City of Royal Oak, MI Offenses Directed Against Public Order

A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in Section 909[1]:

For the first violation by a fine of not more than $100. A court may order a minor under this subsection to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCLA § 333.6107, and designated by the administrator of the office of substance abuse services, and may order that minor to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection B(5).

For a second violation of this subsection, Section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, by a fine of not more than $200, or both. A court may order a minor under this subsection to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCLA § 333.6107, and designated by the administrator of the office of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection B(5).

For a third or subsequent violation of this subsection, Section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, by a fine of not more than $500, or both. A court may order a minor under this subsection to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCLA § 333.6107, and designated by the administrator of the office of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection B(5).

Editor's Note: See MCLA § 436.1909.

An individual who furnishes fraudulent identification to a minor, or notwithstanding Subsection B(1), a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.

When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of Subsection B(1) pleads guilty to a violation of Subsection B(1) or offers a plea of admission in a juvenile delinquency proceeding for a violation of Subsection B(1), the court, without entering a judgment of guilt in a criminal proceeding or a determination in a juvenile delinquency proceeding that the juvenile has committed the offense and with the consent of the accused, may defer further proceedings and place the individual on probation. The terms and conditions of that probation include, but are not limited to, the sanctions set forth in Subsection B(1)(a), payment of the costs, including minimum state cost as provided for in Section 18m of Chapter XIIA of the Probate Code of 1939, 1939 PA 288, MCLA § 712A.18m, and Section 1j of Chapter IX of the Code of Criminal Procedure, 1927 PA 175, MCLA § 769.1j, and the costs of probation as prescribed in Section 3 of Chapter XI of the Code of Criminal Procedure, 1927 PA 175, MCLA § 771.3. If a court finds that an individual violated a term or condition of probation or that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt, or a determination in a juvenile delinquency proceeding that the individual has committed the offense, and proceed as otherwise provided by law. If an individual fulfills the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. An individual may obtain only one discharge and dismissal under this subsection. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. These records shall be furnished to any of the following:

To a court, prosecutor, or police agency upon request for the purpose of determining if an individual has already utilized this subsection.

To the Department of Corrections, a prosecutor, or a law enforcement agency, upon the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:

At the time of the request, the individual is an employee of the Department of Corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the Department of Corrections, the prosecutor, or the law enforcement agency.

[2]

The record is used by the Department of Corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(4)

A violation of Subsection B(1) successfully deferred, discharged, and dismissed under Subsection B(3) is considered a prior violation for the purposes of Subsection B(1)(b) and (c).

(5)

A court may order an individual convicted of violating Subsection B(1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in Section 6103 of the Public Health Code, 1978 PA 368, MCLA § 333.6103, in order to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection B(1) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor under 18 years of age not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.

(6)

The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating Subsection B(1) or (2) as provided in Section 319 of the Michigan Vehicle Code, 1949 PA 300, MCLA § 257.319.

(7)

A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may require that individual to submit to a preliminary chemical breath analysis. A peace officer may arrest an individual based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.

(8)

A law enforcement agency, upon determining that an individual less than 18 years of age who is not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection B(1) shall notify the parent or parents, custodian, or guardian of the individual as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The law enforcement agency shall notify the parent, guardian, or custodian not later than 48 hours after the law enforcement agency determines that the individual who allegedly violated Subsection B(1) is less than 18 years of age and not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6. The law enforcement agency may notify the parent, guardian, or custodian by any means reasonably calculated to give prompt actual notice, including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating Subsection B(1), his or her parents or legal guardian shall be notified immediately as provided in this subsection.

(9)

This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the Commission, or by an agent of the Commission, if the alcoholic liquor is not possessed for his or her personal consumption.

(10)

The following individuals are not considered to be in violation of Subsection B(1):

A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation, including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, MCLA §§ 750.520b to 750.520g, committed against a minor.

A minor who accompanies an individual who meets both of the following criteria:

Has consumed alcoholic liquor.

[2]

Voluntarily presents himself or herself to a health facility or agency for treatment or for observation, including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, MCLA §§ 750.520b to 750.520g, committed against a minor.

A minor who initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.

(11)

If a minor under the age of 18 who is not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under Subsection B(10), the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency.

(12)

This section does not limit the civil or criminal liability of a vendor or the vendor's clerk, servant, agent, or employee for a violation of this act.

(13)

The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this act if the purpose of the consumption is solely educational and is a requirement of the course.

(14)

The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this act.

