[Ord. No. 751]
If a person shall commit an assault or a battery, he or she shall be guilty of a misdemeanor, punishable as set forth in Section 1-10 of this Code.
[Code 1955, § 3-3.1; Ord. No. 751]
No person shall be a disorderly person in the City.
[Ord. No. 751; Ord. No. 803; Ord. No. 890; Ord. No. 950, 6-1-1988; Ord. No. 1072, 11-4-1992; Ord. No. 1090, 6-2-1993; Ord. No. 1136, 3-1-1995; Ord. No. 1305, 6-20-2001; Ord. No. 1380, 2-18-2004; Ord. No. 1416, 6-1-2005]
For the purposes of this chapter, a disorderly person shall be any person who shall do any of the following acts or engage in any of the following practices and any person who shall aid and abet another to do any such act or engage in any such practice:
(1)
Disorderly intoxication. Be intoxicated or under the influence of any substance regulated by the state Controlled Substance Act of 1971, as amended, in any public street, park or place, and who is endangering directly the safety of another person or of property, or is acting in a manner which causes a public disturbance.
(2)
Indecent exposure. Intentionally expose to view all or any portion of the genitalia, pudendum, or all or subsequently all of the female breasts or male or female buttock in any public place, or in such a manner that the same may be viewed by persons lawfully in a public place.
(3)
Petting, fondling and sexual relations. Engage in any petting or fondling of the genitalia, pudendum, breasts or buttock of another in a public place, or engage in sexual relations or congress in a public place.
(4)
Prostitution, solicitation, etc. Engage in prostitution or solicit, accost or invite another in a public place, or in or from any motor vehicle, boat or recreational vehicle for the purpose of inducing the commission of an act of sexual intercourse or any other lewd or immoral act, either physically or by verbal statements, gestures or electronic media.
(5)
Nude entertainment. Solicit, procure by hire, permit or engage in any form of dancing or other entertainment for profit or otherwise, involving exhibition of the genitalia, pudendum, female breasts or male or female buttock of the performer.
(6)
Frequenting a house of ill fame, etc. Attend, frequent, operate, or be an occupant or patron of a house of ill fame, brothel, or other place, knowing that prostitution, the illegal sale, transfer, or use of intoxicating liquor, the illegal sale, transfer, or use of controlled substances, or any other illegal business or occupation is permitted or conducted on the premises.
(7)
Abusive language; harassment of police or peace officers.
(a)
Willfully direct language toward another which by its very utterance inflicts injury upon another, or which tends to incite an immediate breach of the peace, or which, as a matter of common knowledge, is personally abusive and inherently likely to provoke a violent reaction.
(b)
Willfully direct language toward a peace or police officer which, as a matter of common knowledge, is personally abusive and inherently likely to provoke a violent reaction in the police officer, with the intent to taunt, heckle or harass.
(c)
Willfully direct language toward a peace or police officer which, as a matter of common knowledge, is personally abusive and inherently likely to provoke a violent reaction from ordinary citizens so as to incite or stimulate others to resist, obstruct, assault or interfere with a peace or police officer in the lawful pursuit of his or her duties.
(8)
Impending investigation. Willfully act in a belligerent or boisterous manner so as to disrupt a police investigation.
(9)
Resisting, obstructing, etc., police or peace officers. Willfully obstruct, resist, hinder or oppose any member of the police force or any peace officer in the discharge of his or her duties as such.
(10)
False alarms, etc.
(a)
Knowingly turn in any false alarm of fire, burglary, intrusion, robbery, hazard or injury to any public authority, licensed ambulance service or communications network organized to receive the same.
(b)
Knowingly make a false statement or report to a police or peace officer in the course of a lawful investigation.
(11)
Refusal to disperse. Whoever, with intent to cause public inconvenience, annoyance or alarm, or provoke a breach of the peace, or under circumstances such that the aforesaid may be occasioned, thereby congregates with others in a public place and refuses to disperse and move on when ordered so to do by a police or peace officer.
(12)
Disturbing peace.
(a)
Commit any act which is of a nature to corrupt public morals, outrage the sense of public decency or affect the peace and quiet of persons who may witness them.
