ORDINANCE #4-2015 General Offenses

ORDINANCE #4-2015

GENERAL OFFENSES

 

SEC. 1  OFFENSES AGAINST PERSON.

No person shall:

(A) Assault or batter another person;

(B) Willfully molest, annoy, threaten, or frighten

another person;

(C) Recklessly endanger the life, health, or wellbeing

of another person.

DOMESTIC ASSAULTS

SEC. 2  WARRANTLESS ARREST.

A peace officer may arrest an individual for violating Section 81 or 81a of the Michigan Penal Code (Act 328 of the Public Acts of 1931, as amended), being MCL §§ 750.81 and 750.81a, and the local ordinance substantially corresponding to MCL § 750.81, regard-less of whether the peace officer has a warrant or whether the violation was committed in his or her presence, if the peace officer has reasonable cause to believe both of the following:

(A) That the violation occurred or is occurring.

(B) That the individual has had a child in common with the victim, resides or has resided in the same household as the victim, is a spouse or former spouse of the victim, or has or has had a dating relationship with the victim.

SEC 3.  OFFENSE OF DOMESTIC ASSAULT.

(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DATING RELATIONSHIP.

Frequent, intimate associations primarily characterized by the expectation of affectional involvement.

DATING RELATIONSHIP does not include a casual relationship or an ordinary fraternization between

two individuals in a business or social context.

(B) A person 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, a fine of not more than $500, or both.

SEC. 4   PROPERTY OFFENSES.

 No person shall:

(A) Trespass upon the land or premises of another.

(B) Remain upon the land or premises of another after being directed to depart by the lawful owner, tenant, or resident, or agent thereof.

(C) Prowl about the land or premises of another person in the nighttime without the permission of the owner of the  premises.

(D) Willfully or recklessly damage, destroy, mutilate, or deface the property of another person or public entity, which property includes personal property, fixtures, or structures attached to real estate, and shrubs, trees, grass, or plants.

(E) Take, conceal, or transport the property of another person or public entity with the intent to steal.

(F) Sell, transport, conceal or possess stolen property.

(G) Obtain goods, credit, money, or labor from another person by fraud, trick, or false pretense.

(1) Some acts specifically within this subsection include the following:

(a) Obtain money or credit through an automatic teller device through the unauthorized use of any   bank or credit card, or facsimile thereof:

(b) Withdraw money through an automatic teller device while knowing there were insufficient funds on deposit to cover the withdrawal; an intent or plan to deposit sufficient funds at a later time shall not be a defense to this division;

(c) Misrepresent the amount of money deposited through a night deposit or automatic teller service, regardless of whether or not said misrepresentations are followed by withdrawals.

(H) Move, damage, disconnect, or otherwise meddle or tamper with the property of another

(I) Enter the motor vehicle of another person without the permission of the owner or the owner’s agent.

(J) Fail to return the rental property of another person with the intent to deprive the other person of the ownership or use of said property. There must be some writing, receipt, or invoice which clearly states the date by which the rental property must be returned. Twenty-one days must elapse from the return date before prosecution can be commenced under this division; should 30 days elapse from the return date, it shall stand as prim a facie evidence of the intent specified above.

(K) Deposit litter upon public property, or upon the private property or another person.

(L) Knowingly deposit trash or garbage in the receptacles of another without having the permission or authority to do so. This division is not intended to prohibit the good faith disposal of small amounts of litter.

(M) Knowingly utilize a telecommunications service of any sort, including telephone or cable TV, with the intent to avoid having to pay for such service, whether by improper connections, false billings, false charges, or other artifice.

(N) Enter the house, apartment, building, garage, shed, outbuilding, barn, dwelling, shop, store, office,

warehouse, or other structure without the express or implied permission of the owner or a person with

possessory control of the premises.

(O) Possess, sell, distribute, manufacture or use marijuana, or any other narcotic or controlled substance

as defined, listed or prohibited by state statute.

(P) Manufacture, sell or distribute a substance that looks like marijuana and is manufactured, sold or distributed as marijuana, or is held out to be, or is promoted as, marijuana or any other narcotic or controlled substance as defined, listed or prohibited by Michigan statute.

(Q) Draw, paint, mark, inscribe upon or otherwise deface any structure without the permission of the owner.

