FORWARD

 

The Board of Control of Northern Michigan University, at its regular meeting of January 16, 1971, adopted ordinances for the protection, benefit, government, and control of persons and property with the boundaries of lands under its jurisdiction.  These ordinances were revised by the Board of Control several times and most recently at its August 3, 2001, meeting.

 

University ordinances apply equally to all persons.  Alleged violations shall be adjudicated in the 96th District Court, located at the County Courthouse, Marquette, Michigan.  Violations of ordinances may result in fines up to $100 and/or imprisonment in the county jail for as long as 90 days.

 

Ordinances can be enforced by Michigan certified police officers of the Department of Public Safety and Police Services.  Officers may arrest violators of the ordinances and take them directly to the Magistrate of the 96th District Court, or may issue an appearance ticket requiring the arrested person to appear in court at a designated time.  Citizens may file complaints at the Department of Public Safety and Police Services or at the 96th District Court.

 

If any of the ordinances or any part of any such ordinance shall be adjudged invalid by a court of competent jurisdiction, then such adjudication shall affect only that ordinance or part of an ordinance and shall not affect the validity of these ordinances as a whole or any provision or part of any such ordinance not so adjudged invalid.

      CONTENTS

 

Page

Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . . . . .          .  .1a

 

Introduction to Northern Michigan University Ordinances

Statement of Purpose

Effectiveness of Ordinances

Authority of Board of Control

Official Copy of Ordinances

Misdemeanor-Penalty

Definitions. . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .                 3a

 

1.00              Alcoholic Beverages: Possession or Use of. . . . . . . . . . . . . . . . . . . . . .              4

2.00              Buildings: Use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3.00              Camping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                     4

4.00              Dangerous Materials. . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   4

5.00              Disorderly Conduct . . . . . . .   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 4

6.00              Conduct Disruptive of University Affairs . . .  . . . . . . . . . . . . . . . . . . . . . . . . .4-5

7.00              Improper Use of Electronic Devices . . . . . . . .  . . . . . . . . . . . . . . . . . . .                5

8.00              Fire . . . . . . . . . . . . .                    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

9.00              Building Evacuation. . . . . . . . .       . . . . . . . . . . . . . . . . . . . . . . . . . . .                 5

10.00            Fireworks. . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                    5

11.00            Fraudulent Receipt of Goods or Services . . . . .. . . .   . . . . . . . . . . . . . . . . . . . . .6

12.00            Gate-Crashing  . . . . . . . . . . . . .. . . .         . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

13.00            Identification . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .                   6

14.00            Noise . . . . . . . . . . . .  .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  6

15.00            Animals . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .  6-7

16.00            Plants, Trees and Shrubs  . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .   7

17.00            Posting . . . . . . . . . . . . .                  . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 7

18.00            Property: Lost, Found, or Abandoned              . . . . . . . . . . . . . . . . . . . . . . . . .. . 7-8

19.00            Snowmobiles, Model Airplanes (Motorized), All-Terrain Vehicles (ATV) .       . . 8

20.00            Soliciting, Selling, and Publicizing . . . . . .              . . . . . . . . . . . . . . . . . . . . . . 8

21.00            Use of Tobacco Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8           

22.00      Weapons and Explosives . . . . . . . . . . . . .    . . . . . . . . . . . . . . . . . . . . . . . . . 8-9

23.00            Wildlife  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9

24.00            Skateboarding and Rollerblading or Skating . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9

25.00            Crimes Against Property     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9

26.00            Crimes Against Persons . . . . . . . . . . . . . . . .         . . . . . . . . . . . . . . . . . . . . . 9-10 

 

 

INTRODUCTION  TO

NORTHERN  MICHIGAN  UNIVERSITY ORDINANCES

 

* * * * * *

 

 

STATEMENT OF PURPOSE

The Northern Michigan University Board of Control has determined that ordinances for the protection, benefit, government and control of persons and property within the boundaries of lands under the jurisdiction of the Board of Control are essential to secure the successful operation of the University, maintain good order, promote the designed objectives of the University, and obviate unnecessary and improper interferences with University activities and the lawful activities of those coming upon such lands.  The Board of Control, therefore, adopts the following ordinances.

 

EFFECTIVENESS OF ORDINANCES

The following ordinances, and any amendments thereto hereafter adopted by the Board of Control, shall be effective upon publication in a newspaper regularly circulated within Marquette County, Michigan.

