Natural resources; wildlife; use of artificial lights for the

purpose of locating animals; prohibit under certain

circumstances.

NATURAL RESOURCES: Wildlife; CRIMES: Trespassing

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 552c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 552C. (1) A PERSON WITHIN 450 FEET OF A BARN OR OTHER

2 BUILDING USED IN FARM OPERATIONS OR ANY OCCUPIED DWELLING SHALL

3 NOT USE AN ARTIFICIAL LIGHT FOR THE PURPOSE OF LOCATING ANIMALS

4 WITHOUT THE WRITTEN CONSENT OF THE OWNER OR LESSEE OF THE

5 PROPERTY. FURTHERMORE, IF LAND IS POSTED IN A CONSPICUOUS MANNER

6 "NO SHINING", A PERSON SHALL NOT CAST AN ARTIFICIAL LIGHT FROM OR

7 ONTO THAT LAND FOR THE PURPOSE OF LOCATING ANIMALS WITHOUT THE

8 WRITTEN CONSENT OF THE OWNER OR LESSEE OF THE LAND. THE MINIMUM

9 LETTER HEIGHT ON THE POSTING SIGNS SHALL BE 1 INCH. EACH POSTING

10 SIGN SHALL BE NOT LESS THAN 50 SQUARE INCHES, AND THE SIGNS SHALL

11 BE SPACED TO ENABLE A PERSON TO OBSERVE NOT LESS THAN 1 SIGN AT

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1 ANY POINT OF ENTRY UPON THE PROPERTY. UPON THE DEMAND OF A

2 CONSERVATION OFFICER OR A LAW ENFORCEMENT OFFICER, A PERSON SHALL

3 EXHIBIT ANY WRITTEN CONSENT REQUIRED BY THIS SUBSECTION. THIS

4 SUBSECTION DOES NOT REQUIRE A PERSON USING AN ARTIFICIAL LIGHT TO

5 OBTAIN THE WRITTEN CONSENT OF A MEMBER OF THAT PERSON'S IMMEDIATE

6 FAMILY OR OF THE OWNER OR LESSEE OF PUBLICLY OWNED LAND.

7 (2) SUBSECTION (1) DOES NOT APPLY TO ANY OF THE FOLLOWING:

8 (A) A PEACE OFFICER WHILE IN THE PERFORMANCE OF THE

9 OFFICER'S DUTIES.

10 (B) A PERSON OPERATING AN EMERGENCY VEHICLE IN AN

11 EMERGENCY.

12 (C) AN EMPLOYEE OF A PUBLIC OR PRIVATE UTILITY WHILE WORKING

13 IN THE SCOPE OF HIS OR HER EMPLOYMENT.

14 (D) A PERSON OPERATING A VEHICLE WITH HEADLIGHTS IN A LAWFUL

15 MANNER UPON A STREET, HIGHWAY, OR ROADWAY.

16 (E) A PERSON USING AN ARTIFICIAL LIGHT TO IDENTIFY A HOUSE

17 OR MAILBOX NUMBER.

18 (F) THE USE OF ARTIFICIAL LIGHTS TO CONDUCT A CENSUS BY THE

19 DEPARTMENT OF NATURAL RESOURCES.

20 (G) FARMING, HORTICULTURE, SILVICULTURE, LUMBERING, AND

21 RANCHING ACTIVITIES, UNLESS CONDUCTED FOR THE PURPOSE OF LOCATING

22 ANIMALS.

23 (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A

24 MISDEMEANOR.

25 (4) AS USED IN THIS SECTION, "ANIMALS" MEANS WILD BIRDS AND

26 WILD MAMMALS.

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1 (5) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO THE

2 PROVISIONS CONCERNING THE USE OF ARTIFICIAL LIGHTS IN SECTION

3 40113 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT,

4 1994 PA 451, MCL 324.40113.

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