(a)

No person shall willfully tamper with, damage, destroy or deface any private property belonging to another person.

(b)

It shall be unlawful for any person to destroy, injure, molest, remove or in any manner deface any public building or property in the city including streets and sidewalks. Nor shall any person tamper with, or in any way interfere with or hinder the use of any public property.

(Code 1958, §§ 4-317, 7-122, 7-127, 8-110; Ord. No. 82, § 1, 2-5-58; Ord. No. 101, § 6-25-58)

Cross reference— Tampering with park property, § 19-49; streets and sidewalks and other public places, Ch. 23.

(a)

The city council of the City of Madison Heights shall be empowered by resolution to pay a reward not to exceed $100.00 to any person or persons furnishing information to the city resulting in the arrest and conviction of any person or persons or resulting in the obtaining of a money judgment against any person or persons who shall have been guilty of vandalism of or malicious damage to public property belonging to the City of Madison Heights.

(b)

In the event of any dispute as to the person or persons entitled to collect said reward, such matter of dispute shall be referred to and arbitrated by the city manager. The decision of the city manager shall be final and binding and there shall be no further appeal from such decision.

(Ord. No. 573, §§ 1, 2, 3-8-76)

Editor's note— Ord. No. 573, §§ 1, 2, adopted March 8, 1976, did not specifically amend the Code, hence codification herein as § 7-1.1 was at the editor's discretion.

No person shall hack, cut, mutilate, disfigure or in any manner injure any telegraph, telephone, electric light, railway or fire alarm pole in any street, alley, park, lane or public place in the city.

(Code 1958, § 7-117)

It shall be unlawful for any person willfully or designedly to give, assist in giving, countenance or request or cause to be given any false alarm of fire in any manner; provided, however, that this section shall not apply to members of the fire department or any person in making tests or repairs under the direction of the fire chief.

(Code 1958, § 4-316)

Cross reference— Fire prevention and protection, Ch. 12.

(a)

The word "flag," as used in this section, shall include any flag, standard, color, ensign, coat-of-arms or shield, or copy picture or representations thereof, made of any substance or represented or produced therein, and of any size, evidently purporting to be such flag, standard, color, ensign, coat-of-arms or shield of the United States or of the State of Michigan, or a copy, picture or representation thereof.

(b)

Any person shall be guilty of the violation of this section who shall, in any manner, for exhibition or display:

(1)

Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag;

(2)

Expose to public view any such flag upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed, any such word, figures, mark, picture, design, drawing or advertisement; or

(3)

Expose to public view for sale, manufacture, or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise upon or which shall have been produced or attached any such flag in order to advertise, call attention to, decorate, mark or distinguish such article or substance.

(Code 1958, §§ 8-145, 8-146; Ord. No. 371, § 1, 5-7-70)

No person shall publicly mutilate, deface, defile, defy, trample upon or by work or act cast contempt upon any flag as defined in section 17-4.

(Code 1958, § 8-147; Ord. No. 371, § 1, 5-7-70)

Sections 17-4 and 17-5 shall not apply to an act permitted by the statutes of the United States or of the State of Michigan, or by the United States army or navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ensign, coat-of-arms or shield with no design or words thereon and disconnected with any advertisement.

(Code 1958, § 8-148; Ord. No. 371, § 1, 5-7-70)

Any person, firm or corporation engaged in selling Christmas trees within the city shall remove all cut trees, branches and debris from the premises on or before the succeeding January second. Any licensee failing to clean such premises shall forfeit any and all bonds posted with the city clerk and shall be subject to criminal penalties a set out in this Code.

(Code 1958, § 4-314; Ord. No. 876, § 1, 5-13-91)

Cross reference— Business regulations and licenses, Ch. 7.

(a)

It shall be unlawful for any person, firm or corporation to operate or land any aircraft including helicopters and/or lighter-than-air craft within the City of Madison Heights at any point except those areas officially designated by the city council as airports or heliports, without first obtaining the approval for a permit from the city council.

(b)

The prohibition for landing of any aircraft, helicopter or lighter-than-air craft shall not be applicable to emergency landings.

(Ord. No. 549, §§ 1, 2, 7-28-75)

Editor's note— Ord. No. 549, §§ 1, 2, adopted July 28, 1975, did not specifically amend the Code. Codification herein as § 17-8 was at the discretion of the editor.

(a)

Consumption of food and beverages prohibited on lots adjacent. All persons within the City of Madison Heights are hereby prohibited from consuming food or beverages, alcoholic or nonalcoholic, upon any property and/or parking lots located adjacent to any restaurant or establishments where food may be purchased, except those restaurants specifically licensed and operated as a drive-in restaurant.

(b)

Exception for handicapped. Notwithstanding the above subsection, disabled or handicapped persons, and persons accompanying them, may consume food or nonalcoholic beverages upon a parking lot located adjacent to a restaurant where said food or nonalcoholic beverage has been purchased, so long as they are doing so in a vehicle bearing a special registration license plate or parking permit, obtained from the offices of the Michigan Secretary of State, which permits parking in spaces designated exclusively for the handicapped.

(c)

Penalty. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned for a period of not more than 90 days, or both such fine and imprisonment.

(Ord. No. 617, §§ 1, 2, 4, 1-14-80)

Editor's note— At the editor's discretion, a nonamendatory ordinance, Ord. No. 617, adopted Jan. 14, 1980, §§ 1, 2, 4, have been codified as § 17-9.

Cross reference— Restaurant and drive-in parking lots restricted to customer and employee use, § 13-2.

(a)

Prohibited. Any person who shall put up at any hotel, motel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation by means of any false show of baggage or effects brought thereto is guilty of a misdemeanor and subject to punishment hereafter set forth.

(b)

Prima facie evidence of intent. Obtaining such food, lodging or accommodation by false pretense, or by false or fictitious show of baggage or other property, or refusal or neglect to pay therefor on demand, or payment thereof with check, draft or order upon a bank or other depository on which payment was refused, or absconding without paying or offering to pay therefor, or surreptitiously removing or attempting to remove baggage shall be prima facie evidence of such intent to defraud.

(c)

Penalty for violation. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $500.00 or be imprisoned for a period of not more than 90 days, or both such fine and imprisonment.

(Ord. No. 711, §§ 1, 2, 4, 9-12-83)

Editor's note— Ordinance No. 711, enacted Sept. 12, 1983, being not specifically amendatory of the Code, has been codified as superseding former § 17-10 which pertained to the defrauding of restaurants and taverns and was derived from Ord. No. 657, §§ 2, 3, adopted July 28, 1980.

Cross reference— General penalty for violation of Code, § 1-7; food service establishments, Ch. 13.

Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; interferes with or destroys or renders dangerous any street, highway or navigable stream; allows accumulation of junk or obnoxious matters on private property; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not to be limited to, whatever is forbidden by any provision of this Code and the common law and statute of this state.

(Code 1958, § 4-201)

(a)

In the event any officer of the city shall determine that there exists a public nuisance within the meaning of this chapter and Code, such officer shall cause a notice to be served on the owner or occupant of the premises on which said nuisance exists, requiring such person to abate said nuisance within the time specified in the notice. Service of the notice shall be made:

(1)

By delivering the notice to the owner or occupant personally or by leaving the same at his residence, office or place of business with some person of suitable age and discretion; or

(2)

By mailing said notice by certified mail to such owner or occupant at his last known address; or

(3)

If the owner or person unknown, by posting said notice in some conspicuous place on the premises for five days.

(b)

In the event such person fails to abate said nuisance in accordance with the notice, the city shall do so and the cost thereof shall be charged against the owner or occupant on the premises and payment thereof shall be enforced as a special assessment as provided in the Charter.

(Code 1958, § 4-213)

(a)

The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building given by any person authorized by this article to give such notice or order shall be guilty of a misdemeanor.

(b)

The occupant or lessee in possession of a dangerous building who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given, as provided for in section 17-20, shall be guilty of a misdemeanor.

(c)

Any person removing any notice provided for in section 17-20 shall be guilty of a misdemeanor and thus subject to the penalties of section 1-7.

(Code 1958, § 4-202)

(a)

No person shall maintain or operate any equipment, device, appliance or apparatus in the city which generates or causes high frequency oscillations which interfere with radio or television transmitting or reception; except, that X-ray pictures, examinations or treatments and diathermy treatments may be made if the machine or apparatus therefor is equipped to avoid all unnecessary or unreasonable interference and are not negligently operated.

(b)

The city engineer may designate a radio inspector to investigate complaints of interference with radio and television transmitting and reception, and he is hereby given authority, upon presenting his evidence of authority, to have a right of access to any premises at any reasonable hour for the purpose of inspecting any equipment, device, appliance or apparatus coming within the terms of this section to determine if such equipment, device, appliance or apparatus complies with the terms of this section, and no person shall interfere with said radio inspector in making such inspection or to refuse to allow the radio inspector to enter upon the premises for such purpose.

(c)

Whenever an inspection and test shall have been made by the radio inspector and it is found that such equipment, device, appliance or apparatus is being operated in violation of this section, the person responsible for such operation shall be notified in writing to discontinue the use of such equipment, device, appliance or apparatus or to make additions, repairs or modifications thereof in order that the same may be operated in a manner which complies with the provisions of this section. Such notice may be given personally to said person or by registered mail, addressed to said person. In the event that said person within 48 hours after receipt of such notice to repair or discontinue the use of the equipment, device, appliance or apparatus does not discontinue its use or repair the same so that it complies with this section, such person shall be deemed to be operating the same in violation thereof.

(d)

The operation of any machine, mechanical device, electrical device or thing that interferes with or causes static in the operation of the police radio system is hereby declared to be a public nuisance; the operator of said machine or device shall immediately discontinue the use of said equipment upon being notified of its interference with the police radio system.

(e)

No provision of this section shall be construed as regulating any equipment, device, appliance or apparatus used in interstate commerce where the same is licensed or regulated by or under any act of Congress of the United States.

(Code 1958, 4-204)

No person shall drop, throw, deposit or scatter any earth, ashes, shavings, sawdust, hay, leaves, refuse, rubbish, straw, stones, bricks, ice, snow, dirt, manure, filth or any other loose material or articles of any kind or nature in any street, alley or public place nor shall any person permit such substances, things and articles to spill, drop or be blown about from any vehicle while hauling same in any street, sidewalk, alley or public place.

(Code 1958, §§ 4-209, 7-126; Ord. No. 72, § 2, 11-2-57; Ord. No. 327, § 1, 12-26-57)

No person shall by himself, or by another, post, attach, place, print, paint or stamp any placard, circular, show bill or advertisement of any description whatever, except such as what may be expressly authorized by law, on any street or sidewalk or upon any election booth or other public place or object, with the exception of billboards, in the city or upon any fence, building or property belonging to the city or upon any telegraph pole, telephone pole, electric light pole or tower, or bridge or curbstone in any public street or alley in the city; provided, however, that a service, religious or charitable organization may make application to the mayor and council for the erection of a sign upon city property, and the mayor and council may in their discretion grant such application and designate the size, type and place at which said sign is to be erected and shall be removed upon written notice at the discretion of the city council; provided, further, that the police department and the department of public works shall approve the location, type and size of signs.

(Code 1958, §§ 4-209, 7-118; Ord. No. 72, § 1, 11-20-57)

Charter reference— Specific authority to regulate signs and billboards, Ch.2, § 2.2(l).

Cross reference— Streets and sidewall, Ch. 23.

No person shall by himself or by another throw, place, deposit or leave in any street, highway, lane, alley, public place or square or in any private place or premises any glass, broken or unbroken, or any metal, stone, earthware, tacks, cinders or other substances of a nature likely to cause injury to travelers or pedestrians, automobiles, bicycles or vehicles, or to injure any horse or other animal or which might injure, cut or puncture any pneumatic tire.

(Code 1958, § 4-210)

Cross reference— Traffic and motor vehicle code, Ch. 26.

