[Adopted 11-10-2020 by Ord. No. 110]
This article shall be known as and may be cited as the "Attempt to Commit Crime Ordinance."
This is an article to adopt MCLA § 750.92, titled "Attempt to Commit Crime," by reference and to provide penalties for a violation of that section, being Public Act 328 of 1931.
A. 
Adoption. MCLA § 750.92 is hereby adopted by reference.
B. 
Penalty. A person who violates this article shall be guilty of a misdemeanor, punishable by imprisonment for not more than 45 days or a fine of not more than $500, or both.
C. 
Application. The Township shall not enforce any provision of MCLA § 750.92 for any crime for which the maximum period of imprisonment is greater than 93 days.
If any section, subsection, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this article, and such holding shall not affect the validity of the remaining portions of this article.
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this article takes effect are saved and may be consummated according to the law in force when they are commenced.
All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this article full force and effect.
This article shall be published in full in a newspaper of general circulation in the Charter Township of Oakland qualified under state law to publish legal notices and shall become effective upon publication, as provided by law.
This article is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Oakland at a meeting thereof duly called and held on the 10th day of November 2020, and ordered to be given publication in the manner prescribed by the Charter of the Township of Oakland.
[Adopted 11-10-2020 by Ord. No. 111]
This article shall be known and may be cited as the "Criminal Conduct Causing a Police Response Ordinance."
This is an article to regulate conduct to limit the use of law enforcement and recoup costs of the Township when criminal conduct requires a police response.
As used in this article, the following terms shall have the meanings indicated:
POLICE and POLICE OFFICER
Any federal, state, county or local law enforcement officer.
CRIME
Any federal or state felony or misdemeanor and any county or local misdemeanor.
PERSON
A natural person and any corporation, partnership, or other business entity.
A. 
A person who engages in conduct for which a police response was solicited by another or initiated by a police officer, and for which the court determines as part of a plea of responsible to the secondary offense that there was probable cause a crime had been committed to justify a police response, is responsible for a municipal civil infraction of causing a police response punishable as provided below.
B. 
A violation of Subsection A is a "secondary offense." A person may only plead responsible to a violation of Subsection A upon the concurrence or recommendation of the Township's prosecuting attorney.
A. 
Municipal civil infraction/payment of fine. Any person violating a provision of this article, upon an admission or a finding of responsibility for such violation, shall be deemed responsible for a municipal civil infraction, as that term is defined and used in MCLA § 600.101, et seq.; MSA § 27A.101 et seq., as amended, and shall pay a civil fine not to exceed $250.
B. 
Costs. Upon application by the Township's prosecuting attorney, any person ordered to pay a fine under Subsection A shall be ordered by the district court judge or magistrate judge to pay costs of not less than $9 nor more than $500 for reimbursement of all expenses which the Township of Oakland has been put arising out of and in the course of the police response.
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
Should any section, clause or paragraph of this article be declared by a court of competent jurisdiction to be invalid, the same will not affect the validity of the article as a whole or part thereof other than the part declared to be invalid.
This article shall be published in full in a newspaper of general circulation in the Charter Township of Oakland qualified under state law to publish legal notices and shall become effective upon publication, as provided by law.
This article is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Oakland at a meeting thereof duly called and held on the 10th day of November 2020, and ordered to be given publication in the manner prescribed by the Charter of the Township of Oakland.