[Code 1974, § 72-2(a)—(d)]
(b)
No person shall commit an act of public nudity.
(e)
The term "public nudity" means knowingly or intentionally displaying
in a public place, or for payment or promise of payment by any person
including, but not limited to, payment or promise of payment of an
admission fee, any individual's genitals or anus with less than a
fully opaque covering, or a female individual's breast with less than
a fully opaque covering of the nipple and areola. The term "public
nudity" does not include any of the following:
(1)
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding.
(2)
Material as defined in § 2 of Public Act No. 343 of
1984 (MCL § 752.362).
(3)
Sexually explicit visual material as defined in § 3
of Public Act No. 33 of 1978 (MCL § 722.673).
|
State law references: Indecent exposure, MCL 750.335a;
authority to prohibit public nudity, MCL 42.1, 41.181.
|
[Code 1974, § 36-3(g)]
It shall be unlawful for any person to knowingly or recklessly
spit, urinate, or defecate in any public place or on private premises
without the consent of the owner or his tenant, agent, or employee,
except where an approved sanitary facility is provided.
[Code 1974, § 72-2(e), (f)]
Any public place that offers entertainment wherein performers
are required to change costumes or attire shall provide and make use
of dressing facilities set aside for use by male and female performers.
No person owning or controlling any public place shall allow the use
of restrooms, public rooms, kitchens, or other similar areas for the
changing of clothing by entertainers.
[Code 1974, §§ 73-1—73-4]
(a)
ALCOHOLIC BEVERAGE
ALLOW
CONTROL OVER ANY PREMISES, RESIDENCE, OR OTHER REAL PROPERTY
CONTROLLED SUBSTANCE
CORRECTIVE ACTION
(1)
(2)
(3)
MINOR
PREMISES
RESIDENCE
SOCIAL GATHERING
Definitions. As used in this section:
Alcoholic liquor as defined in § 105 of the Michigan
Liquor Control Code of 1998 (MCL § 436.1105).
To give permission for or approval of possession or consumption
of an alcoholic beverage or a controlled substance by any of the following
means:
The authority to regulate, direct, restrain, superintend,
control, or govern the conduct of other individuals on or within that
premises, residence, or other real property, and includes, but is
not limited to, a possessory right.
That term as defined in § 7104 of the Public Health
Code (MCL § 333.7104).
Any of the following:
Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in subsection (2) or (3) of this definition if the minor or other individual does not comply with the request.
Making a prompt report of the unlawful possession or consumption
of alcoholic liquor or a controlled substance to a law enforcement
agency having jurisdiction over the violation.
Making a prompt report of the unlawful possession or consumption
of alcoholic liquor or a controlled substance to another person having
a greater degree of authority or control over the conduct of persons
on or within the premises, residence, or other real property.
An individual less than 21 years of age.
A permanent or temporary place of assembly, other than a
residence, including, but not limited to, any of the following:
A permanent or temporary place of dwelling, including, but
not limited to, any of the following:
An assembly of two or more individuals for any purpose, unless
all of the individuals attending the assembly are members of the same
household or immediate family.
(b)
Acts prohibited by owners, tenants, etc. Except as otherwise provided in subsection (c) of this section, an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:
(1)
Knowingly allow a minor to consume or possess an alcoholic beverage
at a social gathering on or within that premises, residence, or other
real property.
(2)
Knowingly allow any individual to consume or possess a controlled
substance at a social gathering on or within that premises, residence,
or other real property.
(c)
Application to prescriptions and religious rites. This section does
not apply to the use, consumption, or possession of a controlled substance
by an individual pursuant to a lawful prescription or to the use,
consumption, or possession of an alcoholic beverage by a minor for
religious purposes.
(d)
Rebuttable presumption. Evidence of all of the following gives rise
to a rebuttable presumption that the defendant allowed the consumption
or possession of an alcoholic beverage or a controlled substance on
or within a premises, residence, or other real property, in violation
of this section:
(1)
The defendant had control over the premises, residence, or other
real property.
(2)
The defendant knew that a minor was consuming or in possession
of an alcoholic beverage or knew that an individual was consuming
or in possession of a controlled substance at a social gathering on
or within that premises, residence, or other real property.