If any land, excavation, cellar, vault, sewer, drain, place or premises within the city shall be damp, unwholesome, offensive or filthy, or [shall] be covered during any portion of the year with stagnant or impure water, or shall be in such conditions as to produce offensive exhalations, the council or health officer may require the same to be drained, filled up, cleaned or purified by the owner, occupant or person in charge of such lot, premises or places.

(Code 1958, § 4-212)

Cross reference— Excavations and landfills, Ch. 11; sewers, Ch. 29

It shall be unlawful for any person to leave outside of any building or dwelling or in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of said icebox, refrigerator or container without first removing the said snap lock or door from said icebox, refrigerator or container.

(Code 1958, § 8-113)

Any person who shall dump, deposit or place any filth, garbage or refuse on the grounds or premises of another, without the specific permission of the owner thereof, shall be guilty of a misdemeanor.

(Ord. No. 1030, § 1, 1-12-04)

It is the intent of this article to protect persons residing within the city against the nuisance of the promiscuous distribution of handbills with the resultant detriment and danger to the public health, safety and convenience.

(Code 1958, § 7-150; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

(a)

It shall be unlawful for any person to scatter or distribute on or along any public street or publicly owned parking lot in the city any commercial literature, advertising material, commercial handbill, card, sample or other matter for the purpose of advertising.

(b)

Any person who advertises his goods, wares or merchandise by causing any advertising material to be scattered or distributed in any manner contrary to the provisions of this section shall be subject to the same penalties as the person who actually distributes any advertising material.

(Code 1958, § 7-151; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67; Ord. No. 871, § 1, 9-24-90)

Cross reference— Streets and sidewalks, Ch. 23.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(Code 1958, § 7-152; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

It shall be unlawful for any person to knowingly distribute, deposit, place, throw, scatter or cast any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Code 1958, § 7-153; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any premises, if requested, by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Handbills," "No Advertisements" or any similar notice of sufficient size and clarity as to be visible from a distance of ten feet, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left upon such premises.

(Code 1958, § 7-154; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

No person shall distribute, deposit, place, throw, scatter or cast any handbill in or upon any private premises which are occupied unless that person obtains a license therefor and, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises or by placing or depositing such handbill by securing the same to the front door or to the porch rail in a manner which will not injure or destroy the property or cause unsightly litter. Mail boxes may not be so used when so prohibited by federal postal laws.

(Code 1958, § 7-155; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the following:

(1)

The person who printed, wrote, compiled or manufactured the same;

(2)

The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agent of the person sponsoring said handbill shall also appear thereon.

(Code 1958, § 8-102; Ord. No. 129, § 1, 6-22-59)

It shall be unlawful for any person to distribute handbills or circulars on Sunday or at night, commencing on or after sunset.

(Code 1958, § 7-156; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

Upon making application for a license to the city clerk to distribute handbills, the applicant shall pay to the city such fee as shall be established by the council and shall post a $100.00 cash bond as a conditional prerequisite to the issuance of such license. Licenses shall be renewable as of January second of each year and the license fee shall be paid by the licensee upon receipt of the renewal license. Every agent, servant or employee who shall distribute commercial handbills or circulars in the city shall, while engaged in said distribution, carry a bag or other marking on his person which shall clearly indicate the name of his employer.

(Code 1958, § 7-157, Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67; Ord. No. 871, § 1, 9-24-90)

(a)

A licensee under this article shall, prior to the distribution of any handbills or circulars, register with the police department the names, addresses and social security numbers of persons authorized to distribute such handbills or circulars.

(b)

The city council may revoke any license obtained under any application containing a false or fraudulent statement knowingly made by the applicant or for violation of this article, or any other grounds specified by law. No license issued under this article shall be transferable; and if such license shall be surrendered by the licensee therein named, or shall be revoked for cause, neither the licensee named in such license, nor any other person shall be entitled to any refund or any part of such fee.

(Code 1958, § 5-157; Ord. No. 243, § 1, 3-9-64; Ord. No. 306, § 1, 12-4-67)

The city council is hereby established as an appeal board which may grant waivers concerning the provisions of this article, provided that said waiver or waivers will not be injurious to the general public and that said waiver will not be contrary to the spirit and purpose of this article.

(Code 1958, § 7-158; Ord. No. 340, § 1, 4-1-68)

The provisions of this article shall not apply to registered noncommercial solicitors and/or charitable, religious, political, patriotic, civic, educational and/or philanthropic groups, except that such organizations shall register with the city clerk and pay a fee of $1.00 prior to the distribution of handbills. However, distribution of noncommercial literature on a vacant premises or which results in littering is strictly prohibited.

(Ord. No. 871, § 1, 9-24-90)

Consistent with the letter and spirit of Act No. 344 of the Public Acts of 1945, MSA 5.3501 et seq., as amended, it is the purpose of this article to prevent, reduce or eliminate blight or potential blight in the city by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the city.

(Code 1958, § 4-1000; Ord. No. 249, § 1, 5-4-64)

This article shall be enforced by the police and building departments of the city.

(Code 1958, § 4-1002; Ord. No. 249, § 1, 5-4-64)

It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On and after the effective date of the ordinance from which this article was derived no person shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented or occupied by such person:

(1)

In any area zoned for residential purposes, the storage upon any property of junk automobiles, for a period in excess of 72 hours, except in a completely enclosed building. For the purpose of this article, the term "junk automobiles" shall include any motor vehicle which does not have properly attached to it a valid license plate and shall also include, whether so licensed or not, any motor vehicle which is not operable for any reason or which can not be legally driven on the roads of the city.

(2)

In an area zoned for residential purposes, the storage upon any property of building materials unless there is in force a valid building permit issued by the city for construction upon such property and such building materials are intended for use in connection with such construction. Building materials shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.

(3)

In any area the existence of any incomplete structures, unless such structure is, in the course of construction, in accordance with a valid and subsisting building permit issued by the city and unless such construction is completed within a reasonable time.

(Code 1958, § 4-1001; Ord. No. 249, § 1, 5-4-64; Ord. No. 1014, § 5, 2-11-02)

Editor's note— Ord. No. 931, § 1, adopted April 8, 1996, repealed § 17-88, pertaining to notice to property owner to remove or eliminate causes of blight and derived from Code 1958, § 4-1002; and Ord. No. 249, § 1, adopted May 4, 1964.

All sworn law enforcement officers, certified by the commission on law enforcement standards, or its successor, and employed on a full-time basis as a law enforcement officer by this state or a political subdivision thereof, while in the performance of their official duties, all reserve officers performing their official duties as reserve officers, court officers performing their official duties as court officers, animal control officers performing their official duties as animal control officers and active military personnel in pursuit of official duty are exempt from the provisions of this article, except those provisions concerned with hunting.

(Code 1958, § 8-105; Ord. No. 129, § 2, 6-22-59; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02; Ord. No. 2125, § 1, 8-13-18)

As used in this article:

Firearm means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

Pistol means that term as defined in section 222 of the Michigan Penal Code, 1931 PA 328, MCL 750.222.

Pneumatic gun means any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. Pneumatic gun includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

(Code 1958, § 8-105; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02; Ord. No. 2125, § 1, 8-13-18)

State Law reference— Similar provisions, MCL 123.1101.

It shall be unlawful for any person to, because of carelessness, recklessness or negligence, cause or allow any firearm, pistol or pneumatic gun under his control to be discharged so as to destroy or injure the property of another, real or personal.

(Code 1958, § 8-105; Ord. No. 129, § 2, 6-22-59; Ord. No. 1019, § 1, 5-28-02; Ord. No. 2125, § 1, 8-13-18)

State Law reference— Similar provisions, MCL 123.1104.

It shall be unlawful for any person to recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm or pneumatic gun without due caution and circumspection for the rights, safety or property of others.

(Code 1958, § 8-105; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02; Ord. No. 2125, § 1, 8-13-18)

State Law reference— Similar provisions, MCL 123.1104.

It shall be unlawful for any person to willfully and knowingly point, wave about, or display a firearm, pistol or pneumatic gun in a threatening manner in public with the intent to induce fear in another individual.

This subsection does not apply to either of the following:

(1)

A peace officer lawfully performing his or her duties as a peace officer.

(2)

A person lawfully acting in self-defense or defense of another under the Self-Defense Act, 2006 PA 309, MCL 780.971—780.974.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

(Ord. No. 2125, § 1, 8-13-18; Ord. No. 2154, § 1, 6-8-20)

State Law reference— Similar provisions, MCL 123.1103, MCL 750.222(c) and MCL 750.234e.

(a)

No person shall possess any machine gun, sawed off shotgun, or any instrument or weapon of the kind commonly known as a blackjack, slingshot, sand club, sandbag, switchblade knife or metal knuckles, nor any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms, except as is otherwise permitted by law.

(b)

No person shall possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, knife or other dangerous weapon.

(c)

Any person who shall carry a dagger, dirk, stiletto or other dangerous weapon except hunting knives adapted and carried as such, concealed on or about his person, or whether concealed or otherwise in any vehicle operated or occupied by him, except in his dwelling house or place of business or on other land possessed by him is guilty of a misdemeanor.

(d)

Notwithstanding the provisions contained herein, it shall be unlawful for any employee of the city, excluding those persons identified as exempt in section 17-138 above, to carry and/or possess a dangerous weapon, as defined in section 17-142(a) through (c) above, on his or her person or otherwise, or on or in any city owned or supplied vehicle, whether concealed or unconcealed, in the course of his or her employment with the city.

(Code 1958, §§ 8-105, 8-111; Ord. No. 396, § 1, 10-20-69; Ord. No. 1019, § 1, 5-28-02)

(a)

It shall be unlawful for any person to discharge any firearm or pistol within the city, except in the lawful defense of his person or property, or as otherwise permitted by law.

(b)

It shall be unlawful for any person to discharge a bow and arrow having a penetrating tip or head within the city, except in lawful defense of his or her person or property or as otherwise permitted by law.

(c)

The discharge of a pneumatic gun is permitted within the city on or within private property with the permission of the owner or possessor of that property if conducted with reasonable care to prevent a projectile from crossing the bounds of the property.

(d)

This section shall not apply to a funeral service, under the direct supervision of a licensed funeral director, for a member of any branch of the Armed Forces, a police officer or a firefighter. The firearm(s) discharged shall only be made by an active member or members of the Armed Forces, police or fire department in the discharge of their proper duties for the funeral service. The firearm(s) so discharged shall contain only blank ammunition incapable of discharging a projectile of any sort. The discharge of said firearm(s) shall only be made between the hours of 9:00 a.m. to 3:00 p.m. The licensed funeral director shall notify the chief of police or his authorized designee at least 24 hours prior to the discharge of any firearm(s).

(e)

This section shall not apply to the police department firearm range or a business organization from maintaining and operating a duly licensed and authorized firearm, bow and arrow or pneumatic gun range located in the city, within a permitted zoning classification, upon special approval. Firearm ranges are expressly prohibited in any residential zoning district in the city.

(Code 1958, § 8-105; Ord. No. 1019, § 1, 5-28-02; Ord. No. 1051, § 1, 10-22-07; Ord. No. 2125, § 1, 8-13-18)

State Law reference— Similar provisions, MCL 123.1103 and 123.1104.

All firearms, pistols or weapons, declared to be illegal under state or federal law, carried, possessed or used contrary to the provisions of this Code or state or federal law are hereby declared contraband and are forfeited and shall be disposed of in accordance with state law.

(Code 1958, § 8-105; Ord. No. 467, § 1, 12-27-71; Ord. No. 1019, § 1, 5-28-02; Ord. No. 2125, § 1, 8-13-18)

State Law reference— Similar provisions, MCL 28.434 and 750.239.

No person shall hunt, trap, snare, shoot or kill any game birds or wild fowl of any kind whatsoever with a shotgun, pistol, trap, snare, dog or any other hunting device of any kind or nature at any place within the city. Any person owning five acres or more of farmland under actual cultivation within the city may make application for and receive from the police department a permit to hunt, trap or snare game birds or wild fowl upon such land for a limited time, provided that such hunting or shooting of game birds or wild fowl does not endanger the life, limb, safety or welfare of other persons or property.

