City of Kalamazoo, MI
Kalamazoo County
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[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in section histories. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 3.
Animals — See Ch. 7.
Interfering with or impersonation of civil defense personnel — See § 12-8.
Damaging fire apparatus or building used to house same — See § 15-4.
Interfering with persons guarding property during fire — See § 15-5.
Open burning — See § 15-41.
Housing Code — See Ch. 17.
Discrimination in real estate transactions — See Ch. 18, Art. II.
Noise — See Ch. 21.
Police — See Ch. 26.
Deposit of injurious matter on streets and sidewalks — See § 33-14.
Throwing or dropping objects from vehicles onto streets or adjacent property — See § 36-14.
Spilling vehicle loads — See § 36-81.
Driving while under influence of drugs or when ability impaired by drugs — See § 36-129.
Open liquor containers in vehicles on highways and streets — See § 36-130.
Transporting marihuana in motor vehicles — See § 36-134.
Damaging traffic-control devices — See § 36-150.
Operation of snowmobile while under influence of drugs — See § 36-202.
Zoning Ordinance — See App. A.
STATUTORY REFERENCES
Controlled substances — See MCLA § 333.7101 et seq.
Assaults — See MSA § 28.276 et seq.; MCLA § 750.81 et seq.
Attempts to commit crime — See MSA § 28.287; MCLA § 750.92.
Cursing and swearing — See MSA § 28.298; MCLA § 750.103.
Minors and liquor — See MCLA § 436.1703.
Curfew for minors — See MSA §§ 28.342(1) — 28.342(3); MCLA §§ 722.751 — 722.753.
State curfew law does not affect power of City to enact curfew ordinance — See MSA § 28.342(4); MCLA § 722.754.
Impersonation of police officers — See MSA § 28.412; MCLA § 750.215.
Forfeiture of weapons — See MSA § 28.436; MCLA § 750.239.
Indecent exposure — See MSA § 28.567(1); MCLA § 750.335a.
Indecent language in presence of women or children — See MSA § 28.569; MCLA § 750.337.
Larceny — See MSA § 28.588 et seq.; MCLA § 750.356 et seq.
Breaking and entering coin operated telephone — See MSA § 28.588(2); MCLA § 750.356b.
Littering — See MSA § 28.603(1) et seq.; MCLA § 324.8901 et seq.
Covering or fencing wells or cisterns — See MSA § 28.761(2); MCLA § 750.493b.
Removal of locking devices from abandoned iceboxes or refrigerators — See MSA § 28.761(4); MCLA § 750.493d.
Aiding and abetting — See MSA § 28.979; MCLA § 767.39.
Controlled Substances Act — See MCLA § 333.7101 et seq.
Obscene literature — See MCLA § 752.361 et seq.
Gambling — See MCLA § 750.301.
Malicious and willful mischief and destruction — See MCLA § 750.50b et seq.
Prostitution — See MCLA § 750.448 et seq.
Trespass — See MCLA § 750.546 et seq.

§ 22-1 Attempted offenses.

§ 22-2 Procuring, aiding, etc., commission of offense.

§ 22-3 Nuisances generally — Specified; unlawful to maintain; exceptions.

§ 22-4 Same — Investigations; notice to abate; hearing.

§ 22-5 Same — Abatement by City.

§ 22-6 Damaging or interfering with public property.

§ 22-7 Trespass upon lands or premises of another.

§ 22-8 Being on property of another at night without lawful business; window peeping.

§ 22-9 Spitting on sidewalks or floors of public conveyances and places.

§ 22-10 Littering.

§ 22-11 Covering or fencing of dry wells, cisterns and cesspools.

§ 22-12 Abandoned refrigerators and similar containers.

§ 22-12.1 (Reserved)

§ 22-13 Inoperable or wrecked motor vehicles and vehicle parts.

§ 22-14 Restriction on use of barbed wire/electric fences.

§ 22-15 Fraud generally.

§ 22-16 False or fraudulent statements for purpose of obtaining welfare or relief benefits.

§ 22-17 Phrenology, fortune-telling, etc.

§ 22-18 Begging; panhandling; soliciting.

§ 22-19 Impeding pedestrian or vehicular passage.

§ 22-20 Resisting or interfering with a public safety officer or other duly authorized person.

§ 22-21 Loitering around police station; interfering with operation of Department of Public Safety or court.

§ 22-22 (Reserved)

§ 22-23 Impersonating City policeman, fireman, public safety officer or inspector.

§ 22-24 Impersonating meter readers.

§ 22-25 Petty larceny.

§ 22-26 Breaking into coin-operated machines or devices.

§ 22-27 Retail fraud.

§ 22-28 Dust emission from industrial or commercial establishments.

§ 22-29 Weapons violation.

§ 22-30 Assault, fighting, etc.

§ 22-31 Accosting, molesting, etc., others.

§ 22-32 Improper advances, gestures, etc., to people.

§ 22-33 Obscene or profane language or gestures.

§ 22-34 Indecent exposure.

§ 22-34.1 Public urination.

§ 22-35 Selling or exhibiting indecent or obscene pictures, books, etc., to minors.

§ 22-36 Prostitution; engaging services for prostitution; admitting to place for purposes of prostitution; letting and leasing; aiders and abettors; reimbursement of police response expenses; public nuisances.

§ 22-37 Gambling and gambling houses.

§ 22-38 Keeping or frequenting place used for illegal sale of liquor.

§ 22-39 Marijuana possession; penalty

§ 22-40 Being under influence of controlled substance or drug in public.

§ 22-41 Drug paraphernalia.

§ 22-42 No person under 21 shall purchase, consume or possess alcohol and no person shall furnish or use fraudulent identification for the purpose of obtaining alcoholic liquor for a person less than 21 years of age.

§ 22-42.1 Open containers and consumption of alcoholic beverages prohibited in City-owned or operated parking lots, parking structures and on Kalamazoo Mall.

§ 22-43 Curfew for minors — Imposed; parents not to allow violations.

§ 22-44 Same — Arrest for violation; notice to parent and report to court.

§ 22-45 Same — Second violation.

§ 22-46 Vandalism prohibited.

§ 22-47 Penalty for vandalism.

§ 22-48 (Reserved)

§ 22-49 Removal of newspapers placed for pickup by City.

§ 22-50 Disturbing the peace.

§ 22-51 Establishment of police line or clear zone.

§ 22-52 Obstructing by disguise.

§ 22-53 Loitering.

§ 22-54 False alarms.

§ 22-55 Weapons in schools or other educational facilities.

§ 22-56 Loitering in places where controlled substances or drug paraphernalia are sold, dispensed.

§ 22-57 Consumption of alcoholic beverages in public places.

§ 22-58 Certain dangerous weapons other than firearms.

§ 22-59 Off-road vehicles.

§ 22-60 Access to firearms by minors.

§ 22-61 Forfeiture of weapons.

§ 22-62 Smoking ban in parking ramps.

§ 22-63 Facsimile firearms; definitions; prohibiting display of.

§ 22-64 Social gathering regulation and responsibility.

§ 22-65 Breaking and entering of motor vehicles.

§ 22-1 Attempted offenses.

Every person who attempts to commit an offense against the provisions of this Code or any rule or regulation promulgated pursuant to this Code, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense and shall be punished in the manner prescribed for the attempted offense itself.

§ 22-2 Procuring, aiding, etc., commission of offense.

Every person who procures, counsels, aids or abets another to commit an offense against any provisions of this Code or any rule or regulation promulgated pursuant to this Code shall be guilty of an offense and punished in the same manner as the person who committed the offense.

§ 22-3 Nuisances generally — Specified; unlawful to maintain; exceptions.