(3)
The defendant failed to take corrective action.
(e)
Selling or furnishing alcohol to minors denied. This section does
not authorize selling or furnishing an alcoholic beverage to a minor.
(f)
Additional penalty. A penalty imposed for violation of this section
shall be in addition to any penalty that may be imposed for any other
offense arising from the same conduct.
|
State law reference: Similar provisions, MCL 750.141a.
|
[Code 1974, §§ 74-1, 74-2; Ord. No. 2008-07, 6-8-2008; Ord. No. 2012-04, 7-24-2012; amended 2-6-2018 by Ord. No. 2018-04]
(a)
Fines and sanctions. A minor shall not purchase or attempt to purchase
alcoholic liquor, consume or attempt to consume alcoholic liquor,
or possess or attempt to possess alcoholic liquor, or have any bodily
alcohol content, except as provided in this section. A minor who violates
this subsection is responsible for a civil infraction or guilty of
a misdemeanor punishable by the following fines and sanctions:
(1)
For the first violation, the minor is responsible for a civil
infraction and shall be fined not more than $100. A court may order
a minor to participate in substance abuse prevention services or substance
abuse treatment and rehabilitation services as defined in Section
6230 of the Public Health Code, 1978 PA 368, MCL 333.6230, and designated
by the administrator of the Office of Substance Abuse Services, and
may order the minor to perform community service and substance abuse
screening and assessment at his or her own expense as described in
Subsection (e). A minor may admit responsibility only once under this
subsection.
(2)
If a violation of this subsection occurs after one prior judgment,
the minor is guilty of a misdemeanor. A misdemeanor under this subsection
is punishable by imprisonment for not more than 30 days if the court
finds that the minor violated an order of probation, failed to successfully
complete any treatment, screening, or community service ordered by
the court, or failed to pay any fine for that conviction or juvenile
adjudication, or by a fine of not more than $200, or both. A court
may order a minor to participate in substance use disorder services
as defined in Section 6230 of the Public Health Code, 1978 PA 368,
MCL 333.6230, and designated by the administrator of the Office of
Substance Abuse Services, to perform community service, and to undergo
substance abuse screening and assessment at his or her own expense
as described in Subsection (e).
(3)
If a violation occurs after two or more prior judgments, the
minor is guilty of a misdemeanor. A misdemeanor under this subsection
is punishable by imprisonment for not more than 60 days, if the court
finds that the minor violated an order of probation, failed to successfully
complete any treatment, screening, or community service ordered by
the court, or failed to pay any fine for that conviction or juvenile
adjudication, or by a fine of not more than $500, or both, as applicable.
A court may order a minor under this subsection to participate in
substance use disorder services as defined in Section 6230 of the
Public Health Code, 1978 PA 368, MCL 333.6230, and designated by the
administrator of the Office of Substance Abuse Services, to perform
community service, and to undergo substance abuse screening and assessment
at his or her own expense as described in Subsection (e).
(b)
An individual who furnishes fraudulent identification to a minor or, notwithstanding Subsection (a), a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(c)
If an individual who pleads guilty to a misdemeanor violation of
Subsection (a)(2) or offers a plea of admission in a juvenile delinquency
proceeding for a misdemeanor violation of Subsection (a)(2), the court,
without entering a judgment of guilt in a criminal proceeding or a
determination in a juvenile delinquency proceeding that the juvenile
has committed the offense and with the consent of the accused, may
defer further proceedings and place the individual on probation. The
terms and conditions of that probation include, but are not limited
to, the sanctions set forth in Subsection (a)(3), payment of the costs,
including minimum state cost as provided for in Section 18m of Chapter
XIIA of the Probate Code of 1939, 1939 PA 288, MCL 712A.18m, and Section
1j of Chapter IX of the Code of Criminal Procedure, 1927 PA 175, MCL
769.1j, and the costs of probation as prescribed in Section 3 of Chapter
XI of the Code of Criminal Procedure, 1927 PA 175, MCL 771.3. If a
court finds that an individual violated a term or condition of probation
or that the individual is utilizing this subsection in another court,
the court may enter an adjudication of guilt, or a determination in
a juvenile delinquency proceeding that the individual has committed
the offense, and proceed as otherwise provided by law. If an individual
fulfills the terms and conditions of probation, the court shall discharge
the individual and dismiss the proceedings. A discharge and dismissal
under this section is without adjudication of guilt or without a determination
in a juvenile delinquency proceeding that the individual has committed
the offense and is not a conviction or juvenile adjudication for purposes
of disqualifications or disabilities imposed by law on conviction
of a crime. An individual may obtain only one discharge and dismissal
under this subsection. 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. The Secretary of State shall retain a nonpublic record
of a plea and of the discharge and dismissal under this subsection.
