City Ordinance Chapter 054 - Offenses and Miscellaneous Provisions

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                                                         Chapter 54

                        OFFENSES AND MISCELLANEOUS PROVISIONS*

                                                    Article I.    In General
                    Sec. 54-1.    Illegal occupation or business—Prohibited; penalty.
                    Sec. 54-2.    Same—Loitering.
                    Sec. 54-3.    Collecting on streets for unlawful purpose.
                    Sec. 54-4.    Spitting in public.
                    Sec. 54-5.    False reporting of fires.
                    Secs. 54-6—54-30. Reserved.


                                   Article II.     Offenses Involving Property Rights
                    Sec. 54-31.   Theft of cable television services; defrauding persons of charges;
                                  damaging, tampering with or removing cable television equip-
                                  ment or willfully interrupting services.
                    Sec. 54-32.   Damaging, removing or defacing public property; generally.
                    Sec. 54-33.   Damaging buildings.
                    Sec. 54-34.   Obscenities on buildings, walls, fences, etc.
                    Sec. 54-35.   Trespass.
                    Sec. 54-36.   Illegal entry into a motor vehicle.
                    Secs. 54-37—54-60. Reserved.


                                    Article III.    Offenses Involving Public Safety
                    Sec. 54-61.   Use of weapons.
                    Sec. 54-62.   Placing unwholesome substances in public fountains; improper
                                  use of water.
                    Sec. 54-63.   Abandoned refrigerators and similar containers.
                    Sec. 54-64.   Assault and battery; breach of peace.
                    Secs. 54-65—54-90. Reserved.


                             Article IV.    Offenses Involving Public Peace and Order
                    Sec. 54-91.   Public intoxication.
                    Sec. 54-92.   Disturbing lawful assemblies.
                    Sec. 54-93.   Window peeping.
                    Sec. 54-94.   Jostling; roughly crowding.
                    Sec. 54-95.   Fighting.
                    Sec. 54-96.   Prowling.
                    Sec. 54-97.   Loitering.
                    Sec. 54-98.   Disorderly houses.
                    Sec. 54-99.   Keeping a place of prostitution.
                    Sec. 54-100.  Obscene conduct.
                    Sec. 54-101.  Disorderly conduct.
                    Secs. 54-102—54-120. Reserved.


                                    Article V.     Offenses Involving Public Morals


                                                    Division 1.    Generally
                    Sec. 54-121.     Drug implements.
                    Sec. 54-122.     Loitering in places where liquor is sold without license.

  *State law reference—Michigan Penal Code, MCL 750.1 et seq.



Supp. No. 13                                               CD54:1
                                              MUSKEGON CITY CODE



               Secs. 54-123—54-140. Reserved.


                                   Division 2.    Prostitution and Related Offenses
               Sec. 54-141.   Prostitution prohibited.
               Sec. 54-142.   Solicitation.
               Sec. 54-143.   Loitering in place of prostitution.
               Sec. 54-144.   Keeping house of prostitution.
               Secs. 54-145, 54-146. Reserved.


                        Division 3.    Controlled Substances and Prostitution Nuisances
               Sec.   54-147.Definitions.
               Sec.   54-148.Penalty.
               Sec.   54-149.Findings with respect to drug use and prostitution.
               Sec.   54-150.Declaration of public nuisance.
               Sec.   54-151.Abatement of nuisance and costs; posting; recording and listing
                             of public nuisances.
               Sec. 54-152.  Presumption of public nuisance—Drugs or drug paraphernalia.
               Sec. 54-153.  Same—Prostitution.
               Sec. 54-154.  Appeal.
               Sec. 54-155.  Notification to the property owner.
               Sec. 54-156.  Entry into or use of property ordered vacated; occupancy
                             prohibited.
               Secs. 54-157—54-160. Reserved.


                                                 Division 4.   Gambling
               Sec. 54-161.  Gambling.
               Sec. 54-162.  Frequenting gaming places.
               Secs. 54-163—54-180. Reserved.


                                                 Division 5.   Model Glue
               Sec. 54-181.  Definition.
               Sec. 54-182.  Penalty for violations of division.
               Sec. 54-183.  Inhalation of fumes.
               Sec. 54-184.  Purchase or possession by minors.
               Sec. 54-185.  Sale or transfer of possession to minors.
               Sec. 54-186.  Possessing, buying, selling, etc., for purpose of violating division.
               Secs. 54-187—54-210. Reserved.


                                Article VI.   Offenses Involving Public Authority
               Sec. 54-211.  Obstruction of police officer.
               Sec. 54-212.  Identification.
               Sec. 54-213.  Disobedience of lawful instruction of police officer.
               Sec. 54-214.  False impersonation of police officer.
               Secs. 54-215—54-240. Reserved.


                                    Article VII.     Offenses Involving Minors


                                                 Division 1.   Generally
               Sec. 54-241.  Curfew for underage persons.
               Sec. 54-242.  Purchase, consumption or possession of tobacco products by
                             minors; furnishing tobacco products to minors.
               Secs. 54-243—54-260. Reserved.



Supp. No. 13                                            CD54:2
                                OFFENSES AND MISCELLANEOUS PROVISIONS



                                         Division 2.   Alcoholic Liquors
               Sec. 54-261.  Children in places where liquor is sold.
               Sec. 54-262.  Selling, furnishing; notice.
               Sec. 54-263.  Purchase or consumption of alcoholic liquors by persons under
                             21.
               Sec. 54-264.  Enforcement by authorized officers.
               Secs. 54-265—54-280. Reserved.


                                      Division 3.   Parental Responsibility
               Sec.   54-281.    Definitions.
               Sec.   54-282.    Finding of fact.
               Sec.   54-283.    Penalty for violation of division.
               Sec.   54-284.    Notice to parent when minor arrested.
               Sec.   54-285.    Parental neglect—Prohibited.
               Sec.   54-286.    Same—Presumptions and required proof.




Supp. No. 13                                        CD54:3
                                OFFENSES AND MISCELLANEOUS PROVISIONS                                      § 54-31



          ARTICLE I. IN GENERAL                           throat, mouth or nose. Any person who violates
                                                          any provision of this section shall be responsible
Sec. 54-1. Illegal occupation or business—                for a municipal civil infraction.
           Prohibited; penalty.                           (Code 1975, § 12-4; Code 2002, § 54-4)

   No person shall engage in an illegal occupa-           Sec. 54-5. False reporting of fires.
tion or business.
(Code 1975, § 12-10(a)(3), (b); Code 2002, § 54-1)           Any person who falsely reports the existence
   State law     reference—Similar   provisions,   MCL    of a fire by any method, including, but not
750.167(1)(d).                                            limited to, the use of a fire alarm system,
                                                          telephone, word of mouth, radio transmission,
Sec. 54-2. Same—Loitering.                                electronic mail or any other method of reporting
                                                          a fire, shall be guilty of a misdemeanor.
   (a) A person who knowingly and willfully               (Code 1975, § 12-28; Code 2002, § 54-6)
loiters in and about a place where an illegal                 State law reference—False fire alarms, MCL 750.240.
occupation or business (as prohibited by ordinance
and state statute) is being conducted shall be            Secs. 54-6—54-30. Reserved.
guilty of a misdemeanor.

   (b) The term to knowingly and willfully loiter,          ARTICLE II. OFFENSES INVOLVING
as used in this section, is hereby defined as to                    PROPERTY RIGHTS
linger idly, to stand or recline in one place or to
move slowly about with full knowledge of such             Sec. 54-31. Theft of cable television services;
prohibited activity or occupation and with intent                     defrauding persons of charges;
to engage or participate in any of such prohibited                    damaging, tampering with or
acts or occupations.                                                  removing cable television equip-
(Code 1975, § 12-10(a)(8), (b); Code 2002, § 54-2)                    ment or willfully interrupting
   State law     reference—Similar   provisions,   MCL
750.167(1)(j).
                                                                      services.

                                                             (a) The term cable television service means
Sec. 54-3. Collecting on streets for unlaw-               any and all services provided by or through the
           ful purpose.                                   facilities of any cable television system or closed
                                                          circuit coaxial cable communication system, or
  All persons who shall collect in crowds upon            any microwave similar transmission service used
the streets or in the alleys for an unlawful              in connection with any cable television system or
purpose shall be deemed guilty of a misdemeanor.          other similar closed circuit coaxial cable com-
(Code 1975, § 18-7; Code 2002, § 54-3)                    munication system.
  State law reference—Disorderly persons, MCL 750.167.
                                                             (b) Any person who, with the intent to avoid
Sec. 54-4. Spitting in public.                            payment by himself or another person or with
                                                          the intent to defraud another person of the
   No person shall spit, expectorate or in any            lawful charge for any cable television service,
manner deposit upon any sidewalk, or the walks            obtains or attempts to obtain such service for
in any park, or on the floor, walls or furniture of       himself or another person, or avoids or attempts
any public room, library, office, theatre, hall,          to avoid payment by himself or another person,
opera house, school building, church, hospital,           by means of making or using, or attempting to
public building, depot, passenger waiting room,           make or use, unauthorized connections, whether
or in any passageway in and out of such build-            physically, electrically, acoustically, inductively
ings or any of such places, or in any public              or otherwise, or without authority or permission,
conveyance, any phlegm, saliva, spittle, substance,       attaches or attempts to attach any device to any
sputum, excretion or discharge from the lungs,            cable, wire, microwave or other component of a


Supp. No. 8                                          CD54:5
§ 54-31                                    MUSKEGON CITY CODE



cable television system duly licensed by this city        (b) No person shall deface or otherwise damage
commission, or to a television set, shall be           signs erected in public parks, playgrounds, ponds
responsible for a municipal civil infraction.          and other public places for the regulation of the
                                                       use of such areas.
   (c) Any person who sells, rents, lends, offers
or advertises for sale, rental or use, any instru-        (c) Any person convicted of violating this sec-
ment, apparatus, equipment, device, or plans,
                                                       tion shall be responsible for a municipal civil
specifications or instructions for making or
                                                       infraction.
assembling such device, for the purpose of making
                                                       (Code 1975, § 12-38; Code 2002, § 54-32)
a fraudulent, unauthorized, or nonpermitted con-
                                                           State law reference—Malicious mischief, MCL 750.377a
nection to a cable television system duly licensed     et seq.
by this city commission in violation of subsection
(b) of this section shall be responsible for a
municipal civil infraction.                            Sec. 54-33. Damaging buildings.

