Demo 4

Code of Ordinance

Any person convicted of being a disorderly person shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished in accordance with section 1-11. (Comp. Ords. 1987, §§ 20.122, 20.152)

Any person who shall do any of the following acts in the village shall be guilty of disorderly conduct:

1. (1) Refusing or neglecting his family when he has sufficient ability.
2. (2) Engaging in prostitution.
3. (3) Engaging in an illegal occupation or business.
4. (4) Being intoxicated in a public place while either endangering directly the safety of another person or property or acting in a manner that causes a public disturbance.
5. (5) Vagrancy.
6. (6) Loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged or allowed.
7. (7) Knowingly loitering in or about a place where an illegal occupation or business is being conducted.
8. (8) Loitering in or about a police station, police headquarters building, county jail, hospital, court or other public building or place for the purpose of soliciting employment or legal services or the services of sureties upon criminal recognizances. State Law reference— Similar provisions, MCL 750.167.
9. (9) Inciting, encouraging, participating in any manner in or being connected with any row, riot, unlawful assemblage or disorder, or making or assisting in making any noise or disturbance which shall tend to destroy peace and good order. State Law reference— Incitement to riot, MCL 752.542; committing riot, MCL 752.541; unlawful assembly, MCL 752.543.
10. (10) Disturbing or being instrumental in disturbing any school, meeting or congregation lawfully assembled, whether religious, political or otherwise. State Law reference— Disturbing public places, MCL 750.170; disturbing religious worship, MCL 752.525, 750.169.
11. (11) Jostling or roughly crowding or pushing any person unnecessarily in any street, alley or other public place. State Law reference— Similar provisions, MCL 750.167(1)(l).
12. (12) Engaging in any fray, or committing any assault or assault and battery upon another or committing any act whatsoever amounting to a breach of the peace. State Law reference— Assaults, MCL 750.81 et seq.
13. (13) Being under the influence of intoxicating liquor or narcotic drugs upon any public street or in any public place. State Law reference— Similar provisions, MCL 750.167(1)(e).
14. (14) Making any immoral or obscene exhibition or exposure of person. State Law reference— Person engaged in indecent or obscene conduct deemed a disorderly person, MCL 750.167(1)(f); indecent exposure, MCL 750.335a.
15. (15) Engaging in any indecent, insulting, immoral or obscene conduct in any public street, alley or public place. State Law reference— Person engaged in indecent or obscene conduct deemed a disorderly person, MCL 750.167(1)(f).
16. (16) Uttering any profanity or indecent or improper language in any street, alley or other public place. State Law reference— Indecent language, MCL 750.103, 750.337.
17. (17) Publishing, selling, offering for sale, giving away, exhibiting or possessing for such purpose any obscene, indecent, immoral book, pamphlet, paper, picture, statuary, image or representation. State Law reference— Obscene material, MCL 752.361 et seq.
18. (18) Conducting, managing or being connected with any indecent or obscene show or exhibition of any kind. State Law reference— Obscene material, MCL 752.361 et seq.
19. (19) Engaging in any window peeking. State Law reference— Similar provisions, MCL 750.167(1)(c).
20. (20) Spitting on any street or sidewalk or on the floor or wall of any place of public assemblage.
21. (21) Discharging any firearm or airgun. State Law reference— Firearms, MCL 28.421 et seq.; firearms and weapons, MCL 750.222 et seq.
22. (22) Exploding any fireworks or firecrackers except with written permission of the village council. State Law reference— Fireworks, MCL 750.243a et seq.
23. (23) Maliciously or willfully destroying, defacing, damaging or injuring any public property or any private property owned by another. State Law reference— Malicious mischief, MCL 750.377 et seq.
24. (24) Reserved.
25. (25) Insulting, accosting, molesting or otherwise annoying either by word of mouth, or by sign or motion, any person in any street, alley or other public place.
26. (26) Misrepresenting or falsifying one's age, or the age of another, for the purpose of obtaining beer, wine, liquor or other intoxicating beverage for any minor under the age of 21 years. State Law reference— Use of false identification to purchase or consume alcoholic liquor, MCL 436.1703.
27. (27) Obstructing, resisting, injuring, or failing or refusing to comply with any lawful order or direction of a police officer. State Law reference— Obstruction of a police officer, MCL 750.479.
28. (28) Engaging in throwing balls, frisbees or other objects in any manner that interferes with pedestrian or vehicular traffic, or loud playing of car radios and tape decks in such a manner which shall tend to destroy peace and good order. (Comp. Ords. 1987, §§ 20.121, 20.151; Motion of 11-19-2013)

Disorderly conduct, as defined in section 42-52, is hereby prohibited in the village. (Comp. Ords. 1987, § 20.151) Secs. 42-54—42-70. - Reserved. [1]

Footnotes:

--- (1) --- State Law reference— Certain loiterers deemed disorderly persons, MCL 750.167.

