[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).
(b)
An individual who furnishes fraudulent identification to a minor or, notwithstanding Subsection (a), a minor who uses fraudulent identification to purchase alcoholic liquor is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(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.
