ARTICLE V. OFFENSES AGAINST THE PERSON
86-166 Assault; assault and battery.
(a) A person who assaults or assaults and batters an individual, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 plus costs, or both.
(b) A peace officer may arrest a person for violating subsection 86-166(a) regardless of whether or not the peace officer has a warrant, regardless of whether or not there is physical evidence of assault, or regardless of whether or not the violation was committed in his or her presence; if the peace officer has reasonable cause to believe that the violation occurred or is occurring.
(Code 1985, § 16-23; Ord. No. 2074, § 1, 11-20-97; Ord. No. 2132, § 1, 3-28-02)
State law reference—Similar provisions, MCL 750.81(1).
86-167 Domestic assault; domestic assault and battery.
(a) A person who assaults or assaults and batters his or her spouse, or former spouse, an individual with whom he or she has had a dating relationship, as defined in this section, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 plus costs, or both.
(b) A peace officer may arrest a person for violating subsection 86-167(a) regardless of whether the peace officer has a warrant, regardless of whether or not there is physical evidence of domestic abuse, or regardless of whether the violation was committed in his or her presence, if the peace officer has reasonable cause to believe both of the following:
(1) The violation occurred or is occurring; and
(2) The person has had a child in common with the victim, resides or has resided in the same household as the victim, is a spouse or former spouse of the victim, or has had a dating relationship with the victim. A 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 two individuals in a business or social context.
(Ord. No. 2074, § 2, 11-20-97; Ord. No. 2117, § 1, 11-2-00; Ord. No. 2133, § 1, 3-28-02; Ord. No. 2175, § 1, 8-26-04)
Editor’s note—Ord. No. 2074, § 2, adopted Nov. 20, 1997, in effect repealed and reenacted § 86-167 to read as herein set out. The former § 86-167, the provisions of which have been moved to § 86-257, pertained to abandoned refrigerators and containers, and derived from Code 1985, § 16-35.
State law reference—Similar provisions, MCL 750.81(2); MCL 764.15a and OAG 6822.
86-168 Insulting or harassing telephone calls.
(a) No person shall telephone any other person or cause any person to be telephoned for the sole purpose of harassing or molesting such other person or his family, whether or not any conversation ensues, except for telephone calls made for legitimate business purposes.
(b) No person shall use any threatening, vulgar, indecent, obscene, illegal or insulting language over any telephone.
(Code 1985, § 16-33)
86-169 Malicious annoyance by writing.
No person shall knowingly send or deliver or make for the purpose of being delivered or sent, or part with the possession of any letter, postal card or writing containing any obscene language, with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark or other designation, with the intent to cause annoyance to any person within the city or with a view or intent to extort or gain any money or property of any description belonging to another.
(Code 1985, § 16-30)