[HISTORY: Adopted by the City Commission of the City of Kalamazoo 7-18-2022 by Ord. No. 2051.[1] Amendments noted where applicable.]
STATUTORY REFERENCES
Controlled substances — See MCLA § 333.7101 et seq.
Assaults — See MSA § 28.276 et seq.; MCLA § 750.81 et seq.
Attempts to commit crime — See MSA § 28.287; MCLA § 750.92.
Cursing and swearing — See MSA § 28.298; MCLA § 750.103.
Minors and liquor — See MCLA § 436.1703.
Curfew for minors — See MSA §§ 28.342(1) — 28.342(3); MCLA §§ 722.751 — 722.753.
State curfew law does not affect power of City to enact curfew ordinance — See MSA § 28.342(4); MCLA § 722.754.
Impersonation of police officers — See MSA § 28.412; MCLA § 750.215.
Forfeiture of weapons — See MSA § 28.436; MCLA § 750.239.
Indecent exposure — See MSA § 28.567(1); MCLA § 750.335a.
Indecent language in presence of women or children — See MSA § 28.569; MCLA § 750.337.
Larceny — See MSA § 28.588 et seq.; MCLA § 750.356 et seq.
Breaking and entering coin operated telephone — See MSA § 28.588(2); MCLA § 750.356b.
Littering — See MSA § 28.603(1) et seq.; MCLA § 324.8901 et seq.
Covering or fencing wells or cisterns — See MSA § 28.761(2); MCLA § 750.493b.
Removal of locking devices from abandoned iceboxes or refrigerators — See MSA § 28.761(4); MCLA § 750.493d.
Aiding and abetting — See MSA § 28.979; MCLA § 767.39.
Obscene literature — See MCLA § 752.361 et seq.
Gambling — See MCLA § 750.301.
Malicious and willful mischief and destruction — See MCLA § 750.50b et seq.
Prostitution — See MCLA § 750.448 et seq.
Trespass — See MCLA § 750.546 et seq.
Regulation and Taxation of Marihuana Act — See MCLA § 333.27951 et seq.
Medical Marihuana Facilities Licensing Act — See MCLA § 333.27101 et seq.
Interference with flow of traffic — See MCLA § 257.676.b
Public Nuisance Act — See MCLA § 600.3801 et seq.
Violations of Liquor Control Code — See MCLA § 436.1909.
Definitions related to substance abuse disorder services — See MCLA § 333.6230.
Definitions pertaining to mental health — See MCLA § 330.1100a.
Status of minors and child support — See MCLA §§ 722.1 to 722.6
[1]
Editor's Note: This ordinance superseded former Ch. 22, Offenses and Crimes Generally, as amended.
[Amended 7-18-2022 by Ord. No. 2051]
Every person who attempts to commit an offense against the provisions of this Code or any rule or regulation promulgated pursuant to this Code, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty or responsible of an offense and shall be punished in the manner prescribed for the attempted offense itself.
[Amended 7-18-2022 by Ord. No. 2051]
Every person who procures, counsels, aids or abets another to commit an offense against any provisions of this Code or any rule or regulation promulgated pursuant to this Code shall be guilty or responsible of an offense and punished in the same manner as the person who committed the offense.
[Added 7-18-2022 by Ord. No. 2051]
As used in this chapter, the following terms shall have the meanings indicated:
AMMUNITION
Any ammunition cartridge, shell or other device containing explosive or incendiary material designed and intended for use in any firearm.
BRANDISH
To deliberately point, waive about, or display a firearm in a threatening manner with the intent to induce fear in another individual.
CONTROLLED SUBSTANCE
Defined as it is in the Controlled Substances Act of the State of Michigan, MCLA § 333.7101 et seq., as amended.
DRUG PARAPHERNALIA
Any item which is used or intended for use with a controlled substance. Drug paraphernalia does not include "marihuana accessories" as defined in the Michigan Regulation and Taxation of Marihuana Act, MCLA § 333.27951 et seq., as amended, or "paraphernalia" relating to marihuana as defined in the Medical Marihuana Facilities Licensing Act, MCLA § 333.27101 et seq., as amended.
FACSIMILE FIREARM
Any device that in size, shape, color, construction or design might reasonably be perceived to be a firearm or pneumatic gun and can only be differentiated from a firearm or pneumatic gun through close inspection.
FIREARM
Any weapon or device which will, is designed to, or may readily be converted to, expel a projectile by action of an explosive.
MINOR
Any person under the age of 18.
PNEUMATIC GUN
Any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. "Pneumatic gun" includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
PUBLIC PLACE
A place where a governmental entity has title, to which the public has access, including but not limited to any sidewalk, street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
SOLICITING
Asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. "Soliciting" shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
USED OR INTENDED FOR USE WITH A CONTROLLED SUBSTANCE
At the time the defendant sold or offered for sale, either:
A. 
The item was primarily designed or adapted, because of its objective physical features, for use with a controlled substance; or
B. 
The item was intended by the defendant for use with a controlled substance; or
C. 
The defendant knew, or, because of the information known to him, should have known, that the recipient intended to use the item with a controlled substance.
[1]
Editor's Note: Former § 22-3, Nuisances generally — Specified; unlawful to maintain; exceptions, adopted as § PS605 of the P.S. Code, as amended, was repealed 6-3-2019 by Ord. No. 1990.
[1]
Editor's Note: § 22-4, Same — Investigations; notice to abate; hearing, adopted as § PS605.3 of the P.S. Code, as amended, and § 22-5, Same — Abatement by City, adopted as §§ PS605.4 and PS605.5 of the P.S. Code, as amended, were repealed 6-3-2019 by Ord. No. 1990.