(Code 1958, § 8-106; Ord. No. 1019, § 1, 5-28-02)

Any gun, rifle, pistol or other hunting device found upon or in the possession or under the control of any person in violation of section 17-145 shall be taken from such person by the officer making the arrest, and impounded, and upon the conviction of such person, such firearm or other hunting device shall be confiscated and disposed of by the city.

(Code 1958, § 8-107; Ord. No. 1019, § 1, 5-28-02)

(a)

The sale or distribution of offensive weapons or paraphernalia including, but not limited to, stars or nunchaku are hereby expressly prohibited.

(b)

All applications for a business license for the sale of offensive or dangerous weapons, such as stars or nunchaku, shall be first submitted to the chief of police, who shall investigate and make a determination as to whether or not the sale of such items constitutes dangerous or offensive weapons. If the chief of police or his designate shall determine that a license is being sought for such sale of dangerous or offensive weapons, such as stars or nunchaku, he shall so certify upon the application requesting that the application for a business license be denied.

(Ord. No. 765, §§ 1, 2, 9-23-85; Ord. No. 1019, § 1, 5-28-02)

Editor's note— Ordinance No. 765, §§ 1, 2, adopted Sept. 23, 1985, was non-amendatory of the Code; hence, codification herein as § 17-147 has been at the editor's discretion.

Any person who shall violate the provisions of chapter 17, article VII, section 17-138 through section 17-147 shall be guilty of a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine or not more than $500.00.

(Ord. No. 1019, § 1, 5-28-02)

[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:]

Controlled substance means a drug, substance, or immediate precursor included in schedules 1 through 5, of part 72, of the Michigan Public Health Code, Act 368 of 1978, MCL 333.7201 et. al.

Controlled substance analogue means a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or allucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:

(1)

A controlled substance.

(2)

A substance for which there is an approved new drug application.

(3)

A substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the Federal Food, Drug and Cosmetic Act, chapter 675, 52 Stat. 1052, 21 U.S.C. 355, to the extent conduct with respect to the substance is pursuant to the exemption.

(4)

Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

Counterfeit prescription form means a printed form that is the same or similar to a prescription form and that was manufactured, printed, duplicated, forged, electronically transmitted, or altered without the knowledge or permission of a prescriber.

Counterfeit substance means a controlled substance that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

Deleterious drug means a drug, other than a proprietary medicine, likely to be destructive to adult human life in quantities of 3.88 grams or less.

Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Drug means a substance recognized as a drug in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals; a substance other than food intended to affect the structure or any function of the body of human beings or animals; or, a substance intended for use as a component of any article specified in this subsection. It does not include a device or its components, parts, or accessories.

Human consumption means application, injection, inhalation, or ingestion by a human being.

Manufacture means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. It includes the packaging or repackaging of the substance or labeling or relabeling of its container, except that it does not include:

(1)

The preparation or compounding of a controlled substance by an individual for his or her own use.

(2)

The preparation, compounding packaging, or labeling of a controlled substance:

a.

By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of his or her professional practice.

b.

By a practitioner, or by the practitioner's authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

Marihuana means all parts of the plant Canabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted there from, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Narcotic drug means one or more of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1)

Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

(2)

Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium.

(Ord. No. 1087, § 1, 6-11-12)

A person shall not knowingly or intentionally possess, sell, manufacture, create or deliver a controlled substance classified in schedule 1, 2, 3, 4 or 5 of the Michigan Public Health Code, Act 368 of 1978, MCL 333.7201 et. al., a controlled substance analogue, a counterfeit substance, a deleterious drug, a prescription form, a counterfeit prescription form, unless the controlled substance, controlled substance analogue, deleterious drug, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by law.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both. The court may place a person who has not previously been convicted of violating this section on probation subject to the terms and conditions set forth in MCL 333.7411.

(Ord. No. 1087, § 1, 6-11-12)

A person shall not use a controlled substance classified in schedule 1, 2, 3, 4 or 5 of the Michigan Public Health Code, Act 368 of 1978, MCL 333.7201 et. al., or controlled substance analogue unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by law.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both. The court may place a person who has not previously been convicted of violating this section on probation subject to the terms and conditions set forth in MCL 333.7411.

(Ord. No. 1087, § 1, 6-11-12)

(a)

A person shall not do any of the following:

(1)

Own, possess, or use a vehicle, building, structure, place, or area that he or she knows or has reason to know is to be used as a location to manufacture a controlled substance in violation of this article or a counterfeit substance or a controlled substance analogue in violation of this article.

(2)

Own or possess any chemical or any laboratory equipment that he or she knows or has reason to know is to be used for the purpose of manufacturing a controlled substance in violation of this article or a counterfeit substance or a controlled substance analogue in violation of this article.

(3)

Provide any chemical or laboratory equipment to another person knowing or having reason to know that the other person intends to use that chemical or laboratory equipment for the purpose of manufacturing a controlled substance in violation of this article or a counterfeit substance or a controlled substance analogue in violation of this article.

(b)

This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(Ord. No. 1087, § 1, 6-11-12)

(a)

A person shall not fraudulently obtain or attempt to obtain a controlled substance or a prescription for a controlled substance from a health care provider.

(b)

As used in this section, "health care provider" means a health professional, health facility, or local health department as that term is defined in section MCL 333.9206.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both. The court may place a person who has not previously been convicted of violating this section on probation subject to the terms and conditions set forth in MCL 333.7411.

(Ord. No. 1087, § 1, 6-11-12)

A person 17 years of age or over who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit any act that would be a violation of this article, if committed by an adult, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.

(Ord. No. 1087, § 1, 6-11-12)

No person shall knowingly loiter about, frequent or live in any building, apartment, store, motor vehicle, boat, boathouse, aeroplane or other place of any description whatsoever where a controlled substance or drug parahernalia is used, sold, dispensed, furnished, given away, stored or kept.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.

(Ord. No. 1087, § 1, 6-11-12)

As used in this article, "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 weighing 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 seeds from, or in otherwise cleaning or refining, marihuana.

(6)

An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, 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.

(10)

A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.

(11)

A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.

(12)

A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.

(13)

A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

(Ord. No. 1087, § 1, 6-11-12)

A person shall not knowingly or intentionally possess drug paraphernalia.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.

(Ord. No. 1087, § 1, 6-11-12)

(a)

Subject to subsection (b), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia 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.

(b)

Before a person is arrested for a violation of subsection (a), the prosecuting attorney shall notify the person in writing, not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the prosecuting attorney to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (a).

(c)

If a person complies with a notice sent under subsection (b), the compliance is a complete defense for the person against a prosecution under this section, as long as the compliance continues.

[(d)]

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.

(Ord. No. 1087, § 1, 6-11-12)

A person who commits any of the following acts, and is not otherwise authorized by the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., to conduct such activities, may be punished as a City of Madison Heights ordinance violation as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law:

(1)

Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), of MCL 333.27954, a person who possesses not more than the amount of marihuana allowed by MCL 333.27955, cultivates not more than the amount of marihuana allowed by MCL 333.27955, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by MCL 333.27955, or possesses with intent to deliver not more than the amount of marihuana allowed by MCL 333.27955, is responsible for a civil infraction and may be punished by a fine of not more than $100.00 and forfeiture of the marihuana.

(2)

Except for a person who engaged in conduct described in MCL 333.27954, a person who possesses not more than twice the amount of marihuana allowed by MCL 333.27955, cultivates not more than twice the amount of marihuana allowed by MCL 333.27955, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by MCL 333.27955, or possesses with intent to deliver not more than twice the amount of marihuana allowed by MCL 333.27955:

a.

For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $250.00 and forfeiture of the marihuana;

b.

For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $500.00 and forfeiture of the marihuana;

c.

For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $500.00 and forfeiture of the marihuana.

(3)

Except for a person who engaged in conduct described by MCL 333.27954 sections 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:

a.

For a first violation, is responsible for a civil infraction and may be punished as follows:

1.

If the person is less than 18 years of age, by a fine of not more than $100.00 or community service, forfeiture of the marihuana, and completion of four hours of drug education or counseling; or

2.

If the person is at least 18 years of age, by a fine of not more than $100.00 and forfeiture of the marihuana.

b.

For a second violation, is responsible for a civil infraction and may be punished as follows:

1.

If the person is less than 18 years of age, by a fine of not more than $500.00 or community service, forfeiture of the marihuana, and completion of eight hours of drug education or counseling; or

2.

If the person is at least 18 years of age, by a fine of not more than $500.00 and forfeiture of the marihuana.

(4)

Except for a person who engaged in conduct described in MCL 333.27954, a person who possesses more than twice the amount of marihuana allowed by MCL 333.27955, cultivates more than twice the amount of marihuana allowed by MCL 333.27955, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by MCL 333.27955, the person is guilty of a misdemeanor and may be punished by a fine of not more than $500.00 and forfeiture of the marihuana, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

(5)

A person who: consumes marihuana in a public place or smokes marihuana where prohibited by the owner, occupant or manager of the property; cultivates marihuana plants if the plants are visible from a public place; consumes marihuana while operating, navigating being in physical control of any motor vehicle, aircraft, snowmobile, off-road vehicle, or motorboat, or smokes marihuana within the passenger area of a vehicle upon a public way; possesses more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents or area; separates plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure, is responsible for a civil infraction and may be punished by a fine of not more than $100.00 and forfeiture of the marihuana.

(Ord. No. 2147, § 1, 1-13-20)

State Law reference— Similar provisions, MCL 333.27954 and 333.27965.

As used in this article, "chemical agent" means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, difluoroethane and difluoroethane derivatives, hydrocarbons and hydrocarbon derivatives.

(Ord. No. 1081, § 1, 3-28-11)

No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

(Ord. No. 1081, § 1, 3-28-11)

(a)

A person shall not sell or otherwise distribute to another person any device that contains any quantity of nitrous oxide or sell or otherwise distribute a device to dispense nitrous oxide for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system. This subsection does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to any of the following:

(1)

A person licensed under the Food Processing Act of 1977, 1978 PA 328, MCL 289.801 to 289.810, or chapter VII of the Food Law of 2000, 2000 PA 92, MCL 289.7101 to 289.7137, who sells or otherwise distributes the device as a grocery product.

(2)

A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business.

(3)

A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the Public Health Code, 1978 PA 368, MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy.

(d)

A health care professional.

(Ord. No. 1081, § 1, 3-28-11)

A person who violates this article is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(Ord. No. 1081, § 1, 3-28-11)

It is the intent of this article to regulate the storing, labeling and recovery of shopping carts and to prohibit any person from the unlawful removal of shopping carts from the premises of the owners, or the abandonment of carts in the city.

(Ord. No. 1056, § 1, 2-11-08)

The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Cart shall mean any rolling basket or container commonly used to hold and/or transport merchandise in or around a store.

Premises shall mean the entire private property where a store is situated.

Store shall mean and include any place that offers merchandise for sale.

(Ord. No. 1056, § 1, 2-11-08)

All stores making carts available to their customers shall identify their ownership of said carts by attaching thereto in a permanent manner, a tag or other identification stating the owner of said cart and the store at which the cart is to be maintained or kept in the city. The failure to attach to said cart such identification or failure of such identification to be on the said cart at the time of being recovered from its abandonment, shall relieve the city of any necessity to notify any owner thereof of the fact that the said cart is in the possession of the city and any such unmarked cart shall be retrieved and be disposed of under the provisions of section 17-199.

(Ord. No. 1056, § 1, 2-11-08)

All stores making carts available to their customers shall, daily, put all carts left on the premises inside the building or in storage areas so designated on approved plans within one hour after closing of the business to the general public or midnight which ever occurs first. It shall be the duty of the store manager, or person in charge of said store, to comply with the enforcement of this section.

(Ord. No. 1056, § 1, 2-11-08)

Removal of carts from the store premises without the written consent of the store manager, owner or his representative, shall be a violation of this article and constitute a misdemeanor punishable by the terms of section 1-7 of this Code.

