OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS

42.01 WEAPONS

42.02 BONFIRES

42.03 HITCHHIKING

42.04 EXPECTORATING

42.05 INJURING PUBLIC OR PRIVATE PROPERTY

42.06 TAMPERING WITH PUBLIC PROPERTY

42.07 OFFENSES AGAINST MORALS

42.08 GAMBLING

42.09 PROSTITUTION

42.10 CONSUMPTION OF LIQUOR IN PUBLIC PLACES

42.10.10 PURCHASE, CONSUMPTION OR POSSESSION OF ALCOHOLIC LIQUOR BY MINORS

42.11 CURFEW AND PARENTAL RESPONSIBILITY

42.12 GAMES IN STREETS

42.13 MARIJUANA AND DANGEROUS DRUGS

42.14 TOXIC CHEMICALS

42.15 DISTURBANCES AT SCHOOLS

42.16 OFFENSES AGAINST PUBLIC PEACE

42.17 OFFENSES AGAINST PUBLIC SAFETY

42.18 DEPOSITING OF SNOW, ICE OR SLUSH

42.19 LARCENY

42.20 NOISE CONTROL

42.21 REGULATING THE USE OF ALCOHOLIC BEVERAGES AND DRUGS AT OPEN HOUSE PARTIES

42.22 RETAIL FRAUD

42.23 PROHIBITING THE USE OF A TOBACCO PRODUCT ON SCHOOL PROPERTY

42.01 WEAPONS.

(a) Carrying Concealed Weapons. No person shall wear under his clothes or conceal about his person, or display in a threatening manner, any dangerous or deadly weapon including, but not by way of limitations, any pistol, revolver, slingshot, cross-knuckles, or knuckles of lead, brass, or other metal, or any bowie knife, or any knife with a switch-blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance.

(b) Possession of Dangerous or Deadly Weapons. No person shall have in his possession, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, "B-B gun," gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a "pea-shooter," slingshot, or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.

The prohibition of this subsection (b) above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided, that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery or to or from an area where hunting is allowed by law.

The prohibition of this subsection (b) shall not be construed to forbid United States marshals, sheriffs, constables, and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.

(c) Forfeiture of Weapons. Every person convicted of a violation of this subsection shall forfeit to the Village such dangerous or deadly weapon so concealed or displayed.

(d) Disposition of Confiscated Weapons. Every public safety officer, upon making any arrest and taking a weapon used in violation of this section, shall deliver the same to the court hearing the action to be held by it until the final determination of the prosecution for said offense; and upon the finding of guilt, it shall then be the duty of the judge of the court to deliver said weapon forthwith to the Department of Public Safety who shall make disposition of the weapon.

42.02 BONFIRES. No person shall make or assist in making any bonfire in or upon any public street or place within the Village without the permission of the Department of Public Safety.

42.03 HITCHHIKING. No person shall hitchhike, "thumb rides" or go upon the public streets and highways for the purpose of soliciting free transportation.

42.04 EXPECTORATING. No person in the Village shall expectorate upon any sidewalk, street, floor in public buildings or upon any other public place.

42.05 INJURING PUBLIC OR PRIVATE PROPERTY.

(a) Injury or Removal. No person shall willfully, maliciously, wantonly, negligently or otherwise injure, deface, destroy or remove real property or improvements thereto, or movable or personal property belonging to the Village or to any person in the Village.

(b) Scattering Rubbish. No person shall throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway, or upon any private property, any waste or other material of any kind.

(c) Posting Notices. No person shall fasten in any way any showcard, poster, or other advertising device upon public or private property in the Village unless legally authorized to do so.

42.06 TAMPERING WITH PUBLIC PROPERTY.

(a) Tampering. No person shall tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fireplug, topographical survey monument or any other personal property erected or placed by the Village.

(b) Obstructing Passageways. No person shall place or erect upon public way or passageway to any building an obstruction of any type, provided that this subsection shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public.

(c) Removal of Earth. No person shall move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground.