1. (a) It shall be unlawful for any person to loiter on any street, sidewalk, overpass or public place. For the purpose of this section, loitering is defined as the act of standing or idling in or about any street, sidewalk, overpass or public place within the village so as to hinder or impede or tend to hinder or impede the passage of pedestrians or vehicles.
2. (b) Any person violating the provisions of this section shall, upon conviction, be punished in accordance with section 1-11. (Comp. Ords. 1987, §§ 20.721, 20.722)

1. (a) It shall be unlawful for any person, either individually or in pairs or in groups, to go upon and loiter upon or remain upon any public parking lot during close of business hours for any purpose other than parking and leaving an automobile, or, during close of business hours, to go upon and loiter and remain upon vacant portions, including driveways and parking areas, of any privately owned business or industrial establishment, without the consent of the owners, and for any purpose not connected with attending to business in the establishment on such premises.
2. (b) A person convicted of being in violation of this section shall be punished in accordance with section 1- 11. (Comp. Ords. 1987, §§ 20.731, 20.732)

1. (a) Applicability. This section shall apply to all premises in the village on which are located business, commercial or industrial establishments.
2. (b) Loitering on vacant portions. It shall be a trespass and unlawful for any person, during the close of business hours, to go upon and loiter and remain upon vacant portions, including driveways and parking areas, of any privately owned business, commercial or industrial establishment within the village for any purpose not connected with attending to business in the establishment on such premises.
3. (c) Standing or sitting on or against buildings. It shall be a trespass and unlawful for any person, during close of business hours, to loiter and remain upon or against any business, commercial or industrial building within the village, including standing or sitting in doorways or other projecting parts of buildings, or leaning against windows or doors of buildings, for any purpose not connected with attending to business within such building.
4. (d) "Vacant portions" defined. For purposes of this section, vacant portions shall include doorways, entranceways and indented or bay areas of any storefront.
5. (e) Posting of business hours. Any owner may post a notice in or on a business, commercial or industrial building visible from outside of the building stating the business hours of the establishment and that such notice is posted pursuant to this section. Any acts prohibited by this section committed not within the posted business hours shall be a violation of this section.
6. (f) Penalty. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-11. (Comp. Ords. 1987, §§ 20.741—20.745, 20.748) Secs. 42-74—42-100. - Reserved.

Any person who shall commit the offense of larceny in the village by stealing the property of another, or any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate, or any book of accounts for or concerning money or goods containing a conveyance of land, or any other valuable contract in force, or any receipt, release or defeasance, or any writ, process or public record, if the property stolen shall be in the value of $100.00 or less, shall be punished in accordance with section 1-11. (Comp. Ords. 1987, § 20.381) Secs. 42-102—42-130. - Reserved. Secs. 42-131—42-150. - Reserved. [2]

Footnotes:

--- (2) --- State Law reference— Firearms and weapons, MCL 750.227 et seq., MSA 28.419 et seq.; firearms, MCL 28.421 et seq., MSA 28.91 et seq. State Law reference— Hunting area control, MCL 324.41902 et seq., MSA 13A.41902 et seq.

(a) Any violation of this division shall be a misdemeanor, punishable, on conviction, in accordance with

No person, except a police officer or other peace officer or military personnel in the discharge of their duty, shall fire or discharge a firearm, air rifle, BB gun or other dangerous weapon within the limits of the village without first obtaining a permit from the village council. (Comp. Ords. 1987, § 20.361)

All guns, pistols or other dangerous weapons carried or used contrary to section 42-152 are hereby declared forfeited to the village and can be redeemed only at the discretion of the village council, after all court fines and costs have been paid. (Comp. Ords. 1987, § 20.362) Secs. 42-154—42-170. - Reserved.

A person convicted of being in violation of this division shall be punished by a fine of not to exceed $5,000.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment, at the discretion of the court. (Comp. Ords. 1987, § 20.342)

In the interest of public safety and general welfare, it shall be unlawful for any person with firearms or a bow and arrow to hunt for any animal within the village. (Comp. Ords. 1987, § 20.341) Secs. 42-173—42-200. - Reserved. [3]

Footnotes:

--- (3) --- Cross reference— Selling or furnishing alcoholic beverages to underage persons, § 6-33. Secs. 42-201—42-220. - Reserved.

No minor under the age of 17 years shall loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent or guardian or some adult over the age of 20 years delegated by the parent or guardian to accompany the child. (Ord. No. 143, 9-19-2006) State Law reference— Similar provisions, MCL 722.751 et seq., MSA 28.324(1) et seq.

