(EDITOR'S NOTE: See S'ectiction 202.99 For general Code penalty if no specific penalty is provided.)
(a) Minors Curfew. Whoever, being a minor under the age of seventeen years, violates any of the provisions of Section 658.02, shall, upon apprehension, be dealt with in accordance with the laws and regulations of the State of Michigan relating to juvenile offenders.
(Ord. 266. Passed 11-17-80.)
(b) Stalking.
(1) The court may place an individual convicted of violating Section 658.03 on probation for a term of not more than one year. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
A. Refrain from stalking any individual during the term of probation.
B. Refrain from having any contact with the victim of the offense.
C. Be evaluated to determine the need for psychiatrist, psychological or social counseling and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling, at his own expense.
(2) The criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or from any contempt of court arising out of the same conduct.
(Ord. 302. Passed 6-13-94.)
(3) Whoever violates Section 658.03 is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety-three days.
(Ord. 332. Passed 1-10-00.)
(c) Domestic Assault.
(1) When an individual, who has not been convicted previously of a violation of Section 81 or 81 a of the Michigan Penal Code, Act 328 of the Public Acts of 1931, as amended, being M.C.L.A. 750.81 and 750.81a, or a violation of local ordinance substantially corresponding to Section 81 of Act 328 of the Public Acts of 1931, as amended, pleads guilty to, or is found guilty of, a violation of Section 658.04, and the guilty to, or is found guilty of, a violation of Section 658.04, and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, or an individual residing or having resided in the same household as the offender, the court, without entering a judgment of guilt and with the consent of the accused and the prosecuting attorney, in consultation with the victim, may defer further proceedings and place the accused on probation, as provided in this subsection. However, before deferring proceedings under this paragraph, the court shall contact the Department of State Police and determine whether, according to the records of the Department of State Police, the accused has previously been convicted under Section 81 or 81a of Act 328 of the Public Acts of 1931, as amended, or under a local ordinance substantially corresponding to Section 81 of Act 328 of the Public Acts of 1931, as amended, or has previously availed himself or herself of this subsection. If the search of the records reveals an arrest for a violation of Section 81a or 81a of Act 328 of the Public Acts of 1931, as amended, or a local ordinance substantially corresponding to Section 81 of Act 328 of the Public Acts of 1931, as amended, but no disposition, the court, shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this subsection.
(2) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this section.
(3) An order of probation, entered under paragraph (c)(1) hereof, may require the accused to participate in a mandatory counseling program, and the court may order the accused to pay reasonable costs of the program.
(4) The court shall enter an adjudication of guilt and proceed as otherwise provided in this section if any of the following circumstances exists:
A. The accused commits an assaultive crime during the period of probation. As used in this paragraph, "assaultive crime" means one or more of the following:
1. An offense against a person described in any of the following sections of the Michigan Penal Code: 82 to 89, 316, 317, 321, 349 to 350, 397, 520a to 520g, 529 and 530 of Act 328 of the Public Acts of 1931, as amended, being M.C.L.A. 750.82 to 750.89, 750.316, 750.317, 750.321, 750.349 to 750.350, 750.397, 750.520a to 750.520g, 750.529 and 750.530.
2. A violation of Chapter XI of the Michigan Penal Code, Act 328 of the Public Acts of 1931, as amended, being M.C.L.A. 750.81 to 750.90, or a local ordinance that substantially corresponds thereto.
B. The accused violates an order of the court that he or she receive counseling regarding his or her violent behavior.
C. The accused violates an order of the court that he or she have no contact with a named individual.
(5) Upon fulfillment of the terms and conditions provided for herein, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section, or for purposes of this section, or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(6) There may be only one discharge and dismissal under this section with respect to any individual. The Department of State Police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to a court or police agency upon request pursuant to paragraph (c)(1) hereof, for the purpose of showing that a defendant in a criminal action under Section 81 or 81a of Act 328 of the Public Acts of 1931, as amended, or a local ordinance substantially corresponding to Section 81 of Act 328 of the Public Acts of 1931, as amended, has already once availed himself or herself of this section.
(7) The Police Department of the Township shall, upon arrest, forward sufficient sets of fingerprints to the 41-B District Court to ensure the proper transcription of the disposition of any complaint brought pursuant to Section 658.04 to the Department of State Police.
(Ord. 305. Passed 9-19-94.)
(8) Whoever violates Section 658.04 is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety-three days.
(Ord. 332. Passed 1-10-00.)