The following words, terms and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

Accused includes, unless a contrary intention appears, public and private corporations, copartnerships, and unincorporated or voluntary associations.

Act or doing an act includes "omission to act."

Controlled substance means a controlled substance as defined by article 7 of the Public Health Code, Act No. 368 of 1978 (MCL 333.7101 et seq.), as amended.

Property includes any matter or thing upon or in respect to which any offense may be committed.

Public place means any street, alley, park, public building, any place of business or assembly opened to or frequented by the public, and any other place which is opened to the public view, or to which the public has access.

Written, writing and any term of like import includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.

(Ord. No. 63A, § 3, 6-3-74)

Cross reference— Definitions and rules of construction generally, § 1-2.

The rule that a penal statute is to be strictly construed shall not apply to this chapter or any of the provisions thereof. All provisions of this chapter shall be construed according to the fair import of their terms, to promote justice and to effect the objects of the law.

(Ord. No. 63A, § 2, 6-3-74)

Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids or abets in its commission may hereafter be prosecuted, indicted, tried and, on conviction, shall be punished as if he had directly committed the offense.

(Ord. No. 63A, § 88, 6-3-74)

State Law reference— Similar provisions, MCL 767.39.

Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do an act toward the commission of such offense but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, shall be guilty of a misdemeanor.

(Ord. No. 63A, § 87, 6-3-74)

State Law reference— Similar provisions, MCL 750.92.

Editor's note— Ord. No. C-787, § 1, adopted Jan. 27, 2014, repealed § 15-5, entitled "Begging", which derived from Ord. No. 63A, § 30, adopted June 3, 1974.

Editor's note— Ord. No. C-786, § 1, adopted Jan. 13, 2014, repealed § 15-6, entitled "Fortune-telling", which derived from Ord. No. 63A, §§ 64—67, adopted June 3, 1974.

No person shall be found looking into the windows or doors of any house, apartment or other residence in the city in such a manner as would be likely to interfere with the occupant's reasonable expectation of privacy and without the occupant's express or implied consent.

(Ord. No. 63A, § 24, 6-3-74)

State Law reference— Person window peeping defined as a disorderly person, MCL 750.167(1)(c).

It shall be unlawful for any person to engage in any unlawful occupation or business.

(Ord. No. 63A, § 27, 6-3-74)

It shall be unlawful for any person to knowingly loiter in or about any place where any unlawful occupation or business is being conducted, or to loiter in a house of ill-fame or prostitution or place where prostitution or lewdness is practiced.

(Ord. No. 63A, § 28, 6-3-74)

State Law reference— Person loitering in place of illegal occupation or business defined as a disorderly person, MCL 750.167(1)(j).

(a)

It shall be unlawful for any person to 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.

(b)

It shall be unlawful for any person to be found standing or idling in or about any store, shop, or business or commercial establishment and/or its premises, if such standing and/or idling in or about the above-described locations causes interference or disorder of the normal course of business of the store, shop, business or commercial establishment or in any way tends to hinder or impede the passage of pedestrians or vehicles en route to or from the establishment or premises, if the person fails to leave any of the above-described locations after having been requested to leave by the lawful owner or occupant or by a representative of the owner or occupant and/or a duly authorized police officer.

(Ord. No. 63A, § 29, 6-3-74; Ord. No. 63A-M, § 1, 2-2-86)

State Law reference— Such person defined as a disorderly person, MCL 750.167(1)(k).

It shall be unlawful for any person to practice law, or to engage in the law business, or in any manner whatsoever to lead others to believe that he is authorized to practice law or to engage in the law business, or in any manner whatsoever to represent or designate himself as an attorney and counselor, attorney-at-law or lawyer, unless the person so doing is regularly licensed and authorized to practice law in this state. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

(Ord. No. 63A, § 86, 6-3-74)

State Law reference— Similar provisions, MCL 600.916.

No person shall permit on his premises any trade, industry or other activity which is injurious, noxious, offensive or hazardous, by reason of the emission of odor, dust, smoke, fumes or vibration, which affects the public health of the community.

(Ord. No. 21, § 5, 1-19-54)

(a)

Purpose. The township board has recognized the sanctity of the home and has determined that the public health, welfare and good order of the community require that the sanctity and privacy of the home be protected; that members of the community be allowed to enjoy the well-being, tranquility and privacy of the home; and that a dwelling carries with it the sense of security inherent in the assurance that it will be a place to which one may return to find enjoyment, tranquility and privacy. The township board has also determined that the practice of picketing on and/or immediately in front of and/or surrounding a residence and/or a dwelling, where picketing is directed against the occupant, has the unreasonable and offensive result of such occupant being a captive in his or her own home, and causes emotional disturbance and distress to the occupant. Such practice has the further result of obstructing and interfering with the free use of public sidewalks and public ways of travel. The township board has further determined that, without resort to such picketing, full opportunity exists, and under the terms of this provision will continue to exist, for the exercise of freedom of speech and other Constitutional rights. Accordingly, the township board enacts this section to protect the sanctity and privacy of the home.

(b)

Regulation. It shall be unlawful for any person to engage in picketing directed against the occupant of a residence or other dwelling in West Bloomfield Township, where such picketing occurs on and/or within one hundred twenty (120) feet of the front, rear or either side of the property line of, and focuses upon, such residence or dwelling.

(Ord. No. C-269, § 1, 4-2-90; Ord. No. C-276, § 1, 6-4-90; Ord. No. C-280, § 1, 8-20-90)

(a)

When an individual who has not previously been convicted of or received a juvenile adjudication for any violation of a criminal offense, excluding traffic offenses, under this Code or any statute of the United States or of any state or local ordinance, pleads guilty or nolo contendere to a violation of a township ordinance, the court, without entering a judgment of guilt shall, upon motion by the township prosecuting attorney, defer further proceedings and place the individual on probation upon terms and conditions that include, but are not limited to; payment of costs including minimum state cost as provided for in section 18m of chapter XIIA of the Probate Code of 1939, 1939 Public Act 288, MCL 712A. 18m, and section 1j of chapter IX of the Code of Criminal Procedure, 1927 Public Act 175, MCL 769.1j, and the costs of probation as prescribed in section 3 of chapter XI of the Code of Criminal Procedure, 1927 Public Act 175, MCL 771.3.

(b)

Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including additional penalties imposed by state law for a second or subsequent conviction. There may be only one (1) discharge and dismissal under this subsection as to an individual.

(c)

The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. These records shall be furnished to a court, prosecutor, city attorney, or police agency upon request for the purpose of determining if an individual has already utilized this subsection.

(Ord. No. C-720, § 1, 2-19-08)

a.

It shall be unlawful for any person to intentionally obstruct, impair or hinder the performance of a governmental function or the use of government property by using or threatening to use violence, force, physical interference or obstacle.

b.

It shall be unlawful for any person(s) to erect and/or occupy tents or other structures or shelters within the meaning of section article IV, division I, section 15-72(b) on public property for any purpose.

c.

For purposes of this section "government" includes any principal subdivision or agency of the United States, this state, township, or any agency of local governmental operations within the township; "governmental function" includes any activity which a public agency or public servant is legally authorized to undertake.

(Ord. No. C-835, § 1, 7-15-24)

a.

It shall be unlawful for any person to interfere with any police officer, any member of the police department, or any person duly empowered with the police authority or in any way interfere with or hinder them in the discharge of their duty.

b.

It shall be unlawful for any person to interfere with any township officer or employee while in the lawful discharge of their duty. For purposes of this subsection, "interference" shall include blocking access to public buildings and obstructing sidewalks, safety paths, or other ingress/egress routes.

(Ord. No. 63A, § 13(a), 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— Obstruction of police officer, MCL 750.479.

It shall be unlawful for any person to disguise himself, by any verbal statement, photo identification, printed identification or any other means so as to lead a police officer to believe that he is anyone other than himself, with intent to obstruct the due execution of the law, or with intent to hinder or interrupt any police officer in the legal performance of his duty, whether such intent be effected or not.

(Ord. No. 63A, § 13(g), 6-3-74; Ord. No. 63A-K, 10-19-81; Ord. No. C-835, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.217.

a.

It shall be unlawful for any person other than an official police officer of the township to wear or carry the uniform apparel, badge, identification card or any other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by the official police officers of the township.

b.

It shall be unlawful for any person to act or pretend to be an official police officer of the township or any other township officer or employee.

(Ord. No. 63A, § 13(c), 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— False personation of officers, MCL 750.479.

It shall be unlawful for any person to knowingly summon, as a joke or prank or otherwise without any good reason therefor, by telephone or otherwise, the police or the fire department or any public or private ambulance to go to any address where the service called for is not needed.

(Ord. No. 63A, § 19, 6-3-74; Ord. No. C-835, § 1, 7-15-24)

Cross reference— Alarm systems, Ch. 4.

State Law reference— False fire alarms, MCL 750.240.

It shall be unlawful for any person to knowingly make or file with the police department any false, misleading or unfounded statement or report concerning the commission of any crime or violation of this Code occurring within the township.

(Ord. No. 63A, § 21, 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— False report or crime, MCL 750.411a.

It shall be unlawful for any person, while a prisoner in the jail, or at any place where the prisoners are confined, or otherwise in the custody of and confined by the township, to escape or attempt to escape or assist others to escape or to attempt to escape from such custody or confinement.

(Ord. No. 63A, § 13(f), 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— Escapes, rescues, jail and prison breaking, MCL 750.183 et seq.

a.

It shall be unlawful for any person to offer or endeavor to assist any person in the custody of a policy officer, a member of the police department, or a person duly empowered with policy authority to escape or attempt to escape from such custody.

b.

It shall be unlawful for any person to assist or aid, or attempt to assist or aid, any person in the custody of, or confined under the authority of the township to escape from jail, place of confinement or custody.