SEC 5.  OFFENSES AGAINST GOVERNMENT

No person shall:

(A) Hinder, oppose, or resist any police law enforcement officer in the performance of his duties as such.

(B) Fail to step back a reasonable distance or otherwise clear the scene when directed to do so by a police officer who is questioning others, examining evidence, or otherwise investigating a felony or misdemeanor.

(C) Furnish to any police or law enforcement officer a false name, address, age, date of birth, or piece of identification containing such false information.

(D) Knowingly furnish false information to any police or law enforcement officer pertaining to an alleged criminal violation.

(E) Escape from the lawful custody of any police or law enforcement officer.

(F) Impersonate a police officer, employee, or official of the Village or other governmental entity.

(G) Loiter within or around a public building or facility after being directed to leave by a person having lawful authority or control over the facility.

(H) Create or excite a disturbance within or around a public facility, to the extent the normal use or operation of the public facility is disrupted. This division includes, without limitations, courthouses, libraries, post offices, Village Buildings, Village offices, county offices and state offices, located in the Village.

SEC. 6  BREACH OF THE PEACE OFFENSES.

No person shall:

(A) Create or engage in any disturbance, fight or quarrel in a public place or in the commons, halls, rooms, lobbies or foyers of any apartment building, dormitory or place of business.

(B) Create or engage in any disturbance, fight, quarrel or party that causes or tends to cause a breach of the peace.

(C) Knowingly permit or encourage others to engage in any disturbance, fight, quarrel or party that causes or tends to cause a breach of the peace.

(D) Disturb the public peace through loud, boisterous, profane or obscene conduct.

(E) Disturb any lawful assembly or meeting of other persons.

(F) Create, encourage, incite or engage in a riot.

(G) Peep in the windows or doors of any inhabited house, dwelling, room or other inhabited place.

(H) Urinate or defecate upon the private property of another person or in a public place or in a manner intended to display such action to others.

(I) Discharge any firearm, BB gun or pellet gun within the Village

(J) Carry or otherwise possess a firearm of .177 caliber or greater while intoxicated or while under the influence of any controlled substance.

(K) Carry or otherwise possess a concealed dangerous weapon, including firearms, knives, brass knuckles, black jacks or any other item designed primarily for the purpose of injuring other persons.

(L) Brandish, with the intent to threaten, rob or frighten another person, a fake or inoperable firearm or other dangerous weapon.

(M) Expose one’s body or the body of another person, in an indecent manner; the public exposure of a person’s genitalia or buttocks shall be prim a facie evidence of “an indecent manner.”

(N) Enter any cemetery, park, or public facility after posted hours.

(O) Enter any area of a public facility which is obviously fenced, posted, or otherwise closed to the general public.

(P) Operate a motor vehicle in a manner which disturbs the public peace by needlessly racing the engine, spinning tires, squealing tires, or blowing the horn.

(Q) Leave outside or in a place accessible to children an abandoned or unattended ice box, refrigerator, or other container with an airtight door or lock which may not be released from the inside, without first having removed or disabled the door or lock.

SEC. 7 OFFENSES ON SCHOOL GROUNDS.

No person shall:

(A) Loiter on public or private school grounds by remaining on the grounds after having been directed to leave by school personnel.

(B) Disturb the peace and good order of public or private schools by making excessive noise or creating or exciting a disturbance on or immediately adjacent to school grounds.

(C) Possess, peddle or offer for sale or distribution any controlled substance, or commodity held out to be a controlled substance, on public or private school grounds.

(D) Tamper with, remove, deface, damage, or destroy school property.

SEC. 8 RETAIL FRAUD.

A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine, plus restitution to victims and the costs of prosecution:

(A) While a store is open to the public, alters, transfers, removes and 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 if the resulting difference in price is less than $200.

(B) While a store is open to the public, steals property of the store that is offered for sale at a price less than $200.

(C) With 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 if the amount of money, or obtained is less than $200.

SEC. 9 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC NUDITY. Knowingly or intentionally displaying in a public place any individual’s genitals or anus with less than a fully opaque covering, or any female individual’s breast with less than a fully opaque covering of the nipple and areola, for payment or promise of payment.