These records shall be furnished to any of the following:
(1)
To a court, prosecutor, or police agency on request for the
purpose of determining if an individual has already utilized this
subsection.
(2)
To the Department of Corrections, a prosecutor, or a law enforcement
agency, on the department's, a prosecutor's, or a law enforcement
agency's request, subject to all of the following conditions:
a.
At the time of the request, the individual is an employee of
the Department of Corrections, the prosecutor, or the law enforcement
agency, or an applicant for employment with the Department of Corrections,
the prosecutor, or the law enforcement agency.
b.
The record is used by the Department of Corrections, the prosecutor,
or the law enforcement agency only to determine whether an employee
has violated his or her conditions of employment or whether an applicant
meets criteria for employment.
(e)
A court may order an individual found responsible for or convicted of violating Subsection (a) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, MCL 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
(f)
A law enforcement officer, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, or purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (a) shall notify the parent or parents, custodian, or guardian of the individual as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The law enforcement officer shall notify the parent, guardian, or custodian not later than 48 hours after the law enforcement agency determines that the individual who allegedly violated Subsection (a) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The law enforcement officer may notify the parent, guardian, or custodian by any means reasonably calculated to give prompt actual notice, including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating Subsection (a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(g)
This section does not prohibit a minor from possessing alcoholic
liquor during regular working hours and in the course of his or her
employment if employed by a person licensed by the Michigan Liquor
Control Code of 1998 (MCL 436.1101 et seq.), by the state liquor control
commission, or by an agent of the commission, if the alcoholic liquor
is not possessed for his or her personal consumption.
(h)
The following individuals are not considered to be in violation of Subsection (a):
(1)
A minor who has consumed alcoholic liquor and who voluntarily
presents himself or herself to a health facility or agency for treatment
or for observation, including, but not limited to, medical examination
and treatment for any condition arising from a violation of Sections
520b to 520g of the Michigan Penal Code, 1931 PA 328, MCL 750.520b
to 750.520g, committed against a minor.
(2)
A minor who accompanies an individual who meets both of the
following criteria:
a.
Has consumed alcoholic liquor.
b.
Voluntarily presents himself or herself to a health facility
or agency for treatment or for observation, including, but not limited
to, medical examination and treatment for any condition arising from
a violation of Sections 520b to 520g of the Michigan Penal Code, 1931
PA 328, MCL 750.520b to 750.520g, committed against a minor.
(3)
A minor who initiates contact with a peace officer or emergency
medical services personnel for the purpose of obtaining medical assistance
for a legitimate health care concern.
(i)
If a minor who is less than 18 years of age and who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under Subsection (h), the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency.
(j)
This section does not limit the civil or criminal liability of a
vendor or the vendor's clerk, servant, agent, or employee for a violation
of the Michigan Liquor Control Code of 1998 (MCL 436.1101 et seq.).
(k)
The consumption of alcoholic liquor by a minor who is enrolled in
a course offered by an accredited postsecondary educational institution
in an academic building of the institution under the supervision of
a faculty member is not prohibited by this section if the purpose
of the consumption is solely educational and is a requirement of the
course.
(l)
The consumption by a minor of sacramental wine in connection with
religious services at a church, synagogue, or temple is not prohibited
by this section.
(m)
Subsection (a) does not apply to a minor who participates in either or both of the following:
(1)
An undercover operation in which the minor purchases or receives
alcoholic liquor under the direction of the person's employer and
with the prior approval of the local prosecutor's office as part of
an employer-sponsored internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives
alcoholic liquor under the direction of the state police, the state
liquor control commission, or a local police agency as part of an
enforcement action unless the initial or contemporaneous purchase
or receipt of alcoholic liquor by the minor was not under the direction
of the state police, the state liquor control commission, or the local
police agency and was not part of the undercover operation.