[P&L Code § PL226; amended 2-13-1984 by Ord. No. 1314; 4-30-1984 by Ord. No. 1320]
Any person who shall wilfully enter upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner, occupant or agent of either, or any person being upon the lands or premises of another, upon being notified to depart therefrom by the owner, occupant or agent of either, who, without lawful authority, neglects or refuses to depart therefrom shall be guilty of a misdemeanor. Any person who wilfully enters on any property which is posted against trespassing in a conspicuous manner is guilty of a misdemeanor.
[P&L Code § PL221; amended 3-4-2002 by Ord. No. 1733]
A. 
Any person who shall stand, prowl or enter the private property of another in the nighttime without lawful business with the owner or occupant, shall be guilty of a misdemeanor.
B. 
Any person who, while standing, prowling or entering the private property of another, in the day or nighttime, without lawful business with the owner or occupant, looks or peeps in the windows or doors of any inhabited building, house or structure located thereon, shall be guilty of a misdemeanor.
[1]
Editor's Note: Former § 22-9, Spitting on sidewalks or floors of public conveyances and places, P&L Code § PL216, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL217; amended 9-3-1974 by Ord. No. 1029; 10-28-1985 by Ord. No. 1362; 7-18-2022 by Ord. No. 2051]
A. 
It is unlawful for a person knowingly, without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, throw, or leave or cause or permit the dumping, depositing, placing, throwing or leaving of any refuse, debris, or other litter on public or private property. It is unlawful for a person who removes a vehicle, wrecked or damaged in an accident on a highway, road or street, to fail to remove all glass and other injurious substances dropped on the highway, road or street as a result of the accident.
B. 
In a proceeding for a violation of this section involving litter from a motor vehicle, proof that the particular vehicle described in the citation was used in the violation, together with proof that the defendant named in the citation 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.
C. 
The driver of a vehicle is presumed to be responsible for refuse, debris or litter which is thrown, dropped, dumped, deposited, placed or left from the vehicle on public or private property.
D. 
Penalty.
(1) 
A person who violates this section shall be responsible for a municipal civil infraction. The following schedule of fines shall apply for a violation of this section:
(a) 
A fine of up to $200 if the amount of the litter is less than one cubic foot in volume.
(b) 
A fine of not less than $200 but not more than $500 if the amount of litter is more than one cubic foot in volume, but less than three cubic feet in volume.
(c) 
A fine of not less than $500 but not more than $2,500 if the amount of the litter is more than three cubic feet in volume.
(2) 
The court may order a person responsible for a violation of this section to reimburse the City of Kalamazoo for the costs incurred in removing and/or disposing of the refuse, debris, or litter connected with the particular violation.
(3) 
In addition to a civil fine and restitution, the court may impose, under its supervision, community service in the form of litter-gathering labor, including, but not limited to, litter connected with the particular violation.
[1]
Editor's Note: Former § 22-11, Covering or fencing of dry wells, cisterns and cesspools, P&L Code § PL715.1, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code §§ PL715.2, PL715.2A; amended 7-18-2022 by Ord. No. 2051]
A. 
No person shall permit or suffer to remain in the City any abandoned, discarded or unattended refrigerator, cooler, chest, cabinet or other similar equipment, without first removing the doors or the locks or latches or without first taking other precautions to effectively prevent children from being inadvertently or otherwise locked therein.
B. 
A person who violates this section shall be responsible for a municipal civil infraction.
[1]
Editor's Note: Former § 22-12.1, pertaining to parking/storage of vehicles in front yards, as amended, was repealed 1-29-1990 by Ord. No. 1483. For current, related provisions, see § 36-186.
[P&L Code §§ PL501 - PL503, PL506; amended 3-11-1991 by Ord. No. 1510; 3-15-2004 by Ord. No. 1767]
A. 
No person shall park, store, abandon, discard or permit to remain on any premises in the City, including a public or private right-of-way or street or any public property, any inoperable, wrecked, or partially dismantled motor vehicle or a part of a motor vehicle, except where permitted by the Zoning Ordinance and except as otherwise provided in this section. The absence of current license plates shall create a rebuttable presumption that a vehicle is inoperable. This section shall not apply to a motor vehicle or part thereof in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. For purposes of this section, "inoperable vehicle" means a vehicle that does not mechanically operate and/or a vehicle whose condition is such that it cannot lawfully be operated upon the streets of this City. Reference below to the stickering and towing of vehicles in all ways also applies to the removal of parts of a motor vehicle.
B. 
The presence of any inoperable, wrecked, or partially dismantled vehicle, or parts or tires of motor vehicles, on any premises contrary to this section is hereby declared to be a public nuisance. As such, the City may take reasonable action to abate the nuisance, including having the vehicle towed away from the premises. Such towing shall not occur less than 10 days after a sticker has been affixed to the vehicle, which sticker shall state that the vehicle is in violation of this section and that it may be towed if the situation is not remedied. In the event a vehicle is towed, the owner of the vehicle shall be responsible for reasonable towing and storage charges. In addition, an administrative fee may also be assessed by the City in amounts determined by resolution by the City Commission. Said fee, in a lesser amount when a vehicle is only stickered and in a greater amount when the vehicle is thereafter towed, may be assessed against those persons described in Subsection E below. The fee shall not be assessed when a vehicle is stickered but thereafter determined by the City to not have been in violation.
C. 
A vehicle which is stickered and thereafter brought into compliance, but which is thereafter in violation of this section within 60 days of the initial stickering shall be subject, without further stickering, to abatement action, including towing.
D. 
The time limits specified in this section may be extended for further periods upon issuance of a special permit by the City Manager, or his or her designee, in cases where undue hardship would be caused by strict enforcement.
E. 
Any person who violates this section and is the owner of or has charge, custody or control of a vehicle about which abatement action has been taken, and/or who resides at the site of such a vehicle and has control of the premises shall be responsible for a municipal civil infraction. The administrative fee described above may be assessed against any such person and/or against the nonresident owner of the premises if the City first mails a notice of violation and possible assessment to said person at his/her last known address at least 10 days prior to the abatement activities.