42.07 OFFENSES AGAINST MORALS.

(a) Vulgar Language. No person shall use vulgar, profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place of business open to public patronage.

(b) Indecent Exposure. No person shall publicly expose his person or make any indecent gestures.

(c) Apparel of Opposite Sex. No person shall appear in public in the dress of the opposite sex.

(d) Window-Peeping. No person shall look, peer, or peep into, or be found loitering around or within view of any window not on his own property with the intent of watching or looking through the window.

42.08 GAMBLING.

(a) Participation Prohibited. No person shall engage in a game of chance prohibited by the statutes of the State of Michigan of ordinances of this Village.

(b) Possession of Materials. No person shall have in his possession any evidence of illegal gambling in the nature of policy or pool tickets, slips or checks or memoranda of any combination or bet, or any policy wheel, dice, implement, apparatus or material of any form of illegal gambling or lottery.

(c) Owner of Premises. No person being the owner or person in control of premises shall knowingly permit the use or occupancy thereof for gambling.

42.09 PROSTITUTION.

(a) Committing. No person shall commit or offer or agree to commit a lewd act or an act of prostitution or moral perversion.

(b) Securing. No person shall secure or offer another for the purpose of committing a lewd act or an act of prostitution or moral perversion.

(c) Frequenting. No person shall be in or near any place frequented by the public, or any public place, for the purpose of inducing, enticing, or procuring another to commit a lewd act or an act of prostitution or moral perversion.

(d) Meretricious Display. No person shall make a meretricious display in or near any public place, any frequented by the public, or any place open to the public view.

(e) Transportation. No person shall knowingly transport any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.

(f) Permitting. No person shall knowingly receive, or offer to receive or agree to receive any person into any place or building for the purpose of performing a lewd act, or an act of prostitution or moral perversion, or to knowingly permit any person to remain in any place or building for any such purpose.

(g) Directing. No person shall direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion.

(h) Aiding. No person shall aid, abet, allow, permit, or participate in the commission of any of the acts prohibited in subsection (a) through (g) above.

42.10 CONSUMPTION OF LIQUOR IN PUBLIC PLACES.

(a) No person shall consume any alcoholic liquor on any public highway.

(b) No person shall consume any alcoholic liquor, except beer and/or wine, in public parks and places of amusement not licensed to sell for consumption on the premises under the Michigan Liquor Control Act.

42.10.10 PURCHASE, CONSUMPTION OR POSSESSION OF ALCOHOLIC LIQUOR BY MINORS.

1. A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in Section 909 of the state statute:

a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4).

b) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection, Section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the minor has been found by the court to have 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, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator 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 Subsection (4).

c) For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection, Section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have 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, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in Section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator 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 Subsection (4).

2. A person who furnished fraudulent identification to a minor, or notwithstanding Subsection (1) a minor who used 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 $100.00 or both.

3. When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of Subsection (1) pleads guilty to a violation of Subsection (1) or offers a plea of admission in a juvenile delinquency proceeding for a violation of Subsection (1), the court, without entering a judgment of guilt in a criminal proceeding or a 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 upon terms and conditions that include, but are not limited to, the sanctions set forth in Subsection (1)(a), payment of the costs including minimum state cost as provided for in Section 18m of Chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18m, and Section 1j of Chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j, and the costs of probation as prescribed in Section 3 of Chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3. Upon violation of a term or condition of probation or upon a finding that the individual is utilizing this subsection 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. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be 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 this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions or juvenile adjudications under Subsection (1)(b) and (c). There may be only one discharge or dismissal under this subsection as to an individual. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation under this subsection. The secretary of state shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. This record shall be furnished to any of the following:

a) To a court, prosecutor, or police agency upon request for the purpose of determining if an individual has already utilized this subsection.

b) To the department of corrections, a prosecutor, or a law enforcement agency, upon the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:

i) 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.

ii) 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.

4. The court may order the person convicted of violating Subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in Section 6103 of the public health code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.