(15)

Subsection B(1) does not apply to a minor who participates in either or both of the following:

An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

ANY BODILY ALCOHOL CONTENT

An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the State Police, the Commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the State Police, the Commission, or the local police agency and was not part of the undercover operation.

(16)

The State Police, the Commission, or a local police agency shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of Subsection B(1), MCLA § 436.1701(1), or § 436.1801(2).

(17)

In a criminal prosecution for the violation of Subsection B(1) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal.

(18)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Either of the following:

An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

EMERGENCY MEDICAL SERVICES PERSONNEL

Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

As defined in Section 20904 of the Public Health Code, 1978 PA 368, MCLA § 333.20904.

HEALTH FACILITY OR AGENCY

As defined in Section 20106 of the Public Health Code, 1978 PA 368, MCLA § 333.20106.

MINOR

Any person under the age of 21 years at the time of the offense.

§ 278-31 Alcoholic liquor, furnishing to underage persons.

A person commits the offense of furnishing alcoholic liquor to an underage person if he or she gives or furnishes alcoholic liquor to a person who is less than 21 years of age, except upon authority of and pursuant to a prescription of a duly licensed physician.

§ 278-32 Alcoholic liquor, open in vehicle.

A person commits the offense of open alcoholic liquor in a vehicle if he or she transports or possesses any alcoholic liquor in a container which is open, uncapped or upon which the seal is broken, within the passenger compartment of a vehicle on the streets of this municipality or any other place open to the general public, including any area designated for the parking of motor vehicles. If the vehicle does not have a truck or compartment separate from the passenger compartment, a container, which open, uncapped, or upon which the seal is broken, shall be encased or enclosed. This section shall not apply to any chartered passenger vehicle licensed by the Michigan Public Service Commission.

§ 278-33 Alcoholic liquor in vehicle, transportation or possession of.

A person less than 21 years of age shall not knowingly transport or possess in a motor vehicle alcoholic liquor unless the person is employed by a licensee licensed under the Michigan Liquor Control Code of 1998, MCLA § 436.1101, the Liquor Control Commission, or an agent of the Liquor Control Commission, and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment.

§ 278-34 Curfew established for minors; loitering; violations and penalties.

It shall be unlawful for any minor under the age of 17 years to loiter, wander, stroll, play or idle in or upon the public streets, highways, alleys, parks, playgrounds, public places, places of amusement, or entertainment, vacant lots or public unsupervised places in the City of Royal Oak between the hours of 10:30 p.m. and 5:00 a.m. of the following day, unless such minor is accompanied by his or her parent, a brother or sister over the age of 18 years, or adult member of the family, guardian or custodian; provided, however, it shall be lawful for minors to be upon the public streets during the aforesaid while returning home from:

A party or dance held under the auspices of a public or parochial school;

An entertainment, festival or bazaar held under the auspices of any duly and lawfully organized ecclesiastical corporation or the YMCA or the YWCA;

An entertainment held by any religious, educational or other organization primarily organized for young people, held under a special permit issued by the City Commission upon recommendation by the Director of Public Safety.

In all the foregoing cases, the minor attending such function must have the permission of his or her parent, guardian, custodian or teacher to attend the party, dance or entertainment and may be required by any police officer to furnish satisfactory evidence thereof. Any minor shall also have the right to be on the public streets or other public places of the City during the hours aforesaid while engaged in the performance of an errand or duty directed by his or her parent, guardian or custodian, or in cases where the legal employment of such minor makes it necessary for him or her to be upon the streets, alleys or other public places during the hours hereinbefore specified, provided the minor is able to furnish satisfactory proof of the errand, duty or legal employment requiring such presence.

Responsibility of parents. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 17 years to permit such minor to loiter, idle, wander, stroll or play in or be upon the public streets, highways, alleys, parks, playgrounds or other public grounds or public places, places of amusement and entertainment or vacant lots between the hours of 10:30 p.m. and 5:00 a.m. of the following day; provided, however, that the provisions of this section shall not apply to the cases excepted in Subsection A of this article.

Responsibility of operators of places of amusement and entertainment. It shall be unlawful for any person, firm or corporation operating a place or places of amusement and entertainment to permit any minor or minors to enter or remain in such places of amusement and entertainment during the hours prohibited in this chapter; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor.

