Ordinance
No. 54
TOWNSHIP
OF SPRING ARBOR
AN ORDINANCE RELATING TO CERTAIN CRIMES; TO DEFINE CERTAIN CONDUCT
BEING SUBJECT TO PROSECUTION AS DISORDERLY CONDUCT; TO PRESCRIBE
PENALTIES FOR VIOLATION THEREOF; TO ADOPT A SAVINGS PROVISIONS;
TO REPEAL CONFLICTING ORDINANCES; TO ADOPT A SEVERABILITY CLAUSE;
AND TO PROVIDE AN EFFECTIVE DATE THEREOF.
At a regular meeting of the Township Board of the Township of Spring
Arbor held in the Township Hall on the 13th day of March, 2000 at
7:30 p.m., the following Ordinance was offered by Member Ganton
and supported by Member Short:
THE
TOWNSHIP OF SPRING ARBOR ORDAINS:
SECTION
I. SHORT TITLE AND CITATION
This Ordinance shall be known and cited as the Spring Arbor Township
Disorderly Ordinance.
SECTION
2. UNLAWFUL ACT
It shall be unlawful and punishable as provided herein, for any
person to be a disorderly person within the Township of Spring Arbor.
SECTION
3. DEFINITIONS
For the purpose of this Ordinance, the following terms shall have
the following meanings respectively designated for each:
1.
Animals. Unless otherwise stated, the word "animal" as
used in this Ordinance shall include birds, fish, mammals and reptiles.
2. Livestock means horses, cattle, swine, sheep, goats and fur-bearing
animals, of either gender, being raised in captivity.
3. Owner. The term "owner" and persons owning premises
shall mean both the owner of title of record and those occupying
or in possession of any property or premise. The term "owner"
when applied to the proprietorship of any animal, means every person
having a right of property in the animal, an authorized agent of
the animal, and every person who keeps or harbors the animal or
has it in his or her care, custody or control, and every person
who permits the animal to remain on or about the premises occupied
by, himself or herself.
4. Peace Officer means any person employed or elected by the people
of the
Township of Spring Arbor, or by the State of Michigan or the County
of Jackson, whose duty it is to preserve the peace or to make an
arrest or to enforce the law, and includes game, fish or forest
wardens, members of the State Police, Conservation Officers or fire
fighters.
5. Person. The term "person" shall include state and local
officers and employees, individuals, corporations, co-partnerships
and associations.
6. Poultry means all domestic fowl, ornamental birds and game birds
possessed or being reared under the authority of a breeder's license
pursuant to Act 191 of the Public Acts of 1929, as amended. (MCL
317.71 et seq; MSA 13.1271 et seq.)
7. Public Place shall mean any street, alley, sidewalk, park, public
building, any
place of business open to or frequented by the public, and any other
place which is visible or accessible to the public.
8. Township shall mean the Township of Spring Arbor.
SECTION
4. DISORDERLY PERSON
A person is a disorderly person if the person is any of the following,
or the person aids or abets another to do such an act or engage
in any practice so as to be:
1.
