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OFFENSES AND MISCELLANEOUS PROVISIONS § 54-31
ARTICLE I. IN GENERAL throat, mouth or nose. Any person who violates
any provision of this section shall be responsible
Sec. 54-1. Illegal occupation or business— for a municipal civil infraction.
Prohibited; penalty. (Code 1975, § 12-4; Code 2002, § 54-4)
No person shall engage in an illegal occupa- Sec. 54-5. False reporting of fires.
tion or business.
(Code 1975, § 12-10(a)(3), (b); Code 2002, § 54-1) Any person who falsely reports the existence
State law reference—Similar provisions, MCL of a fire by any method, including, but not
750.167(1)(d). limited to, the use of a fire alarm system,
telephone, word of mouth, radio transmission,
Sec. 54-2. Same—Loitering. electronic mail or any other method of reporting
a fire, shall be guilty of a misdemeanor.
(a) A person who knowingly and willfully (Code 1975, § 12-28; Code 2002, § 54-6)
loiters in and about a place where an illegal State law reference—False fire alarms, MCL 750.240.
occupation or business (as prohibited by ordinance
and state statute) is being conducted shall be Secs. 54-6—54-30. Reserved.
guilty of a misdemeanor.
(b) The term to knowingly and willfully loiter, ARTICLE II. OFFENSES INVOLVING
as used in this section, is hereby defined as to PROPERTY RIGHTS
linger idly, to stand or recline in one place or to
move slowly about with full knowledge of such Sec. 54-31. Theft of cable television services;
prohibited activity or occupation and with intent defrauding persons of charges;
to engage or participate in any of such prohibited damaging, tampering with or
acts or occupations. removing cable television equip-
(Code 1975, § 12-10(a)(8), (b); Code 2002, § 54-2) ment or willfully interrupting
State law reference—Similar provisions, MCL
750.167(1)(j).
services.
(a) The term cable television service means
Sec. 54-3. Collecting on streets for unlaw- any and all services provided by or through the
ful purpose. facilities of any cable television system or closed
circuit coaxial cable communication system, or
All persons who shall collect in crowds upon any microwave similar transmission service used
the streets or in the alleys for an unlawful in connection with any cable television system or
purpose shall be deemed guilty of a misdemeanor. other similar closed circuit coaxial cable com-
(Code 1975, § 18-7; Code 2002, § 54-3) munication system.
State law reference—Disorderly persons, MCL 750.167.
(b) Any person who, with the intent to avoid
Sec. 54-4. Spitting in public. payment by himself or another person or with
the intent to defraud another person of the
No person shall spit, expectorate or in any lawful charge for any cable television service,
manner deposit upon any sidewalk, or the walks obtains or attempts to obtain such service for
in any park, or on the floor, walls or furniture of himself or another person, or avoids or attempts
any public room, library, office, theatre, hall, to avoid payment by himself or another person,
opera house, school building, church, hospital, by means of making or using, or attempting to
public building, depot, passenger waiting room, make or use, unauthorized connections, whether
or in any passageway in and out of such build- physically, electrically, acoustically, inductively
ings or any of such places, or in any public or otherwise, or without authority or permission,
conveyance, any phlegm, saliva, spittle, substance, attaches or attempts to attach any device to any
sputum, excretion or discharge from the lungs, cable, wire, microwave or other component of a
Supp. No. 8 CD54:5
§ 54-31 MUSKEGON CITY CODE
cable television system duly licensed by this city (b) No person shall deface or otherwise damage
commission, or to a television set, shall be signs erected in public parks, playgrounds, ponds
responsible for a municipal civil infraction. and other public places for the regulation of the
use of such areas.
