NOTICE IS HEREBY GIVEN, That a regular meeting
held on July 25, 2017, the Charter Township of Independence
Board of Trustees approved a First Reading of an
amendment to the Township’s Code of Ordinances and
scheduled a Second Reading of the amendment at a
regular meeting to be held on August 8, 2017 to consider
adoption of the ordinance as follows:
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE CHARTER TOWNSHIP OF INDEPENDENCE
ORDINANCE # 2017-TBD
PREAMBLE
The Charter 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, Offenses, of the Code of ordinances,
Charter Township of Independence, Oakland County,
Michigan, by repealing Article III, Offenses Against Persons,
Section 30-62, Harassment, and adding a new
Section 30-62 entitled Stalking and Harassment and to
provide penalties for violation thereof. Therefore,
THE CHARTER TOWNSHIP OF INDEPENDENCE
ORDAINS FOR INCORPORATION INTO THE TOWNSHIP
CODE:
Section 1. SHORT TITLE.
This Ordinance shall be known as and may be cited
as the “Stalking and Harassment” Ordinance.
Section 2. AMENDMENT TO CHAPTER 30.
Chapter 30 of the Code of Ordinances, Charter Township
of Independence is hereby amended by repealing
Article III (Offenses Against Persons) Section 30-62
and adding a new Section 30-62, which shall read as
follows:
Section 30-62 Stalking and Harassment; Misdemeanor
a. Definitions
As used in this Section, the following words and phrases
shall have the meanings set forth herein.
1. “Course of Conduct” means a pattern of conduct
composed of a series of 2 or more separate noncontinuous
acts evidencing a continuity of purpose.
2. “Emotional distress” means significant mental suffering
or distress that may, but does not necessarily,
require medical or other professional treatment or
counseling.
3. “Stalking” means a willful course of conduct involving
repeated or continuing harassment of another
individual that would cause a reasonable person to
feel terrorized, frightened, intimidated, threatened,
harassed, or molested and that actually causes the
victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
4. “Unconsented contact” means any contact with another
individual that is initiated or continued without
that individual’s consent or in disregard of that
individual’s expressed desire that the contact be
avoided or discontinued. Unconsented contact includes,
but is not limited to, any of the following:
a. Following or appearing within the sight of that
individual.
b. Approaching or confronting that individual in a
public place or on private property.
c. Appearing at that individual’s workplace or residence.
d. Entering onto or remaining on property owned,
leased, or occupied by that individual.
e. Contacting that individual by telephone.
f . Sending mail or electronic communications to that
individual.
g. Placing an object on, or delivering an object to,
property owned, leased, or occupied by that individual.
h. Striking, shoving, kicking, or otherwise touching
a person or subjecting a person to physical contact.
5. “Harassment” means conduct directed toward a victim
that includes, but is not limited to, repeated or
continuing unconsented contact that would cause a
reasonable individual to suffer emotional distress
and that actually causes the victim to suffer emotional
distress. Harassment does not include constitutionally
protected activity or conduct that serves a
legitimate purpose.
6. “Victim” means an individual who is the target of a
willful course of conduct involving repeated or continuing
harassment.
b. A person who engages in stalking or harassment is
guilty of a misdemeanor, punishable by imprisonment
for not more than 93 days or a fine of not more
than $500, or both.
c. In a prosecution for a violation of this section, evidence
that the defendant continued to engage in a
course of conduct involving repeated unconsented
contact with the victim after having been requested
by the victim to discontinue the same or a different
form of unconsented contact, and to refrain from
any further unconsented contact with the victim,
gives rise to a rebuttable presumption that the continuation
of the course of conduct caused the victim
to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
d. A criminal penalty provided for under this Section
may be imposed in addition to any penalty that may
be imposed by Township Ordinance for any other
criminal offense arising from the same conduct or
for any contempt of court arising from the same
conduct.
Nothing in this Ordinance shall be construed to limit
the remedies available to the Township in the event
of a violation of this Ordinance.
State law reference MCL 750.411h, as amended.
Section 3. BALANCE OF ORDINANCE REMAINS IN
EFFECT.
Chapter 30 Article III of the Independence Code of Ordinances
is hereby affirmed and remains in full force and
effect, except as specifically modified herein.
Section 4. 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 independent
portion of this ordinance and such holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. 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 were commenced.
Section 6. REPEALER.
All ordinances or parts of ordinances, or Sections of the
Charter Township of Independence Code of Ordinances
in conflict with this Ordinance are repealed only to the
extent necessary to give this Ordinance full force and
effect.
Section 7. 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
Section 8. EFFECTIVE DATE.
The Ordinance shall be effective upon publication in the
manner prescribed by law.
Barbara A. Pallotta, CMC
Clerk of the Charter Township of Independence
Introduced:July 25, 2017
Published: August 2, 2017