CHARTER TOWNSHIP OF BLACKMAN ORDINANCE NUMBER 36

Transcription

1 CHARTER TOWNSHIP OF BLACKMAN ORDINANCE NUMBER 36 At a regular meeting of the Township Board of the Charter Township of Blackman, County of Jackson, State of Michigan, held in the Township Hall on the 12th day of October, 2015 at 6 p.m., the following Ordinance was amended and passed: Ordinance 36. Police THE CHARTER TOWNSHIP OF BLACKMAN ORDAINS [HISTORY: Adopted by the Township Board of the Charter Township of Blackman as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Public safety See Ordinance 29. Fire See Ordinance 43. Fire/police charges See Ordinance 43, Art. I. Property use See Ordinance 55. Park regulations See Ordinance 85. Part 1. Alarms Article I. False Alarms on Commercial and Industrial Property [Adopted by Ord. No. 28; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. The purpose of this article is to regulate false alarms at commercial and industrial property Definitions. For purposes of this article, the following terms, when used herein, shall have the meanings: ALARM SYSTEM A device or devices designed or arranged to signal the existence of a hazard requiring the urgent response of public safety personnel. These systems include intrusion alarms or other alarms which require an emergency response by public safety personnel.

2 ALARM USER Any person, who owns, possesses, controls, or otherwise exercises dominion over commercial or industrial property upon which an alarm system is placed. FALSE ALARM The activation of an alarm system requiring an urgent response by the Public Safety Department where there is no immediate threat to life, safety, or property in, on or about the property from which the signal originated. A "false alarm" shall not include alarms caused by tornados, earthquakes, lightning, or other conditions beyond the control of the user. UNKNOWN ALARM The activation, due to causes that cannot be determined, of an alarm system requiring an urgent response by the Public Safety Department where there is no immediate threat to life, safety, or property in, on or about the property from which the signal originated Residential alarms. Owners of residential property shall be exempt from this article and the fees established by Township resolution False and unknown alarm response charges. The Township Board shall, by resolution, establish a fee schedule for false and unknown alarms based upon frequency of false and unknown alarms during the calendar year Authority to pursue obligation. If an alarm user fails to pay an invoice received under this article for a false alarm response charge or unknown alarm response charge within 30 days, the Township may cause the costs reflected by the invoice to be assessed against his property serviced by the alarm system as a special assessment or bring suit against the alarm user to recover such costs. Part 2. Alcohol Article II. Liquor Control Enforcement Department [Adopted by Ord. No. 7; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. An ordinance to secure the public peace, health and safety of the residents and property owners of the Township of Blackman, Jackson County, Michigan, a municipal corporation, for the

3 regulation of alcoholic liquor traffic within said Township, through the enforcement of the Michigan Liquor Control Act of the State of Michigan [1] within said Township; to provide penalties for the violation of said ordinance; and to repeal all ordinances and parts of ordinances in conflict with said Act. [1] Editor's Note: See MCLA et seq Title. This article shall be known and cited as the "Blackman Township Liquor Control Ordinance." Compliance with Liquor Control Act. All alcoholic liquor traffic, including, among other things, the manufacture, sale, offer for sale, storage for sale, possession and/or transportation thereof within the Township of Blackman, Jackson County, Michigan, shall comply with the provisions of the Michigan Liquor Control Act, being Act No. 8 of the Michigan Public Acts of 1933, as amended Enforcement. For the purpose of enforcement of said Michigan Liquor Control Act within said Township, the Public Safety Department of the Township is hereby vested with full power, authority, and duty to see that the provisions of said Act and the rules and regulations of the Michigan Liquor Control Commission, adopted pursuant to said Act, are enforced within the said Township Inspections. The Township Public Safety Department shall inspect not less than yearly all liquor establishments licensed under the Liquor Control Act of the State of Michigan and report the results of all inspections promptly to the Township Board. The Township Public Safety Department shall further promptly investigate all complaints received by it concerning violations of the Michigan Liquor Control Act, or improper operations and practices concerning alcoholic liquor traffic within the Township, and report the same to the Township Board and, where appropriate under the Michigan Liquor Control Act, to the Michigan Liquor Control Commission for appropriate proceedings against the violator. A. Inspector identification. All inspectors shall carry appropriate cards issued by the Township Clerk, clearly identifying them as Township public safety officers designated as Township liquor control inspectors and shall present said cards to the owner or manager of every place inspected by them when making an inspection, upon demand for identification by such owner or manager. B. Inspection procedure. Inspectors shall have the right to inspect any place in the Township where alcoholic liquor is manufactured, sold, offered for sale, kept for sale, possessed or transported, or where the inspector suspects the same is being thus manufactured, sold, offered for sale, kept for