[Amended 7-18-2022 by Ord. No. 2051]
F. 
In addition to any other fine or cost, the court shall order a person responsible of violating this section to pay the City the amount of the administrative fee if said fee has been assessed against that person. If an administrative fee remains unpaid 30 days after it has been assessed, it shall thereafter accrue interest at the rate of 6% per annum from the date of the assessment. Further, if the person assessed both owns and resides at the site, or owns but does not reside at the site but was provided written notice as described above, an unpaid administrative fee shall constitute a lien upon the property and may be billed as part of the tax applicable to the property.
[Amended 7-18-2022 by Ord. No. 2051]
[P&L Code § PL721; amended 9-21-1998 by Ord. No. 1659]
A. 
No person shall use or place barbed wire on any fence, barrier or other structure within six feet of the ground in any place in the City.
B. 
No person shall use or place, or allow to be used or placed upon their property, an aboveground fence which is charged with or otherwise carries an electrical current.
C. 
A person who violates this section shall be responsible for a municipal civil infraction.
[Added 7-18-2022 by Ord. No. 2051]
[1]
Editor's Note: Former §§ 22-15, Fraud generally, P&L Code § PL208; 22-16, False or fraudulent statements for purpose of obtaining welfare or relief benefits, P&L Code § PL604; and 22-17, Phrenology, fortune-telling, etc., P&L Code § PL218, were repealed7-18-2022 by Ord. No. 2051.
[P&L Code § PL219; amended 8-21-2006 by Ord. No. 1811; 11-3-2014 by Ord. No. 1928; 7-18-2022 by Ord. No. 2051]
A. 
No person shall solicit in or on private property without first obtaining the permission from the owner or person in lawful control or possession of such property.
B. 
No person shall solicit in or on a public place:
(1) 
In any public transportation vehicle, such as a bus or train, nor within 20 feet of where such a vehicle takes on or releases passengers, nor within 20 feet of any bus stop;
(2) 
At the intermodal transit center;
(3) 
Within 20 feet of any entrance or exit of a bank, credit union, or an automated teller machine (When an automated teller machine is located within a structure, the 20 feet shall be measured from the entrance or exit of the structure.);
(4) 
From a person who is in a vehicle on the street, except in strict conformance with Section 676b of the Michigan Vehicle Code, MCLA § 257.676b, a violation of which is a civil infraction subjecting the violator to a minimum civil fine of $100 and a maximum fine of $500.
(5) 
After sunset nor before sunrise;
(6) 
Within 10 feet of an entrance to a building;
(7) 
From a child whom the solicitor knows or reasonably should know is under the age of 16 years;
(8) 
In an aggressive manner, which includes:
(a) 
Approaching or speaking to a person, or following a person before, during or after soliciting, in a manner that is intended or is likely to cause a reasonable person to fear bodily harm to himself or herself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;
(b) 
Continuing to solicit from a person after the person has given a negative response to such soliciting;
(c) 
Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting;
(d) 
Conspicuously following the person to be solicited or who has been solicited;
(e) 
Soliciting money from anyone who is waiting in line for entry to a building or for another purpose; or
(9) 
From anyone who is within an enclosed area, defined by fencing, gates, bollards or other means of separation, where food and/or beverages are being served for immediate consumption in a public place.
C. 
Except as otherwise provided, a person who violates this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $250, or both.
[P&L Code § PL207; amended 4-13-1981 by Ord. No. 1222; 10-7-2024 by Ord. No. 2096]
Any person or persons who, on any street, sidewalk, or any other public place, does any act which hinders or impedes, or could hinder or impede, the passage of pedestrians, bicycles, or vehicles, and refuses to cease and desist such acts when ordered to do so by a police officer or public safety officer, or other person in charge of the property, shall be guilty of a misdemeanor.
[Amended 3-15-1993 by Ord. No. 1554]
It shall be unlawful for any person to:
A. 
Knowingly or wilfully obstruct, resist, interfere with and/or oppose, by physical or nonphysical means, any public safety officer, police officer, or other duly authorized person while said officer or person was engaged in lawful acts, attempts and efforts in the enforcement or execution of any law, ordinance, rule, order, or resolution made, issued, or passed by lawful authority.
B. 
Knowingly or wilfully obstruct, resist, interfere with, and/or oppose, by physical or nonphysical means, any public safety officer, police officer, or other duly authorized person, in serving or attempting to serve or execute any civil or criminal process, rule or order made, issued, or passed by lawful authority.
C. 
Knowingly or wilfully failing to obey the lawful order or command of a public safety officer, when such person knows or should know said officer to be a member of the Department of Public Safety or any other police agency.
D. 
Knowingly or wilfully interfere with, and/or oppose, by physical or nonphysical means, any public safety officer, firefighter, medical technician, or other duly authorized person while in the performance of his or her duties or while attempting to aid an injured or ill person, reduce a hazardous condition, or meet the needs of an emergency.
E. 
Flee or attempt to flee a public safety officer or police officer when said officer is lawfully enforcing or attempting to enforce any civil or criminal law, ordinance, or rule.
F. 
Knowingly give false or misleading information to a public safety officer or police officer while said officer is in the performance of his or her lawful duties.
[1]
Editor's Note: Former § 22-22, relative to interfering with police or ambulance personnel, was repealed 10-31-1983 by Ord. No. 1296.
[P&L Code § PL603]
It shall be unlawful for any person, not a policeman, fireman or inspector of the City, to wear, in the City, or to use, as a means of obtaining entrance in any dwelling house, home, apartment or residence within the City, the distinctive hat, uniform or badge, or any hat, uniform or badge similar to the hat, uniform or badge approved by the City Manager for the purpose of designating policemen, firemen, or public safety officers, and inspectors, or in any other way to use such hat, uniform or badge for gaining entrance into any dwelling, house, home, apartment or residence within the City.