5. The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating Subsection (1) or (2) as provided in Section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

6. A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

7. A law enforcement agency, upon determining that a person is less than 18 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (1) shall notify the parent or parents, guardian, or custodian as reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated Subsection (1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating Subsection (1), his or her parents or legal guardian shall be notified immediately as provided in this subsection.

8. This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption.

9. This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this act.

10. The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary education institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this act if the purpose of the consumption is solely educational and is a requirement of the course.

11. The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this act.

12. Subsection (1) does not apply to a minor who participates in either or both of the following:

a) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

b) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the state police, the commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the state police, the commission, or the local police agency and was not part of the undercover operation.

13. The state police, the commission, or a local police agency shall not recruit a minor for participation in an undercover operation at the scene of a violation of Subsection (1), Section 801(2) or Section 701(1) of the state statute.

14. In a criminal prosecution for the violation of Subsection (1) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where the consumption is legal.

15. As used in this section, "any bodily alcohol content" means either of the following:

a) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony. {Ord. 320, 3-1-05}

42.11 CURFEW AND PARENTAL RESPONSIBILITY.

(a) Authority. This section is adopted under the authority granted to the Village Council of the Village of Beverly Hills by Act 246 of the Public Acts of 1945 as amended.

(b) Finding of Necessity. The Village Council finds that offenses against the laws of the United States, the statutes of the State of Michigan, and the ordinances of the Village of Beverly Hills by minors under the age of seventeen (17) years are increasing at an alarming rate; that in a great many of the cases a lack of proper supervision and control of the minor child by his parents or guardian is evident; that the increasing problem of criminal offenses by children will not be solved by sanctions imposed upon the children alone but that it is necessary that sanctions be imposed upon parents whose neglect of their duty to properly supervise and control their children is a proximate cause of the delinquency of those children.

(c) Contributing to Neglect or Delinquency of Children. Any parent, legal guardian or other person having the care or custody of a minor child under the age of seventeen (17) years who shall by any act, or by any word, or by the failure to act, or by lack of supervision and control over said minor child, encourage, contribute toward, cause or tend to cause said minor child to become neglected or delinquent so as to come to tend to come under the jurisdiction of the Juvenile Division of the Probate Court as defined in Section 2 of Chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the first extra session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the Probate Court, shall be guilty of a misdemeanor.

(d) Curfew for Twelve Year Old Children. No minor, twelve (12) years of age or under, shall loiter, idle or congregate in or on any public street, alley, park, school, or other public place, or other place normally open to the public, including but not limited to shopping centers, places of amusement, private recreation areas or similar places, between the hours of 10:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.

(e) Curfew for Sixteen Year Old Children. No minor, Sixteen (16) years of age or under, shall loiter, idle or congregate in or on any public street, alley, park, school, or other public place, or other place normally open to the public, including but not limited to shopping centers, places of amusement, private recreation areas or similar places, between the hours of 12:00 midnight and 6:00 a.m., immediately following, except where the minor is accompanied by a parent or guardian, or some adult over the age of twenty-one (21) years delegated by the parent or guardian to accompany the minor child, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.

(f) Violation of Curfew. Any parent, legal guardian or other person having the care or custody of any minor child, sixteen (16) years of age or under who shall assist, aid, abet, allow, permit or encourage said minor to violate the provisions of subsections (d) and (e), either by overt act, by failing to act or by lack of supervision and control over said minor, is guilty of a misdemeanor. The fact that a child twelve (12) years of age or under or sixteen (16) years of age or under, is apprehended while on the public street, alley, park, school, or other public place, or other place normally open to the public during the hours defined above shall be prima facie evidence of a violation of this section on the part of the parents, legal guardian or other person having the care or custody of said minor child.

42.12 GAMES IN STREETS. No person shall throw, kick, or knock any ball, or play ball in any other manner upon any public street, alley or sidewalk.

42.13 MARIJUANA AND DANGEROUS DRUGS.

(a) Prohibited. It is unlawful for any persons knowingly or intentionally to possess Marijuana, any Dangerous Drug or Narcotic Drug unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this section.