4 sale, possessed, or transported. Whenever possible, all inspection reports shall be made on Liquor Law Enforcement Inspection forms furnished by the Michigan Liquor Control Commission or on similar forms otherwise obtained by the Township Public Safety Department Violations and penalties. A. Any person, other than persons required to be licensed under the Michigan Liquor Control Act, who shall violate any of the provisions of this article shall be guilty of a misdemeanor. B. Any licensee who shall violate any of the provisions of the Michigan Liquor Control Act or any rule or regulation of the Michigan Liquor Control Commission promulgated thereunder, or who shall prohibit or interfere with the authorized inspection of a member of the Township Public Safety Department, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 90 days or by a fine of not more than $100, or both, in the discretion of the court. Each day that a violation continues to exist shall constitute a separate offense. C. It is the intent of the Township Board that the court, in imposing punishment under the provisions of this article, should discriminate between casual or slight violations and habitual sales of alcoholic liquor or attempts to commercialize violations of this article or any of the rules or regulations of the Michigan Liquor Control Commission promulgated under the Michigan Liquor Control Act. Article III. Public Consumption and Possession [Adopted by Ord. No. 33] Definitions. As used in this article, the following terms shall have the meanings indicated: ALCOHOLIC LIQUOR As defined in Act 8, Public Acts of Michigan, 1933, extra session, as amended. [1] [1] Editor's Note: See MCLA Consumption in public. No alcoholic liquor shall be consumed in the public streets, parks, playgrounds, public school property, or in any other public places, including any store, doing business with the public not licensed to sell alcoholic liquor for consumption on the premises; nor shall anyone who owns, operates or controls any public establishment not licensed to sell alcoholic liquor for consumption on the premises permit the consumption of alcoholic liquor therein. Provided,

5 further, that the prohibition against consumption on the premises shall not apply to the owner of the premises or any employee thereof Open intoxicants in public. No person shall have in his or her possession any bottle, can or other container filled or partially filled with alcoholic beverages which bottle, can or container has its seal broken, top off, or is otherwise available for consumption by being open or the seal broken in the public streets, parks, playgrounds, public school property, or in any other public places Violations and penalties. Any person who violates this article shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment in the county jail for a period not exceeding 90 days, or both fine and imprisonment. Article IV. Liquor Licenses [Adopted by Ord. No. 49] Purpose. A. Whereas, a liquor license is a property right in the State of Michigan; and B. Whereas, it is necessary to establish criteria for the issuance, revocation or nonrenewal of licenses. C. It hereby is ordained by the Township of Blackman that the following criteria are hereby established for the issuance or recommendation of revocation or nonrenewal of a liquor license in the Township of Blackman Proper zoning. Each licensed establishment shall be located in an area and on a parcel zoned for such use Code requirements. The licensee's building and other structures shall meet all local health codes, building codes, plumbing codes, electrical codes, and mechanical codes, together with all applicable state and federal codes relevant thereto.

6 Public nuisance. No establishment shall be operated in such a fashion as to create a public nuisance Violation hearing. Any establishment or licensee violating the rules of the Michigan Liquor Control Commission shall be subject to a hearing for the purpose of determining whether to recommend revocation or nonrenewal of its license Zoning requirements. Each establishment shall meet all zoning requirements of the Township of Blackman, County of Jackson, and State of Michigan Public hearing provisions. In the event that the Township desires to conduct a hearing to consider the issuance, revocation, or nonrenewal of a license under this article, the holder of the license shall be given a notice of hearing, the reasons given for the hearing, an opportunity to be present together with an attorney and such witnesses as he may desire to attend such hearing, the opportunity to present such evidence and testimony and confront such adverse witnesses as the licensee desires, and a written statement of the findings of the hearing together with the action taken by the Township Board pursuant to the findings of the hearing. Article V. Possession and Consumption by Minors [Adopted by Ord. No. 86; amended by Ord. No. 96] Title. The title of this article shall be known as "Regulation or Possession and/or Consumption of Alcoholic Liquor by Minors." Purpose. The purpose of this article is to preserve the public health, safety, and morals of the community by regulating the possession and/or consumption of alcoholic liquor by persons who have not reached the age of 21 years Definitions. As used in this article, the following terms shall have the meanings indicated:

