[HISTORY: Adopted by Board of Trustees of
the Charter Township of Northville 7-11-1991 as Ch. 42 of the Code of Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
False alarms — See Ch.
49.
Hunting with firearms — See Ch.
93.
This chapter shall be known as the "Criminal
Code."
A. In this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
MISDEMEANOR
Any of the offenses prescribed in this chapter.
OFFICERS
Every regular or reserve police officer of the Northville
Township Department of Public Safety.
PERSON
Includes firms, joint adventurers, partnerships, corporations,
clubs and all associations or organizations or natural person, either
incorporated or unincorporated, howsoever operating or named and whether
acting by themselves or by a servant, agent or fiduciary, and includes
all legal representatives, heirs, successors and assigns thereof.
PUBLIC PLACE
Any street, alley, park, public building or any place of
business or assembly open to the public or frequented by the public.
STATE
The State of Michigan.
TOWNSHIP
The Charter Township of Northville.
B. Word usage.
(1) Tense. Words used in the present or past tense shall
be construed as including the future as well as the present or past.
(2) Titles, headings and catch lines. The keywords used
in this chapter as headings, titles or catch line sections and subsections
are inserted for convenience and to facilitate the use of same, and
they shall not be construed to limit or effect the meaning of any
of the provisions hereof.
(3) Gender. Words importing masculine gender shall apply
to females and to firms, associations, partnerships and corporations.
C. Whenever any word or phrase used herein not defined
but is defined in the Michigan Penal Code (MCL 750.1 et seq.), any
such definition therein shall be deemed to apply to such word or phrase
as used herein.
Any person found guilty of any of the following
offenses in the Township shall be deemed to be a disorderly person
and shall be punished as is in this code provided:
A. Any person who shall make, aid, countenance or assist
in making any improper noise, riot, disturbance, breach of the peace
or diversion tending to a breach of the peace.
B. Any person who shall engage in any indecent or obscene
conduct in any public place.
C. Any person who shall collect in bodies or crowds for
any unlawful purpose or for any purpose to the annoyance or disturbance
of other persons.
D. Any person who is idle or dissolute and goes about
begging.
E. Any person who uses or exercises any cheating or unlawful
game or play.
F. Any person who is found in houses of ill fame or in
gambling houses.
G. Any person who engages in window peeping.
H. Any person who makes an immoral exhibition or indecent
exposure of himself.
I. Any person who is lodging in or found at any time
in motor vehicles, sheds, barns, stables or unoccupied buildings or
public places not giving a good account of himself.
J. Any person who willfully assaults another or engages
in or aids in any fight, quarrel or other disturbance.
K. Any person who engages in any fraudulent scheme, device
or trick to obtain money or other valuable thing or who aids, abets
or in any manner is concerned therein.
L. Any tout, roper, steerer or capper, so called, for
any gambling house or house of ill fame or so acting for any gambling
house or house of ill fame or so acting for any person of either sex,
who shall ply or attempt to ply his calling in any public place.
M. Any person found loitering in or about any hotel,
barroom, tavern gambling house, disorderly house, public building
or public place or wandering about the streets without any known means
of support, or without being able to give a satisfactory account of
himself.
N. Any person who jostles or crowds persons in any street,
alley, or public place.
O. Any person who shall have or carry any pistol, knife,
dirk, knuckles, sling shot or other dangerous weapon concealed on
his person.
P. Any person who solicits or accosts any person for
the purpose of committing any unlawful and immoral act. (State law
reference: MCL 750.167)
It shall be unlawful for any person to permit
any noisy or riotous persons to assemble in any house owned, occupied
or controlled by him to the annoyance or disturbance of the neighborhood
and the public peace.
It shall be unlawful for any person to disturb
or disquiet any congregation or assembly met for religious worship
by making any noise or making any profane discourse or engaging in
any indecent behavior in or near the place of worship as to disturb
the solemnity of the meeting.
It shall be unlawful for any person to act in
a violent, boisterous, turbulent, quarrelsome, indecent or disorderly
manner, or to use profane, obscene or vulgar language, or to disturb
the good order, peace and dignity of the Township, its inhabitants
or other persons.
[Added 1-17-2019]
A. The Charter
Township of' Northville ordains that pursuant to the Michigan Regulation
and Taxation of Marihuana Act (MRTMA), Section 6.1, marihuana establishments
as defined by the MRTMA are hereby prohibited within its boundaries.
B. Violation of this section shall result in penalties assessed pursuant to §
1-10 of this Code. In addition, any violation of this section is a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement. In the enforcement of this section by injunctive or equitable relief, the responsible party shall be responsible for all reasonable attorney fees. (State law reference: MRTMA, MCL 333.27951 to 333.27967 and as amended.)
A. It shall be unlawful for any person to loiter on any
street, sidewalk or public place. For the purpose of this section,
loitering is defined as the act of standing or idling in or about
any street, sidewalk or public place so as to hinder or impede or
tend to hinder or impede the passage of pedestrians or vehicles.
B. It shall be unlawful for any person to linger, loiter,
sit or stand in any public room in any hotel, office or business establishment
in the Township or in the hallways or entrances of any public building
or to use any public room for business or social purposes or to obstruct
the entrance to any business establishment without so doing for some
lawful purpose or if contrary to the expressed wish of the owner,
lessee, managing agent or person in control or in charge of the building
or premises. The words "public rooms" for the purpose of this section
include any basement, attic, building entrance or doorway, lobby,
hallway, stairway, mezzanine elevator, foyer, public rest room, sitting
room or any other place used in common by the public, tenants, occupants,
guests or customers and situated in a hotel, office building, public
building or business establishment in the Township.