 

AUTHORITY OF BOARD OF CONTROL

The following ordinances are adopted by the Board of Control pursuant to and in accordance with the authority granted to it by Michigan Public Act No. 222 of 1970, and as amended; MCL 390.591.

 

OFFICIAL COPY OF ORDINANCES

An official copy of these ordinances, and all subsequent amendments thereto, shall be maintained available for public inspection in the office of the Secretary of the Board of Control, the office of the Dean of Students, and the Department of Public Safety and Police Services.

 

MISDEMEANOR-PENALTY

Any person who shall refuse or fail to conform to the ordinances herein adopted shall be deemed guilty of a misdemeanor and, upon conviction thereof, may be fined and/or imprisoned in jail, as provided by law.

 

DEFINITIONS

1.   The singular number, as used in these ordinances, includes the plural and the plural includes the singular.

2.   The term "person" as used in these ordinances includes, unless a contrary intention appears, individual persons, groups of individuals, public and private corporations, partnerships, and unincorporated or voluntary associations.

3.   The term "campus" as used in these ordinances means all property wheresoever situated, owned, or held by the Board of Control in its capacity as the governing board of Northern Michigan University.

 

 ORDINANCES

 

 

1.00              ALCOHOLIC BEVERAGES:  POSSESSION OR USE OF

 

No person shall possess, consume, or use alcohol on the campus of Northern Michigan University or while in or on any property belonging to or under the control of the University, except as permitted by the Board of Control or its designee.

 

2.00              BUILDINGS: USE OF

 

No persons shall enter or remain in any University building during hours when such building is closed unless they shall have been previously granted by proper authority permission to enter or remain in such building. 

 

3.00              CAMPING

 

No person shall abide in any lean-to, trailer, tent, tent camper, or other temporary shelter facility at any place on the campus unless such abiding is approved by the Director of Public Safety and Police Services.

 

4.00              DANGEROUS MATERIALS

 

No person shall, at any place on the campus, possess, mix, or experiment with any chemical or explosive material, which may be injurious to the lives and safety of any person or property.

 

5.00              DISORDERLY CONDUCT:

 

Persons shall be guilty of disorderly conduct if, they cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by:

 

5.01        Engaging in fighting or in violent, tumultuous, or threatening behavior; or

a.       Make unreasonable noise; or

b.       In a public place use speech that, as defined by applicable case law, constitutes fighting words, obscenity, defamation, or has the effect or likelihood of inciting imminent unlawful action.

 

5.02        Obstructing vehicular or pedestrian traffic; or creating a hazardous or physically offensive condition.

 

5.03        The following definitions apply in this sub-section:

a.       "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, public streets and sidewalks, stadiums, other outdoor portions of the campus, and hallways, corridors, lobbies, classrooms, auditoriums, administrative offices, and other portions of university buildings which do not constitute rooms designed for actual residence.

                  b.       To "obstruct" means to render impassable without unreasonable inconvenience or hazard.

 

6.00          CONDUCT DISRUPTIVE OF UNIVERSITY AFFAIRS

 

6.01        No persons shall deliberately hinder, impede, or disrupt the academic or administrative work of members of the University community by intruding into the areas where such work is normally conducted with conduct inappropriate to the place and purpose of such work.

 

6.02        No persons shall deliberately hinder, impede, or disrupt any graduation, banquet, or similar University ceremonial function by engaging in conduct inappropriate to the place and purpose of such function.

6.03        No persons shall deliberately hinder, impede, or disrupt any instructional, theatrical, athletic, social, recreational, or other event or activity held on University property by engaging in conduct inappropriate to the place and purpose of such event or activity.

 

6.04        If the President of the University or designee attends a demonstration, assembly, rally, or other gathering on the University campus and concludes on the basis of personal observation that the effect of such demonstration, assembly, rally, or other gathering would, if considered as the result of deliberate acts by individual persons, constitute a violation of any of the provisions of subsections .01 through .03 of this regulation, the President or designee may:

(1) Declare the demonstration, assembly, rally, or other gathering to be a disruptive assembly;

(2) Issue, or cause to be issued, to the participants in such assembly a notice of such declaration reasonably suited to reaching the participants under the circumstances, and

(3) Direct the participants that they must disperse or vacate the premises within ten minutes.