7 MINOR Any person who has not yet reached the age of 21 years Violations. A. Any minor who possesses or consumes alcoholic liquor within the Charter Township of Blackman is in violation of this article, and is guilty of a misdemeanor. B. Any minor, whether he or she is the driver or a passenger, in a motor vehicle containing open containers of alcoholic liquor is in violation of this article. C. Any minor who transports, possesses, or consumes alcoholic liquor in a motor vehicle is in violation of this article. D. Any minor who uses fraudulent identification to purchase, or attempt to purchase, alcoholic liquor is in violation of this article. E. Any minor who purchases, or attempts to purchase, alcoholic liquor is in violation of this article Preliminary breath test analysis. A. Any minor who is deemed, by a public safety officer, to have consumed alcohol as set forth in Subsection A is in violation of this article. [1] [1] Editor's Note: Original Sec. 6, Preliminary breath test analysis, which previously followed this section, was deleted at time of adoption of Ordinance (see Ch. 1, General Provisions, Art. II) Enforcement. This article shall be enforced by the Public Safety Department of the Charter Township of Blackman Violations and penalties. Any person who violates this article shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment in the county jail for a period not exceeding 90 days, or both fine and imprisonment.

8 Part 3. Curfew Article VI. Curfew Violations [Adopted by Ord. No. 24; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. The purpose of this article is to regulate children on the streets at night Curfew established; exceptions. It shall be unlawful for any person under 16 years of age to be or remain upon any street or alley or other public place in the Township after 10:00 p.m. unless such person is accompanied by a parent or guardian, or other person having custody of such minor, or unless in the performance of duty directed by such parent or guardian or other person having custody or unless such person is in lawful employment making it necessary to be in such places after 10:00 p.m Permitting children to violate curfew. It shall be unlawful for anyone having the legal care and custody of any person, as described above, to permit such person to go or be upon any public street, alley or other public place in the Township in the nighttime as restricted in the preceding section, except in case of necessity Detaining child. Every member of the Public Safety Department while on duty is hereby authorized to detain any such minor willfully violating the provisions of until the parent or guardian of the child shall take him or her into custody; but such officer shall immediately upon taking custody of the child communicate with the parent or guardian Delinquent children. It if shall appear that any child taken into custody for a violation of is also delinquent or has no home, proper proceedings shall be taken to have such child placed in the care of the state institution as provided by statute. Part 4. Drugs Article VII. Drug Paraphernalia [Adopted by Ord. No. 53; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)]

9 Purpose. The purpose of this article is to prohibit the manufacture, advertisement, possession, possession with intent to deliver, and/or delivery of drug paraphernalia and controlled substances Short title and citation. This article shall be known and cited as the "Charter Township of Blackman Drug Ordinance." Definitions. As used in this article, the following terms shall have the meanings indicated: DRUG PARAPHERNALIA A. All equipment, products, and materials of any kind which are used, intended for use, in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Public Health Code of the State of Michigan. It includes, but is not limited to: (1) (2) (3) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

10 (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

11 (b) Water pipes; (c) Carburation tubes and devices; (d) Smoking and carburation masks; (e) Roach clips: meaning objects used to hold burning material such as a marijuana cigarette, that has become too small or too short to be held in the hand; (f) Miniature cocaine spoons and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air-driven pipes; (k) Chillums; (l) Bongs; (m) Ice pipes or chillers. B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

12 (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law relating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of this article; (4) The relation of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons he knows, or should reasonably know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article should not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive material accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale;

13 (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; (14) Expert testimony concerning its use Offenses. A. Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this article. B. Manufacture, sale, or delivery of drug paraphernalia. It is unlawful for any person to sell, deliver, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this article. C. Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of any objects designed or intended for use as drug paraphernalia. D. Possession or delivery of marijuana or other controlled substance. It is unlawful for any person to possess, use or deliver marijuana, or any other controlled substance, without having a valid prescription therefor.

