ARTICLE III. OFFENSES AGAINST PUBLIC MORALS

DIVISION 1. GENERALLY

86-61 Indecent exposure.

No person shall appear in any public place in a state of nudity or otherwise make any indecent exposure of his person.

(Code 1985, § 16-3)

State law reference—Similar provisions, MCL 750.335a.

86-62 Obscene materials and performances.

(a)    No person shall show, exhibit, sell, offer for sale, distribute, circulate, give away or cause the same to be done, to any person, any obscene material.

(b)    Any material or performance is “obscene” if, when considered as a whole and judged with reference to an ordinary or average person, any of the following applies:

(1)    Its dominant appeal is to prurient interest in sex or obscenity.

(2)    Its dominant tendency is to arouse lust by displaying or depicting nudity, sexual excitement, or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite.

(3)    Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality.

(4)    It contains a series of displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient interest in sex or obscenity, when the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than for a serious literary, artistic, political or scientific value.

(c)    For the purpose of this section, all three of the following conditions are required to prove obscenity affecting the average or ordinary person:

(1)    The material or performance taken as a whole predominantly appeals to a prurient interest in sex or obscenity;

(2)    The material or performance is patently offensive because it affronts the prevailing contemporary community standards as a whole relating to the description or representation of sexual or obscene matters; and

(3)    The material or performance as a whole lacks serious literary, artistic, political or scientific value.

(Code 1985, § 16-8)

Decisional law reference—Re what constitutes obscenity, Miller v. California, 413 U.S. 15(1973).

86-63 Public urination.

Except where a restroom is used, it shall be unlawful for any person to urinate or defecate:

(1)    While on or in any public street, sidewalk, alley, park, parking lot, parking structure, public carrier or any other place open to the public; or

(2)    While on or in any private property when said act is open to public view.

(Ord. No. 2181, § 1, 5-19-05)

86-6486-75 Reserved.

DIVISION 2. PROSTITUTION1

86-76 Solicitation.

(a)    No person shall solicit or otherwise entice any other person to visit or patronize any prostitute or place of prostitution.

(b)    No person shall make a public display of himself on any street or other public place in any manner so as to attract attention to himself for the purpose of soliciting customers for prostitution.

(c)    No person shall engage in or offer to engage in any act of prostitution.

(Code 1985, § 16-2)

86-77 Keeping place of prostitution.

(a)    No person shall keep, conduct, maintain, own, or in any other way contribute to the support of a place of prostitution.

(b)    No person shall knowingly own or be a proprietor or landlord of any place of prostitution.

(Code 1985, § 16-1)

86-7886-90 Reserved.

DIVISION 3. GAMBLING2

86-91 Prohibited.

(a)    No person shall deal, carry on, operate or conduct, either as owner, lessee, manager, agent, dealer or employee, whether for hire or not, any game of cards, dice, slot machine or any other device for money, checks, merchandise, credits or anything of value.

(b)    No person, either as owner, lessee, agent, employee or manager of any house, building or any part thereof, shall permit any gambling to be played in such house, building or any part thereof.

(c)    No person shall use or permit to be used any licensed mechanical amusement device or any other device for the purpose of gambling.

(Code 1985, § 16-9)

86-92 Dice games.

No person shall take part in or in any way engage in a certain form of game commonly known as craps. For the purpose of this section, “craps” shall mean any game in which money or any other thing of value is wagered upon by the chance throw of dice.

(Code 1985, § 16-10)

86-93 Lotteries.

(a)    No person shall buy, sell or dispose of, or have in his possession with intent to sell or dispose of, any lottery policy, certificate or number or anything that promises that any particular number, character, ticket or certificate shall, on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder thereof to receive money, property or other evidence of debt.

(b)    No lottery or consideration shall be deemed to exist with respect to a distribution of prizes by chance in a contest where admission to a class of distributees is based upon the submission of a boxtop, package, label, coupon or other similar article connected with merchandise produced or sold by the sponsor of the contest in the regular course of business, provided that the sale price of such merchandise does not include any direct or indirect charge to the purchaser for the right to participate in such contest.

(c)    This section shall not apply to any state authorized lottery or any activity involving gaming authorized by the state under a permit.

(Code 1985, § 16-11)

86-94 Betting on horse races and athletic contests.

(a)    No person shall keep, exhibit or use any book, device, machine or material for the purpose of receiving, recording or registering bets or wagers upon the outcome of any contest of skill, speed or power of endurance by man, beast or thing unless otherwise provided by law.