(b)
Disturb the public peace and quiet by loud, boisterous or vulgar conduct.
(c)
Disturb or interfere with, by noisy or boisterous conduct, the quiet or good order of any public or private place of assembly, school, church, library or hospital.
(d)
Disturb the public peace and quiet by permitting, suffering, or neglecting to prevent any place occupied or controlled by him or her to be a resort or place of loud noise, or loud, boisterous or vulgar persons.
(e)
Disturb the public peace and quiet, except as provided in Section 19-6, by playing, using, operating, or permitting to be played, used or operated, any radio, "boom box", receiving set, stereo, musical instrument, or other electronic sound device inside or outside of a building or structure or in a parked or moving motor vehicle. The operation of any device described herein in a manner which is plainly audible at a distance of 50 feet from the building, structure, or vehicle shall be prima facie evidence of violation of this section.
(13)
Refuse to identify. A person shall not refuse to identify himself or herself upon the lawful request of a police or peace officer. A lawful request shall meet the following requirements:
(a)
A peace officer may detain any person whom the officer encounters under the following circumstances:
(b)
An officer may detain the person pursuant to this section only to ascertain his or her identity and the surrounding suspicious circumstances. Any person so detained shall identify himself, but the person may not be compelled to answer any other inquiry of any peace officer.
(c)
A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is lawfully arrested.
(14)
Accosting, molesting, etc., another. Accost, molest or otherwise annoy another by sound, gesture or display which by its communication inflicts injury, is likely to cause a breach of the peace, intimidates or otherwise causes fear, apprehension or distress.
(15)
Fighting, etc. Provoke or engage in any fight, challenge to fight, brawl, riotous conduct or quarrel in a public place so as to endanger the life, limb, health or property of another.
(16)
Jostling or crowding persons. Intentionally jostle or roughly crowd persons in any street, alley, park or public building.
(17)
Window peeping. Engage in any window peeping, by making unauthorized observations into a dwelling of any activities of another, with intent to invade that person's privacy.
(18)
Begging. Except as provided in Chapter 31 and Section 32-46 of the Code of the City of Holland, Michigan, or as otherwise authorized by law, no person shall beg or solicit for the immediate payment of money or goods from another person, whether or not in exchange for goods, services, or other consideration, under any of the following circumstances:
[Amended 9-19-2012 by Ord. No. 1591]
(a)
On private property, unless the solicitor has permission from the owner or occupant thereof;
(b)
In any public transportation vehicle or public transportation facility;
(c)
In any public parking structure and within 12 feet of any entrance or exit to any public parking structure;
(d)
In any public alley and within 12 feet of any entrance or exit to any public alley;
(e)
From a person who is in any vehicle on the street;
(f)
In any manner which obstructs the free passage of pedestrian or vehicle traffic;
(g)
Within 12 feet of a bank or automated teller machine;
(h)
By moving to within two feet of the person solicited, unless that person has indicated that he/she wishes to be solicited;
(i)
By following and continuing to solicit a person who walks away from the solicitor;
(j)
By knowingly making a false or misleading representation in the course of a solicitation;
(k)
In a manner that appears likely to cause a reasonable person of ordinary sensibilities to feel intimidated, threatened or harassed;
(l)
Within 12 feet of the entrance to or exit from any public building; or
(m)
From a person who is a patron at any outdoor cafe or restaurant.
(19)
Fortune-telling, etc. Tell or pretend to tell fortunes for hire, gain, reward or profit, whether by means of cards, tokens, trances, inspection of the entrails or bodily parts of animals, inspection of the hands or skull, mind reading, consulting the movements of the heavenly bodies or otherwise; or for hire, gain, reward or profit pretend to enable another to recover lost or stolen property, pretend to give success in any business, enterprise, speculation or game of chance or induce any person to dispose of property in favor of another.
(20)
Tampering with, defacing, etc., private or public property. Willfully destroy or damage or in any manner deface, destroy, injure or tamper with any property not his or her own, or mark or post handbills on or in any manner mar the walls of any public building, any fence, tree or pole within the City; or take or meddle with any property belonging to the City, or remove the same from the building or place where it may be kept, placed, standing or stored, without authority from the City Manager or other official custodian of such property.
