Handbill and Posting Regulations
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Questions and Answers

According to the provided text, which entity is primarily responsible for enforcing the "Posting Ordinance?"

  • The Parks and Recreation Department
  • The Police Department (correct)
  • The Zoning Department
  • The City Council

According to the ordinance, what action is generally considered unlawful?

  • Distributing handbills that are not affixed to private property.
  • Posting advertisements on billboards with the owner's consent.
  • Affixing a political sign to a telephone pole without authorization. (correct)
  • Advertising within city parks, adhering to specified park guidelines.

Under what circumstance is posting a notice on private property considered lawful, according to the text?

  • When the notice is smaller than a specified square footage.
  • When the notice is related to a public health emergency.
  • When the owner, lessee, or agent of the property has granted consent. (correct)
  • When the notice is for a non-profit organization

Which activity is NOT explicitly mentioned as potentially violating the advertising restrictions outlined in the text?

<p>Distributing unattached flyers to residences. (C)</p> Signup and view all the answers

What is the primary distinction between the "Posting Ordinance" and the "Handbill Distribution Ordinance"?

<p>The Posting Ordinance focuses on affixed advertisements, while the Handbill Distribution Ordinance addresses unattached printed materials. (C)</p> Signup and view all the answers

A local business owner wants to advertise an event by placing signs around the city. Which of the following actions would be permissible based on the text?

<p>Securing permission to display a sign on a privately-owned billboard. (C)</p> Signup and view all the answers

A government employee needs to post a temporary notice on a telephone pole regarding an upcoming road closure. Under what condition is this action permissible, based on the text?

<p>If the notice is related to an official government function. (A)</p> Signup and view all the answers

What is the primary concern addressed by regulating the distribution of commercial handbills?

<p>Protecting public health and safety from the adverse effects of unrestricted handbill distribution. (D)</p> Signup and view all the answers

How does the regulation of handbills balance commercial interests with individual rights?

<p>By distinguishing between commercial handbills and noncommercial handbills, protecting the right to disseminate unrestricted information while regulating commercial distribution. (D)</p> Signup and view all the answers

A local resident has posted a clear notice on their property stating "No Handbills." According to the regulations, what action is permissible?

<p>Distributing a commercial handbill is not allowed, as it violates the resident's expressed wishes. (B)</p> Signup and view all the answers

Which scenario would classify printed material as a 'commercial handbill' according to the definition provided?

<p>A brochure advertising a local restaurant's menu and prices. (A)</p> Signup and view all the answers

A business owner wants to distribute pamphlets that contain both informational articles and advertisements for their products. Under what condition would these pamphlets be classified as commercial handbills?

<p>If the primary purpose of the pamphlet is advertising, and the reading material is secondary. (D)</p> Signup and view all the answers

Why does the regulation specifically address the 'promiscuous distribution' of commercial handbills?

<p>To control the negative impacts of widespread, indiscriminate distribution on public spaces and resident privacy. (A)</p> Signup and view all the answers

A newspaper publishes an advertisement insert for a local car dealership within its regular edition. Does this insert fall under the definition of a commercial handbill according to the text?

<p>No, because newspapers are explicitly exempt from handbill regulations. (A)</p> Signup and view all the answers

An individual distributes leaflets promoting a political candidate. These leaflets do not advertise any product or service. How are these leaflets classified under the handbill regulations?

<p>As noncommercial handbills, because they disseminate information not related to sales or advertising. (C)</p> Signup and view all the answers

What underlying constitutional principle is acknowledged and protected in the regulation of handbills?

<p>The right to receive and disseminate information freely, within reasonable restrictions. (B)</p> Signup and view all the answers

Which scenario best exemplifies 'provoking' an animal, as defined?

<p>Intentionally teasing a caged bird by mimicking its calls. (A)</p> Signup and view all the answers

A property owner allows a stray cat to stay on their premises for four consecutive days, providing it with food and water. According to the definitions, what is the owner's responsibility?

<p>The property owner is deemed an owner of the cat and is responsible for its actions. (A)</p> Signup and view all the answers

A minor owns a dog that bites someone. Who is legally considered the 'owner' in this situation, as defined?

<p>Only the parents or guardians of the minor are considered the owners. (A)</p> Signup and view all the answers

What constitutes a 'premises'?

<p>An area of private property, including grounds, buildings, and appurtenances. (A)</p> Signup and view all the answers

What scenario would be considered a failure to provide adequate 'shelter'?