(b)    No person shall make any bets or wagers on any contests described in this section; provided, that this section shall not apply to betting or wagering on any horse race within the enclosure of any race meeting licensed and conducted under the laws of this state and made by means of a parimutuel or totalizer pool.

(Code 1985, § 16-12)

86-95 Confiscation of money used in gambling.

All money or stakes being used in the conduct of any gambling game, when seized by police officers, shall be brought before the court, and if the court, upon hearing the evidence, finds the money or stakes to have been used in conducting a gambling game, such money or stakes shall be forfeited to the city by the court ordering such money or stakes deposited in the city treasury.

(Code 1985, § 16-13)

86-96 Notice of hearing on confiscated property.

The court shall give notice to the person from whom the monies were seized under this division, or to the person in possession as owner or lessee of the premises where the furniture or monies were found, or if the names of any of these persons are unknown to the court, by posting notice upon the outer door of the premises. The notice shall be directed to any person claiming an interest in the property or money, to come before the court on a certain date, not less than three days from the date of the notice, and to show cause, if any, why the articles should not be sold at a public auction as contraband or why any of the monies seized by the police should not be held as contraband and ordered forfeited by the court. The notice shall also contain a list of each item of furniture, fixtures or apparatus seized and the amount of any monies seized.

(Code 1985, § 16-14)

86-97 Seizure of gambling paraphernalia; disposition.

(a)    The police department or any law enforcement agency shall seize any gambling paraphernalia, article, machine, device, contrivance or apparatus of any kind kept, owned or possessed in violation of this division.

(b)    The materials seized under this section shall be held for use as evidence and for final disposition by the court.

(Code 1985, § 16-15)

86-98 Hearing; sale of contraband; forfeiture.

(a)    Upon the date set for the hearing under this division, the court shall inquire into the facts, and take evidence if necessary. If in the court’s opinion, after a full hearing, or upon the default of those notified to appear, it appears to the court that the furniture, fixtures or equipment sought to be classified as contraband is in fact contraband, the court shall order the furniture, apparatus or fixtures sold by the police department at a public auction to the highest bidder for cash and the proceeds paid into the court fund for the use and benefit of the city treasury.

(b)    After the hearing under this division, if it appears to the court that any of the money seized was, at the time of the seizure, being kept, used or intended to be used by the persons named in the notice, or by any person, in violation of the gaming or gambling laws of the city, or of the state, the court shall order the monies confiscated as contraband and forfeited to the city treasury.

(Code 1985, § 16-16)

86-99 Frequenting gambling places.

No person shall frequent any gambling house or premises used for the purpose of gambling.

(Code 1985, § 16-17)

86-100 Use of telephone or telegraph for gambling.

(a)    No person, any telegraph or telephone company, its agents or employees, shall intentionally or knowingly transmit or deliver any message or information to or from, or for the use of, any person engaged in any manner, either as principal or agent, in receiving, accepting, making or placing any bet upon any gambling event.

(b)    Each message or pretended message accepted or received by any person, company, its agents or employees for transmission or delivery in violation of any of the provisions of this division shall constitute a separate and distinct offense.

(Code 1985, § 16-18)

86-101 Bookmaking paraphernalia.

No person shall have in his possession, keep, exhibit, use or employ any device, paraphernalia, books, machines, or instrument of any kind or character, for the purpose of:

(1)    Receiving, accepting, recording or registering any bet;

(2)    Selling or making of any books, pools or mutuels;

(3)    Becoming custodian or depository for gain, hire or reward of any bet; or

(4)    Receiving, registering, recording, forwarding or pretending to receive, register, record or forward any bet or reward to or for any gambling event.

(Code 1985, § 16-19)

86-102 Slot machines; nuisances.

No person shall operate or be in control of the operation of any mechanical device, contrivance or instrumentality ordinarily known as a slot machine. Slot machines are declared to be public nuisances and may be abated.

(Code 1985, § 16-20)

86-103 Minors prohibited.

No person shall knowingly permit any minor to play or operate any licensed gaming device or to place any bet or wager in any parimutuel or totalizer pool as provided by state law.

(Code 1985, § 16-21)

86-104 Leasing for gambling.

No person shall knowingly rent or lease to any person any premises wherein any of the activities prohibited by this division are done, permitted or allowed to continue, or permit the premises to be so used after notice in writing by the chief of police that a section of this division or any other Code section or ordinance against gambling has been violated in or upon the premises.

(Code 1985, § 16-22)

86-10586-115 Reserved.

DIVISION 4. CONTROLLED SUBSTANCES

86-116 Use and possession of marijuana prohibited.

