[HISTORY: Adopted by the City Commission of the City of Lapeer as Ch. 19 of the 1978 General Ordinances. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The work "shall" is always mandatory and not merely directory.
ALCOHOLIC BEVERAGE
Includes any spirituous, vinous, malt or fermented liquor, beer, wine, spirits, alcohol or liquids any compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume which are fit for beverage purposes.
CITY
The City of Lapeer.
MINOR
A person, male or female, under the age of 21 years.
NUDITY
[Amended 3-2-1994]
A. 
The showing of the human male or female genitals or pubic area with less than a fully opaque covering;
B. 
The showing of the human male or female buttocks or anus with less than a fully opaque covering;
C. 
The showing of the female breast with less than a fully opaque covering of any part of the nipple; or
D. 
The showing of covered male genitals in a discernible turgid state.
PERSON
Any person, firm, partnership, association, corporation, company, club, or organization of any kind.
PUBLIC PLACE
[Amended 3-2-1994]
A. 
All out-of-doors land and areas open to the general public including public streets and alleys; and
B. 
All buildings, rooms, theaters, athletic grounds, bars, dance halls and lounges open to the public whether or not entrance is gained by the payment of an admission charge.
No person in the City shall:
A. 
Tumultuous conduct. Disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.
B. 
Assault. Beat, strike, wound, imprison, or inflict violence on another, or assault another with intent to commit murder, rape, mayhem, robbery or larceny. Nor shall any person assault another with a lethal weapon, instrument, or thing with intent to commit upon the person of another any bodily injury.
C. 
Fighting. Fight another person except in boxing exhibitions duly authorized and licensed under law.
D. 
Unlawful occupancy. Occupy, lodge, or sleep in any vacant lot, vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, railroad car, or other vehicle, without owning the same or without permission of the owner or person entitled to the possession of the same.
E. 
Fraudulent schemes. Engage in any fraudulent scheme, device or trick to obtain money or other valuable thing from others; or any person who aids or assists such trick, device or scheme.
F. 
Disturbance of religious worship. Disquiet disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting.
G. 
Conduct in schools or school grounds.
(1) 
Create a disturbance in any private, public or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities.
(2) 
Fail to leave the school premises immediately when so directed by the principal or his designee.
(3) 
Enter or remain in any public, private, or parochial school, or on surrounding school grounds after being requested to leave by the principal or his designee.
H. 
Open intoxicants.
(1) 
Transport or possess any alcoholic liquor in a container which is open, uncapped, or upon which the seal is broken, within the passenger compartment of a vehicle on any public street, sidewalk, alley, parking lot, or property used for municipal purposes by the City of Lapeer. If the vehicle does not have a trunk or compartment separated from the passenger compartment, a container which is open, uncapped, or upon which the seal is broken shall be in encased or enclosed. This section shall not apply to any chartered passenger vehicle licensed by the Michigan Public Service Commission.
(2) 
Consume, or possess any alcoholic liquor in a container which is open, uncapped, or upon which the seal is broken, on any public street, sidewalk, alley, parking lot, or property used for municipal purposes by the City of Lapeer, unless approval for such consumption or possession has been given by the Lapeer City Commission.[1]
[1]
Editor's Note: Former Section 19.01(I), Fireworks, which immediately followed this subsection, was repealed 12-20-2012. See now § 19-30.
I. 
Unlawful occupancy. Remain in any private building, private open land, or private parking lot used by the public, after being requested to leave by the owner, tenant, or person lawfully in possession, or where the property is posted in a conspicuous manner.
[Amended 8-30-2000]
J. 
Make, cause or continue any loud, unnecessary, unnatural, or unusual noise which annoys, disturbs, injures, or endangers the comfort, health, peace or safety of others at any time, day or night.
K. 
Use, operate, play or permit the use, operation, or playing, of any sound production or reproduction device, radio, musical instrument, drums, CD player, phonograph, television set, loudspeakers, sound amplifiers, or any other machine or device for the producing or reproducing of sound, in such a manner as to disturb any person of normal sensitivity in any residential or public area. The operation of any such device, radio, instrument, phonograph, television set, machine, loudspeakers, or similar device in such a manner as to be plainly audible at a distance of 100 feet or more from its point of origin shall be prima facie evidence of a violation of this section. This provision shall not apply to any participant in parades, band concerts, lawful firework displays, memorial salutes, or any other event or activity which has been authorized by the City of Lapeer or is otherwise specifically authorized by law.