(21)
Spitting on street, etc. Spit on any street or sidewalk or in any public carrier, public building or place of public assemblage, except into receptacles placed there for such purpose.
(22)
Unlawful entry, etc., in garden or orchard. Enter any garden or orchard located within the City without the consent of the owner or tenant or his or her agent, and there cut down, damage, destroy, eat or carry away any portion of such garden, including any growing thing, crop, tree, timber, grass, seed, soil, fertilizer, water supply, tool, implement, fence or any other protective device or any other thing used for development, cultivation, maintenance and use of such gardens or orchards.
(23)
Registering under assumed name, etc. Register at any hotel, rooming house, trailer camp, tourist home, motel or other place offering overnight accommodations to the public under an assumed name or as the wife or husband of any person to whom he or she is not legally married.
(24)
Selling, etc., liquor or beer to a drunken person, etc. Knowingly sell, give or furnish liquor or beer to any drunken person, intoxicated or disorderly or any habitual drunkard.
(25)
Possession or consumption of alcoholic liquor in a public place. Possess or consume any alcoholic liquor in any public park, public place of amusement, or publicly owned area that is owned or administered, or both, by the City of Holland or the School District of the City of Holland, except as allowed under Section 22-10.
(26)
Attempting to operate a motor vehicle while intoxicated. Attempt to operate a vehicle upon a highway or any other place open to the public, including any area designated for the parking of motor vehicles, when he or she is under the influence due to consumption of intoxicating liquor, narcotic drugs, barbital or any derivative of barbital.
(27)
Placing, etc., glass or sharp objects. Place or throw glass, cans, bottles or dangerous pointed or edged substances in or on any beach, or waters adjacent thereto, highway or walk, or on public property within 50 feet of a public highway.
(28)
Entry upon lands of another after having been forbidden so to do; refusal to depart therefrom. Willfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the agent or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, or a member of the police force acting upon the request of the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom.
(29)
Urinating in public place. Urinating on any street, sidewalk or public place, other than public rest rooms.
(30)
Entering without authority. Breaking and entering, or entering without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the outbuildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining the permission to enter from the owner or occupant, agent, or person having immediate control thereof. This section shall not apply to entering without breaking, any place which at the time of such entry was open to the public, unless such entry has been expressly denied. This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or someone under his or her direction in the lawful performance of his or her duties as such peace officer.
[Ord. No. 751; amended 11-19-2003 by Ord. No. 1377; 5-14-2014 by Ord. No. 1628; 7-21-2021 by Ord. No. 1798]
(a)
Unless that person is engaged in a supervised, regulated, and managed animal control activity under Section 22-9; is a sworn peace officer or member of a duly authorized military organization when acting in the discharge of his or her duty; is a citizen acting in self-defense; or is an individual shooting in an indoor archery and/or firearms shooting range that is licensed by the City:
(1)
No person shall discharge any firearm, air rifle or other dangerous weapon expelling a projectile within or into the City; or
(2)
No person shall have any such dangerous weapon in his or her possession in any public street, park or place, unless the same is licensed as required by law or securely wrapped or encased.
[Ord. No. 751; Ord. No. 949, 6-1-1988; 1-17-2018 by Ord. No. 1714]
No person shall:
(a)
Commit the offense of larceny by stealing the property of another, any money, goods, chattels or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate or any book of accounts for or concerning money or goods due or to become due or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any receipt, release, or defeasance, or any writ, process, public record or scrap metal with a value of $200 or less.
(b)
Alter, transfer, remove, replace, conceal or otherwise misrepresent the price at which property is offered for sale, while a store is open to the public, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200 or less.
[Ord. No. 751]
No person shall change, switch, remove, deface, replace, cover or otherwise alter any label, tag, mark or other identification which is intended to identify merchandise to be sold or to indicate the price at which any merchandise is to be sold, without the consent of the owner or vendor of such merchandise.