(Ord. No. 63A, § 13(b), (e), 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— Escapes, rescues, jail and prison breaking, MCL 750.183 et seq.

It shall be unlawful for any person to make available to, present to or place within the reach of any person confined under the authority of the township any alcoholic liquor or, except as authorized by the laws of this state, any controlled substance, or any tool, implement or other thing calculated to aid the escape of such person so confined, or any other person so confined, or any other person confined under authority.

(Ord. No. 63A, § 13(d), 6-3-74; Ord. No. C-835, § 1, 7-15-24)

State Law reference— Escapes, rescues, jail and prison breaking, MCL 750.183 et seq.; liquors in jail prohibited, MCL 801.116, 801.117.

a.

The Bureau of Criminal Identification and Records Act, MCL 28.243 et seq., authorizes and as specified, requires a law enforcement agency to collect the biometric data of a person arrested. Biometric data means all of the following:

1.

Fingerprint images recorded in a manner prescribed by the Michigan State Police.

2.

Palm print images, if the arresting law enforcement agency has the electronic capability to record palm print images in a manner prescribed by the Michigan State Police.

3.

Digital images recorded during the arrest or booking process, including a full-face capture, left and right profile, and scars, marks, and tattoos, if the arresting law enforcement agency has the electronic capability to record the images in a manner prescribed by the Michigan State Police.

4.

All descriptive data associated with identifying marks, scars, amputations, and tattoos.

b.

It shall be unlawful for any person to refuse to allow or resist the collection of his or her biometric data, as defined above, by the township police department, or other law enforcement agency, as required or authorized by Section 3 of Public Act No. 289 of 1925, MCL 28.243, as amended, and which is hereby adopted by reference as an ordinance of the township as authorized by MCL 42.23.

c.

A violation of subsection (b) is a misdemeanor punishable by imprisonment for not more than ninety (90) days and/or a fine of not more than five hundred dollars ($500.00), as provided in section 1-10 of this Code.

(Ord. No. C-756, § 1, 10-10-11; Ord. No. C-781, § 1, 9-9-13; Ord. No. C-835, § 1, 7-15-24)

a.

It shall be unlawful for any person(s) to erect and/or occupy tents or other structures, shelters, or motor vehicles within the meaning of article IV, division I, section 15-72(b) on public roads, safety paths, parks, or sidewalks.

b.

It shall be unlawful for any person(s) to erect and/or occupy tents, motor vehicles and other structures which in any way block or hinder the ingress or egress of the public.

(Ord. No. C-835, § 1, 7-15-24; Ord. No. C-835, § 1, 7-15-24)

(a)

Assault and battery. It shall be unlawful for a person to commit an assault, or an assault and battery against another person.

(b)

Penalty. A person who violates this section is guilty of a misdemeanor and shall be imprisoned for not more than ninety-three (93) days and/or a fine of not more than five hundred dollars ($500.00), or both.

(c)

Corporal punishment. This section does not apply to an individual using necessary reasonable physical force in compliance with § 1312 of the Revised School Code, 1976 Public Act 451, found in MCL 380.1312.

(Ord. No. C-622-C, § 2, 6-2-25)

(a)

Pregnant individual. It shall be unlawful for a person to commit an assault, or an assault and battery against a pregnant individual when that person knows the individual is pregnant.

(b)

Penalty. A person who violates this section is guilty of a misdemeanor and shall be imprisoned for not more than ninety-three (93) days and/or a fine of not more than five hundred dollars ($500.00), or both.

(Ord. No. C-622-C, § 2, 6-2-25)

(a)

Domestic assault and battery. It shall be unlawful for a person to commit an assault, or an assault and battery against 1) his or her spouse or former spouse; or 2) an individual with whom he or she has or has had a dating relationship; or 3) an individual with whom he or she has had a child in common; or 4) a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days and/or a fine of not more than five hundred dollars ($500.00), or both.

(b)

Dating relationship defined. Pursuant to 18 US Code § 921, the term "dating relationship" means a relationship between individuals who have, or have recently had, a continuing serious relationship of a romantic or intimate nature, which shall be determined by a consideration of: i) the length of the relationship; ii) the nature of the relationship; and (iii) the frequency and type of interaction between the individuals involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship under this section

(c)

Penalty. A person who violates this section is guilty of a misdemeanor and shall be imprisoned for not more than ninety-three (93) days and/or a fine of not more than five hundred dollars ($500.00), or both.

(d)

Deferral of proceedings and order of probation. When an individual pleads guilty to, or is found guilty of, domestic assault and battery, and who has not been convicted previously of an assaultive crime, as defined in this section, the court, without entering a judgment of guilt 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 of an assaultive crime, as defined in this section, or has previously availed himself or herself of deferred proceedings under MCL 769.4a, or a local ordinance substantially corresponding thereto. If the search of the records reveals an arrest for an assaultive crime 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.

(e)

Assaultive crime defined. As used in this section "assaultive crime" means: i) the term as defined in the Michigan Code of Criminal Procedure, MCL 770.9a; ii) any violation of Chapter XI of the Michigan Penal Code, found in MCL 750.81 to 750.90g; iii) a violation of a law of a local ordinance of a political subdivision of this state or of another state substantially corresponding to a violation described in this section.

(f)

Probation. An order of probation may include any condition of probation authorized under § 3 of Chapter XI of the Code of Criminal Procedure, found in MCL 771.3, including, but not limited to, requiring the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the mandatory counseling program. The court also may order the accused to participate in a drug treatment court under Chapter 10A of the revised Judicature Act of 1961, found in MCL 600.1060 to 600.1082. The court may permit day parole as authorized under the Day ParoI of Prisoners Act, found in MCL 801.258 to 801.258. The court may permit a work or school release from jail.

(g)

Probation violation. Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided.

(h)

Adjudication of guilt. The court shall enter an adjudication of guilt and proceed as otherwise provided in this article if any of the following circumstances exist: i) the accused commits an assaultive crime during the period of probation; ii) the accused violates an order of the court that he or she receive counseling regarding his or her violent behavior; or iii) the accused violates an order of the court that he or she have no contact with a named individual.

(i)

Discharge and dismissal. Upon fulfillment of the terms and conditions of probation, 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 the crime.

(j)

Limitations. There may be only one (1) discharge and dismissal under this section with respect to any individual. The department of state police shall retain a nonpublic record of an arrest and discharge and dismissal under this section. This record shall be furnished to a court or police agency upon request or to an office of the prosecuting attorney or local prosecuting attorney for the purpose of showing that a defendant in a criminal action under, MCL 750.81 and 750.8la, or a local ordinance substantially corresponding thereto has already once availed himself or herself to a deferral and probation as provided by MCL 771.3; or for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised Judicature Act of 1961, found in MCL 600.1076.

(Ord. No. C-622-C, § 2, 6-2-25)

(a)

Health professional or medical volunteer. It shall be unlawful for a person to commit an assault, or an assault and battery against a health professional or medical volunteer while the health professional or medical volunteer is performing duties as a health professional or medical volunteer.

(b)

Health professional defined. The term "health professional" means an individual who is employed or granted privileges by or under contract with a hospital or psychiatric hospital, health facility or agency, health system, or health care provider, whether operated by a governmental unit or a private entity, and whose duties within the scope of that employment, privilege, or contract involve the provision of direct patient care and require licensure, registration, certification, or other regulation or authorization under the Public Health Code, MCL 333.1101 to 333.25211, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.

(c)

Medical volunteer defined. The term "medical volunteer" means an individual who is volunteering at a hospital or psychiatric hospital, health facility or agency, in a health system, or with a health care provider, whether operated by a governmental unit or a private entity, and whose duties as a volunteer involve the provision of direct patient care, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.

(d)

Penalty. A person who violates this section is guilty of a misdemeanor and shall be imprisoned for not more than ninety-three (93) days and/or a fine of not more than five hundred dollars ($500.00), or both.

(Ord. No. C-622-C, § 2, 6-2-25)

Editor's note— Ord. No. C-622-C, § 2, adopted June 2, 2025, repealed the former § 15-51 and enacted a new § 15-51 as set out herein. The former § 15-51 pertained to assault and assault and battery; domestic assault; deferral of proceedings and derived from Ord. No. 63A, § 4, adopted June 3, 1974; Ord. No. C-622, § 1, adopted Feb. 4, 2002; Ord. No. C-622-A, § 1, adopted Sept. 9, 2002; and Ord. No. C-622-B, § 1, adopted Feb. 19, 2008.

It shall be unlawful for any person to insult, accost, molest, or otherwise harass, either by word of mouth, sign or motion, any person in any public place by engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose.

(Ord. No. 63A, § 10, 6-3-74)

(a)

It shall be unlawful for any person, with intent to harass or alarm another person, to communicate with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communications, in a manner likely to harass or cause alarm.

(b)

It shall be unlawful for any person to use any service provided by a communications common carrier with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any other person, or to disturb the peace and quiet of any other person, or cause economic or other damage to any other person by any of the following:

(1)

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

(2)

Falsely and deliberately reporting any telephone or telegraph message 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;

(5)

Knowingly making any misrepresentation regarding the sale or purchase of goods or services.

(c)

It shall be unlawful for any person to telephone any person repeatedly or cause the same to be done for the primary purpose of harassing or annoying such other person or his family, whether or not conversation ensues, or to use any threatening, vulgar, indecent, obscene, immoral or insulting language over any telephone.

(Ord. No. 63A, § 22, 6-3-74)

State Law reference— Similar provisions, MCL 750.540e.

It shall be unlawful for any person to knowingly send or deliver or make, and for the purpose of being delivered or sent, to part with the possession of any letter, postal card or writing containing any obscene language with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark or other designation, with the intent thereby to cause annoyance to any person, or with the view or intent to extort or gain any money or property of any description belonging to another.