(b) Definitions.

1. "Marijuana" means 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.

2. "Dangerous Drug" means:

A. Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more non narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

1. Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams.

2. Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams.

3. Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams.

4. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

5. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

B. Lysergic acid diethylamide, peyote, mescaline, dimethyltry ptamine, psilocyn, or psilocybin.

3. "Narcotic Drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

A. Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate. "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include the destrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

B. Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in (a) above, but not including the isoquinoline alkaloids of opium.

C. Opium poppy and poppy straw. "Opium Poppy" means the plant of the species Papaver somniferum L., except its seeds. "Poppy Straw" means all parts, except the seeds, of the opium poppy, after mowing.

4. "Practitioner" means:

A. A physician, dentist, veterinarian or pharmacist as defined in subdivisions (o) (p) (q) and (w) of Section 1 of Act No. 151 of the Public Acts of 1962, as amended, being Section 338.1101 of the Compiled Laws of 1948; scientific investigator as defined by rule of the administrator pursuant to Act No. 196 Public Acts of 1971, as amended being Section 335.307 of the Compiled Laws of 1948; or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.

B. A pharmacy, hospital or other institution or place of professional practice licensed, registered, or otherwise permitted to distribute, prescribe, dispense, conduct research with respect to or to administer marijuana or a dangerous drug in the course of professional practice or research in this State.

(c) Certain Persons Excepted. The following persons may knowingly or intentionally possess marijuana or any dangerous drug, as defined herein:

1. Any person who has a valid annual registration issued by the administrator, in accordance with its rules, as provided in Act No. 196, Public Acts of 1971, the same being the Section 335.301 et seq. of the Compiled Laws of 1948 of the State of Michigan.

2. Any agent or employee of any registered manufacturer, distributor or dispenser of marijuana or dangerous drug if he is acting in the usual course of his business or employment.

3. A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.

(d) Keeping or Maintaining a Place of Unlawful Use Prohibited. It is unlawful for any person to knowingly keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, which is resorted to by persons using marijuana or dangerous drugs in violation of this section for the purpose of using these substances, or which is used for keeping them.

(e) Burden of Proof.

1. It is not necessary for the prosecution to negate any exemption or exception in this section in any complaint or warrant, or in any trial or other proceeding under this section. The burden of proof of any exemption or exception is upon the person claiming it.

2. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued according to Act No. 196 of the Public Acts of 1971, he is presumed not to be the holder of the registration form. The burden is upon him to rebut the presumption.

3. No liability is imposed by this section upon any authorized office of the Village of Beverly Hills, engaged in the lawful performance of his duties.

(f) Hypodermic Syringes, Needles, Etc., Possession Prohibited. No person shall at any time have or possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of any dangerous drugs by subcutaneous injection or intracutaneous injection or any other manner or method of introduction and which is possessed for that purpose, unless such possession is authorized by the certificate of a licensed practitioner.

(g) Narcotic Paraphernalia, Possession, Sales, Etc., Prohibited. It shall be unlawful for any person to have, possess, sell, offer to sell, dispense, or give away any pipe, device or contrivance adapted for the use of smoking or inhaling marijuana (Cannabis sativa L.), hashish or opium, provided however, that such pipe, device or contrivance has been used for the purpose of smoking or inhaling marijuana, hashish or opium.

42.14 TOXIC CHEMICALS.

(a) Definition. As used in this section "chemical agent" means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, hydrocarbons and hydrocarbon derivatives.

(b) Introduction into Respiratory or Circulatory System Prohibited. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

(c) Aiding and Abetting. No person shall assist, aid, abet, or encourage any person to violate the provisions of subsection (b) of this section.

42.15 DISTURBANCES AT SCHOOLS.

(a) Entering School Buildings. It shall be unlawful for any person to enter or remain in any public, private or parochial school building, or to enter or remain on the property of any public, private or parochial school, except when in attendance as a regularly enrolled student, educator, administrator or employee, or when engaged in legitimate school business or pursuits.