[Ord. No. 1180, 8-7-1996;[1] Ord. No. 1192, 4-2-1997; Ord. No. 1398, 10-20-2004; 1-17-2018 by Ord. No. 1703]
(a)
A person less than 21 years of age ("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 in this section. A minor who violates this subsection is responsible for a civil infraction or guilty of a misdemeanor as follows and is not subject to the penalties prescribed in MCLA § 436.1909:
(1)
For the first violation, the minor is responsible for a civil infraction and shall be fined not more than $100. A court may order a minor under this subdivision to participate in substance use disorder services as defined in § 6230 of the Public Health Code, 1978 PA 368, MCLA § 333.6230, and designated by the Administrator of the Office of Substance Abuse Services, and may order the minor to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (e). A minor may be found responsible or admit responsibility only once under this subdivision.
(2)
If a violation of this subsection occurs after one prior judgment, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision is punishable by imprisonment for not more than 30 days if the court finds that the minor 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 by a fine of not more than $200, or both. A court may order a minor under this subdivision to participate in substance use disorder services as defined in § 6230 of the Public Health Code, 1978 PA 368, MCLA § 333.6230, and designated by the Administrator of the Office 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 (e).
(3)
If a violation of this subsection occurs after two or more prior judgments, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision is punishable by imprisonment for not more than 60 days, if the court finds that the minor 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 by a fine of not more than $500, or both, as applicable. A court may order a minor under this subdivision to participate in substance use disorder services as defined in § 6230 of the Public Health Code, 1978 PA 368, MCLA § 333.6230, and designated by the Administrator of the Office 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 (e).
(c)
If an individual who pleads guilty to a misdemeanor violation of Subsection (a)(2) or offers a plea of admission in a juvenile delinquency proceeding for a misdemeanor violation of Subsection (a)(2), the court, without entering a judgment of guilt in a criminal proceeding or a determination in a juvenile delinquency proceeding that the juvenile has committed the offense and with the consent of the accused, may defer further proceedings and place the individual on probation. The terms and conditions of that probation include, but are not limited to, the sanctions set forth in Subsection (a)(3), payment of the costs including minimum state cost as provided for in § 18m of Chapter XIIA of the Probate Code of 1939, 1939 PA 288, MCLA § 712A. 18m, and § 1j of Chapter IX of the Code of Criminal Procedure, 1927 PA 175, MCLA § 769.1j, and the costs of probation as prescribed in § 3 of Chapter XI of the Code of Criminal Procedure, 1927 PA 175, MCLA § 771.3. If a court finds that an individual violated a term or condition of probation or that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt, or a determination in a juvenile delinquency proceeding that the individual has committed the offense, and proceed as otherwise provided by law. If an individual fulfills the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. A discharge and dismissal under this section is without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of disqualifications or disabilities imposed by law on conviction of a crime. An individual may obtain only one discharge and dismissal under this subsection. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. These records shall be furnished to any of the following:
(1)
To a court, prosecutor, or police agency on request for the purpose of determining if an individual has already utilized this subsection.
(2)
To the department of corrections, a prosecutor, or a law enforcement agency, on the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:
a.
At the time of the request, the individual is an employee of the Department of Corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the Department of Corrections, the prosecutor, or the law enforcement agency.
b.
The record is used by the Department of Corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
(e)
A court may order an individual found responsible for or convicted of violating Subsection (a) to undergo screening and assessment by a person or agency as designated by the Department-designated community mental health entity as defined in § 100a of the Mental Health Code, 1974 PA 258, MCLA § 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under 1968 PA 293, MCLA § 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
(g)
A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request that individual to submit 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 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 civil infraction proceeding or criminal prosecution to determine if the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
(h)
A law enforcement agency, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, 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 (a) shall notify the parent or parents, custodian, or guardian of the individual 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 law enforcement agency shall notify the parent, guardian, or custodian not later than 48 hours after the law enforcement agency determines that the individual who allegedly violated Subsection (a) is less than 18 years of age and not emancipated under 1968 PA 293, MCLA § 722.1 to 722.6. The law enforcement agency may notify the parent, guardian, or custodian by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating Subsection (a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(i)
This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the Commission, or by an agent of the Commission, if the alcoholic liquor is not possessed for his or her personal consumption.
(j)
The following individuals are not considered to be in violation of Subsection (a):
(1)
A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of §§ 520b to 520g of the Michigan Penal Code, 1931 PA 328, MCLA § 750.520b to 750.520g, committed against a minor.