PUBLIC PLACE. Any premises within the Village used or controlled in whole or in part for the purpose of displaying an individual’s genitals, anus, or female breast for payment or promise of payment, and which is open to the general public as a business, club, or association.

SEC. 10 PUBLIC NUDITY PROHIBITED.

(A) No person, corporation, business, club, or association shall knowingly or intentionally cause, promote, invite, employ, or encourage any person to knowingly or intentionally display in a public place for payment or promise of payment his or her genitals or anus with less than a fully opaque covering, or her female breast with less than a fully opaque covering of the nipple and areola.

(B) No person shall knowingly or intentionally display his or her genitals or anus in a public place for payment or promise of payment with less than a fully opaque covering.

(C) No female shall knowingly or intentionally display her breast in a public place for payment or promise of payment with less than a fully opaque covering of the nipple and areola. A woman’s breastfeeding of a baby does not under any circumstances constitute public nudity within the purview of this section.

(D) Violation of this section shall be a misdemeanor punishable as provided in Sec. 13 of this chapter.

SEC. 11 DISHONORED CHECKS.

 A. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADDRESS OF RECORD. The address that appears on the check or the last known address of record with the Secretary of State at the time the check was presented for payment of goods or services.

CHECK. Any check, draft, or order for the payment of money, to apply on account, or otherwise, upon any bank or other depository

DISHONORED.

(A) Any check, draft, or order drawn or written on any account, or otherwise, upon any bank or other depository, without sufficient funds for the payment of same when presentment is made to the drawee.

(B) Any check, draft, or order drawn or written on any account which has been closed with or by the bank or other depository upon which it is drawn.

(C) Checks drawn without sufficient funds.

      (1)No person shall with intent to defraud, make, draw, utter, or deliver any check knowing at

the time of the making, drawing, uttering, or delivering that the maker or drawer does not have

sufficient funds in or credit with the bank or other depository for the payment of the check in full

upon its presentation in the amount payable in such check, draft, or order.

(2) No person shall with intent to defraud make, draw, utter, or deliver any check unless the person has

sufficient funds for payment for same when presentment is made to the drawee, except where the

lack of funds is due to garnishment, attachment, levy, or other lawful cause and such fact was not

known to the person who made, drew, uttered, or delivered the instrument.

(3) As against the maker or drawer thereof, the making, drawing, uttering, or delivering of a check 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 bank fees, within five business days after receiving notice by first class

mail at the address of record that such check, draft, or order has not been paid by the drawee.

(4) Where such dishonored check is protested, the notice of protest thereof shall be admissible as proof

of presentment, nonpayment, and protest and shall be prima facie evidence of intent to defraud and

knowledge of insufficient funds or credit with such bank or other depository.

(5) Any person convicted of violating this section shall be subject to a maximum penalty of 93 days in jail or an equal amount of time of community service, plus a fine of not more than $500.00, plus actual costs of prosecution and mandatory restitution to victims

SEC. 12 VIOLATIONS.

(A) Attempt to commit prohibited act. Any person who attempts to commit any act prohibited in this chapter shall be subject to prosecution for said act as if it were completed upon proof of the requisite intent and some substantial overt acts in furtherance of that intent. The maximum penalty for a conviction of an attempt shall be one-half of the maximum of that set for the completed act, except restitution to a victim shall be fully assessed.

(B) Aiders and abettors. Any person who aids, abets, procures, commands, assists, or conspires in the commission of any act prohibited in this chapter shall be subject to prosecution, conviction, and punishment as a principal.

SEC. 13 PENALTY.

(A)Except for those offenses for which a specific penalty is otherwise provided, any person convicted under this chapter shall be subject to a maximum penalty of 90 days in jail, or an equal amount of community service, or any combination thereof not exceeding 90 days, plus $500 fine, plus actual costs of prosecution, plus mandatory restitution to victims.

(B) The penalty for the following enumerated violations shall be a maximum of 93 days in jail or an equal amount of community service, or any combination thereof not exceeding 93 days, plus a fine of not more than $500, plus actual costs of prosecution and mandatory restitution to victims:

(1)Section 1 (A), assault or battery;

(2) Section 8, retail fraud;

(3) Section 11, dishonored checks;

(4) Section 3, domestic assault.