A person who is intoxicated or under the influence of any narcotic
drug in any public place;
2. A person who disturbs the public peace and quiet by engaging
in a disturbance, fight, quarrel or altercation in a public place;
3. A person who collects or stands in crowds, or arrange, encourage,
or abet the
collection of persons in crowds for illegal or mischievous purposes
in any public place;
4. A person who obstructs, resists, impedes, hinders or opposes
a peace officer in the discharge of his or her official duties;
5. A person who furnished a peace officer with a false, forged,
fictitious or
misleading verbal or written information identifying the person
as another person, if the person is detained for investigating a
violation of a Statute or Township Ordinance, or temporarily detained
for the purpose of issuance of a civil infraction citation;
6. A person who summons, as a joke or prank or otherwise, without
any good reason therefore, by telephone or other wise, the police
of fire department or any public or private ambulance to go to any
address where the service called for is not needed;
7. A person who makes a false report, by telephone or otherwise,
to any public
official which may reasonably be expected to cause the evacuation
or closing of a building or place open to the public, or who knowingly
makes a false statement or report to a peace officer;
8. A person who is engaged in indecent or obscene conduct in a public
place,
including but not limited to the exhibition or exposure of his or
her genitalia or buttocks;
9. A person who urinates or defecates in a public place;
10. A person who spits or expectorates on, at or toward another
person;
11. A person who, without permission, peeps or peers into the windows
of any inhabited place that he or she does not own or occupy;
12. A person who prowls about any alley or the private premises
of another person in the nighttime, without authority or the permission
of the owner of such premises;
13. A person or a vagrant who wanders about the streets, either
by day or night, or loiters in any public building, without any
lawful means of support or without being able to give a satisfactory
account of himself;
14. A person found begging in a public place;
15. A person who knowingly attends, frequents, operates or loiters
in or about a place where gambling, the illegal sale of intoxicating
liquor, controlled substances, or any other illegal business or
occupation is permitted or conducted;
16. A person who maintains a gaming room, gaming table, or any policy
or pool
tickets, used for gaming; knowingly allows a gaming table, or any
policy or pool tickets to be kept, maintained, played or sold on
any premises occupied or controlled by him or her except as permitted
by law; conducts or attends any cock fight or dogfight; or places,
receives or transmits any bet on the outcome of any race contest,
or game of any kind whatsoever;
17. A person who loiters, loafs, wanders, stands or remains idle
in a public place so as to:
a.
Obstruct a public street, highway, sidewalk, place or building
by
hindering, impeding or threatening to hinder or impede the free
and uninterrupted passage of vehicles, traffic or pedestrians
therein or thereon; or,
b. Obstruct or interfere with the free and uninterrupted use of
property or business lawfully conducted by anyone in, upon, facing
or fronting any such public street, highway, sidewalk, place or
building so as to prevent the free and uninterrupted ingress or
egress thereto or therefrom; and who refuses or fails to forthwith
obey an order by a peace officer to cease such conduct and to
move and disperse;
18. A person who willfully enters the lands or premises of another
without lawful authority after having been forbidden to do so
by the owner or occupant, agent or servant of the owner or occupant;
or, a person who willfully enters or remains upon any Township
park, cemetery or any other Township property, after any regulated
and posted hours, or after being forbidden to be upon by either
written notice or verbal direction, by any Township employee,
officer or other designated person;
19. A person who willfully enters the lands or premises of another
and who neglects or refuses to depart from the land or premises
of another after being notified by the owner or occupant, agent
or servant of the owner or occupant to depart therefrom;
20. A person who is not a regularly enrolled student, or parent
or guardian of a regularly enrolled student, or teacher or other
employee shall not enter or remain in any school building, or
on any surrounding school grounds, whether public, private or
parochial, in the Township of Spring Arbor, for any reason whatever
unless such person has received permission from the principal,
or other person designated by the principal, to be in any such
public, private or parochial school building, or on such school
grounds;
21. A person who damages, destroys or defaces any public, private
or parochial school building, or any building occupied by any
public, private or parochial school or the grounds, outbuildings,
fences, trees or other appurtenances or' fixtures belonging thereto
in the Township of Spring Arbor;
22. A person who shall willfully or maliciously make, or assist
in making, any noise, disturbance or improper diversion by which
the peace, quietude or good order of any public, private or parochial
school within the Township of Spring Arbor is disturbed;
23. A person who shall use profane, indecent, or obscene language