 

6.05        No persons shall participate in, join, or assist any disruptive assembly duly declared to be such under the provisions of the preceding subsection; nor shall any persons remaining in the immediate vicinity of a disruptive assembly which has failed to disperse after expiration of the aforementioned ten (10) minute period refuse to identify themselves correctly upon request by an official of the University.

 

6.06        No persons shall willfully remain in an area, which the person has been directed to vacate under subsection .04 (3) when in so remaining on the premises, the persons= presence constitutes;

(1) A clear and substantial risk of physical harm or injury to other persons, or of damage to or destruction of University property, or;

(2) An unreasonable prevention or disruption of the customary and lawful functions of the University by occupying necessary space or by use of force, or by threat of force.

 

7.00    IMPROPER USE OF ELECTRONIC DEVICES

 

No person shall use any form of electronic device (e.g., telephone, computers, fax machines, AUDIX) for the purpose of harassing or molesting another person whether or not conversation ensues.

 

7.01        No person shall use any language that, as defined by applicable case law, constitutes fighting words, obscenity, defamation, or has the effect or likelihood of inciting imminent unlawful action over any form of electronic media.

 

7.02        No person shall make false reports of death or injury over an electronic device.

 

7.03        It shall be unlawful to summon, as a joke, prank or otherwise, without any good reason therefore, by electronic media or otherwise, the police, fire department, ambulance service or any delivery service, to go to any address where the service called for has not been ordered or required.

 

8.00    FIRE

 

It shall be unlawful for any person to set a fire or create an open flame at any place on any lands or in any buildings on the campus except in fireplaces, stoves, and grills designated for that purpose, unless otherwise approved by the University Fire Marshal or Director of Public Safety and Police Services.

 

9.00    BUILDING EVACUATION

 

No person shall knowingly disregard a fire alarm signal or refuse to evacuate a building or a section of a building where a fire alarm is sounding.

 

10.00  FIREWORKS

 

No person may possess any firecrackers or fireworks in any building and may not explode or cause to explode firecracker or other fireworks on property owned or controlled by the University.

 

 

11.00  FRAUDULENT RECEIPT OF GOODS OR SERVICES

 

11.01      No person shall stay overnight in a residence hall room in which they are not registered by authorized personnel as a resident or as an overnight guest.

 

11.02      No person shall receive food from a residence hall food service area unless they (1) have a food service contract; (2) pay for the meal at the entrance to the serving area; or (3) have a guest meal ticket.

 

11.03      No person shall use laundry facilities (washers & dryers) in University housing unless they have a residence hall room contract or an apartment lease with the University.

 

12.00  GATE-CRASHING

 

No persons shall enter or attempt to enter into any dance or social, athletic, theatrical, or other event held on University property without a ticket of admission to such event when such tickets are required, or enter or attempt to enter contrary to any established rules or qualifications for eligibility for attendance at such events as provided by the sponsors.

 

13.00  IDENTIFICATION

 

No persons shall use an identification card, key or key card, University fee card, or other official identification which is not rightfully theirs for the purpose of gaining entry into a University building, activity, or event or obtaining a service of any kind from the University.

 

14.00 NOISE

 

It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unusually loud noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others on or near any property owned or controlled by Northern Michigan University.

 

14.01      The use, operation, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, bullhorn, or other machine or device for production or reproduction of sound in such a manner as to disturb the peace, quiet, and comfort of members of the University community, University guests, or University neighbors or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room is prohibited.

 

14.02      The operation of said devices in such a manner as to be plainly audible at a distance of thirty (30) feet from the building, structure, vehicle, or place in which it is located or which is plainly audible in a dwelling unit other than that in which it is located shall be prima facie evidence of a violation of this section.           

 

14.03      It shall be unlawful for any public speaker to disrupt the normal activities of the University; e.g., classroom activities, pedestrian or vehicular traffic, egress or ingress to buildings, by amplified device, spoken word, if plainly audible at a distance of thirty (30) feet from the building, structure, or place in which the speaker is located or any other manner.

 

15.00  ANIMALS

 

For the purposes of Ordinance Sections 10.01-20-06 inclusive, the following definitions shall apply:

 

a.         Pet.  The term "pet" shall mean any animal of a type which may be kept, owned, or controlled, including specifically, but not limited to any cat, dog, horse, bird, rabbit, rat or other rodent, snake or other reptile, frog or other amphibian and any scorpion, spider or other stinging or biting insect, or laboratory animals.