(b) Disturbance. It shall be unlawful for any person to willfully or maliciously make or cause to be made any noise, disturbance or diversion in or near any school building or the property thereof, by which the peace, quiet or good order of any public, private or parochial school is disturbed.

42.16 OFFENSES AGAINST PUBLIC PEACE. No person in the Village shall:

(a) Disorderly Conduct. Disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.

(b) Assault. It shall be unlawful for any person to willfully assault another or engage in or aid in a fight, quarrel or other disturbance and/or either attempt to commit a battery on another person or do an illegal act that causes another person to reasonably fear an immediate battery. A person who assaults an individual is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00) or both.

Assault and Battery. It shall be unlawful for any person to commit a battery on another individual or to commit an assault and battery on another individual or to commit an assault and battery on another individual by a forceful or violent touching of another person or something closely connected with that person, whether or not that touching causes an injury. A person who assaults and batters an individual is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00) or both.

Domestic Assault and Domestic Assault and Battery. An individual who assaults or assaults and batters a "spouse or intimate partner," which is defined as all of the following:
(i) Spouse.
(ii) Former Spouse.
(iii) An individual with whom he or she has had a child in common.
(iv) An individual with whom he or she resides or has resided in the same household with.
(v) An individual with whom he or she has or has had a dating relationship with as that term is defined below

is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (90) days or a fine of not more than Five Hundred Dollars $500.00) or both.
As used herein, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

Deferral of Proceedings: Conditions.
(A) When an individual who has not been convicted previously of a violation of this Section or Section 81 or 81a of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, as amended, being MCL 750.81 and MCL 750.81a of the Michigan Compiled Laws, or a violation of a local ordinance substantially corresponding to this Ordinance or Section 81 of Act No. 328 of the Public Acts of 1931, pleads guilty to, or is found guilty of, a violation of Section 81 of Act No. 328 of the Public Acts of 1931, as amended, and the victim of the assault is the offender=s spouse or former spouse, an individual who has a child in common with the offender, or an individual residing or having resided in the same household as the offender, or an individual with whom offender has or has had a dating relationship, as defined above, the court, without entering a judgment of guilty and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation, as provided in this Section. However, before deferring proceedings under this Subsection, the court shall contact the Department of State Police and determine whether, according to the records of the Department of State Police, the accused has previously been convicted under Section 81 or 81a of Act No. 328 of the Public Acts of 1931, or under local ordinance substantially corresponding to this Ordinance or to Section 81 of Act No. 328 of the Public Acts of 1931, or has previously availed himself or herself of this Section. If the search of the records reveals an arrest for a violation of Section 81 or 81a of Act No. 328 of the Public Acts of 1931 or this Ordinance or a local ordinance substantially corresponding to Section 81 of Act No. 328 of the Public Acts of 1931, but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this Section.
(B) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilty and proceed as otherwise provided in this Ordinance.
(C) An order of probation entered under this Subsection may require the accused to participate in a mandatory counseling program. The court may order the accused to pay the reasonable costs of the program.
(D) The court shall enter an adjudication of guilty and proceed as otherwise provided in this Ordinance if any of the following circumstances exist:

(1) The accused commits an assaultive crime during a period of probation. As used in this Ordinance, "assaultive crime" means one or more of the following:

(a) That term as defined in 82.16(b) and/or 42.16(b) (1) of this Ordinance;
(b) That term as defined in Section 9(a) of Chapter X, MCLA 770.9a;
(c) A violation of Chapter XI of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being MCL 750.81, 750.90 of the Michigan Compiled Laws.

(2) The accused violates an order of the court that he or she receive counseling regarding his or her violent behavior.

(3) The accused violates an order of the court that he or she have no contact with a named individual.