<p>Leaving a short-haired dog outside during freezing temperatures without a coat or insulated shelter. (A)</p> Signup and view all the answers

According to the ordinance, what is the penalty for a person who is NOT a retail licensee or their employee, for a first offense of knowingly selling alcohol to a minor?

<p>A $500 fine and up to 60 days imprisonment. (C)</p> Signup and view all the answers

Which of the following constitutes a 'diligent inquiry' as defined by the ordinance, when attempting to verify a person's age?

<p>Examining an official Michigan operator's license. (D)</p> Signup and view all the answers

What action can a police officer take if they witness a violation?

<p>Confiscate the alcohol and issue an appearance ticket. (B)</p> Signup and view all the answers

According to the ordinance, what evidence can serve as a defense against an action for furnishing alcohol to a minor?

<p>The defendant demanded and was shown a valid driver's license before furnishing alcohol to the minor. (D)</p> Signup and view all the answers

A retail licensee's employee sells alcohol to a minor, failing to check their ID. According to the ordinance, which of the following is true regarding the employee's culpability?

<p>The employee is guilty of a misdemeanor. (A)</p> Signup and view all the answers

A store clerk is convicted of selling alcohol to a minor for the second time. What is the mandatory minimum sentence they will receive?

<p>A $500 fine and imprisonment for up to 90 days. (D)</p> Signup and view all the answers

What is the role of the Liquor Control Commission, according to the ordinance, regarding the signs about sales to minors?

<p>They approve and furnish the signs. (B)</p> Signup and view all the answers

If an individual presents a valid military ID as proof of age, and the seller still has reasonable doubt, what should the seller do?

<p>Refuse the sale. (A)</p> Signup and view all the answers

A minor uses a fake ID to purchase alcohol from a store. The store clerk is fooled by the ID and sells the alcohol. Which of the following best describes the clerk's potential liability?

<p>The clerk can claim defense if they made 'diligent inquiry'. (C)</p> Signup and view all the answers

According to the information provided, how does section 5-2 relate to Michigan Compiled Laws (M.C.L.)?

<p>It contains similar provisions to specific sections of the M.C.L. (A)</p> Signup and view all the answers

According to the definitions provided, which of the following scenarios would be classified as harboring or keeping an animal?

<p>Allowing a visiting friend's cat to stay in your spare room for a week. (D)</p> Signup and view all the answers

Which of the following best distinguishes a pet from livestock according to the presented definitions?

<p>Pets have a long association with humans and depend on them, while livestock are used for food, fiber, or service. (B)</p> Signup and view all the answers

A property owner keeps three dogs for the purpose of breeding and selling puppies for profit. Based on the definitions, this activity would classify their property as what?

<p>A kennel. (A)</p> Signup and view all the answers

A beekeeper implements measures to guide their honeybees to fly higher upon leaving their hive. What is the appropriate term for this structure, according to the provided definitions?

<p>Flight Path Barrier. (D)</p> Signup and view all the answers

Which of the following scenarios would be considered neglect according to the provided definition?

<p>Failing to provide a hamster with fresh water for several days, leading to dehydration. (C)</p> Signup and view all the answers

According to the definitions, which of the following animals would be classified as livestock?

<p>Rabbits raised for meat production. (B)</p> Signup and view all the answers

An individual keeps honey bees in their backyard, adhering to all GAAMPs and city regulations, but does not sell any honey or related products. How would this practice be categorized?

<p>Hobby Beekeeping. (C)</p> Signup and view all the answers

A police officer observes a dog roaming freely with a leash dragging behind it; the leash is seven feet long. Does this violate the definition of 'leash'?

<p>Yes, because the leash exceeds the maximum length specified in the definition. (A)</p> Signup and view all the answers

Which of the following activities related to honey bees is explicitly excluded from the definition of honey bee?

<p>Keeping bumble bees for pollination. (A)</p> Signup and view all the answers

According to the provided text, which of the following professional roles would be classified as a Law Enforcement Officer or Police Officer?

<p>An animal control officer authorized by the city. (D)</p> Signup and view all the answers

Flashcards

"Posting Ordinance"

The article governing the placement of advertising within the city.

Police Department's Role

The department responsible for enforcing the "Posting Ordinance."

Unlawful Posting

It is against the law to put up any form of advertisement without permission.

Prohibited Actions

Attaching any sign or advertisement to public or private property without consent.

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Handbill Exception

The legal exception for distributing printed material NOT firmly attached to property.

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"Handbill Distribution Ordinance"

This article regulates the distribution of leaflets or flyers.

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Purpose of Article III

Oversees the rules of the 'Handbill Distribution Ordinance'.

