ARTICLE VI. OFFENSES AGAINST PROPERTY
DIVISION 1. GENERALLY
86-191 Larceny.
A person shall commit the offense of larceny by stealing the personal property of another, or any money, goods, or chattels, banknote, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order or certificate, or any book of accounts for or concerning money or goods due or to become due or to be delivered, or any deed or writing containing a conveyance of land or any other valuable contract in force or any receipt, release of defeasance, or any writ, process or public record, if the property stolen shall be in the value of $200.00 or less. If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or three times the value of the property stolen, whichever is greater, or both imprisonment and a fine.
(Code 1985, § 16-91; Ord. No. 2095, § 1, 4-1-99)
State law reference—Larceny, MCL 750.356.
86-192 Larceny by false pretenses.
No person shall engage in any fraudulent scheme, device or trick for the purpose of obtaining money or other valuable thing.
(Code 1985, § 16-92)
State law reference—Larceny by false pretenses, MCL 750.363.
86-193 Retail fraud; penalty.
A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or three times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:
(1) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00
(2) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00
(3) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.
(Code 1985, § 16-93; Ord. No. 2095, § 1, 4-1-99)
86-194 Breaking or entering coinbox or other receptacle.
(a) No person shall, by and with the aid and use of any key, instrument, device or explosive, break or attempt to break, or force or attempt to force an entrance into any coinbox, depository box, newspaper coinbox or other receptacle not his own.
(b) No person shall, without making payment for any article of merchandise or service, extract or obtain, or attempt to extract or obtain, from any coinbox or receptacle, anything of value deposited or contained in the receptacle or coinbox.
(Code 1985, § 16-89)
86-195 Defrauding public accommodations, proof; exception.
(a) No person shall obtain food, lodging or other accommodation at any hotel, motel, inn, boardinghouse, eating house or roominghouse or place, or any other lodging place, with the intent to defraud the owner or keeper thereof.
(b) Proof that lodging, food and other accommodations were obtained by false pretense or fictitious show of any package or other property; or that the person gave a check or negotiable paper on which payment was refused; or that the person left the hotel, motel, inn, boardinghouse, eating house or roominghouse or place, or other lodging place, without paying or offering to pay for the food, lodging or other accommodation; or that the person surreptitiously removed or attempted to remove the package or property; or that the person registered under a fictitious name, shall be prima facie proof of attempt to defraud.
(c) This section shall not apply where there has been an agreement in writing for delay in payment.
(Code 1985, § 16-28)
State law reference—Defrauding innkeepers, MCL 750.292, 750.293.
86-196 Burglars tools; altering keys.
(a) No person shall have in his possession any burglar’s nippers, pick-lock, skeleton key, bit jimmy or any other burglar’s instrument or tool unless such possession is innocent or for a lawful purpose.
(b) No person shall make or alter or attempt to make or alter any key or other instrument that will open the lock of a building unless requested to do so by some person having the right and authority to make such request.
(Code 1985, § 16-29)
State law reference—Possession of burglary tools, MCL 750.116.
86-197 Possession of stolen property.
A person shall not buy, receive, possess, conceal, or aid in the concealment of stolen, embezzled, or converted money, goods or property knowing the money, goods or property is stolen, embezzled, or converted.
If the property purchased, received, possessed, or concealed has a value of less than $200.00, a person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or three times the value of the property purchased, received, possessed, or concealed, whichever is greater, or both imprisonment and a fine.
(Code 1985, § 16-94; Ord. No. 2095, § 1, 4-1-99)
State law reference—Receiving stolen property, MCL 750.535, 750.536.
86-198 Trespassing on private and public property.
(a) No person shall willfully enter or remain upon the house, lands, premises, building, or any part thereof, of another, including any public property, in violation of a conspicuously posted notice on the property or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing by the owner, occupant or other authorized person.