(Ord. No. 1056, § 1, 2-11-08)

All stores in the city that furnish carts for the use of the public, shall post the following notice within their business premises in a place where the same can be readily seen by the public:

"Removing carts from the store parking area without written consent is a violation of city code, section 17-196 and may be subject to a $500.00 fine and/or 90 days in jail."

(Ord. No. 1056, § 1, 2-11-08)

It shall be unlawful for any person or store to abandon, or suffer to be abandoned, any cart from any store within the city.

(Ord. No. 1056, § 1, 2-11-08)

Any abandoned cart, not located on the premises of a store, shall be subject to impoundment by the city or the city's towing contractor. Each store shall be notified whenever a minimum of ten carts from the store have been impounded. Upon notification by the city or the city's towing contractor that an abandoned cart has been impounded, all stores shall have 21 days to retrieve same. Carts may be redeemed within the 21-day period for a per cart fee establish by resolution of council. Carts not redeemed within the specified period, may be auctioned, recycled or disposed of, by the city or the city's towing contractor.

(Ord. No. 1056, § 1, 2-11-08)

Cross reference— Department of public works, Ch. 2, Art. V.

As used in this article:

Crime means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any criminal offense in connection with which the forfeiture of property is sought.

Instrumentality of a crime means any property, other than real property, the use of which contributes directly and materially to the commission of a crime.

Person means an individual, corporation, limited liability company, partnership, or other business entity, or an unincorporated or voluntary association.

Proceeds of a crime means any property obtained through the commission of a crime, including any appreciation in the value of the property.

Security interest means any interest in real or personal property that secures payment or performance of an obligation.

Substituted proceeds of a crime means any property obtained or any gain realized by the sale or exchange of proceeds of a crime.

Willful blindness means the intentional disregard of objective fact that would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4701.

(1)

Except as otherwise provided in this article, the following property is subject to seizure by, and forfeiture to the city under this article:

(a)

All personal property that is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime.

(b)

All real property that is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime, except real property that is the primary residence of the spouse or a dependent child of the owner, unless that spouse or dependent child had prior knowledge of, and consented to the commission of, the crime.

(2)

Property is not subject to seizure or forfeiture if either of the following circumstances exists:

(a)

The owner of the property did not have prior knowledge of, or consent to the commission of, the crime, if the lack of prior knowledge is not the result of the owner's willful blindness.

(b)

Upon learning of the commission of the crime, the owner of the property served written and timely notice of the commission of the crime upon an appropriate law enforcement agency and served a written and timely notice to quit upon the person who committed the crime.

(3)

The forfeiture of property encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of, the crime.

(4)

The forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor, if the vendor did not have prior knowledge of, or consent to the commission of, the crime.

(5)

The forfeiture of the substituted proceeds of a crime is limited to the value of the proceeds of the crime in addition to both of the following:

(a)

The amount by which any restitution or damages owed to the victim of the crime exceeds the value of the proceeds of the crime.

(b)

The amount by which any reasonable expenses of the forfeiture proceedings and sale, including, but not limited to, expenses for maintaining custody of the property, as well as advertising and prosecution costs, exceeds the value of the proceeds of the crime.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4702.

(1)

Personal property subject to forfeiture under this article may be seized pursuant to an order of seizure issued by the court having jurisdiction over the property upon a showing of probable cause that the property is subject to forfeiture.

(2)

Personal property subject to forfeiture under this article may be seized without process under any of the following circumstances:

(a)

The property is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime and the seizure is incident to a lawful arrest.

(b)

The seizure is pursuant to a valid search warrant.

(c)

The seizure is pursuant to an inspection under a valid administrative inspection warrant.

(d)

There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

(e)

Exigent circumstances exist that preclude the obtaining of a court order, and there is probable cause to believe that the property is subject to forfeiture under this article.

(f)

The property is the subject of a prior judgment in favor of the city in a forfeiture proceeding.

(3)

The city attorney may apply ex parte for an order authorizing the filing of a lien notice against real property subject to forfeiture under this article. The application shall be supported by a sworn affidavit setting forth probable cause for a forfeiture action pursuant to this article. An order authorizing the filing of a lien notice may be issued upon a showing of probable cause to believe that the property is subject to forfeiture under this article.

(4)

Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

(a)

The property is contraband.

(b)

The ownership of the property is disputed until the dispute is resolved.

(c)

The property is required to be retained as evidence under section 4(4) of the Crime Victim's Rights Act, 1985 PA 87, MCL 780.754.

(5)

Personal property seized under this article is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (4) and sections 17-205 to 17-207 or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. Except as provided in subsection (6), when property is seized under this chapter, the seizing agency may do either or both of the following:

(a)

Place the property under seal.

(b)

Remove the property to a place designated by the court.

(6)

The seizing agency may deposit money seized under this article into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.

(7)

Title to all property subject to forfeiture under this article vests in the city upon the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after the property vests under this subsection. Any subsequent property transfer that occurs before the final disposition of the forfeiture proceeding is void against the city unless the transferee claims and establishes all of the following:

(a)

The transferee has an interest of record in the property.

(b)

The transferee purchased the property in good faith and for fair value.

(c)

The property interest was acquired without notice of the forfeiture proceeding or the facts that gave rise to the proceeding.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4703.

(1)

Within 28 days after personal property is seized or a lien notice is filed against real property, the seizing agency or, if the property is real property, the city attorney shall give notice of the seizure of the property and the intent to forfeit and dispose of the property according to this article to each of the following persons:

(a)

If charges have been filed against a person for a crime, the person charged.

(b)

Each person with a known ownership interest in the property.

(c)

Each mortgagee, person holding a security interest, or person having a lien that appears on the certificate of title or is on file with the secretary of state or appropriate register of deeds, if the property is real property, a mobile home, motor vehicle, watercraft, or other personal property.

(d)

Each holder of a preferred ship mortgage of record in the appropriate public office pursuant to 46 USC 30101, 31301—31343, if the property is a watercraft more than 28 feet long or a watercraft that has a capacity of five net tons or more.

(e)

Each person whose security interest is recorded with the appropriate public office pursuant to the Federal Aviation Act of 1958, Public Law 85-726, if the property is an aircraft, aircraft engine, or aircraft propeller, or a part of an aircraft, aircraft engine, or aircraft propeller.

(f)

Each person with a known security interest in the property.

(g)

Each victim of the crime.

(2)

The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for ten successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

(3)

If personal property was seized, the seizing agency shall immediately notify the city attorney of the seizure of the property and the intent to forfeit and dispose of the property according to this article.

(4)

An attorney for a person described in subsection (1)(a) shall be afforded a period of 56 days within which to examine money seized under this article. This 56-day period shall begin to run after notice is given under subsection (1) but before the money is deposited into a financial institution.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4704.

(1)

A person who did not have prior knowledge of, or consent to the commission of, the crime, or a transferee under section 17-203(7), may move the court having jurisdiction to return the property or discharge the lien on the grounds that the property was illegally seized, that the property is not subject to forfeiture under this article, or that the person has an ownership or security interest in the property and did not have prior knowledge of, or consent to the commission of, the crime, or acquired an ownership or security interest by a transfer that is not void under section 17-203(7). The court shall hear the motion within 28 days after the motion is filed.

(2)

At the hearing on the motion filed under subsection (1), the city attorney, shall establish the following:

(a)

Probable cause to believe that the property is subject to forfeiture under this article and that the person filing the motion had prior knowledge of, or consented to the commission of, the crime, or acquired his or her interest by a transfer that is void under section 17-203(7). Prior written notice of illegal use of the property to the interest holder constitutes prima facie evidence of knowledge of the crime.

(b)

If the person filing the motion claims the property was illegally seized, that the property was properly seized.

(3)

If the city attorney fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the property, including any interest earned on money deposited in a financial institution as defined in section 17-203(6), or the discharge of the lien.

(4)

If a motor vehicle is seized under section 17-203, the owner of the vehicle may move the court having jurisdiction over the forfeiture proceedings to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner. The court shall hear the motion within seven days after the motion is filed. If the owner of the vehicle establishes at the hearing that he or she holds the legal title of the vehicle and that it is necessary for him or her or his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency to return the vehicle to the owner. If the court orders the return of the vehicle to the owner, the court shall order the seizing agency to file a lien against the vehicle and the owner to post a bond in an amount equal to the value of the vehicle.

(5)

The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4705.

(1)

Except as otherwise provided by law, personal property seized under section 17-203 shall be returned to the owner, or a lien filed against real property under section 17-203, within seven days after the occurrence of any of the following:

(a)

A warrant is not issued against a person for the commission of a crime within 28 days after the property is seized or, if the property is real property, within 28 days after the lien is filed.

(b)

All charges against the consenting legal owner relating to the commission of a crime are dismissed.

(c)

The consenting legal owner charged with committing a crime is acquitted of the crime.

(d)

In the case of multiple defendants, all persons charged with committing a crime are acquitted of the crime.

(e)

Entry of a court order under this article for the return of the property or the discharge of the lien.

(2)

Before the expiration of period of time prescribed under section (1)(a), the city attorney may petition the court ex parte for not more than an additional 28 days to complete its investigation and issue charges or return the property. The court shall grant an extension under this subsection to the extent necessary upon determining that there is good cause shown for the extension.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4706.

(1)

Within seven days after personal property is returned to the owner, or a lien filed against real property or a motor vehicle is discharged pursuant to section 17-206, the seizing agency, or if the property is real property, the city attorney who gave notice of the seizure of the property and the intent to forfeit and dispose of the property pursuant to section 17-204, shall give notice to the persons who received notice pursuant to section 17-204 that the property has been returned to the owner or that the lien has been discharged pursuant to section 17-206.

(2)

The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for ten successive publishing days.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4706a.

(1)

If property subject to forfeiture under this article has a total value of less than $100,000.00, within 28 days after the conviction of a person of a crime, the city shall give notice of the seizure of the property or, if a lien has been filed, the filing of the lien, and the intent to begin proceedings to forfeit and dispose of the property according to this article to each of the persons to whom notice is required to be given under section 17-204. Notice shall be given in the same manner as required under section 17-204.

(2)

Within 28 days after receipt of the notice or of the date of the first publication of the notice under subsection (1), a person claiming an interest in property subject to the notice may file a claim with the city expressing his or her interest in the property and any objection to forfeiture. The objection shall be written, verified, and signed by the claimant, and include a description of the property interest asserted. The verification shall be notarized and include a certification stating that the undersigned has examined the claim and answer and believes it to be, to the best of his or her knowledge, true and complete.

(3)

Except in the case of real property, if no claim is filed within the 28-day period as described in subsection (2), the city shall declare the property forfeited and shall dispose of the property according to section 17-208.

(4)

If a claim is filed within the 28-day period as described in subsection (2), the city shall transmit the claim with a list and description of the property to the city attorney. The city attorney shall institute a civil action for forfeiture within 28 days after the expiration of the 28-day period.

(5)

If property subject to forfeiture under this article has a total value of more than $100,000.00 or is real property, the city attorney, shall institute a civil action for forfeiture within 28 days after the conviction of a person of a crime.

(6)

At the forfeiture proceeding, the plaintiff shall prove all the following by a preponderance of the evidence:

(a)

That the property is the proceeds of a crime, the substituted proceeds of a crime, or an instrumentality of a crime.

(b)

If a person, other than the person convicted of the crime, claims an ownership or security interest in the property, that the person claiming the interest in the property had prior knowledge of, or consented to the commission of, the crime.

(c)

If a person, other than the person convicted of the crime, claims an ownership or security interest in the property under section 17-203(7), that the transfer occurred subsequent to the criminal conduct that gave rise to forfeiture.

(7)

If the plaintiff carries the burden of proof described in subsection (6)(c), the burden of proof shifts to the claimant to prove by a preponderance of the evidence that the transfer was not void under section 17-203(7).

(8)

If the plaintiff fails to meet the burden of proof under subsection (6), the property shall be returned to the owner within seven days after the court issues a dispositive order.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4707.

