(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999 of this code of ordinances.
(B) Any person who refuses to leave the particular location, as set out in § 150.005 of this chapter, after being ordered to do so by the police officer is responsible for a civil infraction and subject to a fine not to exceed $100, plus any court costs that may be incurred.
(Prior Code, § 25-5)
(C) (1) (a) For the first violation of § 150.007(B)(1) of this chapter, the minor is responsible for a municipal civil infraction and shall be fined not more than $100. A court may order a minor under § 150.007(B)(1) of this chapter to participate in substance use disorder services as defined in § 6230 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.6230, and designated by the Administrator of the Office of Substance Abuse Services, and may order the minor to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in § 150.007(B)(5) of this chapter. A minor may be found responsible or admit responsibility only once under § 150.007 of this chapter.
(b) If a violation of § 150.007(B)(1) of this chapter occurs after one prior judgment, the minor is guilty of a misdemeanor. A misdemeanor under § 150.007(B)(1) of this chapter is punishable by imprisonment for not more than 30 days if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, by a fine of not more than $200, or both. A court may order a minor under § 150.007(B)(1) of this chapter to participate in substance use disorder services as defined in § 6230 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.6230, and designated by the Administrator of the Office of Substance Abuse Services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in § 150.007(B)(5) of this chapter.
(c) If a violation of § 150.007(B)(1) of this chapter occurs after two or more prior judgments, the minor is guilty of a misdemeanor. A misdemeanor under § 150.007(B)(1) of this chapter is punishable by imprisonment for not more than 60 days, if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, by a fine or not more than $500, or both, as applicable. A court may order a minor under § 150.007(B)(1) of this chapter to participate in substance use disorder services, as defined in § 6230 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.6230, and designated by the Administrator of the Office of Substance Abuse Services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in § 150.007(B)(5) of this chapter.
(d) An individual who furnishes fraudulent identification to a minor or, notwithstanding § 150.007(B)(1) of this chapter, a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(2) (a) If an individual who pleads guilty to a misdemeanor violation of § 150.007(B)(2) of this chapter or offers a plea of admission in a juvenile delinquency proceeding for a misdemeanor violation of § 150.007(B)(1) of this chapter, the court, without entering a judgment of guilt in a criminal proceeding or determination in a juvenile delinquency proceeding that the juvenile has committed the offense and with the consent of the accused, may defer further proceedings and place the individual on probation. The terms and conditions of that probation include, but are not limited to, the sanctions set forth in division (C)(1)(c) above, payment of the costs including minimum state cost as provided for in § 18m of Ch. XIIA of the Probate Code of 1939, Public Act 288 of 1939, being M.C.L.A. § 712A.18m, and § 1j of Ch. IX of the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. § 769.1j, and the costs of probation as prescribed in § 3 of Ch. XI of the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. § 771.3. If a court finds that an individual violated a term or condition of probation or that the individual is utilizing this section in another court, the court may enter an adjudication of guilt, or a determination in a juvenile delinquency proceeding that the individual has committed the offense, and proceed as otherwise provided by law. If an individual fulfills the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. A discharge and dismissal under this division (C)(2)(a) is without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of disqualifications or disabilities imposed by law on conviction of a crime. An individual may obtain only one discharge and dismissal under this section. The court shall maintain a non-public record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this division (C)(2)(a). The Secretary of State shall retain a non-public record of a plea and of the discharge and dismissal under this division (C)(2). These records shall be furnished to any of the following:
1. To a court, prosecutor or police agency on request for the purpose of determining if an individual has already utilized this division (C)(2); and
2. To the Department of Corrections, a prosecutor or a law enforcement agency, on the department’s, a prosecutor’s or a law enforcement agency’s request, subject to all of the following conditions:
a. At the time of the request, the individual is an employee of the Department of Corrections, the prosecutor or the law enforcement agency or an applicant for employment with the Department of Corrections, the prosecutor or the law enforcement agency; or
b. The record is used by the Department of Corrections, the prosecutor or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
(b) A misdemeanor violation of division (C)(2)(a) above successfully deferred, discharged and dismissed under division (C)(2)(c) below is considered a prior judgment for the purposes of division (C)(1)(c) below.