(c) Any person who sells, rents, lends, offers
or advertises for sale, rental or use, any instru- (c) Any person convicted of violating this sec-
ment, apparatus, equipment, device, or plans,
tion shall be responsible for a municipal civil
specifications or instructions for making or
infraction.
assembling such device, for the purpose of making
(Code 1975, § 12-38; Code 2002, § 54-32)
a fraudulent, unauthorized, or nonpermitted con-
State law reference—Malicious mischief, MCL 750.377a
nection to a cable television system duly licensed et seq.
by this city commission in violation of subsection
(b) of this section shall be responsible for a
municipal civil infraction. Sec. 54-33. Damaging buildings.
(d) Any person who, without the consent of Any person who shall, with sticks, stones or in
the owner, willfully tampers with, removes or any manner, willfully break or injure any window,
damages any cable, wire, microwave or other door or other part of any building, whether such
component of a cable television system duly building is occupied or not, shall be guilty of a
licensed by this city commission, or willfully misdemeanor.
interrupts the service of such a licensed cable (Code 1975, § 12-39; Code 2002, § 54-33)
television system without the consent or permis- State law reference—Malicious mischief, MCL 750.377a
sion of the owner shall be responsible for a et seq.
municipal civil infraction.
(Code 1975, § 12-27; Code 2002, § 54-31)
Sec. 54-34. Obscenities on buildings, walls,
State law references—Theft of cable services, MCL
750.219a; devices used to defraud telecommunication fences, etc.
companies, MCL 750.540c.
(a) No person shall write, print, paint, cut,
Sec. 54-32. Damaging, removing or defac- mark or design on any wall of any room, building
ing public property; generally. or hall, or on any fence, walk or other structure
of any kind, or in any public place in the city, any
(a) No person shall destroy, damage, deface or indiscreet, vile or obscene language, words,
remove any: pictures or representations.
(1) Barrier erected to protect any excavation (b) It is hereby made the duty of all police
or obstruction in any street, alley or officers, whenever they shall have knowledge of
public place, or any light placed as a
any violation of this section, to notify the owner,
warning of such excavation or obstruc-
occupant or person having control of the premises
tion;
where such language, word, picture or representa-
(2) Street sign placed to designate the name tion may be to remove such language, word,
of the street, avenue, court or place; picture or representation. It shall be unlawful
for any person so notified to fail or refuse to
(3) Streetlamp, light post, pole or any of the remove such language, word, picture or
parts or attachments thereto, or any representation within 24 hours after receipt of
telephone or telegraph pole, or any wire such notice.
or appliances thereof;
(4) Device erected by the authority of the (c) Any person who violates any provision of
city; or this section shall, upon conviction, be guilty of a
misdemeanor.
(5) Public property. (Code 1975, §§ 12-15, 12-26; Code 2002, § 54-34)
Supp. No. 8 CD54:6
OFFENSES AND MISCELLANEOUS PROVISIONS § 54-61
Sec. 54-35. Trespass. (e) Any person convicted of a violation of this
section shall be guilty of a misdemeanor punish-
(a) It shall be unlawful for any person to able by imprisonment in the county jail for not
willfully enter upon the lands or premises of more than 30 days or by a fine of not more than
another, whether publicly or privately owned, $250.00, or both.
without lawful authority, after having been forbid- (Code 1975, § 12-40; Code 2002, § 54-35; Ord. No.
den to do so by the owner or occupant, or the 2410, 5-28-2019)
agent or servant of the owner or occupant, or for State law reference—Trespass, MCL 750.546 et seq.
any person, being on the land or premises of
another, whether publicly or privately owned, Secs. 54-36—54-60. Reserved.
upon being notified to depart therefrom by the
owner or occupant, or the agent or servant of
either, to without lawful authority neglect or ARTICLE III. OFFENSES INVOLVING
refuse to depart therefrom; and all police and PUBLIC SAFETY
other peace officers are hereby authorized to
arrest any person detected by them in such Sec. 54-61. Use of weapons.
unlawful act and to detain such person in custody (a) No person shall use any revolver, pistol,
until the proper complaint can be made against rifle, shotgun, air gun, spring gun, sling shot or
such person. other implement or weapon designed for shoot-
ing, hurling or throwing missiles of any kind
(b) It shall be unlawful for any person to
within the city.