No person shall spit or urinate upon any other
person or upon any public place, sidewalk or parking area or upon
the floor or interior of any public conveyance or upon the floor or
walls of any theater, hall, assembly room, church, school or public
building or in any area open to the view of the public.
A. Malicious destruction of property, houses, building
or real property of another. It shall be unlawful for any person to
willfully and maliciously destroy or injure any house or other building
of another or to paint, inscribe, write or scrape messages, words,
numbers, symbols or any type of picture upon the building of another
without the express consent of the owner or to willfully and maliciously
destroy or injure any appurtenance to such house or building thereof,
including lawns, shrubs, trees, pools, gardens and mail receptacles,
if the damage resulting from such damage or injury shall not exceed
the sum of $100.
B. Malicious destruction of personal property. It shall
be unlawful for any person to willfully and maliciously destroy or
injure the personal property of another by any means.
C. Destroying and injuring of signs, bills and notices.
It shall be unlawful for any person to willfully tear down, destroy
or, in any manner whatsoever, deface any signs, bills or notices on
any private land within the Township or on any lots or premises of
another; provided, however, that such signs, bills or notices are
not in the violation of any provision of the Township Code and were
placed by the owner or lessee or by their consent.
D. Destruction of tombs and memorials. It shall be unlawful
for any person to willfully destroy, mutilate, deface, injure or remove
any tomb, monument, gravestone or other structure before mentioned
or of any enclosure for the burial of the dead or to willfully destroy,
mutilate, remove, cut, break or injure any tree, shrub or plant placed
or being within any such enclosure.
E. Malicious annoyance by writing. It shall be unlawful
for any person to knowingly send or deliver or to make for the purpose
of being delivered or sent or to part with possession of any letter,
postal card or writing containing any obscene language with or without
a name subscribed thereto or signed with a fictitious name or with
any letter, mark or other designation with the intent thereby to cause
annoyance, shock or threaten such person or with a view or intent
to extort or gain any money or property of any description belonging
to another.
F. Malicious destruction of public property. It shall
be unlawful for any person within the Township to maliciously destroy,
injure, damage, mar or deface any building, monument, sign or structure,
fence, tree, shrub, plant, park or public property of any kind which
is owned, controlled or managed by the state, County, Township, school
district or by any other unit or agency of government whose operating
budget is raised in whole or in part by public taxation or to commit
any act of vandalism on or in any such property.
G. Malicious injury of fences or gates of another. It
shall be unlawful for any person within the Township to maliciously
break down, injure, mar or deface any fence or gate belonging to or
enclosing lands not his own.
H. Any person who shall violate any of the provisions
of this section shall be subject to a maximum fine of $500 and/or
a maximum imprisonment of 93 days.
[Added 9-18-2003]
It shall be unlawful for any person within the
Township to wrongfully take and carry away from any place within the
Township any soil, grass vegetation, ground cover, fruit tree, ornamental
tree, shade tree, ornamental shrub or any plant, vine, bush or vegetable
tree growing, standing or being with intent to deprive the owner thereof
or without right and with wrongful intent to detach from the ground
or injure any fruit tree, ornamental tree, shade tree, ornamental
scrub or any plant, vine, bush, vegetable or garden produce.
A. It is unlawful to destroy, damage, deface or remove
any state or publicly owned property in any state or public park or
recreational area.
B. It shall be unlawful for any person to reoccupy, use
or remain on park or public property after the posted closing hours
or to enter a park or public property if posted or fenced. It shall
further be unlawful for any person within the Township to drink intoxicating
beverages or to bring intoxicating beverages on public or park property
where unauthorized to do so by law.
C. Any person who violates any provision of this section
is guilty of a misdemeanor.
D. In addition to the penalties provided in this section
for violating its provisions, any person convicted of an act of vandalism
shall reimburse the state or public agency for up to three times the
amount of the damage as determined by the court.
E. In every case of conviction for the offense, the court before whom such conviction is obtained shall enter judgment in favor of the state or public agency and against the defendant for liquidated damages in the sum as provided in Subsection
D. The state or public agency shall, with the assistance of the prosecuting attorney, collect the award by execution or otherwise. If two or more defendants are convicted of the vandalism, the judgment for damages shall be entered against them jointly. If the defendant is a minor, the judgment shall be entered against his or her parents.
F. Upon collection, the sums shall be credited to the
general fund of the public agency involved and shall be used for repairs
and improvements to the parks. For proceedings relative to state law,
see MCL 324.74119.
A. Unauthorized persons are not to enter or trespass
on school property. Any person who is not a regularly enrolled student
or parent or guardian thereof or a school official, teacher or other
public or school employee shall enter or trespass upon or loiter in
or upon any public private or parochial school building or school
property in the Township for any reason whatsoever, unless such person
has received written permission from the principal or other person
designated by the principal to be in or upon or to remain in or upon
such public or parochial school building or school property; provided,
however, that such written permission need not be secured by persons
engaging in or attending a school or recreation board authorized activity
or by persons using school playground or playground equipment after
school hours or when school is not in session, unless such entry or
use shall have been otherwise prohibited by a rule or regulation of
the school board, school principal or other person, board or committee
with the authority to prohibit such use or entry.