(1)

When property is forfeited under this article, the city may sell the property that is not required to be destroyed by law and that is not harmful to the public and may dispose of the proceeds and any money, including any interest earned on money deposited in a financial institution as described in section 17-203(6), negotiable instrument, security, or other thing of value that is forfeited under this article in the following order of priority:

(a)

Pay any outstanding security interest of a secured party who did not have prior knowledge of, or consent to the commission of, the crime, or did not acquire his or her interest as the result of a transfer that is void under section 17-203(7).

(b)

Satisfy any order of restitution in the prosecution for the crime.

(c)

Pay the claim of each person who shows that he or she is a victim of the crime to the extent that the claim is not covered by an order of restitution.

(d)

Pay any outstanding lien against the property that has been imposed by a governmental unit.

(e)

Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, as well as reasonable prosecution and court costs.

(f)

The balance remaining after the payment of restitution, the claims of victims, outstanding liens, and expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the city.

(2)

In the course of selling real property under subsection (1), the court that enters an order of forfeiture, on motion of the city, may appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver has authority to do all of the following:

(a)

List the forfeited real property for sale.

(b)

Make whatever arrangements are necessary for the maintenance and preservation of the forfeited real property.

(c)

Accept offers to purchase the forfeited real property.

(d)

Execute instruments transferring title to the forfeited real property.

(3)

If any property included in the order of forfeiture under this article cannot be located or has been sold to a bona fide purchaser for value, placed beyond the jurisdiction of the court, substantially diminished in value by the conduct of the defendant, or commingled with other property that cannot be divided without difficulty or undue injury to innocent persons, the court may order forfeiture of any other reachable property of the owner up to the value of the property that is unreachable as described in this subsection. This subsection only applies against an owner that is also the person convicted of the crime underlying the forfeiture action.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4708.

The forfeiture action and related proceedings provided for in this article shall be brought in the district court pursuant to that court's equity jurisdiction.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4709.

(1)

The city shall report all seizure and forfeiture activities under this chapter to the department of state police as required under the Uniform Forfeiture Reporting Act, MCL 28.111 et seq.

(2)

The city is subject to audit as required under the Uniform Forfeiture Reporting Act, MCL 28.111 et seq.

(Ord. No. 2145, § 1A, 11-25-19)

State Law reference— Similar provisions, MCL 600.4710.

(1)

The following property is subject to forfeiture:

(a)

A prescription form, controlled substance, an imitation controlled substance, a controlled substance analogue, or other drug that has been manufactured, distributed, dispensed, used, possessed, or acquired in violation of this article.

(b)

A raw material, product, or equipment of any kind that is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled substance, a controlled substance analogue, or other drug in violation of this article; or a raw material, product, or equipment of any kind that is intended for use in manufacturing, compounding, processing, delivering, importing, or exporting an imitation controlled substance in violation of MCL 333.7341.

(c)

Property that is used, or intended for use, as a container for property described in subdivision (a) or (b).

(d)

Except as provided in subparagraphs (i) to (iv), a conveyance, including an aircraft, vehicle, or vessel used or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in subdivision (a) or (b):

(i)

A conveyance used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article.

(ii)

A conveyance is not subject to forfeiture by reason of any act or omission established by the owner of that conveyance to have been committed or omitted without the owner's knowledge or consent.

(iii)

A conveyance is not subject to forfeiture for a violation of section MCL 333.7403(2)(c) or (d), MCL 333.7404, or MCL 333.7341(4).

(iv)

A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.

(e)

Books, records, and research products and materials, including formulas, microfilm, tapes, and data used, or intended for use, in violation of this article.

(f)

Anything of value that is furnished or intended to be furnished in exchange for a controlled substance, an imitation controlled substance, or other drug in violation of this article that is traceable to an exchange for a controlled substance, an imitation controlled substance, or other drug in violation of this article or that is used or intended to be used to facilitate any violation of this article including, but not limited to, money, negotiable instruments, or securities. To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this subdivision by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent. Any money that is found in close proximity to any property that is subject to forfeiture under subdivision (a), (b), (c), (d), or (e) is presumed to be subject to forfeiture under this subdivision. This presumption may be rebutted by clear and convincing evidence.

(g)

Any other drug paraphernalia not described in subdivision (b) or (c).

(2)

The plaintiff in a forfeiture action under this article has the burden of proving a violation of this article by clear and convincing evidence. This subsection applies to forfeiture proceedings commenced under this article on or after the effective date of the amendatory act that added this subsection.

(3)

As used in this section, "imitation controlled substance" means that term as defined in MCL 333.7341.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7521.

(1)

Except as otherwise provided in this section, property may be seized as provided in section 17-222 for a violation of this article, but is not subject to forfeiture under section 17-221 or disposition under section 17-224 unless a criminal proceeding involving or relating to the property has been completed and the defendant pleads guilty to or is convicted of a violation of this article.

(2)

A criminal conviction or guilty plea under subsection (1) is not required if one or more of the following apply:

(a)

No person claims any interest in the property as provided under section 17-223 or the owner of the property withdraws his or her claim in the property.

(b)

The owner of the property waives the criminal conviction or plea requirement under subsection (1) and elects to proceed with the civil forfeiture proceeding.

(c)

A criminal charge has been filed and one or both of the following apply:

(i)

The defendant is outside this state and cannot reasonably be extradited or brought back to the state for prosecution.

(ii)

Reasonable efforts have been made by law enforcement authorities to locate and arrest the defendant, but the defendant has not been located.

(3)

If a person withdraws his or her claim under subsection (2)(a), the city attorney must review the seizure of the property and approve the forfeiture of the property before the property may be forfeited.

(4)

Subsection (1) does not prohibit the immediate destruction of property that may not be lawfully possessed by any person or that is dangerous to the health or safety of the public regardless of whether the person is convicted of a violation of this article.

(5)

This section applies to forfeiture proceedings that are initiated on or after the effective date of this amendatory act.

(6)

This section does not apply to forfeiture proceedings in which the aggregate fair market value of the property and currency seized exceeds $50,000.00, excluding the value of contraband.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7521a.

Property that is subject to forfeiture under this article or pursuant to section 17-221 may be seized upon process issued by the court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances:

(a)

Incident to a lawful arrest, pursuant to a search warrant, or pursuant to an inspection under an administrative inspection warrant.

(b)

The property is the subject of a prior judgment in favor of this state in an injunction or forfeiture proceeding under this article.

(c)

There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

(d)

There is probable cause to believe that the property was used or is intended to be used in violation of this article.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7522.

(1)

Subject to section 17-221a, if property is seized under section 17-222, forfeiture proceedings must be instituted promptly. If the property is seized without process under section 17-222, and the total value of the property seized does not exceed $50,000.00, the following procedure must be used:

(a)

The local unit of government that seized the property shall notify the owner of the property that the property has been seized and, if charges have been filed against a person for a crime, the person charged, and that the local unit of government intends to forfeit and dispose of the property by delivering a written notice to the owner of the property or by sending the notice to the owner by certified mail. If the name and address of the owner are not reasonably ascertainable, or delivery of the notice cannot be reasonably accomplished, the notice must be published on the local unit of government's public website and in a newspaper of general circulation in the county in which the property was seized, for ten successive publishing days.

(b)

Unless all criminal proceedings involving or relating to the property have been completed, the seizing agency shall immediately notify the city of the seizure of the property and the intention to forfeit and dispose of the property.

(c)

Any person claiming an interest in property that is the subject of a notice under subdivision (a) may, within 20 days after receipt of the notice or of the date of the first publication of the notice, file a written claim signed by the claimant with the local unit of government expressing his or her interest in the property and any objection to forfeiture. A claim or an objection under this subsection must be written, verified, and signed by the claimant, and include a detailed description of the property and the property interest asserted. The verification must include a certification under the penalty of perjury stating that the undersigned has examined the claim and believes it to be, to the best of the claimant's knowledge, true and complete. A written claim under this subsection must be made on the form developed by the state court administrative office as required under subsection (2). Upon the filing of the claim, the local unit of government shall transmit the claim with a list and description of the property seized to the city attorney. The city attorney shall promptly institute forfeiture proceedings after the expiration of the 20-day period.

(d)

If no claim is filed within the 20-day period as described in subdivision (c), the local unit of government shall declare the property forfeited and shall dispose of the property as provided under section 17-224.

(2)

Any person asserting an ownership interest in seized property under subsection (1)(c) shall use the state court administrative office official form for properly asserting an ownership interest in seized property.

(3)

Property taken or detained under this article is not subject to an action to recover personal property, but is deemed to be in the custody of the seizing agency subject only to this section or an order and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the seizing agency may do any of the following:

(a)

Place the property under seal.

(b)

Remove the property to a place designated by the court.

(c)

Require the administrator to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(d)

Deposit money seized under this article into an interest-bearing account in a financial institution. As used in this subdivision, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.

(4)

Title to real property forfeited under this article must be determined by a court of competent jurisdiction. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.

(5)

An attorney for a person who is charged with a crime involving or related to money seized under this article must be afforded a period of 60 days within which to examine that money. This 60-day period begins to run after notice is given under subsection (1)(a) but before the money is deposited into a financial institution under subsection (3)(d). If city attorney fails to sustain his or her burden of proof in forfeiture proceedings under this article, the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (3)(d).

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7523.

(1)

If section 17-221a applies to a forfeiture case under this article, the seized property is subject to forfeiture under section 17-221, and a person has filed a claim as provided under section 17-223, a civil forfeiture action under this act must be stayed during the pendency of the applicable criminal proceedings. The civil forfeiture action must proceed after the defendant is convicted of, or enters a guilty plea to, the offense involved, or one or more of the events described in section 17-221a(2) applies.

(2)

At the forfeiture hearing, the plaintiff must prove one or both of the following, as applicable:

(a)

The property is subject to forfeiture as provided in section 17-221(1).

(b)

If a person, other than the person who has been convicted of a violation of the Public Health Code, Act 368 of 1978, or a local ordinance substantially corresponding to the Public Health Code, or entered into a plea agreement in connection with a violation of Public Health Code, Act 368 of 1978, or a local ordinance substantially corresponding to the Public Health Code as provided under section 17-221a(1), claims an ownership or security interest in the property, that the person claiming the interest in the property had prior knowledge of or consented to the commission of the crime.

(3)

If the plaintiff fails to meet the burden of proof under subsection (2), property seized under section 17-222 must be returned to the owner not more than 14 days from the date the court issues a dispositive order.

(4)

Except as otherwise provided in section 17-221a, property must be returned to the owner not more than 14 days after the occurrence of any of the following:

(a)

A warrant is not issued against a person for the commission of a crime within 90 days after the property was seized.

(b)

All charges against the person relating to the commission of a crime are dismissed.

(c)

The person charged with committing a crime is acquitted of the crime.

(d)

In the case of multiple defendants, all persons charged with committing a crime are acquitted of the crime.

(e)

Entry of a court order under this article for the return of the property.

(5)

A party to a forfeiture proceeding may seek an extension of the time periods described in this section for good cause. The court may grant a motion for an extension under this subsection for good cause shown.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7523a.

(1)

When property is forfeited under this article, the city may do any of the following:

(a)

Retain the property for official use.

(b)

Sell the property that is not required to be destroyed by law and that is not harmful to the public. The proceeds and any money, negotiable instruments, securities, or any other thing of value as described in section 17-221(1)(f) that are forfeited under this article shall be deposited with the city treasurer and applied as follows:

(i)

For the payment of proper expenses of the proceedings for forfeiture and sale, including expenses incurred during the seizure process, maintenance of custody, advertising, and court costs, except as otherwise provided in subsection (4).

(ii)

The balance remaining after the payment of expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the treasurer of the city. If more than one agency was substantially involved in effecting the forfeiture, the court having jurisdiction over the forfeiture proceeding shall equitably distribute the money among the treasurers of the entities having budgetary authority over the seizing agencies. A seizing agency may direct that the funds or a portion of the funds it would otherwise have received under this subsection be paid to nonprofit organizations whose primary activity is to assist law enforcement agencies with drug-related criminal investigations and obtaining information for solving crimes. The money received by a seizing agency under this subparagraph and all interest and other earnings on money received by the seizing agency under this subparagraph shall be used only for law enforcement purposes, as appropriated by the entity having budgetary authority over the seizing agency. A distribution made under this subparagraph shall serve as a supplement to, and not a replacement for, funds otherwise budgeted for law enforcement purposes.