commit any trespass, as defined in subsection (a)
of this section, in or upon any land or buildings (b) No person occupying or having control of
owned, occupied or otherwise used by a school any house, building, lot, yard or premises of any
within the city, and all persons not having character within the city shall permit in or about
legitimate business in and around the schools such house, building, lot, yard or premises the
located in the city shall be presumed to be use of any of the weapons or implements
trespassing within the meaning of subsection (a) mentioned in subsection (a) of this section;
of this section; and all police and other peace provided that the use of appropriate lands, places
officers are hereby authorized to arrest such or premises for practice in the use of such
persons. weapons or implements may be permitted, but
only after written application to and authoriza-
(c) No person not a student or employee of tion of the chief of police and the payment of the
any school located in the city, or parent or license fee required for such operation, if any.
guardian of any student enrolled therein, shall Such authorization shall be given upon a show-
remain within any school during normal school ing that public safety will not be endangered and
hours without securing the written permission of that there will be compliance with all laws and
the principal or person in charge of such school. ordinances.
The term student, as used in this subsection, is
hereby defined as any person of school age and (c) Nothing in this section shall be construed
properly enrolled in the school at which he then to prevent the police department or any other
is present. governmental agency from establishing weapons
practice ranges at such place in the city as shall
(d) No person not a student, as defined in be approved from time to time by the chief of
subsection (c) of this section, or employee of any police.
school located in the city, or parent or guardian (d) Any person violating any provision of this
of any student enrolled therein, shall remain on section shall, upon conviction, be guilty of a
any lands owned, occupied or use by any school misdemeanor.
within the city and adjacent to a school, without (Code 1975, § 12-5; Code 2002, § 54-61)
securing written permission of the principal or State law reference—Authority to prohibit discharge of
person in charge of such school. firearms preserved, MCL 123.1104.
Supp. No. 8 CD54:7
§ 54-62 MUSKEGON CITY CODE
Sec. 54-62. Placing unwholesome ARTICLE IV. OFFENSES INVOLVING
substances in public fountains; PUBLIC PEACE AND ORDER
improper use of water.
Sec. 54-91. Public intoxication.
No person shall place or cause to be placed
any unclean, impure or unwholesome substance A person who is intoxicated in a public place
in the watering or drinking fountain nor shall and who is either endangering directly the safety
any person take from any such fountain any of another person or of property or is acting in a
water for building purposes or for any purpose manner that causes a public disturbance shall be
whatever, except to furnish drink to persons and guilty of a misdemeanor.
stock. Any person who violates the provisions of (Code 1975, § 12-10(a)(4), (b); Code 2002, § 54-
this section shall, upon conviction, be guilty of a 91)
State law references—Similar provisions, MCL
misdemeanor. 750.167(1)(e); local public intoxication ordinances, MCL
(Code 1975, § 12-2; Code 2002, § 54-62) 330.1286.
Sec. 54-63. Abandoned refrigerators and Sec. 54-92. Disturbing lawful assemblies.
similar containers. (a) It shall be unlawful for any person to in
any manner disturb any school, meeting or
(a) No person shall leave or suffer to remain congregation lawfully assembled, whether
outside of any building in a place accessible to religious, political or otherwise.
children any abandoned, unattended or discarded
icebox, refrigerator or container of any kind (b) Any person who violates any provision of
which has an air-tight door or lock which may this section shall, upon conviction, be guilty of a
not be released from the inside of such icebox, misdemeanor.
refrigerator or container, unless the door or lock (Code 1975, §§ 12-22, 12-26; Code 2002, § 54-92)
is first removed therefrom. State law reference—Disturbance of religious meeting,
MCL 750.169.
(b) Any person who violates any provision of
this section shall, upon conviction, be guilty of a Sec. 54-93. Window peeping.
misdemeanor. Each day such violation is commit- No person shall look through the window of
ted or permitted to continue shall constitute a another person under circumstances that would
separate offense and shall be punishable as such violate the other person's reasonable expectation
under this section. of privacy. A person who violates this section
(Code 1975, § 12-6; Code 2002, § 54-63) shall be guilty of a misdemeanor.