[1]
Editor's Note: Former § 22-24, Impersonating meter readers, P&L Code § PL602; P.S. Code § PS402.1, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL222; amended 7-18-2022 by Ord. No. 2051]
Any person who takes or steals any money, goods, chattels or other things of value belonging to another, and having a value of less than $200, shall be guilty of a misdemeanor punishable by imprisonment of not more than 90 days or a fine of not more than $500, or both.
[P&L Code § PL222.2]
Any person who, without lawful authority, breaks or enters into any coin-operated telephone or any pinball machine, jukebox, vending machine, parking meter or similar coin-operated machine or device, for any reason, shall be deemed guilty of a misdemeanor.
[P&L Code § PL223; amended 10-17-1988 by Ord. No. 1448; 7-16-2012 by Ord. No. 1898]
A. 
A person who does any of the following in a store or its immediate vicinity, if the property at issue has a value of less than $200, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500:
(1) 
While a store is open to the public, alters, transfers, replaces, conceals or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale.
(2) 
While a store is open to the public, steals property of the store that is offered for sale.
(3) 
With the intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store.
[1]
Editor's Note: Former § 22-28, Dust emission from industrial or commercial establishments, P&L Code §§ PL1212.1, PL1212.2, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL401; amended 7-18-2022 by Ord. No. 2051]
A. 
It shall be unlawful for any person to shoot or discharge any firearm within the limits of the City, except by permission of the Chief of Police.
B. 
It shall be unlawful for any person to discharge a pneumatic gun within the City except:
(1) 
At an authorized target range;
(2) 
On other property where firearms may be discharged; or
(3) 
On or within private property with the permission of the owner or possessor of that property if conducted with reasonable care to prevent a projectile from crossing the bounds of the property.
C. 
A person who violates this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
[1]
Editor's Note: The title of § 22-29 was changed at the direction of the City, to indicate that § 22-29 includes more than firearms.
[P&L Code § PL215; amended 7-18-2022 by Ord. No. 2051]
Any person who shall willfully assault another in any place in the City, or be engaged in or aid or abet in any fight, quarrel or other disturbance in the City, shall be deemed guilty of a misdemeanor.
[1]
Editor's Note: Former §§ 22-31, Accosting, molesting, etc., others, P&L Code § PL202, as amended; 22-32, Improper advances, gestures, etc., to people, P&L Code § PL221.1, as amended; and 22-33, Obscene or profane language or gestures, P&L Code § PL202(a), as amended, were repealed 7-18-2022 by Ord. No. 2051.
[P&L Code § PL203; amended 4-28-1975 by Ord. No. 1049]
No person shall make any indecent exposure of his or her person in any public place or within public view.
[Added 4-21-1997 by Ord. No. 1634]
A. 
Except where a rest room is used, it shall be unlawful for any person to urinate or defecate:
(1) 
While on or in any public street, sidewalk, alley, park, parking lot, parking structure, public carrier or any other place open to the public; or
(2) 
While on or in any private property when said act is open to public view; or
(3) 
While on or in the private property or another without the consent of the owner.
B. 
A person who violates this section shall be responsible for a municipal civil infraction.
[Added 7-18-2022 by Ord. No. 2051]
[1]
Editor's Note: Former § 22-35, Selling or exhibiting indecent or obscene pictures, books, etc., to minors, P&L Code § PL204, was repealed 7-18-2022 by Ord. No. 2051.
[P&L Code §§ PL211 - PL211.2; amended 3-14-1994 by Ord. No. 1570; 3-4-2002 by Ord. No. 1732; 7-7-2003 by Ord. No. 1758; 7-6-2004 by Ord. No. 1773]
A. 
Any person who shall accost, solicit or invite another person in any public place, or in or from any building or vehicle, by word, gesture or any other means, to commit prostitution or to do any other lewd or immoral act, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
B. 
Any person who walks, strolls or loiters about for lewd or immoral purposes or for the purposes of enticing others to commit prostitution, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
C. 
Any person who engages or offers to engage the services of a person for the purpose of prostitution, lewdness or assignation, by the payment in money or other forms of consideration, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
D. 
Any person who shall receive or admit or offer to receive or admit any person into any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, or who shall knowingly permit any person to remain in any such place for any such purpose, shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
E. 
Any person who shall knowingly let or lease any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, or who shall knowingly permit said lessee to use the same for such purpose, or who shall knowingly receive any rent or other consideration for any place, structure, house, building or vehicle for the purpose of prostitution, lewdness or assignation, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
F. 
Any person who shall aid, assist or abet another to commit, or offer to commit, any act prohibited in this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
G. 
Any person who is on probation or on bond for a violation of any part of this section or a state statute or other municipal ordinance which is substantially similar to this section, and is found to be in violation of the terms of such probation or bond, may be immediately arrested.
H. 
Cost recovery for violation of this section.
(1) 
Any person in violation of any subsection of § 22-36 shall be liable to the City of Kalamazoo for the costs of the police response involved in the investigation of the incident leading up to the arrest or charging of the defendant, including, but not limited to: The salaries or wages, including overtime pay, of public safety or other City personnel for time spent responding to the incident, including arresting the individual or preparing charges, processing the individual after an arrest, preparing reports on the incident and investigating the incident and incarceration costs and medical costs of the inmate.
(2) 
All expenses of a police response shall be a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied; except that liability for the expenses provided for in this section shall not be insurable, and no insurance policy shall provide or pay for any of the expenses. This section shall be construed to be a responsibility and liability of a civil nature on the part of the person and shall not be construed to conflict, contravene or enlarge or reduce any criminal liability or responsibility, and shall not be a substitute for any criminal liability, including fines or costs imposed by a judge for a violation of § 22-36.
(3) 
The City Commission may adopt by resolution a schedule of the costs included within the expenses of a police response pursuant to this section.
(4) 
After receiving itemized costs incurred for a police response, the Public Safety Department shall submit a bill for those costs by first-class mail or personal service to the person liable for these expenses under this section. Said bill shall require full payment within 30 days from the date of service.