The chief of police and/or any other law enforcement official may take into his custody any minor found by him violating the provisions of this division and detain such minor until proper complaint can be made to the probate court for the county; provided, however, that no minor taken into custody under the provisions of this division shall be placed in any jail or locked up or shall be placed in any detention home without the order of the judge of the probate court. (Comp. Ords. 1987, § 20.082)

Any parent, guardian or other person who assists, aids, allows, permits or encourages any minor under the age of 17 years to violate the provisions of section 42-221 shall, upon conviction thereof, be punished in accordance with section 1-11. (Ord. No. 143, 9-19-2006) Secs. 42-224—42-250. - Reserved. [4]

Footnotes:

--- (4) --- State Law reference— Authority to regulate and prohibit public nudity, MCL 67.1(aa), MSA 5.1285, (aa).

1. (a) Definitions. For purposes of this section, the following definitions shall apply: Public nudity means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person, including but not limited to payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or the female breast with less than a fully opaque covering of the nipple and areola. Public place means any premises within the village used or controlled in whole or in part for the purpose of displaying an individual's genitals, anus or female breast for payment or promise of payment, and which is open to the general public as a business, club or association.
2. (b) Prohibited acts.
   1. (1) No person shall knowingly or intentionally cause, promote, invite, employ or encourage any person to knowingly or intentionally display in a public place, for payment or promise of payment, his or her genitals or anus with less than a fully opaque covering, or her female breast with less than a fully opaque covering of the nipple and areola.
   2. (2) No person shall knowingly or intentionally display his or her genitals or anus in a public place, for payment or promise of payment, with less than a fully opaque covering.
   3. (3) No female shall knowingly or intentionally display her breast in a public place, for payment or promise of payment, with less than a fully opaque covering of the nipple and areola. A woman's breast-feeding of a baby does not under any circumstances constitute public nudity within the meaning of this section, and a woman's breastfeeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding, is under no circumstances prohibited by this section.
3. (c) Penalty. A person convicted of being in violation of this section shall be punished in accordance with

The Village of Mayville acknowledges that various organizations within the village desire to provide limited outdoor entertainment opportunities to the general public. Outdoor entertainment opportunities should be allowed, provided that reasonable restrictions on such activities are complied with. (Ord. No. 167, § 1, 6-21-2011)

It shall be unlawful for a licensee within the meaning of the Michigan Liquor Control Act, as amended, including private clubs, to allow or permit dancing and entertainment in outdoor areas unless the licensee has obtained a special outdoor dance and entertainment permit from the Village of Mayville. (Ord. No. 167, § 2, 6-21-2011)

A licensee within the meaning of the Michigan Liquor Control Act, as amended, including private clubs, which currently possesses a valid liquor license and dance and entertainment permit, shall apply for and obtain a permit from the village when outdoor entertainment, including music and/or dancing is likely to occur. A dance and entertainment event shall be limited to take place between the hours of 9:00 a.m. and 11:00 p.m. on days as determined by the village council. A maximum of six such permits may be issued to a licensee in any one calendar year. Applications for the permit shall be made in writing a minimum of 150 days prior to the planned outdoor event. If requested by the village council, the applicant shall appear before the Village of Mayville Council prior to issuance of the permit. (Ord. No. 167, § 3, 6-21-2011)

The village shall establish by resolution of the village council a permit fee which shall be paid at the time that application for outdoor entertainment is made. The application fee shall be subject to modifications by resolution of the village council. (Ord. No. 167, § 4, 6-21-2011)

Any person or entity which violates any of the provisions of the Village of Mayville Dance and Entertainment Ordinance is responsible for a municipal civil infraction as defined by Michigan law and shall be subject to civil fine as determined in accordance with the Village of Mayville Civil Infraction Ordinance,

Additionally, the violator shall pay costs, which may include all direct or indirect expenses to which the village has incurred in connection with the violation. A violator of this article shall also be subject to such additional sanctions, remedies, and judicial orders as arc authorized under Michigan law. Each day that a violation of the article continues to exist constitutes a separate violation. (Ord. No. 167, § 5, 6-21-2011) [1]

Footnotes:

--- (1) --- Cross reference— Streets, sidewalks and other public places, ch. 62. State Law reference— Authority to license and regulate hawkers and peddlers, MCL 67.1(h), MSA 5.1285, (h); transient merchants, MCL 445.371 et seq., MSA 19.691 et seq.; home solicitation sales, MCL 445.111 et seq., MSA 19.416(201) et seq.; charitable organizations and solicitations act, MCL 400.271 et seq., MSA 3.240(1) et seq.; public safety solicitation act, MCL 14.301 et seq., MSA 3.240(31) et seq.; veteran's license for peddlers, MCL 35.441 et seq., MSA 4.1241 et seq.

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