(2)
A minor who accompanies an individual who meets both of the following criteria:
a.
Has consumed alcoholic liquor.
b.
Voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of §§ 520b to 520g of the Michigan Penal Code, 1931 PA 328, MCLA § 750.520b to 750.520g, committed against a minor.
c.
A minor who initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
(k)
If a minor who is less than 18 years of age and who is not emancipated under 1968 PA 293, MCLA § 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under Subsection (j), the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency.
(l)
This section does not limit the civil or criminal liability of a vendor or the vendor's clerk, servant, agent, or employee for a violation of this act.
(m)
The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this act if the purpose of the consumption is solely educational and is a requirement of the course.
(n)
The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this act.
(o)
Subsection (a) does not apply to a minor who participates in either or both of the following:
(1)
An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the State Police, the commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the State Police, the commission, or the local police agency and was not part of the undercover operation.
(p)
The State Police, the commission, or a local police agency shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of Subsection (a), § 701(1), or § 801(2).
(q)
In a prosecution for the violation of Subsection (a) 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.
(r) ANY BODILY ALCOHOL CONTENT(1) (2) EMERGENCY MEDICAL SERVICES PERSONNEL HEALTH FACILITY OR AGENCY PRIOR JUDGMENT(1) (2) (3) (4)
As used in this section:
Either of the following:
An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
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.
That term as defined in § 20904 of the Public Health Code, 1978 PA 368, MCLA § 333.20904.
That term as defined in § 20106 of the Public Health Code, 1978 PA 368, MCLA § 333.20106.
A conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
This section or § 701 or 707.
Section 624a, 624b, or 625 of the Michigan Vehicle Code, 1949 PA 300, MCLA §§ 257.624a, 257.624b, and 257.625.
Section 80176, 81134, or 82127 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCLA §§ 324.80176, 324.81134, and 324.82127.
Section 167a or 237 of the Michigan Penal Code, 1939 PA 328, MCLA §§ 750.167a and 750.237.
[1]
Editor's Note: This ordinance also repealed former Section 20-7, adopted by Ord. No. 751, as amended by Ord. No. 835; Ord. No. 887; and Ord. No. 1138, adopted 3-1-1995.
[Ord. No. 1179, 8-7-1996[1]]
(a)
Transport or possess prohibited. A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, alcoholic liquor. A person who violates this subsection is guilty of a misdemeanor.
(b)
Exceptions. Section 20-8(a) does not prohibit a person less than 21 years of age from transporting or possessing, in a motor vehicle, alcoholic liquor if the person is employed by a person licensed to sell or transport alcoholic liquor, a common carrier designated by the Liquor Control Commission, the Liquor Control Commission, or an agent of the Liquor Control Commission, and the person is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment.
(c)
Penalties. A person who violates Section 20-8(a) shall be guilty of a misdemeanor punishable by a fine and costs not exceeding $500, or by imprisonment for not more than 90 days, or both, and sanctions against his or her operator's or chauffeur's license as may be required by state law on a person convicted of violating Section 20-8(a).
[1]
Editor's Note: This ordinance also repealed former Section 20-8, adopted by Ord. No. 751.
[Ord. No. 751]
No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any City officer or any aide or employee of the City under authority of the City officer, unless permission is given by such officer to remove such notice.
[Ord. No. 1181, 8-7-1996[1]]
(a)
Definitions.
(1)
CONTROLLED SUBSTANCE — A drug, substance or immediate precursor listed in Article 7 of Act No. 368 of the Public Acts of Michigan of 1978 (MCLA § 333.7101 et seq.) as amended.
(2)
DRUG PARAPHERNALIA — Any equipment, product, material, or combination of equipment, products or materials, which is used, intended for use, or specifically designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of state or local law; including, but not limited to, all of the following:
a.
A kit used, intended for use, or specifically designated for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
b.
A kit used, intended for use, or specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.
c.
An isomerization device used, intended for use, or specifically designed for use in increasing the potency of any species of plant which is a controlled substance.
d.
Testing equipment used, intended for use, or specifically designed for use in identifying or in analyzing the strength, effectiveness or purity of a controlled substance.
e.
