(A) Any person who shall break and enter or shall enter without breaking any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use or any private apartment therein or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the outbuildings belonging thereto or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent or person having immediate control thereof shall be guilty of a misdemeanor.
(B) This section shall not apply:
(1) To entering without breaking of any place which at the time of such entry was open to the public, unless such entry has been expressly denied;
(2) Where the breaking and entering or entering without breaking was committed by a peace officer or other person authorized by law to break and enter or otherwise enter without breaking, provided the breaking and entering or entering without breaking was committed in the lawful performance of his duties as a peace officer or other person authorized by law to break and enter or otherwise enter without breaking;
(3) Where the breaking and entering or entering without breaking was committed by someone under the direction of a person exempted from the applicability of this section as noted in subsection (B)(2) of this section.
(C) Complaint for violation of this section may be made by the owner, lessee or occupant of the structure, place or area as set out in subsection (A) of this section or the agent thereof or the Police Department. The Police Department shall enforce this section.
(1993 Code, § 34-162)
Statutory reference:
Similar provisions, see M.C.L.A. § 750.115