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Purpose of Handbill Regulations

To protect residents from trespassing, reduce litter, and balance commercial interests with freedom of information.

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Commercial Handbill

Printed material advertising a product, business, or commercial activity. Focuses on sales and promotion.

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Commercial Handbill: Form

Printed or written material, including samples, leaflets and booklets.

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Commercial Handbill: Purpose

Directs attention to a business to promote its interests through sales.

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Commercial Handbill: Content

Contains reading matter, but is essentially an advertisement.

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Commercial Handbill: Benefit

Distributed for the private benefit and gain of the business.

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Commercial Handbill: Advertising

Advertising merchandise, products, or any item for sale.

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Newspaper Definition

A publication containing news, opinions, and advertisements.

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Resident Protection

Protects residents privacy by allowing them to decline solicitations and handbills.

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Animal Owner

Someone with property rights, custody, or control of an animal. Includes those who keep, harbor, or allow an animal on their premises for 3+ days.

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Person (Legal Definition)

Individual, partnership, corporation, cooperative association, joint venture, or other legal or business entity.

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Premises

Area of private property, including grounds, buildings, and appurtenances.

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Provoke (animal)

An action likely to cause an animal to bite or attack.

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Sanitary Conditions

Space free from health hazards like waste or overcrowding.

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Selling Alcohol to Minors

It is illegal to sell or provide alcohol to a person under the legal drinking age.

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Lack of Diligent Inquiry

Failure to diligently check if a person is a minor before selling them alcohol.

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Penalty for Selling to Minors

A crime punishable by a fine (e.g., $500) and possible imprisonment (e.g., up to 60 days for the first offense).

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Required Signage

A sign that informs about the prohibition of selling alcohol to minors and the associated penalties. It must be displayed in a visible location.

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Defense Against Violation

A defense against prosecution if the seller checked a valid ID (driver's license, military ID, etc.) before selling alcohol.

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Diligent Inquiry Defined

A genuine and thorough effort to verify a person's age, including examining an official ID. This is a due diligence requirement.

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Acceptable IDs

An official Michigan operator's/chauffeur's license, a Michigan personal identification card, or a military identification card.

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Police Authority

Police are allowed to stop and detain a person if they witness a violation.

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Seizure of Alcohol

Illegally possessed alcohol can be taken by the authorities.

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Appearance Ticket

An official document issued to a person to appear in court, usually for a minor offense.

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Domestic Animal

Animal dependent on humans, kept as a tame household pet. Examples: dogs, cats, hamsters, etc.

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Ferret

A 'Mustela Furo' of any age.

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Flight Path Barrier

A barrier that directs honey bees to fly higher when leaving/returning to their hive.

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GAAMPs

Generally Accepted Agricultural and Management Practices for the Care of Farm Animals.

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Harboring or Keeping

Allowing an animal to stay in one's house, building, or premises.

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Hobby Beekeeping

Keeping honey bees non-commercially, following GAAMPs and City Code.

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Honey Bee

A European or Western honey bee (Apidae mellifera).

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Kennel

An establishment where three or more dogs are kept for sale, boarding, breeding, or training for money.

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Law Enforcement Officer/Police Officer

City or governmental animal control officers or police officers.

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Livestock

Animals used for human food, fiber, or service. Includes cattle, sheep, etc. (but not dogs or cats).

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Study Notes

Advertising Regulations

  • This article is known as the "Posting Ordinance."
  • The Police Department is responsible for enforcing the provisions of this article.
  • It is unlawful to post any advertising material on streets, sidewalks, public places, city property, or utility poles without express legal authorization, except for billboards and signs by government authorities.
  • Posting any sign, poster, advertisement, or notice on public or private property without the owner's consent is unlawful, unless done by a public officer or employee in the performance of a public duty, or a private person getting a legal notice.
  • The above provision does not apply to the distribution of handbills, advertisements, or other printed matter that are not securely affixed to the premises.

Handbill Distribution Ordinance

  • This article is known as the "Handbill Distribution Ordinance."
  • The purpose is to regulate the distribution of handbills and circulars to protect public health, safety, and the environment.
  • Specific purposes include:
    • Protecting residents from trespassing by solicitors or handbill distributors who ignore "no solicitation" notices.
    • Preventing littering of streets and public places caused by uncontrolled distribution of advertising matter.
    • Preserving the right to receive and disseminate information while distinguishing between commercial and noncommercial handbills
  • COMMERCIAL HANDBILL: Any printed or written material, sample, or device that:
    • Advertises merchandise, products, commodities.
    • Directs attention to a business or commercial establishment to promote sales.
    • Predominantly an advertisement distributed for advertising purposes or private gain.

