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Any person who shall knowingly have in his possession any nitroglycerine, or other explosive, thermite, engine, machine, tool (including, but not limited to, tools commonly known as slim jims and slammers), or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe, motor vehicle, motor vehicle trunk or glove compartment, or other depository, or for starting the engine of a motor vehicle or driving a motor vehicle without the regular key, or for removing sensor tags, in order to steal any money or other property, knowing the same to be adapted and designed for one or more of the purposes aforesaid, with intent to use or employ the same for one or more of the purposes aforesaid, shall be guilty of a misdemeanor. For the purposes of this section, if it is established that any person had in his possession or control a vehicle repair tool commonly referred to as a knocker set, a slammer or a puller, consisting of a shaft with a screw attached thereto and weighted sleeve that slides on such shaft, outside the curtilage of his own domicile and outside the curtilage of a garage or repair shop where he was employed, it shall be presumed that such person intended to use such vehicle repair tool for the purpose of driving away a motor vehicle. Such presumption may be rebutted by proof that such vehicle repair tool was in transit from one place to another and was essential for the possessor's employment, or that the possession was intended for a lawful purpose.
(Ord. No. 81-29, § 127, 7-21-81; Ord. No. 82-258, 11-3-82)
State Law reference— Similar provisions, MCL 750.116, MSA 28.311.
It shall be unlawful for any person within the city to willfully and maliciously destroy or injure the real or personal property of another, or the appurtenances thereof, and where the damage done shall be $200.00 or less. A complaint for violation of this section may be made by the property owner, his agent, or lessee or any person with custody and control of such premises.
(Ord. No. 81-29, §§ 113, 117, 7-21-81; Ord. No. 01-865, 11-20-01)
State Law reference— Similar provisions, MCL 750.377a, MSA 28.609(1).
(a) It shall be unlawful for any person within the city to maliciously destroy, damage, injure, mar or deface any building, monument, sign or structure or fence, tree, shrub, plant, park or public property of any kind which is owned, controlled, or managed by the state, county, city, any school district within the city, or by any other unit or agency of government whose operating budget is raised in whole or in part by public taxation, or to commit any act of vandalism on or in any such property.
(b) The city will pay a reward of $100.00 to any person who gives information which leads to the arrest and conviction of any person for a violation of this section; provided, however, that no police officer or any other employee of the city shall be eligible for a reward under the provisions of this section. Any person who claims a reward pursuant to this section shall file a claim in writing with the finance director in which he shall state the title of the court, the names of the parties and the court number of the case in which a person was convicted of a violation of this chapter and a statement of the information which he gave which led to the arrest and conviction of such person. The city controller may also require an appropriate certificate from the corporation counsel or other prosecuting attorney to the effect that the information given by the claimant led to the arrest and conviction of such person.
(Ord. No. 81-29, §§ 114, 115, 7-21-81)
(a) Prohibited behavior.
(1) No person under the age of 18 years shall possess, buy, transfer possession or receive possession of spray paint. For purposes of this section "spray paint" shall mean: any adherent, pigmented substance dispersed in particles, by means of an atomizer or other simple mechanical instrument or applicator.
a. This subsection does not apply to individuals in possession of spray paint for use at or in the course of lawful employment, an educational program, or for other lawful uses.
(2) No person shall use any paint, spray paint, pigment, marker, chalk, dye or similar means to injure, mark, deface or destroy public or private property, including the making of any drawing, inscription, pictograph or other markings, commonly referred to as "graffiti."
(b) Abatement.
(1) The owner of any property defaced shall report the existence of the graffiti to the department of public works and the police department immediately upon discovery.
(2) The owner of any property defaced through the use of spray paint or other device shall remove or paint over such graffiti as soon as possible after discovery of its existence so as to preclude further vandalism or decay of the structure or immediate surroundings. Any owner removing such markings pursuant to this section may be entitled to restitution in an amount determined by the court for the cost of removing those markings, such restitution to be paid by any person convicted under this section.