A weight scale or balance used, intended for use, or specifically designed for use in weighing or measuring a controlled substance.
f.
A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or specifically designed for use in cutting a controlled substance.
g.
A separation gin or sifter used, intended for use or specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
h.
A blender, bowl, container, spoon or mixing device used, intended for use or specifically designed for use in compounding a controlled substance.
i.
A capsule, balloon, envelope or other container used, intended for use or specifically designed for use in packaging small quantities of a controlled substance.
j.
A container or other object used, intended for use or specifically designed for use in storing, carrying or concealing a controlled substance; including a device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including but not limited to, a can used for brake fluid, oil or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
k.
A hypodermic syringe, needle or other object used, intended for use or specifically designed for use in parentally injecting a controlled substance into the human body.
l.
An object used, intended for use or specifically designed for use in ingesting, inhaling or otherwise delivering, carrying or introducing marijuana, cocaine, hashish or hashish oil to, or into, the human body, such as:
1.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2.
Water pipes;
3.
Carburetion tubes and devices;
4.
Smoking and carburetion mask;
5.
Roach clips: meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
6.
Miniature cocaine spoons and cocaine vials;
7.
Chamber pipes;
8.
Carburetor pipes;
9.
Electric pipes;
10.
Air-driven pipes;
11.
Chillums;
12.
Bongs;
13.
Ice pipes or chillers;
14.
A device, commonly known as a cocaine kit, which consists of at least a razor blade and a mirror.
15.
A device commonly known as a snorter;
16.
A device commonly known as a bullet.
(3)
In determining whether an object is drug paraphernalia, the following should be considered in addition to all other logically relevant factors:
a.
Statements by an owner, or by anyone in control of the object, concerning its use.
b.
The proximity of the object, in time and space, to a direct violation of state law or local ordinance.
c.
The proximity of the object to a controlled substance.
d.
The existence of any residue of a controlled substance on the object.
e.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to a person whom he or she knows intends to use the object to facilitate a violation of state or local law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of state or local law shall not prevent a finding that the object is used, intended for use, or specifically designed for use as drug paraphernalia.
f.
Instructions, oral or written, provided with the object concerning its use.
g.
Descriptive materials accompanying the object which explain or depict its use.
h.
National and local advertising concerning its use.
i.
The manner in which the object is displayed for sales.
j.
Whether an owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
k.
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
l.
The existence and scope of legitimate uses for the object in the community.
m.
Expert testimony concerning its use.
(b)
Possession of drug paraphernalia. A person shall not use, or possesses with the intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of state or local law.
(c)
Manufacture, delivery or sale of drug paraphernalia.
(1)
Subject to Subsection (c)(2), a person shall not deliver, sell, offer for sale, possess with intent to deliver or sell, or manufacture with the intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of state or local law.
(2)
Before a person is arrested for a violation of Subsection (c)(1), the City Attorney shall notify the person in writing, not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the City Attorney to be drug paraphernalia. The notice shall also request that the person refrain from delivering, selling, offering for sale, possessing with intent to deliver or sell, or manufacturing with the intent to deliver or sell the material and shall state if the person complies with the notice, then no arrest will be made for a violation of Subsection (c)(1).
(3)
If a person complies with a notice sent under Subsection (c)(2), then the compliance is a complete defense for the person against a prosecution of this subsection as long as the compliance continues.
(4)
A person who receives a notice under Subsection (c)(2) may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell. The City Attorney who sent the notice shall be made the defendant to such an action.
(5)
If a declaratory judgment has been issued stating that the delivery, sale, offer to sell, possession with intent to deliver to sell, or manufacturing with intent to deliver or sell specified material does not violate Subsection (c)(1), then the declaratory judgment is a complete defense for the person obtaining such a judgment against a prosecution under Subsection (c).