(n)
In a prosecution for the violation of Subsection (a) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal.
(o)
ANY BODILY ALCOHOL CONTENT
(1)
(2)
EMERGENCY MEDICAL SERVICES PERSONNEL
HEALTH FACILITY OR AGENCY
MINOR
PRIOR JUDGMENT
(1)
(2)
(3)
(4)
As used in this section, the following terms shall have the following
meanings:
Either of the following:
An alcohol content of 0.02 grams or more per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine.
Any presence of alcohol within a person's body resulting from
the consumption of alcoholic liquor, other than consumption of alcoholic
liquor as a part of a generally recognized religious service or ceremony.
That term as defined in Section 20904 of the Public Health
Code, 1978 PA 368, MCL 333.20904.
That term as defined in Section 20106 of the Public Health
Code, 1978 PA 368, MCL 333.20106.
A person under the age of 21.
A conviction, juvenile adjudication, finding of responsibility,
or admission of responsibility for any of the following, whether under
a law of this state, a local ordinance substantially corresponding
to a law of this state, a law of the United States substantially corresponding
to a law of this state, or a law of another state substantially corresponding
to a law of this state:
This section or section of the Michigan Liquor Control Code
701 or 707 of the Michigan Liquor Control Code.
Section 624a, 624b, or 625 of the Michigan Vehicle Code, 1949
PA 300, MCL 257.624a, 257.624b, and 257.625.
Section 80176, 81134, or 82127 of the Natural Resources and
Environmental Protection Act, 1994 PA 451, MCL 324.80176, 324.81134,
and 324.82127.
Section 167a or 237 of the Michigan Penal Code, 1939 PA 328,
MCL 750.167a and 750.237.
|
State law reference: Similar provisions, MCL 436.1703.
|
[Code 1974, § 74-3 Ord. No. 2012-04, 7-24-2012]
The results of a preliminary chemical breath analysis or other
acceptable blood alcohol test are admissible in a criminal prosecution
to determine whether a person less than 21 years of age has consumed
or possessed alcoholic liquor or had any bodily alcohol content. A
legal presumption shall be made by the court that a person less than
21 years of age has consumed or possessed alcoholic liquor if a preliminary
chemical breath analysis or other acceptable blood alcohol test indicates
the person's blood contained 0.02% or more by weight of alcohol.
[Ord. No. 2008-13, 1-27-2009]
(a)
A person who does any of the following in a store or in its immediate
vicinity is guilty of retail fraud:
(1)
While a store is open to the public, alters, transfers, removes
and replaces, conceals, or otherwise misrepresents the price at which
property is offered for sale, with the intent not to pay for the property
or to pay less than the price at which the property is offered for
sale, if the resulting difference in price is less than $200.
(2)
While a store is open to the public, steals property of the
store that is offered for sale at a price of less than $200.
(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, if the amount of money,
or the value of the property, obtained or attempted to be obtained
is less than $200.
(b)
Evidence that the property or money taken or attempted to be taken
has a value equal to or greater than $200 shall not be a defense to
this offense.
(c)
A person who violates this section is guilty of a misdemeanor punishable
by jail for not more than 93 days or a fine of not more than $500,
or both jail and a fine.
[Added 7-26-2022 by Ord. No. 2022-13]
(a)
No person shall, for the purpose of causing a condition of intoxication,
euphoria, excitement, exhilaration, stupefaction or dulling of the
senses or nervous system, intentionally smell or inhale the fumes
of any chemical agent or intentionally drink, eat or otherwise introduce
any chemical agent into his or her respiratory or circulatory system.
This shall not prohibit the inhalation of any anesthesia for medical
or dental purposes.
(b)
A person who violates Subsection (a) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both imprisonment and a fine.
(c)
As used in this section, "chemical agent" means any substance containing
a toxic chemical or organic solvent or both, having the property of
releasing toxic vapors. The term includes, but is not limited to,
glue, acetone, toluene, difluoroethane, nitrous oxide, carbon tetrachloride,
hydrocarbons and hydrocarbon derivatives.
|
State law reference: MCL 752.272.
|