   (d) Any person who, without the consent of            Any person who shall, with sticks, stones or in
the owner, willfully tampers with, removes or          any manner, willfully break or injure any window,
damages any cable, wire, microwave or other            door or other part of any building, whether such
component of a cable television system duly            building is occupied or not, shall be guilty of a
licensed by this city commission, or willfully         misdemeanor.
interrupts the service of such a licensed cable        (Code 1975, § 12-39; Code 2002, § 54-33)
television system without the consent or permis-           State law reference—Malicious mischief, MCL 750.377a
sion of the owner shall be responsible for a           et seq.
municipal civil infraction.
(Code 1975, § 12-27; Code 2002, § 54-31)
                                                       Sec. 54-34. Obscenities on buildings, walls,
   State law references—Theft of cable services, MCL
750.219a; devices used to defraud telecommunication                fences, etc.
companies, MCL 750.540c.
                                                          (a) No person shall write, print, paint, cut,
Sec. 54-32. Damaging, removing or defac-               mark or design on any wall of any room, building
            ing public property; generally.            or hall, or on any fence, walk or other structure
                                                       of any kind, or in any public place in the city, any
  (a) No person shall destroy, damage, deface or       indiscreet, vile or obscene language, words,
remove any:                                            pictures or representations.
   (1)    Barrier erected to protect any excavation       (b) It is hereby made the duty of all police
          or obstruction in any street, alley or       officers, whenever they shall have knowledge of
          public place, or any light placed as a
                                                       any violation of this section, to notify the owner,
          warning of such excavation or obstruc-
                                                       occupant or person having control of the premises
          tion;
                                                       where such language, word, picture or representa-
   (2)    Street sign placed to designate the name     tion may be to remove such language, word,
          of the street, avenue, court or place;       picture or representation. It shall be unlawful
                                                       for any person so notified to fail or refuse to
   (3)    Streetlamp, light post, pole or any of the   remove such language, word, picture or
          parts or attachments thereto, or any         representation within 24 hours after receipt of
          telephone or telegraph pole, or any wire     such notice.
          or appliances thereof;

   (4)    Device erected by the authority of the          (c) Any person who violates any provision of
          city; or                                     this section shall, upon conviction, be guilty of a
                                                       misdemeanor.
   (5)    Public property.                             (Code 1975, §§ 12-15, 12-26; Code 2002, § 54-34)


Supp. No. 8                                       CD54:6
                               OFFENSES AND MISCELLANEOUS PROVISIONS                                  § 54-36



Sec. 54-35. Trespass.                                   (e) Any person convicted of a violation of this
                                                      section shall be guilty of a misdemeanor punish-
   (a) It shall be unlawful for any person to         able by imprisonment in the county jail for not
willfully enter upon the lands or premises of         more than 30 days or by a fine of not more than
another, whether publicly or privately owned,         $250.00, or both.
without lawful authority, after having been forbid-   (Code 1975, § 12-40; Code 2002, § 54-35; Ord. No.
den to do so by the owner or occupant, or the         2410, 5-28-2019)
agent or servant of the owner or occupant, or for         State law reference—Trespass, MCL 750.546 et seq.
any person, being on the land or premises of
another, whether publicly or privately owned,         Sec. 54-36. Illegal entry into a motor
upon being notified to depart therefrom by the                    vehicle.
owner or occupant, or the agent or servant of
either, to without lawful authority neglect or          a. It shall be unlawful for any person to enter
refuse to depart therefrom; and all police and        a motor vehicle unless the person:
other peace officers are hereby authorized to             1.   Is the owner or lessee of the vehicle, or
arrest any person detected by them in such                     has some other contractual interest in
unlawful act and to detain such person in custody              the vehicle that would entitle the person
until the proper complaint can be made against                 to enter the vehicle; or
such person.
                                                          2.   Is the owner or lessee of the real property
   (b) It shall be unlawful for any person to                  upon which the vehicle is located.
commit any trespass, as defined in subsection (a)
                                                          b. This section shall not apply to:
of this section, in or upon any land or buildings
owned, occupied or otherwise used by a school             1.   A law enforcement officer acting within
within the city, and all persons not having                    the scope of the officer's duties.
legitimate business in and around the schools
                                                          2.   A motor vehicle that is lawfully being
located in the city shall be presumed to be
                                                               moved because it is abandoned, inoper-
trespassing within the meaning of subsection (a)
                                                               able, or improperly parked.
of this section; and all police and other peace
officers are hereby authorized to arrest such             3.   An employee or agent of an entity that
persons.                                                       possesses a valid lien on a motor vehicle
                                                               and who is expressly authorized by the
   (c) No person not a student or employee of                  lien holder to repossess the motor vehicle
any school located in the city, or parent or                   based upon the failure of the owner or
guardian of any student enrolled therein, shall                lessee of the motor vehicle to abide by the
remain within any school during normal school                  terms and conditions of the loan or lease
hours without securing the written permission of               agreement.
the principal or person in charge of such school.
The term "student," as used in this subsection, is        4.   An individual who has permission to
hereby defined as any person of school age and                 enter from an owner, a lessee, or an
properly enrolled in the school at which he then               authorized operator of the motor vehicle,
is present.                                                    or the owner or lessee of the real property
                                                               upon which the vehicle is located.
   (d) No person not a student, as defined in
                                                          c. As used in this section:
subsection (c) of this section, or employee of any
school located in the city, or parent or guardian            Enter includes, but is not limited to, open-
of any student enrolled therein, shall remain on          ing a door, trunk or hood of a vehicle, or
any lands owned, occupied or use by any school            inserting any part of one's body, or any object
within the city and adjacent to a school, without         connected with the body, into a vehicle, which
securing written permission of the principal or           act shall include breaking the plane of an
person in charge of such school.                          opened door, window, trunk or engine area.


Supp. No. 13                                     CD54:7
§ 54-36                                     MUSKEGON CITY CODE



      Motor vehicle or vehicle means any vehicle           (d) Any person violating any provision of this
   that falls within the definition of "motor vehicle"   section shall, upon conviction, be guilty of a
   in the state's Michigan Vehicle Code.                 misdemeanor.
                                                         (Code 1975, § 12-5; Code 2002, § 54-61)
  d. Any person convicted of a violation of this             State law reference—Authority to prohibit discharge of
                                                         firearms preserved, MCL 123.1104.
section shall be guilty of a misdemeanor punish-
able by imprisonment in the county jail for not
                                                         Sec. 54-62. Placing unwholesome
more than 90 days or by a fine of not more than
                                                                     substances in public fountains;
$500.00.                                                             improper use of water.
(Ord. No. 2481, § 1, 5-23-2023)
                                                            No person shall place or cause to be placed
                                                         any unclean, impure or unwholesome substance
Secs. 54-37—54-60. Reserved.                             in the watering or drinking fountain nor shall
                                                         any person take from any such fountain any
                                                         water for building purposes or for any purpose
   ARTICLE III. OFFENSES INVOLVING                       whatever, except to furnish drink to persons and
            PUBLIC SAFETY                                stock. Any person who violates the provisions of
                                                         this section shall, upon conviction, be guilty of a
                                                         misdemeanor.
Sec. 54-61. Use of weapons.
                                                         (Code 1975, § 12-2; Code 2002, § 54-62)
   (a) No person shall use any revolver, pistol,
                                                         Sec. 54-63. Abandoned refrigerators and
rifle, shotgun, air gun, spring gun, sling shot or                   similar containers.
other implement or weapon designed for shoot-
ing, hurling or throwing missiles of any kind               (a) No person shall leave or suffer to remain
within the city.                                         outside of any building in a place accessible to
                                                         children any abandoned, unattended or discarded
   (b) No person occupying or having control of          icebox, refrigerator or container of any kind
any house, building, lot, yard or premises of any        which has an air-tight door or lock which may
character within the city shall permit in or about       not be released from the inside of such icebox,
such house, building, lot, yard or premises the          refrigerator or container, unless the door or lock
use of any of the weapons or implements                  is first removed therefrom.
mentioned in subsection (a) of this section;                (b) Any person who violates any provision of
provided that the use of appropriate lands, places       this section shall, upon conviction, be guilty of a
or premises for practice in the use of such              misdemeanor. Each day such violation is commit-
weapons or implements may be permitted, but              ted or permitted to continue shall constitute a
only after written application to and authoriza-         separate offense and shall be punishable as such
tion of the chief of police and the payment of the       under this section.
license fee required for such operation, if any.         (Code 1975, § 12-6; Code 2002, § 54-63)
Such authorization shall be given upon a show-              State law reference—Abandoned or unattended icebox
ing that public safety will not be endangered and        or refrigerator, MCL 750.493d.
that there will be compliance with all laws and
ordinances.                                              Sec. 54-64. Assault and battery; breach of
                                                                     peace.
   (c) Nothing in this section shall be construed          A person who commits any assault or assault
to prevent the police department or any other            and battery or other breach of the peace shall be
governmental agency from establishing weapons            guilty of a misdemeanor.
practice ranges at such place in the city as shall       (Code 1975, § 12-10(a)(12), (b); Code 2002, § 54-
be approved from time to time by the chief of            64)
police.                                                      State law reference—Assaults, MCL 750.81 et seq.



Supp. No. 13                                        CD54:8
                                  OFFENSES AND MISCELLANEOUS PROVISIONS   § 54-94



Secs. 54-65—54-90. Reserved.


   ARTICLE IV. OFFENSES INVOLVING
      PUBLIC PEACE AND ORDER

Sec. 54-91. Public intoxication.
   A person who is intoxicated in a public place
and who is either endangering directly the safety
of another person or of property or is acting in a
manner that causes a public disturbance shall be
guilty of a misdemeanor.
(Code 1975, § 12-10(a)(4), (b); Code 2002, § 54-
91)
   State law references—Similar provisions, MCL
750.167(1)(e); local public intoxication ordinances, MCL
330.1286.

