[Adopted as indicated in section histories]
[Adopted 1-28-1997 by Ord. No. 75 (Ch. 16, Art. IV, Div.
3, Sec. 16-141, of the 2007 Code of Ordinances)]
A.
It shall be unlawful for any person to loiter or prowl in a place
within the Township without a valid reason, at a time or in a manner
such that a reasonably prudent person would deem unusual for law-abiding
individuals and under circumstances that warrant alarm for the safety
of persons or property in the area.
B.
Among the circumstances which may be considered in determining whether
or not alarm is warranted is the fact that the person takes flight
upon the appearance of a police officer, refuses to identify himself,
or endeavors to conceal himself or any object.
[Adopted 1-28-1997 by Ord. No. 69 (Ch. 16, Art. IV, Div.
3, Sec. 16-142, of the 2007 Code of Ordinances)]
It shall be unlawful for any person to willfully enter upon
the lands or premises of another without lawful authority after having
been forbidden to do so by the owner or occupant, and it shall be
unlawful for any person being upon the land or premises of another
who upon being notified to depart therefrom by the owner or occupant
or the agent or servant of either, neglects or refuses to depart therefrom.
[Adopted 10-26-1999 by Ord. No. 90 (Ch. 16, Art. IV, Div.
3, Sec. 16-143, of the 2007 Code of Ordinances)]
It shall be unlawful for any person under the age of 16 years
of age to enter upon or remain within any parking lot or street parking
facility unless accompanied by a parent, guardian, or responsible
adult who is using such facility for its lawful purpose of vehicular
parking.
[Adopted 10-26-1999 by Ord. No. 90 (Ch. 16, Art. IV, Div.
3, Sec. 16-144, of the 2007 Code of Ordinances)]
A.
BUSINESS PARKING LOT
Definition. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any privately owned parking lot providing free parking during
business hours adjacent to any store, office building, commercial
building or industrial building for the convenience of employees and
customers or patrons.
B.
Trespassing after hours. No person shall enter or stay on any business
parking lot at anytime that staying or entering the lot is prohibited
by the owner, as shown by a sign at the parking lot. No person shall
place or leave any vehicle on any business parking lot at any such
time.
[Adopted 10-26-1999 by Ord. No. 90 (Ch. 16, Art. IV, Div.
3, Sec. 16-145, of the 2007 Code of Ordinances)]
A.
Prohibition. It shall be unlawful for any person to enter or remain
upon any private or posted property without the written permission
of the owner, tenant, or occupant in the legal possession or control
of the property.
B.
Posting of signs. Private or posted property includes, but is not
limited to, any private property within the Township regularly used
for commercial purposes, or for parking for any apartment houses on
which signs have been posted. The signs referred to in this subsection
shall read "Trespassing-Loitering forbidden by Township Ordinance,"
followed by a designation of specific hours during which such trespassing
and loitering are prohibited.
[Adopted 10-26-1999 by Ord. No. 87 (Ch. 16, Art. IV, Div.
3, Sec. 16-146, of the 2007 Code of Ordinances)]
It shall be unlawful for any person to enter upon or loiter
upon any private parking area either in a vehicle or on foot, without
the express or implied permission of the owner, lessee, occupant,
or agent.
A.
Before this section shall be effective in any parking area, suitable
signs must be first posted which would apprise the ordinarily observant
person of the restricted use of the parking area. For the purpose
of this section, implied permission shall be deemed granted to any
person for the use designated by such signs. Implied permission shall
not be deemed granted to any person found upon any private parking
area after business hours of the owner, lessee, occupant, or agent
of the parking area.
B.
The posting of signs upon a parking area pursuant to this section
shall constitute authority by the owner, lessee, occupant, or agent
of the property for the Township or County Sheriff's Department to
enforce this section.
[Adopted 7-10-1973 by Ord. No. 29 (Ch. 16, Art. IV, Div.
3, Sec. 16-147, of the 2007 Code of Ordinances)]
A.
OWNER
TRESPASS or THE ACT OF TRESPASSING
VEHICLE
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
The titleholder or contract titleholder of private property,
or the lessee, tenant, occupant, agent or trustee thereof.
The unauthorized use of private property by persons or vehicles
without the express or implied consent, authorization or ratification
of the owner.
Any motor-driven vehicle of any type which utilizes sled-type
runners, skis, wheels, or an endless belt tread, or any combination
thereof, or other similar means of contact with the surface upon which
it is operated, required to be licensed by the state in order to be
used on the public highways.
B.
Acts prohibited. No person shall:
(1)
Trespass upon the private property of another by making any use thereof
whatsoever, unless the express or implied consent, authorization or
ratification therefor shall have been obtained from the owner.
(2)
Operate, park, leave, stop or stand a vehicle on private property
of another without the express or implied consent authorization or
ratification therefor from the owners.
C.
Registration and notice.
(1)
Required. To invoke the operation and enforcement of this section,
the owner must register the property by appropriate description on
forms provided by the Township Clerk to be filed with the Township
Clerk, who shall maintain a current roster thereof, and furnish copies
of same to the law enforcement agencies in and for the Township.
(2)
Registration fee. There shall be an annual registration fee paid
to the Township by the owner in such amount as shall be prescribed
by resolution of the Township board.
(3)
Posting required. Any property registered as provided herein must
be posted with a notice by the owner in one or more places as to be
plainly visible to persons unfamiliar with such property for the purpose
of giving notice that trespassing is prohibited.
(4)
Form of posted notice. The form of the posted notice required by Subsection C(3) of this section shall be substantially as follows:
"This is private property for the use of __________ only. All others using this property are trespassing and in violation of Oakland Township, Code of Ordinances, § 285-22.
This private property has been registered under the provisions
of such section and violators will be prosecuted and unauthorized
vehicles towed away or ticketed therefor."
D.
Enforcement, remedies and penalty.
(1)
Evidence of violation. In any enforcement proceeding for violation
of the provisions of this section, the license plate number displayed
on any vehicle shall be prima facie evidence that the owner thereof
is the person who has placed or used the vehicle on the private property.
(2)
Complaint to be signed. Any person observing a violation of this
section may sign a complaint for the enforcement thereof.
(3)
Vehicle may be towed away. Any owner or law enforcement agency of
the Township may cause any vehicle that is violating the provisions
of this section to be towed away; or, any police officer may issue
a ticket therefor and leave it attached to such vehicle requiring
the appearance of the owner thereof in court at the time and place
designated therein to answer for the violation of this section.
[Adopted 10-26-1999 by Ord. No. 87 (Ch. 16, Art. IV, Div.
3, Sec. 16-148, of the 2007 Code of Ordinances)]
A.
It shall be unlawful for any person to break and enter, or enter
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,
boathouse, hunting or fishing lodge, garage, or the outbuildings belonging
thereto, or any other structure, whether occupied or unoccupied, without
first obtaining permission to enter from the owner or occupant, agent,
or person having immediate control thereof.
B.
This section shall not apply:
(1)
To entering without breaking of any place which at the time of such
entry was open to the public, unless such entry has been expressly
denied.
(2)
Where the breaking and entering or entering without breaking was
committed by a peace officer, Fire Department official or other person
authorized by law to break and enter or otherwise enter without breaking
provided the breaking and entering or entering without breaking was
committed in the lawful performance of their duties as a peace officer,
Fire Department official or other person authorized by law to break
or otherwise enter without breaking.