Permit by Chief of Police. If lawful employment, business or other lawful purposes require a minor under the age of 17 years to be or remain upon the public streets or other public places between the hours of 10:30 p.m. and 5:00 a.m., the Chief of Police, upon written application by the parent or guardian of such minor, and for good cause shown, may issue a written permit for such minor under the age of 17 years to be or remain on the streets or other public places at the time specified in such permit. No such permit shall be issued for a period longer than 30 days from the date of application.

Violations by minors. Any minor violating the provisions of this section shall be deemed a delinquent or neglected child and may be complained against in the Family Court of Oakland County, or any court of competent jurisdiction, as such by any police officer or other person having knowledge of such violation, and such minor shall be dealt with by said Court as provided by law.

Violations and penalties.

Any parent, guardian or other adult person having the care and custody of a minor found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not to exceed 90 days, or both such fine and imprisonment in the discretion of the court.

Each violation of the provisions of this chapter or any part thereof shall constitute a separate offense.

§ 278-34.1 Minor; contributing to neglect or delinquency.

[Added 7-17-2006 by Ord. No. 2006-08]

Contributing to neglect or delinquency of children. Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the Juvenile Division of the Probate Court, as defined in Section 2 of Chapter 12a of Act No. 288 of the Michigan Public Acts of 1939; as added by Act No. 54 of the Michigan Public Acts of the First Extra Session of 1944,[1] and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the Probate Court, shall be guilty of a misdemeanor.

Editor's Note: See MCLA § 712A.2.

§ 278-34.2 Parental responsibility.

[Added 11-20-2006 by Ord. No. 2006-10]

As used in this section, the following terms shall have the following meanings:

CONTROLLED SUBSTANCE

A drug, substance, or immediate precursor included in Schedules 1 to 5 of Part 72 of the Michigan Public Health Code, as amended.

DELINQUENT ACT

An act which violates the laws of the United States, the laws of the State of Michigan, or an ordinance of the City of Royal Oak, or which would cause a minor to come under the jurisdiction of the Family Division of the Circuit Court, as defined by MCLA § 712A.2, as amended. "Delinquent act" does not include a traffic violation which is designated as a civil infraction.

MINOR

Any unemancipated person under the age of 17.

PARENT

The mother, father, legal guardian and any other person having the care of custody or a minor, or any person 17 years of age or older with whom the minor resides, at the time that the delinquent act is alleged to have been committed by the minor.

Parental duties.

It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.

No parent of any minor shall fail to exercise reasonable parental control over the minor. The exercise of reasonable parental control shall include, but is not limited to, the following:

Keeping controlled substances out of the home and out of the possession of the minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional.

Keeping firearms out of the possession of the minor, except those used for hunting in accordance with all applicable laws and regulations and with the knowledge and supervision of a parent.

Requiring the minor to observe the curfew ordinance of the City of Royal Oak.[1]

Editor's Note: See § 278-34 of this chapter.

(d)

Requiring the minor to attend regular school sessions and forbidding the minor to be absent from class without parental or school permission.

(e)

Arranging proper supervision for the minor when the parent is absent.

(f)

Forbidding the minor from willfully or maliciously destroying property belonging to another person.

(g)

Forbidding the minor from knowingly possessing stolen property.

(h)

Forbidding the minor from possessing alcoholic beverages.

(i)

Seeking help from the appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.

(j)

Assisting or cooperating with governmental authorities in their efforts to handle or control the minor, including the production of the minor for court appointments and hearings.

Notification of parents; record of notification. Whenever a minor is arrested or detained for the commission of any delinquent act within the City of Royal Oak, the Royal Oak Police Department shall immediately attempt to notify the parent of such arrest or detention, the reason for the arrest or detention, and the parent's responsibility under this section. A record of such notification efforts shall be kept by the Royal Oak Police Department.

Penalties.

A violation of this section is a civil infraction.

Upon the first conviction of a violation of this section, the parent shall be subject to a fine of not less than $100, plus the costs of prosecution.

Upon the second conviction of a violation of this section, the parent shall be subject to a fine of not less than $250, plus the costs of prosecution.

(4)

Upon the third or subsequent conviction of a violation of this section, the parent shall be subject to a fine of not less than $500, plus the costs of prosecution.

(5)

Pursuant to the violation of this Code, the parent shall to the fullest extent permitted by law be held civilly responsible for any damages caused by the commission of any delinquent act within the City.

§ 278-35 Disorderly conduct.

