[HISTORY: Adopted by the City Commission
of the City of Kalamazoo 7-18-2022 by Ord. No. 2051.[1] Amendments noted where applicable.]
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.
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.
Regulation and Taxation of Marihuana Act — See
MCLA § 333.27951 et seq.
Medical Marihuana Facilities Licensing Act — See
MCLA § 333.27101 et seq.
Interference with flow of traffic — See MCLA
§ 257.676.b
Public Nuisance Act — See MCLA § 600.3801
et seq.
Violations of Liquor Control Code — See MCLA
§ 436.1909.
Definitions related to substance abuse disorder services — See
MCLA § 333.6230.
Definitions pertaining to mental health — See
MCLA § 330.1100a.
Status of minors and child support — See MCLA
§§ 722.1 to 722.6
[1]
Editor's Note: This ordinance superseded former Ch. 22, Offenses
and Crimes Generally, as amended.
[Amended 7-18-2022 by Ord. No. 2051]
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 or responsible of an offense and shall be punished
in the manner prescribed for the attempted offense itself.
[Amended 7-18-2022 by Ord. No. 2051]
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 or
responsible of an offense and punished in the same manner as the person
who committed the offense.
[Added 7-18-2022 by Ord. No. 2051]
As used in this chapter, the following terms shall have the
meanings indicated:
Any ammunition cartridge, shell or other device containing
explosive or incendiary material designed and intended for use in
any firearm.
To deliberately point, waive about, or display a firearm
in a threatening manner with the intent to induce fear in another
individual.
Defined as it is in the Controlled Substances Act of the
State of Michigan, MCLA § 333.7101 et seq., as amended.
Any item which is used or intended for use with a controlled
substance. Drug paraphernalia does not include "marihuana accessories"
as defined in the Michigan Regulation and Taxation of Marihuana Act,
MCLA § 333.27951 et seq., as amended, or "paraphernalia"
relating to marihuana as defined in the Medical Marihuana Facilities
Licensing Act, MCLA § 333.27101 et seq., as amended.
Any device that in size, shape, color, construction or design
might reasonably be perceived to be a firearm or pneumatic gun and
can only be differentiated from a firearm or pneumatic gun through
close inspection.
Any weapon or device which will, is designed to, or may readily
be converted to, expel a projectile by action of an explosive.
Any person under the age of 18.
Any implement, designed as a gun, that will expel a BB or
pellet by spring, gas, or air. "Pneumatic gun" includes a paintball
gun that expels by pneumatic pressure plastic balls filled with paint
for the purpose of marking the point of impact.
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.
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.
At the time the defendant sold or offered for sale, either:
The item was primarily designed or adapted, because of its objective
physical features, for use with a controlled substance; or
The item was intended by the defendant for use with a controlled
substance; or
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.
[1]
Editor's Note: Former § 22-3, Nuisances generally
— Specified; unlawful to maintain; exceptions, adopted as § PS605
of the P.S. Code, as amended, was repealed 6-3-2019 by Ord. No. 1990.
[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.
[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.
[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.
[1]
Editor's Note: Former § 22-9, Spitting on sidewalks
or floors of public conveyances and places, P&L Code § PL216,
was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL217; amended 9-3-1974 by Ord. No.
1029; 10-28-1985 by Ord. No. 1362; 7-18-2022 by Ord. No. 2051]
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 was used in the violation, together with proof that
the defendant named in the citation was the registered owner of the
vehicle at the time of the violation, constitutes in evidence a presumption
that the 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 be responsible for refuse,
debris or litter which is thrown, dropped, dumped, deposited, placed
or left from the vehicle on public or private property.
D.
Penalty.
(1)
A person who violates this section shall be responsible for a municipal
civil infraction. The following schedule of fines shall apply for
a violation of this section:
(a)
A fine of up to $200 if the amount of the litter is less than
one cubic foot in volume.
(b)
A fine of not less than $200 but not more than $500 if the amount
of litter is more than one cubic foot in volume, but less than three
cubic feet in volume.