(a)    No person shall knowingly or intentionally use marijuana or have marijuana in his possession.

(b)    As used in this section, “marijuana” shall mean 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. Such term 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.

(Code 1985, §§ 16-120, 16-121)

86-117 Controlled substance paraphernalia.

(a)    Definition. As used in this section “drug paraphernalia” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; including, but not limited to, all of the following:

(1)    An isomerization device specifically designed for use in increasing the potency of any species of plant which plant is a controlled substance.

(2)    Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.

(3)    A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.

(4)    A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.

(5)    A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.

(6)    An object specifically designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body.

(7)    A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(8)    A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(9)    A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.

(10)    A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.

(11)    A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user’s nose.

(12)    A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.

(13)    A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

(b)    Indicia of drug paraphernalia. In determining whether an object is drug paraphernalia, in addition to all other logically relevant factors, all of the following shall be considered:

(1)    Statements by an owner or by anyone in control of the object concerning the use of the object.

(2)    Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.

(3)    The proximity of the object to a controlled substance or a violation of this division.

(4)    The existence of any residue of a controlled substance on the object.

(5)    Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver the object to a person to whom he knows intends to use the object in violation of this division. The innocence of an owner, or of anyone in control of the object, as to the violation of this division shall not prevent a finding that the object is intended for use or specifically designed for use as drug paraphernalia.

(6)    Instructions, oral or written, provided with the object concerning the use of the object.

(7)    Descriptive materials accompanying the object which explain or depict the use of the object.

(8)    National and local advertising concerning the use of the object.

(9)    The manner in which the object is displayed for sale.

(10)    The existence and scope of legitimate uses for the object.

(11)    Expert testimony concerning the use or uses of the object.

(12)    Whether the owner, or anyone in control of the object, is a legitimate supplier of similar objects to the community, such as a licensed distributor or dealer of tobacco products.

(13)    Direct or circumstantial evidence of the ratio of sales by the owner of the object to the total sales of the business enterprise.

(c)    Possess, use, delivery, manufacture, sale, offer for sale, notice in writing before arrest, compliance with notice as defense; penalty.

(1)    No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(2)    No persona shall possess, deliver, or manufacture drug paraphernalia knowing that the drug paraphernalia may be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(3)    Subject to subsection (4), a person shall not sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(4)    Before a person is arrested for violation of subsection (3), the city law department or the city police department shall notify the person in writing, not less than two business days before the person is to be arrested that the person is in possession of specific, defined material that has been determined by the city law or the city police department to be drug paraphernalia. The notice also shall request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of subsection (3).

(5)    If a person complies with a notice sent under subsection (4), the compliance is a complete defense for the person against a prosecution under section 86-117, as long as the compliance continues.

A person who violates any provision of this subsection (c) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or both.

(d)    Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this section shall be seized and forfeited to the city in accordance with applicable state law.

(e)    Exceptions. This section does not apply to any of the following:

(1)    An object sold or offered for sale to a person licensed under article 15 or under the occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.101 to 339.2721 of the Michigan Compiled Laws, or any intern, trainee, apprentice, or assistant in a profession licensed under article 15 or under Act No. 299 of the Public Acts of 1980 for use in that profession.

(2)    An object sold or offered for sale to any hospital, sanitarium, clinical laboratory, or other health care institution including a penal, correctional, or juvenile detention facility for use in that institution.

(3)    An object sold or offered for sale to a dealer in medical, dental, surgical, or pharmaceutical supplies.

(4)    Equipment, a product, or material which may be used in the preparation or smoking of tobacco or smoking herbs other than a controlled substance.

(5)    A blender, bowl, container, spoon, or mixing device not specifically designed for a use in ingesting, inhaling, or otherwise introducing controlled substances into the human body.

(6)    A hypodermic syringe or needle sold or offered for sale for the purpose of injecting or otherwise treating livestock or other animals.

(7)    An object sold, offered for sale, or given away by a state or local governmental agency or by a person specifically authorized by a state or local governmental agency to prevent the transmission of infectious agents.

(Code 1985, §§ 16-122—16-127; Ord. No. 2163, § 1, 7-31-03; Ord. No. 2188, § 1, 11-3-05)

86-11886-140 Reserved.


1

Cross reference—Adult entertainment, § 14-36 et seq.

State law reference—Prostitution generally, MCL 750.448 et seq.


2

State law reference—Prohibition against gambling, MCL 750.301 et seq.; disposition of seized gambling materials, MCL 600.2939.