City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 217 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Crimes — See Ch. 111.
Fees — See Ch. 133.
Loitering — See Ch. 191.
Minors — See Ch. 197.
Possession and sale of nitrous oxide — See Ch. 201.
Nuisances — See Ch. 203.
Obscenity and pornography — See Ch. 206.
Pawnbrokers — See Ch. 216.
Spray paint — See Ch. 286.
Tobacco — See Ch. 313.

§ 217-1 Disorderly persons.

It shall be unlawful in the City for any person to commit the crime of being a disorderly person.
A. 
Any common prostitute, any window peeper, any person who engages in an illegal occupation or business, any person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that unreasonably causes a public disturbance, any person engaged in any indecent or obscene conduct in any public place, any vagrant, any person found breaking into a public place, any person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged or allowed, any person who knowingly shall loiter in or about any place where an illegal occupation or business is being conducted and any person who shall be found jostling or roughly crowding people unnecessarily in a public place shall be deemed a disorderly person, and any person convicted of being a disorderly person shall be guilty of a misdemeanor.
[Amended 4-23-2002 by Ord. No. 1161]
B. 
All able-bodied persons who, not having visible means of support, are found loitering or rambling about or lodging or loitering in drinking saloons, tippling houses, beer houses, houses of ill fame, houses of bad repute, vessels, sheds or barns or in the open air, and not giving a good account of themselves, all keepers or exhibitors of any gaming table or device and all persons who, for the purpose of gaming or for the purpose of watch stuffing, travel about or go from place to place, all persons upon whom shall be found any instrument or thing used for the commission of burglary or larceny or for picking pockets or locks or anything used for obtaining money under false pretenses and who cannot give a good account for their possession of the same and all fortune-tellers shall be deemed disorderly persons and, upon conviction thereof, shall be punished as hereinafter provided.
C. 
Any person of sufficient ability who shall refuse or neglect to support his or her family shall be deemed a disorderly person and, upon conviction thereof, shall be punished as hereinafter provided.

§ 217-2 Disorderly conduct.

[Amended 12-27-2000 by Ord. No. 1144; 4-23-2002 by Ord. No. 1161]
Any person or persons who shall make, excite, or assist in making or exciting any noise, disturbance, contention, improper diversion, rout or riot, in any tavern, store, grocery, manufacturing establishment, business place, public street, public lane, public alley, public square, public park, public building, or other public space in the City of Roseville, which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or by which the peace and good order of the City of Roseville is unreasonably disturbed, shall be guilty of disorderly conduct. Any person convicted of being guilty of disorderly conduct shall be punished as hereinafter provided.

§ 217-3 Indecent or immoral conduct.

No person shall be guilty of using indecent or immoral language, drunkenness or disturbing the peace nor be guilty of any indecent or immoral conduct in any public street, lane, alley, square, park or space in the city; and no person shall improperly, lewdly, wantonly or wrongfully accost, ogle, insult, annoy, follow, pursue, lay hands on or by gesture, movement of body or otherwise wrongfully molest any person in any public street, lane, alley, square, park or space in the city.

§ 217-4 Beggars and vagrants.

Any person who, within the limits of the city, wanders about and begs in the streets or from house to house or sits, stands or takes a position in any place and begs from passersby, either by words, the exhibiting of a sign or by gestures, shall be deemed a beggar. Every person who wanders about and lodges in outhouses, market places or other public buildings or places or in the open air in the City and has no permanent place of abode or visible means of maintenance shall be deemed a vagrant. Any person convicted of being a beggar or vagrant within the meaning of this section shall, on conviction, be punished as hereinafter provided.

§ 217-5 Interruption of worship services.

Any person who shall be talking, laughing or otherwise interrupt the service of any place of divine worship shall be punished as hereinafter provided.

§ 217-6 Indecent exposure.

