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(A) Title. This section shall be known and may be cited as the “Village Garage Sale Ordinance”
(1984 Code, § 4-02-01-010)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARAGE SALE SHALL. An offering for sale of tangible personal property or goods at a place of residence or in a residentially zoned area of the village and shall include items, such as YARD SALE, PORCH SALE, BASEMENT SALE, RUMMAGE SALE, ESTATE SALE, or similar terms having the same purpose and effect.
PERSONS. Includes individuals, groups, organizations, partnerships, voluntary organizations, and corporations.
(1984 Code, § 4-02-01-010)
(C) Regulations.
(1) No such sale shall be conducted for more than three consecutive days, nor more often than four times in any one-year period.
(2) No items offered for sale shall be displayed within the village street or sidewalk right-of-way or in such a manner as to obstruct the normal flow of vehicles or pedestrian traffic.
(3) All signs pertaining to garage sales must comply with § 154.03(B)(11).
(1984 Code, § 4-02-01-020)
(D) Permit required.
(1) (a) It shall be unlawful for any person, owner, tenant or lessee of a residence to conduct, advertise or promote a garage sale without first obtaining from the Village Police Department a permit to do so.
(b) The request for application for a permit shall include the following information:
1. The names and address of the persons conducting the sale and the residence where the sale will take place, if different;
2. The date the sale will commence and end and the date of any prior sale at the same residence;
3. A general description of the items to be offered for sale; and
4. An affirmation that the items to be sold are the sole property of the applicant and were not purchased for the purpose of resale.
(2) There shall be no charge for the sale permit; however, no more than one permit shall be issued for any one residence within any calendar quarter.
(3) The permit or permit number shall be displayed in a front window at the sale location.
(1984 Code, § 4-02-01-030)
(E) Exemptions.
(1) This section shall not apply to legitimate moving or estate sales conducted in accordance with the sale of a residence or a judicially sanctioned estate or probate sale.
(2) This section shall not apply to sales by persons selling three items or less of tangible personal property or goods, which they own and which is not displayed for sale.
(3) This section shall not prohibit sales authorized by other ordinances of the village.
(1984 Code, § 4-02-01-040)
(Ord. 150, passed 11-12-1985; Ord. 421, passed 10-31-2012) Penalty, see § 131.99
(A) Checks without sufficient funds. Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering, or delivering, that the maker, or drawer, has not sufficient funds in or credit with such bank or other depository, for the payment of such check, draft, or order, in full upon its presentation, or any person who with the intent to defraud, shall make, draw, utter or deliver any check, draft, or order for the payment of money to apply on account or otherwise, upon any bank or other depository and who shall not have sufficient funds for the payment for same when presentation for payment is made to the drawee, except where such lack of funds is due to garnishment, attachment, levy, or other lawful cause, and such fact was not known to the person who made, drew, uttered, or delivered the instrument at the time of so doing, shall, if the amount payable in the check does not exceed $50, shall be guilty of a misdemeanor.
(1984 Code, § 4-02-03-010)
(B) Prima facie evidence. As against the maker or drawee thereof, the making, drawing, uttering. or delivering of a check, draft, or order, payment of which is refused by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that such check, draft, or other has not been paid by the drawee.
(1984 Code, § 4-02-03-020)
(C) Prohibited acts. A person shall not transport or possess any beer, wine, or alcoholic spirits in a container which is open, uncapped, or upon which the seal is broken, within the passenger compartment of a vehicle on the streets and highways of the village. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open, uncapped, or upon which the seal is broken shall be encased or enclosed.
(1984 Code, § 4-02-03-040)
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with potable water, and other substances in solution, and includes, among other things, wine containing an alcoholic content of over 16% by volume.
BEER. Any beverage obtained by alcoholic fermentation or an infusion or decoction of bailey, malt, hops, and/or other cereal in potable water.
WINE. The product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or other fruit with the usual cellar treatment, containing not more than 16% of alcohol by volume. The term WINE shall include fermented fruit juices other than grapes.
(1984 Code, § 4-02-03-050)
(E) Exception. This section shall not apply to any chartered passenger vehicle licensed by the State Public Service Commission.
(1984 Code, § 4-02-03-060)
(Ord. 43, passed 4-16-1974; Ord. 53, passed 2-17-1976) Penalty, see § 131.99
(A) Possession. It shall be unlawful for any person within the village to knowingly or intentionally possess marijuana.
(1984 Code, § 4-02-04-010)
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.
(1984 Code, § 4-02-04-020) (Ord. 71, passed 7-25-1978; Ord. 105, passed 12-9-1980) Penalty, see § 131.99
(A) False complaints to Council. It shall be unlawful for any person, firm, or corporation to file or cause to be filed a complaint with the Village Council when such person, firm, or corporation knows said complaint or the alleged facts on which it is based are untrue.
(1984 Code, § 4-02-05-010)
(B) False statements to official. It shall be unlawful for any person to knowingly give or cause to be given under oath a false statement or statements knowing that the said statement or statements are untrue to any official of the village while the said official is in the performance of official duties.
(1984 Code, § 4-02-05-020)
(Ord. 77, passed 1-21-1979) Penalty, see § 131.99
(A) Title. this section may be known and referred to by its short title, namely, “The Village of Holly Firearms Ordinance”.
(1984 Code, § 4-02-06-010)
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREARM. Includes any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion, except any rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas, or air.
(1984 Code, § 4-02-06-020)
(C) Discharge prohibited. No person shall discharge any firearm, air rifle, air pistol, or bow and arrow in the village, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by Council. (Public Act 328 of 1931, being M.C.L.A. § 750.234)
(1984 Code, § 4-02-06-030) (Ord. 109, passed 2-10-1981) Penalty, see § 131.99
(A) Larceny prohibited. It shall be unlawful for any person to commit the offense of larceny by taking any property not his or her own and to which he or she has no claim or right, with the intent of permanently depriving the owner of lawful possession, or to receive or possess any such property knowing the same to be stolen.
(1984 Code, § 4-02-07-010)
(B) Included provisions.
(1) This section shall include instances where goods are taken from a business enterprise and are not properly paid for, including obtaining gasoline and driving away without paying for same.
(2) This section shall include a person knowingly taking possession of and riding or taking away any bicycle without the express or implied permission of the owner.
(1984 Code, § 4-02-07-020)
(Ord. 122, passed 11-24-1981) Penalty, see § 131.99
OFFENSES
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
SHALL. The term SHALL is always mandatory and not merely directory.
VILLAGE. The Village of Holly, Oakland County, Michigan.
(B) Tense; singular and plural. Words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number.
(1984 Code, § 4-02-02-020) (Ord. 13, passed 10-19-1970)
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