[P.S. Code § PS605; amended 5-19-1980 by Ord. No. 1201; 7-8-1985 by Ord. No. 1351; 8-17-1987 by Ord. No. 1422; 11-21-1988 by Ord. No. 1449; 4-22-1991 by Ord. No. 1513; 1-17-1996 by Ord. No. 1606; 12-2-1996 by Ord. No. 1630]
A. 
The following are hereby declared to be public nuisances; and it shall be unlawful for any person owning, occupying or in control of any lot or land, public or private, to allow, maintain or permit such nuisance to remain on such lot or land:
(1) 
Noxious weeds (as defined below) or any other weeds or grasses which have attained a height of 12 inches or more; unless said vegetation is a noxious weed, however, vegetation shall not be deemed to be a public nuisance if it is maintained.
(2) 
Any trash, garbage, rubbish, debris, waste or similar offensive or unsightly material.
(3) 
Any dead trees or shrubbery or any accumulation of dead vegetation, other than a managed compost and other than that which is properly placed for public or privately-contracted collection.
(4) 
Any materials constituting a haven or hiding or nesting place for rats.
(5) 
Any unfilled basements, excavations or holes that could be dangerous to children coming upon the property, unless fenced or protected in a manner approved by the City Manager or his duly authorized representative.
(6) 
Any substance which is:
(a) 
Classified as hazardous, toxicant, a pollutant or contaminant by the State of Michigan or the United States; or
(b) 
Named in or covered by the categorical pretreatment standards set by the United States; or
(c) 
Regulated by the Fire Code adopted by Chapter 15 of the Kalamazoo Code; or
(d) 
Required by the City of Kalamazoo to be pretreated under Chapter 28 of the Kalamazoo Code:
which is either left in an otherwise vacant building or abandoned or has been or is being used, possessed, maintained or disposed of in violation of any governing statute, ordinance, regulation, rule or order.
B. 
The remedies provided in §§ 22-4 and 22-5 of the Kalamazoo City Code are not exclusive. Civil and criminal action may be brought immediately upon violation of this section without the procedures of §§ 22-4 and 22-5 having first been followed.
C. 
The provisions of § 22-3A(1) shall not apply to any parcel larger than one acre if, for the first 25 feet from any adjacent property or roadway, the parcel complies with § 22-3A(1).
D. 
The provisions of Subsections A(1) and (3) shall not apply to any place designated as a park, preserved or open space.
E. 
Definitions. As used within this section, the following terms shall have the meanings indicated:
MAINTAINED
Ongoing care and attention, such as weeding, watering or trimming or any other affirmative acts which make it clear that the vegetation is not the result of mere neglect.
NOXIOUS WEEDS
Refers to poison ivy, poison sumac, poison oak, nettles and/or ragweed.
WEEDS
Any vegetation which is neither customarily planted or transplanted nor commercially sold for such use.

§ 22-4 Same — Investigations; notice to abate; hearing.

[P.S. Code § PS605.1 - PS605.3; amended 7-22-1985 by Ord. No. 1350; 8-17-1987 by Ord. No. 1422; 2-19-1990 by Ord. No. 1484; 4-22-1991 by Ord. No. 1513; 1-17-1996 by Ord. No. 1606; 12-2-1996 by Ord. No. 1630; 1-11-1999 by Ord. No. 1664[1]]
A. 
It shall be the duty of the City Manager or his or her duly authorized representative to enforce the provisions of § 22-3 and to make an investigation of all complaints of violation of § 22-3 and such other investigations in relation to the provisions of such section as may be deemed advisable. For such purpose, the City Manager or his or her duly authorized representative shall have authority to enter upon the premises of any public or private land within the City as reasonable times and under reasonable conditions.
B. 
The City Manager, or his or her duly authorized representative, is authorized to demand in writing that the owner or person in control of any land within the City remove or correct any condition constituting a violation of § 22-3 within 10 days of the date said notice is mailed (by regular mail) or personally served. Such notice shall be made to the address at which the violation exists (if there is an inhabited structure at said address) and, if different, to the address of the person shown as being the owner, as determined by reference to the City's most recent tax records. When the nuisance involves weeds [see § 22-3A(1) above], only one notice per calendar year need be sent by the City for any one address (which fact said notice shall so state).
C. 
Any person aggrieved by the terms of notice given pursuant to this section shall receive a full hearing in the office of the City Manager or his or her duly authorized representative at a mutually agreeable time or upon reasonable notice to the person owning or in control of such premises, so long as said person submits a written request for such a hearing to the City within the time the City allowed for the removal or correction of the condition. In determining whether such notice should be confirmed, the City Manager or his duly authorized representative shall take into consideration any and all hazards, nuisances or influences adverse to adjoining property or persons occupying the same and all factors detrimental to the health, safety, peace, morals and welfare of persons within or about the premises.
D. 
Notwithstanding the above, if a person receiving a violation notice [indicating abatement action may be taken by the City regarding § 22-3A(1)] believes that his or her vegetation does not constitute a public nuisance, that person may (within 10 days of the date said notice is mailed) request a hearing. The request shall be in writing and shall be submitted to the City Manager's office and shall set forth all of the reasons why the owner believes the vegetation at issue is not a public nuisance. The hearing shall be conducted by the Weed Committee (created below) and shall occur within 14 days of the receipt by the City of said request. The property owners within 200 feet of the subject property shall be advised of the hearing, which shall be open to the public.
(1) 
Said committee shall determine whether the vegetation at issue constitutes a public nuisance. Its written decision shall be rendered within 21 days of the receipt of said request. Said decision shall be mailed (first class) to the person who requested the hearing and forwarded to the City Manager, who may affirm, reverse or modify the committee's decision. If less than three members of the committee determine that the vegetation does not constitute a public nuisance, abatement action may be commenced five calendar days after the decision is mailed (unless the City Manager directs otherwise). If three or more members of the committee determine that the vegetation does not constitute a public nuisance, no abatement action may be taken (regardless of the City Manager's review) unless and until criminal action has been brought and a conviction obtained for violating § 22-3A(1).
(2) 
If less than three members of the committee determine that the vegetation at issue is not a public nuisance, the committee may allow the owner up to five calendar days to eliminate that vegetation which constitutes the public nuisance. The determination of whether the vegetation has been brought into compliance with this section shall be made (on or after the sixth day) by a City inspector, who shall communicate his/her determination to the committee's members. The inspector's determination shall stand unless a majority of the committee's members disagree.
E. 
For the purpose of carrying out the provisions of this section, a Weed Committee shall be created, the five members of which shall be appointed by the City Manager. The members shall include a representative from the Kalamazoo Nature Center, the City of Kalamazoo Parks and Grounds Department, the Environmental Concerns Committee, the City of Kalamazoo Administration, and a registered landscape architect. Appointment of said Committee members shall be for three-year terms, except that the initial appointments shall provide for three three-year terms and two two-year terms, so that subsequent appointments shall not occur at the same time. The Committee shall elect from its membership a chair and vice chair and such other officers as it deems advisable. The terms of the officers shall be for one year and they shall be eligible for reelection. The recording secretary will be furnished by the City to receive and distribute all meeting minutes and to perform other relevant functions. A majority of the members of the committee shall constitute a quorum. The Committee shall propose rules of procedure (including provisions for the establishment of alternate members) for approval by the City Manager.
F. 
The foregoing notice and hearing requirements shall not apply in the event that the public nuisance constitutes an immediate danger to the public health, safety or welfare or if the public nuisance is located upon public lands.
[1]:
Editor's Note: Ord. No. 1664 repealed former § 22-4F, regarding alternative forms of notice, and then amended former § 22-4G and renumbered it § 22-4F.

§ 22-5 Same — Abatement by City.

[P.S. Code §§ PS605.4, PS605.5; amended 7-22-1985 by Ord. No. 1350; 8-18-1987 by Ord. No. 1422; 8-21-1989 by Ord. No. 1467; 10-30-1989 by Ord. No. 1476; 2-19-1990 by Ord. No. 1484; 1-17-1996 by Ord. No. 1606]
A. 
If a condition in violation of § 22-3 is not removed or corrected within five business days after mailing or giving personal notice pursuant to § 22-4 or within five business days after confirmation of the notice at the hearing provided for in § 22-4 or recurs or continues to exist on or after May 14 after notice has been given pursuant to § 22-4B, the City Manager or his or her duly authorized representative is hereby authorized and empowered to arrange and pay for the removal of or correcting of such condition, either by a department of the City or by other, and immediately bill the expense thereof to the owner or person in control of such property. For such purpose, the City Manager or his duly authorized representative is hereby authorized and empowered to enter upon the premises of any such public or private land within the City at reasonable times and under reasonable conditions to accomplish the appropriate corrective action.
B. 
If any bill rendered pursuant to Subsection A shall remain due and unpaid for a period of 30 days after the bill is mailed, it shall thereafter accrue interest at the rate of 6% per annum from the date of the completion of the work ordered by the City Manager of his duly authorized representative; and the City Commission may, at its discretion, order the collection thereof by suit at law or may assess the same against the property; and such assessment shall constitute a lien upon the property from the date of completion of the work and may be billed as part of the tax applicable to the property.
C. 
If § 22-4E applies, the ten-day period of Subsection A and provisions of Subsection A, requiring notice prior to City correction or removal of the nuisance, shall not apply; but the remainder of Subsections A and B shall apply, and the City may abate the nuisance under Subsection A and obtain reimbursement as provided in Subsection B.

§ 22-6 Damaging or interfering with public property.

[P&L Code § PL716]
It shall be unlawful for any person to destroy, break or in any way interfere with any street light or other public property or sign of a public agency, in the City.

§ 22-7 Trespass upon lands or premises of another.

[P&L Code § PL226; amended 2-13-1984 by Ord. No. 1314; 4-30-1984 by Ord. No. 1320]
Any person who shall wilfully enter upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner, occupant or agent of either, or any person being upon the lands or premises of another, upon being notified to depart therefrom by the owner, occupant or agent of either, who, without lawful authority, neglects or refuses to depart therefrom shall be guilty of a misdemeanor. Any person who wilfully enters on any property which is posted against trespassing in a conspicuous manner is guilty of a misdemeanor.

§ 22-8 Being on property of another at night without lawful business; window peeping.