(2)

Notwithstanding subsection (1), the city may donate lights for plant growth or scales forfeited under this article to elementary or secondary schools or institutions of higher education that request in writing to receive those lights or scales under this subsection, for educational purposes. The city shall donate lights and scales under this subsection to elementary or secondary schools or institutions of higher education in the order in which the written requests are received. The city may limit the number of lights and scales available to each requestor.

(3)

In the course of selling real property under subsection (1)(b), the court that has entered an order of forfeiture may, on motion of the agency to whom the property has been forfeited, appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver has authority to do all of the following:

(a)

List the forfeited real property for sale.

(b)

Make whatever arrangements are necessary for the maintenance and preservation of the forfeited real property.

(c)

Accept offers to purchase the forfeited real property.

(d)

Execute instruments transferring title to the forfeited real property.

(4)

If a court enters an order of forfeiture, the court may order a person who claimed an interest in the forfeited property under section 17-223(1)(c) to pay the expenses of the proceedings of forfeiture to the city.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7524.

(1)

The city shall report all seizure and forfeiture activities under this article to the department of state police as required under the Uniform Forfeiture Reporting Act, MCL 28.111 et seq.

(2)

The city is subject to audit as required under the Uniform Forfeiture Reporting Act, MCL 28.111 et seq.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7524b.

(1)

A controlled substance listed in schedule 1 that is possessed, transferred, sold, or offered for sale in violation of the Public Health Code, Act 368 of 1978, or a local ordinance substantially corresponding to the Public Health Code, is contraband and shall be seized and summarily forfeited. A controlled substance listed in schedule 1 which is seized or comes into the possession of the city, the owner of which is unknown, is contraband and shall be summarily forfeited.

(2)

Species of plants from which controlled substances in schedules 1 and 2 may be derived which have been planted or cultivated in violation of the Public Health Code, Act 368 of 1978, or a local ordinance substantially corresponding to the Public Health Code, or of which the owner or cultivator is unknown, or which are wild growths, may be seized and summarily forfeited.

(3)

The failure, upon demand by the city or its authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate license or proof that he or she is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7525.

(1)

Prior to trial the city attorney may move in writing for an order permitting the destruction of all or part of a controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance seized as evidence in connection with a violation of this article. The motion shall specify the reasons supporting the destruction. The city attorney shall serve a copy of the motion, and any supporting materials, on the defendant or his or her attorney.

(2)

If the defendant objects, the defendant or his or her attorney shall file specific objections within 21 days after receiving the motion described in subsection (1). Failing to comply with this time limit waives any objection to the destruction of the evidence.

(3)

Before any hearing on the motion, the defendant or his or her attorney shall have an adequate opportunity to inspect or test, or both, the evidence sought to be destroyed, subject to reasonable supervision by laboratory or law enforcement personnel.

(4)

Following a hearing, the court may order destruction of all or part of the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance if the court determines on the record that the destruction is warranted. The court shall specify the evidence to be destroyed and may include further provisions in the order as the interests of justice require.

(5)

The law enforcement agency having custody of the evidence shall destroy the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance in accordance with an order entered under subsection (4). Before destroying the evidence, the law enforcement agency shall make an accurate photographic record of the controlled substance, controlled substance analogue, counterfeit substance, or imitation controlled substance. The court may order that further records be made before the evidence is destroyed.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7527.

(1)

It is not necessary for the city to negate any exemption or exception in this article in a complaint, information, indictment, or other pleading or in a trial, hearing, or other proceeding under this article. The burden of proof of an exemption or exception is upon the person claiming it.

(2)

In the absence of proof that a person is the authorized holder of an appropriate license or order form issued under this article, the person is presumed not to be the holder of the license or order form. The burden of proof is upon the person to rebut the presumption.

(3)

A liability is not imposed by this article or an authorized state, county, or local officer, engaged in the lawful performance of the officer's duties.

(Ord. No. 2145, § 1B, 11-25-19)

State Law reference— Similar provisions, MCL 333.7531.

(a)

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.

(b)

The enumerated noises prohibited in this article shall not be deemed to be exclusive; any noise falling within the meaning of this section shall be prohibited.

(Code 1958, § 4-203)

None of the prohibitions in this article shall apply to or be enforced against any police or fire vehicle of the city or ambulance while engaged upon necessary public emergency business; necessary excavations or repairs of bridges, streets or highways by or on behalf of the city, county or state during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day; and the reasonable use of stationary amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(Code 1958, § 4-203)

(a)

Businesses in the City of Madison Heights shall not use speaker boxes, amplification and/or audio speaker devices at drive-through windows between the hours of 12:00 midnight and 7:00 a.m. for premises located within the city.

(b)

The owner and/or manager of the business shall be liable for any violations of this section.

(Ord. No. 918, § 1(17-40A), 12-27-94)

Editor's note— Ord. No. 918, § 1, adopted Dec. 27, 1994, amended the Code by adding provisions designated as § 17-40A. In order to conform to already existing Code format, the editor has redesignated these provisions as § 17-40.1.

Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m. or the making of any such noise at any time so as to annoy or disturb the quiet, comfort or repose of persons in any office, or of any persons in the vicinity is unlawful.

(Code 1958, § 4-203)

The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar 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 unreasonable loud or harsh sound; and the sounding of such device for an unnecessary period of time are unlawful.

(Code 1958, §§ 3-244, 4-203; Ord. No. 228, § 1, 8-12-63)

Cross reference— Traffic and motor vehicle code, Ch. 26.

The discharge into the open air or the exhaust of any steam engine, stationary internal combustion engine or motor vehicle except through a muffler or other device which effectively prevents loud explosive noises therefrom is unlawful.

(Code 1958, § 4-203)

Cross reference— Traffic and motor vehicle code, Ch. 26; for more provisions pertaining to exhaust systems, see § 17-54 and 17-58 et seq.

(a)

It shall be unlawful for any person to race the motor of any vehicle, to suddenly start or stop any vehicle, to make or cause to be made any loud noise, nuisance or disturbance whereby the peace and good order of the neighborhood are disturbed or annoyed. If a police officer is able to hear the vehicle noise or disturbance within 50 feet of the vehicle there shall be a presumption that the vehicle noise or disturbance was loud enough to disturb the public peace. This provision shall not prohibit a police officer from issuing a citation or warrant for disturbing the peace under this section if in the officer's opinion, the public peace was disturbed in some manner within the 50-foot presumption.

(b)

If a police officer is able to hear a vehicle radio, cassette, disc player, musical instrument, including the bass of said devices, or any other device within 50 feet of the vehicle, there shall be a presumption that the radio, cassette, disc player, musical instrument, including the bass of said devices, or other device was loud enough to disturb the public peace. If a police officer is able to hear the vehicle noise or disturbance within 50 feet of the vehicle there shall be a presumption that the vehicle noise or disturbance was loud enough to disturb the public peace. This provision shall not prohibit a police officer from issuing a citation or warrant for disturbing the peace under this section if in the officer's opinion, the public peace was disturbed in some manner within the 50-foot presumption.

(Code 1958, §§ 3-244, 4-203; Ord. No. 228, § 1, 8-12-63; Ord. No. 986, § 1, 9-27-99)

(a)

It shall be unlawful for any person to play any radio, cassette, disc player, television, phonograph, musical instrument, including the bass of said devices, or any other device in such a manner and with such volume as to annoy or disturb the quiet comfort or repose of persons in any dwelling place, motel, hotel or other type of residence or any business place.

(b)

Any person over the age of 17 residing in any dwelling or place of business, or any person over the age of 17 who has control over, or indicates in some manner that he/she has control over, the premises at the time of the disturbing of the peace, may be cited under this section.

(c)

If a police officer is able to hear a radio, cassette, disc player, television, phonograph or musical instrument, including the bass of said devices, or any other device or noise within 50 feet of a dwelling place, motel, hotel or any place of business, and/or five feet from any apartment or townhouse, or townhouse/apartment type condominium there shall be a presumption that said noise was loud enough to disturb the public peace. This provision shall not prohibit a police officer from issuing a citation or warrant for disturbing the peace if, in the officer's opinion, the public peace was disturbed in some manner within the 50- or 5-foot presumptions.

(Code 1958, § 4-203; Ord. No. 986, § 2, 9-27-99)

The use of any drum, loudspeaker, amplifier or other instrument or device for the purpose of attracting attention is unlawful.

(Code 1958, § 4-203)

It shall be unlawful to operate or cause to be operated a sound truck with a radio or amplifier within the city without first having obtained a permit therefor from the council.

(Code 1958, § 4-203)

The creating of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is unlawful.

(Code 1958, § 4-203)

The hawking of goods, merchandise or newspapers in a loud and boisterous manner is unlawful.

(Code 1958, § 4-203)

Cross reference— Peddlers, hawkers, etc., Ch. 7, Art. IV.

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 is unlawful.

(Code 1958, § 4-203)

This section includes any work on any property within the city. It shall be unlawful to perform any work including the erection, grading, excavating, demolition, alteration or repair of any building, and the excavation, construction and repair of streets and highways, other than between the hours of 7:00 a.m. and 7:00 p.m., local time, on weekdays, except in case of urgent necessity in the interest of public safety and health, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 7:00 p.m. and 7:00 a.m. local time, and if he shall further determine loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 7:00 p.m. and 7:00 a.m., local time, upon application being made at the time a permit for the work is awarded or during the progress of the work; provided, that this section shall not apply to the homeowner or occupant in making repairs or doing construction work on his own residential premises; and providing further that this section shall not apply to those persons other than the owner or occupants making repairs or doing construction work if said work is relatively quiet in nature, such as painting, lathing, plastering, insulating, trimming inside a house, glazing and other comparable work, as long as motorized equipment is not required for any phase of the work, after the hours of 1:00 p.m. on weekdays and after 10:00 a.m. on Sundays, except that no construction work of any kind shall be allowed prior to 10:00 a.m. on any Sunday.

(Code 1958, § 4-203; Ord. No. 122, § 1, 5-11-59; Ord. No. 328, § 1, 3-4-68)

Cross reference— Buildings and building regulation, Ch. 6.

(a)

Findings and purposes. Since it is the responsibility of the city, as authorized by the Home Rule Cities Act, to promote and protect the health, safety and welfare of its residents and to foster the comfortable enjoyment of life and property by its residents, it is hereby determined that noise can interfere with the comfortable enjoyment of life and property at adjacent or nearby properties and can constitute a direct threat to the public health, safety and welfare.

It has come to the attention of the city that numerous municipalities of generally similar physical characteristics have adopted ordinances which promote the enjoyment of peaceful neighborhoods by protecting certain noise-sensitive facilities and properties, such as residences, schools, nursing homes and health care facilities, from noise levels in excess of from 55 to 65 decibels during the day and in excess of from 48 to 55 decibels during the night.

The city finds it necessary and desirable to further protect the same noise-sensitive properties from certain common noise-generating activities and operations by adopting this section.

(b)

General provisions. Notwithstanding the maximum noise levels allowed pursuant to sections 10.509(6) of the zoning ordinance and 17-55 of this Code of Ordinances, no industrial facility or operation shall conduct or permit activities or operations (excluding construction and related activities which are regulated under section 17-51 and periodic repair and ground and building maintenance activities) which produce continuous or intermittent noise levels in excess of 65 decibels between the hours of 7:00 a.m. and 11:00 p.m. or in excess of 50 decibels between the hours of 11:00 p.m. and 7:00 a.m. at the property line of any residence or any hospital, nursing home or similar health care facility or in excess of 60 decibels between the hours of 7:00 a.m. and 9:00 p.m. at the property line of any school. The phrase "industrial facility or operation" means all facilities and operations which are required by the city zoning ordinance to be located in an M-1 or M-2 district, regardless of whether or not the facility or operation is in fact located in such a district and includes all vehicular traffic at such facility or operation.