(5) 
If the individual described in this section fails to pay the bill within 30 days of service, then the City Attorney may commence a civil action to recover the expenses of the police response and any costs of the litigation allowed by law.
I. 
Kalamazoo Department of Public Safety officers are authorized to seize any vehicle or other personal property used for the purposes of soliciting or committing any acts prohibited by this section pursuant to the Public Nuisance Act, MCLA § 600.3801 et seq., as amended. The Department of Public Safety is authorized at its discretion to release any vehicle which has been seized to the owner upon payment of a sum to be determined by the Chief of Public Safety. Further, the Office of the City Attorney is authorized to maintain an action to abate a nuisance and to have the vehicle or property forfeited under the Public Nuisance Act, MCLA § 600.3801 et seq., as amended, and to name a Kalamazoo Department of Public Safety officer as the plaintiff pursuant to MCLA § 600.3805, as amended.
[P&L Code §§ PL1208, PL211.2, PL214, PL214.1]
A. 
It shall be unlawful for any person to engage in any form of gambling within the City.
B. 
No person shall, directly or indirectly, keep or occupy, or assist in keeping or occupying, or maintain or let to another any common gambling house or any building or place where gaming is permitted or suffered, or suffer or permit, on any premises owned, occupied or controlled by him, any apparatus used for gaming or gambling in any place within the City.
C. 
It shall be unlawful for any person to loiter, congregate or be found in any house or other place where gambling is taking place.
[1]
Editor's Note: Forner §§ 22-39, Marijuana possession; penalty, added 10-1-2012 by Ord. No. 1904; and 22-40, Being under influence of controlled substance or drug in public, P&L Code § PL212.2, were repealed 7-18-2022 by Ord. No. 2051.
[Amended 2-16-1987 by Ord. No. 1403;[1] 6-3-2019 by Ord. No. 1992; 7-18-2022 by Ord. No. 2051]
A. 
Any person who shall sell or offer for sale drug paraphernalia shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
B. 
This section shall not apply to:
(1) 
Persons licensed by the State of Michigan to engage in the activity prohibited by Subsection A above; or
(2) 
An object sold, offered for sale, or given away by a person or agency specifically authorized by the City Commission to prevent the transmission of infectious agents, pursuant to MCLA § 333.7457(f). Authorization by the City Commission shall be valid for a period of two years.
(a) 
To obtain authorization, the City Commission shall be provided with information outlining the following:
[1] 
The address and proposed location of the proposed program sites;
[2] 
Written procedures regarding the collection and disposal of used hypodermic syringes and needles;
[3] 
Written procedures for the distribution of new hypodermic syringes and needles;
[4] 
Services that will be offered;
[5] 
The complete corporate name and documentation that verifies incorporation, as well as compliance with all legal reporting and filing requirements if the person or agency is a corporation; and
[6] 
All trade or assumed names utilized to conduct business if the person or agency conducts business under a trade or assumed name.
(b) 
To renew authorization, the City Commission shall be provided with a report, ensuring client confidentiality, outlining statistics and aggregate data collected over the previous two-year authorization period and any updated information, policies and procedures.
[1]
Editor's Note: Section 1 of Ord. No. 1403 directed that a new § 22-54, pertaining to the sale of drug paraphernalia, be added to the Code. Said section has been included, at the editor's discretion, as § 22-41 for purposes of classification.
[P&L Code § PL213.2; amended 3-19-1979 by Ord. No. 1153; 5-4-1998 by Ord. No. 1652; 11-2-2009 by Ord. No. 1860; 12-18-2017 by Ord. No. 1953]
(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 by law. A minor who violates this subsection is responsible for a municipal civil infraction or guilty of a misdemeanor as follows and is not subject to the penalties prescribed in MCLA § 436.1909:
(a) 
For the first violation, the minor is responsible for a municipal civil infraction and shall be fined not more than $100, and may be ordered to participate in substance use disorder services as defined in MCLA § 333.6230, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (5). A minor may be found responsible or admit responsibility only once under this subsection.
(b) 
If a violation of this subsection occurs after one prior judgment, the minor is guilty of a misdemeanor. A misdemeanor under this subsection is punishable by imprisonment for not more than 30 days but only if the minor has been found by the court to have 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, or a fine of not more than $200, or both, and may be ordered to participate in substance use disorder services as defined in MCLA § 333.6230, and designated by the administrator 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 (5).
(c) 
If a violation of this subsection occurs after two or more prior judgments, the minor is guilty of a misdemeanor. A misdemeanor under this subsection is punishable by imprisonment for not more than 60 days but only if the minor has been found by the court to have 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, or a fine of not more than $500, or both, and may be ordered to participate in substance use disorder services as defined in MCLA § 333.6230, and designated by the administrator 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 (5).
(2) 
A person who furnishes fraudulent identification to a minor, or, notwithstanding Subsection (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) 
If an individual pleads guilty to a misdemeanor violation of Subsection (1)(b) the court, without entering a judgment of guilt in a criminal proceeding and with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions as set forth in MCLA § 436.1703, as amended.
(4) 
A misdemeanor violation of Subsection (1) successfully deferred, discharged, and dismissed under Subsection (3) is considered a prior judgment for the purposes of Subsection (1)(c).
(5) 
The court may order the person found responsible for or convicted of violating Subsection (1) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in MCLA § 330.1100a, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. The court may order a person subject to a conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (1) to submit to a random or regular preliminary chemical breath analysis. In the case of a minor under 18 years of age not emancipated under MCLA §§ 722.1 to 722.6, the parent, guardian, or custodian may request a random or regular preliminary chemical breath analysis as part of the probation.