A person commits the offense of disorderly conduct if he or she:

Engages in fighting or in violent, tumultuous or threatening behavior;

Makes unreasonable noise which tends to cause a public danger, alarm, disorder or nuisance;

Uses threatening, abusive or obscene language or makes an obscene gesture, which by their very use inflict injury or tend to incite a breach of the peace;

Without lawful authority, disturbs any lawful assembly or meeting of persons;

Obstructs vehicular or pedestrian traffic;

Possesses or consumes alcoholic liquor in any public park, public place of amusement, or area under the jurisdiction of the City of Royal Oak that is owned and/or administered by the City of Royal Oak;

Urinates in a public place, except at public toilets.

Engages in an illegal occupation or business;

Loiters in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed;

Knowingly loiters in or about a place where an illegal occupation or business is being conducted;

Is found jostling or roughly crowding people unnecessarily in a public place;

Commits the offense of failure as a disorderly person to disperse if he or she participates with two more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law;

Permits or suffers any place occupied or controlled by him or her to be a resort of noisy, boisterous, or disorderly persons.

A person commits the offense of public intoxication if he or she appears in a public place under the influence of alcohol, a controlled substance, other drugs or combination thereof and he or she is either endangering directly the safety of another person or of property, or is acting in a manner that causes a public disturbance.

Commits the offense of window peeping.

[Added 7-18-2005 by Ord. No. 2005-08]

Vehicle sound equipment noise and vibration. It shall be unlawful for any person to be in possession or control of a parked or moving vehicle with a stereo, disc player, cassette player, speakers, or other similar equipment that is producing sound on a street, driveway, publicly patrolled parking lot or public place at or with a level, volume, intensity, frequency, or other attribute that is perceptible at a distance of 50 feet or more, either by hearing the sound by the human ear or by feeling the sound in the form of vibrations associated therewith. This subsection shall not be applicable to sound emanating from emergency vehicles, vending vehicles, or publicly sponsored or permitted concerts, sporting events, activities, or gatherings. A violation of this subsection is a civil infraction punishable by a fine of $100.

[Added 7-25-2016 by Ord. No. 2016-09]

Loud vehicles. The operation of any automobile, truck, motorcycle or other vehicle so out of repair or so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling or other unreasonable noise, including the noise resulting from exhaust, which is plainly audible at a distance of 50 feet from the vehicle and unreasonably disturbing to the quiet, comfort or repose of other persons. A violation of this subsection is a civil infraction punishable by a fine of $100.

[Added 7-25-2016 by Ord. No. 2016-09]

§ 278-36 Disturbances of the peace by trucks.

It shall be unlawful for any person to cause to be loaded or unloaded any truck, trailer, or combination thereof between the hours of 8:00 p.m. and 7:00 a.m. where such commercial establishment is located within 500 feet of any dwelling.

It shall be unlawful for any truck to be stopped with its engine idling or its refrigeration motor operating between the hours of 8:00 p.m. and 7:00 a.m. on the premises of a commercial establishment located within 500 feet of any dwelling, or on a residential street adjacent to such commercial establishment.

It shall be unlawful to make any deliveries of materials, supplies, equipment and other related items to a construction site between the hours of 8:00 p.m. and 7:00 a.m.

§ 278-37 Disturbances of the peace, construction activity.

It shall be unlawful for any person to cause noise louder than the noise normally present at the location when no construction is in progress by the erection (including excavation), demolition, alteration, or repair of any building, street, highway, or parking area, except between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, 10:00 a.m. to 6:00 p.m. Sunday. The following exceptions shall apply to this section:

The prohibition contained herein shall not apply to necessary excavations or repairs of streets, highways, or public utilities on behalf of the City, county, state, or public utility during the night, when it is necessary to protect the public health, safety, and welfare.

Where the City Engineer has issued a special permit for street work.

Unless the Building Official authorizes a special permit based upon one of the following conditions:

It is in the interest of the general public health, safety, and welfare where a situation constituting an emergency exists. If said condition is determined to exist by the Chief Building Official, he or she shall issue a permit to undertake the necessary activity to alleviate the emergency or until the circumstances causing the emergency no longer exist.

Extenuating circumstance(s) exist which would constitute an unnecessary hardship.

When it is necessary to store construction or construction-related materials and equipment at the work site, said materials and/or equipment will be stored in an orderly fashion and in such a way as to protect the public health, safety, and welfare. Where necessary to comply with the building code and other provisions of this chapter, said materials, supplies, or equipment will be covered and/or screened.

Sufficient refuse storage containers shall be provided for on-site, to handle and prevent debris and refuse from littering the site or surrounding property. When full, the containers shall be removed and replaced. Said containers shall be so designed as to prohibit rodents and others from gaining access to the refuse. The location of said containers shall be approved by the Building Official to minimize the impact on residential property.