Sec. 54-92. Disturbing lawful assemblies.
   (a) It shall be unlawful for any person to in
any manner disturb any school, meeting or
congregation lawfully assembled, whether
religious, political or otherwise.
   (b) Any person who violates any provision of
this section shall, upon conviction, be guilty of a
misdemeanor.
(Code 1975, §§ 12-22, 12-26; Code 2002, § 54-92)
  State law reference—Disturbance of religious meeting,
MCL 750.169.

Sec. 54-93. Window peeping.
   No person shall look through the window of
another person under circumstances that would
violate the other person's reasonable expectation
of privacy. A person who violates this section
shall be guilty of a misdemeanor.
(Code 1975, § 12-10(a)(2), (b); Code 2002, § 54-
93)
   State law     reference—Window       peeping,    MCL
750.167(1)(c).

Sec. 54-94. Jostling; roughly crowding.
   A person who is found jostling or roughly
crowding people unnecessarily in a public place
shall be guilty of a misdemeanor. The term
"jostling" is defined as roughly pushing, shoving
or jabbing another person.
(Code 1975, § 12-10(a)(10), (b); Code 2002, § 54-
94; Ord. No. 2272, § 54-94, 4-27-2010)
   State law     reference—Similar    provisions,   MCL
750.167(1)(l).



Supp. No. 13                                         CD54:8.1
                                OFFENSES AND MISCELLANEOUS PROVISIONS                                § 54-100



Sec. 54-95. Fighting.                                   passage of pedestrians or vehicle traffic on a
                                                        street or sidewalk, shall be guilty of a
  A person who engages in quarreling or fight-          misdemeanor.
ing in a public place shall be guilty of a              (Code 1975, § 12-10(a)(14), (b); Code 2002, § 54-
misdemeanor.                                            97)

  (1)   The term  quarreling is defined as
                                                        Sec. 54-98. Disorderly houses.
        verbally disputing in a heated or angry
        manner, or arguing or bickering in a               (a) No person occupying or having the control
        contentious manner.                             of any house, building, lot, yard or premises of
                                                        any character shall permit any indecent, loud,
  (2)  The term fighting is defined as engag-
                                                        boisterous or improper noise or disturbance in or
       ing in a physical altercation or struggle;
                                                        about such house, building, lot, yard or premises,
       physically opposing somebody in battle;
                                                        nor permit persons to congregate in or about
       struggling in hand to hand combat; coming
                                                        such premises in a manner that results in such
       to exchange blows; or otherwise scuffling
                                                        noise or disturbance, nor permit such premises
       or skirmishing physically with somebody.
                                                        to be resorted to by tipplers, gamblers, vagrant
(Code 1975, § 12-10(a)(11), (b); Code 2002, § 54-
                                                        or other disorderly persons, nor permit in or
95; Ord. No. 2272, § 54-95, 4-27-2010)
                                                        about such premises any fighting, quarreling or
                                                        lewd or lascivious conduct.
Sec. 54-96. Prowling.
                                                          (b) Any person violating this section shall be
   (a) No person shall willfully and knowingly          guilty of a misdemeanor.
prowl or attempt to conceal himself in or about         (Code 1975, § 12-11; Code 2002, § 54-98)
any house, building, yard or other place in the
city in the nighttime, without having the express       Sec. 54-99. Keeping a place of prostitution.
or implied consent of the owner, lessee or other
person having responsibility for the control of            (a) No person keeping, managing or control-
the premises; provided, however, that prior to          ling, or who shall assist in keeping managing or
arrest for the offense stated in this subsection, a     controlling, any house, building, hall, barroom,
police officer shall afford the person an opportunity   theatre, dance house, room or other place within
to explain his presence and conduct or may              the city shall permit such place to be resorted to,
request him to leave the area.                          visited, frequented or resided in by any prostitute,
                                                        nor permit such place to be resorted to, visited or
  (b) The term prowl, as used in this section,        frequented by any other person who shall then
means to move or wander over in a stealthy,             and there behave or conduct himself in an
secret, furtive or clandestine manner.                  indecent, boisterous, disorderly or improper
                                                        manner.
  (c) A person who violates this section shall be
guilty of a misdemeanor.                                   (b) Any person who shall violate any provi-
(Code 1975, § 12-10(a)(13), (b); Code 2002, § 54-       sion of this section shall, upon conviction, be
96)                                                     guilty of a misdemeanor.
                                                        (Code 1975, § 12-12(d), (e); Code 2002, § 54-99)
                                                           State law reference—Keeping house of ill-fame, MCL
Sec. 54-97. Loitering.                                  750.452.


   A person who willfully and knowingly loiters         Sec. 54-100. Obscene conduct.
upon the sidewalks or streets adjacent to or in
front of any public hall, church, theater, opera          A person who engages in obscene conduct in a
house, hotel, restaurant, tavern or other public        public place shall be guilty of a misdemeanor.
building, so as to obstruct or block the free           The term obscene conduct is defined as conduct


Supp. No. 8                                        CD54:9
§ 54-100                                      MUSKEGON CITY CODE



that is offensive to modesty or decency or is                   ARTICLE V. OFFENSES INVOLVING
otherwise lewd or repulsive as judged by                               PUBLIC MORALS
contemporary community standards.
(Code 1975, § 12-10(a)(5), (b); Code 2002, § 54-
                                                                       DIVISION 1. GENERALLY
100; Ord. No. 2272, § 54-100, 4-27-2010)
   State law      reference—Similar   provisions,   MCL
750.167(1)(f).                                            Sec. 54-121. Drug implements.

Sec. 54-101. Disorderly conduct.                             (a) For purposes of this section, the term
                                                          controlled  substances are those defined as such
   (a) A person commits disorderly conduct if he          by Article 7 of the Public Health Code (MCL
or she disturbs the peace or quiet of a neighbor-         333.7101 et seq.). The term knowingly and
                                                          willfully loiter, as used in this section, is defined
hood, family or person by:
                                                          as to linger idly, or stand or recline in one place
  (1)      Engaging in fighting, violent or seriously     or to move slowly about with full knowledge of
           disruptive behavior;                           the activities and/or occupations prohibited in
                                                          this section and with intent to engage in any
  (2)      Making unreasonable noise;                     such prohibited activities or occupations, or with
                                                          intent to purchase or acquire any of such items
  (3)      Amplifying the sound produced by a radio       illegally sold.
           or other electronic sound-making device
           from within a motor vehicle in such a             (b) The prohibition contained in this section
           manner as to be plainly audible at a           shall not apply to manufacturers, wholesalers,
           distance of 50 feet from the physical          jobbers, licensed medical technicians, technolo-
           location of such motor vehicle;                gists, nurses, hospitals, research teaching institu-
                                                          tions, clinical laboratories, medical doctors,
  (4)      Using abusive or offensive language or         osteopathic physicians, dentists, chiropodists,
           gestures to any person present in a            veterinarians, pharmacists and embalmers in
           manner likely to provoke immediate physi-      the normal legal course of their respective busi-
           cal retaliation by such person;                ness or profession, nor to persons suffering from
                                                          diabetes, asthma or any other medical condition
  (5)      Making protracted commotion, utterance         requiring self injection so long as the device is
           or display with the intent to prevent the      not adapted to injection of illegal controlled
           transaction of the business of a lawful        substances. No person shall possess unless such
           meeting, gathering or procession; or           possession is authorized by the certificate of a
                                                          licensed medical doctor or osteopathic physician
  (6)      Refusing to obey a lawful order to disperse    issued within the period of one year:
           issued to maintain public safety in danger-
           ous proximity to a fire, a hazard or any            (1)   Hypodermic syringe or needle or any
           other emergency.                                          other instrument or implement adapted
                                                                     for the use of controlled substances by
   (b) A person who violates subsection (a)(3)                       subcutaneous injection or intracutane-
shall be responsible for a civil infraction, a                       ous injection or any other manner or
person who violates any other provision in subsec-                   method of introduction and which is pos-
tion (a) shall be guilty of a misdemeanor.                           sessed for that purpose.
(Ord. No. 2272, § 54-101, 4-27-2010; Ord. No.
2411, § 1, 5-28-2019)                                          (2)   Any pipe, tube or inhalation device used
                                                                     or adopted for the introduction of
                                                                     controlled substances into the body of a
Secs. 54-102—54-120. Reserved.                                       person when possessed for such purpose.


Supp. No. 8                                          CD54:10
                                  OFFENSES AND MISCELLANEOUS PROVISIONS                                    § 54-143



