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Independence Township


First Reading of an "Amendment to Trespass Ordinance".



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June 27, 2012 - NOTICE IS HEREBY GIVEN that at its Regular Meeting of June 19, 2012 the Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

ORDINANCE # 2012 - ________

THE CHARTER TOWNSHIP OF INDEPENDENCE

PREAMBLE

The Township of Independence has determined it is appropriate and necessary for the health, safety and welfare of the citizens of the Township to amend Chapter 30 of the Code of Ordinances, Charter Township of Independence, Oakland County, Michigan, Chapter 30, Article IV (Offenses Against Property); to amend Section 30-89(b) and create Section 30-89(c) to provide penalty for violation of Section 30-89, pursuant to MCL 750.552 as amended. Therefore,

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. SHORT TITLE. This Ordinance shall be known as and may be cited as the "Amendment to Trespass Ordinance".

Section 2. AMENDMENT TO SECTION 30-89(b). Chapter 30 of the Independence Charter Township Code, Article IV (Offenses Against Property), Section 30-89(b) is hereby amended and shall read as follows:

Section 30-89(b) In all other cases, a person shall not do any of the following:

1). Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.

2). Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

3.) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

Section 3. AMENDMENT TO SECTION 30-89. Section 30-89(c). Chapter 30 of the Indepedence Charter Township Code, Article IV is hereby amended to create Section 30-89(c), which Section shall read as follows.

Section 30-89(c). PENALTY. A person who violates this Ordinance is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.

State Law Reference MCL 750.552, as amended.

Nothing in this Ordinance shall be construed to limit the remedies available to the Township in the event of a violation of this Ordinance.

Section 4. BALANCE OF ORDINANCE REMAINS IN EFFECT.

The balance of Ordinance 30-89 shall remain in full force and effect except as specifically modified herein.

Section 5. SEVERABILITY. If any Section, subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independence portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance.

Section 6. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they are commenced.

Section 7. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

Section 8. NOTICE TO BE PUBLISHED. The Township Clerk for the Charter Township of Independence shall publish this ordinance in the manner required by MCL 42.22

Effective Date: This Ordinance section will be in effect as an Ordinance of the Charter Township of Independence immediately upon its Publication.

CHARTER TOWNSHIP OF INDEPENDENCE

Barbara A. Pallotta, Township Clerk

Published: June 27, 2012

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