State law reference—Abandoned or unattended icebox
(Code 1975, § 12-10(a)(2), (b); Code 2002, § 54-
or refrigerator, MCL 750.493d.
93)
State law reference—Window peeping, MCL
Sec. 54-64. Assault and battery; breach of 750.167(1)(c).
peace.
Sec. 54-94. Jostling; roughly crowding.
A person who commits any assault or assault A person who is found jostling or roughly
and battery or other breach of the peace shall be crowding people unnecessarily in a public place
guilty of a misdemeanor. shall be guilty of a misdemeanor. The term
(Code 1975, § 12-10(a)(12), (b); Code 2002, § 54- jostling is defined as roughly pushing, shoving
64) or jabbing another person.
State law reference—Assaults, MCL 750.81 et seq.
(Code 1975, § 12-10(a)(10), (b); Code 2002, § 54-
94; Ord. No. 2272, § 54-94, 4-27-2010)
State law reference—Similar provisions, MCL
Secs. 54-65—54-90. Reserved. 750.167(1)(l).
Supp. No. 8 CD54:8
OFFENSES AND MISCELLANEOUS PROVISIONS § 54-100
Sec. 54-95. Fighting. passage of pedestrians or vehicle traffic on a
street or sidewalk, shall be guilty of a
A person who engages in quarreling or fight- misdemeanor.
ing in a public place shall be guilty of a (Code 1975, § 12-10(a)(14), (b); Code 2002, § 54-
misdemeanor. 97)
(1) The term quarreling is defined as
Sec. 54-98. Disorderly houses.
verbally disputing in a heated or angry
manner, or arguing or bickering in a (a) No person occupying or having the control
contentious manner. of any house, building, lot, yard or premises of
any character shall permit any indecent, loud,
(2) The term fighting is defined as engag-
boisterous or improper noise or disturbance in or
ing in a physical altercation or struggle;
about such house, building, lot, yard or premises,
physically opposing somebody in battle;
nor permit persons to congregate in or about
struggling in hand to hand combat; coming
such premises in a manner that results in such
to exchange blows; or otherwise scuffling
noise or disturbance, nor permit such premises
or skirmishing physically with somebody.
to be resorted to by tipplers, gamblers, vagrant
(Code 1975, § 12-10(a)(11), (b); Code 2002, § 54-
or other disorderly persons, nor permit in or
95; Ord. No. 2272, § 54-95, 4-27-2010)
about such premises any fighting, quarreling or
lewd or lascivious conduct.
Sec. 54-96. Prowling.
(b) Any person violating this section shall be
(a) No person shall willfully and knowingly guilty of a misdemeanor.
prowl or attempt to conceal himself in or about (Code 1975, § 12-11; Code 2002, § 54-98)
any house, building, yard or other place in the
city in the nighttime, without having the express Sec. 54-99. Keeping a place of prostitution.
or implied consent of the owner, lessee or other
person having responsibility for the control of (a) No person keeping, managing or control-
the premises; provided, however, that prior to ling, or who shall assist in keeping managing or
arrest for the offense stated in this subsection, a controlling, any house, building, hall, barroom,
police officer shall afford the person an opportunity theatre, dance house, room or other place within
to explain his presence and conduct or may the city shall permit such place to be resorted to,
request him to leave the area. visited, frequented or resided in by any prostitute,
nor permit such place to be resorted to, visited or
(b) The term prowl, as used in this section, frequented by any other person who shall then
means to move or wander over in a stealthy, and there behave or conduct himself in an
secret, furtive or clandestine manner. indecent, boisterous, disorderly or improper
manner.
(c) A person who violates this section shall be
guilty of a misdemeanor. (b) Any person who shall violate any provi-
(Code 1975, § 12-10(a)(13), (b); Code 2002, § 54- sion of this section shall, upon conviction, be
96) guilty of a misdemeanor.