(c) A court may order an individual found responsible for or convicted of violating division (C)(2)(a) above to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in § 100a of the Mental Health Code, Public Act 258 of 1974, being M.C.L.A. § 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of division (C)(2)(a) above to submit to a random or regular preliminary chemical breath analysis. The parent, guardian or custodian of a minor who is less than 18 years of age and not emancipated under Public Act 293 of 1968, being M.C.L.A. §§ 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
(d) The Secretary of State shall suspend the operator’s or chauffeur’s license of an individual convicted of a second or subsequent violation of division (C)(2)(a) above or of violating division (C)(2)(b) above as provided in § 319 of the state’s Vehicle Code, Public Act 300 of 1949, being M.C.L.A. § 257.319.
(Prior Code, § 25-7)
(3) (a) A person convicted of violating § 150.007(E) of this chapter is guilty of a misdemeanor and may be punished by one or more of the following:
1. Service to the community for a period of not more than 45 days; and/or
b. A fine not more than $250.
(b) If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or both of the following:
1. Performing service to the community for a period of not more than 60 days; and/or
2. A fine not more than $500.
(c) A person sentenced to perform service to the community under § 150.007(E) of this chapter shall not receive compensation and shall reimburse the appropriate unit of government for the cost of supervision incurred by the unit of government as a result of the person’s activities in that service.
(d) The term PRIOR CONVICTION means a conviction for a violation of M.C.L.A. § 257.625(1), (3), (4), (5) or (6), former M.C.L.A. § 257.625(1) or (2), or former M.C.L.A. § 257.625b, or a local ordinance substantially corresponding to M.C.L.A. § 257.625(1), (3) or (6), former M.C.L.A. § 257.625(1) or (2), or former M.C.L.A. § 257.625(b), or a law of another state substantially corresponding to M.C.L.A. § 257.625(1), (3), (4), (5) or (6), or former M.C.L.A. § 257.625(1) or (2) or former M.C.L.A. § 257.625b.
(e) License sanctions shall be imposed pursuant to M.C.L.A. § 257.625b.
(f) The court may order the convicted person to pay the costs of prosecution as allowed by M.C.L.A. §§ 760.1 to 776.21, as amended.
(g) Any complaint based upon the defendant having one or more prior convictions shall include a statement listing the defendant’s prior convictions.
(Prior Code, § 25-7.3)
(D) (1) A minor found responsible for a civil infraction of § 150.009 of this chapter shall be assessed a minimum fine of $25.
(2) An adult found guilty of violation of § 150.009 of this chapter shall be guilty of a misdemeanor punishable by a $500 fine and/or 90 days of imprisonment.
(Prior Code, § 25-10)
(E) (1) A parent or guardian who fails to comply with any provision of § 150.010(A) of this chapter is responsible for a municipal civil infraction punishable by a fine not to exceed $300 together with court costs or may pay $300 in fines and costs to the district court without a court hearing. Any parent or guardian who is found to have failed to comply with any provisions of § 150.010(A) of this chapter on more than one occasion is guilty of a misdemeanor punishable by a fine, not to exceed $500 and/or imprisonment not to exceed 90 days, together with court costs.
(Prior Code, § 25-10.1)
(2) A person who violates § 150.010(B)(1) of this chapter shall be liable for a municipal civil infraction, punishable by a fine of not more than $300. Any person who violates § 150.010(B)(1) under the age of 18 years of age shall be accompanied by a legal parent or legal guardian to any court hearing or pay $300 in full to the district court without a hearing.
(Prior Code, § 25-10.2)
(F) (1) Any person violating § 150.011(B) of this chapter is responsible for a municipal civil infraction punishable by a fine not to exceed $500 and for costs incurred by the city in enforcing this provision as allowed by law.
(2) Any person violating § 150.011(C) of this chapter is responsible for a municipal civil infraction punishable by a fine not to exceed $250 and/or court costs.
(Prior Code, § 25-10.3)
(G) Any person violating § 150.012 of this chapter is responsible for a municipal civil infraction punishable by a fine not to exceed $250 and/or court costs.