(b) No person shall neglect, fail or refuse to depart from the house, lands, premises, building or part thereof of another when ordered to do so, either orally or in writing, by any owner, occupant or other authorized person.
(Code 1985, § 16-88)
86-199 Posting bills restricted.
(a) No person shall paint, post or in any manner attach or place upon any of the telephone, telegraph or other poles on or adjacent to any public place in the city, upon any of the sidewalks, or without the consent of the owner or person in control thereof, upon any wall, fence or building along or adjacent to any public place in the city, any bill, poster, sign, advertisement or like matter.
(b) This section shall not apply to any legal notice posted in accordance with the law.
(Code 1985, § 16-90)
86-200 Injuring public property.
(a) No person shall destroy, injure or in any manner deface the engine house, fire apparatus, public pounds, public school buildings, water sewers, streetlamps, lampposts, or any public building or property whatever in the city, whether appurtenances, fences, trees or fixtures, belonging or attached thereto.
(b) The painting of house numbers on public street curbs directly in front of residential property is hereby allowed when done under proper permit and in conformity with rules and regulations established by the director of public works and services.
(Code 1985, § 16-82)
86-201 Tampering with property of public utilities; manhole covers.
(a) No person shall alter, remove, molest or tamper with any wire, fixture, pipe, conduit, meter or other appliance of any waterworks plant, gas, electrical, telephone, telegraph or other company or person operating a similar business, or tap any supply wire or pipes, or fraudulently or secretly extract or use any water, electricity or gas of the plant or company, or uncover or open up any manhole or other opening to any sewer, unless the person so doing is an employee of the company or city, or under authority and direction to do so.
(b) No person other than an employee of the public utility or the city shall leave any manhole or other opening open or unprotected without replacing the fixtures and appliances in their proper place and position.
(Code 1985, § 16-83)
86-202 Tampering with utility wires.
No person shall meddle, tamper with, injure, break, cut, take down or disarrange any telegraph, telephone or electric light pole, fire or police alarm pole or box, or any wire, cord, lamp or other apparatus used in operating or maintaining any telegraph, telephone, electric light or fire alarm, without authority so to do, or post any bills or posters of any kind whatsoever upon any such poles or posts within the city.
(Code 1985, § 16-84)
State law reference—Injuring public utilities, disrupting service, MCL 750.383.
86-203 Damaging or removing city property; penalty; street numbering.
(a) No person shall damage, destroy, deface, remove and/or carry away any real or personal property belonging to the city. Violators shall be liable to the city for the replacement or repair of city property affected, in addition to any other penalty provided in this Code.
(b) The painting of house numbers on public street curbs shall not be deemed a violation of this section when done under proper permit and in conformity with rules and regulations established by the director of public works and services.
(1) The director of public works and services shall establish and adopt uniform rules and regulations governing the size, color and design of all street curb numbers.
(2) The director of public works and services is hereby authorized to issue permits to paint street numbers on curbs.
(3) No person shall paint or cause to be painted any number on public street curbs within the city without first obtaining a permit authorizing such numbering from the director of public works and services.
(Code 1985, § 16-85)
86-204 Defacing public comfort station; posting bills.
No person shall mark, deface or otherwise injure any of the walls, ceiling, floor or other appurtenances of any public comfort station in the city. No person shall post any bill, poster, sign advertisement, or like matter therein or thereon.
(Code 1985, § 16-6)
86-205 Damaging private property.
A person who willfully and maliciously destroys or injures the personal property of another person is guilty of a crime as follows:
If the amount of the destruction or injury is less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00 or three times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.
(Code 1985, § 16-86; Ord. No. 2095, § 1, 4-1-99)
86-206 Removing or damaging property on vacant structure or building.
No person shall remove or in any manner damage any fixture, attachment or other property belonging to, connected with or used in the construction of any vacant structure or building, or break into any vacant structure or building, unless authorized to enter and remove any fixture, attachment or other property belonging to, connected with or used in the construction on any vacant structure or building, whether built or in the process of construction, or damage the structure or building in any way in attempting to enter the structure or building or in removing or attempting to remove any such fixture, attachment or other property belonging to, connected with or used in the construction of the structure or building.
