Michigan Criminal Attorneys Blog
The following are misdemeanor nuisance offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code at the time of this blog:
9.1 Public Nuisances Defined. Whatever annoys, injures, or endangers the safety, health, comfort or repose of the public; interferes with or destroys or renders dangerous any street, highway, allows accumulation of junk or obnoxious matters on private property; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter and the common and statute law of this state.
Noise Control
9.5 Noises. Among others, each of the following acts is declared unlawful and is prohibited, but this enumeration shall not be deemed to be exclusive, namely
(a) Horns and Signal Devices. The sounding of any orn 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 signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time;
(b) 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 pm and 7:00 am or at any 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;
(c) 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 pm and 7:00 am, or the making of any such noises 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.
(d) Hawking. The hawking of goods, merchandise or newspapers in a loud and boisterous manner.
(e) 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;
(f) 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.
(g) 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.
(h) Construction Noises. The erection (including excavation), 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 am and 8:00 pm 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.
(i) 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, crates and containers;
(j) Devices to Attract Attention. The use of any drum, loudspeaker, amplifier or other instrument or device for the purpose of attracting attention for any purpose.
(k) Noise, Sound Amplification, or Commotion in Vehicles. To make a commotion, amplify sound, or make unnecessarily loud noises which are audible more than 50 feet from the vehicle, or whereby the peace and good order of the neighborhood is disturbed, or persons owning or occupying property in the neighborhood are disturbed.
(l) Sound trucks. To operate or cause to be operated a sound truck with radio or amplifier within the City of Troy without first having obtained a permit therefor from the City Council.
(m) Exceptions. None of the prohibitions herein shall apply to or be enforced against any police or fire vehicle of the City of Troy or ambulance which engaged upon necessary public emergency business; necessary excavations or repairs of bridges, streets, or highways on behalf of theCity of Troy, Oakland County, the State of Michigan 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 non-commercial in character.
Violation of the above provisions in the City of Troy are civil infractions subject to the provisions of the Code of the City of Troy. Each day that such a violation continues is a separate civil infraction violation. Sanctions for each violation shall include a fine of not more than $500, costs, damages, and injunctive orders as authorized by the Troy City Code.
9.8 Abandoned Iceboxes, Refrigerators, etc. Any person who knowingly leaves, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container of any kind and size sufficient to permit the entrapment and suffocation of a child therein, without first removing the nap lock or other locking device from the lid or cover thereof, is guilty of a misdemeanor.
9.9 Radio and Television Interference.
No person shall maintain or operate any equipment, device, appliance, or apparatus in the city which generates or causes high frequency oscillations which interfere with radio or television transmitting or reception, except, that x-ray pictures, examinations, or treatments and diathermy treatments may be made if the machine or apparatus therefor is equipped to avoid all unnecessary interference and is not negligently operated.
The operation of any machine, mechanical device, electrical device or thing that interferes with, or causes static in the operation of the police radio system is hereby declared to be a public nuisance.
Violation of the above provisions concerning radio and television interference in the City of Troy are civil infractions subject to the provisions of the Code of the City of Troy. Each day that such a violation continues is a separate civil infraction violation. Sanctions for each violation shall include a fine of not more than $500, costs, damages, and injunctive orders as authorized by the Troy City Code.
Littering
9.13 Deposits of Unwholesome Substances. No person shall, within the limits of the City of of Troy, by himself or by another, throw, place, deposit or leave in the street, lane, alley, public place or private lands, any animal or vegetable substances, dead animals, fish, shavings, dirt, rubbish, excrement, filth, unclean or nauseous water or liquor, hay, straw, soot, offal, garbage, swill, or any other article or substance whatever which may cause any offensive, unwholesome, or nauseous smell, or endanger the health of the public.
9.15 Paper, Rubbish. No person shall throw or place, or thorough insecure fastening, or otherwise, cause or suffer to be placed or thrown or to fall in or upon any public street, alley, sidewalk, or other public thoroughfare or any public park or private property of the City of Troy, any loose paper or other rubbish of any nature.
9.16 Injurious Substances. No person shall by himself or by another, throw, place, deposit or leave in any street, highway, lane, alley, public place or square, or in any private place or premises, any glass, broken or unbroken, or any metal, stone, earthward, tacks, cinders or other substances of a nature likely to cause injury to travelers or pedestrians, automobiles, bicycles, or vehicles, or to injure any horse or other animal or which might injure, cut or puncture any pneumatic tire.
Violation of the above provisions concerning littering (except regarding injurious substances) in the City of Troy are civil infractions subject to the provisions of the Code of the City of Troy. Each day that such a violation continues is a separate civil infraction violation. Sanctions for each violation shall include a fine of not more than $500, costs, damages, and injunctive orders as authorized by the Troy City Code.
Abatement
9.19 Abating Nuisances. In the event that any officer of the City of Troy shall determine that there exists a nuisance within the meaning of this Chapter and Code, such officer shall cause a notice to be served on the owner or occupant of the premises on which said nuisance exists, requiring such person to abate said nuisance within the lime specified on the notice. Service of the notice shall be made in accordance with Chapter 1 of the Troy City Code. In the event such person fails to abate said nuisance in accordance with the notice, the City of Troy shall do so and the cost thereof shall be charged against the owner or occupant of the premises and any payment thereof shall be enforced as a special assessment as provided in this Chapter.