SEC. 14 DEFINITIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC LIQUOR or ALCOHOLIC BEVERAGE.

Any spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing ½% or more of alcohol by volume, fit for beverage purposes.

INTOXICATED CONDITION. Any person who is intoxicated, as defined in Lefler vs. Fisher, 121 Michigan, Pages 60-63.

LICENSED PREMISES.

The premises described in the license granted to a person and under which he sells alcoholic liquor and beverages.

LICENSEE.

Those persons licensed by state or Village authority to sell alcoholic liquors or beverages for both consumption on and off the premises.

SEC. 15 SUNDAY SALES.

A licensee shall be permitted to sell at retail, give away or furnish any alcoholic liquor on any Sunday, for consumption on licensed premises in the Village.

SEC. 16 SALES; REGULATIONS.

(A)No licensee shall sell any alcoholic liquors or beverages between the hours of 2:00 a.m. and 7:00 a.m. on any day, except when different hours are designated by the Michigan Liquor Control Commission.

(B) No licensee shall sell any alcoholic liquor or beverage except for cash.

(C)No licensee shall sell, give or furnish alcoholic liquors or beverages to any person in an intoxicated

condition.

 

SEC. 17 CONSUMPTION ON STREET OR PARKING LOT.

It shall be unlawful to consume any alcoholic beverage on any street, alley, sidewalk, parkway, alley or parking lot open to the public.

SEC. 18 POSSESSING OPEN ALCOHOLIC BEVERAGE.

No person shall transport or possess any alcoholic liquor in a container which is open, uncapped, or upon which the seal is broken on any street, sidewalk, parkway, alley or parking lot open to the public.

SEC. 19 PERSONS, EMPLOYEES; RESPONSIBILITY.

Any person, whether in the employ of another or in the employ of a partnership, association, corporation or self-employed, shall be subject to the provisions of this code in selling alcoholic liquor at retail, giving it away or furnishing it contrary to the provisions of this chapter.

SEC. 20 SALE TO MINORS PROHIBITED.

Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor.

SEC. 21 PURCHASE, CONSUMPTION, AND POSSESSION BY MINORS PROHIBITED.

(A) A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor,

consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor.

(B) This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor

as follows:

    1. During regular working hours and in the course of his or her employment if employed by a person licensed to sell or transport alcoholic liquor, if the alcoholic liquor is not possessed for his or her personal consumption;
    2. Consuming alcoholic liquor in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member if the purpose of the possession or consumption is solely educational and is a necessary ingredient of the course;
    3. Consuming alcoholic liquor, including sacramental wine, in connection with religious services at a church, synagogue, or temple;
    4. In an undercover operation under the direction of the person’s employer and with the prior approval of the local prosecutor’s office as part of an employer sponsored internal enforcement action;
    5. In an undercover operation under the direction of the state police, the liquor control commission, or a local police agency as part of an enforcement action.

SEC. 22 FURNISHING OR USING FRAUDULENT IDENTIFICATION.

(A) A person who furnishes fraudulent identification to a person less than 21 years of age is guilty of a misdemeanor.

(B) A person who uses fraudulent identification to purchase alcoholic liquor, or to enter a business where alcoholic liquor is sold, is guilty of a misdemeanor.

SEC. 23 AUTHORITY TO STOP; APPEARANCE TICKETS.

A sworn police officer may issue an appearance ticket for a violation of Section 22 to a person when advised by an employee of a business possessing a state liquor license that the person has presented false identification to the employee and the officer observes the false identification.

SEC. 24 NOTICE TO PARENTS OR GUARDIANS.

Upon determining that a person less than 18 years of age who is not emancipated pursuant to MCL §§ 772.1 through 772.6 allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of Section 21 and/or  Section 22 (b), the Barryton Police Department 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. The notice shall be made within 48 hours of determining that the person who allegedly violated Section 21 and/or Section 22 (b) is less than 18 years of age and not emancipated. 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. If a person less than 17 years of age is incarcerated for violating Section21 and/or Section 22(b), then his or her parents or legal guardian shall be notified immediately.

SEC. 25 LICENSE SANCTIONS.