(Code 1985, § 16-87)
86-207 Graffiti; destroying or injuring the property of another; abatement.
(a) Prohibited behavior.
(1) It shall be unlawful for any person to paint, inscribe, write or scrape messages, words, numbers, symbols or any type of picture upon a house, building, structure or other property of another without the express consent of the owner, or to willfully and maliciously destroy or injure any appurtenance to such house, building, structure or property thereof, including lawns, shrubs, trees, pools, gardens and mail receptacles.
(2) It shall be unlawful for any person to use any paint, spray paint, pigment or similar means to injure, deface or destroy public property or the private property of another, including but not limited to the making of any drawing, inscription, design, scribbling, motto, picture, pictograph or other markings, commonly referred to as “graffiti.”
(3) Unless otherwise provided for in this section, any person who is convicted of violating this subsection shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for a term not to exceed 90 days, or by any combination of such fine and imprisonment at the discretion of the court. In addition to such punishment, the court may, in imposing sentence, order the defendant to restore the property so defaced, damaged or destroyed. If a person other than the defendant has previously abated the graffiti, the court may, in addition to any other punishment, order the defendant to pay restitution in an amount equal to the cost of abatement.
(b) Abatement.
(1) It shall be the duty of the owner of any house, building, structure or other property-marked or defaced as defined in this section to remove or paint over such markings so as to minimize the addition of further markings and other blight upon the property. The presence of such markings upon any house, building, structure or other property within the limits of the city is hereby declared to be a public nuisance. Any owner removing markings pursuant to this section shall be entitled to reasonable restitution in an amount determined by the court for the cost of removing those markings, such restitution to be paid by any person convicted under this section of making those markings.
(2) Whenever the supervisor of the city’s building and safety division, the director of the department of public works and utilities, or their designated representatives determines that graffiti on any structure in the city is visible from the street or other public or private property, the supervisor of the building and safety division, the director of the department of public works and utilities, or their designated representatives may issue a written abatement notice to the property owner, or initiate a prosecution against the responsible person violating this section, or both.
(3) The written abatement notice shall be served upon the property owner or person in control of the affected premises, as such name(s) and address(es) appear on the last equalized property tax assessment roll of the Oakland County Equalization Office, and shall provide the property owner or person in control ten days in which to remove the graffiti, or the property shall thereafter be subject to graffiti abatement by the city. Notice shall be issued pursuant to section 22-477 of the Municipal Code. The abatement notice shall be substantially in the following form:
NOTICE OF INTENT
TO REMOVE GRAFFITI
PONTIAC CODE OF ORDINANCE
SECTION 86-207
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti which constitutes a public nuisance on the property located at ____________, Pontiac, Michigan, which is visible to public view, within ten (10) days after the date of this notice; or if you fail to do so, you will be issued an appearance ticket and City employees or private contractors employed by the City will be authorized to enter upon your property and remove or paint over the graffiti. The costs of the abatement by the City’s employees or its private contractors may be assessed upon your property and such costs will constitute a lien upon the land until paid.
(4) Failure of the responsible person or company to comply with the notice of abatement by the designated compliance date shall be deemed a violation of a municipal civil infraction, punishable by a fine of not less than $100.00 or more than $500.00, plus any costs, damages, expenses, or other sanctions. This article is further subject to the repeat offense provision, section 86-501(c)(2) of the Municipal Code. Further, each day on which any violation of this subsection continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court a request for injunctive relief or other process against a person or company to restrain, prevent, or abate any violation of this subsection.