(Ord. No. 63A, § 20, 6-3-74)

State Law reference— Similar provisions, MCL 750.390.

It shall be unlawful for any person of sufficient ability to refuse or neglect to support his family in need of support.

(Ord. No. 63A, § 23, 6-3-74)

State Law reference— Desertion and nonsupport, MCL 750.161; person neglecting family deemed a disorderly person, MCL 750.167(1)(a).

It shall be unlawful for any person, parent, guardian, custodian, or anyone else to whose care children under eleven (11) years of age are entrusted, to leave, neglect or abandon the children in any public place or in a parked motor vehicle in any public place or place open to the public without furnishing someone over the age of seventeen (17) years for supervision of the children.

(Ord. No. 63A, § 51, 6-3-74)

(a)

It shall be unlawful for any person, parent, legal guardian or custodian to, by act or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of seventeen (17) years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in Section 2, chapter 12a, Act No. 288 of the Public Acts of Michigan of 1939, as added by Act No. 54 of the Public Acts of Michigan of the First Extra Session of 1944 (MCL 598.2), and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court.

(b)

It shall be unlawful for any parent, legal guardian or other person having the care or custody of a minor child under the age of seventeen (17) years, by any act, or by any word, or by the failure to act, or by lack of supervision and control over such minor child, to encourage, contribute toward, cause or tend to cause such minor child to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court as defined in Section 2 of Chapter 12a of Act No. 288 of the Public Acts of Michigan of 1939, as added by Act No. 54 of the Public Acts of Michigan the First Extra Session of 1944 (MCL 598.2), and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court.

(Ord. No. 64, § 3, 10-12-70; Ord. No. 63-A, § 48, 6-3-74)

State Law reference— Similar provisions, MCL 750.145.

(a)

It shall be unlawful for any person to disturb the public peace and quiet by loud, boisterous or vulgar conduct. For purposes of this section, public peace and quiet means the generally prevailing level of sound that is customary on public or private property from background noise and regular human activities, taking into account the time of day, the area, locations and uses of properties where conduct occurs and is heard, and the reasonable expectations and rights of one (1) or more members of the public in that area.

(b)

It shall be unlawful for any person to make or excite any disturbance or contention in any public place.

(c)

Except as provided in subsection (d), sounds emanating from a parcel of land, or from an individual unit in a multi-unit building, including those of an intermittent nature, shall be controlled so as not to exceed the following limits, as measured at the property line of the parcel or the exterior of the building unit from which the sound is emanating:

(1)

Between 7:00 a.m. and 10:00 p.m. sound shall not exceed eighty-five (85) decibels (dbA).

(2)

Between 10:00 p.m. and 7:00 a.m. sound shall not exceed seventy-five (75) decibels (dbA).

(d)

Provided they comply with any restrictions, limitations and conditions stated, the uses and activities in this subsection may exceed the decibel limits in subsection (c).

(1)

Construction noises. The creation of noise which is audible beyond the property line of the property from which it is emanating, resulting from the erection (including excavation), demolition, alteration or repair of any building, and the excavation of streets and highways between 7:00 a.m. and 7:00 p.m., Monday through Friday and between 10:00 a.m. and 7:00 p.m. on Saturdays and Sundays. A deviation from such limitation may be authorized if a permit is obtained in advance from the township supervisor, or the supervisor's designee, upon a showing that the noise will not result in an unreasonable disturbance of any occupants of residential property.

(2)

Removal of garbage and/or solid waste. The creation of noise in connection with the lawful removal of garbage and/or solid waste by a township licensed hauler from any premises between 7:00 a.m. and 7:00 p.m.

(3)

Unloading of materials. The creation of noise in connection with the delivery, loading and/or unloading of materials, goods or other merchandise by the use of motorized equipment, metal-tired hand trucks, racks, conveyors, or other types of equipment between 7:00 a.m. and 8:00 p.m., Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturday and Sunday.

(4)

Lawn, tree and landscape services. The mowing of lawn(s), blowing of refuse or leaves, removal or trimming of trees, and/or performing of other outdoor landscaping services by a lawn service using any gas or electric powered machine between 8:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturday, Sunday or government holidays. For purposes of this section, "lawn service" shall mean an individual, or company with one (1) or more employees, providing grounds keeping services for remuneration. Using more than two (2) gas-powered machines at the same time on a single property is prohibited.

(5)

Home occupant lawn, tree and landscape care. The mowing of lawn(s), blowing of refuse or leaves, removal or trimming of trees, and/or performing of other outdoor landscaping by an occupant of residential property using any gas or electric powered machine between 8:00 a.m. and 9:00 p.m. Monday through Friday and between 9:00 a.m. and 9:00 p.m. on Saturday, Sunday and government holidays.

(6)

Emergency work. Performance of emergency work.

(7)

Snow removal. The performance of ice or snow removal.

(8)

Public safety. Warning devices necessary for public safety, such as police, fire, and ambulance sirens, tornado and civil defense warning devices, and train horns.

(9)

Generators. The operation of emergency power generators during times of a power outage and for no more than fifteen (15) minutes each week for maintenance exercise cycles between the hours of 10:00 a.m. and 7:00 p.m.

(10)

Appliances and equipment. The operation of customary, lawfully installed, appliances and equipment such as furnaces, hot water heaters, refrigerators, exhaust fans, air conditioning units, pool pumps, and other such devices.

(11)

School property. All activities on school property are exempt from the provision of this section.

(12)

Licensed activities. Activities for which the township board has approved a carnival/amusement or outdoor gathering license under chapter 6 of this Code, conditioned on the activity being conducted in compliance with the conditions of that license, specifically including any limitations or restrictions on hours and other aspects of the license activity related to the sounds emanated by it.

(13)

Special events and exceptions. Activities and events for which the township board has approved a waiver of the decibel limits in subsection (c), or has approved a waiver of a restriction, limitation or condition for an activity or use under subsection (d).

(14)

Government activities. The activities of government entities, including the parks and recreation commission, the library, and the schools.

(Ord. No. 63A, §§ 6, 7, 6-3-74; Ord. No. C-311, § 1, 6-17-91; Ord. No. C-311-A, § 1, 1-13-03; Ord. No. C-755, § 1, 9-12-11)

State Law reference— Disturbing meetings, MCL 750.169 et seq.

(a)

No person other than a regularly enrolled student, parent, teacher or other school employee, school supply salesman, or any person engaged in legitimate school business or pursuits, shall enter and remain in any school building, whether public, private or parochial, in the township for any reason whatever, unless such person has received permission from the school principal or his duly authorized representative to be in any such public, private or parochial school building.

(b)

No person shall loiter, wander or remain on the grounds of any public, private or parochial school either on foot or in a vehicle without legitimate school business or pursuits. This section shall not apply to persons engaged in the legitimate use of playground equipment or playgrounds, or persons engaged in legitimate recreational activities.

(Ord. No. 63A, § 86a, 6-3-74; Ord. No. 63A-F, 11-20-78)

(a)

Public place. Public place shall mean any place as defined in section 15-1.

(b)

Obstruction. It shall be unlawful for any person in a public place to obstruct the free and uninterrupted passage of the public after having been told to move on by a police officer.

(c)

Requests for money. It shall be unlawful for any person in a public place, while requesting or soliciting money or other valuable thing, to do any of the following acts:

(1)

Obstruct the path of any person;

(2)

Obstruct the entrance to any building, parking area or vehicle;

(3)

Obstruct any safety path, sidewalk, street or right-of-way;

(4)

Interfere with the flow of pedestrian or vehicular traffic;

(5)

Follow behind, along side, or ahead of a person who has walked away or expressed disinterest;

(6)

Touch another person without their consent or otherwise assault any person.

(d)

Private property. The regulations contained in this section shall not apply to private property or the right of private property owners to maintain and control their premises.

(Ord. No. 63A, § 12, 6-3-74; Ord. No. 63A-B, 12-20-76; Ord. No. C-788, § 1, 3-24-14)

State Law reference— Loiterers deemed disorderly persons, MCL 750.167.

It shall be unlawful for any person to engage in any disturbance, fight or quarrel in a public place.

(Ord. No. 63A, § 11, 6-3-74)

It shall be unlawful for any person to be intoxicated in a public place who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(Ord. No. 63A, § 5, 6-3-74; Ord. No. 63A-E, 1-16-78)

Cross reference— Alcoholic liquor generally, Ch. 5.

State Law reference— Such person deemed a disorderly person, MCL 750.167(1)(e).

It shall be unlawful for any person to be found jostling or roughly crowding people unnecessarily in a public place.

(Ord. No. 63A, § 9, 6-3-74)

State Law reference— Such person deemed a disorderly person, MCL 750.167(1)(l).

It shall be unlawful for any person to permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous or disorderly persons.

(Ord. No. 63A, § 8, 6-3-74)

(a)

It shall be unlawful for any minor under the age of twelve (12) years to loiter, idle or congregate in or on any public street, highway, alley, park, school or other public place or other place normally open to the general public including, but not limited to, shopping centers, places of amusement, private recreation areas or similar places between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.

(b)

It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle or congregate in or on any public street, highway, alley, park, school or other public place or other place normally open to the general public including but not limited to shopping centers, places of amusement, private recreation areas or similar places between the hours of 12:00 midnight and 6:00 a.m. immediately following, except where the minor is accompanied by a parent or guardian, or some adult over the age of eighteen (18) years delegated by the parent or guardian to accompany the minor child, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.