B. Disturbing schools. No person shall willfully or maliciously
make or assist in making any noise, disturbance or improper diversion
by which the peace, quietude or good order of any public, private
or parochial school is disturbed.
C. Duty of person creating disturbance to leave premises.
Any person, whether lawfully or unlawfully in or upon any public,
private or parochial school building or school property, who is found
to be creating a disturbance in or upon any such school building or
property shall leave immediately when so directed by the principal
or by any other person designated by the principal.
D. Extortion. No person shall by violence, threat of
violence or other form of coercion force or attempt to force any public,
private parochial school student or other person to give or to lend
any money or other things of value to any person at any time.
E. Unauthorized borrowing of money or thing of value
from students in the school or traveling to or from school. No person
shall borrow or attempt to borrow any money or thing of value from
any student in or upon any public, private or parochial school building
or school property in the Township or during any time when such student
is engaging in, going to or returning from any regularly scheduled
session or activity of any such school without first obtaining the
written approval of the principal of such school or other person designated
by the principal to issue such written approval; provided, however,
that this subsection shall not apply to college students who borrow
money or things of value from other college students or adults.
F. Destruction of school property. No person shall damage,
destroy or deface any public private or parochial school building
or the grounds, outbuildings, fences, trees or other appurtenances
or fixtures belonging thereto.
G. Definitions. For the purposes of this section.
SCHOOL
Any pre-elementary (grades K-6), secondary (grades 7-12)
school, any college or combination thereof.
PRINCIPAL
Any principal of any elementary or secondary school or the
chief administrative officer of any elementary or secondary school
or college.
[Amended 9-18-2003]
No person shall willfully enter upon, destroy,
injure, deface, or in any manner interfere with or hinder the use
of the lands or premises of another, including parks, public buildings,
or public property, without lawful authority after having been forbidden
to do so by the owner or occupant, agent or servant of the owner or
occupant if the property is posted or fenced, nor shall any person
being upon the land or premises of another, upon being notified to
depart therefrom by the owner or occupant, the agent or servant of
either, who without lawful authority, neglect or refuse to depart
therefrom.
[Amended 6-16-2011]
A. It shall
be unlawful for any person within the Township to maliciously use
a telephone, telephone service, cable service or any electronic device
with intent to terrorize, frighten, intimidate, threaten, harass,
molest, annoy or disturb the peace of any other person as hereinafter
provided:
(1) Threatening
physical harm or damage to any person or property of another in the
course of a telephone conversation or by use of an electronic device.
(2) Falsely
and deliberately reporting by telephone or telegraph message, telephone
service or electronic device that any person has been injured, has
suddenly taken ill, has suffered death or has been victim of a crime
or the victim of an accident.
(3) Deliberately
refusing or failing to disengage a connection between a telephone
and another telephone or, once connection is made, not to carry on
any conversation.
(4) Deliberately
refusing or failing to disengage a connection between a telephone
and other equipment provided for the transmission of messages by telephone,
thereby interfering with any communication service.
(5) Using
any vulgar, indecent, obscene or offensive language or suggesting
any lewd or lascivious act in the course of telephone conversation
or by the use of any electronic device.
B. An electronic
device shall include but not be limited to a computer, telephone,
cellular phone, facsimile machine, satellite phone, text messaging
device, e-mail, paging device, voice mail, answering machine or any
device used for communication by any means.
C. This section
prohibits the aforementioned conduct whenever such communication is
commenced or received within the Township.
It shall be unlawful for any person to open
or cause to be opened any door or either or both of a set of double
doors when a sign ("Fire and Emergency Exit Only") is posted on said
door or doors or in close proximity thereto.
No person shall throw or drop any object at
or in the path of any vehicle which is traveling, parked or standing
in any public place within the Township.
No person shall in any public place within the
Township throw or hurl at or towards any building, window, public
or private streetlamp or at or towards any person, animal or thing
any ball of snow mass of snow packed together, piece of ice, stone,
piece or block of wood or any solid substance whatsoever.
No person shall knowingly deposit on the land
or in a building or upon a vehicle of another without the consent
of the owner or in any public place any stink bomb, tear gas or other
device, irritant or offensive smelling substance with the intent to
interfere with another's use of the land, building or vehicle, nor
shall any person possess a noxious substance as hereinbefore defined
or manufacturer, send or transport any noxious substance within the
Township.
No person shall swim or bathe in the nude in
any public place or in any place within view of the public.
It shall be unlawful for any person, by telephone
or otherwise, to summon the Department of Public Safety, the Fire
Department or any public or private ambulance to go to any address
where the service called for is not needed.
[Amended 9-18-2003]
It shall be unlawful for any person to resist
lawful arrest or interfere, either directly or indirectly, with an
officer making an arrest or to refuse to assist an officer upon being
commanded by said officer to give assistance or to refuse to disperse
upon the command of an officer or to obstruct, resist, hinder or oppose
any officer in the discharge or apparent discharge of his duties,
or to knowingly and willfully give false information to an officer
in the discharge or apparent discharge of his duties.
It shall be unlawful for any person within the
Township to knowingly and willfully hinder, obstruct or interfere
with any fireman in the performance of his duties or who shall, while
in the vicinity of any fire, willfully disobey and/or disregard any
reasonable order, rule or regulation of the officer commanding any
Fire Department at such fire.
