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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. Any park, alley, street, sidewalk or parking lot to which the public, or any number of persons of the public has access to, or to which the public is customarily invited or admitted.
VILLAGE. The Village of Three Oaks, Berrien County, Michigan.
(Ord. 64, passed 12-2-1976)
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
(A) Public nudity. It shall be unlawful for any person to permit or engage in any public nudity.
(B) Definition. As used in this section, PUBLIC NUDITY means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual’s genitals or anus with less than a full opaque covering, or a female individual’s breast with less than a fully opaque covering of the nipple and areola. PUBLIC NUDITY shall 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 of 1984, § 2, being M.C.L.A. § 752.362; or
(3) SEXUALLY EXPLICIT VISUAL MATERIAL as defined in Public Act 33 of 1978, § 3, being M.C.L.A. § 722.673.
(C) Other remedies. The remedies and penalties provided in § 130.99 are in addition to all other rights and powers of the village to proceed at law or equity with other and additional appropriate remedies.
(Ord. 140, passed 6-13-2001) Penalty, see § 130.99
No person, after having been first requested or ordered by a law enforcement officer or any other person in charge of a public place to move or pass on, shall stand, sit, assemble, loiter or congregate in or on any park, public street, alley, parking lot, way, sidewalk or public place in such manner as to obstruct the free passage of persons who are lawfully passing along such public place or in such manner as may tend to cause or result in a public disturbance.
(Ord. 64, passed 12-2-1976) Penalty, see § 130.99
No person knowingly, without the consent of the public authority having supervision of public property or the owners of private property, shall dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public place, as herein defined, or upon private property or waters other than property designated and set aside for such purposes. The term LITTER as used herein shall mean all rubbish, refuse, waste, material, garbage, paper, glass, cans, bottles, trash, debris or other foreign substances of every kind and description.
(Ord. 64, passed 12-2-1976) Penalty, see § 130.99
(A) The operating or maintaining of noise making, noise amplifying or noise producing instruments or devices by which the peace or good order of the village is unreasonably disturbed is hereby declared a public nuisance.
(B) No person, firm, association or corporation by himself or herself or another shall use, operate, play or permit the use, operation or playing of any machine, sound production or reproduction device, radio, musical instrument, drums, compact disc player, phonograph, television set, loud speakers, sound amplifiers or any other machine or device for the producing or reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m., from Sunday evening through Friday morning, and between 12:00 a.m. and 7:00 a.m., from Friday evening through Sunday morning and on those evenings preceding legal holidays, as provided by law, in such manner as to be plainly audible, the same being louder than normal conversational tone, at a distance of 50 feet or more from its point of origin.
(C) This provision shall not apply to any participant in parades, band concerts, lawful fireworks displays, memorial salutes or any other event or activity which has been authorized by the village or is otherwise specifically authorized by law.
(Ord. 64, passed 12-2-1976; Ord. 149, passed 5-19-2004) Penalty, see § 130.99
No person shall knowingly occupy a motor vehicle in or upon any public highway, street, alley, parking lot or park in the village in which there is found open or unsealed containers of alcoholic beverages in the passenger compartment thereof.
(Ord. 64, passed 12-2-1976) Penalty, see § 130.99
(A) No person shall drink any intoxicating liquor or alcoholic beverage in or upon any park, public highway, street, alley, sidewalk or parking lot in the village.
(B) It shall be unlawful for any person to become drunk or intoxicated in any of the streets or public places within the corporate limits of the village.
(Ord. 7, passed 4-3-1947; Ord. 64, passed 12-2-1976) Penalty, see § 130.99
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