[Code 1975, § 24-25; Code 1992, § 20-176]
It shall be unlawful to knowingly make any open or indecent
exposure of his or her person or of the person of another.
[Code 1975, § 24-30; Code 1992, § 20-177]
A person shall be deemed guilty of a misdemeanor if, with the
purpose of causing public danger, alarm, disorder or nuisance or if
his or her conduct is likely to cause public danger, alarm, disorder
or nuisance, such person willfully uses abusive or obscene language
or makes an obscene gesture to any other person when such words, by
their very utterance, inflict injury or tend to incite an immediate
breach of the peace and invade the right of other persons to pursue
their lawful activities.
[Code 1975, § 24-37; Code 1992, § 20-178]
No person shall either urinate or defecate in any public place
other than designated facilities for the purpose of urinating or defecating.
[Code 1992, § 20-179; 5-26-1992 by Ord. No. 1025; 6-12-1995 by Ord. No. 1090; 2-25-2019 by Ord. No. 19-002]
(a)
Findings. The City determines that whenever illegal activity, as defined in Subsection (b) of this section, occurs on any property, as defined in Subsection (b) of this section, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property, and the peace and quiet of residents living in the neighborhood surrounding the property are disturbed, thereby constituting a public nuisance.
(b)
ILLEGAL ACTIVITY
OWNER
PROPERTY
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:
Lewdness, assignation or prostitution or gambling, or using
or keeping a property for the use of prostitutes or other disorderly
persons or using a property for the unlawful manufacture, storing,
possessing, transporting, sale, keeping for sale, bartering, furnishing
or otherwise disposing of any narcotic and/or hypnotic drug and/or
drug paraphernalia as defined by law or of any alcoholic liquor.
Any person who possesses or has any legal and/or equitable
interest in the property in question.
Any structure, house, premises, building, vehicle, boat,
aircraft or place.
(c)
Declaration of nuisance.
(1)
A property where illegal activity occurs is hereby declared
a nuisance, and the furniture, fixtures and contents of any such building,
vehicle, boat, aircraft, or place and all such alcoholic liquors therein
are also declared a nuisance. All such narcotic and/or hypnotic drugs
and nuisances shall be enjoined and abated as provided in this section.
(2)
Any person or his or her servant, agent or employee who shall
knowingly own, lease, conduct or maintain any building, vehicle or
place used for illegal activity or where any illegal activity is conducted,
permitted or carried on is guilty of maintaining a nuisance.
(d)
Procedure for declaration of nuisance. Whenever the City Council
shall find that there has been repeated illegal activity occurring
on any property, it may declare, by resolution, after notice to the
owner and public hearing and recommendation by the Police Chief or
his or her designee, that the property is a public nuisance.
(1)
Public hearing. A public hearing before the City Council shall
be held after publication of notice thereof wherein all interested
parties may present opinions, evidence or other information bearing
on whether the property should or should not be declared a public
nuisance.
(2)
Notice of public hearing. A notice of public hearing setting
forth the date, time and location thereof shall be given in the following
manner to the owner of the property at least seven but not more than
15 days prior to the public hearing:
a.
For real property, the notice shall be personally served or
sent by certified mail-restricted delivery or by alternate service
as defined under the Michigan Court Rules if service by mail or personal
service is unsuccessful after three diligent attempts to the grantee
or vendee of the last recorded conveyancing instrument or memorandum
thereof at the county register of deeds office and, if different,
to the taxpayer of record as indicated in the Building Safety Division,
for a rental unit, or the City Assessor's office, for an owner-occupied
dwelling, and, if different, to the occupants of the premises and
to any mortgagee or lienholder of record.
b.
For personal property, the notice shall be given to the person
shown to be the owner by certified record of the state or federal
agency where titles to such property are required to be filed and,
if different, to such other person as may be known to be in possession
or control of the property and to any lienholder of record. Such notice
shall be personally served or sent by certified mail-restricted delivery
or by alternate service as defined in the Michigan Court Rules if
service by mail or personal service is unsuccessful after three diligent
attempts.