(5) No parent or guardian of any minor under the age of 18 years shall by negligent supervision, or by failure to exercise reasonable parental control, suffer, permit or allow such minor to injure, deface or destroy public property or the private property of another by graffiti. An adjudication that said minor has violated subsection (a) of this section shall be prima facie evidence that said parent or guardian failed to exercise reasonable parental control. A violation of this subsection shall be a civil infraction as defined by MCL 600.113(1)(c) punishable by a civil fine of not more than $500.00 plus costs to be determined by the court or magistrate, which costs may include all expenses, direct and indirect, which the city has incurred in connection with the infraction. In addition to the penalties provided herein, any parent or guardian found responsible for a violation of this subsection shall be liable for damages in an amount equal to the cost to restore or repair the defaced property.
(Ord. No. 2191, § 1, 1-15-06)
86-208—86-215 Reserved.
DIVISION 2. LITTERING1
86-216 Exemption for mail and newspapers.
The provisions of this division shall not apply to the distribution of mail by the United States, nor to newspapers. This exemption does not apply to any type or form of litter that results from bulk delivery of newspapers.
(Code 1985, § 21-10)
86-217 Prohibited acts; dangerous substances on streets.
(a) No person shall, himself or by another, scatter, leave, deposit, put or place on any sidewalk or on any part of any street, lane, alley, park or public place within the limits of the city any earth, ashes, mortar, papers, stone, brick, ice, dirt, manure, filth, excrement, chips, broken bottle, can, glass, tin can, metallic can, or any tack, nail or other sharp substance liable to penetrate feet or footwear, or rubber tires, or any board, shingle or other piece of wood with projecting nails, screws or sharp metallic substances, or litter of any description.
(b) Whenever involuntarily or by accident any person causes or permits any glass, metal or other substance specified in subsection (a) to fall or be on any sidewalk or on the travelled part of any street, he shall remove the substance immediately or cause it to be removed.
(Code 1985, § 21-3)
86-218 Penalty for violation of division.
Any person violating any of the provisions of this division, except section 86-223, shall, upon conviction thereof, be punished by a fine of not less than $100.00 for the first offense, and a minimum of $250.00 for the second offense, and not less than $500.00 for the third or subsequent offenses, and/or imprisonment for a term of 90 days and/or $500.00 maximum, or both, at the discretion of the court, and/or community service may be ordered at the discretion of the court.
(Code 1985, § 21-14)
86-219 Litter in public places; receptacles.
(a) No person shall throw, place, deposit or cause to be thrown, placed or deposited any litter in or upon any public place except in a public receptacle, an authorized private receptacle for private collection, or other receptacle suitable to the nature of the material.
(b) A public receptacle shall not be used for the deposit of garbage except in the case of receptacles in public parks, which are to be utilized for the deposit of all garbage, refuse or litter arising from activities within the park.
(c) A person placing litter in public receptacles or in private receptacles shall do so in a manner so as to prevent such litter from being blown, carried or deposited by the elements upon public places or private property.
(Code 1985, § 21-4)
State law reference—Littering generally, MCL 752.901; depositing litter on another’s property, MCL 750.552a.
86-220 Throwing of litter.
No person shall throw or cause to be thrown litter or any dangerous or offensive substance at a car, vehicle, house, building or fence.
(Code 1985, § 21-5)
86-221 Maintenance of public areas; alleyways; depositing leaves.
(a) No person shall sweep, cast, throw or deposit or cause to be swept, cast, thrown or deposited in any public place the accumulation of litter from a building or lot or from a public or private sidewalk or driveway, except as permitted by this division.
(b) All persons owning or occupying property shall keep the property abutting their premises and lying between the outermost edge of the street right-of-way and the street curb, or the drainage course paralleling the street where there is no curb, free from litter.
(c) All persons owning or occupying property abutting an alley shall be responsible for maintaining free from litter the area between the property line and the centerline of the alley in the case of an unimproved alley, and the area between the property line and the outermost edge of the improved surface in the case of an improved alley.
