Chapter 38
OFFENSES AND MISCELLANEOUS PROVISIONS*
__________
*Cross references: Animals, ch. 6; fire prevention and
protection, ch. 34; parks and recreation, ch. 42; traffic and vehicles, ch. 54;
vegetation, ch. 62.
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Article I. In General
Sec. 38-1. Penalty for violation of
chapter.
Sec. 38-2. Nonpayment of admission
fees.
Sec. 38-3. Consumption of liquor in
public place.
Sec. 38-4. Disobeying valid posted
signs.
Sec. 38-5. Drug paraphernalia.
Sec. 38-6. Fireworks.
Secs. 38-7--38-25. Reserved.
Article II. Offenses
Affecting Governmental Functions
Sec. 38-26. Furnishing of false name or
address.
Sec. 38-27. Township premises.
Secs. 38-28--38-45. Reserved.
Article III. Offenses
Against Property
Sec. 38-46. Trespass.
Sec. 38-47. Destruction, damaging or defacement of property.
Secs. 38-48--38-70. Reserved.
Article IV. Offenses Against Public Peace
Sec. 38-71. Breach of peace.
Sec. 38-72. Creation of noise.
Sec. 38-73. Tumultuous conduct.
Sec. 38-74. Disturbing worship or any other assembly.
Sec. 38-75. Loitering.
Sec. 38-76. Sound amplification.
Sec. 38-77. Sale, gift or furnishing of alcoholic beverages to drunk or
disorderly persons.
Sec. 38-78. Social gathering or party.
Sec. 38-79. Telephone use.
Secs. 38-80--38-100. Reserved.
Article V. Offenses Against Public Morals
Sec. 38-101. Indecent or obscene conduct.
Sec. 38-102. Indecent exposure.
Sec. 38-103. Language or gestures causing public disorder.
Sec. 38-104. Fortunes or speculation games.
Secs. 38-105--38-125. Reserved.
Article VI. Offenses Against Public Safety
Sec. 38-126. Possession of knives or other deadly weapons or instruments.
Sec. 38-127. Threatening communications.
Secs. 38-128--38-145. Reserved.
Article VII.
Enforcement Expenses
Sec. 38-146. Purpose of article.
Sec. 38-147. Definitions.
Sec. 38-148. Liability of persons for unreasonable resistance.
Sec. 38-149. Collection of extra expenditures.
Sec. 38-150. Failure to pay.
Secs. 38-151--38-170. Reserved.
Article VIII.
Municipal Civil Infractions
Sec. 38-171. Definitions.
Sec. 38-172. Designation of authorized township officials.
Sec. 38-173. Commencement of action.
Sec. 38-174.
Citations--Issuance and service.
Sec. 38-175.
Same--Contents.
Sec. 38-176. Municipal ordinance violations bureau.
Sec. 38-177. Failure to appear; penalty for violation of article.
Sec. 38-178. Schedule.
Secs. 38-179--38-190. Reserved.
Article IX. Curfew
for Minors
Sec. 38-191. Minors under 12 years of age.
Sec. 38-192. Minors under 16 years of age.
Sec. 38-193. Aiding
or abetting; violation.
Secs. 38-194--38-200. Reserved.
Article X. Engine
Braking
Sec. 38-201. Definitions.
Sec. 38-202. Prohibited.
Sec. 38-203. Penalty.
ARTICLE I. IN GENERAL
Sec. 38-1. Penalty for violation of
chapter.
Any person who violates any provision of this chapter shall
be guilty of a misdemeanor and shall be punished by a fine in an amount of not
more than $500.00 or by imprisonment for not more than 90 days or by both such
fine and imprisonment.
(Ord. No. 135, § IV, 10-23-78; Ord. No. 2000-03, 8-28-00)
Sec. 38-2. Nonpayment of admission
fees.
It shall be unlawful for any person within the township to
enter into any place, area or building or any part thereof, without having
first paid any fee, charge or other consideration required for admission.
(Ord. No. 135, § II(20), 10-23-78)
Sec. 38-3. Consumption of liquor in
public place.
It shall be unlawful for any person within the township to
consume alcoholic liquor in or upon any public street, or other public place,
or place or parking lot open to the public, including any store or
establishment doing business with the public not licensed to sell alcoholic
liquor for consumption on the premises.
(Ord. No. 135, § II(19), 10-23-78)
Sec. 38-4. Disobeying valid posted
signs.
It shall be unlawful for any person within the township to
disobey any validly posted signs in any public park or other public place.
(Ord. No. 135, § II(17), 10-23-78)
Sec. 38-5. Drug paraphernalia.
(a) It shall be
unlawful for any person to use, possess, deliver or possess with intent to use
or deliver drug paraphernalia knowing, or under the circumstances where one
should reasonably know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, replace, store, contain, conceal, inject, ingest, inhale or
otherwise introduce into the human body a drug unless prescribed by a
physician, or otherwise expressly permitted or licensed by federal or state
law.