[P&L Code § PL221; amended 3-4-2002 by Ord. No. 1733]
A. 
Any person who shall stand, prowl or enter the private property of another in the nighttime without lawful business with the owner or occupant, shall be guilty of a misdemeanor.
B. 
Any person who, while standing, prowling or entering the private property of another, in the day or nighttime, without lawful business with the owner or occupant, looks or peeps in the windows or doors of any inhabited building, house or structure located thereon, shall be guilty of a misdemeanor.

§ 22-9 Spitting on sidewalks or floors of public conveyances and places.

[P&L Code § PL216]
No person shall spit upon any public sidewalk or upon the floor of any public place, public passenger conveyance or place open to the public within the City except into receptacles placed there for such purpose.

§ 22-10 Littering.

[P&L Code § PL217; amended 9-3-1974 by Ord. No. 1029; 10-28-1985 by Ord. No. 1362]
A. 
It is unlawful for a person knowingly, without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of any refuse, debris or other litter on public or private property. It is unlawful for a person who removes a vehicle, wrecked or damaged in an accident on a highway, road or street, to fail to remove all glass and other injurious substances dropped on the highway, road or street as a result of the accident.
B. 
In a proceeding for a violation of this section involving litter from a motor vehicle, proof that the particular vehicle described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant was the registered owner of the vehicle at the time of the violation, constitutes in evidence a presumption that registered owner of the vehicle was the driver of the vehicle at the time of the violation.
C. 
The driver of a vehicle is presumed to the responsible for refuse, debris or litter which is thrown, dropped, dumped, deposited, placed or left from the vehicle on public or private property.

§ 22-11 Covering or fencing of dry wells, cisterns and cesspools.

[P&L Code § PL715.1]
Any person owning or in possession, under any instrument or other agreement giving such person legal control of real estate upon which there is any dry well, cistern or cesspool without a proper cover shall cover or fence in such dry well, cistern or cesspool within 15 days after the same becomes apparent so that persons shall be protected from death or injury by reason of such dry well, cistern or cesspool.

§ 22-12 Abandoned refrigerators and similar containers.

[P&L Code §§ PL715.2, PL715.2A]
A. 
No person shall permit or suffer to remain in the City, at any place where children might have access thereto, any abandoned, discarded or unattended refrigerator, cooler, chest, cabinet or other similar equipment, without first removing the doors or the locks or latches or without first taking other precautions to effectively prevent children from being inadvertently or otherwise locked therein.
B. 
The City Manager is hereby authorized to offer a reward of not to exceed $5 to any person for information leading to the arrest and conviction of any person on a charge of violating this section.

§ 22-12.1 (Reserved) [1]

[1]:
Editor's Note: Former § 22-12.1, pertaining to parking/storage of vehicle in front yard, as amended, was repealed 1-29-1990 by Ord. No. 1483. For current, related provisions, see § 36-186.

§ 22-13 Inoperable or wrecked motor vehicles and vehicle parts.

[P&L Code §§ PL501 - PL503, PL506; amended 3-11-1991 by Ord. No. 1510; 3-15-2004 by Ord. No. 1767]
A. 
No person shall park, store, abandon, discard or permit to remain on any premises in the City, including a public or private right-of-way or street or any public property, any inoperable, wrecked, or partially dismantled motor vehicle or a part of a motor vehicle, except where permitted by the Zoning Ordinance and except as otherwise provided in this section. The absence of current license plates shall create a rebuttable presumption that a vehicle is inoperable. This section shall not apply to a motor vehicle or part thereof in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. For purposes of this section, "inoperable vehicle" means a vehicle that does not mechanically operate and/or a vehicle whose condition is such that it cannot lawfully be operated upon the streets of this City. Reference below to the stickering and towing of vehicles in all ways also applies to the removal of parts of a motor vehicle.
B. 
The presence of any inoperable, wrecked, or partially dismantled vehicle, or parts or tires of motor vehicles, on any premises contrary to this section is hereby declared to be a public nuisance. As such, the City may take reasonable action to abate the nuisance, including having the vehicle towed away from the premises. Such towing shall not occur less than 10 days after a sticker has been affixed to the vehicle, which sticker shall state that the vehicle is in violation of this section and that it may be towed if the situation is not remedied. In the event a vehicle is towed, the owner of the vehicle shall be responsible for reasonable towing and storage charges. In addition, an administrative fee may also be assessed by the City in amounts determined by resolution by the City Commission. Said fee, in a lesser amount when a vehicle is only stickered and in a greater amount when the vehicle is thereafter towed, may be assessed against those persons described in Subsection E below. The fee shall not be assessed when a vehicle is stickered but thereafter determined by the City to not have been in violation.
C. 
A vehicle which is stickered and thereafter brought into compliance, but which is thereafter in violation of this section within 60 days of the initial stickering shall be subject, without further stickering, to abatement action, including towing.
D. 
The time limits specified in this section may be extended for further periods upon issuance of a special permit by the City Manager, or his or her designee, in cases where undue hardship would be caused by strict enforcement.
E. 
Any person who violates this section and is the owner of or has charge, custody or control of a vehicle about which abatement action has been taken, and/or who resides at the site of such a vehicle and has control of the premises shall be deemed guilty of a misdemeanor. The administrative fee described above may be assessed against any such person and/or against the nonresident owner of the premises if the City first mails a notice of violation and possible assessment to said person at his/her last known address at least 10 days prior to the abatement activities.
F. 
In addition to any other fine or cost, the court shall order a person convicted of violating this section to pay the City the amount of the administrative fee if said fee has been assessed against that person. If an administrative fee remains unpaid 30 days after it has been assessed, it shall thereafter accrue interest at the rate of 6% per annum from the date of the assessment. Further, if the person assessed both owns and resides at the site, or owns but does not reside at the site but was provided written notice as described above, an unpaid administrative fee shall constitute a lien upon the property and may be billed as part of the tax applicable to the property.

§ 22-14 Restriction on use of barbed wire/electric fences.

[P&L Code § PL721; amended 9-21-1998 by Ord. No. 1659]
A. 
No person shall use or place barbed wire on any fence, barrier or other structure within six feet of the ground in any place in the City.
B. 
No person shall use or place, or allow to be used or placed upon their property, an aboveground fence which is charged with or otherwise carries an electrical current.

§ 22-15 Fraud generally.

[P&L Code § PL208]
All persons who stand, loiter or stroll about in any place in the City, awaiting or seeking an opportunity to obtain money or other valuable thing from others by trick or fraud, or to aid or assist therein; all persons who engage in any fraudulent scheme, device or trick to obtain money or other valuable thing, in any place in the City, or who aid or abet, or in any manner are concerned therein; or who shall engage in any such practice in any public street in the City shall be deemed guilty of a misdemeanor.

§ 22-16 False or fraudulent statements for purpose of obtaining welfare or relief benefits.

[P&L Code § PL604]
No person shall make any false or fraudulent statement or representation to any officer, agent or employee of the City, or to any officer, agent or employee of any other corporation, firm, association or other organization organized for charitable, benevolent, social or public welfare, or poor relief purposes, with intent to obtain therefrom any money, goods, food, fuel, clothing, rent, supplies or other property, or other poor relief.

§ 22-17 Phrenology, fortune-telling, etc.

[P&L Code § PL218]
No person shall engage in the business or practice of phrenology, palmistry, or the telling of fortunes, or prognosticating or prophesying the future of other persons, for hire or other pecuniary compensation, or rent or lease any dwelling house or building knowing that the lessee or renter is engaged in any such business or practice.

§ 22-18 Begging; panhandling; soliciting.

[P&L Code § PL219; amended 8-21-2006 by Ord. No. 1811]
A. 
The following words and phrases apply to this section:
PUBLIC PLACE
A place where a governmental entity has title, to which the public has access, including but not limited to any sidewalk, street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
SOLICITING
Asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. "Soliciting" shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
B. 
No person shall solicit in or on private property without first obtaining the permission from the owner or person in lawful control or possession of such property.
C. 
No person shall solicit in or on a public place:
(1) 
While under the influence of alcohol or a controlled substance;
(2) 
In any public transportation vehicle, such as a bus or train, nor within 20 feet of where such a vehicle takes on or releases passengers, nor within 20 feet of any bus stop;
(3) 
At the intermodal transit center;
(4) 
In any public parking lot, parking ramp, or public building, including under any open-air structure such as a canopy;
(5) 
Within 20 feet of a public toilet;
(6) 
Within 20 feet of any entrance or exit of a bank, credit union, or an automated teller machine (when an automated teller machine is located within a structure, the 20 feet shall be measured from the entrance or exit of the structure);
(7) 
From an operator or other occupant of a motor vehicle;
(8) 
By stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need;
(9) 
As part of a group of two or more persons;
(10) 
After sunset nor before sunrise;
(11) 
Within 10 feet of an entrance to a building;
(12) 
From a child who the solicitor knows or reasonably should know is under the age of 16 years; or
(13) 
In an aggressive manner, which includes:
(a) 
Approaching or speaking to a person, or following a person before, during or after soliciting in a manner that is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;
(b) 
Continuing to solicit from a person after the person has given a negative response to such soliciting;
(c) 
Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;
(d) 
Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(e) 
Using violent, profane, or threatening gestures or language toward a person solicited, before, during, or after the act of solicitation;
(f) 
Conspicuously following the person to be solicited or who has been solicited;
(g) 
Speaking in a volume unreasonably loud under the circumstances; or
(h) 
Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.