 

b.         Restraint.  The term "restraint" shall mean a leash or lead not over 6 feet in length firmly attached to a collar worn around the neck of a pet and held in the hand of a responsible person so as to restrain the movements of such pet.

 

c.         Service animals are animals trained to assist people with disabilities in the activities of normal living.  The American with Disabilities Act (ADA) definition of services animals is “...any ...animal individually trained to do work or perform asks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

 

15.01      No person shall, within the confines of any building owned, or leased by the University, including specifically, but not limited to University residence alls and apartments, keep, harbor, or have under possession or control any pet, nor shall any person introduce or release or cause to be introduced or released any pet within the confines of any such building.

 

15.02      No person shall introduce, cause to be introduced, or have under possession or control on any lands or property owned or leased by the University, any pet except a dog which is duly licensed as provided by applicable State law and which is under restraint.

 

15.03      No person shall, on any lands or property owned or leased by the University, permit any pet under possession or control to:

a.       Deposit fecal matter without the person responsible for the pet removing the same.

b.       Attack or bite any other person or animal

c.       Destroy, damage, or deface any property, or

d.       Make any loud noise.

 

15.04      No person shall, while on any lands or property owned or leased by the University, attach any pet to any stationary object, or seize, tease, molest, or injure any pet, trained animal or fish.

 

15.05      In the event of any violation of Ordinance Sections 12.01-12.05 a police officer from the office of Public Safety and Police Services may seize and impound any pet involved in such violation, or may issue a citation to any person committing such violation, summoning such person to appear in court, or both. 

a.       The cost of such action shall be the responsibility of the owner.

b.       Each day that a violation is continued or permitted to exist, and each pet involved in a violation, shall constitute a separate offense punishable upon conviction as herein provided.

 

  15.06      This ordinance shall not apply to trained service animals for persons with documented disabilities, or as approved by the Director of Public Safety and Police Services.

 

16.00  PLANTS, TREES AND SHRUBS

 

No person shall break, cut branches, flowers, or fruit from or otherwise mutilate any tree, shrub, or plant or remove there from any identification sign or tag at any place on the University campus.

 

17.00  POSTING

 

No person shall post or affix any hand bill, sign, announcement, or any other writing upon any fence, wall, pole, post, tree, vehicle, or upon any part of any structure located on the campus of Northern Michigan University, except upon such bulletin boards or similar facilities as may be designated for such purpose; provided, however, that this prohibition shall not apply to affixing posters, pictures and the like to the walls of the University Center and University residence halls and apartments in posting areas in the manner permitted by University regulations.

 

18.00  PROPERTY: LOST, FOUND, OR ABANDONED

 

18.01      Lost, Found, or Abandoned Property:  It is the responsibility of the Director of Public Safety and Police Services or designee to maintain, account for, and dispose of all lost, found, or abandoned property in accordance with these ordinances and the policies and procedures of the Public Safety and Police Services Department. 

 

 

18.02      The Public Safety and Police Services Department is designated as the central repository for all lost, found, and abandoned property recovered on property owned or controlled by the University.

 

18.03      It shall be the duty of the Director of Public Safety and Police Services or designee on receiving satisfactory proof of ownership, to release such property to the owner thereof on payment of any necessary and reasonable expenses which may have been incurred in the recovery and preservation of such property.

 

18.04      It shall be the duty of the Director of Public Safety and Police Services or designee to dispose of all unclaimed lost, found and abandoned property in accordance with the policies and procedures of the Department of Public Safety and Police Services. 

a.       Lost and found property will be held for 90 days prior to disposal. 

b.       Abandoned property will be held for 30 days prior to disposal.  Unclaimed property which is still of use will be donated to local recognized charities.                                           

c.       Unclaimed bicycles will be sold at local auction and the proceeds will be placed in the General Fund of the University.

d.       Unclaimed cash will be placed in the General Fund of the University.

 

19.00  SNOWMOBILES, MODEL AIRPLANES (MOTORIZED), ALL-TERRAIN VEHICLES (ATV).

 

No person shall operate a snowmobile, motorized model airplane, or all-terrain vehicle on any property owned or controlled by the University.

 

20.00  SOLICITING, SELLING, AND PUBLICIZING

 

20.01      No person shall engage in soliciting or selling any non-University services, activities, or goods, or take orders to make contracts for the purchase or delivery thereof, or sell or offer for sale tickets for services, activities or goods, or solicit for any purpose whatsoever, at any place on the campus without written permission from the Dean of Students; provided, however, that the provisions of this ordinance shall not prohibit the sale of student publications when such sales conform to the provisions of the policy entitled "Distribution or Sale of Student Publications and Other Written Materials."