(b) As used in
this ordinance, "drug paraphernalia" means any equipment, product,
material, or combination of equipment, products, or materials, which is
specifically designed for use in planting; propagating; cultivating; growing;
harvesting; manufacturing; compounding; converting; producing; processing;
preparing; testing; analyzing; packaging; repackaging; storing; containing;
concealing; injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance; including, but not limited to, all of the
following:
(1) An
isomerization device specifically designed for use in increasing the potency of
any species of plant which plant is a controlled substance.
(2) Testing
equipment specifically designed for use in identifying or in analyzing the
strength, effectiveness, or purity of a controlled substance.
(3) A weight
scale or balance specifically designed for use in weighiing or measuring a
controlled substance.
(4) A diluent or
adulterant, including, but not limited to, quinine hydrochloride, mannitol,
mannite, dextrose, and lactose, specifically designed for use with a controlled
substance.
(5) A separation
gin or sifter specifically designed for use in removing twigs and seed from, or
in otherwise cleaning or refining, marijuana.
(6) An object
specifically designed for use in ingesting, inhaling or otherwise introducing
marijuana, cocaine, hashish, or hashish oil into the human body.
(7) A kit
specifically designed for use in planting, propagating, cultivating, growing,
or harvesting any species of plant which is a controlled substance or from
which a controlled substance can be derived.
(8) A kit
specifically designed for use in manufacturing, compounding, converting,
producing, processing, or preparing controlled substances.
(9) A device,
commonly known as a cocaine kit, that is specifically designed for use in
ingesting, inhaling, or otherwise introducing controlled substances into the
human body, and which consists of at least a razor blade and a mirror.
(Ord. No. 9703, § II.A.23, 1-12-98)
Sec. 38-6. Fireworks.
It shall be unlawful for any person within the township to
discharge, offer for sale, or possess any fireworks except of the type and
under the conditions permitted by state law.
(Ord. No. 2005-02, 4-25-05)
Secs. 38-7--38-25. Reserved.
ARTICLE II. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS*
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*Cross references: Fire prevention and protection, ch. 34.
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Sec. 38-26. Furnishing of false name or
address.
It shall be unlawful for any person within the township to
knowingly furnish to any police officer, or other official of the township, a
false name or address in connection with an arrest for the commission of any
crime or misdemeanor.
(Ord. No. 135, § II(21), 10-23-78)
Sec. 38-27. Township premises.
It shall be unlawful for any person to loiter within the
township or to remain on the premises of any township building, or any lands or
properties owned by the township, unless such person is present for the purpose
of conducting business with township officials or attending, participating in
or observing any hearing or meeting or recreational gathering held in such
township buildings or property.
(Ord. No. 2005-02, 4-25-05)
Secs. 38-28--38-45. Reserved.
ARTICLE III. OFFENSES AGAINST PROPERTY
Sec. 38-46. Trespass.
Any person who shall willfully enter upon the lands or
premises of another without lawful authority, after having been forbidden so to
do, or after such lands or premises have been previously posted with a
conspicuous notice forbidding any trespass thereon by the owner or occupant, or
agent or servant of the owner or occupant, or any person being upon the land or
premises of another, upon being notified to depart therefrom by the owner or
occupant, or agent or servant of either, who, without lawful authority neglects
or refuses to depart therefrom, shall be guilty of a misdemeanor.
(Ord. No. 135, § II(18), 10-23-78)
State law references: Similar provisions, MCL 750.552.
Sec. 38-47. Destruction, damaging or defacement of property.
It shall be unlawful for any person within the township to
willfully destroy or damage in any manner, deface, destroy, injure or tamper
with any property not his own, or without proper authority, or in any manner
mar the walls of any building or any fence, tree or pole within the township,
or take, or meddle with any property belonging to the township or remove the
same from the building or place where it may be kept, placed, standing, or
stored, without authority from the official custodian of such property.
(Ord. No. 135, § II(5), 10-23-78)
Secs. 38-48--38-70. Reserved.
ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE
Sec. 38-71. Breach of peace.
(a) Any person
who shall make or assist in making any noise, disturbance, trouble, or improper
diversion, or any rout or riot, by which the peace and good order of the
township is disturbed, shall be guilty of a misdemeanor.
(b) Any person
who shall permit or allow any loud noises, electrical, mechanical, human or
animal in origin, to be emitted from any place occupied or controlled by
him/her so as to disturb unnecessarily and without reasonable cause the quiet,
comfort, or repose of any person or persons shall be guilty of a misdemeanor.