(Code 1975, § 12-12(d), (e); Code 2002, § 54-99)
State law reference—Keeping house of ill-fame, MCL
Sec. 54-97. Loitering. 750.452.
A person who willfully and knowingly loiters Sec. 54-100. Obscene conduct.
upon the sidewalks or streets adjacent to or in
front of any public hall, church, theater, opera A person who engages in obscene conduct in a
house, hotel, restaurant, tavern or other public public place shall be guilty of a misdemeanor.
building, so as to obstruct or block the free The term obscene conduct is defined as conduct
Supp. No. 8 CD54:9
§ 54-100 MUSKEGON CITY CODE
that is offensive to modesty or decency or is ARTICLE V. OFFENSES INVOLVING
otherwise lewd or repulsive as judged by PUBLIC MORALS
contemporary community standards.
(Code 1975, § 12-10(a)(5), (b); Code 2002, § 54- DIVISION 1. GENERALLY
100; Ord. No. 2272, § 54-100, 4-27-2010)
State law reference—Similar provisions, MCL
750.167(1)(f). Sec. 54-121. Drug implements.
Sec. 54-101. Disorderly conduct. (a) For purposes of this section, the term
controlled substances are those defined as such
(a) A person commits disorderly conduct if he by Article 7 of the Public Health Code (MCL
or she disturbs the peace or quiet of a neighbor- 333.7101 et seq.). The term knowingly and
willfully loiter, as used in this section, is defined
hood, family or person by:
as to linger idly, or stand or recline in one place
(1) Engaging in fighting, violent or seriously or to move slowly about with full knowledge of
disruptive behavior; the activities and/or occupations prohibited in
this section and with intent to engage in any
(2) Making unreasonable noise; such prohibited activities or occupations, or with
intent to purchase or acquire any of such items
(3) Amplifying the sound produced by a radio illegally sold.
or other electronic sound-making device
from within a motor vehicle in such a (b) The prohibition contained in this section
manner as to be plainly audible at a shall not apply to manufacturers, wholesalers,
distance of 50 feet from the physical jobbers, licensed medical technicians, technolo-
location of such motor vehicle; gists, nurses, hospitals, research teaching institu-
tions, clinical laboratories, medical doctors,
(4) Using abusive or offensive language or osteopathic physicians, dentists, chiropodists,
gestures to any person present in a veterinarians, pharmacists and embalmers in
manner likely to provoke immediate physi- the normal legal course of their respective busi-
cal retaliation by such person; ness or profession, nor to persons suffering from
diabetes, asthma or any other medical condition
(5) Making protracted commotion, utterance requiring self injection so long as the device is
or display with the intent to prevent the not adapted to injection of illegal controlled
transaction of the business of a lawful substances. No person shall possess unless such
meeting, gathering or procession; or possession is authorized by the certificate of a
licensed medical doctor or osteopathic physician
(6) Refusing to obey a lawful order to disperse issued within the period of one year:
issued to maintain public safety in danger-
ous proximity to a fire, a hazard or any (1) Hypodermic syringe or needle or any
other emergency. other instrument or implement adapted
for the use of controlled substances by
(b) A person who violates subsection (a)(3) subcutaneous injection or intracutane-
shall be responsible for a civil infraction, a ous injection or any other manner or
person who violates any other provision in subsec- method of introduction and which is pos-
tion (a) shall be guilty of a misdemeanor. sessed for that purpose.
(Ord. No. 2272, § 54-101, 4-27-2010; Ord. No.
2411, § 1, 5-28-2019) (2) Any pipe, tube or inhalation device used
or adopted for the introduction of
controlled substances into the body of a
Secs. 54-102—54-120. Reserved. person when possessed for such purpose.