(d)
Advertisement of drug paraphernalia. A person shall not place in any newspaper, magazine, handbill, sign, poster, or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(e)
Exceptions. This section shall not apply to a manufacturer, wholesaler, jobber, dealer in medical, dental, surgical or pharmaceutical supplies, licensed medical technician, technologist, medical doctor, nurse, osteopathic physician, dentist, chiropodist, veterinarian, pharmacist, embalmer, or other person licensed under MCLA §§ 339.101 to 339.2721, or an intern, trainee, apprentice or assistant in a profession licensed under same, in the normal, legal course of his or her respective business or profession, nor to a hospital, sanitarium, research teaching institution, clinical laboratory, or other health care institution, including a penal, correctional or juvenile detention facility for use in that institution, nor to a person suffering from diabetes, asthma, or any other medical condition requiring self-injection.
(f)
Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to use or sell in violation of this section shall be seized and forfeited to the City pursuant to the forfeiture proceedings set forth in MCLA § 333.7522 through MCLA § 333.7524a.
(g)
Delivery or sale to a minor. A person 18 years of age or older who violates Subsection (c) of this section by delivering, selling, or offering to sell drug paraphernalia to a person less than 18 years of age, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250 nor more than $500, and by imprisonment of not less than three days nor more than 90 days, in the discretion of the court.
[1]
Editor's Note: This ordinance also repealed former Section 20-10, adopted by Ord. No. 751.
[Ord. No. 751]
No person shall maliciously use any telephone service or radio communications common carrier with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any other person.
[Ord. No. 751; Ord. No. 1135, 3-1-1995; Ord. No. 1377, 11-19-2003]
(a)
No person shall, with the intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm, dagger, dirk, razor, stiletto, or knife having a blade over three inches in length, or any other dangerous or deadly weapon or instrument.
(b)
No person shall carry a dagger, dirk, stiletto, metallic knuckles, slung-shot, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
[Ord. No. 1073, 11-18-1992]
(a)
Purpose. The people of the City of Holland enact this section to:
(1)
Protect the public from the illegal acts of minors committed after the curfew hour;
(2)
Protect minors from improper influences that prevail after the curfew hours;
(3)
Protect minors from criminal activity that occurs after the curfew hour; and
(4)
Require parents to exercise control of their minor children.
(b)
Definitions. In the interpretation of this section, the following definitions shall apply:
(1)
MINOR — Any person under the age of 17 years.
(2)
PARENT — Includes mother, father, legal guardian, and any other person having the care or custody of a minor or such other adult with whom a minor may be found residing.
(3)
RESIDENCE — A home, apartment, condominium, or other dwelling unit and includes the curtilage of such dwelling.
(c)
Curfew for minors.
(1)
Minors 12 years and under. No minor the age of 12 or under shall be upon, in, or on any public street, highway, alley, park, vacant lot, or other public place between the hours of 10:00 p.m. and 6:00 a.m. of the following day, unless subject to the exceptions set forth in Subsection (c)(3).
(2)
Minors 13 years to 16 years. No minor the age of or between the age of 16 and 13 years shall be upon, in, or on any public street, highway, alley, park, vacant lot, or other public place between the hours of 12:00 midnight and 6:00 a.m. of the following day, unless subject to the exceptions set forth in Subsection (c)(3).
(3)
Exceptions to the operation of the curfew. A minor shall not violate the provisions of this section if any of the following exceptions are found to exist:
a.
Where the minor is accompanied by a parent, guardian, or some adult over 21 years of age delegated by the parent or guardian to accompany the minor child for a designated period of time and for a specific purpose within a specified area;
b.
Where the minor is a resident of another City or a resident of the City of Holland and is in a motor vehicle with parental consent and is travelling through the City of Holland or the City of Holland is the origin destination of interstate travel. This exception shall not apply to minors sitting in parked vehicles without parental consent.
c.
Where the minor is employed in the course of lawful employment or for a period of 1/2 hour before to 1/2 hour after work, while travelling a direct route between such place of employment and his or her residence, and carried on his person a written statement signed by his or her employer showing the time when the minor left work on that day.
(d)
Parental responsibility for minors violating curfew. No parent shall knowingly fail, permit, or neglect to supervise a minor from violating the provisions of Section 20-13(c). A rebuttable presumption of a violation shall occur if the following is found to exist:
(1)
The parent of such minor is immediately notified by the Police Department, advising the parent of the arrest or detention of the minor; the reason for such detention; and the parent's responsibility under this section. A record of such notification(s) shall be maintained by the Police Department.