(c)

Penalties. Any person or entity who shall violate any provision of this section shall be punished by a fine of not more than $500.00 and the costs of prosecution or by imprisonment for not more than 90 days, or both such fine and imprisonment. Each violation and every day upon which any such violation shall occur or continue shall constitute a separate offense.

(Ord. No. 873, § 1, 11-26-90)

(a)

Assault. It shall be unlawful for any person to willfully assault another or engage in or aid in a fight, quarrel or other disturbance and/or either attempt to commit a battery on another person or do an illegal act that causes another person to reasonably fear an immediate battery. A person who assaults an individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(b)

Assault and battery. It shall be unlawful for any person to commit a battery on another individual or to commit an assault and battery on another individual by a forceful or violent touching of another person or something closely connected with that person, whether or not that touching causes an injury. A person who assaults and batters an individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(c)

(1)

Domestic assault and domestic assault and battery. An individual who assaults or assaults and batters a "spouse or intimate partner," which is defined as all of the following:

a.

Spouse;

b.

Former spouse;

c.

An individual with whom he or she has had a child in common;

d.

An individual with whom he or she resides or has resided in the same household with;

e.

An individual with whom he or she has or has had a dating relationship with as that term is defined below;

is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

As used herein, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.

(2)

Deferral of proceedings; conditions.

a.

When an individual who has not been convicted previously of a violation of this section or section 81 or 81a of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, as amended, being MCL 750.81 and MCL 750.81a of the Michigan Compiled Laws, or a violation of a local ordinance substantially corresponding to this article or section 81 of Act No. 328 of the Public Acts of 1931, pleads guilty to, or is found guilty of, a violation of section 81 or 81a of Act No. 328 of the Public Acts of 1931, as amended, and the victim of the assault is the offender's spouse or former spouse, an individual who has a child in common with the offender, or an individual residing or having resided in the same household as the offender, or an individual with whom offender has or has had a dating relationship, as defined above, the court, without entering a judgment of guilty and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation, as provided in this section. However, before deferring proceedings under this subsection, the court shall contact the department of state police and determine whether, according to the records of the department of state police, the accused has previously been convicted under section 81 or 81a of Act No. 328 of the Public Acts of 1931, or under local ordinance substantially corresponding to this article or to section 81 of Act No. 328 of the Public Acts of 1931, or has previously availed himself or herself of this section. If the search of the records reveals an arrest for a violation of section 81 or 81a of Act No. 328 of the Public Acts of 1931 or this article or a local ordinance substantially corresponding to section 81 of Act No. 328 of the Public Acts of 1931 but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this section.

b.

Upon a violation of a term or condition of probation, the court may enter an adjudication of guilty and proceed as otherwise provided in this section.

c.

An order of probation entered under this subsection may require the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the program.

d.

The court shall enter an adjudication of guilty and proceed as otherwise provided in this section if any of the following circumstances exist:

1.

The accused commits an assaultive crime during a period of probation. As used in this section, "assaultive crime" means one or more of the following:

i.

That term as defined in subsection (a) and/or (b) of this section;

ii.

That term as defined in Section 9(a) of Chapter X, MCLA 770.9a;

iii.

A violation of Chapter XI of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being MSA 750.81, 750.90 of the Michigan Compiled Laws.

2.

The accused violates an order of the court that he or she receive counseling regarding his or her violent behavior.

3.

The accused violates an order of the court that he or she have no contact with a named individual.

e.

Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt, and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

f.

There may be only one discharge and dismissal under this section with respect to any individual. This court shall submit a non-public record to be maintained by the department of state police of an arrest and discharge or dismissal under this section. This record shall be furnished to a court or police agency upon request for the purpose of showing that a defendant in a criminal action under Section 81 or 81a of Act No. 328 of the Public Acts of 1931, as amended, this Ordinance, or a local ordinance substantially corresponding to Section 81 of Act No. 328 of the Public Acts of 1931 has already once availed himself or herself of this section.

(Code 1958, § 8-101; Ord. No. 992, § 1, 6-12-00; Ord. No. 1015, § 1, 3-25-02; Ord. No. 1018, § 1, 5-13-02)

(a)

Larceny. It shall be unlawful for any person to take, steal, or carry away, without claim of right, the personal property of another, with the intent to defraud the owner of them.

(b)

Receiving and concealing stolen property. A person shall not buy, receive, possess, conceal, or aid in the concealment of stolen, embezzled, or converted money, goods, or property knowing the money, goods, or property is stolen, embezzled, or converted.

(c)

Retail fraud. A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud:

(1)

While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale.

(2)

While a store is open to the public, steals property of the store that is offered for sale.

(3)

With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store.

(d)

Fraudulent schemes. No person shall engage in any fraudulent scheme, devise, or trick to obtain money or other valuable things from others.

(e)

Embezzlement. A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity, fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

(f)

Penalties. A person who violates any of the provisions of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(Ord. No. 1029, § 1, 1-12-04)

Editor's note— Ord. No. 1029, § 1, adopted Jan. 12, 2004, repealed the former § 17-101, and enacted a new § 17-101 as set out herein. The former § 17-101 pertained to larceny and derived from Code 1958, § 8-120; Ord. No. 101, § 1, adopted June 25, 1958; and Ord. No. 650, § 1, adopted Feb. 25, 1980.

(a)

Issuing checks without sufficient funds. A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.

(b)

Drawing checks upon bank without any bank account. A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation.

(c)

Evidence of intent to defraud. As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within 5 days after receiving notice that such check, draft or order has not been paid by the drawee.

(d)

Penalties. A person who violates any of the provisions of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(Ord. No. 1029, § 1, 1-12-04)

Editor's note— Ord. No. 1029, § 1, adopted Jan. 12, 2004, repealed the former § 17-102, and enacted a new § 17-102 as set out herein. The former § 17-102 pertained to retail fraud and derived from Code 1958, § 8-153; Ord. No. 451, § 1, adopted Aug. 3, 1971; and Ord. No. 858, § 1, adopted March 25, 1991.

Editor's note— Ord. No. 1029, § 1, adopted Jan. 12, 2004, repealed § 17-103, which pertained to fraudulent schemes and derived from Code 1958, §§ 8-101, 8-121; and Ord. No. 101, § 1, adopted June 25, 1958.

No person shall loiter, or shall go about from door to door of private homes or commercial and business establishments, or shall place himself in or upon any public way or public place, to beg or receive alms for himself if that conduct includes one or more of the following aggressive manners of begging or receiving alms:

(1)

Touching the solicited person without that person's consent;

(2)

Blocking the path of the person being solicited or blocking the entrance to any building or vehicle;

(3)

Following behind, alongside, or ahead of a person who walks away from the solicitor after having been solicited;

(4)

Using threatening language, either during the solicitation or following a refusal to donate, or making any statement, gesture or other communication that would cause a reasonable person to make a donation out of fear or duress.

(5)

Using false or fraudulent information or representations to solicit donations.

(Code 1958, §§ 8-101, 8-119; Ord. No. 101, § 1, 6-25-58; Ord. No. 1096, § 1, 12-21-13)

Editor's note— Ord. No. 1078, § 1, adopted Nov. 8, 2010, repealed § 17-105, which pertained to fortune-telling and derived from Code 1958, §§ 8-101, 8-123; Ord. No. 101, § 1, adopted June 25, 1958.

(a)

In this section the following words and phrases shall have the meanings respectively ascribed to them:

Loitering shall mean 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 shall also include the colloquial expression "hanging around."

Public place shall mean any place to which the general public has access and a right of resort for business, entertainment or other 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 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;

(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.

(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.

(c)

No person shall loiter in or about any police station, police headquarters building, county jail, hospital, court building or any other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(d)

When any person causes or commits any of the conditions in this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.

(Code 1958, §§ 4-242, 8-101, 8-112, Ord. No. 405, § 1, 10-13-69; Ord. No. 510, § 1, 11-12-73; Ord. No. 517, § 1, 12-17-73)

Cross reference— Streets and sidewalks, Ch. 23.

(a)

No person shall loiter, as defined in section 17-106 and used in this section, remain or wander around a school building or school grounds for the purpose of begging.

(b)

No person shall loiter or remain in a school building or school grounds for the purpose of gambling with cards, dice or other gambling paraphernalia.

(c)

No person shall loiter or remain in or about a school building or school grounds without having any reason or relationship involving custody or responsibility for a pupil or without having written permission from a school administrator to be in such school building or upon such school grounds.

(Code 1958, § 8-112; Ord. No. 405, § 1, 10-13-69; Ord. No. 517, § 1, 12-17-73)

No person shall bring or consume any alcoholic beverages, beer, wine or whiskey in or upon any public school grounds, or public school property.

(Ord. No. 562, § 1, 11-10-75)

Editor's note— Ord. No. 562, § 1, adopted Nov. 10, 1975, did not expressly amend the Code, hence codification herein as § 17-107.1 was at the editor's discretion.

(a)

It shall be unlawful for any person, firm or corporation to commit a trespass within this municipality upon either public or private property.

(b)

Without constituting any limitation upon the provisions of paragraph (a) hereof, any of the following acts by any person, firm or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of said paragraph (a), and appropriate action may be taken hereunder at any time, or from time to time, to prevent or punish any violation or violations of this section. The aforesaid enumerated acts shall include:

(1)

An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner, agent of the owner, or occupant thereof; or

(2)

The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner, agent of the owner, or occupant thereof; or

(3)

A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing by any owner or occupant thereof; or

(4)

An entry into or upon any vehicle made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle after being requested to leave by the person having such right.

(Ord. No. 560, §§ 1, 2, 10-13-75)

Editor's note— Ord. No. 560, §§ 1, 2, adopted Oct. 13, 1975, did not specifically amend the Code. At the discretion of the editor, said ordinance has been codified as superseding former § 17-108 which had pertained to trespassing and had been derived from Code 1958, §§ 8-101, 8-122 and Ord. No. 101, § 1, adopted June 25, 1958.

It shall be unlawful for any person to collect in bodies or crowds for any unlawful purpose, or for any purpose to the annoyance or disturbance of other persons.

(Code 1958, § 8-101)

No person shall disturb, tend to disturb, incite or aid in disturbing the public peace by loud, violent, tumultuous, offensive or obstreperous conduct, or shall act in a boisterous, turbulent, quarrelsome, indecent or disorderly manner, or to use profane, obscene or vulgar language, 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, and no person shall knowingly permit any such conduct upon premises owned or possessed by him or under his control.

(Code 1958, §§ 4-236, 8-101, 8-102, 8-104; Ord. No. 101, § 1, 6-25-58; Ord. No. 510, § 1, 11-12-73)

It shall be unlawful for any person to disturb or disquiet any congregation or assembly meeting for religious worship 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.

(Code 1958, § 8-103)

No person shall use vulgar, obscene, profane or indecent language on any public street or other public place, or in any place of business open to public patronage.

(Code 1958, §§ 8-101, 8-118; Ord. No. 101, § 1, 6-25-58)

(a)

For the purpose of this section, an "intoxicated person" shall mean any person whose manner is unusual or abnormal or whose condition is reflected in his walk or conversation, or whose will power is temporarily suspended, as a result of the use of intoxicants or barbiturates.

(b)

Any person who shall be intoxicated or under the influence of alcoholic beverages, intoxicants or barbiturates at the scene of an accident or in any public place within the city shall be deemed guilty of a misdemeanor.

(Code 1958, § 8-129; Ord. No. 199, § 1, 2-12-62)

No person shall spit upon any public sidewalk, or upon the floor or interior of any public conveyance, or upon the floor or walls of any theater, hall, assembly room, church, school or public building.

(Code 1958, § 8-115)

No person shall make any improper or indecent exposure of his person in any street, alley or public or private place.

(Code 1958, §§ 8-101, 8-124; Ord. No. 101, § 1, 6-25-58)

(a)

No person in the City of Madison Heights shall look, peer or peep into or be found loitering around any window located within a non-abandoned residence and not on his own property with the intent of watching or looking through said window.