Supp. No. 8 CD54:10
OFFENSES AND MISCELLANEOUS PROVISIONS § 54-143
(c) No person shall knowingly and willfully DIVISION 2. PROSTITUTION AND
loiter about, frequent or live in any building, RELATED OFFENSES*
apartment, store, automobile, boat, boathouse,
airplane or other place of any description Sec. 54-141. Prostitution prohibited.
whatsoever, where controlled substances,
hypodermic syringes, needles or other instru- No person shall commit an act of prostitution.
ments or implements or empty gelatin capsules A person who violates this section shall be guilty
are used, sold, dispensed, furnished, given away, of a misdemeanor.
stored or kept illegally. (Code 1975, § 12-10(a)(1), (b); Code 2002, § 54-
141)
(d) Any person who violates any provision of State law reference—Common prostitutes, MCL
this section shall, upon conviction, be guilty of a 750.167(1)(b).
misdemeanor.
(Code 1975, §§ 12-20, 12-26; Code 2002, § 54-121) Sec. 54-142. Solicitation.
State law reference—Drug paraphernalia, MCL 333.7451
et seq. (a) No person shall solicit the illegal services
of a prostitute. A person who violates this subsec-
Sec. 54-122. Loitering in places where tion shall be guilty of a misdemeanor.
liquor is sold without license.
(b) It shall be unlawful for any person to
(a) It shall be unlawful for any person to accost, solicit or invite another in any public
knowingly and willfully loiter or frequent in any place, or in or from any building or vehicle, by
house, room, building or other place where word, gesture or any other means, to commit
intoxicating liquor is sold without a license to illicit sexual intercourse or to do any other lewd
sell such liquor. or immoral act. Any person who violates any
(b) The term knowingly and willfully loiter provision of this subsection shall, upon convic-
or frequent, as used in this section, is hereby tion, be guilty of a misdemeanor.
defined as to linger idly, to stand or recline in one (Code 1975, §§ 12-10(a)(1), (b), 12-13; Code 2002,
place or to move slowly about with full knowledge § 54-142)
State law reference—Soliciting acts of prostitution,
of the illegal activities and/or occupations set
MCL 750.448, 750.449a.
forth in this section and with intent to engage in
any of such prohibited activities or occupations,
Sec. 54-143. Loitering in place of prostitu-
or with intent to purchase or consume any
tion.
intoxicating liquors illegally sold.
(c) Any person who violates any provision of (a) A person who knowingly and willfully
this section shall, upon conviction, be guilty of a loiters in a house of ill fame or prostitution or
misdemeanor. place where prostitution or lewdness is practiced,
(Code 1975, §§ 12-24, 12-26; Code 2002, § 54-122) encouraged or allowed shall be guilty of a
misdemeanor.
Secs. 54-123—54-140. Reserved. (b) The term knowingly and willfully loiter,
as used in this section, is hereby defined as to
linger idly, or stand or recline in one place or to
move slowly about with full knowledge of the
activities and/or occupations prohibited in this
section and with intent to engage in any such
prohibited activities or occupations, or with intent
to purchase or acquire any of such items illegally
sold.
*State law reference—Prostitution and related offenses,
MCL 750.448 et seq.
Supp. No. 8 CD54:11
§ 54-143 MUSKEGON CITY CODE
(c) No person shall visit, frequent, reside in or over any property. The term owner also means
be found in any house of ill fame for the purpose any persons having an ownership interest in a
of prostitution or lewdness within the city. property as disclosed by the records referred to
in this division. As used in this article, the term
(d) Any person who shall violate any provi-
the owner, an owner or owner shall mean
sion of subsection (b) of this section shall, upon
any and all persons that the city is aware of who
conviction, be guilty of a misdemeanor.
have or who may have an ownership interest.
(Code 1975, §§ 12-10(a)(7), (b), (f), 12-12; Code
Whenever this division provides for notice to the
2002, § 54-143)
owner, it shall be construed to mean that notice
State law reference—Similar provisions, MCL 750.452.
shall be given to all persons having a known
ownership interest, and all tenants or occupants
Sec. 54-144. Keeping house of prostitution.
reasonably known to the city.