No person shall make any indecent exposure of his or her person in the streets, lanes, alleys, markets or public places of the city; nor shall any person make any indecent exposure of his or her person in an uncurtained window or open doorway or any other place on private property where such acts are intended to be and are seen by members of the public. Further, a person will be found to have intended his or her act of indecent exposure where that person exposes himself or herself at a time and place in which a reasonable person knows or should know his or her act will be open to public observation.[1]
[1]
Editor's Note: See also Ch. 206, Obscenity and Pornography.

§ 217-7 Obscene pictures and drawings.

No person shall show, sell, offer for sale, exhibit or distribute any indecent or obscene picture, drawing, engraving, card, paper, book or pamphlet.[1]
[1]
Editor's Note: Former § 217-8, Violations and penalties, which immediately followed this section, was deleted 7-27-1999 by Ord. No. 1125.

§ 217-8 Assault and battery.

A. 
It shall be unlawful in the City for any person to commit an assault by attempting or offering, with force and violence, to do corporal hurt to another, with an apparent present means of carrying out the attempt.
B. 
It shall be unlawful in the City for any person to commit a battery upon the person of another resulting in any injury whatsoever, be it ever so small, actually done to the person of another in an angry, revengeful, rude or insolent manner.
C. 
A person who assaults or assaults and batters an individual if no other punishment is prescribed by law, shall be punished as provided in § 217-20 of this chapter.
[Amended 8-27-1996 by Ord. No. 1085; 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158]
D. 
An individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, shall be punishable as provided in § 217-20 of this chapter.
[Added 8-27-1996 by Ord. No. 1085; 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158]
E. 
A peace officer may arrest an individual for violating Subsections C and D regardless of whether the peace officer has a warrant or whether the violation was committed in his or her presence, if the peace officer has reasonable cause to believe both of the following:
[Added 8-27-1996 by Ord. No. 1085]
(1) 
The violation occurred or is occurring.
(2) 
The individual has had a child in common with the victim, resides or has resided in the same household as the victim or is a spouse or former spouse of the victim.

§ 217-9 Resisting or obstructing officer in discharge of duty.

[Amended 11-28-1985 by Ord. No. 1073; 8-27-1996 by Ord. No. 1082; 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158; 8-11-2009 by Ord. No. 1226]
A. 
An individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties shall be punished as provided in § 217-20 of this chapter.
B. 
As used in this section, the following terms shall have the meanings indicated:
OBSTRUCT
Includes the use or threatened use of physical interference or force or a knowing failure to comply with a command.
PERSON
Any of the following:
(1) 
A police officer of this state or of a political subdivision of this state, including, but not limited to, the coroner, a motor carrier officer or capitol security officer of the Department of State Police.
(2) 
A conservation officer of the Department of Natural Resources or the Department of Environmental Quality.
(3) 
A sheriff or deputy sheriff.
(4) 
A firefighter.
(5) 
An officer duly authorized while serving or attempting to serve or execute any such process, rule or order or for having served or attempting to serve or execute the same.
(6) 
A court officer.

§ 217-10 Petty larceny; larceny by trick.

A. 
It shall be unlawful in the City for any person to commit the offense of larceny by stealing the property of another or any money, goods or chattels or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate or any book of accounts for or concerning money or goods due or to become due or to be delivered or any deed or writing containing a conveyance of land or any other valuable contract in force or any receipt, release or defeasance or any writ, process or public record, if the property stolen shall be of the value of $200 or less.
[Amended 1-26-1999 by Ord. No. 1116]
B. 
It shall be unlawful for any person who, with intent to defraud or cheat, shall designedly, by color of any false token or writing or by any false or bogus check or other written, printed or engraved instrument, by spurious coin or metal in the similitude of coin or by any other false pretense, cause any person to grant, convey, assign, demise, lease or mortgage any land or interest in land or obtain the signature of any person to any written instrument, the making whereof would be punishable as forgery, or obtain from any person any money or personal property or the use of any instrument, facility or article or other valuable thing or service or, by means of any false weights or measures, obtain a larger amount or quantity of property than was bargained for or, by means of any false weights or measures, sell or dispose of a less amount or quantity of property than was bargained for, if such land or interest in land, money, personal property, use of such instrument, facility or article, valuable thing, service, larger amount obtained or less amount disposed of shall be of the value of $200 or less.
[Amended 1-26-1999 by Ord. No. 1116]
C. 
Any person who shall be convicted of the crime of petty larceny or larceny by trick shall be punished as provided in § 217-20 of this chapter.
[Amended 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158]

§ 217-11 Malicious destruction of property.