(b)

Any person violating this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $500.00 or be imprisoned for a period of not more than 90 days, or both.

(Code 1958, §§ 8-101, 8-125; Ord. No. 101, § 1, 6-25-58; Ord. No. 638, §§ 1, 4, 11-12-79; Ord. No. 2104, § 1, 3-10-14)

(a)

No person shall commit or offer or agree to commit a lewd act or an act of prostitution or perversion.

(b)

No person shall secure or offer another for the purpose of committing a lewd act, or an act of prostitution or moral perversion.

(c)

No person shall be in or near any place frequented by the public, or any public place for the purpose of inducing, enticing or procuring another to commit a lewd act, or an act of prostitution or moral perversion.

(d)

No person shall knowingly transport any person to any place for the purpose of committing a lewd act, or an act of prostitution or moral perversion.

(e)

No person shall knowingly receive, or offer to or agree to receive any person into any place or building for the purpose of performing a lewd act, or an act of prostitution, or moral perversion, or to knowingly permit any person to remain in any place or building for any such purpose.

(f)

No person shall direct or offer to direct any person to any place or building for the purpose of committing any lewd act, or act of prostitution or moral perversion.

(Code 1958, §§ 8-101, 8-126; Ord. No. 101, § 1, 6-25-58)

No person shall frequent or loiter in any tavern, inn or nightclub with the purpose of soliciting other persons to purchase drinks. No proprietor or operator of any such establishment shall allow the presence in such establishment of any person who violates the provisions of this section.

(Code 1958, § 8-127; Ord. No. 101, § 1, 6-25-58)

It shall be unlawful for any person to frequent or loaf, loiter or idle in or around, or to be occupant of, or employed in any gambling establishment, establishment where intoxicating beverages are sold without a license or any other unlawful establishments.

(Code 1958, §§ 8-101, 8-122; Ord. No. 101, § 1, 6-25-58)

It shall be unlawful for any person to keep or maintain any common gambling house or gaming room, or to permit on any premises owned, occupied or controlled by him any apparatus or device used for gaming or gambling, or to use such apparatus or device or to assist any other person to use same for gaming or gambling purposes. It shall be unlawful for any person to have in his possession any policy or pool slips, tickets, checks or memoranda of any combination or bet, or any policy wheel, dice, implement, apparatus or material of any form of illegal gambling or lottery, and the possession of such writing or device shall constitute prima facie evidence of intention to use same for gambling.

(Code 1958, § 8-108; Ord. No. 101, § 1, 6-25-58)

It shall be unlawful for any person to refuse to provide for, or neglect, his family.

(Code 1958, § 8-101)

Cross reference— Parental neglect, Ch. 16, Art. III.

(a)

Definitions. As used in this section:

(1)

Course of conduct means a pattern of conduct composed of a series of two or more separate noncontinuous acts, evidencing a continuity of purpose.

(2)

Emotional distress means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.

(3)

Harassment means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable individual to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(4)

Stalking means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(5)

Unconsented contact means any contact with another individual that is initiated or continued without the individual's consent, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

a.

Following or appearing within the sight of that individual.

b.

Approaching or confronting that individual in a public place or on private property.

c.

Appearing at the work place or residence of that individual.

d.

Entering onto or remaining on property owned, leased, or occupied by that individual.

e.

Contacting that individual by telephone.

f.

Sending mail or electronic communications to that individual.

g.

Placing an object on or delivering an object to property owned, leased, or occupied by that individual.

(6)

Victim means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(b)

Stalking prohibited—Penalty. An individual who engages in stalking within the city is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both.

(c)

Probation. The court may place an individual convicted of violating subsection (b) on probation for a term of not more than two years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:

(1)

Refrain from stalking any individual during the term of probation.

(2)

Refrain from having any contact with the victim of the offense.

(3)

Be evaluated to determine the need for psychiatric, psychological, or social counseling and, if determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.

(d)

Evidence-rebuttable presumption. In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e)

Additional penalties. A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.

(Ord. No. 1024, § 1, 3-10-03)

Editor's note— Ord. No. 565, §§ 1—4, adopted April 12, 1976 and set out herein as Div. 2, §§ 17-130—17-133, has been codified as superseding former §§ 17-122, 17-123, 17-125 and 17-126, which section had pertained to pornographic materials. Said section had been derived from Code 1958, §§ 3-508, 8-101, 8-132—8-134, 8-136 and Ord. No. 382, § 1, 5-19-69. Ord. No. 1024, § 1, adopted March 10, 2003 added new provisions as § 17-122 as herein set out.

Note— See the editor's note following § 17-122.

Any person who shall as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other article, book or other publication which is in violation of Division 3, or shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, books or publications, or by reason of the return thereof, shall be guilty of a violation of this section.

(Code 1958, § 8-135; Ord. No. 382, § 1, 5-19-69)

(a)

Any person is guilty of a misdemeanor who maliciously uses a telephone with the intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any other person, or to disturb the peace and quiet of any other person by any of the following:

(1)

Threatening physical harm or damage to any person or property in the course of a telephone conversation.

(2)

Falsely and deliberately reporting by telephone that any person has been injured, has suddenly taken ill, has suffered death or has been the victim of a crime or of an accident.

(3)

Deliberately refusing or failing to disengage a connection between a telephone and another telephone or between a telephone and other equipment provided for the transmission of messages by telephone, thereby interfering with any communications service.

(4)

Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation.

(b)

Any person violating this section may be imprisoned for not more than 90 days or fined not more than $500.00.

(Ord. No. 822, § 1, 3-28-88)

Note— See the editor's note to §§ 17-122, 17-123.

For the purpose of this division, the words and phrases set forth below shall have the meaning respectively ascribed to them:

(1)

Audience means one or more persons who are permitted to view a performance (a) for valuable consideration or (b) in or from a public place.

(2)

Display publicly means the exposing, placing, posting, exhibiting or in any other fashion displaying in any location, whether public or private, material or a performance in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public place or vehicle.

(3)

Disseminate means to manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present material or to offer or agree to do the same, or to have in one's possession with intent to do the same.

(4)

Material means any printed matter, visual representation, or sound recording, and includes but is not limited to books, magazines, motion-picture films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensional forms, sculptures, phonograph, tape or wire recordings.

(5)

Minor means any person under 18 years of age.

(6)

Nudity means uncovered, or less than opaquely covered, postpubertal human genitals or pubic area, the postpubertal human female breast below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this division, a female breast is considered uncover if the nipple only or the nipple and the areola only are covered.

(7)

Pander means advertising or propagandizing in connection with the sale of material, the offering of a service, or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.

(8)

Performance means any live or reproduced exhibition, including but not limited to any play, motion-picture film, dance or appearance presented to or performed before an audience.

(9)

Pornographic, relating to pornography.

(10)

Pornography: Any material or performance is "pornography" if all of the following elements are present:

(a)

Considered as a whole, by the average person, applying the contemporary community standards of the City of Madison Heights, it appeals to the prurient interest; and

(b)

It depicts, describes or represents in a patently offensive way, sexual conduct, as hereinafter defined; and

(c)

It lacks serious literary, artistic, political or scientific value.

(11)

Pornography for minors: Any material or performance is "pornography for minors" if all the following elements are present:

(a)

Considered as a whole by the average person applying the contemporary community standards of the City of Madison Heights with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor's prurient interest; and

(b)

It depicts, describes or represents in a patently offensive way, nudity or sexual conduct as hereinafter defined; and

(c)

It lacks serious literary, artistic, political or scientific value for minors.

(12)

Prurient interest means desire or craving for sexual stimulation or gratification. In determining "prurient interest," the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the prurient interest of a particular group of persons, including but not limited to, homosexuals or sadomasochists. In that case, it shall be judged with reference to the particular group for which it was designed.

(13)

Public place or vehicle means any of the streets, alleys, parks, boulevards, schools or other public property in the city, or any dance hall, rental hall, theater, amusement park, liquor establishment, store, depot, place of public accommodation, or other private property generally frequented by the public for the purposes of education, recreation, amusement, entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any nongovernmental agency for the use, enjoyment or transportation of the general public.

(14)

Sexual conduct means:

(a)

Masturbation;

(b)

Sexual intercourse, whether genital-genital, oral-genital, oral-anal, or anal-genital;

(c)

Any erotic fondling or touching of the covered or uncovered genitals, buttocks, public area, or any part thereof, the breasts of the female; whether the conduct described in (a) through (c) is engaged in alone or between members of the same or opposite sex, or between humans and animals or humans and inanimate objects; or

(d)

Actual or simulated display or exhibition of the human pubic area or genitals or any part thereof, or

(e)

Sexual excitement, as hereinafter defined; or

(f)

Sadomasochistic abuse as hereinafter defined.

(15)

Sexual excitement means the facial expressions, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state of sexual stimulation or arousal, or experiencing the physical or sensual reactions of humans engaging in or witnessing sexual conduct.

(16)

Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing or bizarre costume, or the condition of such person being fettered, bound or otherwise physically restrained, in an apparent act of sexual stimulation or gratification.

(Ord. No. 565, § 1, 4-12-76)

(a)

It shall be unlawful for any person to promote pornography. A person commits the offense of promoting pornography if, knowing its content and character, he:

(1)

Disseminates or causes to be disseminated any pornographic material in or from a public place or vehicle, or for valuable consideration; or has in his possession any pornographic material with intent to so disseminate; or knowingly allows the use of any business building, vehicle or place owned, leased, conducted or managed by him, for such dissemination of pornographic material; or

(2)

Sells an admission ticket or pass to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic; or

(3)

Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic; or

(4)

Produces, presents, directs, or knowingly allows the use of any business, building, vehicle or place, owned, leased, conducted or managed by him to be used for a pornographic performance before an audience;

(5)

Participates in that portion of a live performance before an audience which makes it pornographic; or

(6)

Panders, displays publicly, or disseminates door-to-door, any pornographic material or performance, or causes such pandering, public display or door-to-door dissemination.

(b)

For the purpose of this section, possession of two or more identical copies of any pornographic material by any person engaged in the business of disseminating material, as defined above, shall be prima facie evidence of possession with intent to disseminate for valuable consideration.

(Ord. No. 565, § 2, 4-12-76)

(a)

It shall be unlawful for any person to promote pornography for minors. A person commits the offense of promoting pornography for minors if, knowing its content and character, he:

(1)

Disseminates or causes to be disseminated to a minor, material which is pornography for minors, or knowingly allows the use of any business, building, vehicle or placed owned, leased, conducted or managed by him for the dissemination to a minor of material which is pornography for minors; or

(2)

Exhibits to a minor a motion-picture film or other performance which is pornography for minors; or

(3)

Sells to a minor an admission ticket or pass to any building, vehicle or place where there is being exhibited or is about to be exhibited a motion-picture film or other performance which is pornography for minors; or

(4)

Admits a minor to any building, vehicle or place where there is being exhibited or is about to be exhibited a motion-picture film or other performance which is pornography for minors; or

(5)

Knowingly produces, presents, directs or allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for the presentation of performance which is pornography for minors, before an audience which includes a minor; or

(6)

Displays publicly or disseminates door-to-door any material or performance which is pornography for minors, or causes such public display or door-to-door dissemination.

(b)

Subsections (a)(1) through (a)(5) do not apply to a parent, guardian or other person in loco parentis to the minor.

(Ord. No. 565, § 3, 4-12-76)

It shall be an affirmative defense to a prosecution under sections 17-130 and 17-131 if the pornographic material was disseminated by a person who was acting in his capacity as:

(1)

A teacher of an accredited course of study related to pornography at a state-approved educational institution; or

(2)

A licensed medical practitioner or psychologist in the treatment of a patient; or

(3)

A participant in the criminal justice system, such as a legislator, judge, prosecutor, law enforcement official or other similar or related position; or

(4)

A supplier to any person described in (1) through (3) above.

(Ord. No. 565, § 4, 4-12-76)