(e)
Abatement of nuisance; costs. If the City Council determines that
a property is a public nuisance, it may, by resolution, in addition
to any other remedies available to the City at law or in equity:
(1)
Authorize the building safety division to prohibit the occupancy
of the property by the persons occupying the premises at the time
of the public nuisance by either padlocking that portion of the building
that would prevent the illegal activity or boarding the property up,
whichever is appropriate, for a period until such person creating
the nuisance vacates the premises.
(2)
Determine that the persons creating the nuisance shall be liable
for the full cost of any personnel, including police and code compliance
officers, involved in each raid subsequent to the first raid, and
the full cost of any City personnel and materials involved in the
boardup or padlocking and assess those costs against the persons creating
the nuisance and for real property assess those costs against the
real property in the same manner as a special assessment.
(f)
Persuasive presumption of public nuisance. It shall be a persuasive
presumption that a property is a public nuisance if:
(1)
The property has been raided by the police and controlled substances
and/or drug paraphernalia or any of the other illegal items described
in the definition of the term "illegal activity" in Subsection (b)
of this section have been found by the police;
(2)
A letter, informing the addressee that controlled substances
(illegal drugs) and/or drug paraphernalia or any of the other illegal
activity has been found by the police at the property and the potential
consequences if similar activity recurs at the property, has been:
a.
Personally served on the owner as indicated by the last recorded
conveyancing instrument filed with the register of deeds of the county
and, if different, as shown on the records of the of the Building
Safety Department;
b.
For a rental dwelling, sent by certified mail-delivery restricted
or alternate service to the owner of record and, if different, the
owner as shown in records of the City Assessor's office as indicated
in the Building Safety Division, and a return receipt card has been
received by the City accepted or refused;
c.
For an owner-occupied dwelling, sent by certified mail-delivery
restricted to the owner of record, as indicated in the City Assessor's
office, and a return receipt card has been received by the City accepted
or refused; or
d.
For personal property, sent by certified mail-delivery restricted
to the owner of record as indicated by the state or federal agency
where titles to such property are required to be filed and a return
receipt card has been received by the City accepted or refused; and
(3)
The same property is raided by the police again within six months
from the date of the first raid and evidence of illegal activity is
found in the subsequent raid by the police.
(g)
Receiving or admitting persons to property where illegal activity is occurring. No person shall receive or admit or offer to receive or admit any person into any place, structure, house, or vehicle or any property as defined in Subsection (b) of this section for the purpose of illegal activity as defined in Subsection (b) of this section or knowingly permit any person to remain in any such place for any such purpose.
(h)
Loitering in places where illegal activity is occurring or about
to occur. No person shall knowingly loiter about a lot that is vacant,
street, curb, lawn, alley, yard, apartment, store, boathouse, or other
place where illegal activity is occurring and, also, in the case of
narcotic and/or hypnotic drug and/or drug paraphernalia, where such
illegal activity is about to occur. Some of the circumstances which
may be considered to determine whether such illegal drugrelated activity
is about to occur would be as follows:
(1)
The person is a known unlawful drug user, possessor, or seller. For purposes of this subsection, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any controlled substance or a person who displays physical characteristics of drug intoxication or usage, such as needle tracks, or a person who possesses drug paraphernalia as defined in § 34-271 of this chapter.
(2)
By order of court and/or probation, the person's presence is
prohibited in a high drug activity geographic area.
(3)
The person behaves in such a manner as to raise a reasonable
suspicion that he or she is about to engage in or is then engaged
in an unlawful drug-related activity, including by way of example
only such person acting as a lookout.
(4)
The person is physically identified by the officer as a member
of a gang or association which has as its purpose illegal drug activity.
(5)
The person transfers small objects or packages for currency
in a furtive fashion.
(6)
Such person takes flight upon the appearance of a police officer.