(E) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this Section shall be without adjudication of guilt, and is not a conviction for purposes of this Section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(F) There may be only one discharge and dismissal under this Section with respect to any individual. This court shall submit a non-public record to be maintained by the Department of State Police of an arrest and discharge or dismissal under this Section. This record shall be furnished to a court or police agency upon request for the purpose of showing that a defendant in a criminal action under Section 81 or 81a of Act No. 328 of the Public Acts of 1931, as amended, this Ordinance, or a local ordinance substantially corresponding to Section 81 of Act No. 328 of the Public Acts of 1931 has already once availed himself or herself of this Section. {Ord. 309, 6-22-02}

(c) Inebriated. Be intoxicated in a public place and either endanger the safety of another person or property or act in a manner that causes a public disturbance.

(d) Disturb Religious Worship. Disquiet or disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting.

(e) Vagrancy. Have the status or condition of a "vagrant." The following persons shall be deemed vagrants:

1. No Lawful Means of Support. Any person having no lawful means of employment and having no lawful means of support realized solely from lawful occupations or sources; or, any person who lives idly and without visible means of support.

2. Begging. Any person wandering abroad and begging; or any person who goes about from door-to-door of private homes or commercial and business establishments, or places himself in or upon any public way or public place to beg or receive alms for himself.

3. Loitering. Any person found loitering or strolling in, or about, or upon any street, alley, or other public way or public place, or at any public gathering or assembly, or in or around any store, shop, or business or commercial establishment, or on any private property or place without lawful business and conducting himself in a lewd, wanton or lascivious manner in speech or behavior.

4. Illegal Employment. Any person who frequents or loafs, loiters, or idles in or around or is the occupant of or is employed in any gambling establishment or establishment where intoxicating liquor is sold without a license.

5. Illegal Association. Any person who keeps, operates, frequents, lives in, or is employed in any house or other establishment of ill fame, or who (whether married or single) engages in or commits acts of fornication or perversion for hire.

6. Unlawful Occupancy. Any person wandering abroad and occupying, lodging, or sleeping in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, railroad car, or other vehicle, without owning the same or without permission of the owner or person entitled to possession of the same, or sleeping in any vacant lot during the hours of darkness and not giving a satisfactory account of himself.

7. Burglars' Tools. Any person upon whose person or in whose possession shall be found any instrument, tool, or other implement for picking locks or pockets, or any implement that is usually employed or that reasonably may be inferred to have been designed to be employed in the commission of any felony, misdemeanor or the violation of any ordinance, and who shall fail to account satisfactorily for the possession of the same.

8. Concealing Stolen Property. Any person who keeps a place where lost or stolen property is concealed.

9. Abroad at Unusual Hours. Any person who wanders about the streets, alleys, or other public ways or places, or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself.

10. Fraudulent Schemes. Any person who shall engage in any fraudulent scheme, device, or trick to obtain money or other valuable thing from others; or any person who aids or assists such trick, device or scheme.

(f) Telephone Harassment. No person shall telephone, whether or not conversation ensues, any person repeatedly or cause the same to be done for the primary purpose of harassing such other person or his family; or use any threatening, vulgar, indecent, obscene, immoral or insulting language over any telephone.

42.17 OFFENSES AGAINST PUBLIC SAFETY. No person in the Village shall:

(a) Resisting Officer. Resist any Public Safety Officer, any member of the Public Safety Department, or any person duly empowered with police authority, while in the discharge or apparent discharge of his duty, or in any way interfere with or hinder him in the discharge of his duty.

(b) Assisting in Escape. Offer or endeavor to assist any person in the custody of a Public Safety Officer, a member of the Public Safety Department or a person duly empowered with police authority to escape or to attempt to escape from such custody.

(c) Impersonating an Officer. No person, other than an official Public Safety Officer of the Village, shall wear or carry other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by the Public Safety Officers of the Village.

(d) False Report of Crime. Make to, or file with, the Public Safety Department of the Village any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the Village.

(e) False Alarm. Intentionally make, turn in, or give a false alarm of fire, or of a need for police or ambulance assistance, or aid or abet in the commission of such act.

(f) Throwing Missiles. Throw any stone, snowball or any other missile upon or at any vehicle, building, tree or other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground.

