CHAPTER 108
(DISORDERLY CONDUCT)
AN ORDINANCE TO AMEND SECTION 9:61 and 9:62 OF CHAPTER 108
(DISORDERLY CONDUCT) OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR
The City of Ann Arbor ordains:
Section 1. That section 9:61 of Chapter 108 (Disorderly Conduct) of Title IX of the Code
of the City of Ann Arbor be amended as follows:
9:61. - Definitions.
(1) "Dating relationship" means frequent, intimate associations primarily
characterized by the expectation of affectional involvement. “Dating relationship”
does not include a causal relationship or an ordinary fraternization between 2
individuals in a business or social context.
(2) "Harass" is defined as any repeated non-verbal conduct which is specifically
intended to frighten, embarrass or anger the person or persons who are the
object of such conduct or which the person accused has reason to know is likely
to produce such reactions, or as any repeated verbal communications which, by
its very utterance, inflicts injury or tends to incite an immediate breach of peace.
(3) "Loiter": To stand or recline in 1 place or to move slowly about.
(4) "Masculine pronouns": Shall be construed to include both male and female
persons.
(5) "Public place": Any street, alley, park, government-owned or government
controlled building, common hallway or public room or any dwelling of greater
than 2 units, or any other place to which the public has lawful access.
(6) “Interfere with” means to restrict a person's freedom of movement.
(7) “Obstruct” means to render impassable ingress to or egress to or from a
place, or rendering passage to or from such place unreasonably difficult or
hazardous.
(8) “Place of religious worship” means an institution, building, or portion of an
institution or building, where people regularly attend, participate in, or hold
religious services, meetings, and other activities of any religious denomination.
Section 2. That section 9:62 of Chapter 108 (Disorderly Conduct) of Title I of the Code
of the City of Ann Arbor be amended as follows:
9:62. - Acts prohibited.
(1) Assault or Assault and Battery. No person shall commit an assault, or an
assault and battery, upon any person.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(2) Disorderly Person—Intoxicated. No person shall be intoxicated in a public
place and either endanger directly the safety of another person or of property, or
act in a manner that caused a public disturbance. This subsection shall not be
construed to apply to a person whose faculties have been impaired by
medication prescribed by a physician and taken as directed.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(3) Prowling. No person shall knowingly prowl about premises owned or leased
by another without the express or implied consent of that person.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(4) Window Peeping. No person shall knowingly go upon property owned or
leased by another and peep through the window of a building on that property at
any person without the express or implied consent of that person.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(5) Jostling. No person shall jostle or roughly crowd people unnecessarily in a
public place.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(6) Blocking the Sidewalk. No person shall conduct themselves in any public
place, or join with 1 or more other persons in a public place, if they should know
that, singly or together with the others with whom they have joined, the person is
unreasonably obstructing the free and uninterrupted passage of the public along
any street or sidewalk, provided that this paragraph is not to be interpreted to
conflict with the regulations of the National Labor Relations Board regarding
picketing in labor disputes, otherwise engaged a demonstration asserting ones
1 st Amendment right.
A violation of this provision is a civil infraction, punishable by a fine not to exceed
$500.00.
(7) Disturbing the Peace. No person did shall make or excite a disturbance in
either a business place, at an election place, in a street, lane, alley, highway,
public grounds or park, in a public building, at a place of religious worship, or at a
public meeting where people are peaceably and lawfully assembled.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(8) Accosting and Soliciting. No person shall solicit or accost any other person in
a public place for the purpose of inducing participation in an act of prostitution.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(9) Harassment. No person shall knowingly harass any other person.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(10) Resisting and Obstructing. No person shall knowingly obstruct any member
of the Police Force, Fire Department, or any city employee in the discharge of
their lawful duties or fail to obey the lawful order of or resist a Police or Fire
officer, knowing the officer to be a member of the Police Force or Fire
Department.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(11) Urination and Defecation. No person shall urinate or defecate on any public
street or sidewalk, or on the floor or any other part of any building open to the
public, or any other public place not specifically designated for that purpose.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(12) Throwing Objects from/toward Moving Vehicles. No Person shall throw any
object from any moving vehicle or toward any person or moving vehicle if they
know or should know that damage to person or property, or alarm, which may
foreseeably produce damage to person or property, is likely to result.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(13) Destruction of Personal Property. No person shall knowingly destroy,
damage, deface or remove any public property or other property not their own.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(14) Inappropriate Call for Police/Fire Service. No person shall summon, without
any good reason therefor, by telephone or otherwise, the Police Department, Fire
Department, public or private ambulance, or any other public service for
response to go to any address where the service called for is not needed.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(15) Indecent or Obscene Conduct. No person shall engage in any indecent or
obscene conduct in any public place.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(16) Indecent Exposure. No person shall make any indecent exposure of their
person in a public place. Breastfeeding shall not be considered indecent
exposure under this section.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(17) Utility/Cable Theft. No person shall make or maintain an operating
connection to gas, electric, water, sewer, internet, or cable television facilities
without the permission of the owner or provider of such facilities.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(18) False Identification. No person shall intentionally misidentify themselves
when requested to do so by a police officer after the officer observes that person
commit a civil infraction or when the officer has probable cause to believe the
person has committed a misdemeanor.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(19) Crowd Surfing. No person shall pass or assist in the passing of any other
person, with or without that person's consent, above spectators in any event
space.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(20) Cigarette Vending. No person shall maintain a cigarette vending machine at
any location which is open to the public.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(21) Retail Fraud. While in a store or in its immediate vicinity, no person shall do
any of the following:
(a) While a store is open to the public, alter, transfer, remove and replace,
conceal or otherwise misrepresent 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.
(b) While a store is open to the public, steal property of the store that is
offered for sale.
(c) With the intent to defraud, obtain or attempt 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.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
(22) Interference with religious worship. No person shall by force, or threat of
force, or by physical obstruction, knowingly or intentionally:
(a) obstruct or otherwise interfere with the entryway into or exit from a
place of religious worship, for the purpose of rendering passage by that
individual unreasonably difficult or hazardous; or
(b) within fifty feet of a place of religious worship, engage in any course of
conduct, including assaulting, threatening, harassing, or intimidating
behavior, that places an individual in reasonable fear for their safety.
Nothing in this section shall limit the authority or discretion of law enforcement
agencies to establish security perimeters for the purpose of public safety,
including security perimeters that extend beyond fifty feet of distance from a
place of religious worship.
A violation of this provision is a misdemeanor, punishable by up to 90 days in jail
and/or a fine not to exceed $500.00.
Section 3. This ordinance shall take effect on the tenth day after the date of publication.