or indulge in indecent or immoral conduct in any building or on
any property adjacent to any building in the Township of Spring
Arbor occupied as a public, private or parochial school;
24. A person who is under the age of eighteen (18) years of age
and possess or smokes cigarettes or cigars; or possess or chew,
suck, or inhale chewing tobacco or tobacco snuff; or possess or
use tobacco in any other form, on a public highway, street, alley,
park, or other lands used for public purposes, or in a public
place of business or amusement, or in any public, private or parochial
school building or surrounding school grounds, whether public,
private or parochial, in the Township of Spring Arbor;
25. A person who sells, gives, or furnishes any cigarette, cigar,
chewing tobacco, tobacco snuff, or tobacco in any other form to
a person under eighteen (18) years of age;
26. A person who knowingly sells, gives, or furnishes alcoholic
beverages, beer, liquor or spirits to any person under the age
of twenty-one (21) years or to any drunken, intoxicated or disorderly
person;
27. A person who possesses any open intoxicant or consumes any
alcoholic
beverages, beer, liquor or spirits while in or upon a public street,
sidewalk or non- licensed public place;
28. A person who is found jostling, shoving, pushing, or roughly
crowding people without permission in a public place;
29. A person who insults, accosts, molests, or otherwise annoys,
either by word or mouth, sign, or motion, any person in any public
place;
30. A person who makes or continues any loud noise which annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others within the limits of the Township, including
but not limited to:
a. Sounding any horn or signal device on any automobile, motorcycle,
bus, streetcar, or other vehicle for reason other than as a
signal in response to an imminent danger and implemented as
an immediate safety measure, for an unnecessary and unreasonable
duration, or unreasonably loudly or harshly;
b. Playing or amplifying any radio, phonograph, stereo tape
or disc player, or musical instrument in such a manner or with
such volume so as to annoy or disturb the quiet, comfort or
repose of persons in any place of business, or any dwelling,
hotel or other type of residence, or of any persons in the immediate
vicinity;
c. Yelling, shouting, hooting, whistling or singing on a public
street or sidewalk at any time or place, including private property,
so as to annoy or disturb the quiet, comfort or repose of any
persons in any place of business, or any dwelling, hotel or
other type of residence, or of any persons in the immediate
vicinity;
d. Blowing any whistle or siren, except as a warning of danger
or upon request and authority of proper Township authorities;
e. Discharging the exhaust of any steam engine, stationary internal
combustion engine, motor boat or motor vehicle into the open
air, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom;
f. Intentionally squealing the tires of any motor vehicle;
g. Erecting, excavating, demolishing, altering or repairing
any building, or excavating streets and highways, other than
between the hours of six o'clock a.m. and ten o'clock p.m.;
h. Creating loud and excessive noises in connection with the
loading or unloading of any vehicle, or the opening and destruction
of bales, boxes, crates and containers;
i. Creating noise with any drum, loudspeaker or other instrument
or device to attract attention to any performance, show or sale
or display of merchandise;
31.
A person who disables or attempts to disable, in whole or in part,
any motor vehicle owned or operated by another person, bjy any
means, including but not limited to deflating tires attached to
said motor vehicle, or placing a foreign substance in the motor
vehicle's fuel tank;
32. A person who throws or propels any snowball, rock, missile
or object from any moving vehicle;
33. A person who throws or otherwise propels any snowball or other
projectile at or toward any motor vehicle or person without authority
to do so;
34. A person who maliciously telephones any other person for the
purpose of
harassing, molesting, threatening, intimidating or annoying such
other person or his or her family, whether or not conversation
ensues;
35. A person, 17 years of age or older, who shall accost, solicit
or invite another in any public place, or in or from any building
or vehicle, by word, gesture or any other means, to commit prostitution
or to do any other lewd or immoral act;
36. A person who shall agree to engage in, or engage in any act
of prostitution;
37. A person who invites, entices, coaxes, persuades or induces
by threat, promise or false statement, any minor child under the
age of seventeen (17) years to enter any motor vehicle or conveyance,
or private property or place, except where the parent or guardian
of that child has given that person express consent; this section
shall not prohibit school personnel, peace officers or public
health or social worker personnel rom carrying out the normal
duties of their employment;
38. A person who transports, carries or has in his or her possession
in any public place or vehicle any firearm, dirk, stiletto, knife
having a blade of three inches in length or more, air rifle, bow
and arrow, slingshot, crossbow or other dangerous weapon except
hunting knives adapted and carried as such. This section shall
not apply where such transportation, carrying or possession:
a.