(c)
A fine of not less than $500 but not more than $2,500 if the
amount of the litter is more than three cubic feet in volume.
(2)
The court may order a person responsible for a violation of this
section to reimburse the City of Kalamazoo for the costs incurred
in removing and/or disposing of the refuse, debris, or litter connected
with the particular violation.
(3)
In addition to a civil fine and restitution, the court may impose,
under its supervision, community service in the form of litter-gathering
labor, including, but not limited to, litter connected with the particular
violation.
[1]
Editor's Note: Former § 22-11, Covering or fencing
of dry wells, cisterns and cesspools, P&L Code § PL715.1,
was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code §§ PL715.2,
PL715.2A; amended 7-18-2022 by Ord. No. 2051]
A.
No person shall permit or suffer to remain in the City 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.
A person who violates this section shall be responsible for a municipal
civil infraction.
[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 responsible for a municipal civil infraction.
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.
[Amended 7-18-2022 by Ord. No. 2051]
F.
In addition to any other fine or cost, the court shall order a person
responsible 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.
[Amended 7-18-2022 by Ord. No. 2051]
[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.
C.
A person
who violates this section shall be responsible for a municipal civil
infraction.
[Added 7-18-2022 by Ord. No. 2051]
[1]
Editor's Note: Former §§ 22-15, Fraud generally,
P&L Code § PL208; 22-16, False or fraudulent statements
for purpose of obtaining welfare or relief benefits, P&L Code
§ PL604; and 22-17, Phrenology, fortune-telling, etc., P&L
Code § PL218, were repealed7-18-2022 by Ord. No. 2051.
[P&L Code § PL219; amended 8-21-2006 by Ord. No.
1811; 11-3-2014 by Ord. No. 1928; 7-18-2022 by Ord. No. 2051]
A.
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.
B.
No person shall solicit in or on a public place:
(1)
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;
(2)
At the intermodal transit center;
(3)
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.);
(4)
From a person who is in a vehicle on the street, except in strict
conformance with Section 676b of the Michigan Vehicle Code, MCLA § 257.676b,
a violation of which is a civil infraction subjecting the violator
to a minimum civil fine of $100 and a maximum fine of $500.
(5)
After sunset nor before sunrise;
(6)
Within 10 feet of an entrance to a building;
(7)
From a child whom the solicitor knows or reasonably should know is
under the age of 16 years;
(8)
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 himself or herself
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)
Conspicuously following the person to be solicited or who has
been solicited;
(e)
Soliciting money from anyone who is waiting in line for entry
to a building or for another purpose; or
(9)
From anyone who is within an enclosed area, defined by fencing, gates,
bollards or other means of separation, where food and/or beverages
are being served for immediate consumption in a public place.
C.
Except as otherwise provided, a person who violates this section
shall be guilty of a misdemeanor punishable by imprisonment for not
more than 30 days or a fine of not more than $250, or both.
[P&L Code § PL207; amended 4-13-1981 by Ord. No.
1222; 10-7-2024 by Ord. No. 2096]
Any person or persons who, on any street, sidewalk,
or any other public place, does any act which hinders or impedes,
or could hinder or impede, the passage of pedestrians, bicycles, or
vehicles, and refuses 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.
[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.
[P&L Code § PL210; amended 7-18-2022 by Ord. No. 2051]
It shall be unlawful for any person to interfere in any way
with the operation of the Department of Public Safety or any court
in the City.
[1]
Editor's Note: Former § 22-22, relative
to interfering with police or ambulance personnel, was repealed 10-31-1983
by Ord. No. 1296.
[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.
[1]
Editor's Note: Former § 22-24, Impersonating meter
readers, P&L Code § PL602; P.S. Code § PS402.1,
was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL222; amended 7-18-2022 by Ord. No. 2051]
Any person who takes or steals any money, goods, chattels or
other things of value belonging to another, and having a value of
less than $200, shall be guilty of a misdemeanor punishable by imprisonment
of not more than 90 days or a fine of not more than $500, or both.