[Amended 5-5-1997; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person in the City shall:
A. 
Interference with police department.
(1) 
Resisting officer. Resist any police officer, any member of the Police Department, or any person duly empowered with police authority, while in the discharge or apparent discharge of this duty, or in any way interfere with or hinder him in the discharge of his duty.
(2) 
Assisting in escape. Offer or endeavor to assist any person in the custody of a police officer, a member of the Police Department or a person duly empowered with police authority to escape or to attempt to escape from such custody.
(3) 
Failure to stop upon police signal. Attempt to flee or elude an officer in uniform after such officer has given a visual or audible signal by hand, voice, or other means, to stop.
B. 
Engage in any activity or game in any public mall, sidewalk, or public parking lot in the Central Business District that involves the throwing, batting or kicking of objects.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Harassing communications.
(1) 
Use a telephone or other communication service or device to terrorize, frighten, threaten, harass, or annoy any 911 emergency dispatcher or any other emergency personnel.
(2) 
Threaten physical harm or damage to any person or property in the course of a telephone conversation or through the use of any common carrier communications service or device with any 911 emergency dispatcher or any other emergency personnel.
(3) 
Falsely and deliberately report by telephone or other communications service, system or device, that any person has been injured, has suddenly taken ill, has suffered death, has been a victim of a crime, or has been in an accident.
(4) 
Falsely and deliberately report a fire, that the safety of persons or property is immediately in danger, or the existence of an emergency when no such emergency exists.
(5) 
Deliberately refuse or fail to disengage a connection between a telephone or other communication service or device provided for the transmission of messages by telephone, thereby interfering with any emergency communications service.
(6) 
Use any vulgar, indecent, obscene or offensive language in the course of a telephone conversation or other communication with any 911 emergency dispatcher or other emergency personnel.
(7) 
Suggest any lewd or lascivious act in the course of a telephone conversation or other communications with any 911 emergency dispatcher or other emergency personnel.
(8) 
Penalty. Violation of this section shall be a misdemeanor which is punishable by imprisonment for not more than 90 days, or a maximum fine of $500, or both.
No person in the City shall:
A. 
Window peeping. Look, peer, or peep into or be found loitering around or within view of any window within a building occupied as the residence of another with the intent of watching or looking through said window to observe any person undressed or in the act of undressing or dressing.
B. 
Sexual intercourse. Undertake or attempt to undertake sexual intercourse or undertake the motion of sexual intercourse on any public lawn, sidewalk, street, alley, park, yard, school grounds, cemetery or parking lot that is open to the public or in view of the public from public property.
C. 
Nudity. Appear in a state of nudity in any public place, including any building or establishment open to the public in the City of Lapeer.
[Amended 3-2-1994]
D. 
Allow nudity. On premises they own, operate, or control, knowingly permit or allow a person to appear in a state of nudity.
[Amended 3-2-1994]
E. 
Exception. Subsection C of this section shall not be applicable to young children.
[Amended 3-2-1994]
A. 
Alcoholic beverages shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic beverage to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $500, or to imprisonment in the county jail for a period of not more than 90 days, or both.
B. 
A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, alcoholic beverages unless the person is employed by a license under Public Act 531 of 1978,[1] the Liquor Control Commission, or an agent of the Liquor Control Commission and is transporting or having the alcoholic beverage in a motor vehicle under the person control during regular working hours and in the course of the person's employment. A person who violated this subsection is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500, or to imprisonment in the county jail for a period of not more than 90 days, or both.
[1]
Editor's Note: See now the Michigan Liquor Control Code of 1998, MCLA § 436.1701 et seq.
C. 
A person who furnishes fraudulent identification to a person less than 21 years of age, or a person less than 21 years of age who uses a fraudulent identification to purchase alcoholic beverages, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500, or to imprisonment in the county jail for a period of not more than 90 days, or both.
D. 
A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in Subsection B above. A person less than 21 years of age who violates this subsection is guilty of a civil infraction pursuant to state law punishable by the following civil fines and sanctions:
[Amended 4-15-1998; 9-22-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
For the first violation a fine of not more than $100, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described.
