Title
An Ordinance to Amend Chapter 108 (Disorderly Conduct) of Title IX of the Code of the City of Ann Arbor to Add a New Section 9:69 (Trespass) (Ordinance No. ORD-19-03)
Memorandum
Attached for your review and consideration is an ordinance to adopt a misdemeanor trespass City Code violation to existing Chapter 108. This ordinance is presented for consideration by Councilmembers Julie Grand and Ali Ramlawi. It is supported by the City's Human Rights Commission and by the Ann Arbor Police Department. As drafted, the proposed ordinance and corresponding penalty mirror MCL 750.552, but omits section (1) (c) that pertains to fenced or posted farm property.
Adopting the proposed Trespass Ordinance will afford the Ann Arbor Police Department the option to cite an individual for criminal trespass under the City Code, in lieu of sending a warrant request to the County Prosecutor's Office. The issuance of a trespass citation under the City Code will afford the receiving party an immediate notice as to when to appear in the 15th District Court.
The process of waiting for the County Prosecutor's Office's review of a warrant request under state law may take several weeks or even months after the incident. Following the issuance of a Criminal Complaint (formal charges) under the state law, the court then provides a mailed notice of an arraignment date to the defendant's last known address. Failure to appear most often results in the issuance by the Court of Orders to Show Cause and eventually Bench Warrants for the arrest of the defendant.
This ordinance will provide an expedited process for a defendant to address their citation in court.
Staff
Prepared by: Arianne Slay, Senior Assistant City Attorney
Reviewed by: Robert Pfannes, Interim Chief of Police
Approved by: Howard S. Lazarus, City Administrator
Body
(See Attached Ordinance)
ORDINANCE NO. ORD-19-03
First Reading: January 22, 2019 Approved: February 4, 2019
Public Hearing: February 4, 2019 Publis...
Click here for full text