(7)
The person manifestly endeavors to conceal himself or herself
or any object which could reasonably be involved in an unlawful drug-related
activity.
(8)
The area involved is by public repute known to be an area of
unlawful drug use and trafficking.
(9)
The premises involved are known to have been reported to law
enforcement as a place suspected of drug activity.
(10)
Any vehicle involved is registered to a known unlawful drug
user, possessor, or seller or a person for whom there is an outstanding
warrant for a crime involving drug-related activity.
(11)
The person has been previously warned and such warning has been
logged in the Police Department.
(i)
Frequenting places where illegal activity is occurring. No person shall knowingly attend, frequent, operate or be an occupant of any property as defined in Subsection (b) of this section where illegal activity is occurring.
(j)
Penalty. Upon conviction of a violation of Subsection (e)(2), (g),
(h) or (i) of this section, a person shall be penalized as follows:
(1)
For first violation, a fine of not less than $175 nor more than
$500 and/or imprisonment for not less than seven days nor more than
90 days;
(2)
For a second violation, a fine of not less than $300 nor more
than $500 and/or imprisonment for not less than 30 days nor more than
90 days; and
(3)
For the third or subsequent violation, a fine of not less than
$400 nor more than $500 and/or imprisonment for not less than 60 days
nor more than 90 days, plus costs of prosecution.
(k)
Construction of section. To the extent that provisions of this section
are the same or substantially the same as provisions of MCLA § 600.3801
et seq., court decisions construing the provisions of such statute
shall be instructive in construing this section.
[Code 1992, § 20-180; 11-22-1999 by Ord. No. 1166; 12-8-2014 by Ord. No. 14-010]
(a)
Except as provided in Subsection (b), no person shall use or have in his or her possession or under his or her control marijuana or cannabis, as defined by MCL 333.7106, except as otherwise provided by Article 7 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.7101 et seq.).
[9-12-2011 by Ord. No.
1325]
Any person who engages or offers to engage the services of another
person, not his or her spouse, for the purpose of prostitution, lewdness
or assignation, by the payment in money or other forms of consideration,
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500, or both.
[9-12-2011 by Ord. No.
1325]
A person 16 years of age or older who accosts, solicits, or
invites another person in a public place or in or from a building
or vehicle, by word, gesture, or any other means, to commit prostitution
or to do any other lewd or immoral act, is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500, or both.
[9-12-2011 by Ord. No.
1325]
A person 16 years of age or older who receives or admits or
offers to receive or admit a person into a place, structure, house,
building, or vehicle for the purpose of prostitution, lewdness, or
assignation, or who knowingly permits a person to remain in a place,
structure, house, building, or vehicle for the purpose of prostitution,
lewdness, or assignation, is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500, or both.
[Code 1975, § 24-60; Code 1992, § 20-191]
(a)
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All equipment, products and materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, 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. It includes
but is not limited to the following:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting any species of a plant
which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances.
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use, or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from or in otherwise cleaning
or refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
in the human body.
Objects used, intended for use or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion mask.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
(b)
In determining whether an object is drug paraphernalia, a court or
other authority should consider, in addition to all other logically
relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the objects
concerning its use.
(2)
Prior convictions, if any, of an owner or of anyone in control
of the object under any state or federal law relating to any controlled
substances.
(3)
The proximity of the object, in time and space, to a direct
violation of state law.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substances on the
object.
(6)
Direct or circumstantial evidence of the intent of an owner
or of anyone in control of the object to deliver it to persons 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 law shall not prevent
a finding that the object is intended for use or designed for use
as drug paraphernalia.
(7)
Instruction, oral or written, provided with the object concerning
its use.
(8)
Descriptive materials accompanying the object which explain
or depict its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed for sale.
(11)
Whether the 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.
(12)
Direct or circumstantial evidence of the ratio of sales of the
objects to the total sales of the business enterprise.
(13)
The existence and scope of legitimate uses for the object in
the community.
(14)
Expert testimony concerning its use.