Water Drainage onto Streets. Section 5.03

Debris in Streets. Section 5.04

42.18 DEPOSITING OF SNOW, ICE OR SLUSH.

(a) Definitions:

Person: Shall not include the State of Michigan, Oakland County Road Commission or Village of Beverly Hills or an employee thereof operating within the scope of his duties.

Safety Vision: Means an unobstructed line of sight enabling a driver to travel upon, enter, or exit a roadway in a safe manner.

(b) A person shall not remove, or cause to be removed snow, ice or slush onto or across a roadway or the shoulder of the roadway in a manner which obstructs the safety vision of the driver of a motor vehicle other than off-road vehicles.

(c) A person shall not deposit, or cause to be deposited snow, ice or slush onto or across a roadway or the shoulder of the roadway.

(d) A person shall not deposit, or cause to be deposited snow, ice or slush on any roadway, street, highway or appurtenances lawfully located thereon.

42.19 LARCENY. No person shall commit the offense of larceny, by stealing, of the property of another, any money, goods or chattels, or any bank note, bank bill, bonds, promissory note, due bill, bill of exchange, or other bill, draft, order or certificate, or any book of accounts for or concerning money or goods due or to become due, or to be delivered, or any deed or writing containing a conveyance of land, or any other valuable contract in force, or any receipt, release of defeasance or any writ, process of public record of the value of One Hundred Dollars ($100.00) or less.

42.20 NOISE CONTROL.

(a) It is found and declared that:

1. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the Village of Beverly Hills is a condition which has existed for some time and the extent and volume of such noises is increasing;

2. The making, creation or maintenance of such excessive unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of Beverly Hills; and

3. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and police policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of Beverly Hills and its inhabitants.

(b) It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the Village.

(c) Noises prohibited-unnecessary noise standard. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely:

1. Horns and Signal Devices. The sounding of any horn or signal device on any automobile, motorcycle, bus, street car or other vehicle while not in motion except as a danger signal if another vehicle is approaching apparently out of control or to give warning of intent to get under motion, or if in motion, only as a danger signal; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;

2. Radio and Musical Instruments. The playing of any radio, television, phonograph, or any musical instruments in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. or at the time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity;

3. Shouting and Whistling. Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets, between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity:

4. Hawking. The hawking of goods, merchandise or newspapers in a loud and boisterous manner.

5. Animal and Bird Noises. The keeping of any animals or birds which by causing frequent or long continued noise shall disturb the comfort of any person;

6. Whistle Or Siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger;

7. Engine Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which effectively prevents loud explosive noises therefrom;

8. Construction Noises. The erection (including excavating), demolition, alteration, or repair of any building, the excavation and/or grading of streets, highways, or private property other than between the hours of 7:00 a.m. and 8:00 p.m. on Mondays through Saturdays, unless a permit be first obtained from the Building Department for building work or from the Engineering Department for street work.

9. Handling Merchandise. The creating of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;

10. Devices to Attract Attention. The use of any drum, loud speaker, amplifier or other instrument or device for the purpose of attracting attention for any purpose.

11. Noise or Commotion in Vehicles. To make a commotion or make unnecessarily loud noises, whereby the peace and good order of the neighborhood is disturbed, or persons owning or occupying property in the neighborhood are disturbed or annoyed.

12. Sound Trucks. To operate or cause to be operated a sound truck with radio or amplifier within the Village without first having obtained a permit therefore from the Village Council.

13. Exceptions. None of the prohibitions herein shall apply to or be enforced against; any police or fire vehicle of the Village or ambulance while engaged upon necessary public emergency business; necessary excavations or repairs of bridges, streets, or highways on behalf of the Village, County or State during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day; the reasonable use of stationary amplifiers or loud speakers in the course of public addresses which are noncommercial in character.