(2)
Any parent who fails to pick up a minor detained by the Police Department upon notification by the Police Department or any parent who has received two prior notifications regarding curfew violations of any minor within their control shall be guilty of a misdemeanor.
(e)
Aiding or abetting violations; misdemeanor. Any person of the age of 17 years or over assisting, aiding, abetting, allowing, permitting, or encouraging any minor under the age of 17 years to violate the provisions of Section 20-13(c)(1) or (2) hereof is guilty of a misdemeanor.
[Ord. No. 1137, 3-1-1995; amended 1-17-2018 by Ord. No. 1714]
(a) ALCOHOLIC BEVERAGE ALLOW CONTROL OVER ANY PREMISES, RESIDENCE, OR OTHER REAL PROPERTY CONTROLLED SUBSTANCE CORRECTIVE ACTION(1) (2) (3) MINOR PREMISES RESIDENCE SOCIAL GATHERING
Definitions. As used in this section, the following definitions shall apply:
An alcoholic liquor as defined in § 105 of the Michigan Liquor Control Act of 1998, Act No. 58 of the Public Acts of 1998, being MCLA § 436.1105.
To give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:
The authority to regulate, direct, restrain, superintend, control, or govern the conduct of other individuals on or within that premises, residence, or other real property, and includes, but is not limited to, a possessory right.
That term as defined in § 7104 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being § 333.7104 of the Michigan Compiled Laws.
Any of the following:
Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in Subsections (2) and (3) if the minor or other individual does not comply with the request.
Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.
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.
An individual less than 21 years of age.
A permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:
A permanent or temporary place of dwelling, including, but not limited to, any of the following:
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 immediate family.
(b)
Prohibitions. Except as otherwise provided in 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 other 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)
Exceptions. This section does 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 for religious purposes.
(e)
Presumptions. 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 a 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, or reasonably should have known, that a minor was consuming or in possession of an alcoholic beverage or knew, or reasonably should have known, that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence, or other real property.
(3)
The defendant failed to take corrective action.
[Ord. No. 1312, 8-15-2001]
(a)
No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his or her respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes. (MCLA § 752.272)
(b)
As used in this section, "chemical agent" means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, hydrocarbons and hydrocarbon derivatives. (MCLA § 752.271)
(c)
A person who is convicted of a violation of this section may be punished by imprisonment for not more than 93 days or by a fine of not more than $100, or both.
[Added 12-5-2018 by Ord. No. 1755]
(a)
In conformance with §§ 4.1 and 6.2 of the of the Michigan Regulation and Taxation of Marihuana Act (the "Act"), Initiated Law 1 of 2018 (MCLA §§ 333.27951 to § 333.27967):
(1)
No person shall transfer marihuana or marihuana accessories to a person under the age of 21;
(2)
No person shall engage in the separation of plant resin by butane extraction or another method that utilizes a substance with a flash point below 100° F. in any public place, motor vehicle, or within the curtilage of any residential structure;
(3)
No person shall consume marihuana or smoke marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property;
(4)
No person shall cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;
(5)
No person shall consume marihuana while operating, navigating, or being in the physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoke marihuana within the passenger area of a vehicle upon a public way;
(6)
No person shall possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or Grades 1 through 12, in a school bus, or on the grounds of any correctional facility.
(b)
Violations and penalties. A person who violates or fails to comply with this section shall be responsible for a civil infraction punishable by a fine of $100 and forfeiture of the marihuana.
(c)
This section does not prohibit any activity that is authorized by the Act or other state or federal law.
[Added 12-19-2018 by Ord. No. 1757]
(a)
Pursuant to the provisions of § 6.1 of the Michigan Regulation and Taxation of Marihuana Act (the "Act"), Initiated Law 1 of 2018 (MCLA §§ 333.27951 to 333.27967), marihuana establishments, as defined by the Act, are completely prohibited within the boundaries of the City.
(b)
Any applicant for a state or local license to establish a marihuana establishment, as defined by the Act, within the boundaries of the City shall be deemed to be not in compliance with this section or with the Code of Ordinances amended by this ordinance.
(c)
Except as set forth above, this section does not prohibit any activity that is authorized by the Act or other state or federal law.