14 Exceptions. This article shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, and embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection or when allowed by state law Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use, sell, or deliver, or manufactured with the intent to use, sell or deliver, in violation of this article shall be seized and forfeited to the Charter Township of Blackman Violations and penalties. Any person who shall be convicted of a violation of any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 90 days in jail, or both. Each day a violation continues shall be considered a separate offense and may be punished accordingly Purpose; preservation of peace and welfare. This article is declared necessary for the preservation of the public peace, health, safety and welfare of the people of the Charter Township of Blackman. Part 5. Littering Article VIII. Littering Regulations [Adopted by Ord. No. 59; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. The purpose of this article is to control and prohibit the littering of public and private property within the Charter Township of Blackman Unlawful acts. It is unlawful for a person knowingly to dump, deposit, place, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of, litter on public or private property or water other than property designated and set aside for such purposes. The phrase "public or private property or water" includes, but is not limited to, the right-of-way of a road or highway, a body of water or watercourse, or the shore or beach thereof, including the ice above the water; a

15 park, playground, building, refuge, or conservation or recreation area; and residential or farm properties or timberlands. It is unlawful for a person who removes a vehicle wrecked or damaged in an accident on a highway, road, or street to fail to remove all glass and other injurious substances dropped on the highway, road, or street as a result of the accident Definitions. As used in this article, the following terms shall have the meanings indicated: LITTER All rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, plastic, metal, parts, debris or other foreign substances of every kind and description Presumption created. There is hereby created, in any prosecution under this article, an irrefutable presumption that where three or more pieces of mail carrying the address of a person is found within materials deposited as the result of unlawfully dumping as defined within of this article, that same person is responsible for said dumping Restitution. There is hereby created a right vested within the Charter Township of Blackman, or any other owner or entity in control of property, where unlawful dumping has taken place as defined by of this article a right to restitution payable to such owner or entity for all costs associated with cleanup and removal of all unlawfully dumped materials Violations and penalties. Any person who violates this article is guilty of a misdemeanor and may be fined not more than $500 and costs of prosecution, or imprisoned in the county jail not to exceed 90 days, or both. The court, in lieu of any other sentence imposed, may direct a substitution of litter gathering labor, including but not limited to the litter connected with the particular violation, under the supervision of the court. Part 6. Noise Article IX. Noise Control [Adopted by Ord. No. 25; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. This purpose of this article is to regulate noise control within the Township.

16 Unlawful acts. The provisions of this article are declared to be unlawful and prohibited, but this enumeration shall not be deemed to be exclusive. A. Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person shall be in violation of this article. B. Construction noises. The erection (including excavating therefor), demolition, alteration or repair of any building, and the excavation of streets and highways, on Sundays and other days, except between the hours of 7:00 a.m. and 10:00 p.m., shall be a violation of this article, unless a permit is first obtained from the Township. C. Loudspeakers and public address systems. (1) The use or operation, for any purpose, of a loudspeaker or public address system where such use or operation occurs as follows, shall be a violation of this article: (a) Occurs between the hours of 6:00 p.m. and 8:00 a.m. the following day within any residentially zoned area of the Township, or within 50 feet of the property boundary of any residentially zoned area of the Township, as measured from the speaker or other source of sound; or (b) Occurs, where the source of sound is mounted upon a vehicle or other mobile device, within 300 feet of any hospital, place of worship, school or courthouse; or (c) Creates or emits a sound which, at any one time, is in excess of 70 dba as measured on a sound level meter, using the A-weighting network, from any point at least 50 feet beyond the property boundary of the location of such use or operation; or (d) Creates or emits a sound which, at any one time, is in excess of 70 dba as measured on a sound level meter, using the A-weighting network, from any one point, in the case of sound amplification equipment mounted on vehicles, at least 50 feet from the source of such user or operation. (2) This subsection shall not apply to persons engaged in the use or operation of a loudspeaker or public address system where such use or operation: (a) Involves the delivery of a political or ceremonial public address; or

17 (b) Involves the delivery of emergency instructions or information; or (c) Involves the delivery of information or the presentation of entertainment in conjunction with a public event upon any governmentally owned property within the Township. D. Engine exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, or motor vehicle, except through a muffler or other device which effectively prevents loud or explosive noises therefrom, shall be a violation of this article. E. Handling merchandise. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bails, boxes, crates and containers shall be a violation of this article. F. Blowers. (1) The use and/or operation of a blower or power fan which creates or emits a sound, which at any one time is in excess of 70 dba as measured on a sound level meter using the A-weighting network, from any point at least 50 feet beyond the property boundary of such use and/or operation, shall be a violation of this article. (2) This subsection shall not apply to the temporary use and/or operation of a blower or public fan where such use and/or operation involves the delivery of a governmental service upon public property by persons employed by a governmental entity. G. Hawking and peddling. The hawking or peddling or announcing or advertising of any business by proclamation, cries or ringing of bells on any of the streets or public places of the Township within the business district or at any other place within the Township in a loud and boisterous manner, so as to annoy or disturb the peace and quiet of persons residing in the area, shall be a violation of this article. H. Horns and signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time shall be a violation of this article.