(c)

Any parent, legal guardian or other person having the care or custody of any minor child under the age of sixteen (16) years who shall assist, aid, abet, allow, permit or encourage the minor to violate the provisions of subsections (a) or (b) either by overt act, by failing to act or by lack of supervision and control over the minor, is guilty of a misdemeanor. The fact that a child under twelve (12) years or under the age of sixteen (16) years is apprehended while on the public street, highway, alley, park, school or other public place, or other place normally open to the public during the hours defined in subsections (a) and (b) shall be prima facie evidence of a violation of this section on the part of the parents, legal guardian or other person having the care of custody of the minor child.

(Ord. No. 64, § 6, 10-12-70; Ord. No. 63A, §§ 49, 50, 6-3-74)

State Law reference— Similar provisions, MCL 722.751 et seq.

(a)

Definitions. For the purpose of this section, the following terms shall be defined as follows:

(1)

"Adult" means a person seventeen (17) years of age or older.

(2)

"Alcoholic liquor" means any beverage containing more than one-half of one percent of alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of Section 2 of Act No. 8 of the First Extra Session of the Public Acts of Michigan of 1933 (MCL 436.1 et seq.), as amended.

(3)

"Minor" means a person not legally permitted by reason of age to possess alcoholic liquor pursuant to Section 33b of Act No. 8 of the First Extra Session of the Public Acts of Michigan of 1933 (MCL 436.33b), as amended.

(4)

"Residence" or "premises" means a motel room, hotel room, home, apartment, condominium, or other dwelling unit including the curtilage of the dwelling unit, or a hall, meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented or used with or without compensation.

(5)

"Open house party" means a social gathering of persons at a residence or premises, other than the owner or those with rights of possession or their immediate family members.

(6)

"Controlled substance" means a controlled substance as defined now or hereafter by Article 7 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7101 et seq.)

(7)

"Control" means any form of regulation or dominion including a possessory right.

(b)

Prohibition. No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic liquor or controlled substance is possessed or consumed at the residence or premises by any minor where the adult knew or reasonably should have known that any alcoholic liquor or controlled substance was in the possession of or being consumed by a minor at the residence or premises, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic liquor or controlled substance at the residence or premises.

(c)

Exception. The provisions of this section shall not apply to legally protected religious observances or legally protected educational activities.

(d)

Penalties. The penalties for violation of this section shall be as follows:

(1)

For the first violation, a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail for a term not to exceed thirty (30) days or by both such fine and imprisonment.

(2)

For subsequent violations, a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail for a term not to exceed ninety (90) days or by both such fine and imprisonment.

(Ord. No. 63A-N, § 1, 4-20-87)

(a)

Purpose. This section shall be liberally construed to encourage and compel the exercise of parental control in a continuous and consistent manner to reduce unauthorized absences and tardiness of children from school and prevent the neglect of parental responsibility in the enforcement of the state law requiring school attendance, MCL 380.1561, as amended.

(b)

Enrollment and attendance required.

(1)

Every parent, guardian or other person having control and charge of a child from the age of six (6) to the child's sixteenth (16th) birthday shall enroll and send that child to school during the entire school year. The child's attendance shall be continuous and consecutive for the school year.

(2)

A child becoming six (6) years of age before December 1 shall be enrolled on the first school day of the school year in which the child's sixth (6th) birthday occurs. A child becoming six (6) years of age on or after December 1 shall be enrolled on the first day of the school year following the school year in which the child's sixth (6th)birthday occurs.

(3)

Exceptions. A child is not required to attend a public school in any of the following cases:

a.

The child is attending regularly and is being taught in a state-approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district in which the nonpublic school is located.

b.

The child is less than nine (9) years of age and does not reside within two and one-half (2½) miles by the nearest traveled road of a public school, unless transportation is furnished for pupils in the school district of the child's residence.

c.

The child is age twelve (12) or thirteen (13) and is in attendance at confirmation classes conducted for a period of five (5) months or less.

d.

The child is regularly enrolled in a public school while attending religious instruction classes for not more than two (2) class hours per week, off public school property during public school hours, upon written request of the parent, guardian or person in loco parentis under rules promulgated by the state board.

e.

The child has graduated from high school or has fulfilled all requirements for high school graduation.

f.

The child is being educated at the child's home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar.

(c)

Absences and tardiness as truancy. An enrolled child between the ages of six (6) and sixteen (16), not otherwise exempted under this section, shall not be absent from school or tardy without the knowledge and consent of his or her parent or guardian. A parent or guardian shall maintain sufficient supervisory control over a child in his or her custody so as to be informed of unexcused absences from school and tardiness by his or her child and shall not knowingly encourage or permit such unexcused absences or habitual tardiness.

(d)

Parental conference.

(1)

When a school superintendent or designated attendance officer or administrator learns that a child between the ages of six (6) and sixteen (16) is not enrolled and not attending school, or is enrolled but, without good cause or excuse, is consistently absent from school or habitually tardy, the superintendent or designated attendance officer, by official written notice pursuant to this section, shall invite the child's parents, guardians or person serving in loco parentis to attend a conference to correct the absence, tardiness or nonattendance problem. Such invitation may be sent by regular mail, with confirmation by telephone. The school superintendent or designated attendance officer or administrator, shall attend the conference and attempt to determine and eliminate the causes of the absences, tardiness or nonattendance.

(2)

If the written invitation of the school superintendent or designated attendance officer does not result in a conference with the parent, guardian or person having custody of the child, a notice of conference shall be sent by certified mail (return receipt requested), designating the time and place of the required parental conference.

(3)

A parent, guardian or person serving in loco parentis as to any delinquent, absent, or nonattending school-age child shall not deliberately ignore, without just cause, such request for parental conference.

(e)

Court complaint and hearing. If a parental conference does not result in satisfactory attendance, or if there is a parental refusal to attend a conference, a hearing may be scheduled, upon the verified complaint of a school superintendent or designated attendance officer or administrator, before the district court for inquiry into the causes and circumstances of the absences, tardiness or nonattendance of a child, and of the failure of such parent, guardian, or person acting in loco parentis to enroll and send the child to school or to eliminate unauthorized absences or tardiness of such child. The verified complaint shall state the reasons for the complaint and shall contain the following acknowledgement by the school superintendent or designated attendance officer or administrator: "The information in this complaint is accurate to the best of my information and belief".

(f)

Penalties. The neglect or deliberate refusal to enroll and send a child to school in violation of subsection (b), and the knowing encouragement of or permission for a child's repeated absences or habitual tardiness in violation of subsection (c), if found by the district court, shall be misdemeanors punishable by a fine not less than five dollars ($5.00), nor more than fifty dollars ($50.00), or imprisonment for not less than two (2), nor more than ninety (90) days, or both.

(Ord. No. C-731, § 1, 4-20-09)

The Township Board of the Charter Township of West Bloomfield has found that the littering of public and private properties has a blighting effect, creates a health hazard, and has serious and significant effect on the values of properties in the Charter Township of West Bloomfield. It is the intent of this division to prohibit the littering of public property and private property and thus promote the public health, safety and welfare of the township.

(Ord. No. C-255, § 1, 12-18-89; Ord. No. C-836, § 1, 7-15-24)

The following definitions shall apply in the interpretation and enforcement of this division.

Litter means one (1) or more of the following: rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances of every kind and description.

Litter notice shall mean a written notification from the township stating that a person has violated subsection 15-73(a) on private property.

Person shall include any one (1) or more human beings, corporations, partnerships, associations and/or any other entity to which the law attributes rights and responsibilities.

Private property shall mean all property not defined below as public property.

Public property shall include, but not be limited to, the right-of-way of any road or highway, any body of water or watercourse, any park, playground, building, refuge or conservational recreation areas, and all properties owned by a governmental entity, including the entirety of Civic Campus.

Receptacle shall be deemed to mean a container designed and/or intended to be used for the temporary storage of litter.

(Ord. No. C-255, § 1, 12-18-89; Ord. No. C-836, § 1, 7-15-24)

Cross reference— Definitions and rules of construction, § 1-2.

(a)

Littering generally. No person shall dump, deposit, place, throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of litter onto any public or private property other than property and/or receptacles designated and set aside for such purposes.

(b)

Manner of placing in receptacles. Persons placing litter in receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property. Receptacles having lids or other enclosing devices shall remain closed or sealed when litter is not being inserted or removed.

(c)

Construction and loading of vehicle load. No person shall permit litter to be blown or deposited upon any street, alley or other public property or any private property within the township from a truck or other vehicle.

(d)

Removal of vehicle and debris after accident. Any person removing a vehicle wrecked or damaged in any accident on any highway, road or street shall also remove all litter dropped on the highway, road or street within the township as a result of the accident.

(Ord. No. C-255, § 1, 12-18-89; Ord. No. C-836, § 1, 7-15-24)

Each and every person served with a litter notice alleging that a person has violated subsection 15-73(a) on private property shall have the right to request a hearing before the ordinance enforcement officer; provided, that this request is made in a timely manner, i.e., within forty-eight (48) hours after receipt of said notice. The purpose of the hearing shall be to allow the recipient of the litter notice, or his representative, to demonstrate to the officer that the material dumped, deposited, placed, thrown or left did not constitute "litter." At the conclusion of the hearing, the ordinance enforcement officer shall make a determination, which shall be final.

(Ord. No. C-255, § 1, 12-18-89; Ord. No. C-836, § 1, 7-15-24)

It shall be unlawful for a person to knowingly, without the prior consent of the public authority having supervision of public property or owner of private property, to remove, salvage, or inspect for the purpose of removal or salvage, any discarded or abandoned items, rubbish or garbage. This section shall apply to the removal, inspection or salvage of any items, regardless of the quality, utility or potential resale value, when said items are located in a trash dispenser, located near a street or otherwise positioned in a manner indicating the items are to be picked up by a licensed garbage collector. This section shall in no way infringe upon the rights and duties of a licensed garbage collector as enumerated in chapter 13 of the Code of Ordinances of the Charter Township of West Bloomfield.