   (c) No person shall knowingly and willfully                   DIVISION 2. PROSTITUTION AND
loiter about, frequent or live in any building,                       RELATED OFFENSES*
apartment, store, automobile, boat, boathouse,
airplane or other place of any description                 Sec. 54-141. Prostitution prohibited.
whatsoever, where controlled substances,
hypodermic syringes, needles or other instru-                 No person shall commit an act of prostitution.
ments or implements or empty gelatin capsules              A person who violates this section shall be guilty
are used, sold, dispensed, furnished, given away,          of a misdemeanor.
stored or kept illegally.                                  (Code 1975, § 12-10(a)(1), (b); Code 2002, § 54-
                                                           141)
   (d) Any person who violates any provision of               State law reference—Common prostitutes, MCL
this section shall, upon conviction, be guilty of a        750.167(1)(b).
misdemeanor.
(Code 1975, §§ 12-20, 12-26; Code 2002, § 54-121)          Sec. 54-142. Solicitation.
    State law reference—Drug paraphernalia, MCL 333.7451
et seq.                                                       (a) No person shall solicit the illegal services
                                                           of a prostitute. A person who violates this subsec-
Sec. 54-122. Loitering in places where                     tion shall be guilty of a misdemeanor.
             liquor is sold without license.
                                                               (b) It shall be unlawful for any person to
   (a) It shall be unlawful for any person to              accost, solicit or invite another in any public
knowingly and willfully loiter or frequent in any          place, or in or from any building or vehicle, by
house, room, building or other place where                 word, gesture or any other means, to commit
intoxicating liquor is sold without a license to           illicit sexual intercourse or to do any other lewd
sell such liquor.                                          or immoral act. Any person who violates any
   (b) The term knowingly and willfully loiter            provision of this subsection shall, upon convic-
or frequent, as used in this section, is hereby           tion, be guilty of a misdemeanor.
defined as to linger idly, to stand or recline in one      (Code 1975, §§ 12-10(a)(1), (b), 12-13; Code 2002,
place or to move slowly about with full knowledge          § 54-142)
                                                             State law reference—Soliciting acts of prostitution,
of the illegal activities and/or occupations set
                                                           MCL 750.448, 750.449a.
forth in this section and with intent to engage in
any of such prohibited activities or occupations,
                                                           Sec. 54-143. Loitering in place of prostitu-
or with intent to purchase or consume any
                                                                        tion.
intoxicating liquors illegally sold.
   (c) Any person who violates any provision of               (a) A person who knowingly and willfully
this section shall, upon conviction, be guilty of a        loiters in a house of ill fame or prostitution or
misdemeanor.                                               place where prostitution or lewdness is practiced,
(Code 1975, §§ 12-24, 12-26; Code 2002, § 54-122)          encouraged or allowed shall be guilty of a
                                                           misdemeanor.
Secs. 54-123—54-140. Reserved.                                (b) The term knowingly and willfully loiter,
                                                           as used in this section, is hereby defined as to
                                                           linger idly, or stand or recline in one place or to
                                                           move slowly about with full knowledge of the
                                                           activities and/or occupations prohibited in this
                                                           section and with intent to engage in any such
                                                           prohibited activities or occupations, or with intent
                                                           to purchase or acquire any of such items illegally
                                                           sold.
                                                             *State law reference—Prostitution and related offenses,
                                                           MCL 750.448 et seq.



Supp. No. 8                                          CD54:11
§ 54-143                                      MUSKEGON CITY CODE



   (c) No person shall visit, frequent, reside in or       over any property. The term owner also means
be found in any house of ill fame for the purpose          any persons having an ownership interest in a
of prostitution or lewdness within the city.               property as disclosed by the records referred to
                                                           in this division. As used in this article, the term
   (d) Any person who shall violate any provi-
                                                           the owner, an owner or  owner shall mean
sion of subsection (b) of this section shall, upon         any and all persons that the city is aware of who
conviction, be guilty of a misdemeanor.
                                                           have or who may have an ownership interest.
(Code 1975, §§ 12-10(a)(7), (b), (f), 12-12; Code
                                                           Whenever this division provides for notice to the
2002, § 54-143)
                                                           owner, it shall be construed to mean that notice
  State law reference—Similar provisions, MCL 750.452.
                                                           shall be given to all persons having a known
                                                           ownership interest, and all tenants or occupants
Sec. 54-144. Keeping house of prostitution.
                                                           reasonably known to the city.
   (a) No person shall keep, manage or control,
or assist, directly or indirectly, in keeping, manag-        Property means any land, structure, house,
ing or controlling, a house of ill fame for the            building, premises or any part thereof.
purpose of prostitution or lewdness within the             (Code 1975, § 12-141; Code 2002, § 26-261)
city.
                                                           Sec. 54-148. Penalty.
   (b) No person shall keep, manage or control,
or assist, directly or indirectly, in keeping, manag-         Whoever violates any prohibition in this divi-
ing or controlling, any place, building, saloon,           sion shall be subject to the following minimum
barroom, theatre, room or rooms resorted to for            criminal penalties which shall be assessed in
the purpose of prostitution or lewdness within             addition to any other lawful sentence that the
the city.                                                  sentencing court may impose:
   (c) Any person who shall violate any provi-                 (1)   For a first violation, a fine of not less
sion of this section shall, upon conviction, be                      than $175.00 nor more than $500.00.
guilty of a misdemeanor.
                                                               (2)   For a second violation, a fine of not less
(Code 1975, § 12-12(a), (c), (e); Code 2002, § 54-
                                                                     than $300.00 nor more than $500.00, and
144)
   State law reference—Managing, leasing, etc., house of             imprisonment for not more than 90 days.
prostitution, MCL 750.452 et seq.
                                                               (3)For a third or subsequent violation, a
                                                                  fine of not less than $400.00 nor more
Secs. 54-145, 54-146. Reserved.                                   than $500.00, and imprisonment for not
                                                                  more than 90 days.
 DIVISION 3. CONTROLLED SUBSTANCES                         (Code 1975, § 12-150; Code 2002, § 26-262)
    AND PROSTITUTION NUISANCES*
                                                           Sec. 54-149. Findings with respect to drug
Sec. 54-147. Definitions.                                               use and prostitution.

  The following words, terms and phrases, when                The city determines that whenever repeated
used in this division, shall have the meanings             use, sale, furnishing, giving or possession of
ascribed to them in this section, except where             controlled substances or drug paraphernalia
the context clearly indicates a different meaning:         occurs on any property or whenever property is
                                                           repeatedly used for violation of the controlled
  Owner means any person who possesses or
                                                           substances or drug paraphernalia laws or for
has any legal or equitable interest in a property.
                                                           purposes of prostitution a public nuisance results.
The term owner also means any persons who
                                                           Such a public nuisance results from the increased
have or exercise control, custody or dominion
                                                           criminal activity that occurs in the neighborhood
    *State law reference— Public nuisances, MCL 600.3801   surrounding the property, increased pedestrian
et seq.                                                    and/or vehicular traffic in the neighborhood sur-


Supp. No. 8                                          CD54:12
                               OFFENSES AND MISCELLANEOUS PROVISIONS   § 54-150



rounding the property, and the disturbance of
the peace and quiet of residents living in the
neighborhood surrounding the property.
(Code 1975, § 12-142; Code 2002, § 26-263)

Sec. 54-150. Declaration of public nuisance.
   (a) Whenever the illegal use, sale, furnishing,
giving or possession of controlled substances or
drug paraphernalia repeatedly occurs on any
property or when any violation of the controlled
substances act or the drug paraphernalia laws or
any act of prostitution occurs on any property,
the city commission may declare, by resolution,
that the property is a public nuisance and order
that the nuisance be abated as provided in this
division. Such a declaration may occur only after
there has been notice given to the owner of the
property and the owner has had an opportunity
to be heard at a public hearing.
   (b) Notice of the public hearing shall be given
to the owner and shall consist of personal service
or the mailing of a certified letter to that owner
as indicated by the city assessor's records, the
records of the register of deeds of the county and
the records of the inspection department. The
notice shall state the nature of the alleged
nuisance and the time, date and location of the
hearing. If the notice is served by certified mail,
it shall be delivered with a return receipt
requested according to the practices of the post
office. Receipt of the return receipt card by the
city indicating the owner or a representative of
the owner has received such notice shall be
deemed notice to the owner. It shall not be
necessary that the card be returned if the certi-
fied mail has been refused or




Supp. No. 8                                     CD54:12.1
                               OFFENSES AND MISCELLANEOUS PROVISIONS                                  § 54-151



there is other evidence that the owner has re-                   vacated and declare that occupancy of all
ceived notice. Such notice to an owner shall occur               or a portion of the property is prohibited
by the mailing with postmark or personal delivery                and authorize the police department to
at least 14 calendar days prior to the date of the               prohibit the occupancy of the property by
public hearing.                                                  either padlocking all or a portion of the
                                                                 property or boarding or otherwise secur-
   (c) At the public hearing, the city commission,               ing all or a portion of the property, as is
sitting as an administrative body and acting in a                appropriate, for a period of up to one year
quasi-judicial capacity, shall make a determina-                 as the city commission shall determine
tion as to whether a public nuisance exists under                based upon the evidence;
the standards established by this division. The
city commission shall make this determination              (2)    Determine that the owner shall be liable
based solely upon the evidence presented at the                  for the full cost of any materials and
public evidentiary hearing. In conducting the                    personnel (including police and any other
public evidentiary hearing, the city commission                  city employees or contractors) involved in
shall afford the owner, city personnel, other wit-               the padlocking, boarding or securing of
nesses, and interested parties an opportunity to                 the property in the first instance and the
present relevant and material evidence and to                    full cost of any personnel and materials
make arguments as to factual or legal issues.                    involved in any subsequent or remedial
Cross examination of opposing witnesses shall be                 padlocking, boarding or securing of the
permitted. The owner may appear in person and                    property;
be represented by an attorney. Lay representation
is not permitted. In conducting its public                 (3)    Determine that the costs set out in this
evidentiary hearing, the city commission shall not               division shall be a personal debt of the
be bound by the rules of evidence and may admit                  owner and/or assess those costs against
and give weight to probative evidence of a nature                the property as a lien as provided for in
that is commonly relied upon by reasonably pru-                  this division and by law, or both; and
dent individuals in the conduct of their affairs.
Irrelevant, incompetent and immaterial evidence            (4)    Determine that such costs shall be placed
and unduly repetitious evidence shall be ex-                     as a lien against the premises with collec-
cluded.                                                          tion to occur as in the case of real property
(Code 1975, § 12-143; Code 2002, § 26-264)                       taxes.

See.   54-151.    Abatement of nuisance        and       (c) Where only a discrete area or unit of a
              costs; posting; recording        and    property under the control of a person or the
              listing of public nuisances.            owner is involved in the illegal activity, the city
                                                      commission shall not order that any part of the
   (a) If the city commission determines by a         property other than the part used for the illegal
preponderance of the evidence that a property is a    activity be vacated. It is the intent of this subsec-
public nuisance, it may, by resolution, in addition   tion to protect those truly and completely inno-
to any other remedies available to the city at law    cent of any participation in the act and those not
or in equity, order abatement of the nuisance. The    having any notice of, or direct or imputed knowl-
resolution shall state the factual findings and the   edge of, the illegal acts from being deprived of the
basis for the decision of the city commission in      use of their property. By way of example and not
writing.                                              limitation, if only a single apartment in a multi-
                                                      ple dwelling is determined to constitute the loca-
   (b) The abatement process shall be conducted
                                                      tion of the public nuisance as provided for in this
as follows:
                                                      division, the city commission may vacate and
  (1) If it is determined that all or a portion of    secure only the apartment used for the illegal
       the property is to be ordered vacated, the     purposes and shall not vacate or secure the entire
       city commission shall order the property       building.


