It shall be unlawful for any person to erect or place any part of any fence composed in whole or in part of barbed wire or thorn hedge within two feet of any sidewalk lying in any street, alley, or highway, or being the owner or occupant thereof, knowingly to permit any such fence, or any part thereof, to be placed, erected, maintained, or to encroach by growth or decay or otherwise, within such distance of two feet of any such sidewalk, or knowingly to allow any part of any fence owned or occupied by them to overhang or encroach upon any such sidewalk.
It shall be unlawful for any person under the age of 17 to be on any public street or in any public place in the City during the hours 11:00 p.m. to 6:00 a.m. unless accompanied by their parent or guardian or without having in their possession a written permit signed by their parent or guardian stating the place(s) and time(s) they are allowed to go.
No person shall, within the City, be a disorderly person as defined by Act 328 of the Public Acts of 1931, as amended.[1]
[1]
Editor's Note: See Michigan Penal Code Ch. XXVIII, Disorderly Persons, § 750.167 et seq.
A. 
Except as otherwise expressly provided in this section, it shall be unlawful for any person to drive, propel, locate, or in any manner permit the location, driving, or propulsion of any power or motor driven vehicle along the shores of Lake Michigan. The lake shores of Lake Michigan are hereby defined to be that land which lies northerly of the northerly line of any property platted or unplatted to the water's edge of Lake Michigan and bounded to the east and west by the corporate lines of the City.
B. 
It is provided, however, that any such power or motor driven vehicle may traverse along the forbidden area above described if such vehicle is specifically permitted to do so by a permit issued by the Chief of Police of the City, or is a vehicle involved in the performance of duties and/or projects for a department or duly authorized representative of the City.
No person shall, within the City, explode any fireworks or explosives without a written permit from the City Manager.
No person shall, within the City, consume alcoholic liquor, or offer alcoholic liquor to another person, on any street, sidewalk, alley, public building, public park, public beach, school grounds, church property, or in any automobile while parked or being driven on any street in the City.
No person shall, in the City, swim or bathe nude in any public place.
If any person shall assault or resist the Chief of Police, police officer, or any other City officer, or shall hinder or obstruct any such officer while in the discharge of their official duty, or shall rescue or attempt to rescue any person apprehended by any such officer for violating any provision of this Code or any ordinances of the City, the City Charter, or any state or federal law, such person shall be guilty of a misdemeanor and subject to the penalties as prescribed by Section 1-7 of this Code.
No person shall, in the City, discharge any firearm or air rifle.
It shall be unlawful for any person to operate or utilize any bicycle, unicycle, skateboard, scooter, roller skates, roller blades, or other similar device on the sidewalks of the City within the following designated area: Whittaker Street and Buffalo Street within the City limits. This prohibition shall apply to sidewalks on both sides of the aforementioned streets as well as the other public areas located therein.
It shall be unlawful for any person to use, possess, sell, offer to sell or be under the influence of marijuana. For the purposes of this section, "marijuana" shall have the same definition as that set forth in Article 7 of Act 368 of the Public Acts of 1978 [MCLA § 333.7106(3)], as amended. Any person who violates this section shall be guilty of a misdemeanor, punishable as provided in Section 1-7 of this Code.
A. 
Purpose. This ordinance is enacted for the purpose of protecting public health, safety and general welfare of persons and property within the City of New Buffalo, pursuant to the authority granted by state law and City Charter and Public Health Code (MCLA § 333.7453), by prohibiting the sale or dispensation of drug paraphernalia used, designed, marketed or intended for use with a controlled substance or substances without an appropriate license from the State of Michigan within the City of New Buffalo, and to provide penalties for the violation thereof.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE
Is defined as set forth in the Controlled Substances Act of the State of Michigan found at MCLA § 333.7101 et seq., as amended.
DRUG PARAPHERNALIA
Any items, equipment, product or material of any kind which is used, designed, marketed or intended for use with a controlled substance.
USED, DESIGNED, MARKETED OR INTENDED FOR USE WITH A CONTROLLED SUBSTANCE
That at the time the drug paraphernalia is sold, displayed or otherwise dispensed, the drug paraphernalia either: was primarily designed, adapted or marketed because of its objective physical features, for use with a controlled substance; or was intended by the party selling or dispensing the same for use with a controlled substance.
C. 
Regulation. Any party who sells, offers, gives, or otherwise dispenses any drug paraphernalia shall be guilty of a misdemeanor. This regulations section shall not apply to parties licensed by the State of Michigan to engage in the activities herein prohibited.
D. 
Penalties.
1. 
Unless otherwise stated, any violation of this ordinance shall be punishable as a misdemeanor. The penalty for a misdemeanor violation shall be a fine not to exceed $500 (plus costs of prosecution), and/or by imprisonment in the County jail for not to exceed 90 days, or both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.
2. 
In addition, as an alternate remedy, the City shall have the authority to proceed in any court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with the within ordinance. Election of one of the foregoing remedies shall not preclude the application of other remedies.
E. 
Severability. Should any part of this ordinance be declared unconstitutional, illegal, or of no force or effect by a court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part or portion thereof.
A. 
It shall be unlawful for a person, firm, corporation, association or partnership to establish, maintain or operate, on a private road, any structure, gate or other device for the purpose of impending access to, egress from, or use by a motor vehicle on said road.
B. 
This ordinance shall not apply to any structure, gate or other device erected for the purpose of impeding access to, egress from, or use by a motor vehicle, on a private road which is in lawful existence prior to the adoption of this ordinance.
A. 
In this section the following words and phrases shall have the meanings respectively ascribed to them:
LOITERING
Remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expressing "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
B. 
It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public place in such manner so as to:
1. 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
2. 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto.
