§ 19-67. Breaking and entering of a motor vehicle.

(a)

It shall be unlawful for any person to enter a motor vehicle unless the person:

(1)

Is the owner or lessee of the vehicle, or has some other contractual interest in the vehicle that would entitle the person to enter the vehicle;

(2)

Is the owner or lessee of the real property upon which the vehicle is located; or

(3)

Has permission to enter from an owner, a lessee, or an authorized operator of the motor vehicle, or the owner or lessee of the real property upon which the vehicle is located.

(b)

This section shall not apply to:

(1)

A law enforcement officer acting within the scope of the officer's duties.

(2)

A motor vehicle that is lawfully being moved because it is abandoned, inoperable, or improperly parked.

(3)

An employee or agent of an entity that possesses a valid lien on a motor vehicle and who is expressly authorized by the lienholder to repossess the motor vehicle based upon the failure of the owner or lessee of the motor vehicle to abide by the terms and conditions of the loan or lease agreement.

(c)

As used in this section:

(1)

"Enter" includes, but is not limited to, opening a door, trunk or hood of a vehicle, or inserting any part of one's body, or any object connected with the body, into a vehicle, which act shall include breaking the plane of the opened door, window, trunk or engine area.

(2)

Any vehicle that falls within the definition of "motor vehicle" in the state's Michigan Vehicle Code.

(Ord. No. 755, § 1, 8-18-14)