such person has a valid
hunting license issued by state authority in his possession.
(Ord. No. 138, § XXXVIII, ¶ 10, 12-17-1974; Code 1992, §
10-263)
State law references: Selling pistols and firearms, MCL 750.223.
Sec.
20-414. Wildlife and hunting.
(a) The use of guns or any firearm for the purpose of hunting
game or wildlife is prohibited in the village.
(b) No person shall hunt or trap with firearms, dogs or otherwise,
any game animals, birds or other wildlife, or in any other manner
kill or capture such game animals, birds or other wildlife within
the corporate limits of the village at any time.
(c) Where wildlife is causing damage to crops, lands or property,
the owner or tenant of the property may apply to the state department
of natural resources for a permit to live-trap and release animals
causing damage. The state department of natural resources may issue
a permit to applicants and its rules and regulations shall govern
all permits.
(Ord. No. 153, §§ 1--3, 11-18-1980; Code 1992, § 10-264)
State law references: Game law, MCL 324.40101 et seq.; land ordinance
authorized, MCL 324.41902.
Secs. 20-415--20-450. Reserved.
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ARTICLE
VIII. OFFENSES PERTAINING TO MINORS
Sec.
20-451. Contributing to neglect or delinquency of minor children
under 17 years of age.
Any person who shall, by any act or word, encourage, contribute toward,
cause or tend to cause any minor child under the age of 17 years to
become neglected or delinquent so as to come, or tend to come, under
the jurisdiction of the juvenile division of the probate court, as defined
in section 2 of chapter 12a of Public Act No. 288 of 1939 (MCL 712A.2),
whether or not such child shall in fact be adjudicated a ward of the
probate court, shall be guilty of a misdemeanor.
(Ord. No. 138, § XII, ¶ 1, 12-17-1974; Code 1992, § 10-281)
State law references: Similar provisions, MCL 750.145.
Sec.
20-452. Curfew for minors under 12 years of age.
It shall be unlawful for any minor under the age of 12 years to loiter,
idle or congregate in or on any public street, highway, alley or park
between the hours of 10:00 p.m.--6:00 a.m., unless the minor is accompanied
by a parent or guardian or an adult delegated by the parent or guardian
to accompany the child.
(Ord. No. 138, § XII, ¶ 2, 12-17-1974; Code 1992, § 10-282)
State law references: Similar provisions, MCL 722.751.
Sec.
20-453. Curfew for minors under 16 years of age.
A minor under the age of 16 years shall not loiter, idle or congregate
in or on any public street, highway or park between the hours of 12:00
midnight and 6:00 a.m. immediately following, except when the minor
is accompanied by a parent, guardian or an adult delegated by the parent
or guardian to accompany the minor, or when the minor is upon an errand
or other legitimate business directed by his parent or guardian.
(Ord. No. 138, § XII, ¶ 3, 12-17-1974; Code 1992, § 10-283)
State law references: Similar provisions, MCL 722.752.
Sec.
20-454. Contributing to the violation of sections 20-451, 20-452
and 20-453.
Any person 16 years of age or over who assists, aids, abets, allows,
permits or encourages any minor under the age of 16 years to violate
the provisions of sections 20-451, 20-452 and/or 20-453 is guilty of
a misdemeanor.
(Ord. No. 138, § XII, ¶ 4, 12-17-1974; Code 1992, § 10-284)
State law references: Similar provisions, MCL 722.753.
Sec.
20-455. Furnishing obscene material.
It shall be unlawful for any person to import, print, publish, sell,
design, prepare, loan, give away, display or distribute any book, magazine,
writing, pamphlet, ballad, printed paper, print, drawing, picture, photograph,
reproduction, record, tape, motion picture, publication or other thing
containing obscene, immoral, lewd or lascivious language, or obscene,
immoral, lewd or lascivious prints, pictures, figures or descriptions
manifestly tending to the corruption of the morals of youth, or to introduce
into any family, school or place of education, or to procure, receive
or have in his possession any such book, pamphlet, magazine, newspaper,
writing, ballad, printed matter, paper, print, picture, drawing, photograph,
publication or other thing, either for the purpose of sale, exhibition,
loan or circulation, or with the intent to introduce such material into
any family, school or place of education.
(Ord. No. 138, § XXV, ¶ 7, 12-17-1974; Code 1992, § 10-285)
State law references: Distribution of obscene material to minors, MCL
722.671 et seq.; furnishing obscene books to persons under 18, MCL 750.142;
child-abusive commercial activity, MCL 750.145c; obscene material, MCL
752.361 et seq.
Sec.
20-456. Open house parties.
(a) Definitions. The following words, terms and phrases, when used
in this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Minor means a person under the age of 21 years.
Open house party means a social gathering of persons at a residence,
other than, or in addition to, the owner or persons with rights of possession
or their immediate family members.
Residence means a home, apartment, condominium or other dwelling unit,
and includes the curtilage of such dwelling unit.
(b) Prohibitions. No person having control of a residence shall
allow an open house party to take place at the residence if any alcoholic
liquor, as defined in section 20-291, is possessed or consumed by a
minor or any controlled substance, as defined in section 20-321, is
possessed or consumed by any individual at the residence where such
person:
(1) Knew,
or reasonably should have known, that the alcoholic liquor was in
the possession of, or being consumed by, a minor or the controlled
substance was in the possession of, or being consumed by, an individual
at the residence; or
(2) Failed to take reasonable steps to prevent the possession
or consumption of the alcoholic liquor by a minor or the possession
or consumption of the controlled substance by an individual at the
residence.
(c)
Exemption. The provisions of this section shall not apply
to legally protected religious observances.
(Code 1992, § 10-286)
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