Clawson City Criminal Ordinances – Offenses Against Property

The following are misdemeanor offenses against property that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-81.  Theft of property.  A person commits the offense of theft of property if he takes, steals or appropriates to his or her own use public or private property belonging to another person  (Code 1978, section 21-46)  State law reference, similar provision MCL 750.356.

Sec 46-82.  Theft of services.  A person commits the offense of theft of services if he intentionally obtains services known by him to be available only for compensation by deception, threat, false token, or other means to avoid payment for the services.  (Code 1978, section 21-32)  State law reference, similar provision MCL 750.356.

Sec 46-83.  Malicious mischief.  It shall be unlawful for any person to willfully or wantonly injure, damage, deface, break, tamper with or otherwise harm or assume control over any property, public or private, real or personal, not his own.  (Code 1978, section 21-44)  State law reference, similar provision MCL 750.377a.

Sec 46-84.  Trespass.  (a) A person commits the offense of trespass if he or she enters or remains in or upon the premises when he is not licensed, invited, or otherwise privileged to do so.  A person who entered or remains in or upon premises which are at the time open to the public does so with the license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him by the owner of the premises or some other authorized person.  A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.  A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designated to exclude intruders, does so with the license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized persons or unless notice is given by posting in a conspicuous manner.  (b)  The term “premises” for purpose of this Section includes any structure or motor vehicle and any real property.  (Code 1978, section 21-45)  State law reference, Trespass MCL 750.552.

Sec 46-85.  Posting on property of others; consent required.  No person shall post any bill, sign, poster, or advertisement on any building, fence, pole, or any other property, whether public or private, belonging to another without the consent of the owner, except signs by any government authority.  Such consent shall be secured in writing, and such written consent shall be exhibited by the person having the consent to any police officer on demand.    (Code 1978, section 3-1)

Sec 46-86.  Loitering on school premises.  (a) It shall be unlawful for any person to loiter or remain in or about any school building or grounds, not having any reason or relationship involving custody of or  responsibility for a pupil, or any other specific, legitimate reason for being there, and not having written premising from a school administrator.  (b)  Any person who shall remain or be on any public or private school premises after having been ordered or requested to leave the premises by any person lawfully in charge, or by his duly authorized deputy, agent, or subordinate, shall be deemed guilty of a misdemeanor.    (Code 1978, sections 21-13, 21-14)

Sec. 1-7.  General penalty; continuing violations.  (a) In this section, the words “violation of this Code” mean any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor, or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.

(b) In this section the words “violation of this Code” include causing, securing, aiding or abetting a violation of this Code as defined in subsection (a) of this section.

(b) In this section, the words “violation of this Code” do not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period not more than 90 days, or both;  However, unless otherwise provided by law, a person convicted of a violation of any of the provisions of this Code that substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both.  A person convicted of a violation of this Code shall be responsible for costs.  The penalty in this subsection does not apply to any municipal civil infraction.

(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.  As to theory violations, each violation constitutes a separate offense.

(f) The city of Clawson is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code.  The city of Clawson is entitled to recover Court costs from any person convicted of a violation of this Code.

(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit, or franchise or other administrative sanctions.

(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief.  The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.  (Code 1978, section 1-6).  State law reference, penalty for ordinance violations, MCL 117.3(k), 117.4i; municipal civil infractions, MCL 117.4l, 600.8701 et seq.

Sec. 46-2.  State law misdemeanors.  Every act prohibited by State law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city of Clawson shall, upon conviction, be punished by the same penalty provided by State law, except the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.

When charged with a criminal offense in Clawson Michigan it is important to hire an experienced criminal lawyer to assist you.  Criminal misdemeanor offenses that allegedly occur in Clawson are prosecuted at the 52-4th Division District Court, which is located at 520 W. Big Beaver Road in Troy, Michigan 48084.  An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.

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