§ 74-132. Breaking and entering, entering without authority.

(a)

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 the outbuildings 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.

(b)

This section shall not apply:

(1)

To entering without breaking of any place which at the time of such entry was open to the public, unless such entry has been expressly denied.

(2)

Where the breaking and entering or entering without breaking was committed by a peace officer or other person authorized by law to break and enter or otherwise enter without breaking provided the breaking and entering or entering without breaking was committed in the lawful performance of their duties as a peace officer or other person authorized by law to break and enter or otherwise enter without breaking.

(3)

Where the breaking and entering or entering without breaking was committed by someone under the direction of a person exempted from the applicability of this section as noted in subsection (b)(2) of this section.

(c)

Complaint for violation of this section may be made by the owner, lessee or occupant of the structure, place, or area as set out in subsection (a) of this section, or the agent thereof, or the police department. The police department shall enforce this section.

(Code 1963, § 9.102(57); Ord. No. 1582, 2-28-94)

State law reference

Similar provisions, MCL 750.115.