(Ord. No. 135, § IIA(9), 10-23-78;
Ord. No. 2000-03, 8-28-00; Ord. No. 2005-02, 4-25-05)
State law references: Disturbing public places, MCL 750.170.
Sec. 38-72. Creation of noise.
Loud noise is defined as a sound which is disagreeable or
loud, destroying the peace and tranquility of any person or persons within the
surrounding neighborhood.
It shall be unlawful for any person within the township to:
(1) Create any
loud noises by the erection, including excavation therefore, demolition,
alteration, maintenance or repair of any property or the excavation of any
streets or highways at any time, except between the hours of 7:00 a.m. and
11:00 p.m., except as may be necessary for emergency construction operations or
repairs, or as may be necessary as determined by the board.
(2) Create or
allow any loud noises by the use of machinery, including motor vehicles or
motor equipment, manufacturing or industrial processes of any kind, at a place
so as to reasonably disturb the peace and quiet, or comfort or repose of any
person in a residential home or unit between the hours of 11:00 p.m. and 7:00
a.m., provided such noise continues for a period of three minutes or more, or,
if of shorter duration, is intermittent so that the noise occurs at least three
times within a one-hour period or as may be necessary as determined by the
board.
(3) Gun or race
the engine of any motor vehicle, including any motorcycle or motor driven cycle
or boat or snowmobile, or run or operate a motor vehicle, motorcycle or motor
driven cycle or snowmobile without a muffler in good working order (one which
in constant operation prevents excessive or unusual noise and annoying smoke);
a person shall not remove, destroy, or damage any of the baffles contained in the
muffler, nor shall a person use a muffler cutout, bypass, or similar device
upon a motorcycle, motor driven cycle or any motor vehicle or snowmobile at any
place within the township;
(4) Operations
or activities which cause or create measurable noise levels exceeding the
maximum sound intensity levels measured in decibels as prescribed in this
section, as measured at or within five feet of any home or residential unit,
between the hours of 11:00 p.m. and 7:00 a.m.:
a. Pre-1960
octave, American Standards Association, Z24.
TABLE INSET:
Octave Band
Cycles Per Second Decibels
00 to 74 70
75 to 149 62
150 to 299 56
300 to 599 49
600 to 1,199 44
1,200 to 2,399 39
2,400 to 4,799 33
4,800 and above 31
b. Post-1960
preferred frequencies.
TABLE INSET:
Cycles Per Second Decibels
31.5 72
63 68
125 62
250 57
500 50
1,000 46
2,000 39
4,000 32
8,000 28
(Ord. No. 135, § II(15), 10-23-78;
Ord. No. 2001-03, 11-26-01; Ord. No. 2005-02, 4-25-05)
Sec. 38-73. Tumultuous conduct.
No person shall disturb, incite or aid in disturbing the
public peace by loud, violent, tumultuous, offensive or obstreperous conduct,
or party or shall make or participate in making any improper noise or
disturbance, riot or breach of the peace, or shall engage in any illegal or
improper act. No person shall knowingly permit any such conduct upon any
premises owned or possessed by him or under his control.
(Ord. No. 135, § IIA(6), 10-23-78;
Ord. No. 2005-02, 4-25-05)
Sec. 38-74. Disturbing worship or any other assembly.
It shall be unlawful for any person to disturb or disquiet
any congregation or assembly met for religious worship or any other assembly
gathered for lawful purposes by making any noise or making any profane discourse
or engaging in any indecent behavior in or near the place of worship as to
disturb the solemnity of the meeting.
(Ord. No. 135, § IIA(10), 10-23-78;
Ord. No. 2005-02, 4-25-05)
Sec. 38-75. Loitering.
(a) In this
section the following words and phrases shall have the meanings respectively
ascribed to them:
Loitering means remaining idle in essentially one location
and shall include the concept of spending time idly, to be dilatory, to linger,
to stay, to saunter, to delay, to stand around, and also includes the
colloquial expression "hanging around."
Public place means any place to which the general public has
access and a right of resort for business, entertainment or for lawful purpose,
but does not necessarily mean a place devoted solely to the uses of the public.
It shall also include the front or immediate area of any store, shop,
restaurant, tavern or other place of business and also public grounds, areas or
parks.
(b) It shall be
unlawful for any person within the township to loiter, loaf, wander, stand or
remain idle either alone or in consort with others in a public place in such
manner so as to:
(1) Obstruct any
public street, public highway, public sidewalk or any other public place or
building by hindering or impeding or tending to hinder or impede the free and
uninterrupted passage of vehicles, traffic or pedestrians after having been
told to move on by a police officer.
(2) Commit in or
upon any public street, public highway, public sidewalk or any other public
place or building any act or thing which is an obstruction or interference to
the free and uninterrupted use of property or with any business lawfully
conducted by anyone in or upon or facing or fronting on any such public street,
public highway, public sidewalk or any other public place or building, all of
which prevents the free and uninterrupted ingress, egress and regress therein,
thereon and thereto after having been told to move on by a police officer.