Also see Section 32.10

42.21 REGULATING THE USE OF ALCOHOLIC BEVERAGES AND DRUGS AT OPEN HOUSE PARTIES

(a) Purpose

The Village Council of the Village of Beverly Hills finds that the unregulated use of alcohol and drugs by minors created public health, safety and general welfare problems in many communities throughout the United States, including the Village of Beverly Hills; and

The use of alcohol and drugs by minors can have devastating effects on not only minors but on the public at large, including but not limited to, injuries caused by vehicles operated by persons under the influence of alcoholic beverages or drugs; and:

The Village Council for the Village of Beverly Hills further finds that adults could significantly alleviate alcohol and drug problems by assuming the responsibility for open house parties which occur at their residence.

(b) Definitions. For the purpose of this Section, the following terms shall be defined as follows:
1. "Adult" means a person seventeen (17) years of age or older.

2. "Alcoholic Beverage" means any beverage containing more than one half (1/2) of one percent (1%) of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of Michigan Compiled Laws, Section 436.2, as amended.

3. "Minor" means a person not legally permitted by reason of age to possess alcoholic beverage pursuant to Michigan Compiled Laws, Section 4326.33b, as amended.

4. "Residence" means a home, apartment, condominium or dwelling unit and includes the curtilage (i.e., the area surrounding) of such dwelling unit.

5. "Open House Party" means a social gathering of persons at a residence, other than the owner of those with rights of possession or their immediate family members.

6. "Drug" means a controlled substance as defined now or hereafter by the Public Acts of the State of Michigan. Currently, such controlled substances are defined by Act No. 196 of the Public Acts of 1971, as amended, being Sections 335.301 to 335.367 of the Michigan Compiled Laws.

7. "Control" means any form of regulation or dominion including a possessory right.

(c) No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at said residence, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at said residence.

(d) Exception. The provisions of this Section shall not apply to legally protected religious observances or legally protected educational activities.

(e) Penalties. The penalties for violation of this Section shall be as follows:

1. For the first violation, a fine not exceeding Five Hundred dollars ($500.00) or imprisonment in the County jail for a term not to exceed thirty (30) days or by both such fine and imprisonment.

2. For subsequent violations, a fine not exceeding Five Hundred dollars ($500.00) or imprisonment in the County jail for a term not to exceed ninety (90) days or by both such fine and imprisonment.

42.22 RETAIL FRAUD.

(a) Purpose. The purpose of this subsection is to provide for the health, safety and welfare of the citizens of the Village of Beverly Hills, by providing an ordinance which will help store owners in the Village of Beverly Hills be able to prosecute for thefts and larceny-type offenses that occur in their place of business.

(b) Retail Fraud. Any person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud:

(1) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale.

(2) While a store is open to the public, steals property of the store that is offered for sale.

(3) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store.

42.23 PROHIBITING THE USE OF A TOBACCO PRODUCT ON SCHOOL PROPERTY.

(a) Except as otherwise provided in Subsection (c), a person shall not use a tobacco product on school property.

(b) As used in this Section:

1. "School property" means a school district, local act school district, or intermediate school district, as those terms are defined in the School Code of 1976, Act No. 451 of the Public Acts of 1976, being Sections 380.1 to 380.1852 of the Michigan Compiled Laws; a joint high school district formed under Part 3a of Act No. 451 of the Public Acts of 1976, being Sections 380.171 to 380.187 of the Michigan Compiled Laws; or a consortium or cooperative arrangement consisting of any combination of these.

2. "School property" means a building, facility, or structure and other real estate owned, leased, or otherwise controlled by a school district.

3. "Tobacco product" means a preparation of tobacco to be inhaled, chewed, or placed in a person's mouth.

4. "Use a tobacco product" means any of the following:

aa. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.

bb. The inhaling or chewing of a tobacco product.

cc. The placing of a tobacco product within a person's mouth.

(c) Subsection (1) does not apply to that part of school property consisting of outdoor areas including, but not limited to, an open-air stadium, during either of the following time periods:

1. Saturdays, Sundays, and other days on which there are no regularly scheduled school hours.

2. After 6 p.m. on days during which there are regularly scheduled school hours.