The following ordinance was adopted at a regular meeting of the Township Board on July 27, 2020:
ORDINANCE NO. 817
PROHIBITION AGAINST DISTURBING
PUBLIC ORDER AND DECENCY ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, BY ADDING ARTICLE 2 TO CHAPTER 11, TO ADD REGULATIONS CONCERNING THE PROHIBITION AGAINST DISTURBING PUBLIC ORDER AND DECENCY; AND BY PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN ORDAINS:
Section 1. Chapter 11, Article 2. Article 2, Chapter 11, of the Fruitport Charter Township Code of Ordinances, titled “Prohibition Against Disturbing Public Order and Decency Ordinance,” shall read in its entirety as follows.
Sec. 11-51. Short Title.
This article shall be known and may be cited and referred to as the “Fruitport Charter Township Ordinance to Prohibit Disturbance of Public Order and Decency.
Sec. 11-52. 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.”
Sec. 11-53. 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. 11-54. Offences Against Persons.
No person shall commit any of the following.
(a) Assault or batter another person.
(b) Molest another person.
(c) Recklessly endanger the life, health, or well-being of another person.
(d) Willfully obstruct free or uninterrupted passage in any street, on any sidewalk, in a Public Place, or any other place to which the public is admitted.
Sec. 11-55. Offenses Against Government Order.
No person shall commit any offense that is prohibited by the Township’s Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibitation Ordinance.
Sec. 11-56. Breach of the Peace Offenses.
No person shall commit any of the following.
(a) Create or engage in any disturbance, fight, or quarrel in a Public Place.
(b) Create or engage in any disturbance, fight, or quarrel that causes or tends to cause a breach of the peace.
(c) Disturb the public peace by loud or boisterous conduct.
(d) Disturb without lawful authority any lawful assembly or meeting of persons.
(e) Engage in, participate in, or attempt to engage in or participate in a riot.
(f) Incite, cause, or attempt to incite or cause a riot.
(g) Utter profane, obscene, or injurious language directed at or in the presence of another person, which language causes or would tend to cause an immediate breach of the peace.
NOTE – Applicable state law references with similar provisions include: Disorderly persons, MCL 750.167; cursing and swearing, MCL 750.103; disturbance of religious meetings, MCL 752.525 et seq.; disturbance of meetings, MCL 750.169 et seq.; improper language in the presence of women/children, MCL 750.337.
Sec. 11-57. Property Offenses.
No person shall commit any of the following.
(1) Trespass upon the premises of another or unlawfully remain upon the premises of another to the annoyance or disturbance of the lawful occupants.
(2) Prowl about the premises of any other person in the nighttime without authority or the permission of the owner of such premises.
(3) Lurk, lie in wait, or be concealed in any business, yard, or other premises with intent to commit any crime or offense whatsoever.
(4) Willfully, wantonly, or recklessly damage, destroy, alter, or deface public property or the property of another person.
(5) Take or remove or attempt to take or remove another person’s property.
(6) Obtain or attempt to obtain goods or money by fraud, trick, or under false pretenses.
(7) Meddle with, tamper with, interfere with, move, damage, or disconnect any another person’s property.
(8) Destroy, damage, or in any manner alter or deface any drinking fountain or public toilet or restroom; or deposit or throw any substance in any water fountain for drinking; or in any manner pollute the water therein.
(9) Urinate, defecate, or perform any other act which creates a hazardous or deleterious condition in any Public Place or upon the property of another person. This subsection shall not apply to public restroom facilities.
(10) Affix, paste, or otherwise attach to any vehicle owned by another person any notice, poster, leaflet, broadside, or other item or device which interferes with the vision of the driver or causes or tends to cause damage to the vehicle. This subsection shall not apply to parking violation notices placed on motor vehicles by duly authorized representatives of the Township or by Law Enforcement Officers of any other governmental unit when acting in the course of their official duties.
(11) Commit the following conduct: (a) order, procure, or consume any food and/or beverage at any restaurant, bar, café, or any other type of establishment serving food and/or drink; (b) without paying for the commodity except when credit is given by express agreement; and (c) with intent to defraud the establishment out of the pay for the commodity. In all prosecutions under this subsection, prima facie evidence of intent to defraud shall include any of the following:
(i) Obtaining such food and/or beverage by false pretense;
(ii) Obtaining such food and/or beverage by false or fictitious show of any method of payment;
(iii) Refusal, neglect, or otherwise fail to pay on demand;
(iv) Payment with a credit card, debit card, check, draft, or order upon a bank or depository on which payment was refused or otherwise declined; or
(v) Absconding without paying or offering to pay.