(Prior Code, § 25-10.4)
(H) Whoever violates the provisions of § 150.020 of this chapter within the city shall, upon conviction thereof, be punished by the same penalty provided by state law; except that, the penalty shall, in no case, exceed a fine of $500, or imprisonment for 90 days, or both.
(Prior Code, § 25-17)
(I) Any person violating § 150.022 of this chapter is guilty of a misdemeanor.
(Prior Code, § 25-19)
(J) Any violation of provisions of § 150.023 of this chapter within the city, upon conviction thereof, shall be punishable by the same penalty provided for other misdemeanors in the city.
(Prior Code, § 25-20)
(K) (1) (a) Any person who violates any provision § 150.024(B) of this chapter is responsible for a municipal civil infraction subject to a fine of $100.
(b) Any person charged with violating § 150.024(B) of this chapter under the age of 18 shall be accompanied to any district court hearing(s) on said charges by their legal parent or legal guardian or may pay $100 for a first offense, $200 for a second offense or $300 for a third offense in fines and costs (prior to the court hearing) at the district court without a hearing.
(Prior Code, § 25-21.1)
(2) A person who violates § 150.024(C) of this chapter is guilty of a misdemeanor, punishable by a fine of not more than $500 for each offense, plus court costs.
(Prior Code, § 25-22)
(3) A person who violates § 150.024(D) of this chapter is responsible for a municipal civil infraction, punishable by a fine of not more than $100 for each offense, plus court costs. Pursuant to a court order, the court may require a person who violates § 150.024(D) of this chapter to participate in health promotion and risk reduction assessment program, if available. A person who is ordered to participate in a health promotion and risk reduction assessment program under § 150.024(D) of this chapter is responsible for the costs of participating in the program. In addition, a person who violates § 150.024(D) of this chapter is subject to the following:
(a) For the first violation, the court may order the person to do one of the following:
1. Perform not more than 16 hours of community service in a hospice, nursing home or long-term care facility; or
2. Participate in a health promotion and risk reduction program, as described in this division (K)(3).
(b) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 32 hours of community service in a hospice, nursing home or long-term care facility.
(c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 48 hours of community service in a hospice, nursing home or long-term care facility.
(Prior Code, § 25-22)
(L) Any person violating any provision of § 150.025 of this chapter shall be responsible for a municipal civil infraction subject to a fine not to exceed $500, plus court costs. The police shall impound the roller blade of any individual under the age of 17 years of age which shall be released to any parent or legal guardian of the violator. In the event of a second offense by any individual under the age of 17, the roller blades will be released to any parent or guardian of the minor upon payment of a cost reimbursement of $50. If an impounded roller blade is not claimed within 90 days, it will be deemed abandoned property and may be sold by the Police Department.
(Prior Code, § 25-24)
(Ord. 632, passed 4-16-1979; Ord. 633, passed 4-16-1979; Ord. 648, passed 1-14-1980; Ord. 674, passed 12-15-1980; Ord. 785, passed 9-16-1985; Ord. 798, passed 6-2-1986; Ord. 856, passed 11-7-1988; Ord. 857, passed 11-21-1988; Ord. 879, passed 3-5-1990; Ord. 883, passed 4-3-1990; Ord. 947, passed 7-27-1992; Ord. 950, passed 7-27-1992; Ord. 956, passed 9-21-1992; Ord. 985, passed 10-24-2019; Ord. 995, passed 6-5-1995; Ord. 997, passed 7-17-1995; Ord. 1089, passed 5-8-2000; Ord. 1100, passed 11-13-2000; Ord. 1135, passed 12-10-2001; Ord. 1138, passed 3-11-2002; Ord. 1206, passed 9-20-2004; Ord. 1216, passed 1-24-2005; Ord. 1290, passed 10-22-2007; Ord. 1330, passed 7-19-2010; Ord. 1358, passed 12-12-2011; Ord. 1438, passed 12-5-2016; Ord. 1439, passed 12-5-2016; Ord. 1458, passed 12-18-2017; Ord. 1469, passed 2-25-2019; Ord. 1470, passed 2-25-2019; Ord. 1472, passed 2-25-2019; Ord. 1512, passed 6-21-2021; Ord. 1513, passed 6-21-2021; Ord. 1514, passed 6-21-2021)