(Ord. No. C-141, § 1, 9-6-88; Ord. No. C-836, § 1, 7-15-24)

a.

Trespass in general. It shall be unlawful for any person to willfully enter upon the lands or premises of another without lawful authority, after having been forbidden to do so by the owner or occupant, or for any person being upon the land or premises of another upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, to neglect or refuse without lawful authority to depart therefrom, or for any person to be upon lands or premises of another without lawful authority when such premises are clearly posted against trespassing. The term "clearly posted" shall mean that the signs prohibiting trespassing shall be located around the entire perimeter of the property so posted and shall not be more than one hundred (100) feet apart from one another.

b.

Camping. It shall be unlawful for any person to camp or park overnight on any public property. For purposes of this Code of Ordinances, "camp" shall mean to construct and/or occupy any structure, shelter, or motor vehicle intended for temporary human use for any length of time.

(Ord. No. 63A, § 61, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.552.

It shall be unlawful for any person to prowl about any alley or private premises of any other person in the nighttime without authority or the permission of the owner of such premises.

(Ord. No. 63A, § 25, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

It shall be unlawful for any person to break and enter, or to enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car, or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the outbuildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof. This section shall not apply to entering without breaking into any place which at the time of such entry was open to the public, unless such entry has been expressly denied. This section shall not apply in cases where the breaking and entering or entering without breaking were committed by a peace officer or someone under his direction in the lawful performance of his duties as such peace officer.

(Ord. No. 63A, § 55, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.115.

It shall be unlawful for any person to willfully destroy, remove, damage, alter or in any manner deface any property not his own, or any public school building, bridge, fire hydrant, alarm box, streetlight, street sign; or to mark or post handbills on or in any manner mar the walls of any public building, tree or pole within the township; or to destroy, take or meddle with any property belonging to the township or remove the same from the building or place where it may be kept, placed or stored, without proper authority; to block, camp, interfere with, or hinder access to any public place, including public buildings, safety paths, public parks, or public sidewalks; or to disturb, tamper with, disconnect or damage any water meter without proper authority.

(Ord. No. 63A, § 53, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

It shall be unlawful for any person to intentionally and without authority from the owner, start or cause to be started the motor of any motor vehicle, or maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which it was left by the owner or driver of the motor vehicle; or to intentionally cut, mark, scratch or damage the chassis, running gear, body, sides, top, covering or upholstering of any motor vehicle the property of another, or intentionally cut, mash, mark, destroy or damage such motor vehicle, or any of the accessories, equipment, appurtenances or attachments thereof, or any spare or extra parts thereon being or thereto attached, without the permission of the owner thereof; or to intentionally release the brake upon any standing motor vehicle, with intent to injure the machine or cause the same to remove without the consent of the owner. This section shall not apply in case of the moving or starting of a motor vehicle by the police under authority of local ordinance or by members of fire departments in case of emergency in the vicinity of a fire.

(Ord. No. 63A, § 54, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

Cross reference— Traffic and motor vehicles generally, Ch. 22.

State Law reference— Similar provisions, MCL 750.416, MSA 28.648.

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

(Ord. No. 63A, § 56, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

Cross reference— Weapons generally, § 15-181 et seq.

State Law reference— Similar provisions, MCL 752.862, MSA 28.436(22).

It shall be unlawful for any person to willfully and maliciously destroy or injure the real or personal property of any value of another, by any means not particularly mentioned or described in the preceding sections.

(Ord. No. 63A, § 58, 6-3-74; Ord. No. 63A-C, 5-16-77; Ord. No. C-836, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.377a, MSA 28.609(1).

It shall be unlawful for any person to willfully and maliciously destroy or injure any house, barn or other building of another or the appurtenances thereof if the damages resulting therefrom shall be one hundred dollars ($100.00) or less.

(Ord. No. 63A, § 59, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.380, MSA 28.612.

It shall be unlawful for any person to willfully, maliciously or wantonly tear, deface or mutilate or write upon, or by other means injure or mar any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript, or exhibit any part thereof belonging to or loaned to any public library, or to the library of any literary, scientific, historical, or library society or association, whether incorporated or unincorporated.

(Ord. No. 63A, § 60, 6-3-74; Ord. No. C-836, § 1, 7-15-24)

State Law reference— Similar provisions, MCL 750.391, MSA 28.623.

It shall be unlawful for any person to commit the offense of larceny, by stealing, converting or wrongfully withholding the property of another, including but not limited to any money, goods, chattels or services; or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate; or any book of accounts for or concerning money or goods due or to become due or to be delivered; or any deed or writing containing a conveyance of land; or any valuable contract in force; or any receipt, release or defeasance, or any writ, process or public record.

(Ord. No. 63A, § 63, 6-3-74; Ord. No. 63A-H, 8-16-79)

State Law reference— Similar provisions, MCL 750.356, MSA 28.588.

It shall be unlawful for any person to procure or take in any way from any public library or the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated, any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript, exhibit, disc recording, cassette or other electronic or mechanical reproduction, film, filmstrip, puzzle, puppet, and any other materials that the library may own, whether or not the materials are circulated for public use, or any part of any of the above, with intent to defraud the owner thereof, or having procured or taken any such book, pamphlet, chart, map, painting, picture, photograph, periodical, newspaper, magazine, manuscript, exhibit, disc recording, cassette or other electronic or mechanical reproduction, film, filmstrip, puzzle, puppet, and any other material that the library may own, whether or not the materials are circulated for public use, or any part thereof, to thereafter convert the same to his own use or fraudulently to deprive the owner thereof.

(Ord. No. 63A, § 57, 6-3-74; Ord. No. 63A-A, 7-21-75)

State Law reference— Similar provisions, MCL 750.364, MSA 28.596.

(a)

It shall be unlawful for any person to buy, receive or aid in the concealment of any stolen, embezzled or converted money, goods or property of any value knowing the same to have been stolen, embezzled or converted.

(b)

The acquisition of merchandise or personal property at a consideration less than fifty (50) percent of its fair market value, other than by a bona fide gift, creates a rebuttable presumption that the acquiree knew the merchandise or personal property was stolen, embezzled or converted.

(c)

Any person being a dealer in or collector of any merchandise or personal property, or the agent, employee or representative of such dealer or collector, who fails to make reasonable inquiry that the person selling or delivering any stolen, embezzled or converted property to him has a legal right to do so shall be presumed to have bought or received such property knowing it to have been stolen, embezzled or converted. This presumption may, however, be rebutted by proof.

(Ord. No. 63A, § 62, 6-3-74)

State Law reference— Similar provisions, MCL 750.535, MSA 28.803.

(a)

It shall be unlawful for any person to stop, put up, board or lodge at any boardinghouse as a guest or boarder by the day, week or month, or to procure any food, entertainment or accommodation without paying therefor, unless there is a distinct and express agreement made by such person with the owner, proprietor or keeper of such boardinghouse for credit, with intent to defraud such owner, proprietor or keeper out of the pay for such board, lodging, food, entertainment or accommodations, or for any person, with intent to so defraud to obtain credit at any boardinghouse for such board, lodging, food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto. No conviction shall be had under the provisions of this subsection unless complaint shall be made within ten (10) days of the time of the violation thereof.

(b)

It shall be unlawful for any person to put up at any hotel, motel, inn, restaurant or cafe as a guest or to 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 for any person with intent to defraud such keeper out of the pay therefor to 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. No conviction shall be had under the provisions of this subsection unless complaint is made within sixty (60) days of the time of the violation hereof.

(c)

Obtaining 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 the intent to defraud mentioned in subsections (a) and (b).

(Ord. No. 63A, §§ 68—70, 6-3-74)

State Law reference— Similar provisions, MCL 750.291—750.293, MSA 28.502—28.504.

(a)

It shall be unlawful for any person, with intent to defraud, to make or draw or 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, knowing at the time of such making, drawing, uttering or delivering that the maker or drawer has not sufficient funds in or credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation, or for any person with the intent to defraud to 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, and not to have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, levy or other lawful cause and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing.

(b)

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 fee, within five (5) days after receiving notice that such check, draft or order has not been paid by the drawee.

(c)

Where such check, draft or order is protested on the grounds of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest, and shall be prima facie evidence of intent to defraud, and of knowledge of insufficient funds or credit with such bank or other depository.

(d)

The word "credit" as used in this section, shall be construed to mean an arrangement or understanding with the bank or depository for the payment of a check, draft or order, in full, upon the presentation thereof for payment.

(Ord. No. 63A, §§ 71—74, 6-3-74)

State Law reference— Similar provisions, MCL 750.131, 750.132—750.134; MSA 28.326, 28.327—28.329.

It shall be unlawful for any person, with intent to defraud or cheat, to designedly, by color or any false token or writing or by any false or bogus check or token written, printed or engraved instrument, by spurious coin or metal in the similitude of coin, or by any other false pretense, to cause any person to grant, convey, assign, demise, lease or mortgage any land or interest in land, or to obtain the signature of any person to any written instrument, the making whereof would be punishable as forgery, or to obtain from any person any money or personal property, or the use of any instrument, facility or article or other valuable thing or service, or by means of any false weights or measures to obtain a larger amount or quantity of property other than was bargained for, or by means of any false weights or measures to sell or dispose of a less amount or quantity of property than was bargained for.

(Ord. No. 63A, § 75, 6-3-74)

State Law reference— Similar provisions, MCL 750.218, MSA 28.415.

It shall be unlawful for any person to knowingly obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious or counterfeit credit card, credit number, telephone number or other credit device, or by the use of any credit card, without the authority of the person to whom such card, number or device was issued, or by the use of any credit card, credit number, telephone number or other credit card, which credit number or device has been revoked and notice of revocation has been given to the person to whom issued.