(3) Obstruct the
entrance to any business establishment, without so doing for some lawful
purpose, if contrary to the expressed wish of the owner, lessee, managing agent
or person in control or charge of the building or premises.
(4) Collect or
stand in crowds for illegal or mischievous purposes in any public place.
(Ord. No. 135, § IIA(7), 10-23-78;
Ord. No. 2005-02, 4-25-05)
State law references: Certain loiterers deemed disorderly
persons, MCL 750.167.
Sec. 38-76. Sound amplification.
(a) It shall be
unlawful for any person within the township to create any loud noises or use
any loudspeaker, sound amplifier or other electrical or mechanical device
intended to increase the volume of sound at any place within the township in
such a manner as to disturb unnecessarily and without reasonable cause the
quiet, comfort or repose of any person.
(b) It shall be
unlawful for any person within the township to create any loud noise by the
playing, using, operating, or permitting to be played, used or operated, a
radio, "boom box," receiving set, stereo, or other electronic sound
device inside or outside of a parked or moving motor vehicle (including
motorcyles and mopeds), so as to produce sound that is clearly audible at a
distance of 50 feet from the vehicle between the hours of 7:00 a.m. and 11:00
p.m., or clearly audible at a distance of 25 feet from the vehicle between the
hours of 11:00 p.m. and 7:00 a.m.
(Ord. No. 135, § II(14), 10-23-78;
Ord. No. 9702, 3-9-98)
Sec. 38-77. Sale, gift or furnishing of alcoholic beverages to drunk or
disorderly persons.
It shall be unlawful for any person within the township to
knowingly sell, give, or furnish liquor, wine, or beer to any drunken,
intoxicated or disorderly person.
(Ord. No. 135, § II(16), 10-23-78)
Sec. 38-78. Social gathering or party.
(a) It shall be
unlawful for any person within the township to use any premises or suffer any
premises under his/her or its control to be used so as to destroy the peace and
tranquility of any person or persons within the surrounding neighborhood. This
includes, but is not limited to, any person who is the owner, occupant, tenant
or has any other possessory interest or premises in the township, who either
sponsors, conducts, hosts, invites, suffers, permits, continues, or allows to
continue a social gathering or party which is, or during the course thereof
becomes, a nuisance party as defined in subparagraph (b) below.
(b) It shall be
unlawful for any person within the township to sponsor, conduct, host, invite,
suffer, permit, continue or allows to continue a
nuisance party, as hereinafter defined. For the purpose of this subsection, the
term "nuisance party" means a social gathering or party which is
conducted on premises in the township and which, by reason of the conduct of
those persons in attendance, results in any one or more of the following
occurrences or conditions:
1. Consumption
of alcoholic beverages in public or public drunkenness so as to cause a public
disturbance;
2. Public
urination or defecation;
3. The unlawful
sale or furnishing to minors or consumption by minors of alcoholic beverages;
4. The unlawful
deposit of trash or litter on public or private property that belongs to
others;
5. The
destruction of public or private property;
6. The
generation of pedestrian or vehicular traffic or parking of motor vehicles
which obstruct the free flow of residential traffic or interferes with the
ability to render emergency services;
7. Excessive,
unnecessary or unusually load noise which disturbs the comfort and quiet repose
of the neighborhood;
8. Public
disturbances, brawls, fights or quarrels;
9. Assembly of
persons in excess of limits imposed by conditions, rules or requirements of
lease or occupancy agreement;
10. Any similar
conduct which annoys, injures, or endangers the safety, health, comfort, or
repose of the neighboring residents;
11. Any conduct
which results in indecent or obscene conduct, or immoral exhibition or indecent
exposure by persons at the social gathering.
(Ord. No. 2005-02, 4-25-05)
Sec. 38-79. Telephone use.
It shall be unlawful for any person within the township to,
by the use or means of telephone perform any of the following:
(a) Disturb the
peace, quiet, or privacy of any other person or family by repeated calls
intended to harass or annoy the person or family to whom the calls are made;
(b) Use obscene
or offensive language, or suggest any lewd or lascivious act;
(c) Attempt to
extort money or anything of value from any persons;
(d) Threaten any
physical violence or harm to any person;
(e) Repeatedly
and continuously ring the telephone of any person with intent to disturb or
harass such person;
(f) Knowingly
and intentionally make false report of a crime, fire, traffic crash, or medical
emergency.
(Ord. No. 2005-02, 4-25-05)
Secs. 38-80--38-100. Reserved.
ARTICLE V. OFFENSES AGAINST PUBLIC MORALS
Sec. 38-101. Indecent or obscene conduct.