[Amended 9-18-2003]
A. It shall be unlawful for any person to commit the
offense of larceny, by stealing, of the property of another, any money,
goods, or chattels or any bank note, bank bill, bond, promissory note,
due bill, bill of exchange or other bill, draft, order or certificate
or any book of accounts for or concerning money or goods due or to
become due or to be delivered or any deed or writing containing a
conveyance of land, or any other valuable contract in force or any
receipt, release or defeasance of any writ, process or public record,
if the property stolen shall be of the value of less than $200.
B. Any person who shall violate any of the provisions
of this section shall be subject to a fine of three times the value
of the property stolen, not to exceed $500, and/or a maximum imprisonment
of 93 days.
[Amended 9-18-2003]
A. It shall be unlawful for any person to buy, receive
or aid in the concealment of any stolen, embezzled or converted property,
if the property purchased, received or concealed shall be of the value
less than $200. Any person being a dealer in or collector of any merchandise
or personal property or the agent, employee or representative of a
dealer or collector who fails to make reasonable inquiry that the
person selling or delivering any stolen, embezzled or converted property
to him has a legal right to do so or who buys or receives any such
property which has a registration, serial or other identifying number
altered or obliterated on any external surface thereof shall be presumed
to have bought or received such property knowing it to have been stolen,
embezzled or converted; provided, however, that this presumption may
be rebutted by proof.
B. Any person who shall violate any of the provisions
of this section shall be subject to a fine of three times the value
of the property purchased, received or concealed, not to exceed $500,
and/or a maximum imprisonment of 93 days.
A. It shall be unlawful for any person with intent to
defraud or make or draw or utter or deliver any check, draft or order
for the payment or money, to apply on account or otherwise, upon any
bank or other depository, knowing at the time of such making, drawing,
uttering or delivering that the maker or drawer has not sufficient
funds in or credit with such bank or order upon presentation.
B. As against the maker or drawer thereof, the making,
drawing, uttering or delivering of a check, draft or order, payment
of which is refused by the drawee when presented in the usual course
of business, shall be prima facie evidence of intent to defraud and
of knowledge of insufficient funds in or credit with such bank or
other depository, provided that such maker or drawer shall not have
paid the drawee thereof the amount due thereon, together with all
costs and protest fees, within five days after receiving notice that
such check, draft or order has not been paid by the drawee.
C. Any person who shall violate any of the provisions
of this section shall be subject to a maximum fine of $500 and/or
a maximum imprisonment of 93 days.
[Added 9-18-2003]
[Amended 9-18-2003]
It shall be unlawful for any person, with the
intent to defraud to make or draw or utter any check, draft or order
for the payment of money to apply on an account or otherwise upon
any bank or other depository who, at the time or making, drawing,
uttering or delivering such check, draft of order has no account in
or credit with such bank or other depository for the payment of such
check, draft of order upon presentation. Any person who shall violate
any of the provisions of this section shall be subject to a maximum
fine of $500 and/or a maximum imprisonment of 93 days.
It shall be unlawful for any person to keep
or maintain any common gambling house or gaming room or to permit
on any premises owned, occupied or controlled by him any apparatus
or device used for gaming or gambling or to use such apparatus or
device or to assist any other person to use same for gaming or gambling
purposes. It shall be unlawful for any person to have in his possession
any policy or pool slips, tickets, checks or any paper which is marked
additionally with any kind of notation indicating any form of gambling,
and the possession of such writing or device shall constitute, prima
facie, evidence of intention to use same for gambling.
No person or his agent or employee shall, directly
or indirectly, take, receive or accept from any person any money or
valuable thing with the agreement, understanding or allegation that
any money or valuable thing will be paid or delivered to any person
where such payment or delivery is alleged to be or will be contingent
upon the result of any race, contest or game or upon the happening
of any race, contest or game or upon the happening of any event not
known by the parties to be certain.
[Amended 9-18-2003;2-16-2017]
A. It shall
be unlawful for any person within the Township to attempt or offer
with force and violence to do a corporate hurt to another or to assault
and/or batter any other person or to cause, engage in or provoke any
disturbance or fight or brawl or to direct threatening language or
fighting words toward and person in any public or private place. Any
person who shall violate any of the provisions of this section shall
be subjected to a maximum fine of $500 and/or a maximum imprisonment
of 93 days.
B. An individual
who assaults or assaults and batters his or her spouse or former spouse,
an individual with whom he or she has or has had a dating relationship,
an individual with whom he or she has had a child in common, or a
resident or former resident of his or her household is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500, or both.
No person in the Township shall fight another
person except in boxing exhibitions duly authorized and licensed under
law.
A. Use or possession by minors is prohibited. It shall
be unlawful for any person under the age of 18 years to use or have
in his possession, unless accompanied by his parent or guardian or
other authorized person, any air gun, sling shot or pellet gun. Any
police officer shall have the authority and it shall be his duty to
confiscate such air gun, sling shot or pellet gun found in the possession
of any such person.
B. Duty of parents and guardians. It shall be unlawful
for the parents or guardian of any such person in his charge or custody
to knowingly permit any such minor to use or have in his possession,
when not properly accompanied, an air gun, sling shot or pellet gun.
C. Sales to minor prohibited. It shall be unlawful for
any person or his agents or his employees to sell, offer for sale,
give away or distribute an air gun, sling shot or pellet gun to any
person under the age of 18 years.
[Amended 5-18-2017]
A. Definitions. As used in this section:
AMMUNITION
Any projectile or other device designed to be expelled by
any firearm, excluding nonexplosive projectiles or other devices over
six inches in length.