§ 22-19 Impeding pedestrian or vehicular passage.

[P&L Code § PL207; amended 4-13-1981 by Ord. No. 1222]
Any person or persons who, on any street, sidewalk, or any other place open to the public, do any act which hinders or impedes, or tends to hinder or impede, the passage of pedestrians or vehicles and refuse to cease and desist such acts when ordered to do so by a police officer or public safety officer, or other person in charge of the property, shall be guilty of a misdemeanor.

§ 22-20 Resisting or interfering with a public safety officer or other duly authorized person.

[Amended 3-15-1993 by Ord. No. 1554]
It shall be unlawful for any person to:
A. 
Knowingly or wilfully obstruct, resist, interfere with and/or oppose, by physical or nonphysical means, any public safety officer, police officer, or other duly authorized person while said officer or person was engaged in lawful acts, attempts and efforts in the enforcement or execution of any law, ordinance, rule, order, or resolution made, issued, or passed by lawful authority.
B. 
Knowingly or wilfully obstruct, resist, interfere with, and/or oppose, by physical or nonphysical means, any public safety officer, police officer, or other duly authorized person, in serving or attempting to serve or execute any civil or criminal process, rule or order made, issued, or passed by lawful authority.
C. 
Knowingly or wilfully failing to obey the lawful order or command of a public safety officer, when such person knows or should know said officer to be a member of the Department of Public Safety or any other police agency.
D. 
Knowingly or wilfully interfere with, and/or oppose, by physical or nonphysical means, any public safety officer, firefighter, medical technician, or other duly authorized person while in the performance of his or her duties or while attempting to aid an injured or ill person, reduce a hazardous condition, or meet the needs of an emergency.
E. 
Flee or attempt to flee a public safety officer or police officer when said officer is lawfully enforcing or attempting to enforce any civil or criminal law, ordinance, or rule.
F. 
Knowingly give false or misleading information to a public safety officer or police officer while said officer is in the performance of his or her lawful duties.

§ 22-21 Loitering around police station; interfering with operation of Department of Public Safety or court.

[P&L Code § PL210]
No person shall stand, loiter or stroll in or around any police station or, in any way, interfere with the operation of the Department of Public Safety or any court in the City.

§ 22-22 (Reserved) [1]

[1]:
Editor's Note: Former § 22-22, relative to interfering with police or ambulance personnel, was repealed 10-31-1983 by Ord. No. 1296.

§ 22-23 Impersonating City policeman, fireman, public safety officer or inspector.

[P&L Code § PL603]
It shall be unlawful for any person, not a policeman, fireman or inspector of the City, to wear, in the City, or to use, as a means of obtaining entrance in any dwelling house, home, apartment or residence within the City, the distinctive hat, uniform or badge, or any hat, uniform or badge similar to the hat, uniform or badge approved by the City Manager for the purpose of designating policemen, firemen, or public safety officers, and inspectors, or in any other way to use such hat, uniform or badge for gaining entrance into any dwelling, house, home, apartment or residence within the City.

§ 22-24 Impersonating meter readers.

[P&L Code § PL602; P.S. Code § PS402.1]
It shall be unlawful for any person, not an employee or owner of any institution, corporation or public utility furnishing electricity, water, steam, gas or any other commodity measured by meter to the people of the City, to wear, in the City, or to use, as a means of obtaining entrance in any dwelling house, home, apartment or residence within the City, the distinctive hat or uniform or any hat or uniform similar to the hat or uniform approved by the City Manager for the purpose of designating the occupation of the person engaged in the reading, testing or inspecting of meters in the City, or in any other way to use the hat or uniform, or both, or the identification card issued to persons engaged in the occupation of reading, testing or inspecting meters in the City for gaining entrance into any dwelling house, home, apartment or residence within the City.

§ 22-25 Petty larceny.

[P&L Code § PL222]
Any person who takes or steals of the property of another any money, goods, chattels or other thing of value, if the property stolen shall be of the value of less than $100, shall be deemed guilty of a misdemeanor.

§ 22-26 Breaking into coin-operated machines or devices.

[P&L Code § PL222.2]
Any person who, without lawful authority, breaks or enters into any coin-operated telephone or any pinball machine, jukebox, vending machine, parking meter or similar coin-operated machine or device, for any reason, shall be deemed guilty of a misdemeanor.

§ 22-27 Retail fraud.

[P&L Code § PL223; amended 10-17-1988 by Ord. No. 1448; 7-16-2012 by Ord. No. 1898]
A. 
A person who does any of the following in a store or its immediate vicinity, if the property at issue has a value of less than $200, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500:
(1) 
While a store is open to the public, alters, transfers, replaces, conceals or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale.
(2) 
While a store is open to the public, steals property of the store that is offered for sale.
(3) 
With the intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store.

§ 22-28 Dust emission from industrial or commercial establishments.

[P&L Code §§ PL1212.1, PL1212.2]
A. 
It shall be unlawful for any person in charge or control of, or having general supervision of, the management and operation of any factory, mill or other industrial or commercial establishment in the City, to operate such establishment, or allow or permit it to be operated, in such manner that dust of any kind or character shall be emitted therefrom in such quantity or in such manner as to be dangerous, deleterious or harmful to the health and well-being of any person living, working or being in the vicinity thereof, or in such quantity or in such manner as to cause damage or injury to any property located in the vicinity thereof, or in such quantity or in such manner as to be in fact a nuisance.
B. 
It shall be the duty of the building division of the department of community development to enforce the provisions of this section and to make investigation of all complaints of violation hereof and such other investigations in relation to the provisions hereof as may be deemed advisable. For such purpose, the building official or any other duly authority City official or employee shall have authority to enter upon the premises of any such factory, mill or other industrial or commercial establishment at a reasonable time and under proper circumstances.

§ 22-29 Weapons violation. [1]

[P&L Code § PL401]
It shall be unlawful for any person to shoot or discharge any sling shot, air gun, air rifle, pistol, revolver, shotgun, rifle or other gun, firearm or weapon within the limits of the City, except by permission of the chief of police.
[1]:
Editor's Note: The title of § 22-29 was changed at the direction of the City, to indicate that § 22-29 includes more than firearms.

§ 22-30 Assault, fighting, etc.

[P&L Code § PL215]
Any person who shall willfully assault another in any place in the City, or be engaged in or aid or abet in any fight, quarrel or other disturbance in the City, shall be deemed guilty of a misdemeanor.

§ 22-31 Accosting, molesting, etc., others.

[P&L Code § PL202; amended 4-28-1975 by Ord. No. 1049]
No person shall, in any public or private place, accost, molest, or wrongfully touch any other person.

§ 22-32 Improper advances, gestures, etc., to people.

[P&L Code § PL221.1; amended 3-14-1994 by Ord. No. 1569]
Any person who shall loiter about or enter on the premises of any railroad company, bus terminal, bus station or any other public place, with the intention of annoying any person, or who shall make any threatening gestures toward any person, or who shall place any person in fear of any improper conduct by such person, shall be deemed guilty of a misdemeanor, without regard to whether or not such conduct on the part of the person so loitering about or entering upon such premises shall constitute a technical assault. The provisions of this section shall be liberally construed to the end that persons shall be free from any improper advances, gestures or spoken words by or on the part of any such person.

§ 22-33 Obscene or profane language or gestures.

[P&L Code § PL202(a); amended 4-28-1975 by Ord. No. 1049]
It shall be unlawful for any person to use any obscene or profane language or gesture in the presence of others in any public or private place within the City.

§ 22-34 Indecent exposure.

[P&L Code § PL203; amended 4-28-1975 by Ord. No. 1049]
No person shall make any indecent exposure of his or her person in any public place or within public view.

§ 22-34.1 Public urination.

[Added 4-21-1997 by Ord. No. 1634]
A. 
Except where a rest room is used, it shall be unlawful for any person to urinate or defecate:
(1) 
While on or in any public street, sidewalk, alley, park, parking lot, parking structure, public carrier or any other place open to the public; or
(2) 
While on or in any private property when said act is open to public view; or
(3) 
While on or in the private property or another without the consent of the owner.

§ 22-35 Selling or exhibiting indecent or obscene pictures, books, etc., to minors.

[P&L Code § PL204]
It shall be unlawful for any person to show, sell or offer for sale or exhibit any indecent or obscene pictures, drawing, engraving, book or pamphlet to any person under the age of 18 years.

§ 22-36 Prostitution; engaging services for prostitution; admitting to place for purposes of prostitution; letting and leasing; aiders and abettors; reimbursement of police response expenses; public nuisances.