(A) Immediately upon the entry of a conviction or a probate court disposition for a violation of Section 21 the court shall consider all prior convictions or probate court dispositions of Section 21, or any state or local law substantially corresponding to Section 21, and shall impose the sanctions set forth in this section.

(B) If the court finds that the person has one prior conviction or probate court disposition, the court shall order the Secretary of State to suspend the operator or chauffeur license of the person for a period of not less than 90 days or more than 180 days. The court may order the Secretary of State to issue to the person a restricted license after the first 30 days of the period of suspension in the manner described in MCL §§ 436.33b(6) and 257.319. In the case of a person who does not possess an operator’s or chauffeur’s license, the Secretary of State shall deny the application for an operator or chauffeur license for the applicable suspension period.

(C) If the court finds that the person has two or more such prior convictions or probate court dispositions, the court shall order the Secretary of State to suspend the operator or chauffeur license of the person for a period of not less than 180 days or more than one year. The court may order the Secretary of State to issue to the person a restricted license after the first 60 days of the period of suspension in the manner described in MCL §§ 436.33b(6) and 257.319. In the case of a person who does not possess an operator or chauffeur license, the Secretary of State shall deny the application for an operator or chauffeur license for the applicable suspension period.

SEC. 26  PRELIMINARY BREATH TESTS

A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A legal presumption shall be made by the court that the person less than 21 years of age has consumed or possessed alcoholic liquor if a preliminary chemical breath analysis or other acceptable blood alcohol test indicates the person’s blood contained .02% or more by weight of alcohol. A person less than 21 years of age that refuses to submit to a preliminary chemical breath test analysis as required in this section is responsible for a civil infraction.

SEC. 27  PENALTY.

(A) Any person violating a provision of this chapter for which no other specific penalty applies shall be subject to the penalty set forth

(B)  Any person violating section 17 or section 18 can be issued a village civil infraction citation.    The penalty for a Village civil infraction shall be a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(C) (1) A retail licensee or a retail licensee’s clerk who violates Section 20 shall be guilty of a misdemeanor punishable by jail of not more than 90 days and a fine of not more than $500, dollars, or both.

      (2) A person who violates Section 20 and who is not a retail licensee or a retail licensee’s clerk, agent,

or employee shall be fined 1,000 and may be sentenced to imprisonment for up to 60 days for a first

offense, and shall be sentenced to imprisonment for up to 90 days for a second or subsequent offense,

and may be ordered to perform community service.

 

(D) A person who violates Section 21 shall be guilty of a misdemeanor punishable as follows:

 

  1. For the first violation, a fine of not more than $100, plus community service and substance abuse screening and assessment at his or her own expense.
  2. For a second violation, a fine of not more than $200 dollars, plus substance abuse prevention or substance abuse treatment and rehabilitation services as defined in MCL 333.6107, and community service, and substance abuse screening and assessment at his or her own expense, and sanctions against his or her operator or chauffeur license as provided below.
  3. For a third or subsequent violation, a fine of not more than $500 dollars, plus substance abuse prevention or substance abuse treatment and rehabilitation services as defined in MCL 333.6107, and community service, and substance abuse screening and assessment at his or her own expense, and sanctions against his or her operator or chauffeur license as provided below.

(E) (1) A person who violates Section 22 shall be guilty of a misdemeanor punishable by jail of not

more than 90 days and a fine of not more than $500 dollars, or both, and community service.

(2) The court shall order the Secretary of State to suspend, pursuant to MCL § 257.3190, for a

period of 90 days the operator or chauffeur license of a person who is convicted of furnishing or

using fraudulent identification in violation of Section 22(A) or Section 22(b). The court

immediately shall forward the surrendered license and an abstract of conviction to the Secretary of

State. A suspension ordered under this division (D)(2) shall be in addition to any other suspension

of the person’s operator or chauffeur license.

Section 28:  SEVERABILITY

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Section 29: Notice to be Published

The Village clerk shall publish this ordinance in the manner required by law.

 

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

 

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

 

Yeas__5_____ Nays____0_______             Ordinance declared: Adopted

 

Published April 17, 2015     Effective Date May 8, 2015

 

 

__Deb Buehner____________                                            _____Jennifer Trelfa_______

Village President                                                                                    Village Clerk