[Amended 12-18-2017 by Ord. No. 129]
The purpose of this article is to safeguard the health, well-being
and welfare of the persons and property of the Charter Township of
Blackman, to define offenses against persons and property, to provide
penalties for committing offenses against persons or property in the
Charter Township of Blackman and to repeal and replace Ordinance Numbers
39 and 71.
For the purpose of this article, the following terms shall have
the following meanings respectively designated for each:
ANIMAL
Includes birds, fish, mammals and reptiles.
LIVESTOCK
Horses, cattle, swine, sheep, goats and fur-bearing animals,
of either gender, being raised in captivity.
OWNER
The term "owner" and persons owning premises shall mean both
the owner of title of record and those occupying or in possession
of any property or premises. The term "owner," when applied to the
proprietorship of any animal, means every person having a right of
property in the animal, an authorized agent of the animal, and every
person who keeps or harbors the animal or has it in his or her care,
custody or control, and every person who permits the animal to remain
on or about the premises occupied by himself or herself.
PEACE OFFICER
Any person employed or elected by the people of the Charter
Township of Blackman, or by the State of Michigan or the County of
Jackson, whose duty is to preserve the peace or to make an arrest
or to enforce the law, and includes game, fish or forest wardens,
members of the State Police, Conservation Officers or firefighters.
PERSON
Includes state and local officers and employees, individuals,
corporations, copartnerships and associations.
POULTRY
All domestic fowl, ornamental birds and game birds possessed
or being reared under the authority of a breeder's license pursuant
to Act 191 of the Public Acts of 1929, as amended. (MCLA § 317.71
et seq.; MSA 13.1271 et seq.)
PROPERTY
Tangible or intangible real or personal property.
PUBLIC PLACE
Any street, alley, sidewalk, park, public building, any place
of business open to or frequented by the public, and any other place
which is visible or accessible to the public.
TOWNSHIP
The Charter Township of Blackman.
It shall be unlawful and punishable, as provided herein, for
any person to be a disorderly person within the Charter Township of
Blackman.
None of the terms or prohibitions hereof shall apply to or be
enforced against:
A. The operation of any vehicle of the Township while engaged upon necessary
public business.
B. Excavation or repairs of bridges, streets, highways or water mains
by or on behalf of the Township or state during the night when the
public welfare and convenience renders it impossible to perform such
work during the day.
No parent, guardian, or other person having charge, guardianship,
custody or control of any minor under the age of 17 years shall encourage,
knowingly permit or by inefficient control allow the minor to violate
a provision of this article. Proof that the minor was convicted of
violating this article shall be prima facie evidence that the minor's
parent or guardian allowed or encouraged the minor to violate such
section.
Any person violating any provision of this article shall be
deemed guilty of a misdemeanor. Penalties may be imposed up to 90
days' incarceration in the Jackson County Jail and/or fines up to
$500 plus the costs of prosecution. In addition, any violation of
this article shall be deemed a nuisance per se, permitting the Township
Board, its officers, agents or any private citizen who lives in the
Township to take such action in any court of competent jurisdiction
to cause the abatement of such nuisance, including injunctive relief.
This purpose of this article is to prohibit the theft of property.
The title of this article shall be "Offenses Against Property."
The purpose of this article is to protect the property of the
residents of the Charter Township of Blackman by prohibiting the theft
of property.
No person shall steal the property of another person.
A person who does any of the following in a store or its immediate
vicinity is guilty of retail fraud:
A. While a store is open to the public, alters, transfers, removes and
replaces, conceals or otherwise misrepresents the price at which property
is offered for sale with the intent not to pay for the property or
to pay less than the price at which the property is offered for sale.
B. While a store is open to the public, steals property of the store
that is offered for sale.
C. With intent to defraud, obtains or attempts to obtain money or property
from the store as a refund or exchange for property that was not paid
for and belongs to the store.
Any person violating any section of this article shall be guilty
of a misdemeanor punishable by a fine of not more than $500 or by
imprisonment in the county jail for a period of not exceeding 90 days,
or both such fine and imprisonment.
This article shall be enforced by the Public Safety Department
of the Charter Township of Blackman.