DANGEROUS WEAPON
Any firearm, dagger, dirk, razor, stiletto or knife having
a blade over three inches in length or any sharp-edged or pointed
instrument or club or bludgeon or other dangerous or deadly weapon
or instrument carried with intent to use same unlawfully against the
person of another.
FIREARM
Any device or part of a device, by whatever name known, which
is designed to or may be readily converted to expel a projectile or
projectiles by the action of an explosive expansion of gas or air
or escape of gas or air, excluding, however:
(1)
Any device used exclusively for the firing of stud cartridges,
explosive rivets or similar industrial ammunition.
(2)
Any device which expels a projectile by the action of a spring.
(3)
Any device used exclusively for signaling or safety and required
or recommended by the United States Coast Guard, the Interstate Commerce
Commission, the Federal Aviation Agency or the appropriate state agencies
governing marine, air or highway safety.
LONGARM
Any rifle, shotgun or firearm over 30 inches in overall length.
B. Exceptions. This section shall not apply to:
(1) Members of the armed forces or the National Guard and other employees
of the federal government and the states and their political subdivisions
who are required to carry firearms and longarms as part of their official
duties and who are engaged in the performance of their official duties.
(2) Hunters during the hunting season designated by the laws of the State
of Michigan with valid hunting licenses and while in an area where
hunting is permitted; however, at all other times and in all other
places, such persons must have their firearms and longarms unloaded
and enclosed in a case.
(3) Persons while at a firearms or longarms showing or display recognized
by the Township; however, at all other times and in all other places,
such person must have his firearms or longarms unloaded and enclosed
in a case.
(4) Persons whose firearms or longarms are unloaded and enclosed in a
case.
(5) Firearm dealers licensed in accordance with the provisions of the
Federal Firearms Act of 1938 or applicable state or local law who
keep such firearms solely for purposes of display and sales and not
for personal use.
C. Prohibition to carry firearms or dangerous weapons. It shall be unlawful
for any person to carry a firearm or dangerous weapon on his person
or within or upon any vehicle, except as specifically provided for
within this chapter, concealed or otherwise in or upon the public
streets, alleys, public shopping centers or places of business frequented
by the public or public parks or on property of any school or college,
whether public, private or parochial, or locations of religious worship
open to the public or any other public place in the Township, unless
the bearer possesses a duly authorized unexpired Michigan license
to carry a concealed weapon. It shall also be unlawful for any person
to carry a machine gun or sawed-off shotgun or to have a silencer
or any instrument, attachment or appliance for causing the firing
of any firearm to be silent or intended to lessen or muffle the noise
of the firing of any firearm, except as is otherwise permitted by
law, or to have a switchblade knife, bomb, blackjack, metallic knuckles,
sand gloves, sandbag, sand club, slingshot, billy club or metallic
bars designed for use as a club in his possession. This subsection
shall not apply to the extent open carry of a firearm is permitted
under the laws of the State of Michigan.
D. Prohibition to carry longarms. It shall be unlawful for any person
to carry a longarm, whether cased or uncased, on the public streets,
alleys, public shopping centers, places of business frequented by
the public, parks or on property of any school, college, whether public,
private or parochial, locations of religious worship open to the public,
or any other public place in the Township except under the provisions
of this chapter or to the extent open carry of a firearm is permitted
under the laws of the State of Michigan.
(1) Unloaded longarms may be transported from a place of purchase to
the residence of the purchaser if enclosed in a carton, container,
or closed gun case or wrapped completely in commercial wrapping paper
securely closed by tape or string while being so transported.
(2) Unloaded longarms may be transported by motor vehicle to and from
hunting and firearms practice or target shooting but must be fully
enclosed into a closed carton, container or gun case or carried in
the trunk of the vehicle.
(3) Unloaded longarms may be carried by persons 17 years of age or older
on foot to and from a regulated gun range, when the firearm is fully
enclosed in a closed carton, container or gun case. Persons so involved
shall proceed to and from the gun range without delay by avoiding
loitering on the public streets and all other public places within
the Township.
E. Aiming firearm or longarm. It shall be unlawful for any person within
the Township, without just cause, to intentionally, without malice,
point or aim any firearm or longarm at or toward any other person.
F. Discharging firearm or longarm. It shall be unlawful for any person
to discharge any firearm or other instrument producing a like effect
and noise within the Township, except in the lawful defense of his
person or property or as otherwise permitted by law. A person may
utilize a firearm for the protection of his or her livestock from
a reasonable threat of harm as long as the firing of the weapon is
in a downward trajectory and not in a manner that may cause damage
to any property or injury to any person.
G. Injury by discharge of firearm or longarm. It shall be unlawful for
any person within the Township to maim or injure any other person
by the discharge of any firearm or longarm unintentionally, without
malice, at any such person.
H. Possession or control of firearm while intoxicated. It shall be unlawful
for any person within the Township, while under the influence of an
intoxicating liquor or controlled substance, to carry, have in possession
or control, use in any manner or discharge any firearm or longarm.
I. A violation of this section shall result in the forfeiture of any
weapon used contrary to this section.
A. No person of sufficient ability shall refuse or neglect
to support or actually abandon his or her spouse and/or minor child
or children.
B. No parent, guardian or other persons having the care
or charge of a minor child or children shall abuse or neglect, permit,
allow or encourage any child to commit any criminal act or to become
delinquent as defined by the Probate Code of this state nor shall
such person fail to send to school a child or children of school age
during all regular school days.
C. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ABUSED
Harm or threatened harm to a child's health or welfare which
occurs through nonaccidental, physical or mental injury, sexual abuse
or maltreatment.