                                                 CD54:13
§ 54-151                                     MUSKEGON CITY CODE



  (d) The posting, recording and listing of public                       nance or law, as evidenced by convic-
nuisances shall be as follows:                                           tion of an individual for violation of
   (1) Whenever the city commission shall have                           either at that location;
       ordered a property to be vacated and                   (2)   A letter informing the owner that an ille-
       ordered that occupancy is prohibited, the                    gal controlled substance and/or illegal drug
       police department shall post a notice so                     paraphernalia has been found by the po-
       stating at each entrance to any building                     lice at the property or that a drug-related
       on the property and at the entrance to                       or drug paraphernalia-related crime has
       each dwelling unit or other portion of the                   been committed on the property, and of
       property ordered and shall replace any                       the potential consequences if either of the
       notices that are missing or unreadable.                      above events occurs again at the property,
   (2)      The city clerk shall maintain a list of                 has been:
           those properties that have been declared                 a.   Personally served on an owner; or
           to be public nuisances and of the remedy
           ordered by the city commission. Immedi-                  b.   Sent by certified mail to an owner, as
           ately upon a declaration of public nui-                       provided for in this division, and a
           sance as provided for in this division, the                   return receipt card has been re-
           city clerk shall add the property to the                      ceived by the city or other evidence
           list. A list of such properties shall be                      of delivery is available in the event
           available for public inspection at the city                   the certified mail is refused; and
           clerk's office.
                                                              (3)
                                                                The same property is lawfully searched by
   (3)     No person other than an authorized city              the police again within six months from
           employee shall tamper with, damage, al-              the date of the first search or the acts
           ter, destroy or remove any notice posted             resulting in the conviction, and an illegal
           by the city.                                         controlled substance or illegal drug para-
   (4) The city may, at its discretion, record an               phernalia is found by the police or, if
       affidavit setting forth its findings under               within six months of the acts resulting in
       this division and the remedies deter-                    the first conviction above, an act occurs
       mined to apply to the property at the                    resulting in a conviction for violation of
       county register of deeds.                                the state or federal controlled substance
(Code 1975, § 12-144; Code 2002, § 26-265)                      act or the drug paraphernalia ordinance
                                                                or law.
Sec.       54-152.      Presumption of public nui-       (Code 1975, § 12-145; Code 2002, § 26-266)
                     sance—Drugs or drug parapher-
                     nalia.                              Sec. 54-153. Same—Prostitution.
   The city commission may find that a public
nuisance exists if the following conditions are             The city commission may find that a public
established by the evidence presented at the             nuisance exists if the following conditions are
public evidentiary hearing:                              established by the evidence presented at the
                                                         public evidentiary hearing:
   (1) The property has been:
       a.   Lawfully searched by the police and               (1)    The property has been the location of an
            illegal controlled substances or drug                   act of prostitution as proven by the con-
            paraphernalia have been found by                        viction of an individual for engaging in an
            the police; or                                          act of prostitution or solicitation of pros-
                                                                    titution at that location;
       b.    The location of a violation of the
            state or federal controlled substances            (2)   A letter, informing an owner that an act of
            law or of a drug paraphernalia ordi-                    prostitution or solicitation has occurred


                                                    CD54:14
                                  OFFENSES AND MISCELLANEOUS PROVISIONS                                      § 54-162



        on the property and of the potential con-       paraphernalia seized, the individuals involved
        sequences if a similar activity occurs at       and, with reasonable specificity, the location where
        the property, has been:                         any contraband was found or illegal act commit-
        a.   Personally served on an owner; or          ted.
                                                        (Code 1975, § 12-148; Code 2002, § 26-269)
        b.   Sent by certified mail to an owner, as
             provided for in this division, and a
                                                        Sec. 54-156. Entry into or use of property
             return receipt card has been re-
                                                                    ordered vacated; occupancy pro-
             ceived by the city or other evidence
                                                                    hibited.
             of delivery is available in the event
             the certified mail is refused; and            No person shall enter upon any property that
  (3) The same property is again proven to be           has been declared by the city commission to be a
       the location of an act, occurring within six     nuisance and which the city commission has
       months of the acts resulting in the first        ordered to be vacated and secured against occu-
       conviction above, of prostitution or solici-     pancy or use under this division except to secure
       tation from which a conviction occurs.           the property or perform necessary maintenance
(Code 1975, § 12-146; Code 2002, § 26-267)              with written permission of the city, including
                                                        designation of time and specific actions to be
Sec. 54-154. Appeal.                                    accomplished. The city is not responsible for main-
                                                        taining the property.
   (a) An owner aggrieved by any final determi-         (Code 1975, § 12-149; Code 2002, § 26-270)
nation by the city commission under this division
may appeal the determination to the circuit court
                                                        Secs. 54-157—54-160. Reserved.
within 21 days of the date of the decision.
   (b) The circuit court shall review the city com-                   DIVISION 4. GAMBLING*
mission's decision to determine whether it is in
violation of the law, has been procured by fraud, if
an abuse of discretion exists, and whether the          See. 54-161. Gambling.
decision is supported by competent, substantial            (a) It shall be unlawful for any person to keep
and material evidence on the record as a whole.         any table, wheel or other apparatus used wholly
The circuit court's review shall be made upon the       or in part for gaming or gambling purposes, or to
record made before the city commission. It is the       permit any gambling to be done with or upon such
responsibility of the appealing party to demon-         table, wheel or apparatus for any valuable consid-
strate error, and to present and settle the record.     eration whatever, or to engage in playing or
The court may return the matter for further             gambling for money or any other thing which,
hearing, reverse or modify the decision of the city     among the persons so engaged, represents money
commission, or affirm the decision. If the court        or any other valuable thing.
affirms the action of the city, or modifies it, the
court may provide any order or relief it deems             (b) Any person who violates any provision of
appropriate to enforce and aid in the enforcement       this section shall, upon conviction, be guilty of a
of this division and the action of the city.            misdemeanor.
(Code 1975, § 12-147; Code 2002, § 26-268)              (Code 1975, §§ 12-18, 12-26; Code 2002, § 54-161)
                                                             State law reference—Gambling, MCL 750.301 et seq.
Sec.   54-155.     Notification   to   the   property
                 owner.                                 Sec. 54-162. Frequenting gaming places.
   The notification letters to the owner and the           Any person who shall attend or frequent any
notice of a public evidentiary hearing shall con-       place where gambling or gaming if suffered or
tain a report of the nature of the violation and
materials found, the nature of the drugs or drug             ♦State law reference—Gambling, MCL 750.301 et seq.



                                                   CD54:15
§ 54-162                                           MUSKEGON CITY CODE



permitted, or any place operated or occupied as a              Sec. 54-185. Sale or transfer of possession to
common gaming or gambling house or room within                              minors.
the city, shall be guilty of a misdemeanor.
(Code 1975, § 12-19; Code 2002, § 54-162)                         (a) No person shall sell or transfer possession
   State law reference—Frequenting gaming places, MCL          of any model glue to another person who is under
750.309.                                                       17 years of age; provided, however, a person may
                                                               sell or transfer possession of model glue to a
Secs. 54-163—54-180. Reserved.                                 person under 17 years of age for model building or
                                                               other lawful use, where such juvenile has in his
                                                               possession and exhibits the written consent of his
           DIVISIONS. MODEL GLUE*                              parent or guardian.
See. 54-181. Definition.                                          (b) A person making a sale or transfer of
   As used in this division the term "model glue"              possession of model glue to a person under 17
shall mean any glue or cement of the type com-                 years of age, who exhibits the written consent of
monly used in the building of model airplanes,                 his parent or guardian, shall record the name,
boats and automobiles, containing toluene, ace-                address, sex and age of the juvenile and the name
tone or other solvent or chemical having the                   and address of the consenting parent or guardian.
property of releasing toxic vapors.                            Such data shall be kept in a permanent type
(Code 1975, § 12-69; Code 2002, § 54-181)                      register available for inspection by the police
                                                               department for a period of at least six months.
                                                               (Code 1975, § 12-72; Code 2002, § 54-185)
Sec. 54-182. Penalty for violations of divi-
            sion.
                                                               Sec. 54-186. Possessing, buying, selling, etc.,
  Any person convicted of a violation of the                                for purpose of violating divi-
provisions of this division shall be guilty of a                            sion.
misdemeanor.
(Code 1975, § 12-74; Code 2002, § 54-182)                         No person shall, for the purpose of violating or
                                                               aiding another to violate any provision of this
Sec. 54-183. Inhalation of fumes.                              division, intentionally possess, buy, sell, transfer
                                                               possession or receive possession of any model
   No person shall, for the purpose of causing a               glue.
condition of intoxication, euphoria, excitement,               (Code 1975, § 12-73; Code 2002, § 54-186)
exhilaration, stupefaction or dulling of the senses
or nervous system, intentionally smell or inhale
the fumes from any model glue; provided, how-                  Secs. 54-187—54-210. Reserved.
ever, that this section shall not apply to the
inhalation of any anesthesia for medical or dental
purposes.                                                           ARTICLE VI. OFFENSES INVOLVING
(Code 1975, § 12-70; Code 2002, § 54-183)                                 PUBLIC AUTHORITY
   State law reference—Similar provisions, MCL 752.272.
                                                               Sec. 54-211. Obstruction of police officer.
Sec. 54-184. Purchase or possession by mi-
             nors.                                                (a) No person shall knowingly or willfully ob-
                                                               struct, resist, oppose, assault, beat or wound any
  No person under 17 years of age shall purchase               police officer, peace officer, sheriff or deputy sheriff
or possess any model glue, without the written                 or person acting with police officer powers or any
consent of his parent or guardian.                             other person authorized by law to maintain or
(Code 1975, § 12-71; Code 2002, § 54-184)                      preserve the peace, while such officer, sheriff,
   *State law reference—Chemical agents, MCL 752.271 et        deputy sheriff or person is lawfully serving or
seq.                                                           executing process, carrying out lawful orders,