[P&L Code §§ PL211 - PL211.2; amended 3-14-1994 by Ord. No. 1570; 3-4-2002 by Ord. No. 1732; 7-7-2003 by Ord. No. 1758; 7-6-2004 by Ord. No. 1773]
A. 
Any person who shall accost, solicit or invite another person 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, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
B. 
Any person who walks, strolls or loiters about for lewd or immoral purposes or for the purposes of enticing others to commit prostitution, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
C. 
Any person who engages or offers to engage the services of a person for the purpose of prostitution, lewdness or assignation, by the payment in money or other forms of consideration, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
D. 
Any person who shall receive or admit or offer to receive or admit any person into any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, or who shall knowingly permit any person to remain in any such place for any such purpose, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
E. 
Any person who shall knowingly let or lease any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, or who shall knowingly permit said lessee to use the same for such purpose, or who shall knowingly receive any rent or other consideration for any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
F. 
Any person who shall aid, assist or abet another to commit, or offer to commit, any act prohibited in this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
G. 
Any person who is on probation or on bond for a violation of any part of this section or a state statute or other municipal ordinance which is substantially similar to this section, and is found to be in violation of the terms of such probation or bond, may be immediately arrested.
H. 
Cost recovery for violation of this section.
(1) 
Any person in violation of any subsection of § 22-36 shall be liable to the City of Kalamazoo for the costs of the police response involved in the investigation of the incident leading up to the arrest or charging of the defendant, including, but not limited to: The salaries or wages, including overtime pay, of public safety or other City personnel for time spent responding to the incident, including arresting the individual or preparing charges, processing the individual after an arrest, preparing reports on the incident and investigating the incident and incarceration costs and medical costs of the inmate.
(2) 
All expenses of a police response shall be a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied; except that liability for the expenses provided for in this section shall not be insurable, and no insurance policy shall provide or pay for any of the expenses. This section shall be construed to be a responsibility and liability of a civil nature on the part of the person and shall not be construed to conflict, contravene or enlarge or reduce any criminal liability or responsibility, and shall not be a substitute for any criminal liability, including fines or costs imposed by a judge for a violation of § 22-36.
(3) 
The City Commission may adopt by resolution a schedule of the costs included within the expenses of a police response pursuant to this section.
(4) 
After receiving itemized costs incurred for a police response, the Public Safety Department shall submit a bill for those costs by first-class mail or personal service to the person liable for these expenses under this section. Said bill shall require full payment within 30 days from the date of service.
(5) 
If the individual described in this section fails to pay the bill within 30 days of service, then the City Attorney may commence a civil action to recover the expenses of the police response and any costs of the litigation allowed by law.
I. 
Kalamazoo Department of Public Safety officers are authorized to seize any vehicle or other personal property used for the purposes of soliciting or committing any acts prohibited by this section pursuant to the Public Nuisance Act, MCLA § 600.3801 et seq., as amended. The Department of Public Safety is authorized at its discretion to release any vehicle which has been seized to the owner upon payment of a sum to be determined by the Chief of Public Safety. Further, the Office of the City Attorney is authorized to maintain an action to abate a nuisance and to have the vehicle or property forfeited under the Public Nuisance Act, MCLA § 600.3801 et seq., as amended, and to name a Kalamazoo Department of Public Safety officer as the plaintiff pursuant to MCLA § 600.3805, as amended.

§ 22-37 Gambling and gambling houses.

[P&L Code §§ PL1208, PL211.2, PL214, PL214.1]
A. 
It shall be unlawful for any person to engage in any form of gambling within the City.
B. 
No person shall, directly or indirectly, keep or occupy, or assist in keeping or occupying, or maintain or let to another any common gambling house or any building or place where gaming is permitted or suffered, or suffer or permit, on any premises owned, occupied or controlled by him, any apparatus used for gaming or gambling in any place within the City.
C. 
It shall be unlawful for any person to loiter, congregate or be found in any house or other place where gambling is taking place.

§ 22-38 Keeping or frequenting place used for illegal sale of liquor.

[P&L Code § PL214]
Any person who shall keep or maintain a place where liquor is sold illegally or any person who shall loiter, congregate or be found in any room or place where liquor is sold illegally shall be deemed guilty of a misdemeanor.

§ 22-39 Marijuana possession; penalty [1]

[Added 10-1-2012 by Ord. No. 1904]
A. 
No person shall knowingly or intentionally possess marijuana except as authorized by law.
B. 
As used in this section, "marijuana" shall have the same meaning as the definition of “marihuana” as set forth in section 7106 of the Michigan Public Health Code, MCLA 333.7106.
C. 
This section shall be construed and enforced in a manner consistent with Section 198 of the City Charter.
D. 
This section may be enforced by issuance of an appearance ticket in lieu of arrest pursuant to MCLA 764.9c.
E. 
Penalty for violation.
(1) 
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(2) 
When a person who has not previously been convicted of a violation of this section, or a state or federal statute substantially corresponding to this section, pleads guilty to or is found guilty of a violation of this section, the court, without entering a judgment of guilt, with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed at MCLA 711.3c. The terms and conditions of probation may include participation in a drug treatment court. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed to impose sentence. Upon fulfillment of the terms and conditions of the court-imposed probation, the court shall discharge the individual and dismiss the proceedings. Any discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime; however, there may only be one discharge and dismissal under this section as to an individual. The intent of this subsection is to provide the same options to an individual who violates this section as exists at section 7411 of the Public Health Code, MCLA 333.7411.
[1]:
Editor's Note: Former § 22-39, concerning public drunkenness, derived from P&L Code § PL212.1, was repealed 4-12-1982 by Ord. No. 1254.

§ 22-40 Being under influence of controlled substance or drug in public.

[P&L Code § PL212.2]
No person shall be under the influence of any controlled substance or drug in any public place. For the purposes of this section a "controlled substance" is deemed to be any narcotic, opiate, barbiturate, amphetamine, methamphetamine, hallucinogen, D-Lysergic acid, mescaline, marijuana (Cannabis sativa), cocaine, or any derivative of the above indicated substances, whether synthetic or not, or any other controlled substance which is defined as such by the Controlled Substances Act, Act No. 196 of the State of Michigan Public Acts of 1971.[1]
[1]:
Editor's Note: PA 1971, No. 196, was repealed by PA 1978, No. 368. See now MCLA § 333.7101 et seq.

§ 22-41 Drug paraphernalia.

[Amended 2-16-1987 by Ord. No. 1403[1]]
A. 
Any person who shall sell, offer, give, or otherwise dispense drug paraphernalia shall be guilty of a misdemeanor.
B. 
Definitions. The following words, terms, and phrases shall, for the purposes of this section, have the following meanings:
DRUG PARAPHERNALIA
Any item which is used or intended for use with a controlled substance.
CONTROLLED SUBSTANCE
Defined as it is in the Controlled Substances Act of the State of Michigan, MCLA § 333.7101 et seq., as amended.
USED OR INTENDED FOR USE WITH A CONTROLLED SUBSTANCE
At the time the defendant sold, offered, gave, or otherwise dispensed the item, either:
(1) 
The item was primarily designed or adapted, because of its objective physical features, for use with a controlled substance; or
(2) 
The item was intended by the defendant for use with a controlled substance; or
(3) 
The defendant knew or, because of the information known to him, should have known that the recipient intended to use the item with a controlled substance.
C. 
This section shall not apply to persons licensed by the State of Michigan to engage in the activity prohibited by Subsection A above.
[1]:
Editor's Note: Section 1 of Ord. No. 1403 directed that a new § 22-54, pertaining to the sale of drug paraphernalia, be added to the Code. Said section has been included, at the editor's discretion, as § 22-41 for purposes of classification.

§ 22-42 No person under 21 shall purchase, consume or possess alcohol and no person shall furnish or use fraudulent identification for the purpose of obtaining alcoholic liquor for a person less than 21 years of age.