CHILD
A person under 18 years of age.
NEGLECT
Harm to a child's health or welfare by a person responsible
for the child's health or welfare which occurs through negligent treatment,
including the failure to provide adequate food, clothing, shelter
or medical care.
No person shall knowingly and willfully aid
or abet a child under the age of 17 years to violate an order of the
Probate Court or knowingly and willfully conceal or harbor juvenile
runaways who have taken flight from the custody of the court, their
parents or legal guardian.
A. Minors under 12 years of age. No person under 12 years
of age shall loiter, idle or congregate in or on any public street,
highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m.
unless said person is accompanied by a parent or guardian or some
adult delegated by the parent or guardian to accompany the child.
B. Minors under 17 years of age. No person under the
age of 17 years of age. No person under the age of 17 years shall
loiter, idle or congregate in or on any public street, highway, alley
or park between the hours of 12:00 midnight and 6:00 a.m., except
where the minor is accompanied by a parent or guardian or some adult
over the age of 21 years delegated by the parent or guardian to accompany
the minor child or where the minor is upon an errand or other legitimate
business directed by his parent or guardian.
C. Aiding and abetting prohibited. No person of the age
of 17 years or over shall assist, aid, abet, allow, permit or encourage
any person under the age of 17 years to violate the provisions of
this section.
No person under the age of 21 shall knowingly
possess or transport in a motor vehicle any alcoholic liquor unless
said person is employed by a licensee under state Law 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. The motor vehicle which is used in the violation of this
section shall be impounded until claimed in person by the owner of
said vehicle and may be further impounded following conviction for
a period of not more than 30 days.
A. No person under the age of 21 years shall by documentary
evidence falsely represent himself to be 21 years of age or over for
the purpose of purchasing or attempting to purchase any alcoholic
liquor nor shall any person under the age of 21 years give such false
information regarding his age to any person selling alcoholic liquor
for the purpose of securing a sale thereof to himself or any other
person under the age of 21 years.
B. No person shall furnish false documentary evidence
to any person under 21 years of age to be used by any such person
for the purpose of obtaining alcoholic beverages.
C. Any person who shall violate any of the provisions
of this section shall be subject to a maximum fine of $500 and/or
a maximum imprisonment of 93 days.
[Added 9-18-2003]
No person shall intentionally and without authority
from the owner start or cause to be started the motor of any motor
vehicle or maliciously shift or change the starting device or gears
of a standing motor vehicle to a position other than that in which
it was left by the owner or driver of said motor vehicle or intentionally
cut, mark, scratch or damage the chassis, running gear, body, sides,
top, covering or upholstery of any motor vehicle that is the property
of another or intentionally cut, mark, mash, destroy or damage such
motor vehicle or any of the accessories, equipment, appurtenances
or attachments thereof or any spare or extra parts thereon being or
thereto attached without the permission of the owner thereof or intentionally
release the brake upon any standing motor vehicle with intent to injure
said machine or cause the same to be removed without the consent of
the owner, provided that this section shall not apply in case of moving
or starting of motor vehicles by the Department of Public Safety members
in case of emergencies in the vicinity of a fire.
No person shall burn or collect leaves, rubbish,
paper, pasteboard, boxes, store sweepings, chips, dry goods or boxes
in the streets of the Township for the purpose of burning the same.
[Amended 6-15-2017; 3-25-2021]
A. Definitions. This section references the definitions found in Act
256 of 2011, the Michigan Fireworks Safety Act.
ARTICLES PYROTECHNIC
Pyrotechnic devices for professional use that are similar
to consumer fireworks in chemical composition and construction but
not intended for consumer use, that meet the weight limits for consumer
fireworks but are not labeled as such, and that are classified as
UN0431 or UN0432 under 49 CFR 172.101.
CONSUMER FIREWORKS
Fireworks devices that are designed to produce visible effects
by combustion, that are required to comply with the construction,
chemical composition, and labeling regulations promulgated by the
United States Consumer Product Safety Commission under 16 CFR 1500
and 1507, and that are listed in APA Standard 87-1, 3.1.2, 3.1.3,
or 3.5. Consumer fireworks does not include low-impact fireworks.
DISPLAY FIREWORKS
Large fireworks devices that are explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation, as provided in
27 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.
LOW-IMPACT FIREWORKS
Ground and handheld sparkling devices as that phrase is defined
under APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
MINOR
An individual that is less than 18 years of age.
NOVELTIES
That term as defined under APA Standard 87-1, 3.2, 3.2.1,
3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:
(1)
Toy plastic or paper caps for toy pistols in sheets, strips,
rolls, or individual caps containing not more than .25 of a grain
of explosive content per cap, in packages labeled to indicate the
maximum explosive content per cap.
(2)
Toy pistols, toy cannons, toy canes, toy trick noisemakers,
and toy guns in which toy caps as described in the Act, that are constructed
so that the hand cannot come in contact with the cap when in place
for the explosion, and that are not designed to break apart or be
separated so as to form a missile by the explosion.
(3)
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(4)
Toy snakes not containing mercury, if packed in cardboard boxes
with not more than 12 pieces per box for retail sale and if the manufacturer's
name and the quantity contained in each box are printed on the box;
and toy smoke devices.
B. Consumer fireworks (1.4g). Consumer fireworks are prohibited and
shall not be ignited, discharged or used. Exception: Unless specifically
permitted by the Michigan Fireworks Safety Act, Act 256 of 2011, as
amended. The Michigan Fireworks Safety Act restricts a local unit
of government from regulating the use of consumer fireworks on specific
dates and times.
