Village of Spring Lake, MI
Ottawa County
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[Adopted as Ch. 46, Art. VI, of the 2000 Code of Ordinances]
[Amended 10-5-1998 by Ord. No. 259]
A. 
Restricted. No person shall engage in public nudity, except where such conduct is:
(1) 
Part of, or done in connection with, an educational program or course conducted by an institution of higher education on property controlled by such institution and in an area where such conduct is not visible to persons outside of the program or course; or
(2) 
Part of a theatrical or dramatic performance held in a theater or auditorium where such conduct is not visible to people outside of the theater or auditorium.
B. 
Definitions. For the purpose of this section, the following terms shall have the definitions ascribed to them in this subsection.
PUBLIC NUDITY
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. Public nudity shall 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 Section 2 of Act No. 343 of the Public Acts of 1984, being § 752.362 of the Michigan Compiled Laws;
(3) 
Sexually explicit visual material as defined in Section 3 of Act No. 33 of the Public Acts of 1978, being § 722.673 of the Michigan Compiled Laws.
PUBLIC PLACE
Any real property or an appurtenance to real property that is owned or leased by the State of Michigan, any local unit of government of the State of Michigan, a public agency, or by a college or university of the State of Michigan and may include a structure, enclosure, facility, or complex, including a court, mall, park, or other area, feature, or element; a "public place" shall also mean a business or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed by any agency of government or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
No person shall keep or maintain any common gambling house or gaming room, or permit, on any premises owned, occupied or controlled by such person, any apparatus or device used for a gaming or gambling purpose. No persons shall possess any policy or pool slips, tickets, checks or any paper which is marked additionally with any kind of notation indicating any form of gambling unless said paper is specifically licensed by the state. The position of such writing or device shall constitute prima facie evidence of an intention to use the device for a gambling purpose.
A. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DRUG PARAPHERNALIA
Any equipment, product, material or combination of equipment, products or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as defined by the State Public Health Code or the laws of the state, including but not limited to, all of the following:
(1) 
An isomerization device specifically designed for use in increasing the potency of any species of plant that is a controlled substance.
(2) 
Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness or purity of a controlled substance.
(3) 
A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.
(4) 
A diluent or adulterant, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, specifically designed for use with a controlled substance.
(5) 
A separation gin or sifter specifically designed for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana.
(6) 
An object specifically designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body.
(7) 
A kit specifically designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
(8) 
A kit specifically designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(9) 
A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
(10) 
A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
(11) 
A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.
(12) 
A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including but not limited to a can used for brake fluid, oil or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(13) 
A spoon, with or without a chain attached, that has a small-diameter bowl and that is specifically designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body.
B. 
Prohibited use. It shall be unlawful for any person to:
(1) 
Use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug or controlled substance in violation of the State Public Health Code or the laws of the state.
(2) 
Deliver or possess with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug or controlled substance in violation of the State Public Health Code or the laws of the state.
(3) 
Place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
C. 
Exceptions. This section shall not apply to the following:
(1) 
An object sold or offered for sale to a person licensed under Article 15[1] or under the Occupational Code, Public Act No. 299 of 1980 [MCLA § 339.101 et seq., MSA § 18.425(101) et seq.], or any intern, trainee, apprentice or assistant in a profession licensed under Article 15 or under Public Act No. 299 of 1980 [MCLA § 339.101 et seq., MSA § 18.425(101) et seq.] for use in that profession.
[1]
Editor's Note: See MCLA § 333.16101 et seq.
(2) 
An object sold or offered for sale to any hospital, sanitarium, clinical laboratory or other health care institution, including a penal, correctional or juvenile detention facility, for use in that institution.
(3) 
An object sold or offered for sale to a dealer in medical, dental, surgical or pharmaceutical supplies.
(4) 
Equipment, a product or materials which may be used in the preparation or smoking of tobacco or smoking herbs other than a controlled substance.
(5) 
A blender, bowl, container, spoon or mixing device not specifically designed for a use described in § 240-27A.
(6) 
A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.
(7) 
An object sold, offered for sale or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.
D. 
Violation; penalties. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished in accordance with § 1-2. The Village may also seek injunctive relief as may be appropriate.