At all times the necessary steps shall be taken to ensure that dust, soil, or other material shall not become airborne and travel beyond the construction site property lines. Such steps could include water, chemical treatment, or other ground cover treatment as approved by the Building Official. In addition, fencing and/or screening pursuant to the City's building code may be required by the Building Official. Such activity will be maintained throughout the duration of the construction activity or until a permanent covering is installed.

The Building Official, Director of Public Safety, and their authorized representatives which shall specifically include, but not by way of limitation, all police officers and building inspectors for the City of Royal Oak, are hereby authorized to enforce this section.

§ 278-38 Drug paraphernalia; violations and penalties.

Possession of drug paraphernalia. 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 law.

Manufacture, delivery or sale of drug paraphernalia. It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used 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 law.

Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, 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.

Exceptions. This chapter 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.

Seizure of drug paraphernalia. Any drug paraphernalia used in violation of this section shall be seized and forfeited to the City of Royal Oak.

Violations and penalties. Any person who shall be convicted of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both, in the discretion of the court. Each day a violation continues shall be considered a separate offense and may be punished accordingly.

§ 278-39 Firearms and other weapons.

Discharge of weapons. It shall be unlawful for any person, except a police officer or other peace officer in the discharge of his or her duty, to fire or discharge any gun, pistol, shotgun, rifle, revolver or any other firearm or airgun, slingshot or any other instrument calculated to propel or throw any missile within the City of Royal Oak; provided, however, nothing in the foregoing clause shall prohibit any person from discharging such weapons in the necessary defense of his or her person, family or property; further provided, nothing in this chapter shall prevent the discharge of firearms in a regularly licensed shooting gallery of the City or on target ranges under suitable regulations for the protection and safety of its citizens and inhabitants.

Injury to or destruction of animals and property. It shall be unlawful for any person with a revolver, pistol, gun or other firearm, or with a slingshot, airgun, BB or pellet gun, paint ball gun, or other weapon, to destroy, injure or damage any electric light or equipment, or any animal or other real or personal property, public or private, within the City of Royal Oak, provided this section shall not apply to any police officer acting in the discharge of his or her duty.

Minors.

It shall be unlawful for any person under 18 years of age to use or possess any gun designed and manufactured for propelling BB's or pellets or designed and manufactured for propelling paint cartridges outside the curtilage of their domicile unless accompanied by a parent or guardian over 18 years of age.

It shall be unlawful for any person, company or corporation to sell, offer for sale, give away or distribute any firearm, slingshot, airgun, BB or pellet gun, paint ball gun, other light weapon, or any BB's, pellets or paint cartridges designed to be used by such guns, to any minor under the age of 18 years.

It shall be unlawful for any parent, guardian or other person having custody or charge of any minor under the age of 18 to knowingly permit such minor to have in his or her possession or use of any firearm, slingshot, airgun, BB or pellet gun, paint ball gun, or other similar weapon, except in a duly licensed shooting gallery or target range.

Seizure of guns and weapons. All guns, pistols, airguns, BB or pellet or paint ball guns, slingshots, and other weapons of similar nature, possessed or used contrary to the provisions of this chapter, shall be seized by the police officer and are hereby declared forfeited to the City of Royal Oak.

§ 278-40 Firearms; gun-free school zone; violations and penalties.

Short title. This section shall be known and may be cited as the "Gun-Free School Zone Ordinance."

Possession of firearms in school zones.

It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

Subsection B(1) shall not apply to the possession of a firearm if any of the following apply:

The firearm is possessed on private property not part of school grounds.

The individual possessing the firearm is licensed to do so by the State of Michigan.

The firearm is not loaded and in a locked container, or in a locked firearms rack which is on a motor vehicle.

(d)

The firearm is in the possession of an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual.

(e)

The firearm is in the possession of a law enforcement officer.

Violations and penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.

Signs to be posted. The City is authorized to post signs around school zones giving warning of prohibition of the possession of firearms in a school zone.

§ 278-41 Glue.

Inhalation of fumes. No person shall inhale, drink, eat, or otherwise introduce into his or her respiratory or circulatory system any compound, liquid, chemical or any substance known as model glue, adhesive cement, mucilage, dope, plastic solvent, or other material or substance or combination thereof having the property of releasing toxic vapors with intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing, distorting or disturbing the eyesight, thinking process, judgment, balance or coordination of such person; provided, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purpose.