(3) Consumer fireworks shall not be ignited, discharged, or used on public,
school, church, or the private property of another person without
the express written permission from the person or entity legally in
possession and control of the property.
(4) Consumer fireworks shall not be ignited, discharged or used by a
person under the influence of alcohol or a controlled substance.
(5) A minor shall not possess, use, discharge or ignite any consumer
fireworks.
C. Display fireworks (1.3g). Display fireworks shall be conducted in
accordance with PA 256. To conduct a fireworks display in Northville Township, the applicant must complete the Bureau of Fire Services (BFS) form BFS-417, application for fireworks other than consumer or low-impact fireworks, and must be submitted to the Township Clerk a minimum of 60 days prior to the event. A fire official may review the application and investigate the site to make a recommendation to the Board regarding the issuance of a permit. Applications must be submitted in accordance with §
79-2 and include the following:
(1) Display fireworks applications require an application fee. Fees may
increase depending on weather, venue, number of attendees, traffic,
etc. The fee schedule is set by the Board of Trustees. Applications
must include the following:
(a)
Provide proof of a valid federal explosives license/permit as
issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(b)
Provide proof of insurance for an amount not less than required
by the Northville Township Board of Trustees.
(c)
Listing of the Charter Township of Northville as an additional
insured on the insurance policy.
(d)
Submission of a scaled site drawing, including the shoot site
and distances to any structures, power lines, parking areas, or spectator
areas in compliance with NFPA 1123.
(e)
The Fire Department shall conduct a site inspection and make
a recommendation to the Township Board.
(f)
Once the applicant has met all of the above requirements, the
Northville Township Board of Trustees will approve or deny the permit
application.
D. Sky lanterns or other similar unmanned free-floating devices. Sky
lanterns or other similar unmanned free-floating devices are not classified
as fireworks and therefore are not regulated by the Michigan Fireworks
Safety Act. These devices require an open flame to propel the device
and have an uncontrolled and unpredictable flight path. In the interest
of public safety, these devices are prohibited at all times.
[Added 6-15-2017]
The transportation and storage of fireworks within the Charter
Township of Northville shall be in accordance with Act 256.
[Added 5-16-2019]
A. Definitions. As used in this section, the following definitions shall
apply:
CHEWING TOBACCO
Loose tobacco or a flat, compressed cake of tobacco which
is inserted into the mouth to be chewed or sucked.
TOBACCO SNUFF
Shredded, powdered or pulverized tobacco which may be inhaled
through the nostrils, chewed or placed against the gums.
VAPOR PRODUCT or ALTERNATIVE NICOTINE PRODUCTS
A noncombustible product containing nicotine or not that
employs a heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of shape or
size, that can be used to produce vapor from nicotine or not in a
solution or other form. "Vapor product" includes an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar
product or device and a vapor cartridge or other container of nicotine
in a solution or other form than is intended to be used with or in
an electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device. "Vapor product" does not include
a product regulated as a drug or device by the United States Food
and Drug Administration ("FDA") under Subchapter V of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 to 360fff-7.
B. Possession or use in public place prohibited. A person under 18 years
of age shall not possess or smoke cigarettes or cigars, or possess
or chew, suck, or inhale chewing tobacco or tobacco snuff, or possess
or use tobacco in any other form, or possess or smoke vapor products
or alternative nicotine products on a public highway, street, alley,
park, or other lands used for public purposes, or in a public place
of business or amusement.
C. Penalty. A person who violates Subsection
B of this section is guilty of a misdemeanor, punishable by a fine for each offense and/or jail of up to 30 days and costs. If the court determines it is appropriate, eligible juveniles may be referred to a diversion program. Pursuant to a probation order, the court may require a person who violates Subsection
B of this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the cost of participating in the program. In addition, a person who violates this section is subject to the following:
(1) For the first violation, the court may order the person to do one
of the following:
(a)
Perform not more than 16 hours of community service.
(b)
Participate in a health promotion and risk reduction program,
as described in this subsection.
(2) For a second violation, in addition to participation in a health
promotion risk reduction program, the court may order the person to
perform not more than 32 hours of community service.
(3) For a third or subsequent violation, in addition to participation
in a health promotion and risk reduction program, the court may order
the person to perform not more than 48 hours of community service.
(State law reference: Similar provisions, MCL 722.642.)
It shall be unlawful for any person to leave
outside of any building or dwelling or in a place accessible to children
any abandoned, unattended or discarded ice box, refrigerator or any
other container of any kind which has an airtight door or lock which
may not be released for opening from the inside of said ice box, refrigerator
or container without first removing the said snap-lock or doors from
said ice box, refrigerator or container.
A. It is unlawful for any person to use or knowingly
or intentionally to possess lysergic acid diethlamide, peyote, mescaline,
dimethyltryptamine, psicolyn or marijuana (Cannabis sativa L.) or
such other substances as defined in Schedules 1-5 of Public Act 368
of 1978, as amended (MCL 333.7336), of the State of Michigan, unless
the substance was obtained directly from or pursuant to a valid prescription
or order of practitioner ("practitioner" being defined as in Subdivisions
(a) and (b) of MCL 333.7109, as amended) while acting in the course
of his professional practice or except as otherwise authorized by
this section.