(6) 
(Reserved)
(7) 
A public safety officer or a peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may request that a person voluntarily consent to a preliminary chemical breath analysis. If a minor does not consent to a preliminary chemical breath analysis, the analysis shall not be administered without a court order, but a public safety officer or a peace officer may seek to obtain a court order. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a municipal civil infraction proceeding or criminal prosecution to determine whether the person less than 21 years of age has consumed or possessed alcoholic liquor.
(8) 
A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under MCLA §§ 722.1 to 722.6 allegedly consumed, possessed or purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (1) shall notify the parent or parents, custodian, or guardian of the person 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 notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated Subsection (1) is less than 18 years of age and not emancipated under MCLA §§ 722.1 to 722.6. The notice may be made 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.
(9) 
through (16) (Reserved)
(17) 
In a prosecution for the violation of Subsection (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. Further, this section shall not apply to any consumption of alcohol expressly permitted by MCLA § 436.1703, as amended.
(18) 
As used in this section:
(a) 
"Any bodily alcohol content" means either of the following:
[1] 
An alcohol content of 0.02 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
[2] 
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.
(b) 
"Prior judgment" means the term as defined in MCLA § 436.1703, as amended.
[Added 11-6-1978 by Ord. No. 1146]
A. 
A person shall not possess any alcoholic liquor, as that term is defined in the Michigan Liquor Control Act, in a container which is open, uncapped or upon which the seal is broken, or consume any said alcoholic liquor in any City-owned or operated parking lot or parking structure; provided, however, that said alcoholic liquor may be sold, possessed and consumed in such a parking lot or parking structure during the period of a special license, with the specific approval of the City Commission and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.
B. 
A person shall not possess any alcoholic liquor, as that term is defined in the Michigan Liquor Control Act, in a container which is open, uncapped or upon which the seal is broken, or consume any said alcoholic liquor on the Kalamazoo Mall, as that term is defined in § 19-2 of the Kalamazoo Code of Ordinances; provided, however, that said alcoholic liquor may be sold, possessed or consumed on the Kalamazoo Mall during the period of a special license with the specific approval of the City Commission and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.
[P&L Code §§ PL301, PL302; amended 5-5-2008 by Ord. No. 1840]
A. 
It shall be unlawful for any minor under the age of 17 years to be in or on any street, alley or public place in the City between the hours of 12:00 midnight and 6:00 a.m., unless such person is:
(1) 
Accompanied by a parent or guardian or other person having legal custody and control of such minor;
(2) 
In the performance of an errand or duty directed in writing by his or her parent, guardian or other person having care or custody of such minor;
(3) 
In the performance of employment directed in writing by his or her employer;
(4) 
Returning directly home from attending a special entertainment of an instructive or beneficial character, for the attendance at which such minor shall have received permission, in writing, from his or her parent, guardian or other person having custody and control of the minor; or
(5) 
Operating a motor vehicle within the scope of his or her license.
B. 
Notwithstanding the provisions of Subsection A above, it shall be unlawful for any minor under the age of 12 years to be in or on any street, alley or public place in the City between the hours of 10:00 p.m. and 6:00 a.m. unless such minor is accompanied by his or her parent, guardian or other person having custody and control of the minor.
C. 
It shall be unlawful for any parent, guardian or other person having custody and control of the minor to allow such minor to violate this section, and for any person 17 years or older to assist, aid, abet or encourage a minor to violate this section.
[P&L Code §§ PL303 - PL305]
A. 
Each member of the police force is hereby authorized to arrest, without warrant, any minor within his presence violating any provision of § 22-43. If such minor has not previously been so arrested, the police officer shall remove such minor to his home and place him in the charge of any parent, guardian or other person having the legal custody of such minor, or any other person over the age of 18 years, being a member of the family of such minor, who shall be upon the premises. If no such parent, guardian, person having the custody of such minor or member of the family over 18 years of age is upon the premises when such minor is returned, the officer shall make disposition as directed by a judge or agent of the county juvenile court.
B. 
Whenever any minor is arrested under this section, written notice shall be given to the parent, guardian or other person having legal care or custody of such minor, such notice to be by personal service, or by leaving a copy thereof at his place of residence and informing any person upon the premises of suitable age and understanding of the contents thereof. Such notice shall be in substantially the following form:
To
You are hereby notified that on the
day of
, A.D.
, your minor child named
, was arrested for being upon the streets of the City of Kalamazoo in violation of § 22-43 of the Code of Ordinances of the City of Kalamazoo, a copy of which is printed upon the back of this notice.
You are further notified that you shall see to it that said child shall, in the future, observe the provisions of said section, and for failure to do so, you shall be liable to the penalty provided for the violation of said section.
Chief of Police
Upon the back of every such notice, § 22-43 shall be printed in full.
C. 
When any minor is arrested for violating § 22-43, the Police Department shall report, in writing, to the judge of the juvenile court of the county, the name of such minor, the date of the arrest and the name of the person upon whom the notice provided for in this section was served, and shall enter a record thereof in the office of the Police Department.
[P&L Code § PL306]
Whenever a minor is arrested a second time for violation of § 22-43, it shall be the duty of the Police Department to seek a petition against such minor in the juvenile court, and further, to seek a warrant for any parent, guardian or other person having legal custody of such minor.
[Amended 5-15-1978 by Ord. No. 1133; 7-18-2022 by Ord. No. 2051]
A. 
It shall be unlawful for any person to commit an act of vandalism within the City of Kalamazoo.
B. 
"Vandalism" shall mean the intentional destruction, damage, or defacement of any public or private property, real or personal, without the consent of the owner or person having lawful custody of said property. The said offense shall include, but not be limited to, actions taken by cutting, tearing, breaking, marking, painting, or drawing when such actions have the effect of destroying, damaging, or defacing said property.
C. 
Penalty for vandalism.
(1) 
First offense. Any person found guilty of committing vandalism shall be punished by a fine not less than $10 nor more than $500 and/or 90 days in jail, for the first offense.