(3) Whenever the director of the building and safety department, the director of the department of public works, or their designated representatives determine that graffiti on any structure in the city is visible from the street or other public or private property, the director of the building and safety department, the director of public works, or their designated representatives may issue an abatement notice to the property owner, or initiate a prosecution against the responsible person violating this section, or both.
(4) The city official shall cause a written abatement notice to be served upon the owner(s), occupant(s), or person(s) in control of the affected premises, as such name(s) and address(es) appear on the last equalized property tax assessment roll of the County of Wayne, and shall provide the property owner, occupant or person in control ten days in which to remove the graffiti, or the property thereafter shall be subject to graffiti abatement by the city. The cost of abatement shall be placed on the miscellaneous assessment roll. Notice shall be issued pursuant to section 13-5 of the Code as follows:
a. By personal service on the owner or occupant of the property; or
b. By posting the notice in a conspicuous location upon the entrance of such premises; or
c. By posting the notice conspicuously on the property frontage, at least once every 50 feet.
The abatement notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
DEARBORN CODE OF ORDINANCES SECTION 14-101
Date: ____________ / ____________ / ____________
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti which constitutes a public nuisance on the property located at ____________ / ____________ / ____________ , Dearborn, Michigan, ____________ , which is visible to public view, within ten (10) days after the date of this notice; or if you fail to do so, you will be issued an appearance ticket and City employees or private contractors employed by the City will be authorized to enter upon your property and remove or paint over the graffiti. The costs of the abatement by the City's employees or its private contractors may be assessed upon your property and such costs will constitute a lien upon the land until paid.
(5) Upon the failure of the responsible person to comply with the notice of abatement by the designated compliance date, the director of the building and safety department, the director of the department of public works, or their designated representatives, is authorized to issue an appearance ticket and/or cause the graffiti to be abated by city forces or private contract; the city and/or its private contractor are expressly authorized to enter onto private property for the purpose of abating graffiti. All reasonable efforts to minimize damage from entry on property and abatement of graffiti shall be taken by the city and/or its private contractor, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
(c) Penalty. Any person who is convicted of violation section 14-101 shall be punished by a fine of $500.00 or by imprisonment for a term not to exceed 90 days, or by any combination of such fine and imprisonment. In addition to such punishment, the court may, in imposing sentence, order the defendant to restore the property so defaced, damaged or destroyed. If the graffiti has previously been abated by a person other than the defendant, the court may, in addition to any other punishment, order the defendant to pay restitution in an amount equal to the cost of abatement.
(Ord. No. 81-29, § 116, 7-21-81; Ord. No. 96-666, 4-2-96)
It shall be unlawful for any person to wrongfully take and carry away from any place within the city any fruit tree, ornamental tree, shade tree, ornamental shrub or any plant, vine, bush or vegetable there growing with intent to deprive the owner thereof, or without right and with wrongful intent, to detach from the ground or injure any such plant.
(Ord. No. 81-29, § 105, 7-21-81)
It shall be unlawful for any person to wilfully, maliciously or wantonly tear, deface or mutilate or write upon, or by other means injure or mar any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript, film, microfilm, phonograph record, recording or exhibit or any part thereof, belonging to any public library.
(Ord. No. 81-29, § 106, 7-21-81)
(a) Any person who shall procure, or take in any way from any public library, any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript, film, microfilm, phonograph record, recording or exhibit or any part thereof, with intent to convert the same to his own use, or with intent to defraud the owner thereof, shall be guilty of a misdemeanor.
(b) Any person who, having procured or taken from any public library any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript, film, microfilm, phonograph record, recording or exhibit, or any part thereof, shall thereafter convert the same to his own use or fraudulently deprive the owner thereof shall be guilty of a misdemeanor.
(c) The failure of any person to return library material in accordance with the rules of the library shall constitute prima facie evidence of such intent to convert or defraud, provided that the person having procured or taken library material shall not have returned same within five days after receiving notice that such library material was overdue.
(Ord. No. 81-29, § 107, 7-21-81; Ord. No. 89-448, 5-2-89)
State Law reference— Similar provisions, MCL 750.364, MSA 28.596.
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