[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.
[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.
[1]
Editor's Note: Former § 22-28, Dust emission from
industrial or commercial establishments, P&L Code §§ PL1212.1,
PL1212.2, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL401; amended 7-18-2022 by Ord. No. 2051]
A.
It shall be unlawful for any person to shoot or discharge any firearm
within the limits of the City, except by permission of the Chief of
Police.
B.
It shall be unlawful for any person to discharge a pneumatic gun
within the City except:
C.
A person who violates 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.
[P&L Code § PL215; amended 7-18-2022 by Ord. No. 2051]
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.
[1]
Editor's Note: Former §§ 22-31, Accosting,
molesting, etc., others, P&L Code § PL202, as amended;
22-32, Improper advances, gestures, etc., to people, P&L Code
§ PL221.1, as amended; and 22-33, Obscene or profane language
or gestures, P&L Code § PL202(a), as amended, were repealed 7-18-2022 by Ord. No. 2051.
[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.
[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.
B.
A person
who violates this section shall be responsible for a municipal civil
infraction.
[Added 7-18-2022 by Ord. No. 2051]
[1]
Editor's Note: Former § 22-35, Selling or exhibiting
indecent or obscene pictures, books, etc., to minors, P&L Code
§ PL204, was repealed 7-18-2022 by Ord. No. 2051.
[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.
[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.
[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.
A.
Any person who shall sell or offer for sale drug paraphernalia
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.
B.
This section shall not apply to:
(1)
Persons licensed by the State of Michigan to engage in the activity prohibited by Subsection A above; or
(2)
An
object sold, offered for sale, or given away by a person or agency
specifically authorized by the City Commission to prevent the transmission
of infectious agents, pursuant to MCLA § 333.7457(f). Authorization
by the City Commission shall be valid for a period of two years.
(a)
To obtain authorization, the City Commission shall be provided with
information outlining the following:
[1]
The address and proposed location of the proposed program sites;
[2]
Written procedures regarding the collection and disposal of used
hypodermic syringes and needles;
[3]
Written procedures for the distribution of new hypodermic syringes
and needles;
[4]
Services that will be offered;
[5]
The complete corporate name and documentation that verifies incorporation,
as well as compliance with all legal reporting and filing requirements
if the person or agency is a corporation; and
[6]
All trade or assumed names utilized to conduct business if the person
or agency conducts business under a trade or assumed name.
(b)
To renew authorization, the City Commission shall be provided with
a report, ensuring client confidentiality, outlining statistics and
aggregate data collected over the previous two-year authorization
period and any updated information, policies and procedures.
[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; 12-18-2017 by Ord. No. 1953]
(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 responsible
for a municipal civil infraction or guilty of a misdemeanor as follows
and is not subject to the penalties prescribed in MCLA § 436.1909:
(a)
For the first violation, the minor is responsible for a municipal
civil infraction and shall be fined not more than $100, and may be
ordered to participate in substance use disorder services as defined
in MCLA § 333.6230, 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 (5). A minor may
be found responsible or admit responsibility only once under this
subsection.
(b)
If a violation of this subsection occurs after one prior judgment,
the minor is guilty of a misdemeanor. A misdemeanor under this subsection
is punishable 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, or a fine of not more
than $200, or both, and may be ordered to participate in substance
use disorder services as defined in MCLA § 333.6230, 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 (5).
(c)
If a violation of this subsection occurs after two or more prior
judgments, the minor is guilty of a misdemeanor. A misdemeanor under
this subsection is punishable 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, or a fine
of not more than $500, or both, and may be ordered to participate
in substance use disorder services as defined in MCLA § 333.6230,
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
(5).
(3)
If an individual pleads guilty to a misdemeanor violation of Subsection (1)(b) 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.
(5)
The court may order the person found responsible for or convicted of violating Subsection (1) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in MCLA § 330.1100a, 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.
