For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADDRESS OF RECORD. The address that appears on the check or the last known address of record with the Secretary of State at the time the check was presented for payment of goods and services.
ALCOHOLIC BEVERAGE. Any spirituous, vinous, malt, fermented liquor, beer, wine, spirits, alcoholic liquids and compounds whether or not medicated, proprietary, patented and by whatever name called, containing 0.5% or more of alcohol by volume.
CHECK. Any check, draft or order for the payment of money to apply on account or otherwise, upon any bank or other depository.
CITY BUILDING. Any building, or portion thereof, owned, leased or used by the city for the exclusive or nonexclusive purpose of conducting its business affairs.
CONTROLLED SUBSTANCE. That term as defined in Public Health Code § 7104, being M.C.L.A. § 333.7104, as amended.
CULTIVATE. That term as defined in Section 3 of the MRTMA, being M.C.L.A. § 333.27953, as amended.
DANGEROUS WEAPON. Any weapon likely to produce death or great bodily injury; or, a weapon which, in the manner in which it is used or attempted to be used, endangers life or inflicts great bodily harm.
DATING RELATIONSHIP. Frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a causal relationship or an ordinary fraternization between two individuals in a business or social context.
DISHONORED. Includes:
(1) Any check, draft or order drawn or written on any account, or otherwise, upon any bank or depository, without sufficient funds for the payment of same when presentment is made to the drawee; and
(2) Any check, draft or order drawn or written on any account which has been closed with or by the bank or other depository upon which it is drawn.
DRUG. A CONTROLLED SUBSTANCE as defined now or hereafter by the Public Acts of Michigan.
DRUG PARAPHERNALIA. That term as defined in the Public Health Code § 7451, being M.C.L.A. § 333.7451, as amended.
MARIHUANA, MARIHUANA CONCENTRATE and MARIHUANA-INFUSED PRODUCT. Those terms as defined in Section 3 of the MRTMA, being M.C.L.A. § 333.27953, as amended, except that marihuana and marihuana-infused product when used in reference to the MMMA shall mean those terms as defined in Section 3 of the MMMA, being M.C.L.A. § 333.26423, as amended.
MARIHUANA ACCESSORIES. That term as defined in Section 3 of the MRTMA, being M.C.L.A. § 333.27953, as amended.
MMMA. The Michigan Medical Marihuana Act, 2008 IL 1, being M.C.L.A. §§ 333.26421 et seq., as amended.
MRTMA. The Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, being M.C.L.A. §§ 333.27951 et seq., as amended.
MOTOR VEHICLE. A self-propelled vehicle.
NARCOTIC DRUG. That term as defined in the Public Health Code § 7107, being M.C.L.A. § 333.7107, as amended.
PERSON. Any individual, corporation, trust, partnership or any other legal entity.
PRACTITIONER. That term as defined in the Public Health Code § 7109, being M.C.L.A. § 333.7109, as amended.
PRINCIPAL. The chief administrative employee of any public, private or parochial elementary, secondary or high school.
PROWLING. Willfully lurking about, lying in wait or moving stealthily about private property as if in search of prey or plunder.
PUBLIC HEALTH CODE. The Michigan Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended.
PUBLIC NUDITY. Knowingly or intentionally displaying in a public place or displaying from a private place in such a manner as to allow the display to be seen from a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise for payment of an admission fee, any individual’s genitals or anus with less than a fully opaque covering of the nipple and the areola. PUBLIC NUDITY does not include any of the following:
(1) A woman’s breast-feeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding:
(2) “Material” as defined in Public Act 343 § 2 of 1984; or
(3) “Sexually explicit visual material” as defined in Public Act 33 § 3 of 1978.
PUBLIC PLACE. Any parking lot, street, alley, park, sidewalk, public building, any place of business open to the public or frequented by the public or any portion thereof, and any other place which is open to public view to which the public, or any portion thereof, has access.
RETAIL FRAUD. A person had done one or more of the following:
(1) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale;
(2) While a store is open to the public, steals property of the store that is offered for sale; and/or
(3) With the intent to defraud, obtain or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for or belongs to the store.
RESIDENCE or PREMISES. A motel room, hotel room, home, apartment, condominium or other dwelling unit, including the property and premises of the same, or hall, meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions and whether owned, leased, rented or used with or without compensation.
SCHOOL. Any public, private or parochial pre-elementary, elementary (grades K-6), secondary (grades 7-12), high school or combination thereof.
STALKING. A willful course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested. As used in this section:
(1) COURSE OF CONDUCT means a pattern of conduct composed of a series of two or more separate non-continuous acts, evidencing a continuity of purpose;
(2) EMOTIONAL DISTRESS means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;
(3) HARASSMENT means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable individual to suffer emotional distress, and that actually causes the victim to suffer emotional distress. HARASSMENT does not include constitutionally protected activity or conduct that serves a legitimate purpose; and
(4) UNCONSENTED CONTACT means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. UNCONTESTED CONTACT includes, but is not limited to, any of the following:
(a) Following or appearing within the sight of that individual;
(b) Approaching or confronting that individual in a public place or on private property;
(c) Appearing at the workplace or residence of that individual;
(d) Entering onto or remaining on property owned, leased or occupied by that individual;
(e) Contacting that individual by telephone;
(f) Sending mail or electronic communications to that individual; and
(g) Placing an object on, or delivering an object to, property owned, leased or occupied by that individual.
(5) VICTIM means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
TRUANCY. A person between six and 16 years of age who is out of school during regular school hours, unless the absence is due to an illness, suspension or expulsion from school, or when the person is either engaged in an organized school program or acting at the direction of a parent or legal guardian.
WEAPON. Any pistol, air pistol, rifle, air rifle, shotgun, slingshot, crossbow, bow, molotov cocktail, firebomb or bomb, knife having a blade three inches in length or longer, shurkins (throwing stars) and nunchaku, not including guns not in operating condition.
(Ord. effective 4-27-2001; Ord. effective 11-18-2016; Ord. effective 10-18-2019)
Statutory reference:
Related provisions, see M.C.L.A. §§ 333.1101 et seq.