It shall be unlawful for any person within the township to
engage in any indecent or obscene conduct in any public place.
(Ord. No. 135, § IIA(1), 10-23-78)
State law references: Such person deemed a disorderly
person, MCL 750.167(1)(f).
Sec. 38-102. Indecent exposure.
It shall be unlawful for any person within the township to
knowingly make any open or indecent exposure of his person or the person of
another.
(Ord. No. 135, § IIA(1), 10-23-78;
Ord. No. 2005-02, 4-25-05)
State law references: Similar provisions, MCL 750.335a.
Sec. 38-103. Language or gestures causing public disorder.
A person shall be deemed guilty of a misdemeanor if, with
the purpose of causing public danger, alarm, disorder or nuisance, or if his
conduct is likely to cause public danger, alarm, disorder or nuisance, such
person willfully uses abusive or obscene language or makes an obscene gesture
to any other person when such words by their very utterance inflict injury or
tend to incite an immediate breach of the peace.
Sec. 38-104. Fortunes or speculation games.
It shall be unlawful for any person within the township to
tell or pretend to tell fortunes for hire, gain, reward or profit whether by
means of cards, token trances, inspection of the hands or skull, mind reading,
consulting the movements of the heavenly bodies, or otherwise; or for hire,
gain reward or profit pretend to enable another to recover lost or stolen
property, pretend to give success in any business enterprise, speculation or
game of chance, or by improper means induce any person to dispose of property
in favor of another;
(Ord. No. 2005-02, 4-25-05)
Secs. 38-105--38-125. Reserved.
ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY
Sec. 38-126. Possession of knives or other deadly weapons or instruments.
It shall be unlawful for any person within the township to
possess a knife, dagger, dirk, razor, stiletto, machete or knife with a blade
over three inches long, or a club, nightstick, bludgeon weapon of the martial
arts or any other deadly weapon or instrument without a legitimate cause which
is related to the person's occupation or business and except on the person's
own private property.
(Ord. No. 135, § II(22), 10-23-78)
Sec. 38-127. Threatening communications.
(a) It shall be
unlawful for any person within the township to verbally or by delivery of a
written or electronic communication, threaten any physical violence or harm to
any person or any member of such person's family.
(b) It shall be
unlawful for any person within the township to deliver or cause to be delivered
any letter, postal card, electronic writing or other object containing obscene
language or containing any words, letters, or marks with the intent to
frighten, intimidate, or cause annoyance to any other person and/or with the
intent to extort or gain money or property of any description belonging to
another.
(Ord. No. 2005-02, 4-25-05)
Secs. 38-128--38-145. Reserved.
ARTICLE VII. ENFORCEMENT EXPENSES
Sec. 38-146. Purpose of article.
(a) The township
determines that part of its normal service is to notify all residents,
inhabitants and persons within the township of all its ordinances, rules, and
regulations, so as to provide for a safe, healthful community for all persons
to live, rest, work and reside. In excess of 99 percent of those persons within
the township voluntarily comply with its ordinances, rules and regulations and
less than one percent refuse to comply. Extra
expenditures are made by the township to enforce compliance. The township has
determined that the extra expenses caused by those who unreasonably refuse to
comply with the township ordinances should not be borne in entirety by the
residents of the township but should be borne by those who arbitrarily,
unreasonably and voluntarily refuse to comply.
(b) Such
assessment of costs are not considered a punishment for violation of any
township ordinance but an equitable assessment of extra costs and expenses
incurred by the township against those who voluntarily and arbitrarily continue
to refuse to comply with the township rules, ordinances and regulations.
(Ord. No. 154, § 2, 3-12-90)
Sec. 38-147. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Extra expenditures means the actual costs and expenses of
the township including charges by legal, professional or other contract service
hired by the township and operating under the request or direction of the township
reasonably necessary to require compliance by any person with the township
ordinance, rules or regulations, specifically excluding, however, any costs,
services or time expended by township employees.
Notice by township means written communication to any person
from the township to such person at their last known address by regular mail,
and includes a copy of the ordinance, rules or regulations and specific details
on the alleged violation thereof.
Unreasonable resistance means a failure to comply with
township ordinances, rules or regulations after being notified by the township
of the existence of the ordinance, rule or regulation, and the failure to
comply with the township ordinance, and thereafter continued violation and
failure to comply with the township ordinance for a period of 60 days or more
after such notice.
(Ord. No. 154, § 3, 3-12-90)
Cross references: Definitions generally, § 1-2.
Sec. 38-148. Liability of persons for unreasonable resistance.
Any person who violates township ordinances, rules or
regulations and who unreasonably resists compliance with such ordinance, rules
or regulations shall be liable to the township for the extra expenditures made
by the township in order to require that person to conform with
the township ordinance, rules or regulations.