Alcohol Sales to Minors

  • Selling or furnishing alcohol to a minor is illegal.
  • A person who knowingly sells or furnishes alcohol to a minor, or who fails to make diligent inquiry as to whether the person is a minor,is guilty of a misdemeanor.
  • Penalties for non-retail licensees or their employees include a $500 fine and up to 60 days in jail for a first offense, and a $500 fine and up to 90 days in jail for subsequent offenses, along with possible community service.
  • A sign describing the penalties for violating this section must be posted conspicuously where alcoholic liquor is sold, approved, and furnished by the Liquor Control Commission.
  • Showing acceptable identification is a defense - Demanding and being shown a valid driver's license, military ID, or other bona fide proof of age is a defense against prosecution.
  • Diligent Inquiry Defined: Making good-faith effort to verify a person's age, including examining an official Michigan driver's license, state ID, military ID, or other picture identification that establishes identity and age.
  • Police Powers: A police officer witnessing a violation of § 5-1 can stop and detain the person, obtain identification, seize the alcohol, and issue an appearance ticket.

Animal Control – Definitions

  • DOMESTIC ANIMAL: An animal traditionally dependent on humans that has been kept as a tame household per. Includes dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, various birds, and tropical fish.
  • FERRET: Any animal of the species "Mustela Furo."
  • FLIGHT PATH BARRIER: A barrier of dense materials to direct honey bees to a higher flight path, consistent with GAAMPs.
  • GAAMPs: Generally Accepted Agricultural and Management Practices for the Care of Farm Animals, as adopted by the Michigan Commission of Agriculture & Rural Development.
  • HARBORING or KEEPING: Allowing an animal to remain and be lodged within a house, store, building, enclosure, or premises.
  • HOBBY BEEKEEPING: Non-commercial keeping/managing of honey bees following GAAMPs and City Code provisions.
  • HONEY BEE: A European or Western honey bee. Excludes bumble bees or mason bees.
  • KENNEL: An establishment where three or more dogs are kept for sale, boarding, breeding, or training, for remuneration.
  • LAW ENFORCEMENT OFFICER or POLICE OFFICER: Includes animal control officers authorized by the city or other governmental agency.
  • LEASH or LEAD: A tether no more than six feet long used to restrain an animal.
  • LIVESTOCK: Animals used for human food/fiber or service, including cattle, sheep, camelids, goats, bison, cervids, ratites, swine, equine, poultry, aquaculture, and rabbits. Excludes dogs and cats.
  • NEGLECT: Failure to properly care for an animal, jeopardizing its health.
  • OWNER: Any person with property rights in an animal, their agent, or anyone who keeps, harbors, or controls the animal, or allows it to remain on their premises, including parents/guardians of owners under 18.
  • PERSON: An individual, partnership, corporation, cooperative association, joint venture, or other legal or business entity.
  • PREMISES: An area of private property, including grounds, buildings, and appurtenances.
  • PROVOKE: An act or omission likely to cause an animal to bite or attack, such as threatening, teasing, or striking it or its owner.
  • SANITARY CONDITIONS: Space free from health hazards, excessive waste, overcrowding, or other conditions endangering animal health.
  • SHELTER: Adequate protection from the elements suitable for the animal's age, species, and condition.

Animal Waste Regulations

  • It is unlawful to allow an animal to deposit fecal matter anywhere other than the premises where it is kept, unless immediately collected and removed.
  • When walking an animal on public or private property, the person must have a device for collecting fecal matter and a depository for transmitting it to the premises where the animal is kept.
  • Manure/offal from animals must be securely confined to the owner's property in a manner that prevents scattering or offensive conditions.
  • All such deposits must be promptly removed and properly disposed of, no later than 24 hours after a complaint is received by the city.
  • Failure to comply with this subsection is a misdemeanor.

Restrictions on Keeping Animals

  • Animals shall not be raised, bred, or kept on any premises for commercial or food source purposes
  • Nonvicious domestic animals may be kept, provided they are not kept, bred, or maintained for any commercial purposes.
  • All wild animals, including birds, deemed property of the state, may not be harbored, imported, or otherwise kept on any premises, for use as a source of food or for any other purpose, unless otherwise permitted by state law.

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Description

This lesson covers local ordinances related to posting notices and distributing handbills. It outlines restrictions and permissions for advertising and public notices. The lesson includes understanding unlawful actions and exceptions under specific posting and handbill distribution.

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