Clawson City Criminal Ordinances – Offenses Involving Tobacco

The following are misdemeanor tobacco offenses 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. 46-2. – 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 shall, upon conviction, be punished by the same penalty provided by state law, except that the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.  (Code 1978, § 21-2)

 

Sec. 46-3. – Use of tobacco products on school property.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

School district means a school district, local act school district, or intermediate school district, as those terms are defined in the Revised School Code (MCL 380.1 et seq.).

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

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

Use a tobacco product means any of the following:

(1)

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

(2)

The inhaling or chewing of a tobacco product.

(3)

The placing of a tobacco product within the person’s mouth.

(b)

Exemptions. For the purpose of applying this section, tobacco products may be used in those parts of school property consisting of outdoor areas including, but not limited to, an open-air stadium, during the following time periods:

(1)

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

(2)

After 6:00 p.m. on days during which there are regularly scheduled school hours.

(c)

Penalty for violation of section. Except as otherwise provided in this section, no person shall use a tobacco product while on school property. Any person who violates this section who is over the age of 17 shall be guilty of a misdemeanor, punishable by a fine of not more than $50.00 for each offense. Any person under the age of 17 who violates this section shall be liable for a civil infraction fine of not more than $50.00 for each occurrence. (Code 1978, §§ 21-141—21-143) State law reference— Similar provisions, MCL 750.473.

 

Sec. 46-4. – Purchase or sale of tobacco by underage persons.

(a)

No person under the age of 18 shall purchase, offer or attempt to purchase, have in his possession or use any product which is used for the formation of a smoking device, tobacco, tobacco snuff, chewing tobacco or tobacco in any other form.

(b)

No person shall sell, furnish, give or deliver any product which is issued for the formation of a smoking device, tobacco, tobacco snuff, chewing tobacco or tobacco in any other form to any person under the age of 18.

(c)A person under the age of 17 who violates this section shall be liable for a civil infraction fine of not more than $50.00. A person who is 17 years old or older who violates this section is guilty of a misdemeanor, punishable by a fine of not more than $50.00 per each offense. (Code 1978, § 21-140) State law reference— Possession or use of tobacco by underage persons in public, MCL 722.642; selling or furnishing tobacco to underage persons, MCL 722.641.

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.

(c)

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 of 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 correspond 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 other violations, each violation constitutes a separate offense.

(f)

The city is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code. The city 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, § 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.

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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