(Ord. No. 154, § 4, 3-12-90)
Sec. 38-149. Collection of extra expenditures.
The township clerk on the direction of the township
supervisor may bill for extra expenditures when incurred and paid by the
township from time to time, but in no event shall such billing occur more than
90 days after the entire matter is resolved, terminated or the unusual
resistance is settled and completed. The billing shall be mailed to the
offending person or entity by first class mail at his last known address and
shall be payable within 30 days from the date of billing.
(Ord. No. 154, § 5, 3-12-90)
Sec. 38-150. Failure to pay.
Any failure by the person described in this article is
liable for extra expense to pay the bill within 30 days from service shall be
considered in default. In case of default, the township may commence civil suit
to recover the expenses as set forth on the bill.
(Ord. No. 154, § 6, 3-12-90)
Secs. 38-151--38-170. Reserved.
ARTICLE VIII. MUNICIPAL CIVIL INFRACTIONS*
__________
*Cross references: Penalties, § 1-11.
__________
Sec. 38-171. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Act means Act No. 236 of the Public Acts of Michigan of 1961
(MCL 600.8701 et seq.), as amended.
Authorized township official means a police officer or other
personnel of the township authorized by this article or any ordinance to issue
municipal civil infraction citations or municipal civil infraction violation
notices.
Bureau means the 58th District Court, as established by this
article.
Municipal civil infraction action means a civil action in
which the defendant is alleged to be responsible for a municipal civil
infraction.
Municipal civil infraction citation means a written
complaint or notice prepared by an authorized township official, directing a
person to appear in court regarding the occurrence or existence of a municipal
civil infraction violation by the person cited.
Municipal civil infraction violation notice means a written
notice prepared by an authorized township official, directing a person to
appear at the township Municipal Ordinance Violations Bureau and to pay the
fine and costs, if any, prescribed for the violation by the schedule of civil
fines adopted by the township, as authorized under sections 8396 and 8707(6) of
the Act.
(Ord. No. 384, § I(119.2), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Cross references: Definitions generally, § 1-2.
Sec. 38-172. Designation of authorized township officials.
The following personnel of the township have the authority
to issue municipal civil infraction citations and municipal civil infraction
violation notices, pursuant to this article:
(1) Police
officers.
(2) Fire chief.
(3) Building/zoning
inspector.
(4) Plumbing
inspector.
(5) Mechanical
inspector.
(6) Electrical
inspector.
(7) Code enforcement
officer.
(8) Township
supervisor.
(9) Department
of public works director.
(10) Township
clerk.
(Ord. No. 384, § I(119.3), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Sec. 38-173. Commencement of action.
A municipal civil infraction action may be commenced upon
the issuance by an authorized township official of a municipal civil infraction
citation directing the alleged violator to appear in court, or a municipal
civil infraction violation notice, directing the alleged violator to appear at
the township Municipal Ordinance Violations Bureau.
(Ord. No. 384, § I(119.4), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Sec. 38-174.
Citations--Issuance and service.
Municipal civil infraction citations shall be issued and
served by authorized township officials as follows:
(1) Appearance
time. The time for appearance specified in a citation shall be within a
reasonable time after the citation is issued.
(2) Appearance
place. The place for appearance shall be specified in the citation.
(3) Numbering.
Each citation shall be numbered consecutively and shall be in a form approved
by the state court administrator. The original citation shall be retained by
the township and issued to the alleged violator as provided by section 8705 of
the Act.
(4) Oath. A
citation for a municipal civil infraction, signed by an authorized township
official, shall be treated as made under oath if the violation alleged in the
citation occurred in the presence of the official signing the complaint and if
the citation contains the following statement immediately above the date and
signature of the official: "I declare under the penalties of perjury that
the statements above are true to the best of my information, knowledge and
belief."
(5) Duty of
person witnessing civil infraction. An authorized township official who
witnesses a person commit a municipal civil infraction shall prepare and
subscribe, as soon as possible and as completely as possible, an original and
required copies of a citation.
(6) Reasons for
issuance. An authorized township official may issue a citation to a person if:
a. Based upon
investigation, the official has reasonable cause to believe that the person is
responsible for a municipal civil infraction; or
b. Based upon
investigation of a complaint by someone who allegedly witnessed the person
commit a municipal civil infraction, the official has reasonable cause to
believe that the person is responsible for an infraction and if the township
attorney approves in writing the issuance of the citation.
(7) Service.
Municipal civil infraction citations shall be served by an authorized township
official as follows:
a. Except as
provided by subsection (7)b of this section, an
authorized township official shall personally serve a copy of the citation upon
the alleged violator.
b. If the
municipal civil infraction action involves the use or occupancy of land, a
building or other structure, a copy of the citation does not need to be
personally served upon the alleged violator, but may be served upon an owner or
occupant of the land, building or structure by posting the copy of the citation
on the land or attaching the copy to the building or structure. In addition, a
copy of the citation shall be sent by first class mail to the owner of the
land, building or structure at the owner's last known address.