[Code 1975, § 24-61; Code 1992, § 20-192]
It is unlawful for any person to use or to possess with 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.
[Code 1975, § 24-62; Code 1992, § 20-193]
It is unlawful for any person to deliver, sell, possess with
intent to deliver or sell, or manufacture with intent to deliver or
sell drug paraphernalia, knowing that it will be used to plant, 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 law.
[Code 1975, § 24-63; Code 1992, § 20-194]
It is unlawful for any person to 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.
[Code 1975, § 24-64; Code 1992, § 20-195]
This division shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals,
research teaching institutions, clinical laboratories, medical doctors,
osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists,
and embalmers in the normal legal course of their respective business
or profession, nor to persons suffering from diabetes, asthma, or
any other medical condition requiring self-injection.
[Code 1975, § 24-65; Code 1992, § 20-196]
Any drug paraphernalia used, sold, possessed with intent to
use or sell, or manufactured with intent to sell in violation of this
division shall be seized and forfeited to the City.
[Code 1975, § 24-67; Code 1992, § 20-197]
An individual 18 years of age or over who violates § 34-273 by delivering or selling to an individual under 18 years of age drug paraphernalia, knowing that it will be used to plant, 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 law shall be deemed 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.
[9-12-2011 by Ord. No.
1325]
(a)
DISTRIBUTE
IMITATION CONTROLLED SUBSTANCE
MANUFACTURE
As used in this section:
The actual, constructive, or attempted transfer, sale, delivery,
or dispensing from one person to another of an imitation controlled
substance.
A substance that is not a controlled substance or is not
a drug for which a prescription is required under federal or state
law, which by dosage unit appearance including color, shape, size,
or markings, and/or by representations made, would lead a reasonable
person to believe that the substance is a controlled substance. However,
this subsection does not apply to a drug that is not a controlled
substance if it was marketed before the controlled substance that
it physically resembles.
The production, preparation, compounding, conversion, encapsulating,
packaging, repackaging, labeling, relabeling, or processing of an
imitation controlled substance, directly or indirectly.
(b)
In addition to all logically relevant factors, the following factors
as related to "representations made" shall be considered in determining
whether a substance is an imitation controlled substance:
(1)
Any express or implied representation made that the nature of
the substance or its use or effect is similar to that of a controlled
substance.
(2)
Any express or implied representation made that the substance
may be resold for an amount considerably in excess of the reasonable
value of the composite ingredients and the cost of processing.
(3)
Any express or implied representation made that the substance
is a controlled substance.
(4)
Any express or implied representation that the substance is
of a nature or appearance that the recipient of the substance will
be able to distribute the substance as a controlled substance.
(5)
That the substance's package, label, or name is substantially
similar to that of a controlled substance.
(6)
The proximity of the substance to a controlled substance.
(7)
That the physical appearance of the substance is substantially
identical to a specific controlled substance, including any numbers
or codes thereon, and the shape, size, markings, or color.
(c)
A person shall not use, or possess with intent to use, an imitation controlled substance, except under the direction of a person authorized pursuant to Subsection (e). A person who violates this subsection is subject to a municipal civil infraction with a fine of not more than $100 and costs. Upon a second or subsequent violation of this subsection, a person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100, or both.
(d)
A default in the payment of a civil fine or costs ordered under Subsection (c) or an installment thereof may be collected by any means authorized for the enforcement of a judgment under Chapter 40 of the Revised Judicature Act of 1961, Act No. 236 of the Public Acts of 1961, being Sections 600.4001 to 600.4065 of the Michigan Compiled Laws, or under Chapter 60 of Act No. 236 of the Public Acts of 1961, being Sections 600.6001 to 600.6097 of the Michigan Compiled Laws.
(e)
This section does not apply to any person who is authorized by the
administrator or the Federal Food and Drug Administration to manufacture,
distribute, prescribe, or possess an imitation controlled substance
for use as a placebo for legitimate medical, therapeutic, or research
purposes.
