A.
A person shall not possess alcoholic liquor on any
premises or in any building owned or under the control of the School
District of the City of Royal Oak.
B.
Minor in possession.
[Amended 11-27-2017 by Ord. No. 2017-16]
(1)
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]:
(a)
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).
(b)
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).
(c)
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).
[1]
Editor's Note: See MCLA § 436.1909.
(2)
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.
(3)
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:
(a)
To a court, prosecutor, or police agency upon request for the
purpose of determining if an individual has already utilized this
subsection.
(b)
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:
[1]
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.
(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.
(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)
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.
(b)
A minor who accompanies an individual who meets both of the
following criteria:
[1]
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.
(c)
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:
(a)
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.
(b)
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)
ANY BODILY ALCOHOL CONTENT
(a)
(b)
EMERGENCY MEDICAL SERVICES PERSONNEL
HEALTH FACILITY OR AGENCY
MINOR
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.
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.
As defined in Section 20106 of the Public Health Code, 1978
PA 368, MCLA § 333.20106.
Any person under the age of 21 years at the time of the offense.
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.
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.
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.
A.
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:
(1)
A party or dance held under the auspices of a public
or parochial school;
(2)
An entertainment, festival or bazaar held under the
auspices of any duly and lawfully organized ecclesiastical corporation
or the YMCA or the YWCA;
(3)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Violations and penalties.
(1)
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.
(2)
Each violation of the provisions of this chapter or
any part thereof shall constitute a separate offense.
[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.
[1]
Editor's Note: See MCLA § 712A.2.
[Added 11-20-2006 by Ord. No. 2006-10]
A.
CONTROLLED SUBSTANCE
DELINQUENT ACT
MINOR
PARENT
As used in this section, the following terms shall
have the following meanings:
A drug, substance, or immediate precursor included in Schedules
1 to 5 of Part 72 of the Michigan Public Health Code, as amended.
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.
Any unemancipated person under the age of 17.
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.
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)
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:
(a)
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.
(b)
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.
(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.
(3)
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.
C.
Penalties.
(1)
A violation of this section is a civil infraction.
(2)
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.
(3)
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.
A person commits the offense of disorderly conduct
if he or she:
A.
Engages in fighting or in violent, tumultuous or threatening
behavior;
B.
Makes unreasonable noise which tends to cause a public
danger, alarm, disorder or nuisance;
C.
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;
D.
Without lawful authority, disturbs any lawful assembly
or meeting of persons;
E.
Obstructs vehicular or pedestrian traffic;
F.
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;
G.
Urinates in a public place, except at public toilets.
H.
Engages in an illegal occupation or business;
I.
Loiters in a house of ill fame or prostitution or
place where prostitution or lewdness is practiced, encouraged, or
allowed;
J.
Knowingly loiters in or about a place where an illegal
occupation or business is being conducted;
K.
Is found jostling or roughly crowding people unnecessarily
in a public place;
L.
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;
M.
Permits or suffers any place occupied or controlled
by him or her to be a resort of noisy, boisterous, or disorderly persons.
N.
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.
O.
Commits the offense of window peeping.
[Added 7-18-2005 by Ord. No. 2005-08]
P.
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]
Q.
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]
A.
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.
B.
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.
C.
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.
A.
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:
(1)
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.
(2)
Where the City Engineer has issued a special permit
for street work.
(3)
Unless the Building Official authorizes a special
permit based upon one of the following conditions:
(a)
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.
(b)
Extenuating circumstance(s) exist which would
constitute an unnecessary hardship.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Seizure of drug paraphernalia. Any drug paraphernalia
used in violation of this section shall be seized and forfeited to
the City of Royal Oak.
F.
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.
A.
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.
B.
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.
C.
Minors.
(1)
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.
(2)
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.
D.
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.
E.
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.
A.
Short title. This section shall be known and may be
cited as the "Gun-Free School Zone Ordinance."
B.
Possession of firearms in school zones.
(1)
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.
(2)
Subsection B(1) shall not apply to the possession of a firearm if any of the following apply:
(a)
The firearm is possessed on private property
not part of school grounds.
(b)
The individual possessing the firearm is licensed
to do so by the State of Michigan.
(c)
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Possession by or sale to juveniles.
D.
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.
It shall be unlawful for any person to throw
or propel any snowball, missile or object from or at any moving motor
vehicle.
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.
A.
Short title. This section shall be known and may be
cited as the "Anti-Litter Ordinance."
B.
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.
C.
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.
D.
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.
(1)
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.
(2)
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.
E.
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.
F.
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.
G.
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.
H.
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.
[Amended 5-2-2011 by Ord.
No. 2011-09]
A person commits the offense of loitering if
he or she:
A.
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:
(1)
Touching
the solicited person without that person’s consent;
(2)
Blocking
the path of the person being solicited or the entrance to any building
or vehicle;
(3)
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.
B.
Loiters or remains in a public place for the purpose
of gambling with cards, dice or other gambling paraphernalia;
C.
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;
D.
Loiters or remains in any place for the purpose of
unlawfully using or possessing a controlled substance; or
E.
Knowingly loiters or remains in any place where the
unlawful use of controlled substances is practiced, encouraged or
allowed.
A.
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.
B.
A person commits the offense of patronizing a prostitute
if:
(1)
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.
(2)
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.
(3)
There is a solicitation or request made to another
person to engage in sexual conduct in return for a fee.
C.
A person commits the offense of permitting prostitution
if, having possession or control of premises that he or she knows
is being used for prostitution, he or she fails to make reasonable
efforts to halt or abate such use.
It shall be unlawful for any person to engage
in public nudity.
A.
Unlawful activities. It shall be unlawful for any
person to board, enter, cling to or leave any railway car, locomotive
or train while the same is in motion in the City of Royal Oak, except
authorized employees of the railroad.
B.
Sign to be posted. It shall be unlawful for any person
riding in a railway car to open any doorway leading from said car
or to leave said car at any doorway which has not been provided for
exit purposes and which is not attended by a trainman. Notices reading
substantially as follows may be posted on each door of every railway
car carrying passengers in the City of Royal Oak:
DANGER
WARNING TO PASSENGERS
|
C.
Opening doorways is prohibited by law. Passengers
must leave only at exits provided for and attended by trainmen.
D.
Violations and penalties. Any person violating any
of the provisions of this section shall, upon conviction thereof,
be subject to a fine not exceeding $500 or imprisonment for a period
of not more than 90 days, or to both such fine and imprisonment in
the discretion of the court.