[Ord. No. 93, § 1, 2-3-1992]
This article shall be known and cited as the "Chesterfield Township Trespass Ordinance".
[Ord. No. 93, § 2, 2-3-1992; 7-29-2020 by Ord. No. 182]
This division is adopted pursuant to and in accordance with applicable provisions of MCLA § 750.552, as amended.
[Ord. No. 93, § 3, 2-3-1992]
As used in this article:
OWNER
Shall mean the fee titleholder of real property or the lessee, tenant, occupant, agent or trustee thereof having exclusive possession and control of real property.
PERSON
Shall mean any natural person, partnership, firm or corporation.
REAL PROPERTY
Shall mean any publicly or privately owned land including any structures erected thereon or improvements installed therein, and any trees, shrubs or any other vegetation located within the boundaries thereof.
TRESPASS
Shall mean entering, or remaining upon the land or premises of another without lawful authority after having been forbidden to do so by the owner or occupant.
[Amended 7-29-2020 by Ord. No. 182]
VEHICLE
Shall mean any mobile unit on wheels which is required to be licensed by the State of Michigan, off-the-road vehicles, all terrain vehicles, snowmobiles, or any non-motorized vehicle operated by a person.
[Ord. No. 93, § 4, 2-3-1992; 7-29-2020 by Ord. No. 182]
(a) 
It shall be unlawful for a person to enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant, or the agent of the owner or occupant. This subsection includes, without limitation, any person who returns to any place of business after having been forbidden or banned from returning, whether due to disorderly behavior, intoxication, theft, or otherwise.
(b) 
It shall be unlawful for a person to remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant, or the agent of either.
(c) 
All delivery personnel shall use sidewalks and accepted and approved walkways and shall refrain from traversing lawns or other private property not normally used as a walkway by the general public in order to effect delivery.
(d) 
It shall be unlawful for a person to knowingly enter in or remain upon any lands of another, without the consent of the owner or lessee of the lands, under any of the following conditions:
(1) 
The lands are fenced or enclosed in a manner to exclude intruders;
(2) 
Notice to stay off or leave has been personally communicated to him or her by the owner or lessee of the lands or some other authorized person;
(3) 
Notice against trespass is given by posting in a conspicuous manner.
[Added 7-29-2020 by Ord. No. 182]
Any person, firm, association, partnership or corporation who violates any of the provisions of this division shall be guilty of a misdemeanor punishable by imprisonment in the County jail for not more than 30 days or by a fine of not more than $250, or both.
[1]
Editor's Note: Former Section 46-120, which contained provisions on the registration of land and fees, adopted 2-3-1992 by Ord. No. 93, was repealed 1-3-2000 by Ord. No. 93-01.
[Added 7-29-2020 by Ord. No. 182][1]]
This division shall be enforced by the Chesterfield Township Police Department, Code Enforcement Department, or other agent that the Township Board may, from time to time, designate by resolution.
(a) 
A Township police officer or designated ordinance enforcement officers may tow away, store and seize any abandoned vehicle parked or standing on real property in the same manner and in accordance with the procedures set forth in MCLA § 257.252a, as amended, concerning abandoned vehicles, which procedure is expressly incorporated herein by reference.
(b) 
A Township officer or designated ordinance enforcement officer may issue an appearance ticket for a violation of this division and leave the ticket attached to a vehicle requiring the appearance of the owner in court or may personally serve any person who trespasses upon real property in violation of this division.
[1]
Editor's Note: This ordinance also repealed former Sec. 46-121, Posted notice, adopted and amended Ord. No. 93, § 6, 2-3-1992; Ord. No. 93-01, § 1(1.2), 1-3-2000.
[1]
Editor's Note: Former Sec. 46-122, Enforcement, and former Sec. 46-123, Enforcement remedies, adopted Ord. No. 93, §§ 7 and 82-3-1992, were repealed 7-29-2020 by Ord. No. 182. For current provisions, see Sec. 46-121.