22. Aircraft. The term “aircraft” shall include any and all contrivances now or hereafter used for navigation or flight in the air or space, including but not limited to airplanes, airships, balloons, hovercrafts, dirigibles, helicopters, gliders, amphibians and seaplanes. This definition shall include any type of tethered contrivance. It shall be unlawful for any individual to use or attempt to use any property, building, land or water for landing or taking off of aircraft other than property duly licensed and approved as an airport or heliport.
Exceptions. Emergency transportation of medical patients and personnel and supplies; Building construction sites when use is for lifts in construction, providing further that a valid applicable permit has been issued for the work and prior notice to and approval obtained from the City of Troy, Building Department; Aircraft being operated by or under the direction of a Police, Fire or Military officer for public safety related purposes. IT shall be unlawful for any individual to hover or attempt to hover an aircraft over property, building, and or water except in the approach surface of an airport or heliport, as defined in Section 39, Section 41.12.01 of the Troy City Code. To “hover: shall mean the suspension of an aircraft closer to any property, building, land or water than one hundred (100) feet.
23 Mini-bikes
The word “motorcycle” as used in this Chapter means every motor vehicle having a seat or saddle for the use of the rider and designated to travel on not more than three (3) wheels in contact with he ground. In addition, this term shall mean every vehicle not entitled to be licensed for travel upon the public highways of the State of Michigan which is designated primarily for recreational purposes, including but not limited to all-terrain vehicles, go-karts, trail bikes, mini-bikes, or drag bikes. The term shall not include tractors, motor powered lawn mowers, special mobile equipment as defined in the Michigan Vehicle Code, or similar vehicles. All definitions which appear in the Michigan Vehicle Code shall be applicable to such terms when used in this chapter,
No motorcycles shall be operated upon the streets and highways of the City of Troy or other areas open to public motor vehicle travel except in accordance with the Uniform Traffic Code, Chapter 105 of the Troy City Code, and the Michigan Vehicle Code.
No motorcycles shall be operated in any area open to the public for the parking of motor vehicles except for the sole purpose of normal ingress and egress into such parking facilities.
No motorcycles shall be operated upon property owned by the City of Troy, by a public school district, by a community college or by a library, other than areas designated for the parking of motor vehicles, except in accordance with he rules and regulations established for such property by the public body having such jurisdiction.
No motorcycles shall be operated upon any private property not open to the public for the operation of motor vehicles except the owner thereof, members of his immediate family, and persons lawfully residing upon said premises without express written permission of the owner. The written permission shall identify the property for which permission is granted, and his address, the owner of said property and the duration of said permission. The written permission shall be carried upon the person of the permittee and shall be displayed to any law enforcement officer of the City of Troy upon request. No such written permission shall be required if the permittee is accompanied by the owner, a member of his immediate family, or a person lawfully residing upon said property nor shall such written permission be required where the operation of the motor vehicle upon the property is solely for normal ingress and egress to and from a residence, a commercial establishment or other occupancy of the property.
No person shall operate a motorcycle in the City of Troy in such a manner as to create excessive, unusual or unnecessary noise. Every motorcycle so operated shall be equipped with an efficient muffler which will insure noise levels comparable to that of a private passenger automobile. Racing motorcycle engines, or repeated acceleration and deceleration of motorcycle engines except in the course of maintenance of such engines is hereby deemed to be excessive, unusual and unnecessary noise. Abrupt or violent acceleration of a motorcycle, including acceleration which causes the front wheel of the motorcycle to lose contact with the ground, shall be deemed to create excessive, unusual, or unnecessary noise.
No person shall operate a motorcycle on a public or private property while under the influence of intoxicating liquor or narcotic drugs, barbital or an derivative of barbital or when, due to consumption of intoxicating liquor, narcotic drugs, barbital or any derivative or barrel has visibly impaired his or her ability to operate the vehicle or in willful or wanton disregard for the safety of persons, including himself, or property, or in a careless or negligent manner likely to endanger any person or property, in a speed or acceleration contest or for the purpose of making a speed record, whether from a standing start or otherwise over a measured or unmeasured distance, or in a drag race as defined in the Michigan Vehicle Code.
Penalties.
1. Violation of this Chapter is declared to be a nuisance and may be abated by a law enforcement officer of the City of Troy by impoundment of the motorcycle involved by removal to the motor vehicle pound of the City of Troy to be returned as hereinafter provided.
2. Before the owner or persons in charge of such motor vehicles shall be permitted to remove the same from the motor vehicle pound he shall furnish evidence of his identity and ownership, he shall sign a receipt, and he say pay a fee of Ten ($10.00) Dollars to cover the cost of removal, if any, plus the cost of storage.
3. Violation of this Chapter is hereby declared to be a misdemeanor and any person or persons found guilty thereof shall be subject to a fine not to exceed $500 and/or imprisonment for not more than 90 days for each such offense.
According to Troy Criminal Code 98.01.03, in addition to the penalties for any misdemeanors provided above, the court may impose any sanction or remedial measure provided in state law for misdemeanor offenses.
A person who aids, abets, counsels, commands, or procures the commission of the any of the above misdemeanor offenses shall be punished as if that person were the principal. A principal is a person who commits any of the above listed offenses. The word “person” includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
When charged with an offense involving nuisances in Troy, Michigan it is important to hire an experienced local criminal lawyer to assist you. 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.
There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.