                                                          CD54:16
                                      OFFENSES AND MISCELLANEOUS PROVISIONS                                             § 54-241



enforcing the laws, preserving or maintaining                     ment, shall wear any uniform of a pattern or
the peace or performing or attempting to perform                  design or in the semblance of the uniform adopted
their lawful duties.                                              by the police department for the use of its
                                                                  regular members, or wear or carry about his
   (b) Any person who violates this section shall
                                                                  person any star, badge or uniform of a pattern or
be guilty of a misdemeanor.
                                                                  design that may be mistaken or confounded with
(Code 1975, § 12-l(c), (e); Code 2002, § 54-211)
   State law reference—Obstruction of police, MCL 750.479.
                                                                  a star, badge or uniform adopted by the police
                                                                  department, with the intent to impersonate a
Sec. 54-212. Identification.                                      police officer. Any person who violates any provi-
                                                                  sion of this section shall be responsible for a
   (a) Where there is probable cause to arrest a                  municipal civil infraction.
person for the commission of a crime or reason-                   (Code 1975, § 12-3; Code 2002, § 54-214)
able basis to stop a person to issue him a                             State law reference—False impersonation, MCL 750.215.
municipal civil infraction citation, the person
shall not fail to give true information of their                  Secs. 54-215—54-240. Reserved.
identity and identifying information, including,
but not limited to, their full name, address, and
date of birth, to a police officer, peace officer,                      ARTICLE VII. OFFENSES INVOLVING
sheriff or deputy sheriff, or person acting with                                     MINORS
and having police officer powers, who is lawfully
exercising police or peace officer powers, upon                                  DIVISION 1. GENERALLY
the lawful request or demand of such officer or
authorized person. No person shall give false or                  Sec. 54-241. Curfew for underage persons.
misleading identifying information in response
to such request or demand.                                           (a) It is unlawful for any minor 16 years of
                                                                  age or younger to loiter, wander, stroll or play in
   (b) Any person who violates this section shall                 or upon the public streets, highways, roads,
be guilty of a misdemeanor.                                       alleys, parks, playgrounds or other public grounds,
(Code 1975, § 12-l(b), (e); Code 2002, § 54-212;                  public places, public buildings, places of amuse-
Ord. No. 2046, 5-22-2001)                                         ment, eating places, vacant lots or any place
   State   law   reference—Disobedience   of   police   signal,
MCL 750.479a.
                                                                  unsupervised by an adult having the lawful
                                                                  authority to be at such places between the hours
Sec. 54-213. Disobedience of lawful instruc-                      of 11:00 p.m. on any day and 6:00 a.m. of the
             tion of police officer.                              following day; provided that the provisions of
                                                                  this subsection shall not apply in the following
   (a) No person shall disobey or act in a manner                 instances:
contrary to the notice authorized by the city on
any sign or the lawful instructions of a police                        (1)   When a minor is accompanied by such
officer, peace officer, sheriff or deputy sheriff, or                        minor's parent, guardian or other adult
person acting with police officer powers in the                              person having the lawful care and custody
city in any public place or city facility or building                        of the minor.
in the city.                                                           (2)    When the minor is upon an emergency
   (b) Any person who violates this section shall                            errand directed by such minor's parent
                                                                             or guardian or other adult person having
be guilty of a misdemeanor.
                                                                             the lawful care and custody of such minor.
(Code 1975, § 12-l(a), (e); Code 2002, § 54-213)
                                                                       (3)    When the minor is returning directly
Sec. 54-214. False impersonation of police                                   home from a school activity, entertain-
            officer.                                                         ment, recreational activity or dance.
   No person, other than duly appointed and                            (4)    When the minor is returning directly
regularly acting police officers of the police depart-                       home from lawful employment that makes


Supp. No. 3                                                  CD54:17
§ 54-241                                             MUSKEGON CITY CODE



           it necessary to be in the places referenced             (b) No person shall: offer to sell, give, or
           in this section during the proscribed                furnish a tobacco product, vapor product or
           period of time.                                      alternative nicotine product to a person who is
                                                                less than 18 years of age, including, but not
   (5) When the minor is attending or traveling                 limited to, through a vending machine. Before
       directly to or from an activity involving                selling, offering for sale, giving, or furnishing a
       the exercise of first amendment rights of                tobacco product, vapor product or alternative
       free speech, freedom of assembly or free                 nicotine product to an individual, a person shall
       exercise of religion.                                    verify that the individual is at least 18 years of
                                                                age by examining a government issued
   (6) When the minor is engaged in interstate                  photographic identification that establishes that
       travel with the consent of his parent or                 the individual is at least 18 years of age. This
       guardian.                                                verification requirement does not apply to those
                                                                persons that visually appear to be older than 25
   (b) It is unlawful for the parent, guardian or               years of age. A person who violates this section
other person having custody or control of any                   is guilty of a misdemeanor punishable by a fine
child to allow such child to violate the provisions             of not more than $50.00 for the first violation.
of subsection (a) of this section.                              For a second violation, a person is guilty of a
                                                                misdemeanor punishable by a fine of not more
  (c) Any person who violates this section shall                than $150.00. For a third or subsequent viola-
be responsible for a municipal civil infraction.                tion, a person is guilty of a misdemeanor punish-
(Code 1975, § 12-86; Code 2002, § 54-241)                       able by a fine of not more than $500.00, or by
   State law reference—Curfew, MCL 722.751 et seq.              imprisonment for a period of not more than 90
                                                                days, or by both such fine and imprisonment.
Sec. 54-242. Purchase, consumption or pos-                          (c)   Definitions.
             session of tobacco products by
             minors;      furnishing tobacco                      Alternative nicotine product means a
             products to minors.                                noncombustible product containing nicotine that
                                                                is intended for human consumption, whether
   (a) A person who is less than 18 years of age                chewed, absorbed, dissolved, or ingested by any
shall not: purchase or attempt to purchase a                    other means;
tobacco product, vapor product or alternative                      Tobacco product means a product that contains
nicotine product; possess or attempt to possess a               tobacco and is intended for human consumption,
tobacco product, vapor product or alternative                   including, but not limited to, cigarettes, non-
nicotine product; use a tobacco product, vapor                  cigarette smoking tobacco, or smokeless tobacco,
product or alternative nicotine product; or pres-               as those terms are defined in section 2 of the
ent or offer to an individual a purported proof of              Tobacco Products Tax Act, 1993 PA 327, MCL
age that is false, fraudulent, or not actually his              205.422, and cigars;
or her own proof of age for the purchase of
purchasing, attempting to purchase, possessing,                    Vapor products means a noncombustible
or attempting to possess a tobacco product, vapor               product containing nicotine that employs a heat-
product or alternative nicotine product. An                     ing element, power source, electronic circuit, or
individual who violates this section is responsible             other electronic, chemical, or mechanical means,
for a civil infraction punishable by a fine of not              regardless of shape or size, that can be used to
more than $50.00 for the first violation. For a                 produce vapor from nicotine in a solution or
second violation, an individual is responsible for              other form. Vapor product includes an electronic
a civil infraction punishable by a fine of not more             cigarette, electronic cigar, electronic cigarillo,
than $100.00. For a third or subsequent viola-                  electronic pipe, or similar product or device and
tion, an individual is guilty of a misdemeanor                  a vapor cartridge or other container of nicotine
punishable by a fine of not more than $300.00.                  in a solution or other form that is intended to be


Supp. No. 3                                               CD54:18
                                     OFFENSES AND MISCELLANEOUS PROVISIONS                                         § 54-263



used with or in an electronic cigarette, electronic               (b) In an action for the violation of this sec-
cigar, electronic cigarillo, electronic pipe, or similar       tion, proof that the defendant or the defendant's
product or device.                                             agent or employer demanded and was shown,
(Ord. No. 2354, § 1, 3-22-2016)                                before furnishing alcoholic liquor to a person
    Editor’s note—Ord. No. 2354, § 1, adopted Mar. 22,         under 21 years of age, a motor vehicle operator's
2016, repealed the former section and enacted a new section    license or a registration certificate issued by the
as set out herein. The former section pertained to similar
subject matter and derived from Code 2002, § 54-242; Ord.
                                                               federal selective service, or other bona fide
No. 1194, 8-10-1999.                                           documentary evidence of the age and identity of
    State law reference—Youth tobacco act, MCL 722.641         that person, shall be a defense to an action under
et seq.                                                        this section.
                                                               (Code 1975, § 12-94; Code 2002, § 54-262)
                                                                  State law reference—Sales    to   underage   persons   and
Secs. 54-243—54-260. Reserved.                                 required signs, MCL 436.1701.

      DIVISION 2. ALCOHOLIC LIQUORS                            Sec.       54-263.      Purchase or consumption of
                                                                                    alcoholic liquors by persons
Sec. 54-261. Children in places where liquor                                        under 21.
             is sold.                                             (a) A person under 21 shall not purchase or
   No minor child under 17 years of age shall be               attempt to purchase alcoholic liquor, consume or
permitted to remain in any dance hall, saloon,                 attempt to consume alcoholic liquor, possess or
barroom or any place where any spirituous or                   attempt to possess alcoholic liquor, or have any
intoxicating liquor, or any wine or beer, or any               bodily alcohol content, except as provided in this
beverage, liquor or liquors containing any spiritu-            section. A person who violates this subsection is
ous or intoxicating liquor, beer, or malt liquor is            responsible for a municipal civil infraction or
sold, given away or furnished for a beverage,                  guilty of a misdemeanor punishable by the fol-
unless such minor is accompanied by a parent or                lowing fines and sanctions:
guardian. Any proprietor, keeper or manager of                      (1)    For the first violation, the person is
any such place who shall permit such minor                                responsible for a municipal civil infrac-
child to remain in any such place, and any                                tion and shall be fined not more than
person who shall encourage or induce in any way                           $100.00. A court may order a person
such minor child to enter such place or to remain                         under this subsection to participate in
therein, shall be deemed guilty of a misdemeanor.                         substance use disorder services as defined
(Code 1975, § 12-93; Code 2002, § 54-261)                                 in section 6230 of the Public Health
   State law reference—Similar provisions, MCL 750.141.
                                                                          Code, Public Act No. 368 of 1978 (MCL
                                                                          333.6230), and designated by the
Sec. 54-262. Selling, furnishing; notice.                                 administrator of the office of substance
                                                                          abuse services, and may order that person
   (a) Alcoholic liquor shall not be sold or
                                                                          to perform community service and to
furnished to a person unless the person has
                                                                          undergo substance abuse screening and
attained 21 years of age. A person who know-
                                                                          assessment at his or her own expense as
ingly sells or furnishes alcoholic liquor to a                            described in subsection (e) of this section.
person who is less than 21 years of age, or who
                                                                          A person may be found responsible or
fails to make diligent inquiry as to whether the
                                                                          admit responsibility only once under this
person is less than 21 years of age, is guilty of a                       subsection.
misdemeanor. A suitable sign which describes
this section and the penalties for violating this                   (2)    If a violation of this section, section
section shall be posted in a conspicuous place in                         33b(l) of former 1933 (Ex. Sess.) PA 8, or
each room where alcoholic liquors are sold. The                           a local ordinance substantially correspond-
signs shall be approved and furnished by the                              ing to this subsection or section 33b(l) of
state liquor control commission.                                          former 1933 (Ex. Sess.) PA 8, occurs after