 

20.02      No person shall erect or otherwise display any sign or poster in any building or upon property owned or governed by the University which advertises or otherwise calls attention to any non-University product, service, or activity without permission from the Dean of Students.

 

21.00  USE OF TOBACCO PRODUCTS:

 

No person shall smoke or otherwise use tobacco products in any facility or vehicle owned, operated, or under the control of Northern Michigan University except in designated rooms, University apartments, or other areas identified by smoking permitted or tobacco use permitted signs. 

 

22.00  WEAPONS AND EXPLOSIVES

 

22.01      "Weapon" as used herein shall mean and include any rifle, shotgun, handgun, or other lethal or dangerous device which is capable of casting a projectile by explosion, air, gas, or mechanical means, irrespective of whether such rifle, shotgun, handgun, or other device is loaded or otherwise ready for use.

 

22.02      "Explosive Device" as used herein shall mean and include any chemical element or any mixture or compound of any materials which is intended or commonly used for the purpose of producing explosion and which is contained or packaged in such proportions or quantities that an ignition by fire, friction, concussion, percussion, or detonation may cause an explosion injurious to persons or property.

 

22.03      No persons, except those persons specified in sub-section .04 hereof, shall use, carry, transport, store or possess (whether on their person or subject to their control) any Weapon or any explosive device at any place on the campus of Northern Michigan University.

 

22.04      Sub-section .03 of this Ordinance shall not apply to:

 

a.   Any certified law enforcement officer who has been duly appointed by the government of the United States, the State of Michigan, or any county, municipality, or other political subdivision of the State of Michigan.

 

b.       Any person who is a member of a group or class of persons specifically exempted by the Board of Control of Northern Michigan University or their designee.

 

c.       Any person who is affiliated with Northern Michigan University and who is transporting any weapon directly to or from Public Safety and Police Services to or from an off campus site.

                                              

23. 00       WILDLIFE

 

The campus of Northern Michigan University is hereby designated as a wildlife, fish, and bird sanctuary, and the shooting or taking or molesting of wildlife is prohibited.

 

24. 00       SKATEBOARDING AND ROLLERBLADING OR SKATING

 

Skateboarding and rollerblading or skating is prohibited on campus except for outdoor transit between destinations.

 

25.00      CRIMES AGAINST PROPERTY

 

  25.01    It shall be unlawful for any person to steal the property of another person.  (MCL 750.356)

 

  25.02    It shall be unlawful for any person to receive, possess, conceal, or aid in the concealment of stolen, embezzled or converted property, knowing that the property was stolen, embezzled or converted.  (MCL 750.535)

 

  25.03    It shall be unlawful for any person to enter, with or without breaking, any building or structure, whether occupied or unoccupied, without permission of the owner or occupant.  (MCL 750.115)

 

  25.04    It shall be unlawful for any person to willfully and maliciously destroy or injure the personal property of another (MCL750.377)

 

26.00      CRIMES AGAINST PERSONS

 

  26.01    It shall be unlawful for any person to commit an assault or assault and battery upon another person.  (MCL 750.81)

 

  26.02    It shall be unlawful for any person to engage in a willful course of conduct involving repeated or continuing harassment of another, the conduct being such that would cause a reasonable person to feel, terrorized, frightened, intimidated, threatened, harassed or molested.  (MCL 750.411)

 

  26.03    It shall be unlawful for any person to commit an assault or assault and battery upon, an individual with whom they: had a child in common, were a resident or former resident of the same household or is their spouse or former spouse.  (MCL 750.81)

 

  26.04    It shall be unlawful for any person to be intoxicated in a public place and endanger directly the safety of another person or property.  (MCL 750.167).

 

  26.05    It shall be unlawful for any person to knowingly or intentionally possess any controlled substance.  (MCL 333.7403)

 

  26.06    It shall be unlawful for any person to willfully obstruct, resist, oppose, assault, beat or wound a public safety officer or police officer, while the officer is engaged in the discharge of his or her duties. (MCL 750.479)

  26.07    It shall be unlawful for any person to enter the lands or premises Northern Michigan University, without lawful authority, after having been forbidden to do so by Director of Public Safety, or his or her designate, or to remain or return after being notified to depart.  (MCL 750.552)