[P&L Code § PL213.2; amended 3-19-1979 by Ord. No. 1153; 5-4-1998 by Ord. No. 1652; 11-2-2009 by Ord. No. 1860]
(1) 
A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided by law. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in MCLA 436.1909:
(a) 
For the first violation, a fine of not more than $100, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in MCLA 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4).
(b) 
For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection, a violation of MCLA 436.1703 as amended, or its predecessor, or another local ordinance substantially corresponding to MCLA 436.1703 as amended or its predecessor, by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in MCLA 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4).
(c) 
For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection, a violation of MCLA 436.1703 as amended or its predecessor, or another local ordinance substantially corresponding to MCLA 436.1703 as amended, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in MCLA 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4).
(2) 
A person who furnishes fraudulent identification to a minor, or, notwithstanding Subsection (1), 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, or both.
(3) 
When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of Subsection (1) pleads guilty to a violation of Subsection (1), the court, without entering a judgment of guilt in a criminal proceeding and with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions as set forth in MCLA 436.1703, as amended.
(4) 
The court may order the person convicted of violating Subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in MCLA 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. The court may order a person subject to a conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (1) to submit to a random or regular preliminary chemical breath analysis. In the case of a minor under 18 years of age not emancipated under MCLA 722.1 to 722.6, the parent, guardian, or custodian may request a random or regular preliminary chemical breath analysis as part of the probation.
(5) 
(Reserved)
(6) 
A public safety officer or a peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may request that a person voluntarily consent to a preliminary chemical breath analysis, but the officer shall not require the person to submit to a preliminary chemical breath analysis. A peace 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 person less than 21 years of age has consumed or possessed alcoholic liquor.
(7) 
A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under MCLA 722.1 to 722.6 allegedly consumed, possessed or purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (1), shall notify the parent or parents, 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 be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated Subsection (1) is less than 18 years of age and not emancipated under MCLA 722.1 to 722.6. 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.
(8) 
through (13) (Reserved)
(14) 
In a criminal prosecution for the violation of Subsection (1) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal. Further, this section shall not apply to any consumption of alcohol expressly permitted by MCLA 436.1703, as amended.
(15) 
As used in this section, "any bodily alcohol content" means either of the following:
(a) 
An alcohol content of 0.02 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) 
Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

§ 22-42.1 Open containers and consumption of alcoholic beverages prohibited in City-owned or operated parking lots, parking structures and on Kalamazoo Mall.

[Added 11-6-1978 by Ord. No. 1146]
A. 
A person shall not possess any alcoholic liquor, as that term is defined in the Michigan Liquor Control Act, in a container which is open, uncapped or upon which the seal is broken, or consume any said alcoholic liquor in any City-owned or operated parking lot or parking structure; provided, however, that said alcoholic liquor may be sold, possessed and consumed in such a parking lot or parking structure during the period of a special license, with the specific approval of the City Commission and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.
B. 
A person shall not possess any alcoholic liquor, as that term is defined in the Michigan Liquor Control Act, in a container which is open, uncapped or upon which the seal is broken, or consume any said alcoholic liquor on the Kalamazoo Mall, as that term is defined in § 19-2 of the Kalamazoo Code of Ordinances; provided, however, that said alcoholic liquor may be sold, possessed or consumed on the Kalamazoo Mall during the period of a special license with the specific approval of the City Commission and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.

§ 22-43 Curfew for minors — Imposed; parents not to allow violations.

[P&L Code §§ PL301, PL302; amended 5-5-2008 by Ord. No. 1840]
A. 
It shall be unlawful for any minor under the age of 17 years to be in or on any street, alley or public place in the City between the hours of 12:00 midnight and 6:00 a.m., unless such person is:
(1) 
Accompanied by a parent or guardian or other person having legal custody and control of such minor;
(2) 
In the performance of an errand or duty directed in writing by his or her parent, guardian or other person having care or custody of such minor;
(3) 
In the performance of employment directed in writing by his or her employer;
(4) 
Returning directly home from attending a special entertainment of an instructive or beneficial character, for the attendance at which such minor shall have received permission, in writing, from his or her parent, guardian or other person having custody and control of the minor; or
(5) 
Operating a motor vehicle within the scope of his or her license.
B. 
Notwithstanding the provisions of Subsection A above, it shall be unlawful for any minor under the age of 12 years to be in or on any street, alley or public place in the City between the hours of 10:00 p.m. and 6:00 a.m. unless such minor is accompanied by his or her parent, guardian or other person having custody and control of the minor.
C. 
It shall be unlawful for any parent, guardian or other person having custody and control of the minor to allow such minor to violate this section, and for any person 17 years or older to assist, aid, abet or encourage a minor to violate this section.

§ 22-44 Same — Arrest for violation; notice to parent and report to court.

[P&L Code §§ PL303 - PL305]
A. 
Each member of the police force is hereby authorized to arrest, without warrant, any minor within his presence violating any provision of § 22-43. If such minor has not previously been so arrested, the police officer shall remove such minor to his home and place him in the charge of any parent, guardian or other person having the legal custody of such minor, or any other person over the age of 18 years, being a member of the family of such minor, who shall be upon the premises. If no such parent, guardian, person having the custody of such minor or member of the family over 18 years of age is upon the premises when such minor is returned, the officer shall make disposition as directed by a judge or agent of the county juvenile court.
B. 
Whenever any minor is arrested under this section, written notice shall be given to the parent, guardian or other person having legal care or custody of such minor, such notice to be by personal service, or by leaving a copy thereof at his place of residence and informing any person upon the premises of suitable age and understanding of the contents thereof. Such notice shall be in substantially the following form:
To
You are hereby notified that on the
day of
, A.D.
, your minor child named
, was arrested for being upon the streets of the City of Kalamazoo in violation of § 22-43 of the Code of Ordinances of the City of Kalamazoo, a copy of which is printed upon the back of this notice.
You are further notified that you shall see to it that said child shall, in the future, observe the provisions of said section, and for failure to do so, you shall be liable to the penalty provided for the violation of said section.
Chief of Police
Upon the back of every such notice, § 22-43 shall be printed in full.
C. 
When any minor is arrested for violating § 22-43, the Police Department shall report, in writing, to the judge of the juvenile court of the county, the name of such minor, the date of the arrest and the name of the person upon whom the notice provided for in this section was served, and shall enter a record thereof in the office of the Police Department.

§ 22-45 Same — Second violation.

[P&L Code § PL306]
Whenever a minor is arrested a second time for violation of § 22-43, it shall be the duty of the Police Department to seek a petition against such minor in the juvenile court, and further, to seek a warrant for any parent, guardian or other person having legal custody of such minor.

§ 22-46 Vandalism prohibited.

[Amended 5-15-1978 by Ord. No. 1133]
A. 
It shall be unlawful for any person to commit an act of vandalism within the City of Kalamazoo.
B. 
"Vandalism" shall mean the intentional destruction, damage, or defacement of any public or private property, real or personal, without the consent of the owner or person having lawful custody of said property. The said offense shall include, but not be limited to, actions taken by cutting, tearing, breaking, marking, painting, or drawing when such actions have the effect of destroying, damaging, or defacing said property.

§ 22-47 Penalty for vandalism.

[Amended 5-15-1978 by Ord. No. 1133]
A. 
First offense. Any person found guilty of committing vandalism shall be punished by a fine of not less than $10 nor more than $500 and/or 90 days in jail, for the first offense.
B. 
Second and subsequent offenses. Any person found guilty of committing vandalism for the second time, or any subsequent time thereafter, within any two-year period, shall be fined not less than $100 nor more than $500, and shall be incarcerated in the City or county jail for a period of not less than two nor more than 90 days.
C. 
Restitution. In addition to or in lieu of the fine and/or incarceration provided in Subsections A and B above, any person found guilty of committing vandalism may be ordered by the court to make prompt restitution to the owner or person having lawful custody of said damaged property, by monetary payment or property repairs.

§ 22-48 (Reserved)

§ 22-49 Removal of newspapers placed for pickup by City.

[Amended 5-30-1978 by Ord. No. 1134]
When waste newspapers are deposited by the owner, lessee or occupant of a dwelling for pickup by the City of Kalamazoo, it shall be unlawful for any person other than said owner, lessee or occupant of said dwelling, or designated City employee or agent, to pick up or remove said newspapers.

§ 22-50 Disturbing the peace.

[Amended 4-13-1981 by Ord. No. 1222]
Any person or persons who shall make, or assist in making, any noise, disturbance, trouble, disorderly conduct, or do any other act which disturbs the peace shall be guilty of a misdemeanor.

§ 22-51 Establishment of police line or clear zone.

[Amended 4-13-1981 by Ord. No. 1222]
A. 
When any fire, accident, explosion, parade, calamity, public disturbance or other occasion causes or may cause persons to collect on the public streets, sidewalks or other areas of the City, the chief of public safety or officer acting for him may establish a police line or zone as may be necessary for the purpose of affording a clearing for:
(1) 
The protection of persons and property;
(2) 
Police officers, firemen, or public safety officers, and emergency medical personnel; and other personnel performing operations in accordance with their duties;
(3) 
The exclusion of the public from the vicinity of a fire, accident, explosion, calamity, other emergency or public disturbances;
(4) 
The passage of a parade;
(5) 
The movement of traffic.
B. 
Any person who shall knowingly cross any such line, knowingly enter into any such zone, or remain in any such zone after being requested to leave, shall be guilty of a misdemeanor. Provided, that bona fide and properly identified representatives of the press and media, residents of said zone, and such other persons as the chief of public safety or officer acting for him may authorize to cross such lines or be within such zone, may be permitted to cross such lines or enter into such zone, and may remain in such zone so long as they will not and do not interfere with emergency personnel performing their duties.
C. 
Every person present within such zone shall comply with any necessary order or instruction of any police officer and any person who refuses to comply with the necessary order of a police officer shall be guilty of a misdemeanor.

§ 22-52 Obstructing by disguise.

