DELTA TOWNSHIP, MI -- Performing a bodily function in public in Delta Township can land a person in jail for up to 90 days, thanks to a new ordinance.
So can spitting, which has at least one resident questioning the need for the ordinance.
The Delta Township Board at its Feb. 18 meeting unanimously adopted the new ordinance, per the recommendation of the Eaton County Sheriff's Office Delta Patrol. The measure, which has taken effect, replaced an existing ordinance from 1972 that already made spitting in public a misdemeanor offense.
Howard Spence, a semi-retired attorney and 22-year resident of Delta Township, attended the meeting. Having recently been elected to the Eaton County Board of Commissioners, Spence attended for meet-and-greet purposes, but later found himself "shocked" when the board approved the new ordinance.
"There was no indication (the ordinance) was necessary, and there have been no complaints about public spitting," he said. "I questioned the need for this criminal statute and its implications of making people criminals. It has the potential to ruin lives."
Spence, 63, said he wanted to make it clear he takes issue with the township's policy on public spitting as a resident, not as a politician. He said he's trying to raise awareness of the new ordinance to his fellow citizens of Delta Township and those from surrounding areas.
"People should know when they cross Waverly Road into Delta Township you're a criminal if you spit in public," he said. "It's punishable by up to 90 days in jail.
"I just don't think that's very good public policy."
Delta Township Supervisor Ken Fletcher said the new ordinance is the same as its predecessor, except that it extends its coverage to public urination and defecation. The maximum 90-day jail sentence is the same, as well.
"Really, there were no changes to the spitting part of it. It was already banned," Fletcher said.
Lt. Jeff Campbell, of the Delta Patrol, said the ordinance, which he recommended, is just the latest in a series he's worked on for the past several years.
"It's part of an overall effort just to get us in line with other surrounding communities...and give our deputies some tools to take care of problems," he said.
Campbell cited Lansing, East Lansing and Kalamazoo as other Michigan municipalities with similar ordinances. But Spence said other motivations often are afoot when such ordinances are adopted.
"Most similar municipal statutes were enacted just to give law enforcement an extra reason to stop a person and see what they're doing," he said. "(Public urination and defecation) are usually covered by indecent exposure, and it's usually a civil infraction, not a misdemeanor."
There has been increase in instances of public spitting, urination or defecation in Delta Township of late, but the new ordinance is a "tactical tool" that helps deputies diffuse what would otherwise be more significant crimes, Campbell said.
"We typically run across situations where we need to make an arrest before things get out of hand," he said. "If we have a fight brewing, we can just arrest somebody before it gets out of hand. We still have the option to just issue a ticket, but the ordinance helps us get on top of more disorderly conduct things."
Spence said the new ordinance makes Delta Township "a different world," noting that he himself could be deemed a criminal as he has often spat on the ground outside his residence. He also pointed to a divine figure who could be construed as a criminal under the new provision.
"Jesus Christ was often cited in the Bible for spitting in public," Spence said. "(He) should either avoid Delta Township upon his return, repent and discontinue his spitting habits, or be willing to be arrested and taken to the Eaton County Jail for being a criminal.
"I doubt people know it's a crime to spit in public," he continued. "And 99 percent of people don't realize the consequences of a misdemeanor on your record. But I do, and Delta Township is going to spend a whole hell of a lot of money if they prosecute me for (spitting in public), because I'm an attorney and I could lose my license (due to a misdemeanor conviction)."
Campbell said the new ordinance has no dubious implications for Delta Township and its citizens.
"This is not something that's going to be a huge priority in running around enforcing," he said. "It's a tool for our deputies to use to enforce problems as they arise.
"I don't anticipate that it'll be used very often -- maybe not at all. But it's there if we need it."
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