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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