Michigan Criminal Attorneys Blog
The following are misdemeanor weapons offenses that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.
Sec 46-141. Definitions. The following words, terms, and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Firearms, except as otherwise specifically defined in this Code, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
Sec 46-142. Exemptions. Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.
Sec 46-143. Reckless use and discharge of firearms. Any person who shall discharge any firearms in the city shall be guilty of a misdemeanor. State law reference, Authority to prohibit discharge of firearms. MCL 123.1104.
Sec 46-144. BB guns; use by minors; prohibited generally; exception. No person under the age of 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding 0.177 calibre by means of spring, gas, or air, outside the curtilage of his domicile, unless he is accompanied by a person over 18 years of age. State law reference, similar provisions. MCL 752.891.
Sec 46-145. Destroying or injuring property by careless, reckless or negligent use of bow or arrow. Any person who, because of carelessness, recklessness or negligence, but not willfully or wantonly, shall cause or allow any bow and arrow under his control to be used so as to destroy or injure the property of another, real or personal, shall be guilty of a misdemeanor. State law reference, similar provision, MCL 752.882.
Sec 46-146. Throwing missiles. It shall be unlawful for any person to wrongfully throw or propel any snowball, missile, or object: (1) from any moving automobile; or (2) toward any person or automobile.
Sec. 1-7. General penalty; continuing violations. (a) In this section, the words “violation of this Code” mean any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor, or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(b) In this section the words “violation of this Code” include causing, securing, aiding or abetting a violation of this Code as defined in subsection (a) of this section.
(b) In this section, the words “violation of this Code” do not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period not more than 90 days, or both; However, unless otherwise provided by law, a person convicted of a violation of any of the provisions of this Code that substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both. A person convicted of a violation of this Code shall be responsible for costs. The penalty in this subsection does not apply to any municipal civil infraction.
(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to theory violations, each violation constitutes a separate offense.
(f) The city of Clawson is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code. The city of Clawson is entitled to recover Court costs from any person convicted of a violation of this Code.
(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit, or franchise or other administrative sanctions.
(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement. (Code 1978, section 1-6). State law reference, penalty for ordinance violations, MCL 117.3(k), 117.4i; municipal civil infractions, MCL 117.4l, 600.8701 et seq.
Sec. 46-2. State law misdemeanors. Every act prohibited by State law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city of Clawson shall, upon conviction, be punished by the same penalty provided by State law, except the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.
When charged with a criminal offense in Clawson Michigan it is important to hire an experienced criminal lawyer to assist you. Criminal misdemeanor offenses that allegedly occur in Clawson are prosecuted at the 52-4th Division District Court, which is located at 520 W. Big Beaver Road in Troy, Michigan 48084. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.