18 I. Radio and musical instruments. The playing of any radio, television set, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity, shall be a violation of this article. J. Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger, shall be a violation of this article Exceptions. None of the terms or prohibitions of this article shall apply to or be enforced against: A. Emergency vehicles. Any police or fire vehicle or any ambulance, while engaged upon emergency or necessary public business. B. Highway maintenance and construction. Excavations or repairs of bridges, streets or highways by or on behalf of the Township, county or the state, during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day. Part 7. Motor Carriers Article X. Motor Carrier Safety [Adopted by Ord. No. 56; amended in its entirety at time of adoption of Ordinances (see Ordinance. 1, General Provisions, Art. I)] Purpose. The purpose of this article is to adopt the Michigan Motor Carrier Safety Act and Rules, being Act No. 181 of 1963, by reference. [1] [1] Editor's Note: See MCLA et seq Adoption by reference. The Charter Township of Blackman hereby adopts by reference the Michigan Motor Carrier Safety Act, being Act No. 181 of 1963, as last amended, and rules and regulations promulgated by the Department of the Michigan State Police for the regulation of traffic within the Charter Township of Blackman.

19 Availability of Act and Rules. The Township Clerk is directed and shall keep a copy of the Michigan Motor Carrier Safety Act and Rules at the Township office for inspection or copying for distribution to the public Purpose; regulation of traffic. The purpose of this article is to adopt ordinances and rules to regulate traffic within the Charter Township of Blackman, to provide for the health, safety and welfare of the residents of the Township. Part 8. Peace and Good Order Article XI. Disorderly Persons [Adopted by Ord. No. 70; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose; offenses against persons or property. This purpose of this article is to safeguard the health, well-being and welfare of the persons and property of the Charter Township of Blackman, to define offenses against persons and property, to provide penalties for committing offenses against persons or property in the Charter Township of Blackman and to repeal and replace Ordinance Numbers 39 and Definitions. For the purpose of this article, the following terms shall have the following meanings respectively designated for each: ANIMAL Includes birds, fish, mammals and reptiles. LIVESTOCK Horses, cattle, swine, sheep, goats and fur-bearing animals, of either gender, being raised in captivity. 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 premises. 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

20 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. PEACE OFFICER Any person employed or elected by the people of the Charter Township of Blackman, or by the State of Michigan or the County of Jackson, whose duty 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. PERSON Includes state and local officers and employees, individuals, corporations, co-partnerships and associations. POULTRY 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. (MCLA et seq.; MSA et seq.) [1] PROPERTY Tangible or intangible real or personal property. PUBLIC PLACE 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. TOWNSHIP The Charter Township of Blackman. [1] Editor's Note: See now MCLA et seq Unlawful act. It shall be unlawful and punishable, as provided herein, for any person to be a disorderly person within the Charter Township of Blackman.

21 Disorderly person. A. 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 in a 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 obstructs, resists, impedes, hinders or opposes a peace officer in the discharge of his or her official duties; (4) A person who shall break or escape from the lawful custody of a public safety officer of the Township; (5) A person who furnishes a peace officer with 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; (6) A person who summons, as a joke or prank or otherwise, without any good reason therefor, by telephone or otherwise, the Public Safety 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 minor, under 16-years of age, who is in a public place or on the public street between the hours of 10:00 p.m. and 6:00 a.m.; [1] [1] Editor's Note: See also Part 3 of this chapter, Curfew. (9) A person who commits an assault or an assault and battery against another; (10) A person who spits or expectorates on, at or toward another person, or who urinates or defecates in a public place;

22 (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 shall leave the outside of any building or dwelling in a place accessible to children any abandoned, unattended, available or discarded icebox, refrigerator or any other container of any kind which has an airtight door or lock which may not be easily released for opening from the inside of such icebox, refrigerator, container or compartment; (13) 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; (14) 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 dog fight; or places, receives or transmits any bet on the outcome of any race, contest, or game of any kind whatsoever; (15) A person who loiters, 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; (16) 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; (17) 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;