(2) 
For a second violation a fine of not more than $200, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
(3) 
For a third or subsequent violation a fine of not more than $500, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
Every person in the City of Lapeer concerned in the commission of an offense under this chapter, whether he directly commits the act constituting the offense, or procures, counsels, aids or abets in its commission, may hereafter be prosecuted and tried and upon conviction shall be punished as if he had directly committed such offense.
[1]
Editor's Note: Former Sec. 19.07, Furnishing of alcoholic beverages on Sundays, as amended 2-14-2001, was repealed by a vote of the electors 4-7-1975.
A. 
It shall be unlawful for any minor under the age of 13 years to loiter, idle, wander, stroll, frequent or otherwise be or remain in or upon any of the public sidewalks, streets, alleys, parks or public buildings or places of amusement or entertainment or other public grounds or places in the City of Lapeer between the hours of 10:00 p.m. and 6:00 a.m. immediately following, unless such minor is accompanied by a parent, guardian, custodian, or some adult 18 years of age delegated by the parent or guardian to accompany such minor, or unless such minor is returning home from school or church function or entertainment, or unless the employment of such minor makes it necessary to be upon the streets, alleys or other public places during the prohibited hours hereinabove mentioned.
B. 
It shall be unlawful for any minor between the ages of 13 and 15 years of age to loiter, idle, wander, stroll, frequent or otherwise be or remain in or upon any of the public sidewalks, streets, alleys, parks or public buildings or places of amusement or entertainment or other public grounds or places in the City of Lapeer between the hours of 10:30 p.m. and 6:00 a.m. immediately following, unless such minor is accompanied by a parent, guardian, custodian, or some adult 18 years of age delegated by the parent or guardian to accompany such minor, or unless such minor is returning home from school or church function or entertainment, or unless the employment of such minor makes it necessary to be upon the streets, alleys or other public places during the prohibited hours hereinabove mentioned.
[Amended 2-4-1971]
C. 
It shall be unlawful for any minor the age of 16 years to loiter, idle, wander, stroll, frequent or otherwise be or remain in or upon any of the public sidewalks, streets, alleys, parks or public buildings or places of amusement or entertainment or other public grounds or places in the City of Lapeer between the hours of 12:00 midnight and 6:00 a.m. immediately following, unless such minor is accompanied by a parent, guardian, custodian, or some adult 18 years of age delegated by the parent or guardian to accompany such minor, or unless such minor is returning home from school or church function or entertainment, or unless the employment of such minor makes it necessary to be upon the streets, alleys or other public places during the prohibited hours hereinabove mentioned.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Any person assisting, aiding, abetting or encouraging any minor under the age of 17 years found violating the provisions of this chapter shall be guilty of a violation of this chapter.
E. 
Police officers may in their discretion take into custody any minor under the age of 17 years found violating the provisions of this chapter and return him or her to his or her place of abode, or may make a complaint against such minor under the Juvenile law of this state, provided that, if after investigation by the officer taking into custody such minor, it is found that such minor is incorrigible or willfully absents himself or herself from home and that the parents, guardian or legal custodian are unable to control such minor, then a complaint shall be made against such minor under the juvenile law of this state.
F. 
It shall be unlawful for any parent or guardian of a child or ward to fail to pick up the child or ward from the Lapeer City Police Department within two hours of receiving any notice that said child or ward is being held at the Lapeer City Police Department. Any person violating this section shall be responsible for a civil infraction with the same fine and costs as for state law, traffic civil infractions.
G. 
It shall be unlawful for any parent or guardian of a child or ward under the age of 17 years to knowingly allow such child or ward to be out in violation of the curfew established by this chapter. Violation of this section shall be a misdemeanor punishable as described in § 1-2A of the Code of the City of Lapeer.
A. 
It shall not be lawful for any person to shoot with a slingshot or bow and arrow within the corporate limits unless such location has been approved by the Chief of Police.
B. 
It shall not be lawful for any person to use or shoot an air gun or air rifle, or to permit the same to be done within the City of Lapeer, except on such person's own premises when the slug of bullet is not projected outside of such person's premises.
(1) 
It shall be the duty of the Chief of Police and all police officers of the City to seize all such air guns or air rifles found in use in violation of this section. Upon a judicial determination by the court having jurisdiction of such offense, and of the person committing the same, that such air gun or air rifle was used contrary to the provisions of this chapter, such air gun or air rifle shall be destroyed or disposed of by the Chief of Police in such manner as such court may direct.