Is under the authority of a valid concealed weapons permit;
b. Occurs within the home, place of business or upon the land
of the person engaging in such transportation, carrying or possession;
c. Involves the transportation of an encased firearm for hunting
or target practice purposes;
d. When a bow or crossbow is unstrung or encased, or when it
is being carried under the direct supervision of authorized
public recreational personnel;
e. Involves the transportation of an encased firearm, dirk,
stiletto or other dangerous weapon from the place of purchase
to the home of the purchaser;
f. Where and as otherwise permitted by state law;
39.
A person who:
a.
Owns any animal and who permits the animal to run at large,
except,
however, that a dog engaged in hunting need not be leashed when
under the reasonable control of its owner;
b. Owns any dog of any age, licensed or unlicensed, wearing
a collar or not wearing a collar, except a leader dog for a
handicapped person accompanied by its owner, and who permits
the dog to be within the confines of any public park when such
park, by appropriate designation at its entrance, prohibits
dogs;
c. Owns an dog at any time, licensed or unlicensed, which destroys
property, real or personal, or trespasses in a damaging way
on property of persons other than the owner;
d. Owns any dog, cat, livestock, poultry, or other animal at
any time, licensed or unlicensed, which attacks or bites a person;
e. Owns any dog which shows vicious habits, including but not
limited to charging, snarling, growling, etc., or which molests
passersby when such persons are lawfully on a public highway,
right-of-way or adjacent property;
f. Owns, keeps, houses, tethers, or otherwise possesses or maintains
any animal in such a way or manner or in such location whereby
noises emanating from said animal, including but not limited
to loud and frequent barking, howling or yelping, shall cause
a disturbance or otherwise disrupt the peace, quiet and tranquility
of persons within the limits of the township, is a nuisance
in the neighborhood in which the animal is kept, possessed or
harbored. This section shall not apply to kennels lawfully operating
with the Township, except upon evidence of mistreatment of animals
situated therein;
g. Owns any livestock or poultry which is kept, possessed or
harbored within the boundaries of any nonagricultural area within
the Township;
h. Owns any dog or other animal which is not confined upon the
premises of the owner between sunset and sunrise of the following
day, except when the dog or other animal is otherwise under
the reasonable control of the owner;
i. Removes a collar or a tag from any dog or any other animal
without the
permission of its owner, or decoys or entices any dog or other
animal out
of an enclosure or off the property of its owner, or seizes,
molests or teases
any dog or other animal while held or led by any person or while
on the
property of its owner;
40.
A person who intentionally and maliciously kills, injures or maims
any animal,
livestock or poultry owned by another person. However, any person
may kill any dog or other animal which he or she sees in the act
of or actually attacking or wounding any person, livestock, poultry
or other animal, and there shall be no liability on such person
in damages or otherwise for such killing. In no event shall the
provisions of this subsection exonerate a person from compliance
with the criminal laws of this State, including, by way of example,
the safe discharge of firearms;
41. A person who fires, discharges, displays, sells or possesses
any of the following:
a. Firecrackers, torpedoes, skyrockets, roman candles, bottle
rockets, whistling chasers, rockets on sticks or other fireworks
of like construction containing more than .25 grams of explosive
mixture;
b. Fireworks containing an explosive or flammable compound or
a tablet or other device commonly used and sold as fireworks containing,
nitrates, fulminates, chlorates, oxalates, sulphides of lead,
barium, antimony, arsenic, mercury, nitroglycerine, phosphorous,
or a compound containing these or other modern explosives;
42. A person who commits an assault or an assault and battery
on any person;
a.