(2) 
Second and subsequent offenses. Any person found guilty of committing vandalism for the second time, or any subsequent time thereafter, within any two-year period, shall be fined not less than $100 nor more than $500, and shall be incarcerated in the City or county jail for a period of not less than two nor more than 90 days.
(3) 
Restitution. In addition to or in lieu of the fine and/or incarceration provided in Subsection C(1) and (2) above, any person found guilty of committing vandalism may be ordered by the court to make prompt restitution to the owner or person having lawful custody of said damaged property, by monetary payment or property repairs.
[1]
Editor's Note: Former §§ 22-47, Penalty for vandalism, as amended; and 22-49, Removal of newspapers placed for pickup by City, as amended, were repealed 7-18-2022 by Ord. No. 2051. Section 22-48 was an existing reserved section.
[Amended 4-13-1981 by Ord. No. 1222]
Any person or persons who shall make, or assist in making, any noise, disturbance, trouble, disorderly conduct, or do any other act which disturbs the peace shall be guilty of a misdemeanor.
[Amended 4-13-1981 by Ord. No. 1222]
A. 
When any fire, accident, explosion, parade, calamity, public disturbance or other occasion causes or may cause persons to collect on the public streets, sidewalks or other areas of the City, the chief of public safety or officer acting for him may establish a police line or zone as may be necessary for the purpose of affording a clearing for:
(1) 
The protection of persons and property;
(2) 
Police officers, firemen, or public safety officers, and emergency medical personnel; and other personnel performing operations in accordance with their duties;
(3) 
The exclusion of the public from the vicinity of a fire, accident, explosion, calamity, other emergency or public disturbances;
(4) 
The passage of a parade;
(5) 
The movement of traffic.
B. 
Any person who shall knowingly cross any such line, knowingly enter into any such zone, or remain in any such zone after being requested to leave, shall be guilty of a misdemeanor. Provided, that bona fide and properly identified representatives of the press and media, residents of said zone, and such other persons as the chief of public safety or officer acting for him may authorize to cross such lines or be within such zone, may be permitted to cross such lines or enter into such zone, and may remain in such zone so long as they will not and do not interfere with emergency personnel performing their duties.
C. 
Every person present within such zone shall comply with any necessary order or instruction of any police officer and any person who refuses to comply with the necessary order of a police officer shall be guilty of a misdemeanor.
[Amended 10-28-1985 by Ord. No. 1363]
Any person who shall in any manner disguise himself or herself, or provide a false or fictitious name to a police officer or public safety officer, with intent to obstruct said officer in the performance of his or her duty, or with intent to intimidate, hinder or interrupt any police officer or public safety officer or any other person in the lawful performance of their duty or the exercise of any rights under the constitution and laws of this state or the ordinances of the City of Kalamazoo, whether such intent be effected or not, shall be guilty of a misdemeanor.
[Amended 2-1-1988 by Ord. No. 1430]
A. 
As used in this section, the following terms shall be defined as follows:
ALARM SYSTEM
A device or assembly of equipment or devices designed or arranged to signal the presence or existence of a hazard requiring urgent attention of public safety personnel. These systems include intrusion alarms, robbery alarms, fire alarms, medical emergency alarms and any other alarm which requires an emergency response by public safety personnel. Alarm systems monitoring temperature or humidity or which do not require any Department of Public Safety response whatsoever are excluded from this section.
ALARM USER
Any person who owns, possesses, controls or otherwise exercises dominion over a premises or property, or who regularly supervises the operation of any business thereon, on or in regard to which premises or property an alarm system is maintained, except for alarm systems within or on vehicles. But if an alarm system in or on a vehicle is connected, either by wire, signal or other means with an alarm system in or on other property, the person using such vehicle alarm system is an alarm user. A person owns or controls property if he is the grantee under a deed, purchaser under a land contract or a tenant.
FALSE ALARM
The activation of an alarm system resulting in a signal or call being received by the Kalamazoo Department of Public Safety when there is no immediate substantial threat to life, safety or property requiring their urgent attention in, on or at the property in regard to which the signal or call was sent.
PERSON
A natural person or a firm, organization, association, partnership or corporation.
B. 
The alarm user shall be responsible under Subsection C below for all false alarms sent because of the activation of an alarm system in, on or in regard to his property, or because of the action or statement of any of his agents or employees if such action or statement was likely to result in the sending of an alarm; except when the agent or employee making the statement, taking the action or sending the alarm does so with the specific intention of sending a false alarm or causing one to be sent, or does so without caring whether the alarm is false.
C. 
The fifth or subsequent false alarm occurring within the calendar year, and every false alarm thereafter from or in regard to the same premises or property, shall result in the alarm user being assessed a service fee. Fire and nonfire false alarms shall be counted separately. The service fee for false alarms, other than a false fire alarm, will be $50. The service fee for false fire alarms will be $100 for all locations. This subsection shall apply only to alarm users. The service fee may be waived by the chief of public safety or his designee in those cases of development of false alarm conditions not reasonably attributable to the alarm user or the alarm user's equipment.
D. 
Knowingly sending a false alarm or causing it to be sent, or sending a false alarm without caring whether or not it is false, shall be a misdemeanor punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or both.
E. 
Neither a proceeding nor the result thereof under this section shall waive, preclude or be a precondition of the City exercising, enforcing or invoking any other right of which the City might otherwise avail itself.
F. 
If any fee rendered pursuant to Subsection C shall remain due and unpaid for a period of 30 days after the bill is mailed, it shall thereafter accrue interest at the rate of 6% per year from the date of the false alarm to which the bill applies. The City may collect the amounts owed by suit at law or may assess the same against the property. Such assessment shall constitute a lien upon the property and may be billed and collected as part of the tax applicable to the property.
[Amended 10-17-1988 by Ord. No. 1448]
A. 
It shall be unlawful for any person, student or otherwise to possess or carry any weapon, as defined herein, within any school or other educational facility, or on the grounds thereof.