(Ord. No. 63A, § 76, 6-3-74)

State Law reference— Credit cards, MCL 750.157 et seq.; false written statements about financial conditions to obtain credit, MCL 750.219.

(a)

Any person who as the agent, servant or employee of another; or as the trustee, bailee or custodian of the property of another; or of any partnership, voluntary association, public or private corporation; or of this state; or of any county, city, village, township or school district within this state, shall fraudulently dispose of or convert to his or her own use, or take or secrete 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 which shall have come to his or her possession or shall be under his or her charge or control by virtue of his or her being such agent, servant, employee, trustee, bailee or custodian, as aforesaid, shall be guilty of embezzlement.

(b)

In any prosecution under this section, the failure, neglect or refusal of such agent, servant, employee, trustee, bailee or custodia to pay, deliver or refund to his or her principal such money or property entrusted to his or her care on demand shall be prima facie proof of intent to embezzle.

(Ord. No. C-373, § 1, 10-19-92)

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

(1)

While the 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 the 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.

(Ord. No. C-374, § 1, 10-19-92)

It shall be unlawful for any person to throw or propel any snowball, missile or object from or at any moving motor vehicle.

(Ord. No. 63A, § 37, 6-3-74)

Cross reference— Traffic and motor vehicles generally, Ch. 22.

State Law reference— Throwing stone or missile at train, automobile, etc., MCL 750.394.

It shall be unlawful for any person to dig, cause to be dug, or maintain an excavation or partially constructed basement for any building or structure and to fail to safely cover or fence the same within a period of three (3) days after such excavation has been commenced.

(Ord. No. 63A, § 38, 6-3-74; Ord. No. 63A-L, 12-6-82)

State Law reference— Similar provisions, MCL 750.493c.

It shall be unlawful for any person to knowingly leave in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or other container of a kind and size sufficient to permit the entrapment or suffocation of a child therein, without first removing the snaplock or other locking device from the lid or cover thereof.

(Ord. No. 63A, § 52, 6-3-74)

State Law reference— Similar provisions, MCL 750.493d.

It shall be unlawful for any person under the influence of alcoholic liquor, controlled substance or exhilarating or stupefying substance to carry, have in possession or under control, or use in any manner or discharge any firearm within this township.

(Ord. No. 63A, § 33, 6-3-74)

Cross reference— Alcoholic liquor generally, Ch. 5.

State Law reference— Similar provisions, MCL 750.237.

It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person, or to discharge any firearm while so aimed.

(Ord. No. 63A, § 32, 6-3-74)

State Law reference— Similar provisions, MCL 750.233.

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

(Ord. No. 63A, § 34, 6-3-74)

State Law reference— Similar provisions, MCL 752.a863.

It shall be unlawful for any person to recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not either person believes the firearm to be loaded.

(Ord. No. 63A, § 35, 6-3-74)

It shall be unlawful for any person under eighteen (18) years of age to use or possess any gun designed and manufactured for propelling BB's not exceeding .177 calibre by means of spring, gas or air, outside the curtilage of his domicile unless he is accompanied by a parent or guardian who is over eighteen (18) years of age.

(Ord. No. 63A, § 36, 6-3-74)

State Law reference— Similar provisions, MCL 752.891.

It shall be unlawful for any person, company or corporation to sell to a minor any gun designed and manufactured for propelling BB's not exceeding .177 calibre by means of gas, air or spring, or to sell to a minor BB's designed to be used by such BB guns.

(Ord. No. 63A, § 82, 6-3-74)

It shall be unlawful for any person other than a duly sworn government law enforcement official in the course of his or her official duty to discharge, possess and/or use a firearm, bow-and-arrow, crossbow, slingshot, pellet gun, air rifle or other weapons on any township-owned property. This provision shall not prohibit the possession and/or use of any such weapon named above on township-owned property if authorized for a specified duration as part of a recreational function where the possession and/or use of such weapon or weapons is part of a function which has been expressly authorized by the township board.

(Ord. No. C-251, § 1, 12-18-89)

(a)

Prohibition. No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner or in such a manner as to cause a reasonable person to feel threatened.

(b)

"Facsimile of a firearm" defined. As used in this section, "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm including, but not limited to, toy guns, paint guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.

(c)

"Firearm" defined. As used in this division "firearm" shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

(Ord. No. C-315, § 1, 6-3-91)

(a)

The township finds that synthetic marijuana, consisting of plant or other material treated with chemicals or other substances that have not been approved for human consumption, is being marketed and sold as herbal incense and is being used in the same manner and for the same purposes as marijuana, with that use having become increasingly popular, particularly among teens and young adults.

(b)

The township further finds based on information and reports from poison control centers, hospitals, emergency room doctors, and police agencies, that individuals who use synthetic marijuana experience dangerous side effects including convulsions, tremors, seizures, hallucinations, unconsciousness, anxiety attacks, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation, evidencing that these herbal incense products are harmful if consumed and present an imminent and significant public health danger to persons consuming such products and other persons coming in contact with them.

(c)

The township further finds that, notwithstanding the high potential for abuse, and lack of any accepted medical use, the ability of the state to prohibit all forms of synthetic marijuana as a controlled substance has been frustrated due to the changing nature of the chemicals used in the manufacturing process.

(d)

The township further finds that in addition to synthetic marijuana, there may be other products or materials containing chemicals or substances, that while not approved for human consumption, are or may be marketed and sold in a form that allows for such consumption and which, upon consumption, may result in the same serious side effects and public health dangers as synthetic marijuana.

(e)

Based on these findings, the ordinance codified in this division is adopted for the purpose and with the intent to protect the public health and safety of the township and its residents from the threat posed by the availability and use of synthetic marijuana and other dangerous products by prohibiting persons from trafficking in, possessing, and using them in the township.

(Ord. No. C-763, § 1, 6-4-12)

As used in this division, the following words and phrases have the meanings indicated:

Act means the controlled substances provisions in Article 7 of the Public Health Code, Public Act No. 368 of 1978, MCL 333.7101 to MCL 333.7545, as amended, which is hereby adopted by reference as a part of this division.

Chemical agent means any chemical or organic compound, substance, or agent that is not made, intended and approved for consumption by humans.

Consumable product or material means a product or material, that regardless of packaging disclaimers or disclosures that it is not for human consumption or use, is in a form that readily allows for human consumption by inhalation, ingestion, injection, or application, through means, including but not limited to, smoking, or ingestion by mouth with or without mixing with food or drink.

Controlled substance means a substance included as a controlled substance in schedules 1 through 5 of the Act or a substance temporarily scheduled or rescheduled as a controlled substance as provided in the Act.

Controlled substance analogue has the same meaning as defined in the Act, which is a substance, the chemical structure of which is substantially similar to that of a controlled substance in schedules 1 and 2 of the Act.

Dangerous product means a consumable product or material containing a dangerous substance.

Dangerous substance means: (i) a chemical agent that under section 2451 of the Act, MCL 333.2451, has been determined by the local health officer to be or present an imminent danger to the health or lives of humans when present in a consumable product or material; and (ii) a chemical agent in a consumable product or material unless that chemical agent is conspicuously identified and described in writing on the packaging of the product, and has not been previously determined by the township or other governmental authority to be or present an imminent danger to the health or lives of humans when present in that type of consumable product or material.

Synthetic cannabinoid means a chemical compound, substance or agent identified in the "Synthetic Cannabinoid Appendix" that is part of this division, as amended from time to time by resolution of the township board.

Synthetic marijuana means a consumable product or material that contains a synthetic cannabinoid or other dangerous substance, which on the date this division was added to the Code, included herb and herbal incense products marketed and most commonly known as K-2 and Spice.

Traffic and trafficking means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, sell or transfer.

Transfer means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.

(Ord. No. C-763, § 1, 6-4-12)

It shall be unlawful for any person to traffic, or knowingly allow trafficking on property owned or controlled by that person, in any of the following:

(1)

A consumable product or material containing a controlled substance or controlled substance analogue.

(2)

A dangerous product.

(3)

Synthetic marijuana.

(Ord. No. C-763, § 1, 6-4-12)

It shall be unlawful for any person to possess or use, or knowingly allow the possession and use on property owned or controlled by that person, of any of the following:

(1)

A consumable product or material containing a controlled substance or controlled substance analogue.

(2)

A dangerous product.

(3)

Synthetic marijuana.

(Ord. No. C-763, § 1, 6-4-12)

In recognition that the presence of a controlled substance, controlled substance analogue, synthetic cannabinoid, or dangerous substance in a consumable product or material may require laboratory testing that can not be done at the time a violation of this division is believed to have occurred, for purposes of determining the existence of probable cause, it shall be presumed that a consumable product or material contains one (1) or more of those substances if it is being or has been marketed or sold for a price that is substantially higher than the price at which the same quantity of a similar and comparable product or material that is known to not contain such substances can be purchased.

(Ord. No. C-763, § 1, 6-4-12)

The sanction for a violation of this division shall be as a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), and/or imprisonment for not more than ninety (90) days as provided in subsection 1-10(a) of this Code.

(Ord. No. C-763, § 1, 6-4-12)

SYNTHETIC CANNABINOID APPENDIX

Synthetic Cannabinoids include all of the following chemical compounds, substances and agents.

"AM Cannabinoids" being synthetic chemical compounds, substances or agents created by Alexandros Makriyannis or his research group and identified as AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232; AM-2233; AM-2102; AM-4030; and other substances with a structure and effect that is substantially similar to those listed. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.

"CP Cannabinoids" being synthetic chemical compounds, substances or agents identified as CP-47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50, 556-1; CP-55, 244; CP-55, 940; CP-945, 598; and other substances with a structure and effect that is substantially similar to those listed. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.