[Amended 10-28-1985 by Ord. No. 1363]
Any person who shall in any manner disguise himself or herself, or provide a false or fictitious name to a police officer or public safety officer, with intent to obstruct said officer in the performance of his or her duty, or with intent to intimidate, hinder or interrupt any police officer or public safety officer or any other person in the lawful performance of their duty or the exercise of any rights under the constitution and laws of this state or the ordinances of the City of Kalamazoo, whether such intent be effected or not, shall be guilty of a misdemeanor.

§ 22-53 Loitering.

[Amended 4-13-1987 by Ord. No. 1411]
A. 
No person shall loiter on the streets, sidewalks, or any other public place or place open to the general public in such a manner as to:
(1) 
By words or conduct, harass, assault, molest or intimidate any other person;
(2) 
Interfere with any person's use of said streets, sidewalks, public places, or places open to the general public after having been requested to cease such interference by a police or public safety officer; or
(3) 
Create a reasonable belief that a breach of the peace is imminent or a reasonable concern for the safety of persons or property in the vicinity.
B. 
Among the circumstances which may be considered in determining whether there is a reasonable belief that a breach of the peace is imminent or a reasonable concern for the safety of persons or property is the fact that the person takes flight upon appearance of a police officer or endeavors to conceal himself or any object.
C. 
Prior to any arrest under Subsection A(3) above, an officer must allow a person an opportunity to dispel any concern or belief which would otherwise be warranted by requesting the person to explain his or her presence and conduct, unless flight by the person or other circumstances makes it impracticable or futile.
D. 
No person shall be convicted of an offense under Subsection A(3) above if the officer did not comply with Subsection C above or, if it appears at trial that the explanation given by the person was true and, if believed by the officer at the time, would have dispelled the belief or concern.
E. 
The term "harass," as used in this section, shall include, but not be limited to, the use of any personally abusive epithets or words, language or conduct of an offensive nature, which epithets, words, conduct or language, when addressed to or directed at a reasonable person, are, as a matter of common knowledge, inherently likely to provoke a reaction of fear, anger or apprehension.
F. 
In lieu of arrest, this section may be enforced by the issuance of an appearance ticket.

§ 22-54 False alarms.

[Amended 2-1-1988 by Ord. No. 1430]
A. 
As used in this section, the following terms shall be defined as follows:
ALARM SYSTEM
A device or assembly of equipment or devices designed or arranged to signal the presence or existence of a hazard requiring urgent attention of public safety personnel. These systems include intrusion alarms, robbery alarms, fire alarms, medical emergency alarms and any other alarm which requires an emergency response by public safety personnel. Alarm systems monitoring temperature or humidity or which do not require any Department of Public Safety response whatsoever are excluded from this section.
ALARM USER
Any person who owns, possesses, controls or otherwise exercises dominion over a premises or property, or who regularly supervises the operation of any business thereon, on or in regard to which premises or property an alarm system is maintained, except for alarm systems within or on vehicles. But if an alarm system in or on a vehicle is connected, either by wire, signal or other means with an alarm system in or on other property, the person using such vehicle alarm system is an alarm user. A person owns or controls property if he is the grantee under a deed, purchaser under a land contract or a tenant.
FALSE ALARM
The activation of an alarm system resulting in a signal or call being received by the Kalamazoo Department of Public Safety when there is no immediate substantial threat to life, safety or property requiring their urgent attention in, on or at the property in regard to which the signal or call was sent.
PERSON
A natural person or a firm, organization, association, partnership or corporation.
B. 
The alarm user shall be responsible under Subsection C below for all false alarms sent because of the activation of an alarm system in, on or in regard to his property, or because of the action or statement of any of his agents or employees if such action or statement was likely to result in the sending of an alarm; except when the agent or employee making the statement, taking the action or sending the alarm does so with the specific intention of sending a false alarm or causing one to be sent, or does so without caring whether the alarm is false.
C. 
The fifth or subsequent false alarm occurring within the calendar year, and every false alarm thereafter from or in regard to the same premises or property, shall result in the alarm user being assessed a service fee. Fire and nonfire false alarms shall be counted separately. The service fee for false alarms, other than a false fire alarm, will be $50. The service fee for false fire alarms will be $100 for all locations. This subsection shall apply only to alarm users. The service fee may be waived by the chief of public safety or his designee in those cases of development of false alarm conditions not reasonably attributable to the alarm user or the alarm user's equipment.
D. 
Knowingly sending a false alarm or causing it to be sent, or sending a false alarm without caring whether or not it is false, shall be a misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both.
E. 
Neither a proceeding nor the result thereof under this section shall waive, preclude or be a precondition of the City exercising, enforcing or invoking any other right of which the City might otherwise avail itself.
F. 
If any fee rendered pursuant to Subsection C shall remain due and unpaid for a period of 30 days after the bill is mailed, it shall thereafter accrue interest at the rate of 6% per year from the date of the false alarm to which the bill applies. The City may collect the amounts owed by suit at law or may assess the same against the property. Such assessment shall constitute a lien upon the property and may be billed and collected as part of the tax applicable to the property.

§ 22-55 Weapons in schools or other educational facilities.

[Amended 10-17-1988 by Ord. No. 1448]
A. 
It shall be unlawful for any person, student or otherwise to possess or carry any weapon, as defined herein, within any school or other educational facility, or on the grounds thereof.
B. 
"Weapon," for the purposes of this section, includes, but is not limited to, any knife or other cutting, stabbing or slashing instrument, blackjack, metallic knuckles, bludgeon, club, chain, gas-ejecting devices, explosives, fireworks, whether legal or otherwise, martial arts weapon, or any firearm, including any pistol, revolver, rifle, shotgun, slingshot, airgun, zip gun, flaregun, pellet gun, BB gun or the like. "Weapon" shall also include any belt, comb, file, compass or other object if adapted as a weapon and/or if used in a threatening or assaultive manner.
C. 
This section shall not apply to a sworn police officer or public safety officer, or to any person otherwise authorized by law to carry any such weapon otherwise prohibited by this section.

§ 22-56 Loitering in places where controlled substances or drug paraphernalia are sold, dispensed.

[Amended 3-20-1989 by Ord. No. 1455; 1-14-1991 by Ord. No. 1508]
A. 
No person shall knowingly loiter about or in any place or area open to the public where controlled substances or drug paraphernalia are being illegally sold, dispensed, furnished, given away or stored.
B. 
Controlled substance shall be defined as it is in the Controlled Substances Act of the State of Michigan, MCLA § 333.7101 et seq., as amended.
C. 
Drug paraphernalia means any item which is used or intended for use with a controlled substance.
D. 
Used or intended for use with a controlled substance means:
(1) 
The item was primarily designed or adapted, because of its objective physical features, for use with a controlled substance; or
(2) 
The item was intended by an individual for use with a controlled substance; or
(3) 
An individual would know or should have known that the item was intended for use with a controlled substance.
E. 
This section shall not apply to persons inside licensed pharmacies or drugstores or to persons licensed by the State of Michigan to sell or dispense controlled substances, nor to any person lawfully possessing a controlled substance pursuant to a prescription written by a person authorized to write prescriptions under law.

§ 22-57 Consumption of alcoholic beverages in public places.

[Amended 10-21-1991 by Ord. No. 1518]
No person shall consume or possess any uncapped, open container of any alcoholic liquor, as that term is defined in the Michigan Liquor Control Commission Act, on the public streets, parkways, or sidewalks of the City, or in any other place open to the general public, including any store or establishment doing business with the public not licensed to serve alcoholic beverages; provided however, that alcoholic liquor may be sold, possessed and/or consumed during the period of a special license with the specific approval and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.

§ 22-58 Certain dangerous weapons other than firearms.

[Amended 12-2-1991 by Ord. No. 1520]
A. 
No person shall, in any public place, any motor vehicle, or place open to the public, possess or have in his or her control any of the following items or their substantial equivalent: A blackjack, a sandclub or sandbag, a switchblade or any mechanically operated knife, brass or metal knuckles, nunchucks, a machete, stiletto, or bayonet. Any weapon possessed in violation of this section shall be seized and retained by the Department of Public Safety. This section shall not apply to peace officers or other persons authorized by law to carry such weapons.
B. 
It shall be unlawful for any person to use or brandish a club, bat, cane, knife, or similar object, in a manner and/or under circumstances that either manifest intent to cause harm or intimidate another person, or that would cause a reasonable person to fear for his or her safety.

§ 22-59 Off-road vehicles.

[Amended 10-21-1991 by Ord. No. 1519]
A. 
No motorcycle, motor scooter, moped, dune buggy, off-road or other motorized vehicle shall be permitted to operate upon any public or private property within the City other than public and private roadway or parking lots and similar facilities. This section shall not apply to snowmobiles.
B. 
When any police officer arrests or issues a citation to a person and charges him with a violation of this chapter, such officer may impound the motorcycle or motor-driven vehicle and cause the same to be removed to a place or places to be designated by the chief of police. Such seizure and impounding shall be subject to all applicable statutory provisions relative to the removal of parked vehicles from public highways, streets and alleys, including the removal and impounding fees therein provided for, redemption by the owner or operator of such vehicle upon payment of removal and impounding fees and the settlement of the violation involved, notice thereof to the registered owner of such vehicle, and foreclosure of the lien for such removal and impounding fees upon failure to redeem or repossess in accordance with all applicable statutory provisions.