No conviction shall be ordered under the provisions of this subsection unless complaint is made within 60 days of the time of the violation.
NOTE – Applicable state law references with similar provisions include: Trespassing generally, MCL 750.546 et seq.; malicious and willful mischief and destruction, MCL 750.377 et seq.; larceny, MCL 750.356 et seq.; false pretenses, MCL 750.218 et seq.; frauds and cheats, MCL 750.271 et seq.
Sec. 11-58. Substance Offenses.
No person shall commit any of the following.
(a) Be in a state of intoxication in a Public Place that directly endangers the safety of another person or of property.
(b) Be in a state of intoxication in a Public Place in a manner that causes a public disturbance.
(c) Intentionally smell or inhale the fumes of any substance releasing toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses; or to possess, buy, or use any such substance for the purpose of violating, aiding, or abetting another to violate this section.
(d) Be under the influence in a Public Place of any drug, any other exhilarating or stupefying substance, or any combination of substances mentioned in this section.
NOTE – Applicable state law references with similar provisions include: Use of chemical agents, MCL 752.271 et seq.
Sec. 11-59. Vice Offenses.
No person shall commit any of the following.
(a) Knowingly attend, frequent, operate, or be an occupant or inmate of any place where prostitution, illegal gambling, the illegal sale of intoxicating liquor, or where any other illegal business or occupation is permitted or conducted.
(b) Engage in prostitution, illegal gambling, the illegal sale of intoxicating liquor, or any other illegal business or occupation.
(c) Solicit or accost any person for the purpose of inducing the commission of any illegal act.
(d) Transport any person to a place where the transporter knows prostitution, illegal gambling, or other illegal activity is practiced, encouraged, or allowed for the purpose of enabling the person transported to engage in illegal gambling, prostitution, or any other illegal activity.
(e) Keep or maintain a gaming room, gaming tables, or any policy or pool tickets used for illegal gambling, or knowingly suffer or allow a gaming room, gaming tables, or any policy or pool tickets used for illegal gambling to be kept, maintained, played, or sold on any premises occupied or controlled by the person.
(f) Knowingly attend, loiter about, frequent, or remain in or upon any building, vacant lot, street, curblawn, parkway, alley, yard, automobile, boat, airplane, or other place of any description whatsoever where any illegal controlled substance or any drug paraphernalia is sold, dispensed, furnished, given away, or stored.
As used in this subsection, “controlled substance” shall be defined as provided for in the Michigan Public Health Code, Act 368 of 1978 (MCL 333.1101 et seq.).
As used in this subsection, “drug paraphernalia” shall be defined as provided for in the Township’s “Drug Paraphernalia Ordinance.”
This subsection shall not apply to persons licensed or permitted by the State of Michigan to engage in the activity otherwise prohibited by this Article, nor to any person lawfully possessing a controlled substance pursuant to a prescription written by a person authorized to write prescriptions under state or federal law. The application of the exception provided by this paragraph shall constitute an affirmative defense which must be raised by the accused.
NOTE – Applicable state law references with similar provisions include: Prostitution generally, MCL 750.448 et seq.; gambling, MCL 750.301 et seq.; lotteries, MCL 750.377 et seq.; loitering in house of prostitution, MCL 750.167(i); loitering in place of illegal business, MCL 750.167(j).
Sec. 11-60. Miscelleneous Offenses.
No person shall commit any of the following:
(1) Engage in peeping in the windows of any inhabited place.
(2) Make an indecent exposure of one’s person.
(3) Knowingly engage in or advertise any business which offers as its principal activity the providing of nude models for artists or photographers.
(4) Fire or shoot any air gun, spring gun, bow and arrow, slingshot, or other dangerous weapon or instrument in any street, alley, Public Place; or in any place in such a manner as to endanger or be likely to endanger another person or any property.
(5) Loiter in any public building or in any other building or premises owned by another person after having been requested to leave by the lawful owner or occupant or a representative of the owner or occupant.
NOTE – Applicable state law references with similar provisions include: Window peeping, MCL 750.167(c); indecent exposure, MCL 750.167(f); fortune telling, MCL 750.267 et seq.; firearms discharge, MCL 750.234.
Sec. 11-61. 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 July 27, 2020, after introduction and first reading on July 13, 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 September 17, 2020, 30 days after its publication.