[Amended 6-10-1986 by Ord. No. 942]
A. 
It shall be unlawful in the City for any person to commit the crime of malicious destruction of real or personal property, and any person who shall willfully and maliciously injure or destroy the real or personal property of another, if the damage resulting from such injury or destruction is $200 or less, shall be guilty of a misdemeanor.
[Amended 1-26-1999 by Ord. No. 1117]
B. 
Any person who shall be convicted of malicious destruction of real or personal property of a value of $200 or less shall be punishable as provided in § 217-20 of this chapter.
[Amended 1-26-1999 by Ord. No. 1117; 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158]

§ 217-12 Harassment by telephone, telegraph or other communications common carrier.

[Amended 2-14-1989 by Ord. No. 985]
A. 
Any person is guilty of a misdemeanor who maliciously uses any service provided by a communications common carrier with 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:
(1) 
Threatening physical harm or damage to any person or property in the course of a telephone conversation.
(2) 
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 of an accident.
(3) 
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.
(4) 
Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation.
(5) 
Repeatedly initiating a telephone call and, without speaking, deliberately hanging up or breaking the telephone connection as or after the telephone call is answered.
(6) 
Making an unsolicited commercial call which is received between the hours of 9:00 p.m. and 9:00 a.m. For the purpose of this subsection, "an 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.
(7) 
Deliberately calling a telephone of another person in a repetitive manner which causes interruption in telephone service or prevents the person from utilizing his or her telephone service.
B. 
Any person violating this section may be punished as provided in § 217-20 of this chapter. An offense is committed under this section if the communication either originates or terminates, or both originates and terminates, in the City of Roseville and may be prosecuted at the place of origination or termination.
[Amended 7-27-1999 by Ord. No. 1125; 3-12-2002 by Ord. No. 1158]

§ 217-13 Drawing of checks without sufficient funds.

A. 
Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft or order for payment of money to apply on the 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 not sufficient funds in or credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation, shall, if the amount payable in the check is $50 or less, be guilty of a misdemeanor.
B. 
As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is received by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided that such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that such check, draft or order has not been paid by the drawee.
C. 
Where such check, draft or order is protested on the grounds of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds or credit with such bank or other depository.

§ 217-14 Defrauding innkeeper.

Any person who shall put up at any hotel, motel, inn, restaurant or cafe, as a guest, and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such innkeeper thereof out of the pay for the same, or who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation by means of any false show of baggage or effect brought thereto, is guilty of a misdemeanor. No conviction shall be had under the provision of this section unless complaint is made within 60 days from the time of violation thereof.

§ 217-15 Refusing fingerprinting; furnishing false information; interfering with criminal investigation.

