§ 30-57. Breaking and entering.

(a)

Purpose. The purpose of this section is to provide for penalties, upon conviction, for anyone who would enter, without breaking, any dwelling or structure, used or kept for public or private use, without first obtaining permission to enter from the owner or occupant.

(b)

Offenses.

(1)

Any person who shall break and enter, or shall enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or other outbuilding belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent or person having immediate control thereof, shall be guilty of a misdemeanor; provided that this section shall apply to entering, without breaking, any place which, at the time of such entry was open to the public, unless such entry has been expressly denied.

(2)

This section shall not apply in cases where the breaking and entering, or entering without breaking, was committed by a peace officer or someone under his direction in the lawful performance of his duties as such peace officer.

(c)

Penalty. A person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $500.00 and cost of prosecution, or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court.

(Ord. No. 368, §§ 1—3, 2-10-2004)

State law reference

Breaking and entry, MCL 750.115.