Source: Sherman Publications

Remove Images

Independence Township
First Reading of an Ordinance to Amend Certain Provisions of the Independence Charter Township Code “Breaking and entering or entering without breaking”,

January 30, 2013

NOTICE IS HEREBY GIVEN that at its regular meeting on January 8, 2013, The Charter Township of Independence Board of Trustees approved a First Reading of an Ordinance to Amend Certain Provisions of the Independence Charter Township Code as follows:

ORDINANCE # 2013 - 01

THE CHARTER TOWNSHIP OF INDEPENDENCE, OAKLAND COUNTY, MICHIGAN

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 create a new section Section 30-98, "Breaking and entering or entering without breaking", and to provide penalties for violation of Section 30-98 pursuant to MCL 750.115, 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 "Breaking and entering or entering without breaking" Ordinance.

Section 2. AMENDMENT TO SECTION 30-98. Chapter 30 of the Independence Charter Township Code, Article IV (Offenses Against Property), Section 30-98, previously reserved, is amended by adding a new Section 30-98, which shall read as follows:

Section 30-98: Breaking and entering or entering without breaking.

(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.0 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty or a misdemeanor.

(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of his duties as a peace officer.

State law reference MCL 750.115 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 3. 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 4. 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 5. 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 6. 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.

Adopted:_______________, 2013

Published:______________, 2013

Effective: _____________ , 2013