[Amended 7-26-1988 by Ord. No. 976; 7-27-1999 by Ord. No. 1122; 3-12-2002 by Ord. No. 1158]
A. 
Any person required to have his or her fingerprints taken under Michigan law, who refuses to allow or resists the taking of his or her fingerprints, is guilty of a misdemeanor. Such person must be advised that his or her refusal constitutes a misdemeanor [MSA § 4.463(1)].
B. 
Any person who knowingly furnishes to any police officer, or other official or employee of the City of Roseville authorized to enforce local ordinances, a false information, including a false name, address, age or date of birth, in connection with the investigation of the commission of any violation of this Code or any other city, state or federal law is guilty of a misdemeanor.
C. 
Except as provided in this subsection, a person who is informed by a peace officer that he or she is conducting a criminal investigation shall not do any of the following:
[Added 6-12-2012 by Ord. No. 1251]
(1) 
By any trick, scheme, or device, knowingly and willfully conceal from the peace officer any material fact relating to the criminal investigation.
(2) 
Knowingly and willfully make any statement to the peace officer that the person knows is false or misleading regarding a material fact in that that criminal investigation.
(3) 
Knowingly and willfully issue or otherwise provide any writing or document to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.
(4) 
This subsection does not apply to either of the following:
(a) 
Any statement made or action taken by an alleged victim of the crime being investigated by the peace officer.
(b) 
A person who is acting under duress or out of a reasonable fear of physical harm to himself or herself or another person from a spouse or former spouse, a person with whom he or she has had a dating relationship, a person with whom he or she has had a child in common, or a resident or former resident of his or her household.
(5) 
This subsection does not prohibit a person from doing either of the following:
(a) 
Invoking the person's rights under the Fifth Amendment of the Constitution of the United States or Section 17 of Article I of the State Constitution of 1963.
(b) 
Declining to speak to or otherwise communicate with a peace officer concerning the criminal investigation.
(6) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DATING RELATIONSHIP
Frequent, intimate associations, primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two persons in a business or social context.
PEACE OFFICER
Any of the following:
(a) 
A sheriff or deputy sheriff of a county of this state.
(b) 
An officer of the police department of a city, village, or township of this state.
(c) 
A marshal of a city, village, or township of this state.
(d) 
A constable of any local unit of government of this state.
(e) 
An officer of the Michigan State Police.
(f) 
A conservation officer of this state.
(g) 
A security employee employed by the state under Section 6c of 1935 PA 59, MCL § 28.6c.
(h) 
A motor carrier officer appointed under Section 6d of 1935 PA 59, MCL § 28.6d.
(i) 
A police officer or public safety officer of a community college, college, or university within this state who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university.
(j) 
A park and recreation officer commissioned under section 1606 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.1606.
(k) 
A state forest officer commissioned under Section 83107 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.83107.
(l) 
An investigator of the State Department of Attorney General.
(m) 
An agent of the State Department of Human Services, Office of Inspector General.
(n) 
A sergeant at arms or assistant sergeant at arms commissioned as police officer under Section 2 of the Legislative Sergeant at Arms Police Powers Act, 2001 PA 185, MCL § 4.382.
SERIOUS MISDEMEANOR
That term as defined in Section 61 of the William Van Regenmorter Crime Victim's Rights Act, 1985 PA 87, MCL § 780.811.

§ 217-16 Trespassing.

[Amended 12-27-2011 by Ord. No. 1248]
Any person who shall willfully enter upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant or agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant or the agent or servant of either, who shall, without lawful authority, neglect or refuse to depart therefrom, shall be guilty of a misdemeanor, punished by a fine not to exceed $500, and/or jail time not to exceed 90 days.

§ 217-17 Illegal use of credit cards.

Any person who, for the purpose of obtaining goods, property, services or anything of value, knowingly and with intent to defraud thereof, uses a credit card which has been revoked or canceled by the issuer, as distinguished from expired, and where notice of such revocation or cancellation has been received by such person through registered or certified mail or by personal service, shall be guilty of a misdemeanor if the aggregate value of the goods, property, services or anything of value is $100 or less.

§ 217-18 Receiving and concealing stolen goods.

[Added 6-27-2000 by Ord. No. 1139[1]]
A. 
A person shall not buy, receive, possess, conceal or aid in the concealment of stolen, embezzled or converted money, goods or property knowing the money, goods or property is stolen, embezzled or converted. A person who is a dealer in or collector of merchandise or personal property or the agent, employee or representative of a dealer or collector of merchandise or personal property who fails to reasonably inquire whether the person selling or delivering the stolen, embezzled or converted property to the dealer or collector, has a right to do so or who buys or receives stolen, embezzled or converted property that has a registration, serial or other identifying number altered or obliterated on an external surface of the property, is presumed to have bought or received the property knowing the property is stolen, embezzled or converted. This presumption is rebuttable.
B. 
If the property purchased, received, possessed or concealed has a value of less than $200, a person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine of not more than $500.
[1]
Editor's Note: This ordinance also redesignated former § 217-18, Violations and penalties, as § 217-20.