Spouse Abuse. A peace officer who has reasonable cause to believe
that a violation of Section 81 or 8 la of Act No. 328 of the
Public Acts of 1931, as amended, being Sections 750.81 and 750.81a
of the Michigan Compiled Laws, has taken place and that the
person who committed or is committing the violation is a spouse,
a former spouse, having a child in common, or a person residing
or having resided in the same household as the victim, may arrest
the violator without a warrant for that violation, irrespective
of whether the violation was committed in the presence of a
peace officer.
SECTION
5. VIOLATING PERSON
Any person(s) who shall act in any manner described in Section 3
above or Section 6 below, shall be deemed in violation of this Ordinance
and, upon conviction, shall be punished as set forth in Section
7 below, whether or not said person(s) had been ordered by a peace
officer that such conduct or violation cease, except as otherwise
specifically provided herein.
SECTION
6. EXCEPTIONS
None of the terms or prohibitions hereof shall apply to or be enforced
against:
1. The operation of any vehicle of the Township while engaged upon
necessary public business;
2. Excavation or repairs of bridges, streets, highways, sewers or
water mains by or on behalf of the Township or the State during
the night when the public welfare and convenience renders it impossible
to perform such work during the day.
SECTION
7. PARENTAL RESPONSIBILITY
No parent, guardian, or other person having charge, guardianship,
custody or control of any minor under the age of seventeen (17)
years shall encourage, knowingly permit or by inefficient control
allow the minor to violate a provision of this Ordinance. Proof
that the minor was convicted of violating this Ordinance shall be
prima facie evidence that the minor's parent or guardian allowed
or encouraged the minor to violate such Section.
SECTION
8. PENALTIES AND REMEDIES FOR VIOLATIONS
Any person violating any provision of Section 3 above, shall be
deemed guilty of a misdemeanor. Penalties may be imposed up to ninety
(90) days of incarceration in the County Jail of Jackson County
and/or fines up to Five Hundred ($500.00) Dollars plus the cost
of prosecution. Any person violating any provisions of this Ordinance
shall be deemed responsible for a civil infraction. Penalties may
be imposed in fines up to One Hundred ($100.00) Dollars plus the
cost of prosecution. In addition, any violation of this Ordinance
shall be deemed a nuisance per se, permitting the Township Board,
its officers, agents or any private citizen to take such action
in any court of competent jurisdiction to cause the abatement of
such nuisance, including injunctive relief.
SECTION
9. SAVINGS CLAUSE
All proceedings pending and all rights and liabilities existing,
or incurred at the time this Ordinance takes effect are saved and
may be consummated according to the law in effect when they are
commenced. This Ordinance shall not be construed to affect any prosecution
pending or initiated before the effective date of this Ordinance,
or initiated after the effective date of this Ordinance for an offense
committed before that effective date.
SECTION
10. CONFLICTING ORDINANCE REPEALED
Any Ordinance or parts of Ordinances in conflict or inconsistent
with any of the provisions of this Ordinance are hereby repealed.
SECTION
11. SEVERABILITY
If any section, paragraph, clause, phrase or part of this Ordinance
is held invalid by any Court of competent jurisdiction, or by any
agency, department or commission empowered by Statute for such purpose,
such decision shall not affect the validity of the remaining provisions
of this Ordinance, and the application of those provisions to any
person or circumstances shall not be affected thereby.
SECTION
12. PURPOSE OF ORDINANCE
This Ordinance is declared necessary for the preservation of the
public peace, health, safety and welfare of the people of the Township
of Spring Arbor.
SECTION
13. EFFECTIVE DATE
This Ordinance shall be published in the manner provided by law
and shall take effect thirty (30) days after publication.
MEMBERS PRESENT: DeGraaf, DeVries, Melchiori, Fortress, Ganton,
Short, Videto MEMBERS ABSENT: None
AYES: Fortress., Short, Melchiori, Videto, Ganton, DeVries, DeGraaf
None
NAYS:
March 13. 2000 April 21. 2000
Adopted: Effective:
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