B. 
"Weapon," for the purposes of this section, includes, but is not limited to, any knife or other cutting, stabbing or slashing instrument, blackjack, metallic knuckles, bludgeon, club, chain, gas-ejecting devices, explosives, fireworks, whether legal or otherwise, martial arts weapon, or any firearm, including any pistol, revolver, rifle, shotgun, slingshot, airgun, zip gun, flaregun, pellet gun, BB gun or the like. "Weapon" shall also include any belt, comb, file, compass or other object if adapted as a weapon and/or if used in a threatening or assaultive manner.
C. 
This section shall not apply to a sworn police officer or public safety officer, or to any person otherwise authorized by law to carry any such weapon otherwise prohibited by this section.
[1]
Editor's Note: Former § 22-56, Loitering in places where controlled substances or drug paraphernalia are sold, dispensed, as amended, was repealed 6-3-2019 by Ord. No. 1991.
[Amended 10-21-1991 by Ord. No. 1518; 12-21-2020 by Ord. No. 2020; 7-18-2022 by Ord. No. 2051
Except as provided for in § 33-25, no person shall consume or possess any uncapped, open container of any alcoholic liquor, as that term is defined in the Michigan Liquor Control Commission Act, on the public streets, parkways, or sidewalks of the City, or in any other place open to the general public, including any store or establishment doing business with the public not licensed to serve alcoholic beverages; provided, however, that alcoholic liquor may be sold, possessed and/or consumed during the period of a special license with the specific approval and in conformance with the conditions of such approval and the condition of a special license granted by the Michigan Liquor Control Commission.
[Amended 12-2-1991 by Ord. No. 1520]
A. 
No person shall, in any public place, any motor vehicle, or place open to the public, possess or have in his or her control any of the following items or their substantial equivalent: a blackjack, a sandclub or sandbag, brass or metal knuckles, nunchucks, a machete, stiletto, or bayonet. Any weapon possessed in violation of this section shall be seized and retained by the Department of Public Safety. This section shall not apply to peace officers or other persons authorized by law to carry such weapons.
[Amended 7-18-2022 by Ord. No. 2051]
B. 
It shall be unlawful for any person to use or brandish a club, bat, cane, knife, or similar object, in a manner and/or under circumstances that either manifest intent to cause harm or intimidate another person, or that would cause a reasonable person to fear for his or her safety.
[1]
Editor's Note: Former § 22-59, Off-road vehicles, as amended 10-21-1991 by Ord. No. 1519, was repealed 7-19-2021 by Ord. No. 2035.
[Amended 3-1-1993 by Ord. No. 1551; 7-18-2022 by Ord. No. 2051
A. 
Except as otherwise provided in this section, a person shall not leave a loaded firearm, or an unloaded firearm in close proximity to ammunition for that firearm, in any location where the person knows, or reasonably should know, that a minor may gain access to the firearm.
B. 
This section shall not apply where:
(1) 
A minor's access to a firearm is supervised by a person 18 years of age or older;
(2) 
A firearm is in a locked gun cabinet or similar locked location, or is secured with a trigger lock or other similar device which prevents the firearm from discharging ammunition;
(3) 
A minor's access to a firearm was obtained as a result of an unlawful entry to the premises.
C. 
Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $500 or imprisonment for 90 days, or both.
[Amended 4-21-1997 by Ord. No. 1635]
A. 
It shall be unlawful for any person to smoke or carry any lighted cigarette, cigar, or pipe in any place in any parking ramp or parking structure owned by the City of Kalamazoo. This section shall not apply to smoking in a motor vehicle in which all windows and doors are fully closed.
B. 
A person violating the provisions of this section shall be responsible for a municipal civil infraction.
[Amended 7-18-2022 by Ord. No. 2051]
[Added 9-6-2005 by Ord. No. 1791; amended 7-18-2022 by Ord. No. 2051]
A. 
It shall be unlawful to brandish a facsimile firearm in the City of Kalamazoo.
B. 
It shall be unlawful to refuse to relinquish a facsimile firearm upon request of a police officer or public safety officer.
C. 
A person who violates this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
[1]
Editor’s Note: Former § 22-64, Social gathering regulation and responsibility, added 11-2-2009 by Ord. No. 1861, was repealed 7-18-2022 by Ord. No. 2051
[Added 3-18-2013 by Ord. No. 1907]
A. 
It shall be unlawful for any person to enter a motor vehicle unless the person:
(1) 
Is the owner or lessee of the vehicle, or has some other contractual interest in the vehicle that would entitle the person to enter the vehicle;
(2) 
Is the owner or lessee of the real property upon which the vehicle is located; or
(3) 
Has permission to enter from an owner, a lessee, or an authorized operator of the motor vehicle, or the owner or lessee of the real property upon which the vehicle is located.
B. 
This section shall not apply to:
(1) 
A law enforcement officer acting within the scope of the officer's duties.
(2) 
A motor vehicle that is lawfully being moved because it is abandoned, inoperable, or improperly parked.
(3) 
An employee or agent of an entity that possesses a valid lien on a motor vehicle and who is expressly authorized by the lien holder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.
C. 
As used in this section:
ENTER
Includes, but is not limited to, opening a door, trunk or hood of a vehicle, or inserting any part of one’s body, or any object connected with the body, into a vehicle, which act shall include breaking the plane of an opened door, window, trunk or engine area.
MOTOR VEHICLE or VEHICLE
Any vehicle that falls within the definition of "motor vehicle" in the state’s Michigan Vehicle Code.
[Added 7-18-2022 by Ord. No. 2051]
Unless specifically provided otherwise, the penalty for a municipal civil infraction in this chapter shall be as follows:
A. 
A fine of up to $200 for each violation.
B. 
An increased civil fine of not less than $200 but not more than $500 may be imposed for a second or subsequent violation committed by a person within any twelve-month period and for which the person admits responsibility or is determined to be responsible.