(a) No person shall keep, manage or control,
or assist, directly or indirectly, in keeping, manag- Property means any land, structure, house,
ing or controlling, a house of ill fame for the building, premises or any part thereof.
purpose of prostitution or lewdness within the (Code 1975, § 12-141; Code 2002, § 26-261)
city.
Sec. 54-148. Penalty.
(b) No person shall keep, manage or control,
or assist, directly or indirectly, in keeping, manag- Whoever violates any prohibition in this divi-
ing or controlling, any place, building, saloon, sion shall be subject to the following minimum
barroom, theatre, room or rooms resorted to for criminal penalties which shall be assessed in
the purpose of prostitution or lewdness within addition to any other lawful sentence that the
the city. sentencing court may impose:
(c) Any person who shall violate any provi- (1) For a first violation, a fine of not less
sion of this section shall, upon conviction, be than $175.00 nor more than $500.00.
guilty of a misdemeanor.
(2) For a second violation, a fine of not less
(Code 1975, § 12-12(a), (c), (e); Code 2002, § 54-
than $300.00 nor more than $500.00, and
144)
State law reference—Managing, leasing, etc., house of imprisonment for not more than 90 days.
prostitution, MCL 750.452 et seq.
(3)For a third or subsequent violation, a
fine of not less than $400.00 nor more
Secs. 54-145, 54-146. Reserved. than $500.00, and imprisonment for not
more than 90 days.
DIVISION 3. CONTROLLED SUBSTANCES (Code 1975, § 12-150; Code 2002, § 26-262)
AND PROSTITUTION NUISANCES*
Sec. 54-149. Findings with respect to drug
Sec. 54-147. Definitions. use and prostitution.
The following words, terms and phrases, when The city determines that whenever repeated
used in this division, shall have the meanings use, sale, furnishing, giving or possession of
ascribed to them in this section, except where controlled substances or drug paraphernalia
the context clearly indicates a different meaning: occurs on any property or whenever property is
repeatedly used for violation of the controlled
Owner means any person who possesses or
substances or drug paraphernalia laws or for
has any legal or equitable interest in a property.
purposes of prostitution a public nuisance results.
The term owner also means any persons who
Such a public nuisance results from the increased
have or exercise control, custody or dominion
criminal activity that occurs in the neighborhood
*State law reference— Public nuisances, MCL 600.3801 surrounding the property, increased pedestrian
et seq. and/or vehicular traffic in the neighborhood sur-
Supp. No. 8 CD54:12
OFFENSES AND MISCELLANEOUS PROVISIONS § 54-150
rounding the property, and the disturbance of
the peace and quiet of residents living in the
neighborhood surrounding the property.
(Code 1975, § 12-142; Code 2002, § 26-263)
Sec. 54-150. Declaration of public nuisance.
(a) Whenever the illegal use, sale, furnishing,
giving or possession of controlled substances or
drug paraphernalia repeatedly occurs on any
property or when any violation of the controlled
substances act or the drug paraphernalia laws or
any act of prostitution occurs on any property,
the city commission may declare, by resolution,
that the property is a public nuisance and order
that the nuisance be abated as provided in this
division. Such a declaration may occur only after
there has been notice given to the owner of the
property and the owner has had an opportunity
to be heard at a public hearing.
(b) Notice of the public hearing shall be given
to the owner and shall consist of personal service
or the mailing of a certified letter to that owner
as indicated by the city assessor's records, the
records of the register of deeds of the county and
the records of the inspection department. The
notice shall state the nature of the alleged
nuisance and the time, date and location of the
hearing. If the notice is served by certified mail,
it shall be delivered with a return receipt
requested according to the practices of the post
office. Receipt of the return receipt card by the
city indicating the owner or a representative of
the owner has received such notice shall be
deemed notice to the owner. It shall not be
necessary that the card be returned if the certi-
fied mail has been refused or
Supp. No. 8 CD54:12.1