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CHAPTER 656
Offenses Relating to Persons
656.01   Obstructing pedestrian and vehicular rights-of-way.
656.02   Loitering.
656.03   Vagrancy. (Repealed)
656.04   Begging.
656.05   Threatening and harassing telecommunications.
656.06   Corporal injury. (Repealed)
656.07   Unauthorized touching, force or violence. (Repealed)
656.08   Assault; assault and battery.
656.09   Battery. (Repealed)
656.10   Minor's curfew.
 
656.99   Penalty.
   CROSS REFERENCES
   False alarms - see GEN. OFF. 604.01
   Disorderly conduct - see GEN. OFF. 666.02
   Public intoxication - see GEN. OFF. 666.03
   Assaults and fights - see GEN. OFF. 666.04
   Sex offenses - see GEN. OFF. Ch. 680
   Loitering at drive-in restaurants - see B.R. & T. 816.07
656.01 OBSTRUCTING PEDESTRIAN AND VEHICULAR RIGHTS-OF-WAY.
   No person shall stand or loiter, either individually or with others, in a manner resulting in the obstruction of free travel of either pedestrians or vehicles, in any public right-of-way or in any private right-of-way commonly used by the public by permission of the owner or his or her legal tenant.
(Ord. 26. Passed 6-20-67.)
656.02 LOITERING.
   (a)   No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
   (b)   The following circumstances shall be considered in determining whether such alarm is warranted:
      (1)   The flight of a person upon the appearance of a police officer;
      (2)   Attempted concealment by a person upon the appearance of a police officer; or
      (3)   The systematic checking by a person or doors, windows or other means of access to buildings, houses or vehicles.
   (c)   Unless flight by the actor or other circumstances make it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding criteria and request for information, or if it appears at trial that the explanation given by the actor was true, and if believed by the police officer at the time, would have dispelled the alarm.
   (d)   For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
      (1)   "Loitering" includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
      (2)   "Private place" means and includes places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
      (3)   "Public place" means and includes public streets and alleyways, public restrooms, public sidewalks, public parks and public buildings.
      (4)   "Surrounding area" means that area easily and immediately accessible to the person under observation.
(Ord. 1993-24. Passed 12-21-93.)
656.03 VAGRANCY. (REPEALED)
   (EDITOR'S NOTE: Section 656.03 was repealed by Ordinance 1990-03, passed January 2, 1990.)
656.04 BEGGING.
   No person shall beg or ask for gratuities for other than legally organized and recognized charitable or public agencies.
(Ord. 26. Passed 6-20-67.)
656.05 THREATENING AND HARASSING TELECOMMUNICATIONS.
   (a)   Any person who maliciously uses any service provided by a telecommunications service provider with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any other person, or to disturb the peace and quiet of any other person by any of the following is guilty of a misdemeanor:
      (1)   Threatening physical harm or damage to any person or property in the course of a telephone conversation or message through the use of a telecommunications service or device.
      (2)   Falsely and deliberately reporting by telephone or telegraph message that any person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime or of an accident.
      (3)   Deliberately refusing or failing to disengage a connection between a telephone and another telephone or between a telephone and other equipment provided for the transmission of messages by telephone, thereby interfering with any communications service.
      (4)   Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a conversation or message through the use of a telecommunications service or device.
      (5)   Deliberately engaging or causing to engage the use of a telecommunications service or device of another person in a repetitive manner which causes interruption in telecommunications service or prevents the person from utilizing their telecommunications service or device.
   (b)   For the purposes of this section, "Telecommunications access device" means any of the following:
      (1)   Any instrument, device, card, plate, code, telephone number, account number, personal identification number, electronic serial number, mobile identification number, counterfeit number, or financial transaction device as defined in M.C.L. § 750.157m that alone or with another device can acquire, transmit, intercept, provide, receive, use, or otherwise facilitate the use, acquisition, interception, provision, reception, and transmission of any telecommunications service.
      (2)   Any type of instrument, device, machine, equipment, technology, or software that facilitates telecommunications or which is capable of transmitting, acquiring, intercepting, decrypting, or receiving any telephonic, electronic, data, internet access, audio, video, microwave, or radio transmissions, signals, telecommunications, or services, including the receipt, acquisition, interception, transmission, retransmission, or decryption of all telecommunications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, internet based or wireless distribution network, system, or facility, or any part, accessory, or component, including any computer circuit, security module, smart card, software, computer chip, pager, cellular telephone, personal communications device, transponder, receiver, modem, electronic mechanism or other component, accessory, or part of any other device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any telecommunications, transmissions, signals, or services.
(Ord. 1986-03. Passed 4-1-86; Ord. 2005-27. Passed 7-19-05.)
656.06 CORPORAL INJURY. (REPEALED)
   (EDITOR’S NOTE: Section 656.06 was repealed by Ordinance 2015-01, passed January 6, 2015.)
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