(Ord. No. 384, § I(119.5), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Sec. 38-175.
Same--Contents.
(a) A municipal
ordinance citation shall contain the name and address of the alleged violator,
the township ordinance alleged to have been violated, the place where the
alleged violator shall appear in court, the telephone number of the court, and
the time at or by which the appearance shall be made.
(b) Further, the
citation shall inform the alleged violator that he may do one of the following:
(1) Admit
responsibility for the municipal civil infraction by mail, in person, or by
representation, at or by the time specified for appearance.
(2) Admit
responsibility for the municipal civil infraction with explanation by mail by
the time specified for appearance, or in person or by representation.
(3) Deny
responsibility for the municipal civil infraction by doing either of the
following:
a. Appearing in
person for an informal hearing before a judge or district court magistrate,
without the opportunity of being represented by an attorney, unless a formal
hearing before a judge is requested by the township.
b. Appearing in
court for a formal hearing before a judge, with the opportunity of being
represented by an attorney.
(c) The citation
shall also inform the alleged violator of all of the following:
(1) If the
alleged violator desires to admit responsibility with explanation, in person or
by representation, the alleged violator must apply to the court in person, by
mail, by telephone, or by representation within the time specified for
appearance and obtain a scheduled date and time for an appearance.
(2) If the
alleged violator desires to deny responsibility, the alleged violator must
apply to the court in person, by mail, by telephone, or by representation
within the time specified for appearance and obtain a scheduled date and time
to appear for a hearing, unless a hearing date is specified on the citation.
(3) A hearing
shall be an informal hearing unless a formal hearing is requested by the
alleged violator or the township.
(4) At an
informal hearing the alleged violator must appear in person before a judge or
district court magistrate, without the opportunity of being represented by an attorney.
(5) At a formal
hearing the alleged violator must appear in person before a judge with the
opportunity of being represented by an attorney.
(d) The citation
shall contain a notice in boldface type that the failure of the alleged
violator to appear within the time specified in the citation or at the time
scheduled for a hearing or appearance is a misdemeanor and will result in entry
of a default judgment against the alleged violator on the municipal civil
infraction.
(Ord. No. 384, § I(119.6), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Sec. 38-176. Municipal ordinance violations bureau.
(a) Established.
The township hereby establishes a municipal ordinance violations bureau
(bureau), as authorized under section 8396 of the Act to accept admissions of
responsibility for municipal civil infractions in response to municipal civil
infraction violation notices issued and served by authorized township
officials, and to collect and retain civil fines and costs as prescribed by
this article or any ordinance.
(b) Location;
supervision; employees; rules and regulations. The bureau shall be located at
the 58th District Court, 3100 Port Sheldon, and shall be under the supervision
and control of the 58th District Court. The 58th District Court, subject to the
approval of the township, shall adopt rules and regulations for the operation
of the bureau.
(c) Disposition
of violations. The bureau may dispose only of municipal civil infraction
violations for which a fine has been scheduled and for which a municipal civil
infraction violation notice, as compared with a citation, has been issued. The
fact that a fine has been scheduled for a particular violation shall not
entitle any person to dispose of the violation at the bureau. Nothing in this
article shall prevent or restrict the township from issuing a municipal civil
infraction citation for any violation or from prosecuting any violation in a
court of competent jurisdiction. No person shall be required to dispose of a
municipal civil infraction violation at the bureau and may have the violation
processed before a court of appropriate jurisdiction. The unwillingness of any
person to dispose of any violation at the bureau shall not prejudice the person
or in any way diminish the person's rights, privileges and protection afforded
by law.
(d) Bureau
limited to accepting admissions of responsibility. The scope of the bureau's
authority shall be limited to accepting admissions of responsibility for
municipal civil infractions and collecting and retaining civil fines and costs
as a result of those admissions. The bureau shall not accept payment of a fine
from any person who denies having committed the offense or who admits
responsibility only with explanation, and in no event shall the bureau
determine, or attempt to determine, the truth or falsity of any fact or matter
relating to an alleged violation.
(e) Municipal
civil infraction violation notices. Municipal civil infraction violation
notices shall be issued and served by authorized township officials under the
same circumstances and upon the same persons as provided for citations in
section 38-174(6) and (7). In addition to any other information required by
this article or other ordinance, the notice of violation shall indicate the
time by which the alleged violator must appear at the bureau, the methods by
which an appearance may be made, the address and telephone number of the
bureau, the hours during which the bureau is open, the amount of the fine
scheduled for the alleged violation, and the consequences for failure to appear
and pay the required fine within the required time.