(6)
(Reserved)
(7)
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. If a minor does not consent to a preliminary
chemical breath analysis, the analysis shall not be administered without
a court order, but a public safety officer or a peace officer may
seek to obtain a court order. The results of a preliminary chemical
breath analysis or other acceptable blood alcohol test are admissible
in a municipal civil infraction proceeding or criminal prosecution
to determine whether the person less than 21 years of age has consumed
or possessed alcoholic liquor.
(8)
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.
(9)
through (16) (Reserved)
(17)
In a 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.
(18)
As used in this section:
(a)
"Any bodily alcohol content" means either of the following:
[1]
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.
[2]
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.
(b)
"Prior judgment" means the term as defined in MCLA § 436.1703,
as amended.
[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.
[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.
[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.
[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.
[Amended 5-15-1978 by Ord. No. 1133; 7-18-2022 by Ord. No. 2051]
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.
C.
Penalty for vandalism.
(1)
First offense. Any person found guilty of committing vandalism shall
be punished by a fine not less than $10 nor more than $500 and/or
90 days in jail, for the first offense.
(2)
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.
(3)
Restitution. In addition to or in lieu of the fine and/or incarceration provided in Subsection C(1) and (2) 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.
[1]
Editor's Note: Former §§ 22-47, Penalty for
vandalism, as amended; and 22-49, Removal of newspapers placed for
pickup by City, as amended, were repealed 7-18-2022 by Ord. No. 2051. Section 22-48 was an existing reserved section.
[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.
[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.
[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.
[1]
Editor's Note: Former § 22-53, Loitering, as amended,
was repealed 6-3-2019 by Ord. No. 1991.
[Amended 2-1-1988 by Ord. No. 1430]
A.
ALARM SYSTEM
ALARM USER
FALSE ALARM
PERSON
As used in this section, the following terms shall
be defined as follows:
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.
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.
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.
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.
[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.
[1]
Editor's Note: Former § 22-56, Loitering in places
where controlled substances or drug paraphernalia are sold, dispensed,
as amended, was repealed 6-3-2019 by Ord. No. 1991.
[Amended 10-21-1991 by Ord. No. 1518; 12-21-2020 by Ord. No.
2020; 7-18-2022 by Ord. No. 2051
Except as provided for in § 33-25, 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.
[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, 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.
[Amended 7-18-2022 by Ord. No. 2051]
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.
[1]
Editor's Note: Former § 22-59, Off-road vehicles, as
amended 10-21-1991 by Ord. No. 1519, was repealed 7-19-2021 by Ord.
No. 2035.
[Amended 3-1-1993 by Ord. No. 1551; 7-18-2022 by Ord. No. 2051
A.
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.
B.
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.
C.
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.
[1]
Editor's Note: Former § 22-61, Forfeiture of weapons,
as amended, was repealed 7-18-2022 by Ord. No. 2051.
[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 responsible
for a municipal civil infraction.
[Amended 7-18-2022 by Ord. No. 2051]
[Added 9-6-2005 by Ord. No. 1791; amended 7-18-2022 by Ord. No. 2051]
A.
It shall be unlawful to brandish a facsimile firearm in the City
of Kalamazoo.
B.
It shall be unlawful to refuse to relinquish a facsimile firearm
upon request of a police officer or public safety officer.
C.
A person who violates 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.
[1]
Editor’s Note: Former § 22-64, Social gathering
regulation and responsibility, added 11-2-2009 by Ord. No. 1861, was
repealed 7-18-2022 by Ord. No. 2051
[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.
ENTER
MOTOR VEHICLE or VEHICLE
As used
in this section:
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.
Any vehicle that falls within the definition of "motor vehicle"
in the state’s Michigan Vehicle Code.
[Added 7-18-2022 by Ord. No. 2051]
Unless specifically provided otherwise, the penalty for a municipal
civil infraction in this chapter shall be as follows:
A.
A fine of up to $200 for each violation.
B.
An increased civil fine of not less than $200 but not more than $500
may be imposed for a second or subsequent violation committed by a
person within any twelve-month period and for which the person admits
responsibility or is determined to be responsible.
