(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DRUG. Any drug defined as a narcotic by the statutes of the state, any barbiturate, any amphetamine, phencyclidine hydrochloride, d-lysergic acid diethylamide (LSD) or other drug possessing similar hallucinogenic properties.
OBSTRUCT. To render difficult of passage without unreasonable inconvenience or hazard.
PEACE OFFICER. Any public servant vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.
PROPERTY. Any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind.
PUBLIC PLACE. A place to which the public or a substantial group of persons has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies, and other portions of apartment houses not constituting rooms or apartments designed for actual residence.
(B) Acts prohibited. No person shall:
(1) (a) Commit an assault, or an assault and battery on any person, including his or her spouse or former spouse, an individual with whom he or she has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household. As used in this section DATING RELATIONSHIP means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or ordinary fraternization between two individuals in a business or social context. If no other punishment is prescribed by law, a person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
(b) The penalty provision of division (1)(a) above is authorized by state law, 1999 PA 55, and shall supersede the penalties provided in § 10.99.
(2) Engage in any indecent, insulting, immoral or obscene conduct in any public place.
(3) Utter vile, profane or obscene language in any public place.
(4) Make any immoral exhibition or indecent exposure of his or her person.
(5) Print, engrave, sell, offer for sale, give away, exhibit or publish, or have in his possession for any purpose, any obscene, lewd, lascivious, indecent, or immodest book, pamphlet, paper, picture, cast statuary, image, or representation or other article of an indecent or immoral nature, or any book, paper, print, circular, or writing made up principally of pictures or stories of immodest deeds, lust or crime, or exhibit any such article within the view of any passerby.
(6) Willfully destroy, remove, damage, alter, or in any manner deface any property not his own, or any public school building, or any public building, bridge, fire hydrant, alarm box, street light, street sign, traffic control device, railroad sign or signal, parking meter, or shade tree belonging to the village or located in the public places of the village, or mark or post hand bills on, or in any manner mar the walls of any public building, or fence, tree, or pole within the village, or destroy, take or meddle with any property belonging to the village, or remove the same from the building or place where it may be left, placed, or stored, without proper authority, or disturb, tamper with, disconnect, or damage any village water meter without proper authority.
(7) Destroy, injure or in any manner deface any drinking fountain located in the village, or throw or deposit any substance therein, or in any manner pollute the water in the basin of any fountain or detach the cups or other parts of such drinking fountains.
(8) Play any ball game in any public street or sidewalk or otherwise obstruct traffic on any street or sidewalk by collecting in groups thereon, for any purpose.
(9) Engage in an act of prostitution.
(10) Attend, frequent, operate or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor, or where any other illegal or immoral business or occupation is permitted or conducted.
(11) Engage in prostitution, gambling, the illegal sale of intoxicating liquor, or any other illegal or immoral business or occupation. Proof of recent reputation for engaging in prostitution, gambling, illegal sale of intoxicating liquor or other illegal or immoral occupation or business shall be prima facie evidence of being engaged or occupied therein.
(12) Solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act.
(13) Knowingly transport any person to a place where prostitution is practiced, encouraged or allowed for the purpose of enabling such person to engage in gambling or in any illegal or immoral act.
(14) Keep or maintain a gaming room, gaming tables, or any policy or pool tickets, used for gaming, or knowingly suffer a gaming room, gaming tables, or any policy or pool tickets to be kept, maintained, played or sold on any premises occupied or controlled by him.
(15) Obstruct, resist, hinder, or oppose any member of this police force, or any peace officer in the discharge of his duties as such.
(16) Unlawful possession of drug paraphernalia. A person commits the offense of “unlawful possession of drug paraphernalia” if he has or possesses a hypodermic needle, syringe, spoon, pipe, or any other instrument, implement or device adapted for the use or administration of any dangerous drug, by subcutaneous injection, intracutaneous injection or any other manner or method of introducing such drug into the body, and which is possessed for that purpose, unless such possession is authorized by the certificate of a licensed medical doctor or osteopathic physician issued within the period of one year; provided that the prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, and embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.
(17) Obstructing government operations.
(a) A person commits the offense of “obstructing government operations” if he obstructs, impairs, or hinders the performance of a governmental function or the use of government property by using or threatening to use violence, force, physical interference or obstacle or summons, or causes or be summoned, without good reason therefore, by telephone or otherwise, the police or fire department or any public or private ambulance to go to any address where the service called is not needed.
(b) For purposes of this section GOVERNMENT includes any principal subdivision or agency of the United States, State of Michigan, or any agency of local government operating within the village; GOVERNMENT FUNCTION includes any activity that a public agency or public servant is legally authorized to undertake.
(18) Harassment. A person commits the offense of “harassment” if, with intent to harass, annoy or alarm another person, he:
(a) Strikes, shoves, kicks or otherwise touches a person or subjects him to physical contact; or
(b) Follows a person in or about a public place or places; or
(c) Engages in a course of conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve no legitimate purpose.
(19) Menacing. A person commits the crime of “menacing” if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.
(20) Malicious mischief. A person commits the offense of “malicious mischief” if, having no right to do so or any reasonable ground to believe that he has such right, he intentionally damages public property or private property belonging to another person.
(21) Theft of property. A person commits the offense of “theft of property” if he takes, steals or appropriates to his own use public property or private property belonging to another person.
(22) Theft of services. A person commits the offense of “theft of services” if he intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services.
(23) Disorderly conduct; no person shall recklessly, knowingly, or intentionally:
(a) Engage in fighting;
(b) Engage in conduct that results in or is likely to result in serious bodily injury to a person or substantial damage to property;
(c) Make unreasonable noise and continue to do so after being asked to stop;
(d) Disrupt a lawful assembly of persons;
(e) Obstruct vehicular or pedestrian traffic;
(f) Participate in an assembly of two or more persons whose common objective is to commit an unlawful act. Prior concert is not necessary to form an unlawful assembly; or
(g) Enter or remain in a park after posted park hours.
(24) Loitering.
(a) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law- abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
(b) It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(c) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(Ord. 6.01, passed 9-27-71; Am. Ord. 6.02, passed 11-27-72; Am. Ord. 6.10, passed 1-12-98; Am. Ord. 6.11, passed 5-13-02; Am. Ord. 6.13, passed 9-24-07; Am. Ord. 6.17, passed 7-25-16) Penalty, see § 10.99