B. First offenders. When any person who has not previously
been convicted as set forth herein or under any statute of the United
States or state law or municipal ordinance relating to possession
or use of the substances as defined herein pleads guilty to or is
found guilty of violating this section, the court, without entering
a judgment of guilt and with the consent of the accused person, may
defer further proceedings and place the accused person on probation
upon certain terms and conditions, including therein such requirement
that the accused person attend courses of instruction or rehabilitation
on the medical, psychological and social effects of the misuse of
drugs and/or the substances defined herein. Upon violation of a term
of condition, the court may enter an adjudication of guilt and proceed
as the court determines. Upon fulfillment of the terms and conditions,
the court shall discharge the person and dismiss the proceeding against
him. Discharge and dismissal under this section shall be without adjudication
of guilt and is not a conviction for the purposes of disqualifications
or disabilities imposed by law upon the conviction of a crime. There
may be only one discharge and dismissal under this subsection with
respect to any person. The Department of Public Safety shall retain
a nonpublic record of an arrest and discharge or dismissal under this
subsection. This record shall be furnished to any court or police
agency upon request for the purpose of showing that a defendant in
a criminal action involving possession or use of the substances as
defined above has already once availed himself of the provisions of
this subsection.
C. Narcotic paraphernalia. It shall be unlawful for any
person to have, possess, sell, offer to sell, dispense or give away
any pipe, device or contrivance adapted for the use of smoking or
inhaling marijuana (Cannabis sativa L.), hashish or opium; provided,
however, that such pipe, device or contrivance has been used for the
purpose of smoking or inhaling marijuana, hashish or opium.
D. Hypodermic syringes, needles, etc. It shall be unlawful
for any person to have, possess, sell, offer to sell, dispense or
give away any hypodermic syringe, needle or any other instrument or
implement for the illegal use of narcotic or dangerous or hallucinatory
drugs as defined by state law, by subcutaneous injection or intracutaneous
injection or any other manner or method of introduction and which
is possessed, sold, offered, dispensed or given away for that purpose.
E. Loitering about places where drugs, etc., are illegally
stored, kept or used. It shall be unlawful for any person, knowing
that the substances, devices and/or other instruments enumerated and
prescribed within this section are being illegally sold, dispensed,
furnished, given away, stored kept or used, to loiter about, frequent
or be present in such building, apartment, automobile, beat or place
of any description wherein such illegal activity is being carried
on, conducted or operated or wherein such illegal substances, devices
and/or instruments prescribed herein are being illegally kept or stored.
(State law reference: MCL 333.7401 et seq.)
No person who is required to have his fingerprints
taken under MCL 28.243 1. shall refuse to allow or resist the taking
of his fingerprints.
It shall be unlawful for any person not duly
appointed and sworn as a police officer for the Township to impersonate
such officer or to wear, carry, display or have in his possession
a badge, identification card, business card(s) or designated dress
or insignia of such police officer.
No person firm or security guard service shall
wear or cause to be worn any uniform or part of any uniform, badge,
hat or insignia that resembles or conveys an image of being a police
officer or reserve police officer of the Township without first obtaining
written permission from the Director of Public Safety.
No person shall have any property right in or
to any money, personal property or paraphernalia whatsoever found
by the court to have been used in connection with the operation or
carrying on of an illegal activity and such property may be declared
forfeiture.
[Amended 5-18-2017]
A. The use or discharge of any and all firearms, bow and arrow or crossbow
within the Township is hereby prohibited.
B. Nothing herein contained shall prevent the use or discharge of any
firearms in the following circumstances:
(1) By any person or persons properly acting in lawful self-defense;
or
(2) By or at the direction of any police, military or governmental authority
duly established under the laws of the Township, State of Michigan
or the United States; or
(3) By law enforcement officers in the discharge of their duties: or
(4) By an established and lawfully permitted educational program, camp
or school program or activity properly supervised with an application
for a permit submitted to the Northville Township Police Department,
which will only be allowed at the place, time and manner as may be
approved; or
(5) Military functions, such as parades and funerals firing blank charges;
or
(6) By an authorized shooting or practice range for the exclusive use
of law enforcement officers of the Township, State of Michigan or
United States; or
(7) As permitted in §
67-34F of the Criminal Code.
C. A violation of this section shall result in the forfeiture of any
weapon used contrary to this section.
It shall be unlawful for any person to knowingly
or willfully:
A. Communicate in any way at any gathering in any public
place that a fire exists when in fact a fire does not exist or to
aid or abet in any such false communication.
B. Ring any bell or operate any mechanical apparatus,
electrical apparatus or combination thereof or permit or cause the
same to be operated or activated for the purpose of communicating
that a fire exists when in fact a fire does not exist or to aid or
abet in any such false communication.
C. It shall be unlawful for any person to knowingly and
willfully summon by telephone or otherwise the Department of Public
Safety or any public or private ambulance to any person or property
address where the service called for is not needed or to aid or abet
in such act of communication.
[Amended 9-18-2003]
Every act prohibited by state law as a misdemeanor
is hereby prohibited, and whoever violates the provisions of this
section within the Township shall, upon conviction thereof, be punished
by the same penalty provided by state law, except that the penalty
shall, in no case, exceed a fine of $500 or imprisonment for 93 days,
or both.
A. Any person who shall violate any of the provisions
of this chapter shall be subject to the penalties specified for a
violation of the Township Code.
B. Any minor, as defined in the State Probate Code, who
violates any provision of this chapter shall be dealt with by the
Juvenile Division of the Probate Court or as otherwise prescribed
by state law.