Possession or transfer for unlawful purpose prohibited. No person shall, for the purpose of violating or aiding another to violate any provision of this chapter, intentionally possess, buy, sell, transfer possession or receive possession of any model glue.

Possession by or sale to juveniles.

Except as provided in Subsections C(3) and D below, no person under 17 years of age shall possess or buy any model glue.

Except as provided in Subsections C(3) and D below, no person shall sell or transfer possession of any model glue to another person under 17 years of age.

Provided, however, a person may sell or transfer possession of model glue to a person under 17 years of age for model building or other lawful use where said juvenile has in his or her possession and exhibits the written consent of his or her parent or guardian.

Record of sales to minors required. A person making a sale or transfer of possession of model glue to a person under 17 years of age who exhibits the written consent of his or her parent or guardian shall record the name, address, sex, and age of the juvenile and the name and address of the consenting parent or guardian. All data required by this section shall be kept in a permanent-type register available for inspection by the Police Department for a period of at least six months.

§ 278-42 Hurling projectiles from or at vehicles.

It shall be unlawful for any person to throw or propel any snowball, missile or object from or at any moving motor vehicle.

§ 278-43 Indecent exposure.

A person commits the offense of indecent exposure if he or she makes an open and indecent exposure of his or her person under circumstances in which he or she knows or should know that his or her conduct is likely to cause affront or alarm.

§ 278-44 Littering; violations and penalties.

Short title. This section shall be known and may be cited as the "Anti-Litter Ordinance."

Depositing litter on public and private property. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, except in public trash receptacles, and no person shall throw or deposit either upon private property.

Depositing litter in streets; maintenance of adjacent sidewalks. Except at the direction of the Director of the Department of Recreation and Public Services, no person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying business property shall keep the public sidewalk in front of their premises free of litter.

Litter thrown by persons in vehicles. No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property.

In a proceeding for violation of this act involving litter from a motor vehicle, proof that the particular vehicle described in the citation, complaint or warrant was used in the violation, together with proof that the defendant named in the citation, complaint or warrant was the registered owner of the vehicle at the time of the violation, constitutes in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.

The driver of a vehicle is presumed to be responsible for litter which is thrown, dropped, dumped, deposited, placed or left from the vehicle on public or private property.

Owner to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

Removal of out-of-date placards. The owner or person in control of business property shall at all times keep all store windows and display space free of advertisements, posters and placards advertising events that have previously taken place.

Notice of violation. The Building Official or his or her authorized delegate is hereby authorized and empowered to notify the owner or person in control of property, or the agent of such owner or person in control, of any violation of the premises of this chapter. Such notice shall be mailed to such person's last known address; provided, however, that failure to send any such notice shall not prevent the invoking of the penalty provision of this chapter.

Violations and penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or to both such fine and such imprisonment in the discretion of the court.

§ 278-45 Loitering.

[Amended 5-2-2011 by Ord. No. 2011-09]

A person commits the offense of loitering if he or she:

Loiters, remains or wanders about in a public place for the purpose of aggressive begging. For purposes of this section, "aggressive begging" shall mean the following:

Touching the solicited person without that person’s consent;

Blocking the path of the person being solicited or the entrance to any building or vehicle;

Following behind, alongside or ahead of a person who walks away from the solicitor after having been solicited;

(4)

Using abusive language, either during the solicitation or following a refusal to donate, or making any statement, gesture or other communication which would cause a reasonable person to be fearful or feel compelled to make a donation; or

(5)

Soliciting a patron in a sidewalk cafe without first having obtained the permission of the operator of the cafe.

Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;

Loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil, or any other specific, legitimate reason for being there, and not having written permission from a school administrator;

Loiters or remains in any place for the purpose of unlawfully using or possessing a controlled substance; or

Knowingly loiters or remains in any place where the unlawful use of controlled substances is practiced, encouraged or allowed.

§ 278-46 Marijuana, unlawful possession or use of.

A person commits the offense of unlawful possession of marijuana if he or she knowingly or intentionally possesses marijuana except as authorized by state law.

A person commits the offense of unlawful use of marijuana if he or she uses marijuana except as authorized by state law.

§ 278-47 Prostitution and related offenses.

A person commits the offense of prostitution if he or she engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee.

A person commits the offense of patronizing a prostitute if:

Pursuant to a prior understanding a fee is paid to another as compensation for engaging in or having a third person engage in sexual conduct.

A fee is paid or agreed to be paid to another person in understanding that in return that person or a third person will engage in sexual conduct.