"HU Cannabinoids" being synthetic chemical compounds, substances or agents synthesized at the Hebrew University and identified as HU-210; HU-211; HU-243; HU-308; HU-320; HU-331; HU-336; HU-345; and other substances with a structure and effect that is substantially similar to those listed. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.

"JWH Cannabinoids" being synthetic chemical compounds, substances or agents created by John W. Huffman or his research group and identified as JWH-007; JWH-015; JWH-018; JWH-019; JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH 250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424; and other substances with a structure and effect that is substantially similar to those listed. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.

(Ord. No. C-763, § 1, 6-4-12)

It shall be unlawful for any person to engage in any indecent or obscene conduct in any public place.

(Ord. No. 63A, § 14, 6-3-74)

State Law reference— Indecent language, MCL 750.103, 750.337; person engaged in indecent or obscene conduct deemed a disorderly person, MCL 750.167(1)(f).

It shall be unlawful for any person to make any intentional open or indecent exposure of his or her person or of the person of another.

(Ord. No. 63A, § 18, 6-3-74)

State Law reference— Similar provisions, MCL 750.335a.

(a)

It shall be unlawful for any person to engage in any act of prostitution.

(b)

A person commits the offense of prostitution if he or she engages in, or agrees to engage in, sexual conduct with another in return for a fee.

(c)

Sexual conduct for purposes of this section shall be defined as any intentional touching by a person of another's breasts, buttocks or genital area for the purpose of sexual arousal or gratification, or engaging in an act of sexual intercourse, cunnilingus, fellatio or anal intercourse.

(Ord. No. 63A, § 26, 6-3-74)

State Law reference— Common prostitute deemed a disorderly person, MCL 750.167(1)(b); prostitution generally, MCL 750.448 et seq.

It shall be unlawful for any person, male or female, seventeen (17) years of age or older, to accost, solicit or invite another in any public place, or in or from any building or vehicle, by word, gesture or any other means, to commit prostitution or to do any other lewd or immoral act.

State Law reference— Similar provisions, MCL 750.448.

(a)

It shall be unlawful for any person, or his agent or employee, to directly or indirectly keep or occupy or assist in keeping or occupying any common gambling house or any building or place where gaming is permitted or suffered or to suffer or permit on any premises owned, occupied or controlled by him any apparatus used for gaming or gambling or to use such apparatus for gaming or gambling in any place within the township.

(b)

It shall be unlawful for any person to, for hire, gain or reward, keep or maintain a gaming room, or a gaming table, or any game of skill or chance, or partly of skill and partly of chance, used for gaming, or to knowingly suffer a gaming room, or any such game to be kept, maintained or played on any premises occupied or controlled by him.

(Ord. No. 63A, § 40, 6-3-74)

State Law reference— Gambling, MCL 750.301 et seq.

(a)

It shall be unlawful for any person to present, sponsor, procure, direct, act or otherwise participate in or to assist in the presentation of an obscene performance in the township.

(b)

As used in this section, the following definitions shall apply:

(1)

Obscene performance means a play, motion picture, dance, show, act, rendition, lecture, reading or other presentation, whether pictured, animated or live, performed before an audience or intended to be performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, depicted or described, provided that the average person, applying contemporary community standards in the township would find that the performance taken as a whole appeals to the prurient interest in a patently offensive way and lacks serious literary, artistic, political or scientific value.

(2)

Nudity means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal 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 purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

(3)

Obscenities means those slang words currently generally rejected for regular use in mixed society that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

(4)

Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing or bizarre costume, or in the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(5)

Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(6)

Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

(Ord. No. 83, § 6, 3-4-74)

State Law reference— Obscene material, MCL 752.361 et seq.

(a)

Except as authorized by the Uniform Controlled Substances Act, as adopted by the State as Article 7 of the Public Health Code (MCL 333.7101, et seq.), as amended, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 (MCL 333.27951 through 333.27967, effective December 6, 2018), referred to as the Marihuana Act, as approved by the electors of the State of Michigan, a person shall not manufacture, deliver, use or possess a controlled substance as defined by the Uniform Controlled Substances Act.

(1)

Prohibited conduct. Pursuant to Section 4 of the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq., the following acts are not authorized by law:

a.

Operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;

b.

Transfer of marihuana or marihuana accessories to a person under the age of twenty-one (21);

c.

Any person under the age of twenty-one (21) to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;

d.

Separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below one hundred (100) degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;

e.

Consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except that for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under twenty-one (21) years of age;

f.

Cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;

g.

Consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;

h.

Possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or

i.

Possessing more than two and one-half (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 of the container or area.

(2)

Permissible conduct. Notwithstanding any other law or provision of this ordinance, and except as otherwise provided in section 15-221(a)(1), the following acts by a person twenty-one (21) years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:

a.

Except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing two and one-half (2.5) ounces or less of marihuana, except that not more than fifteen (15) grams of marihuana may be in the form of marihuana concentrate;

b.

Within the person's residence, possessing, storing, and processing not more than ten (10) ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than twelve (12) marihuana plants for personal use, provided that no more than twelve (12) marihuana plants are possessed, cultivated, or processed on the premises at once;

c.

Assisting another person who is twenty-one (21) years of age or older in any of the acts described in this section;

d.

Giving away or otherwise transferring without remuneration up to two and one-half (2.5) ounces of marihuana, except that not more than fifteen (15) grams of marihuana may be in the form of marihuana concentrate, to a person twenty-one (21) years of age or older, as long as the transfer is not advertised or promoted to the public;

e.

Except as otherwise provided in section 15-221(a)(1), the use, manufacture, possession, and purchase of marihuana accessories by a person twenty-one (21) years of age or older and the distribution or sale of marihuana accessories to a person twenty-one (21) years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege;

f.

Except as prohibited by section 13.5-16 of this Code, a marihuana grower or an agent acting on behalf of a marihuana grower who is twenty-one (21) years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is twenty-one (21) years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;

g.

Except as prohibited by section 13.5-16 of this Code, a marihuana processor or agent acting on behalf of a marihuana processor who is twenty-one (21) years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;

h.

Except as prohibited by section 13.5-16 of this Code, a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is twenty-one (21) years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment; or receiving compensation for services;

i.

Except as prohibited by section 13.5-16 of this Code, a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is twenty-one (21) years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for services;

j.

Except as prohibited by section 13.5-16 of this Code, a marihuana retailer or an agent acting on behalf of a marihuana retailer who is twenty-one (21) years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; selling or otherwise transferring marihuana to a person twenty-one (21) years of age or older; or receiving compensation for goods or services;

k.

Except as prohibited by section 13.5-16 of this Code, a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is twenty-one (21) years of age or older, cultivating not more than one hundred fifty (150) marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person twenty-one (21) years of age or older; or receiving compensation for goods or services;

l.

Leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq.;

m.

Enrolling or employing a person who engages in marihuana-related activities allowed under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq.;

n.

Possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp;

o.

Except as prohibited under section 13.5-16 of this Code, providing professional services to prospective or licensed marihuana establishments related to activity under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq.

(3)

Violations and penalties. A person who commits any of the following acts, and is not otherwise authorized by this section or the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq., to conduct such activities, may be punished only 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:

a.

Except for a person who engaged in conduct described in sections 15-221 (a)(1)a. through 15-221(a)(1)d., 15-221 (a)(1)g. or 15-221 (a)(1)h., a person who possesses not more than the amount of marihuana allowed by section 15-221(a)(2) cultivates not more than the amount of marihuana allowed by section 15-221 (a)(2), delivers without receiving any remuneration to a person who is at least twenty-one (21) years of age not more than the amount of marihuana allowed by section 15-221 (a)(2), or possesses with intent to deliver not more than the amount of marihuana allowed by section 15-221(a)(2), is responsible for a civil infraction and may be punished by a fine of not more than one hundred dollars ($100.00) and forfeiture of the marihuana.

b.

Except for a person who engaged in conduct described in section 15-221(a)(1), a person who possesses not more than twice the amount of marihuana allowed by section 15-221 (a)(2)a., cultivates not more than twice the amount of marihuana allowed by section 15-221 (a)(2)b., delivers without receiving any remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marihuana allowed by section 15-221(a)(2)d., or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 15-221 (a)(2):

1.

For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than five hundred dollars ($500.00) and forfeiture of the marihuana;

2.

For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than one thousand dollars ($1,000.00) and forfeiture of the marihuana;

3.

For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than two thousand dollars ($2,000.00) and forfeiture of the marihuana.

c.

Except for a person who engaged in conduct described by sections 15-221 (a)(1)a., 15-221 (a)(1)d., or 15-221 (a)(1)g., a person under twenty-one (21) years of age who possesses not more than two and one-half (2.5) ounces of marihuana or who cultivates not more than twelve (12) marihuana plants:

1.

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

(i)

If the person is less than eighteen (18) years of age, by a fine of not more than one hundred dollars ($100.00) or community service, forfeiture of the marihuana, and completion of four (4) hours of drug education or counseling; or

(ii)

If the person is at least eighteen (18) years of age, by a fine of not more than one hundred dollars ($100.00) and forfeiture of the marihuana.

2.

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

(i)

If the person is less than eighteen (18) years of age, by a fine of not more than five hundred dollars ($500.00) or community service, forfeiture of the marihuana, and completion of eight (8) hours of drug education or counseling; or

(ii)

If the person is at least eighteen (18) years of age, by a fine of not more than five hundred dollars ($500.00) and forfeiture of the marihuana.

d.

Except for a person who engaged in conduct described in section 15-221(a)(1), a person who possesses more than twice the amount of marihuana allowed by section 15-221 (a)(2)a., cultivates more than twice the amount of marihuana allowed by section 15-221(a)(2)b., or delivers without receiving any remuneration to a person who is at least twenty-one (21) years of age more than twice the amount of marihuana allowed by section 15-221 (a)(2)d., shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.