(f) Appearance;
payment of fines and costs. An alleged violator receiving a municipal civil
infraction violation notice shall appear at the bureau and pay the specified
fine and costs at or by the time specified for appearance in the municipal
civil infraction violation notice. An appearance may be made by mail, in
person, or by representation.
(g) Procedure
where admission of responsibility not made or fine not paid. If an authorized
township official issues and serves a municipal ordinance violation notice and
if an admission of responsibility is not made and the civil fine and costs, if
any, prescribed by the schedule of fines for the violation are not paid at the
bureau, a municipal civil infraction citation may be filed with the district
court, and a copy of the citation may be served by first class mail upon the
alleged violator at the alleged violator's last known address. The citation
filed with the court does not need to comply in all particulars with the
requirements for citations as provided by sections 8705 and 8709 of the Act,
but shall consist of a sworn complaint containing the allegations stated in the
municipal ordinance violation notice and shall fairly inform the alleged
violator how to respond to the citation.
(Ord. No. 384, § I(119.7), 7-21-94;
Ord. No. 2000-03, 8-28-00)
Sec. 38-177. Failure to appear; penalty for violation of article.
A person served with a municipal civil infraction citation,
as provided in section 38-174(7) who fails to appear
within the time specified in the citation or at the time scheduled for a
hearing or appearance is guilty of a misdemeanor, punishable by a fine of not
more than $500.00. Failure to appear will also result in the entry of a default
judgment on the municipal civil infraction.
(Ord. No. 384, § I(119.8), 7-21-94)
Sec. 38-178. Schedule.
The following violations are civil infractions under this
Code and are listed in the Schedule of Civil Fines (See Appendix C):
TABLE INSET:
Subject Section(s)
of this Code
Zoning Ordinance 1-5(12)
General penalty 1-11
Dog ordinance 6-27
Electrical Code 10-52
Mechanical Code 10-82
Property Maintenance Code 10-127
Moving of Buildings 10-176
Junk yard 14-28
Cable ordinance 16-1--16-3
Cemeteries 18-3
Dikes 26-27
Mineral mining 26-84(f)
Fire fighting equipment 34-4
Open burning 34-147
Parks and Recreation 42-3
Solid waste 46-4
Water system 58-28
Utilities 58-111(b)
Control of weeds and plant growth 62-28
(Ord. No. 9806, 6-22-98; Ord. No. 2000-03, 8-28-00)
Secs. 38-179--38-190. Reserved.
ARTICLE IX. CURFEW FOR MINORS
Sec. 38-191. Minors under 12 years of age.
No minor under the age of 12 years of age shall loiter, idle
or congregate in or on any public street, highway, alley or park between the
hours of 10:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent
or guardian, or some adult delegated by the parent or guardian to accompany the
child.
(Ord. No. 2005-03, § A, 1-10-05)
Sec. 38-192. Minors
under 16 years of age
A minor under the age of 16 years of age shall not loiter,
idle or congregate in or on any public street, highway, alley or park between
the hours of 12:00 midnight and 6:00 a.m. immediately following, except where
the minor is accompanied by a parent or guardian, or an adult delegated by the
parent or guardian to accompany the minor, or where the minor is upon an errand
or other legitimate business directed by his parent or guardian.
(Ord. No. 2005-03, § B, 1-10-05)
Sec. 38-193. Aiding
or abetting; violation.
Any person of the age of 16 years or over assisting, aiding,
abetting, allowing, permitting or encouraging any minor under the age of 16
years to violate the provisions of sections 38-191 and 38-192 above, hereof is
guilty of a misdemeanor.
(Ord. No. 2005-03, § C, 1-10-05)
Secs. 38-194--38-200. Reserved.
ARTICLE X. ENGINE
BRAKING
Sec. 38-201. Definitions.
For purposes of this section, "engine brakes" are
defined as an exhaust or exhaust manifold powered auxiliary braking system
found on trucks. The terms "truck" and "truck tractor" used
in this section shall have the same meaning as provided in the Michigan Motor
Vehicle Code, as amended from time to time.
(Ord. No. 2006-04, § 1, 6-12-06)
Sec. 38-202. Prohibited.
The township board hereby finds that engine brakes are an
auxiliary system and that drivers of trucks have other means of braking. In the
township, the use and application of engine brakes can be noisy and disruptive
of the peace and tranquility of nearby residential areas. The use and
application of engine brakes are hereby prohibited and are declared to be
unlawful within the borders of Georgetown Township (except in an emergency
situation) with the exception of fire apparatus.
(Ord. No. 2006-04, § 2, 6-12-06)
Sec. 38-203. Penalty.
A person who violates a prohibition on the use of engine
brakes within the borders of Georgetown Township under this article is
responsible for a municipal civil infraction.
(Ord. No. 2006-04, § 3, 6-12-06)