TITLE XIII:  GENERAL OFFENSES

Chapter
130. OFFENSES AGAINST CITY REGULATIONS



CHAPTER 130: OFFENSES AGAINST CITY REGULATIONS

Section
General Provisions
130.01  Disorderly conduct
130.02  Impeding normal flow of vehicular or pedestrian traffic by loitering
130.03  Curfew for minors
130.04  Parental neglect of minors
130.05  Petty larceny
130.06  Larceny by conversion
130.07  Larceny by false personation
130.08  Larceny; rented property
130.09  Retail Fraud
130.10  Drawing on insufficient funds
130.11  Buying, receiving, possessing, or concealing, stolen, embezzled, or converted money, goods, or property
130.12  Disturbing the peace
130.13  Malicious destruction of property
130.14  Trespassing
130.15  Riding in the bed of a pickup truck

Weapons Offenses
130.25  Definition
130.26  Carrying, using and discharging of weapons
130.27  Exceptions
130.28  Issuance of permits; conditions
130.99  Penalty


GENERAL PROVISIONS
§ 130.01  DISORDERLY CONDUCT.
No person shall within the corporate limits of the City conduct themselves in the following disorderly manner:

(A)  Be drunk or intoxicated, or engaged in any indecent or obscene conduct in any public place;

(B)  Use any indecent, obscene or immoral language in a public place;

(C)  Refuse or neglect to support his family when of sufficient ability so to do;

(D)  Engage in prostitution, window peeping or any illegal occupation or business;

(E)  Keep, operate or be found loitering in a house of ill fame or prostitution, or place where prostitution or lewdness is practiced, encouraged or allowed;

(F)  Be found lurking, lying in wait or concealed with intent to do any mischief or to pilfer or to commit any crime whatsoever;

(G)  Make or excite any disturbance or contention in any bar, tavern, restaurant, store, business or professional office, manufacturing establishment, or any other place of business, or in any street, alley, public building or any other public place;

(H)  In any manner provide or furnish to any minor any beer, wine or liquor while such minor is in, on or upon any public place;

(I)  Show, exhibit for sale or sell any indecent or obscene photographs, pictures, drawings, engravings, paintings, post cards, books, or pamphlets;

(J)  Operate, present or offer for public showing any indecent, obscene or immoral exhibition or show or any kind;

(K)  Conduct or carry on any gaming, lottery or gambling in any public place or place to which the public has access or is invited, except lotteries and drawings conducted to provide gains, profits and funds to be used exclusively and entirely for the benefit of any church, school, hospital or other public charitable organization, and excepting also lotteries and drawings conducted by clubs, lodges and fraternal organizations to provide gains, profits and funds to be used exclusively and entirely for charitable purposes.
(Ord. 74, passed 1-4-54) Penalty, see § 130.99

§ 130.02  IMPEDING NORMAL FLOW OF VEHICULAR OR PEDESTRIAN TRAFFIC BY LOITERING.
(A)  For the purpose of this section, PUBLIC PLACE shall mean any street, alley, park, sidewalk, public building, any place of business or assembly open to or frequented by the public, or any portion thereof, and any other place which is open to the public view, or to which the public has lawful access.

(B)  No person, without authority, shall loiter or do any other act so as to block, obstruct, impede or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon any public street or highway, sidewalk or any other public place or any business lawfully conducted by anyone in or upon such public street, highway, public sidewalk or other public place, by means of a barricade, object or device, or with his person, all or any of which prevents the free and uninterrupted ingress, egress and regress therein, thereon or thereto. This section shall not apply to persons maintaining, rearranging or constructing public utility facilities in or adjacent to a street or sidewalk, nor shall it apply to persons peacefully picketing upon places other than a public street or highway.

(C)  No person shall conduct himself or join with one or more other persons in a public place, as defined above in division (A) of this section, if he knows or should have known that, singly or together with the others with whom he has joined, he is obstructing the free and uninterrupted passage of the public and the peaceful transaction of its business in that public place.

(D)  No person shall be issued a citation under this section unless the person fails to leave any of the above described locations after having been requested once to leave by the lawful owner or occupant or a duly authorized police officer. The enforcing officer shall record all verbal warnings in a log kept in the glove box of the patrol car.
(Ord. 203, passed 6-19-90) Penalty, see § 130.99

§ 130.03  CURFEW FOR MINORS.
(A)  It shall be unlawful for any person under the age of 17 years to loiter or remain in or upon any streets, alleys or public places in the City after the hour of 10:00 p.m., on Sunday, Monday, Tuesday, Wednesday, Thursday and Friday of each week, and after the hour of 12:00 p.m., on Saturday of each week, unless such person is accompanied by his parent, guardian or other person having legal custody and control of such minor, or unless the minor is in the pursuance of an errand directed by his parent, guardian or other person having his care or custody, or while the performance of some lawful employment of such minor makes it necessary that the minor be upon those streets, alleys or public places during the night time, after such specified hours, and except as hereinafter provided.

(B)  Students attending school functions or functions sponsored or authorized by the West Branch City Council shall be at their respective homes within 30 minutes after a program closes. Students working in the evening shall secure a card or note from employer if they are upon the streets or public places after the hours above set forth in division (A) of this section, and shall at all times have the card in their possession and exhibit the same to any officer upon request.

(C)  It shall hereafter be unlawful for any parent, guardian or other person having the legal care and custody of any minor under the age of 17 years, to allow, or permit any such child, ward or other person, under such age, while in his legal custody, to loiter or remain, unaccompanied, upon any of the streets, alleys or other public places in the City, within the time prohibited in division (A) of this section, unless there exists a reasonable necessity therefore.

(D)  Each member of the police force, including Chief of Police or Michigan State Police or other peace officer, while on duty, is hereby authorized to arrest without warrant any person within his presence violating any of the provisions of division (A) of this section and detain that person for a reasonable time until complaint can be made and warrant issued and served. No child or minor person arrested under the provisions of this section shall be placed in confinement until the parent or guardian of that child shall have been notified and the parents' wishes or the wishes of such guardian or legal custodian ascertained, and the parents, guardians or legal custodian shall refuse to be held responsible for the observance of this section by that minor person.

(E)  It shall be the duty of a court of competent jurisdiction, upon the arrest of any child or minor person, where the parents, guardian or legal custodian of such minor person refuse to become responsible for such minor for the violation of the provisions of division (A) of this section, to inquire into the facts of the arrest, the conditions and circumstances of that child or minor person, and if it shall appear that the child or minor person, for want of proper parental care, guardianship or control, is growing up in mendicancy or vagrancy, or is incorrigible, to cause the proper proceeding to be had and taken as authorized by the laws of the state in those cases.

(F)  The curfew shall be sounded in such manner as the City Council shall from time to time order.
(Ord. 55, passed 9-20-43) Penalty, see § 130.99

§ 130.04  PARENTAL NEGLECT OF MINORS.
(A)  For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)  CRIMINAL ACTS:  Those acts which violate the statutes of the state or the ordinances of the City and shall include traffic violations.

(2)  HABITUAL OFFENDER:  One who commits two or more criminal acts, or including four or more moving traffic violations, within a 12-month period.

(3)  MINOR:  Any juvenile under the age of 17 residing with the parent as defined in this division.

(4)  PARENT:  Mother, father, legal guardian and any other person having the care or custody of a minor or such other adult with whom a minor may be found residing.

(B)  It shall be unlawful for the parent of any minor to fail to exercise reasonable parental control which failure results in the minor committing any criminal act or allows or encourages any minor to commit any criminal act or become delinquent in accordance with the provisions of the probate code as it pertains to juveniles.

(C)  Notification and responsibility.

(1)  Whenever a minor shall be arrested or detained for the commission of any criminal act within the City, the parent of that minor shall be immediately notified by the Police Department advising the parent of such arrest or detention, the reason therefore and their responsibility under this section.

(2)  A record of such notification shall be kept by the Police Department.
(Ord. 104, passed 12-7-70) Penalty, see § 130.99

§ 130.05  PETTY LARCENY.
No person shall commit larceny, by stealing, of the property of another, any money, goods, chattels or other things of value, having a value of $100 or less, in the City.
(Ord. 168, passed 5-31-83) Penalty, see § 130.99

§ 130.06  LARCENY BY CONVERSION.
Any person to whom money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money, or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.07  LARCENY BY FALSE PERSONATION.
Any person who shall falsely personate or represent another and in such assumed character shall receive any money, or other property whatever, intended to be delivered to the party so personated, with intent to convert the same to his own use, shall be deemed by so doing, to have committed the crime of larceny, and shall be punished under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.08  LARCENY; RENTED PROPERTY.
Any person to whom any tangible property is delivered on a rental or lease basis under any agreement in writing providing for its return to a particular place at a particular time who refuses or wilfully neglects to return such tangible property, after the expiration of the time stated in a notice in writing proved to have been duly mailed by registered or certified mail addressed to the last known address of the person who rented or leased tangible property, and with intent to defraud the lessor, is guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.09  RETAIL FRAUD.
Any person who commits any of the following acts shall be deemed to have committed retail fraud:

(A)  Any person who, 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, or

(B)  While a store is open to the public, steals property of the store that is offered for sale, or

(C)  With the intent to defraud, obtain, or attempt 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. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.10  DRAWING ON INSUFFICIENT FUNDS.
(A)  Any person who, with intent to defraud, 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, knowing at the time of the making, drawing, uttering, or delivering, that the maker or drawer does not have sufficient funds in or credit with the bank or other depository, for the payment of the check, draft, or order, in full, upon its presentation, or

(B)  With the intent to defraud, shall 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, unless the person has sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee, except if the lack of funds is due to garnishment, attachment, levy, or other lawful cause, and that fact was not known to the person who made, drew, uttered, or delivered the check, draft, or order at the time of the making, drawing, uttering, or delivering, shall be guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

(C)  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 of 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 collection fees, as established by the West Branch City Council, within five (5) days after receiving notice that such check, draft or order has not been paid by the drawee.
(Ord. 242, passed 10-21-96)

(D)  Where such check, draft or order is protested, on the ground on 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.
(Ord. 242, passed 10-21-96)

§ 130.11  BUYING, RECEIVING, POSSESSING, OR CONCEALING, STOLEN, EMBEZZLED, OR CONVERTED MONEY, GOODS, OR PROPERTY.
A person who buys, receives, possesses, conceals or aids in the concealment of stolen, embezzled or converted money, goods, or property knowing the money, goods, or property to be stolen, embezzled or converted, if the property purchased, possessed or concealed is of a value of $100 or less, the person is guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.12  DISTURBING THE PEACE.
Any person who shall make or excite any disturbance or contention in any tavern, store, or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.13  MALICIOUS DESTRUCTION OF PROPERTY.
Any person who shall willfully and maliciously destroy or injure the personal property of another, by any means shall be guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.14  TRESPASSING.
Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or 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, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of an offense punishable under § 130.99.
(Ord. 215, passed 2-17-92) Penalty, see § 130.99

§ 130.15  RIDING IN THE BED OF A PICKUP TRUCK.
(A)  Except as provided in this section, a person shall not ride, and an owner or operator shall not permit a person to ride, in the bed of a pickup truck on a highway, street or other place open to the general public in the City of West Branch, unless the person is properly seated on a seat and is wearing a properly adjusted and fastened safety belt, both of which are of a type and installed in a manner meeting the requirements of 49 CFR 571.207, 571.208 and 571.210.

(B)  Subsection A does not apply to a passenger or operator of any of the following:

(1)  A motor vehicle operated as part of a parade pursuant to a permit issued by the City of West Branch or State of Michigan

(2)  A military vehicle

(3)  An authorized emergency vehicle

(4)  A motor vehicle controlled or operated by an employer or an employee of a farm operation, construction business or public infrastructure maintenance enterprise during the course of work activities provided that:

(a)  four-way flashers are activated while vehicle is moving with passengers in the bed, and

(b)  passengers are seated in the floor of the bed of the pickup truck, or on wheel well, sides or tailgate

(C)  An owner or operator of a motor vehicle who permits a person to ride in the bed of a pickup and/or the person riding as a passenger in the bed of the pickup in violation of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine not to exceed $500 plus reimbursement for costs of prosecution.
(Ord. 250, passed 11-17-97; Am. Ord. 01-04, passed 6-18-01)


WEAPONS OFFENSES
§ 130.25  DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

FIREARM:  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 which weapon or device shall be capable by the discharge of any such propelled missile, projectile, bullet, shot, pellet or other mass, of inflicting personal injury or death upon any person, or damage to another's property.
(Ord. 180, passed 1-6-86)

§ 130.26  CARRYING, USING AND DISCHARGING OF WEAPONS.
(A)  No person shall carry any firearm upon his person in any public street, alley or other place open to the public in the City unless:

(1)  The person has been issued a valid license to do so as provided by Act 372 of Michigan Public Acts of 1927, as amended (M.C.L.A. §§ 28.91 et seq.); or

(2)  All ammunition has been removed from the chamber cylinder, clip or magazine of the firearm and the firearm has been noticeably rendered inoperable by being broken down or disassembled or is completely enclosed within a case or other similar container.

(B)  No person shall discharge any firearm in the City, and no person shall draw, handle or flourish any firearm in any public street, alley or other place open to the public in the City.
(Ord. 180, passed 1-6-86) Penalty, see § 130.99

§ 130.27  EXCEPTIONS.
The prohibitions in this subchapter shall not apply to the following situations:

(A)  To persons acting in the lawful defense of person, property or family.

(B)  To police officers or other officers of the law in the lawful discharge of their duty.

(C)  When a firearm is being shown or otherwise handled in the regular course of merchandising or is being carried from the building immediately after purchase of that firearm within the building, or the firearm is carried into the building for repair of that firearm.

(D)  To authorized military parades by permission of the City Council.

(E)  To indoor enclosed firearm ranges so constructed as to prevent damages to property or injury or death to any person where such firearm ranges are otherwise lawful. However, the discharge of a bow and arrow is permitted upon unenclosed ranges, where such ranges are constructed so as to prevent damage to property or injury or death to any person.

(F)  To persons who have obtained a permit from the city police for the control of pests, (birds or animals) that are causing property damage or creating a health hazard or a general nuisance. However, when any wild birds or animals are classified as protected game birds or animals by the Department of Natural Resources of Michigan, permission to destroy them shall first have been obtained from that Department and after the protected wild bird or animal has been killed, it shall be disposed of as directed by the Department.
(Ord. 180, passed 1-6-86)

§ 130.28  ISSUANCE OF PERMITS; CONDITIONS.
No person shall be issued a permit unless he shall be 18 years of age, and comply with the following:

(A)  On the permit request, the following information shall be supplied:

(1)  Name, address and age.

(2)  Affiliations, if any.

(3)  Type of pest to be controlled.

(4)  Method of control.

(5)  Period of time required for pest control.

(B)  All requests for permits shall be reviewed and signed by the Chief of Police, only after he is satisfied that the procedure to be used to eliminate the pests is safe from damage or injury to any person or persons residing in the City.
(Ord. 180, passed 1-6-86)

§ 130.99  PENALTY.
(A)  A violation of §130.02 and §130.03 is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

(B)  Any person who shall, within the corporate limits of the City, commit any of the acts listed in §130.01, §§130.04 through 130.14, and §§130.26 through 130.28 shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine not to exceed $500 plus reimbursement for costs of prosecution.
(Ord. 55, passed 9-20-43; Am. Ord. 203, passed 6-19-90; Am. Ord. 01-04, passed 6-18-01)