§ 217-19 Embezzlement.

[Added 6-27-2000 by Ord. No. 1139[1]]
A. 
A person who, as the agent, servant or employee of another person, governmental entity within this state or other legal identity, or who, as the trustee, bailee or custodian of the property of another person, governmental entity within this state or other legal entity, fraudulently disposes of or converts to his or her own use, or takes or secrets with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come into that person' s possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee or custodian is guilty of embezzlement.
B. 
An agent, servant, employee, trustee, bailee, custodian, attorney at law, collector or other person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within this state or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector or other person shall not embezzle, fraudulently dispose of, convert to his or her own use or take or secret with intent to embezzle, convert to his or her own use, the money or personal property without the consent of the part owner of the money or personal property.
C. 
Under this section, the failure, the neglect or refusal of the agent, servant, employee, trustee, bailee or custodian to pay, deliver or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.
D. 
In a prosecution under Subsection B, it is not a defense that the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector or any other person was entitled to compensation out of the money or personal property as compensation for collecting or receiving it for its owner, but it is not embezzlement by the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector or other person to retain his or her own reasonable collection fee on the collection or any other valid interest he or she has in the money or personal property.
E. 
If the money or personal property embezzled has a value of less than $200, a person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine of not more than $500.
[1]
Editor's Note: This ordinance also redesignated former § 217-18, Violations and penalties, as § 217-20.

§ 217-20 Violations and penalties.

[Added 7-27-1999 by Ord. No. 1125; amended 3-12-2002 by Ord. No. 1158]
Unless otherwise specifically provided in the violated section, any persons violating or neglecting or refusing to comply with any provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor punishable by imprisonment for not more than 93 days and/or fine of not more than $500.

§ 217-21 Fighting on school property.

[Added 2-9-2010 by Ord. No. 1234]
No person shall, while present in any building or on any property that is owned, occupied, or otherwise used by a school, incite, participate, or otherwise be involved in any fight or other physical confrontation with another. This includes during and after school hours or other social or sporting event hosted at any school. A person who violates this section is responsible for a municipal civil infraction, punishable by a fine of not more than $100, plus costs. A second or subsequent violation shall result in a fine up to $500, plus costs. In addition to or in lieu of a fine, the court may order the person to perform community service.

§ 217-22 Deceased person's services.

[Added 7-26-2011 by Ord. No. 1245]
A. 
A person shall not do any of the following within 500 feet of a building or other location where a funeral, memorial service, or viewing of a deceased person is being conducted, or within 500 feet of a funeral procession or burial:
(1) 
Make any statement or gesture or engage in any conduct intended to incite or produce an imminent breach of the peace among persons attending that funeral, memorial service, viewing, funeral procession, or burial.
(2) 
Make any statement or gesture or engage in any conduct intended to disrupt or disturb that funeral, memorial service, viewing, funeral procession, or burial.
B. 
A person shall not intentionally obstruct, hinder, impede, or block another person’s entry to or exit from a funeral, memorial service, viewing of deceased person, funeral procession, or burial. This subsection does not apply to a person conducting or assisting in the conducting of the funeral, memorial service, viewing, funeral procession, or burial.

§ 217-23 Use of property other than intended.

[Added 9-25-2012 by Ord. No. 1254]
It shall be unlawful for any person or persons to use real property, personal property, a lot, parcel, building, or other structure other than intended or in violation of the City of Roseville Code of Ordinances. The person violating the provisions of this section shall be deemed to have committed a civil infraction.

§ 217-24 Failure to return rented property.

[Added 8-12-2014 by Ord. No. 1270]
A person to whom property had been delivered on a rental or lease basis under a written agreement providing for its return on a date certain, who did with the intent to defraud the lessor refuse or willfully neglect to return the property after expiration of the time stated in the written notice mailed by registered or certified mail to the defendant’s last known address, and the property having a value of less than $200, shall be prohibited so long as the notice provides for a description of the property, the date the property was to be returned, and the location the property was to be returned to.