(d) Nothing in this division shall be construed to prohibit the deposit of leaves in a neat and careful manner in the gutter or any street in the autumn during a period designated by the director of public works and services or his designee. Leaves so placed shall not be piled to a depth of more than 30 inches and no other materials shall be placed in or near such leaves.
(Code 1985, § 21-6)
86-222 Litter from vehicles.
(a) No person shall throw or deposit or dump litter upon a public or private place from a vehicle.
(b) No person shall drive or move a truck or other vehicle unless the vehicle is so constructed, loaded or covered as to prevent any load or contents of litter from being blown, deposited or dumped upon any public or private place.
(c) No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public or private place mud, dirt, sticky substances or matters of any kind which cause or could cause a dangerous situation.
(d) The director is hereby authorized to send written notice to violators to remove illegally deposited litter. If the violator fails to comply with such notice within five days from date of mailing, the city may remove the debris. The violator shall be liable for a civil penalty equal to three times the cost of the removal services. In such case as the litter is determined to be a public hazard, the city may remove the litter immediately and bill the responsible party. This will be separate and apart from any criminal action which may be taken.
(Code 1985, § 21-7)
86-223 Dumping or removing material onto or from public or private property; penalty.
(a) Earth or other materials shall not be dumped, placed on or removed from any premises unless the express, written permission of the owner of such land is obtained and exhibited on request of the enforcing officer by the operator of the vehicle used for loading, transporting or dumping such material. Such permission shall be subject to zoning regulations and to the requirement that no nuisance shall be created.
(b) The provision of this section shall apply to any vehicle owner or individual who causes or permits any dumping in violation of this section. In any proceeding arising from violation of the provisions of this section, it shall be a rebuttable presumption that the individual or owner of the vehicle is that corporation, partnership or individual in whose name the vehicle is registered, or to whom the license plates are issued, or whose name appears on the body of the vehicle, and that the owner of the vehicle was the person who caused or permitted the vehicle to dump in violation of this section.
(c) The Police Department, the Building Department, and/or the Department of Public Works shall investigate the complaint of any witness to an allegedly unauthorized dump upon being provided the identity or description of the individual or the name on the vehicle or the license plate number of the vehicle.
(d) Any individual or vehicle owner convicted for violation of this section shall be punished by a fine of not less than $300.00 and not exceeding $500.00 or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the court, and/or community service may be ordered at the discretion of the court.
(Code 1985, § 21-8; Ord. No. 2340, § 1, 1-26-17)
86-224 Litter on vacant lots.
No person shall throw, place, deposit or permit to be thrown, placed or deposited, upon any public or private lot, litter of any description.
(Code 1985, § 21-9)
86-225 Posting notices.
No person shall post or affix a notice, poster, or other paper or device calculated to attract the attention of the public, to a lamppost, public utility pole or tree in any other manner or place in the public right-of-way or upon any public structure or building except as may be authorized by the owners thereof or required by law.
(Code 1985, § 21-11)
86-226 Litter on occupied or unoccupied property; evictions; vacations.
(a) No person shall throw, deposit or store litter on any occupied or unoccupied private property, whether owned by such person or not.
(b) The owner or person in control of private property shall maintain private receptacles for collection and removal of litter in such a manner that the receptacles shall not be unsightly and detrimental to the surrounding neighborhood.
(c) No person shall place, deposit, store or cause to be placed, stored or deposited litter, refuse or any other type of unacceptable material resulting from an eviction, whether by court order or otherwise, or by voluntary vacation, unless the placing, depositing or storage is accomplished in accordance with the rules, regulations and schedules issued by the director of public works.
(Code 1985, § 21-12; Ord. No. 2254, § 1, 4-17-12)
86-227 Owner to maintain premises free of litter.
(a) The owner or person in control of private property shall maintain the premises free of litter at all times.
(b) This section shall not prohibit the storage of litter in private receptacles for collection.
(Code 1985, § 21-13)
86-228—86-250 Reserved.
Cross reference—Advertising, ch. 6.