23 (18) A person who knowingly sells, gives or furnishes alcoholic beverages, beer, liquor or spirits to any person under the age of 21 years or to any drunken, intoxicated or disorderly person; [2] [2] Editor's Note: See also Part 2 of this chapter, Alcohol. (19) 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; (20) A person who, without consent of the owner or occupant, shall dump, deposit, place, throw or leave litter on public or private property; [3] [3] Editor's Note: See also Part 5 of this chapter, Littering. (21) 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: [4] (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 or making any other noise on a public street or sidewalk at any time or place 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) Keeping any animal or bird which causes frequent or loud continued noise that disturbs the comfort or repose of any persons in the vicinity; (e) Blowing any whistle or siren, except as a warning of danger or upon request and authority of proper Township authorities;

24 (f) 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; (g) Intentionally squealing the tires of any motor vehicle; (h) Erecting, excavating, demolishing, altering or repairing any building, or excavating streets and highways, other than between the hours of 7:00 a.m. and 10:00 p.m.; (i) 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; (j) Creating noise with any drum, loudspeaker or other instrument or device to attract attention to any performance, show or sale or display of merchandise. [4] Editor's Note: See also Part 6 of this chapter, Noise. (22) A person who disables or attempts to disable, in whole or in part, any motor vehicle owned or operated by another person, by 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; (23) A person who throws or propels any snowball, rock, missile or object from any moving vehicle; (24) A person less than 21 years of age who possesses any alcoholic beverage, beer, liquor or spirits; (25) 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; (26) Any 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; (27) A person who invites, entices, coaxes, persuades or induces by threat, promise or false statement, any minor child under the age of 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 from carrying out the normal duties of their employment;

25 (28) A person who carries a knife having a blade of three inches in length or more, whether in a sheath or not, in a public place or in a vehicle on a public roadway, right-of-way or place open to the public; (29) A person who carries any firearm, air rifle, bow and arrow, slingshot, crossbow or other dangerous weapon in any public place, subject to the following exceptions: (a) When it is in a case and is not loaded; (b) When a bow or crossbow is unstrung or encased, or when it is being carried under the direct supervision of authorized public recreational personnel; or (c) Where and as otherwise permitted by state law. (30) Animals. 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 any 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

26 in the neighborhood in which the animal is kept, possessed or harbored. This section does not apply to kennels lawfully operating within 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. (31) 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; (32) A person under 18 years of age that possesses or smokes cigarettes or cigars; or possesses or chews, sucks or inhales chewing tobacco or tobacco snuff; or possesses or uses tobacco in any form on a public highway, street, alley, park or other lands used for public purposes, or in a public place of business or amusement; (33) A person who sells, gives to, or in any way furnishes cigarettes, cigars, chewing tobacco, tobacco snuff or tobacco in any form to a person under 18 years of age Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against: A. The operation of any vehicle of the Township while engaged upon necessary public business. B. Excavation or repairs of bridges, streets, highways or water mains by or on behalf of the Township or state during the night when the public welfare and convenience renders it impossible to perform such work during the day.

27 Parental responsibility. No parent, guardian, or other person having charge, guardianship, custody or control of any minor under the age of 17 years shall encourage, knowingly permit or by inefficient control allow the minor to violate a provision of this article. Proof that the minor was convicted of violating this article shall be prima facie evidence that the minor's parent or guardian allowed or encouraged the minor to violate such section Violations and penalties; remedies for violations. Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Penalties may be imposed up to 90 days' incarceration in the Jackson County Jail and/or fines up to $500 plus the costs of prosecution. In addition, any violation of this article shall be deemed a nuisance per se, permitting the Township Board, its officers, agents or any private citizen who lives in the Township to take such action in any court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief. Article XII. Theft of Property [Adopted by Ord. No. 62; amended in its entirety at time of adoption of Ordinances (see Ch. 1, General Provisions, Art. I)] Purpose. This purpose of this article is to prohibit the theft of property Title. The title of this article shall be "Offenses Against Property." Purpose; protection of property. The purpose of this article is to protect the property of the residents of the Charter Township of Blackman by prohibiting the theft of property Larceny of property. No person shall steal the property of another person Retail fraud. A person who does any of the following in a store or its immediate vicinity is guilty of retail fraud: