The following ordinance had it’s first reading at a regular board meeting on July 13, 2020:
RESISTING, OPPOSING, OR HINDERING A LAW
ENFORCEMENT OFFICER PROHIBITION ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, BY ADDING ARTICLE __ TO CHAPTER __, TO ADD REGULATIONS CONCERNING THE PROHIBITION ON RESISTING, OPPOSING, OR HINDERING OF LAW ENFORCEMENT OFFICERS; AND BY PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN ORDAINS:
Section 1. Chapter 11, Article 1. Article 1, Chapter 11, of the Fruitport Charter Township Code of Ordinances, titled “Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition Ordinance,” shall read in its entirety as follows.
Sec. 11-31. Short Title.
This article shall be known and may be cited and referred to as the “Fruitport Charter Township Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition Ordinance.”
Sec. 11-32. Definitions.
The following words and phrases, when used in this article, shall have the following definitions.
(a) “Law Enforcement Officer” shall include any of the following: sheriff, deputy sheriff, police officer, peace officer, public safety officer, auxiliary officer, a person acting with police officer powers, or any other person authorized by law to maintain or preserve the peace.
(b) “Public Place” shall include any area accessible or available for the use and occupation of the general public, including, but not limited to: shopping malls, shopping plazas, department stores, shops, and retail establishments; restaurants, fast food businesses, bars, nightclubs, coffee shops, and other food/drink service establishments; gas stations, service centers, and convenience stores; hotels, motels, and other public lodging establishments; libraries, community centers, government buildings, parks, and other municipal/public buildings and property; hospitals, clinics, and other medical facilities; schools and other educational establishments. For purposes of clarification, real property owned by or leased by an individual for residential or private business purposes and not open to the general public shall not be considered a “Public Place.”
(c) “Identification Information” shall include, but not be limited to, a person’s full name, address, date of birth, and social security number.
Sec. 11-33. Rule of Construction.
Any word or term not defined in this article shall be considered to be defined in accordance with its common or standard definition.
Sec. 11-34. Obstruction, Hindrance, or Opposition of a Law Enforcement Officer.
No person shall knowingly or willfully engage in the following.
(a) Resist, hinder, oppose, assault, batter, wound, or otherwise physically contact any Law Enforcement Officer while such Law Enforcement Officer is serving or executing legal process, carrying out orders, enforcing the law, preserving or maintaining the peace, or performing or attempting to perform any other law enforcement duty or action.
(b) When operating a motor vehicle which has been stopped in response to a Law Enforcement Officer’s signal, command, or direction, leave or attempt to leave the scene unless and until such person has provided all available and requested Identification Information to the Law Enforcement Officer.
(c) Escape or attempt to escape while lawfully confined by or in the custody of the Township or any Law Enforcement Officer.
(d) Give false information in connection with an official investigation of any violation of this Code or of any other applicable law, or make a false or fictitious report of a violation of this Code or of any other applicable law, to any Law Enforcement Officer or other official or employee of the Township, when the Law Enforcement Officer, official, or employee is acting in the person’s official capacity.
(e) Disobey or act in a manner contrary to the notice authorized by the Township on any sign or posted public notice located in a Public Place.
(f) Fail or refuse to obey a hand, voice, emergency light, emergency siren, or other visual or audible signal of any Law Enforcement Officer that is issued or given in the performance of the Law Enforcement Officer’s official duties directing the operator of a motor vehicle to bring that motor vehicle to a stop. This subsection does not apply unless the Law Enforcement Officer issuing or giving the signal is clearly identified as a Law Enforcement Officer and the Law Enforcement Officer’s vehicle (if involved in the issuing or giving of the signal) is identified as an official Law Enforcement Officer vehicle, by official decals and/or the presence of activated emergency lights and/or siren.
NOTE – Applicable state law references with similar provisions include: Resisting, obstructing or opposing public officer, MCL 750.479; failure to obey a police officer, MCL 750.479a; escapes, rescues, jails and prison breaking, MCL 750.195; obstructing and disobeying firefighter, MCL 750.241.
Sec. 11-35. Identification to a Law Enforcement Officer.
(a) Where there is probable cause to arrest a person for the commission of a crime, or where there is reasonable suspicion to investigate a person for a possible violation of this Code or any other applicable law, or where there is a reasonable basis to stop a person to issue a citation to a person, that person shall, upon the request or demand of a Law Enforcement Officer, provide the person’s Identification Information to the Law Enforcement Officer who is exercising law enforcement powers.
(b) No person shall give false or misleading Identification Information upon the request or demand of a Law Enforcement Officer.
NOTE – Applicable state law references with similar provisions include: Resisting, obstructing or opposing public officer, MCL 750.479.
Sec. 11-36. Penalties.
Any person who violates any provision of this article shall be guilty of a misdemeanor.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on __________________, 2020, after introduction and first reading on __________________, 2020, and publication after the first reading as required by Act 359 of the Michigan Public Acts of 1947, as amended. This Ordinance shall be effective on ___________________, 2020.