§ 22-60 Access to firearms by minors.

[Amended 3-1-1993 by Ord. No. 1551]
A. 
For the purposes of this section the following terms shall have the meanings indicated unless their context requires a different meaning:
AMMUNITION
Any ammunition cartridge, shell or other device containing explosive or incendiary material designed and intended for use in any firearm.
FIREARM
A pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or any other firearm, except for an inoperable antique firearm.
MINOR
Any person under the age of 18.
B. 
Except as otherwise provided in this section, a person shall not leave a loaded firearm, or an unloaded firearm in close proximity to ammunition for that firearm, in any location where the person knows, or reasonably should know, that a minor may gain access to the firearm.
C. 
This section shall not apply where:
(1) 
A minor's access to a firearm is supervised by a person 18 years of age or older;
(2) 
A firearm is in a locked gun cabinet or similar locked location, or is secured with a trigger lock or other similar device which prevents the firearm from discharging ammunition;
(3) 
A minor's access to a firearm was obtained as a result of an unlawful entry to the premises.
D. 
At every purchase counter in every store, shop or sales outlet where firearms are sold, the following warning in block letters not less than one inch in height shall be conspicuously posted: "It is unlawful for leave a loaded firearm, or an unloaded firearm in close proximity to ammunition, where a minor can obtain access to the firearm."
E. 
Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $500 or imprisonment for 90 days, or both.

§ 22-61 Forfeiture of weapons.

[Amended 3-1-1993 by Ord. No. 1552; 9-6-2005 by Ord. No. 1791]
All weapons, firearms or devices carried, possessed or used contrary to this Chapter 22 are hereby declared forfeited to the City of Kalamazoo and shall be turned over to the Chief of the Public Safety Department, or his/her designated representative, for such disposition as the Chief of the Public Safety Department may prescribe. All facsimile firearms displayed contrary to § 22-63 are hereby declared forfeited to the City of Kalamazoo and shall be turned over to the Chief of the Public Safety Department, or his/her designated representative, for such disposition as the Chief of the Public Safety Department may prescribe.

§ 22-62 Smoking ban in parking ramps.

[Amended 4-21-1997 by Ord. No. 1635]
A. 
It shall be unlawful for any person to smoke or carry any lighted cigarette, cigar, or pipe in any place in any parking ramp or parking structure owned by the City of Kalamazoo. This section shall not apply to smoking in a motor vehicle in which all windows and doors are fully closed.
B. 
A person violating the provisions of this section shall be deemed guilty of a misdemeanor and fined in an amount not less than $25 nor more than $100.

§ 22-63 Facsimile firearms; definitions; prohibiting display of.

[Added 9-6-2005 by Ord. No. 1791]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREARM
Any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, or is spring loaded or mechanically fired.
FACSIMILE FIREARM
Any device that in size, shape, color, construction or design might reasonably be perceived to be a firearm, and can only be differentiated from a firearm through close inspection.
DISPLAY
To brandish, point, exhibit, or show in a manner that a reasonable individual would perceive to be:
(1) 
In a threatening manner or under circumstances manifesting an express or implied threat or coercion; or
(2) 
With the intent to frighten, harass or annoy another person; or
(3) 
With the intent to commit a crime.
B. 
It shall be unlawful to display a facsimile firearm in the City of Kalamazoo.
C. 
It shall be unlawful to refuse to relinquish a facsimile firearm upon request of a police officer or public safety officer.
D. 
Any person in violation of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.

§ 22-64 Social gathering regulation and responsibility.

[Added 11-2-2009 by Ord. No. 1861[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any beverage suitable for human consumption containing 1/2 of 1% or more or alcohol by volume.
ALLOW
To give permission for, approval of, possession or consumption of an alcoholic beverage or a controlled substance by any of the following means:
(1) 
In writing;
(2) 
By one or more oral statements; and
(3) 
By any form of conduct, including a failure to take corrective action, which would cause a reasonable person to believe that permission or approval has been given.
CONTROL
The actual or apparent authority to regulate, direct, restrain, superintend, govern, or exercise restraining or dominating influence over the conduct of others on or within a premises, residence, or other real property, and includes, but is not limited to, a possessory right over real property as the owner, tenant, or occupant of the property.
CONTROLLED SUBSTANCE
Any drug, substance, or immediate precursor as designated and listed in Schedules 1 through 5 of the Michigan Public Health Code, being Public Act 368 of 1978, as may from time to time be amended.[2]
CORRECTIVE ACTION
Includes any of the following:
(1) 
Making a prompt demand that a minor or other individual who is not a member of the household or the immediate family member of the person having control over the residence, premises, or real property depart from the premises, residence, or other real property or refrain from the unlawful possession or consumption of an alcoholic beverage or controlled substance on or within that premises, residence, or other real property over which the person making the demand has control, and taking additional action as described in Subsection (2) or (3) if the minor or other individual does not comply with the request.
(2) 
Making a prompt report of the unlawful possession or consumption of alcoholic liquor or controlled substance to a law enforcement agency having jurisdiction over the violation.
(3) 
Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence, or other real property.
HOUSEHOLD
All those persons living in one residence as a family or functional family.
IMMEDIATE FAMILY
The spouse, parent, child, or sibling of the owner, tenant, or occupant of the residence or premises, or other real property.
MINOR
An individual less than 21 years of age.
PREMISES
A permanent or temporary place of assembly, other than a residence, including but not limited to any of the following:
(1) 
A meeting hall, meeting room, or conference room.
(2) 
A public or private park.
RESIDENCE
A permanent or temporary place of dwelling, including, but not limited to, any of the following:
(1) 
A house, apartment, condominium, mobile home, or other dwelling unit and the land around the dwelling unit to the extent the land is subject to the control of the same person having control of the dwelling unit upon which it sits.
(2) 
A cottage, cabin, trailer, or tent.
(3) 
A motel unit, hotel unit, or bed-and-breakfast unit.
SOCIAL GATHERING
An assembly of two or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or the same immediate family.
[2]:
Editor's Note: See MCLA 333.1101 et seq.
B. 
Except as otherwise permitted by Subsection C, an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:
(1) 
Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence, or real property.
(2) 
Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence, or other real property.
C. 
The provisions of this section do not apply to the use, consumption, or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption, or possession of an alcoholic beverage by a minor as part of a religious observance or service.
D. 
Evidence of all of the following gives rise to a rebuttable presumption that the defendant allowed the consumption or possession of an alcoholic beverage or controlled substance on or within a premises, residence, or other real property in violation of this section:
(1) 
The defendant had control over the premises, residence, or other real property.
(2) 
The defendant knew that a minor, while at a social gathering on or within the premises, residence, or other real property, was:
(a) 
Unlawfully consuming or in possession of an alcoholic beverage; or
(b) 
Unlawfully consuming or in possession of a controlled substance.
(3) 
The defendant failed to take corrective action.
E. 
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $500, or both. A person who commits a second or subsequent violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500, or both.
F. 
The City Manager shall cause a report to be issued to the City Commission by February 1, 2011, evaluating the effectiveness of this section. The report shall include, but not be limited to, data regarding when, how often, and the circumstances under which citations were issued pursuant to this section, locations in the City where the section was enforced, and the degree of success in the prosecution of citations issued. The report shall also include a narrative on the success and problems experienced by Department of Public Safety officers in attempting to enforce this section.
G. 
This section shall sunset and be of no further force or effect on April 30, 2011.
[1]:
Editor’s Note: This ordinance provided that it would sunset and be of no further force or effect after 4-30-2011.

§ 22-65 Breaking and entering of motor vehicles.

[Added 3-18-2013 by Ord. No. 1907]
A. 
It shall be unlawful for any person to enter a motor vehicle unless the person:
(1) 
Is the owner or lessee of the vehicle, or has some other contractual interest in the vehicle that would entitle the person to enter the vehicle;
(2) 
Is the owner or lessee of the real property upon which the vehicle is located; or
(3) 
Has permission to enter from an owner, a lessee, or an authorized operator of the motor vehicle, or the owner or lessee of the real property upon which the vehicle is located.
B. 
This section shall not apply to:
(1) 
A law enforcement officer acting within the scope of the officer's duties.
(2) 
A motor vehicle that is lawfully being moved because it is abandoned, inoperable, or improperly parked.
(3) 
An employee or agent of an entity that possesses a valid lien on a motor vehicle and who is expressly authorized by the lien holder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.
C. 
As used in this section:
ENTER
Includes, but is not limited to, opening a door, trunk or hood of a vehicle, or inserting any part of one’s body, or any object connected with the body, into a vehicle, which act shall include breaking the plane of an opened door, window, trunk or engine area.
MOTOR VEHICLE or VEHICLE
Any vehicle that falls within the definition of "motor vehicle" in the state’s Michigan Vehicle Code.