3. 
Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.
C. 
When any person causes or commits any of the conditions in this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DELINQUENT ACTS
Those acts which violate the laws of the United States, or the statutes of the State of Michigan or the ordinances of the City of New Buffalo, or those acts which would cause or tend to cause the minor to come under the jurisdiction of the Juvenile Division of the Probate Court as defined by law but does not include traffic violations.
ILLEGAL DRUGS
Controlled substances obtained without a legal prescription.
JUVENILE DELINQUENT
Those minors whose behavior interferes with the rights of others or menaces the welfare of the community.
MINOR
Any person under the age of 18 years residing with a parent.
PARENT
Mother, father, legal guardian and any other person having the care or custody of a minor or any person acting in the parent's stead who has custody or control of the minor.
B. 
Parental duties.
1. 
It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
2. 
Included (without limitation) in this continuous duty of reasonable parental control are the following parental duties:
a. 
To keep illegal drugs or illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor;
b. 
To know the curfew ordinance of the City of New Buffalo and to require the minor to observe it,
c. 
To require the minor to attend regular school sessions and to forbid the minor to be absent from class without parental or school permission,
d. 
To arrange proper supervision for the minor when the parent must be absent;
e. 
To take the necessary precautions to prevent the minor from maliciously or willfully damaging or destroying any real, personal, or mixed property which belongs to the City of New Buffalo, or is located in the City of New Buffalo;
f. 
To forbid the minor from keeping stolen property, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
C. 
Notification of parents; record of notification.
1. 
Whenever a minor is arrested or detained for the commission of any delinquent act within the City of New Buffalo, the parent of the minor shall be immediately notified by the City of New Buffalo, advising the parent of such arrest or detention, the reason therefor, and the parent's responsibility under this ordinance.
2. 
A record of such notifications shall be kept by the City of New Buffalo Police Department.
D. 
Parental violation and penalty.
1. 
If a minor commits a delinquent act, the parent shall be guilty of a violation of this ordinance if it is proven that any act, word, or non-performance of parental duty by the parent encouraged, contributed toward, caused, or tended to cause the commission of the delinquent act by the minor.
2. 
Any parent who violates the provisions of this ordinance, in addition to the other provisions of this ordinance, is responsible for a civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to an increased civil fine as follows:
a. 
The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions.
b. 
The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500, plus costs and other sanctions.
[1] 
A repeat offense means a second (or any subsequent) violation of this ordinance.
[a] 
Committed by a person within any six-month period and
[b] 
For which the person admits responsibility or is determined to be responsible.
[2] 
Each day on which any violation of this ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
E. 
Restitution. In addition to any civil penalty imposed pursuant to this ordinance, the Court may order the parent to pay restitution to a victim of the minor's conduct. The amount of the restitution ordered pursuant to this ordinance shall not exceed $2,500.
F. 
Severability. The provisions of this ordinance are severable, and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect.
[Added 6-1-2018 by Ord. No. 229]
A. 
Purpose. The purpose of this section is to ensure the safety and sense of safety of persons in the community by prohibiting interactions with occupants of motor vehicles operating in traffic lanes and by ensuring zones of personal safety for those engaging in certain activities and for those who may be considered a "captive audience" under applicable law. The City seeks to carefully balance these concerns with the free-speech rights of those who may wish to solicit money or other things of value.
B. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings provided in this section:
ACCOST
To approach or speak to a person in such a manner as would cause a reasonable person apprehension for his or her personal safety, of imminent bodily harm or of the commission of a criminal act upon his or her person, or upon property in his or her immediate possession.
FORCE ONESELF UPON THE COMPANY OF ANOTHER
After engaging or attempting to engage another person in conversation or to induce them into an exchange of any items in a public place, a person does one or more of the following:
1. 
Blocks the passage of the other person;
2. 
Pursues and continues to address the other person for at least 10 feet as the other person attempts to walk away or verbally expresses a desire not to so engage; or
3. 
Otherwise engages in conduct which could reasonably be construed as intended to compel or force the other person to accede to a request or demand.
PUBLIC PLACE
Any street, sidewalk, alley, park, parking lot, public building, or any other property, public or private, open for use by the general public.
C. 
Prohibited conduct. It shall be unlawful for any person to:
1. 
Accost another;
2. 
Force oneself upon the company of another;
3. 
Enter or reach into a traffic lane in a public right-of-way to render any service (except emergency medical or mechanical services) or exchanging with, conveying to, or receiving from an occupant of any vehicle in a traffic lane any funds or other items; or
4. 
Except as otherwise provided in Subsection D, solicit money or other things of value:
a. 
On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property or has posted a sign clearly indicating that solicitations are not welcome on the property;
b. 
While located within 15 feet of an automated teller machine, provided that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;
c. 
While located within any public transportation vehicle, or within 15 feet of any bus stop, taxi stand or rapid transit stop; or
d. 
While located within 15 feet from any person who is waiting in line for entry to any building, public or private, including, but not limited to, any residence, business or athletic facility.
D. 
Exceptions. The following conduct shall not be considered a violation of Subsection C(4):
1. 
Soliciting money or other things of value on private property with the consent or invitation of the property owner;
2. 
Soliciting money or other things of value from the occupant of a residential unit, when such solicitation occurs at the front entrance of the residential unit and the occupant has not asked the person not to solicit on the property or posted a sign clearly indicating that solicitations are not welcome;
3. 
Soliciting emergency assistance from anyone when a person is in immediate need of emergency medical care or a person is being threatened by others with bodily harm.
E. 
Penalty. Any violation of this section shall be a misdemeanor, punishable by not more than 90 days in jail and/or a fine of $500.