Should any section, subdivision, sentence, clause, or phrase of this ordinance be declared by the courts to be invalid, it shall not affect the validity of the remainder of the ordinance or any part other than the part invalidated. It is further declared that such provisions would have been adopted independently of the provision found to be invalid. Should any procedural aspect of this article be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this article.

(b)

When a person who has not been previously convicted of an offense under the Uniform Controlled Substances Act as adopted by the state, or the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, referred to as the Marihuana Act, as approved by the electors of the State of Michigan or any statute of the United States or any other state, or any ordinance relating to controlled substances, pleads guilty to or is found guilty of possessing or using a controlled substance, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions. Upon violation of a term or condition the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this article or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed by state law for second or subsequent convictions under the Uniform Controlled Substances Act, or the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, referred to as the Marihuana Act, as approved by the electors of the State of Michigan. There may be only one (1) discharge and dismissal under this section and other ordinance or state law as to an individual. The records and identifications division of the police department shall retain a nonpublic record 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 involving the use of a controlled substance has already once utilized the probation without judgment of guilt provisions in this section.

(c)

If an individual is convicted of a violation of this section, the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program on the medical, psychological and social effects of the misuse of drugs. The court may order the individual to pay a fee for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(Ord. No. 63A, § 39, 6-3-74; Ord. No. 63A-J, 9-15-80; Ord. No. C-64, 3-23-20)

It shall be unlawful for any person or persons to possess tools and implements suited particularly to the abuse of controlled substances in violation of the Uniform Controlled Substances Act, as adopted by the State as Article 7 of the Public Health Code (MCL 333.7101, et seq.), as amended, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, referred to as the Marihuana Act, as approved by the electors of the State of Michigan, including, but not limited to a hypodermic needle, distilling implement, hash pipes of any description, or mechanical closing devices of any description, under such circumstances that they appear to have been adapted, designed or used for the abuse of controlled substances, and such person or persons knowing the same to be adapted and designed for the purpose of the abuse of controlled substances with the intent to use or employ the paraphernalia for such abuse.

(Ord. No. 63A, § 83, 6-3-74; Ord. No. 63A-D, 9-6-77; Ord. No. C-64, 3-23-20)

(a)

Definition. As used in this section, the term "model glue" shall mean any glue, adhesive cement, mucilage, dope, plastic solvent or other adhesive of the type commonly used in the construction of model airplanes, automobiles, boats, and other unassembled model kits, containing toluene, acetone, xylene, butyl alcohol, hexane, tricresyl phosphate or other toxic ingredient.

(b)

Intentional violation. No person shall, for the purpose of violating or aiding another to violate any provision of this section, intentionally possess, buy, sell, transfer possession or receive possession of any model glue.

(c)

Sale and possession. Except as provided in subsections (c)(2) and (c)(3) and subsection (d), no person under twenty-one (21) years of age shall possess or buy any model glue.

(1)

Except as provided in subsections (c)(2) and (c)(3) and subsection (d), no person shall sell or transfer possession of any model glue to another person under twenty-one (21) years of age.

(2)

A person may sell or transfer possession of model glue to a person under twenty-one (21) years of age for model building or other lawful use where the juvenile has in his possession and exhibits the written consent of his parent or guardian.

(3)

A person may sell or transfer possession to a person under the age of twenty-one (21) years, of not more than one (1) assembly kit which contains not more than one (1) container of model glue not to exceed one (1) fluid ounce, as a necessary part of model assembly.

(d)

Sale by written consent. A person making a sale or transfer of possession of model glue to a person twenty-one (21) years of age who exhibits the written consent of his parent or guardian shall record the name, address, sex and age of the juvenile and the name and address of the consenting parent or guardian. All data required by this section shall be kept in a permanent-type register available for inspection by the police department for a period of at least six (6) months.

(e)

Prohibited uses. No person shall inhale, drink, eat or otherwise introduce into his respiratory or circulatory system any compound, liquid or chemical, or any substance known as glue, adhesive cement, mucilage, dope, plastic solvent or any other material or substance or combination thereof with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing, distorting or disturbing the eyesight, thinking process, judgment, balance or coordination of such person. For the purpose of this subsection, any such condition so induced shall be deemed to be an intoxicated condition.

(f)

Assistance to minors prohibited. It shall be unlawful for any person to assist, aid, abet or encourage any minor to violate any provision of this section.

(g)

Medical exceptions. The provisions of this section shall not pertain to any person who inhales, drinks, eats or otherwise introduces into his circulatory or respiratory system such material or substance pursuant to the direction or prescription of any doctor, dentist or other person authorized to so direct or prescribe.

(h)

Penalties. Any person who violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment in the county jail for not to exceed ninety (90) days, or by both such fine and imprisonment in the discretion of the court.

(Ord. No. 57, §§ 1—8, 6-7-67)

State Law reference— Use of chemical agents, MCL 752.271 et seq.

It shall be unlawful for any person to intentionally smell or inhale fumes into his respiratory or circulatory system for the purpose of causing a condition of intoxication, euphoria, excitement, exhilarations, stupefaction or a dulling of the senses or nervous system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

(Ord. No. 63A, § 31, 6-3-74)

(a)

Alternative nicotine delivery product means a noncombustible product containing nicotine that is intended for human consumption whether chewed, absorbed, dissolved, inhaled or ingested by any other means.

(b)

Cigar bar means an establishment or area within an establishment that is open to the public and is designated for the smoking of cigars, purchased on the premises or elsewhere.

(c)

Educational facility as used in this division means a building owned, leased or under the control of a public or private school system, college, or university.

(d)

Minor means a person who is less than twenty-one (21) years of age.

(e)

Smoking or smoke as used in this division means the possession and/or use of a lighted and/or activated cigar, cigarette, pipe, alternative nicotine delivery product, tobacco or vapor product or other lighted smoking device.

(f)

Tobacco product means a product that contains tobacco and is intended for human consumption including, but not limited to, cigarettes, cigars, non-cigarette smoking tobacco, chewing tobacco, tobacco snuff or smokeless tobacco as those terms are defined in Section 2 of the Tobacco Products Tax Act, 1993 PA 327, MCL 205.422.

(g)

Tobacco specialty retail store means an establishment in which the primary purpose is the retail sale of tobacco products and smoking paraphernalia, and in which the sale of other products is incidental. Tobacco specialty retail store does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.

(h)

Vapor product means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electric, chemical or mechanical means, regardless of shape or size that can be used to produce vapor from nicotine or in a solution or other form. Vapor products include, but are not necessarily limited to include, an electronic cigarette (E cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette (E cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

(i)

Township means the Charter Township of West Bloomfield, Michigan.

(Ord. No. C-283-A, 11-26-18; Ord. No. C-283-B, § 2, 12-5-22)

(a)

An individual shall not possess or smoke tobacco, vapor or alternative nicotine delivery products in any educational facility except in a designated smoking area.

(b)

This section shall not apply to individuals over the age of twenty-one (21) in a private educational facility after regularly scheduled school hours.

(Ord. No. C-283-A, 11-26-18; Ord. No. C-283-B, § 3, 12-5-22)

A smoking area may be designated by the school district or the person who owns or operates an educational facility. If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in both smoking and adjacent nonsmoking areas.

(Ord. No. C-283-A, 11-26-18)

The school district or the person who owns or operates an educational facility shall, at a minimum, do all of the following in order to prevent smoking:

(1)

Post signs which state that smoking in that educational facility is prohibited, except in designated smoking areas, pursuant to this division.

(2)

Implement and enforce the policy prohibiting smoking in educational facilities and for the separation of smokers and nonsmokers developed under section 15-237.

(Ord. No. C-283-A, 11-26-18)

An individual who violates this division is liable for the following civil fines:

(1)

For the first violation a fine of not more than one hundred dollars ($100.00).

(2)

For a second violation a fine of not more than five hundred dollars ($500.00).

(3)

For a third or subsequent violation a fine of not more than twenty-five hundred dollars ($2,500.00).

(Ord. No. C-283-A, 11-26-18; Ord. No. C-283-B, § 4, 12-5-22)

A person under twenty-one (21) years of age shall not possess, consume or otherwise use tobacco products, vapor products or alternative nicotine delivery products on a public highway, street, alley, park or other lands used for public purposes, or any public place of business or amusement within the township.

(Ord. No. C-283-A, 11-26-18; Ord. No. C-283-B, § 5, 12-5-22)

(a)

A person shall not sell, give, or furnish any tobacco products, vapor products, or alternative nicotine delivery products to a person under twenty-one (21) years of age, including, but not limited to, through direct sale or through a vending machine.

(b)

A person under twenty-one (21) years of age shall not misrepresent his or her age in order to purchase tobacco products, vapor products, or alternative nicotine delivery products.

(c)

A person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:

"The purchase of tobacco products, vapor products or alternative nicotine products by a minor under twenty-one (21) years of age and the provision of tobacco products, vapor products and/or alternative nicotine products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products, vapor products and/or alternative nicotine products is subject to criminal penalties."

(d)

Section 15-241(a) shall not apply to the handling or transportation of a tobacco product, vapor product, or alternative nicotine product by a minor under the terms of the minor's employment.

(Ord. No. C-283-A, 11-26-18; Ord. No. C-283-B, § 6, 12-5-22)

(a)

A person under twenty-one (21) years of age shall not enter a tobacco specialty retail store during the time the tobacco specialty retail store is open for business.

(b)

A person under twenty-one (21) years of age shall not enter a cigar bar during the time the cigar bar is open for business.

(Ord. No. C-283-B, § 7, 12-5-22)