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§ 21-39 Vacant blighted structure status change.
The City may alter the tier status of a vacant blighted structure under the following circumstances: A. Tier One to Tier Two: if all exterior deficiencies and/or violations are corrected with uncorrected interior violations remaining. B. Removal from Tier One: if all interior and exterior deficiencies and/or violations are corrected. C. Removal from Tier Two: if all interior deficiencies and/or violations are corrected. D. Reclassification to Tier One: If the exterior of a vacant blighted structure that was reclassified from Tier One to Tier Two again falls into disrepair, the structure shall be reclassified to Tier One. E. In order for a change of status to be effective, the work performed on a vacant blighted structure must have the approval of the appr...
§ 21-40 Violation; penalty.
A. A person who maintains a blighted structure, vacant or occupied, is responsible for a municipal civil infraction, the penalty for which is a minimum fine of $200 plus costs as assessed by the court. If a person commits a second or subsequent violation occurring within six months of a previous violation for the same blighted structure, the minimum fine shall double from the minimum fine set for the previous violation. B. A person who allows occupancy of a registered vacant blighted structure when violations remain uncorrected shall be guilty of a misdemeanor punishable by a fine not to exceed $500 and/or jail not to exceed 90 days, plus costs as assessed by the court.
Ch 22 Offenses and Crimes Generally
[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 — ...
§ 22-1 Attempted offenses.
[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.
§ 22-2 Procuring, aiding, etc., commission of offense.
[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.
§ 22-3 Definitions.
[Added 7-18-2022 by Ord. No. 2051 ] As used in this chapter, the following terms shall have the meanings indicated: [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.
22-3{1} AMMUNITION
AMMUNITION Any ammunition cartridge, shell or other device containing explosive or incendiary material designed and intended for use in any firearm.
22-3{2} BRANDISH
BRANDISH To deliberately point, waive about, or display a firearm in a threatening manner with the intent to induce fear in another individual.
22-3{3} CONTROLLED SUBSTANCE
CONTROLLED SUBSTANCE Defined as it is in the Controlled Substances Act of the State of Michigan, MCLA § 333.7101 et seq., as amended.
22-3{4} DRUG PARAPHERNALIA
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.
22-3{5} FACSIMILE FIREARM
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.
22-3{6} FIREARM
FIREARM Any weapon or device which will, is designed to, or may readily be converted to, expel a projectile by action of an explosive.
22-3{7} MINOR
MINOR Any person under the age of 18.
22-3{8} PNEUMATIC GUN
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.
22-3{9} PUBLIC PLACE
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.
22-3{10} SOLICITING
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.
22-3{11} USED OR INTENDED FOR USE WITH A CONTROLLED SUBSTANCE
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.
§ 22-4 through § 22-5. (Reserved)
[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.
§ 22-6 Damaging or interfering with public property.
[P&L Code § PL716] It shall be unlawful for any person to destroy, break or in any way interfere with any street light or other public property or sign of a public agency, in the City.
§ 22-7 Trespass upon lands or premises of another.
[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.