Supp. No. 5                                               CD54:19
§ 54-263                                      MUSKEGON CITY CODE



           one prior judgment, the person is guilty                screening and assessment at his or her
           of a misdemeanor. A misdemeanor under                   own expense as described in subsection
           this subsection is punishable by imprison-              (e) of this section.
           ment for not more than 30 days, but only
           if the court finds that the person violated       (b) An individual who furnishes fraudulent
           an order of probation, failed to success-      identification to a person under 21, or
           fully complete any treatment, screening,       notwithstanding subsection (a) of this section, a
           or community service ordered by the            person under 21 who uses fraudulent identifica-
                                                          tion to purchase alcoholic liquor, is guilty of a
           court, or failed to pay any fine for that
                                                          misdemeanor punishable by imprisonment for
           conviction or juvenile adjudication, or by
                                                          not more than 93 days or a fine of not more than
           a fine of not more than $200.00, or both.
                                                          $100.00, or both.
           A court may order a person under this
           subsection to participate in substance            (c) When an individual who has not previ-
           use disorder services as defined in sec-       ously been convicted of or received a juvenile
           tion 6230 of the Public Health Code,           adjudication for a violation of subsection (a) of
           Public Act No. 368 of 1978 (MCL                this section pleads guilty to a violation of subsec-
           333.6230), and designated by the               tion (a) of this section or offers a plea of admis-
           administrator of the office of substance       sion in a juvenile delinquency proceeding for a
           abuse services, to perform community           violation of subsection (a) of this section, the
           service, and to undergo substance abuse        court, without entering a judgment of guilt in a
           screening and assessment at his or her         criminal proceeding or a determination in a
           own expense as described in subsection         juvenile delinquency proceeding that the juvenile
           (e) of this section.                           has committed the offense and with the consent
                                                          of the accused, may defer further proceedings
   (3)       If a violation of this section, section      and place the individual on probation. The terms
           33b(l) of former 1933 (Ex. Sess.) PA 8, or     and conditions of that probation include, but are
           a local ordinance substantially correspond-    not limited to, the sanctions set forth in subsec-
           ing to this subsection or section 33b(l) of    tion (a)(3) of this section, payment of the costs
           former 1933 (Ex. Sess.) PA 8, occurs after     including minimum state cost as provided for in
           two or more prior judgments, the person        section 18m of Chapter XIIA of the Probate Code
           is guilty of a misdemeanor. A                  of 1939, Public Act No. 288 of 1939 (MCL
           misdemeanor under this subsection is           712A.18m), and section lj of Chapter IX of the
           punishable by imprisonment for not more        Code of Criminal Procedure, Public Act No. 175
           than 60 days, but only if the court finds      of 1927 (MCL 771.3). If a court finds that an
           that the minor violated an order of proba-     individual violated a term or condition of proba-
           tion, failed to successfully complete any      tion or that the individual is utilizing this subsec-
           treatment, screening, or community             tion in another court, the court may enter an
           service ordered by the court, or failed to     adjudication of guilt, or a determination in a
           pay any fine for that conviction or juvenile   juvenile delinquency proceeding that the
           adjudication, or by a fine of not more         individual has committed the offense, and proceed
           than $500.00, or both, as applicable. A        as otherwise provided by law. If an individual
           court may order a person under this            fulfills the terms and conditions of probation, the
           subsection to participate in substance         court shall discharge the individual and dismiss
           use disorder services as defined in sec-       the proceedings. Discharge and dismissal under
           tion 6230 of the Public Health Code,           this subsection shall be without adjudication of
           Public Act No. 368 of 1978 (MCL                guilt or without a determination in a juvenile
           333.6230), and designated by the               delinquency proceeding that the individual has
           administrator of the office of substance       committed the offense and is not a conviction or
           abuse services, to perform community           juvenile adjudication for purposes of disqualifica-
           service, and to undergo substance abuse        tions or disabilities imposed by law upon convic-


Supp. No. 5                                         CD54:20
                                OFFENSES AND MISCELLANEOUS PROVISIONS                              § 54-263



tion of a crime. An individual may obtain only         the individual is likely to benefit from rehabilita-
one discharge and dismissal under this subsec-         tive services, including alcohol or drug education
tion. The court shall maintain a nonpublic record      and alcohol or drug treatment programs. A court
of the matter while proceedings are deferred and       may order an individual subject to a conviction
the individual is on probation and if there is a       or juvenile adjudication of, or placed on proba-
discharge and dismissal under this subsection.         tion regarding, a violation of subsection (a) of
The secretary of state shall retain a nonpublic        this section to submit to a random or regular
record of a plea and of the discharge and dismissal    preliminary chemical breath analysis. The parent,
under this subsection. These records shall be          guardian, or custodian of a person under 18
furnished to any of the following:                     years of age not emancipated under Public Act
                                                       No. 293 of 1968 (MCL 722.1 to 722.6), may
   (1) To a court, prosecutor, or police agency        request a random or regular preliminary chemi-
       upon request for the purpose of determin-       cal breath analysis as part of the probation.
       ing if an individual has already utilized
       this subsection.                                   (f) The secretary of state shall suspend the
   (2)    To the department of corrections, a          operator's or chauffeur's license of an individual
         prosecutor, or a law enforcement agency,      convicted of a second or subsequent violation of
         upon the department's, a prosecutor's, or     subsection (a) or of violating subsection (b) as
         a law enforcement agency's request,           provided in section 319 of the Michigan Vehicle
         subject to all of the following conditions:   Code, Public Act No. 300 of 1949 (MCL 257.319).
         a.     At the time of the request, the           (g) A peace officer who has reasonable cause
              individual is an employee of the         to believe a person under 21 has consumed
              department of corrections, the           alcoholic liquor or has any bodily alcohol content
              prosecutor, or the law enforcement       may request that individual to submit to a
              agency, or an applicant for employ-      preliminary chemical breath analysis. If a person
              ment with the department of correc-      does not consent to a preliminary chemical breath
              tions, the prosecutor, or the law        analysis, the analysis shall not be administered
              enforcement agency.                      without a court order, but a peace officer may
         b.    The record is used by the depart-       seek to obtain a court order. The results of a
              ment of corrections, the prosecutor,     preliminary chemical breath analysis or other
              or the law enforcement agency only       acceptable blood alcohol test are admissible in a
              to determine whether an employee         civil infraction proceeding or criminal prosecu-
              has violated his conditions of employ-   tion to determine if the minor has consumed or
              ment or whether an applicant meets       possessed alcoholic liquor or had any bodily
              criteria for employment.                 alcohol content.

   (d) A misdemeanor violation of subsection (a)          (h) A law enforcement agency, upon determin-
of this section, successfully deferred, discharged,    ing that an individual less than 18 years of age
and dismissed under subsection (c) of this sec-        who is not emancipated under Public Act No.
tion is considered a prior judgment for the            293 of 1968 (MCL 722.1 to 722.6), allegedly
purposes of subsections (a)(2) and (a)(3).             consumed, possessed, purchased alcoholic liquor,
                                                       attempted to consume, possess, or purchase
   (e) A court may order an individual found           alcoholic liquor, or had any bodily alcohol content
responsible for or convicted of violating subsec-      in violation of subsection (a) of this section shall
tion (a) of this section to undergo screening and      notify the parent or parents, custodian, or guard-
assessment by a person or agency as designated         ian of the individual as to the nature of the
by the department-designated community mental          violation if the name of a parent, guardian, or
health entity as defined in section 100a of the        custodian is reasonably ascertainable by the law
Mental Health Code, Public Act No. 258 of 1978         enforcement agency. The law enforcement agency
(MCL 333.1100a), in order to determine whether         shall notify the parent, guardian, or custodian


Supp. No. 5                                       CD54:21
§ 54-263                                     MUSKEGON CITY CODE



not later than 48 hours after the law enforce-                           No. 328 of 1931 (MCL 750.520b to
ment agency determines that the individual who                           750.520g), committed against a
allegedly violated subsection (a) of this section is                     person under 21.
less than 18 years of age and not emancipated
under Public Act No. 293 of 1968 (MCL 722.1 to                (3) A person under 21 who initiates contact
722.6). The law enforcement agency may notify                     with a peace officer or emergency medi-
the parent, guardian, or custodian by any means                   cal services personnel for the purpose of
reasonably calculated to give prompt actual notice,               obtaining medical assistance for a
including, but not limited to, notice in person, by               legitimate health care concern.
telephone, or by first-class mail. If an individual
                                                            (k) If a person under the age of 18 who is not
less than 17 years of age is incarcerated for
                                                         emancipated under Public Act No. 293 of 1968
violating subsection (a) of this section, his parents
                                                         (MCL 722.1 to 722.6), voluntarily presents himself
or her parents or legal guardian shall be notified
                                                         to a health facility or agency for treatment or for
immediately as provided in this subsection.              observation as provided under subsection (j) of
   (i) This section does not prohibit a person           this section, the health facility or agency shall
under 21 from possessing alcoholic liquor during         notify the parent, guardian, or custodian of the
regular working hours and in the course of his or        individual as to the nature of the treatment or
her employment if employed by a person licensed          observation if the name of a parent, guardian, or
by state law, by the commission, or by an agent of       custodian is reasonably ascertainable by the
the commission, if the alcoholic liquor is not           health facility or agency.
possessed for his personal consumption.                     (1) This section does not limit the civil or
                                                         criminal liability of a vendor or the vendor's
   (j) The following individuals are not considered
to be in violation of subsection (a) of this section:    clerk, servant, agent, or employee for a violation
                                                         of this section.
   (1)     A person under 21 who has consumed
           alcoholic liquor and who voluntarily             (m) The consumption of alcoholic liquor by a
           presents himself or herself to a health       person under 21 who is enrolled in a course
           facility or agency for treatment or for       offered by an accredited postsecondary educational
           observation, including, but not limited       institution in an academic building of the institu-
           to, medical examination and treatment         tion under the supervision of a faculty member is
           for any condition arising from a violation    not prohibited by this section if the purpose of
           of sections 520b to 520g of the Michigan      the consumption is solely educational and is a
           Penal Code, Public Act No. 328 of 1931        requirement of the course.
           (MCL 750.520b to 750.520g), committed            (n) The consumption by a person under 21 of
           against a person under 21.                    sacramental wine in connection with religious
   (2) A person under 21 who accompanies an              services at a church, synagogue, or temple is not
       individual who meets both of the follow-          prohibited by this section.
       ing criteria:
                                                            (o) Subsection (a) of this section does not
           a.   Has consumed alcoholic liquor.           apply to a person under 21 who participates in
                                                         either or both of the following:
           b.     Voluntarily presents himself or
                herself to a health facility or agency        (1)   An undercover operation in which the
                for treatment or for observation,                   person purchases or receives alcoholic
                including, but not limited to, medi-                liquor under the direction of the person's
                cal examination and treatment for                   employer and with the prior approval or
                any condition arising from a viola-                 the local prosecutor's office as part of an
                tion of sections 520b to 520g of the                employer-sponsored internal enforce-
                Michigan Penal Code, Public Act                     ment action.


Supp. No. 5                                         CD54:22
                                    OFFENSES AND MISCELLANEOUS PROVISIONS                                     § 54-264



   (2)    An undercover operation in which the            corresponding to a law of this state, or a law of
         person purchases or receives alcoholic           another state substantially corresponding to a
         liquor under the direction of the state          law of this state:
         police, the commission, or a local police
                                                             (1) This section.
         agency as part of an enforcement action
         unless the initial or contemporaneous               (2) Section 624a, 624b, or 625 of the Michigan
         purchase or receipt of alcoholic liquor by              Vehicle Code, Public Act No. 300 of 1949
         the person was not under the direction of               (MCL 257.624a, 257.624b, and 257.625).
         the state police, the commission, or the            (3)   Section 80176, 81134, or 82127 of the
         local police agency and was not part of                   Natural Resources and Environmental
         the undercover operation.                                 Protection Act, Public Act No. 451 of
   (p) The state police, the commission, or a local                1994 (MCL 324.80176, 324.81134, and
police agency shall not recruit or attempt to                      324.82127).
recruit a person under 21 for participation in an            (4)  Section 167a or 237 of the Michigan
undercover operation at the scene of a violation                 Penal Code, Public Act No. 328 of 1939
of subsection (a) of this section.                               (MCL 750.167a and 750.237).
   (q) In a prosecution for the violation of subsec-      (Code 1975, § 12-96; Code 2002, § 54-264; Ord.
tion (a) concerning a person under 21 having any          No. 2288, 1-25-2011; Ord. No. 2388, § 1, 6-26-
bodily alcohol content, it is an affirmative defense      2018)
that the person consumed the alcoholic liquor in             State law reference—Similar provisions, MCL 436.1703.
a venue or location where that consumption is
legal.                                                    Sec.     54-264. Enforcement             by     authorized
                                                                         officers.
   (r)        As used in this section:
                                                              (a) A police officer or an inspector of the
   Any bodily alcohol content means either of the         liquor control commission who witnesses a viola-
following:                                                tion of this division or Section 703 of the Michigan
   (1) An alcohol content of 0.02 grams or more           Liquor Control Code of 1998 (MCL 436.1730),
       per 100 milliliters of blood, per 210 liters       may stop and detain the person for purposes of
       of breath, or per 67 milliliters of urine.         obtaining satisfactory identification, seizing
                                                          illegally possessed alcoholic liquor, and issuing
   (2) Any presence of alcohol within a person's
       body resulting from the consumption of             an appearance ticket.
       alcoholic liquor, other than consumption             (b) As used in this section, the term "appear-
       of alcoholic liquor as a part of a generally      ance ticket" means a complaint or written notice,
       recognized religious service or ceremony.         issued and subscribed by a police officer or
   Emergency medical services personnel means            inspector of the liquor control commission, direct-
that term as defined in section 20904 of the             ing a designated person to appear in a designated
Public Health Code, Public Act No. 368 of 1978           district, municipal, or probate court at a
(MCL 333.20904).                                         designated time in connection with the alleged
                                                         violation. The appearance ticket shall consist of
  Health facility or agency means that term as           the following parts:
defined in section 20106 of the Public Health
Code, Public Act No. 368 of 1978 (MCL 333.20106).            (1)   The original which shall be a complaint
                                                                   or notice to appear by the officer and
   Prior judgment means a conviction, juvenile                     filed with the court.
adjudication, finding of responsibility, or admis-
                                                             (2)   The first copy which shall be the abstract
sion of responsibility for any of the following,
                                                                   of court record.
whether under a law of this state, a local ordinance
substantially corresponding to a law of this                 (3) The second copy which shall be delivered
state, a law of the United States substantially                  to the alleged violator.


Supp. No. 5                                        CD54:23
§ 54-264                                           MUSKEGON CITY CODE



   (4)     The third copy which shall be retained by            the meaning of the state probate code as pertains
           the law enforcement agency.                          to juveniles, contrary to the best interests of the
                                                                community.
   (c) A judge may accept a plea of guilty by the               (Code 1975, § 12-103; Code 2002, § 54-282)
defendant of the allegations of an appearance
ticket and the court shall then impose a fine,                  Sec. 54-283. Penalty for violation of divi-
license suspension, or other sanction as further                            sion.
authorized by this section. If the defendant
denies the allegations of the appearance ticket,                   Any parent, legal guardian, or person
the court shall then set a date for trial or                    determined responsible for a minor who is found
hearing.                                                        guilty of a violation of this division shall be
(Code 1975, § 12-97; Code 2002, § 54-265)                       responsible for a municipal civil infraction.
   State law reference—Similar provisions, MCL 436.1705.        (Code 1975, § 12-108; Code 2002, § 54-283)

Secs. 54-265—54-280. Reserved.                                  Sec. 54-284. Notice to parent when minor
                                                                            arrested.
 DIVISION 3. PARENTAL RESPONSIBILITY                               Whenever a minor shall be arrested or detained
                                                                for the commission of any criminal act within the
See. 54-281. Definitions.                                       city, the parent of such minor shall be immediately
                                                                notified by the police department, either by
   The following words, terms and phrases, when                 personally delivering the notice in writing, or by
used in this division, shall have the meanings                  United States mail, advising the parent of such
ascribed to them in this section, except where                  arrest or detention, the reasons therefor and his
the context clearly indicates a different meaning:              responsibility under this division. A record of
                                                                such notification shall be kept by the police
   Criminal acts means those acts which violate                 department.
statutes of the state or the ordinances of the city.            (Code 1975, § 12-105; Code 2002, § 54-284)
  Habitual offender means one who commits
two or more criminal acts within a 12-month                     Sec. 54-285. Parental neglect—Prohibited.
period.                                                            It shall be unlawful for the parent of any
                                                                minor to fail to exercise reasonable parental
  Minor means any juvenile under the age of 17
                                                                control and supervision of any minor, which
years residing with his parents.
                                                                failure results in the minor committing any
  Parent means mother, father, legal guardian                   criminal act, or to allow or encourage any minor
or any other adult person having the care or                    to commit any criminal act or become delinquent
custody of a minor or with whom a minor may be                  in accordance with the probate code as it pertains
found residing.                                                 to juveniles.
(Code 1975, § 12-104; Code 2002, § 54-281)                      (Code 1975, § 12-106; Code 2002, § 54-285)

Sec. 54-282. Finding of fact.                                   Sec. 54-286. Same—Presumptions                 and
                                                                              required proof.
   The city commission finds and determines
                                                                  In any prosecution for a violation of section
that many crimes committed by minors are a
                                                                54-285:
direct result of a failure on the part of the
parents of such minors to exercise reasonable                        (1)    The presence of property stolen by a
parental control and supervision over the activi-                          minor upon the premises occupied by the
ties of such minors and that some parents have                             parent shall be prima facie evidence that
allowed or encouraged their minor children to                              the parent has failed to exercise reason-
commit criminal acts or become delinquent within                           able parental control over the minor.


Supp. No. 5                                                CD54:24
                                OFFENSES AND MISCELLANEOUS PROVISIONS   § 54-286



   (2)    The parent of a habitual offender shall
         be presumed to have failed to exercise
         reasonable parental control over a minor
         who commits subsequent criminal
         offenses.
   (3)   Failure of the parent to report a felony or
         high court misdemeanor committed by
         the minor, of which the parent has
         knowledge, to the police, shall be prima
         facie evidence of a failure of the parent to
         exercise reasonable parental control.
   (4)   Violation by a minor of the provisions of
         section 54-241 or of any other lawful
         curfew shall be prima facie evidence that
         the parent has failed to exercise reason-
         able parental control over the minor.
  (5) Trial or conviction of a minor for a criminal
       act giving rise to the charge against the
       parent shall not be required in order to
       convict the parent. Proof beyond a reason-
       able doubt that the minor did in fact
       commit the criminal act shall, however,
       be required in order to convict the parent.
(Code 1975, § 12-107; Code 2002, § 54-286)




Supp. No. 5                                        CD54:25

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