C. 
Except in the lawful defense of his person, family or property, no person shall fire or discharge within the City any firearm, or any toy firearm in which any explosive substance can be used.
D. 
No person shall sell, loan or furnish to any minors any firearm, or any toy firearm in which any explosive substance can be used, or any dynamite, dynamite fuse or caps, gunpowder, or any other explosive substance.
A. 
It shall be unlawful for any person, firm or corporation to keep bees within the limits of the City of Lapeer without a written or printed permit or license signed by the City Manager and Chief of Police.
B. 
Any person, firm or corporation desiring to keep bees within said City shall make application to said City Manager describing the place and location where it is proposed to keep said bees. Upon receipt of said application, the said City Manager and Chief of Police shall immediately inspect the said premises were it is proposed to keep said bees, and shall grant or deny permission to keep said bees on said premises as in their judgment the welfare of the City and its inhabitants demand. Said action on the part of said City Manager and Chief of Police shall be final, and from which there shall be no appeal.
C. 
Any permit granted as provided for in this section may be revoked by said City Manager and Chief of Police upon 30 days' notice given in writing to the holder of said permit.
No person shall build, erect or construct a barbed wire fence upon or along any street, alley or sidewalk, or upon that portion of any premises adjacent to any street, alley or sidewalk.
No person shall store, maintain, discard, or dispose of any unused refrigerator, or ice box, or any other container or appliance capable of containing a child and having self-locking doors on the exterior, without first complying with one or more of the following safety precautions:
A. 
The removal of all exterior locks.
B. 
The removal of all doors or covers permitting entrance to the appliance.
C. 
Padlocking all exterior doors or covers.
D. 
Storing the appliance in such manner as to make entry inaccessible by causing the doors or covers to be firmly pressed against a wall or a floor.
The owner of any property within the City, where open wells, cisterns, cesspools or any other similar openings exist, shall cause the same to be properly enclosed and secured so as to prevent the entrapment of persons within such openings.
Any member of the police force may require the assistance of any bystander or resident of the City to assist him in making any arrest authorized by the laws of this state or the Charter or ordinances of the City. No person shall abuse, resist, oppose or in any manner obstruct or refuse to assist any policeman in the exercise of his duty or in making any arrest.
No person shall falsely impersonate any member of the police or falsely represent himself to be a member thereof or wear the uniform, star or badge or carry the club or handcuffs designated for such police force with intent to falsely impersonate any member of the police force.
A. 
It is unlawful for any person who shall invite or solicit any person of the opposite sex with whom they are not acquainted to ride in any automobile or other vehicle while on any public street, lane, alley or other public places in the City of Lapeer, or for any person to solicit any person of the opposite sex to commit any immoral act.
B. 
It is unlawful for any person to make, aid or assist in making any riot, disturbance or improper diversion, or to aid or assist in collecting a crowd for any unlawful purpose.
C. 
It is unlawful for any person to commit a breach of the peace.
No person shall menace or threaten injury to the person or property of another, or put any person in fear.
No person in a public place shall be intoxicated and also endanger directly the safety of another person or the safety of property, or act in a manner that causes a public disturbance.
No person shall permit or suffer any house, building or other place owned or occupied by him to be a resort for noisy, boisterous or disorderly persons, nor permit or suffer to remain therein any noisy, boisterous, or disorderly persons.
A. 
No person shall for hire, gain or reward keep any gaming tools, implements or materials for the purpose of being used for any illegal gaming by any person or knowingly suffer any such gaming tools, implements or materials to be kept maintained or played on any premises occupied or controlled by him in the City.
B. 
No person shall hire, gain or reward, allow, suffer or permit any person under the age of 17 years of age to play at billiards, card, dice or any other game of skill or chance in any room or place whatever owned, kept or maintained by such person.
C. 
No person shall play billiards, cards, dice or at any gaming table or at any game, for the purpose of gaming or betting upon the result of any such game or games.
A. 
No person shall keep a house of ill fame, or house of assignation, resorted to for the purpose of prostitution or lewdness, and no person shall let any dwelling house, rooms, or other premises knowing that the lessee intends to use it as a place of resort for the purpose of prostitution or as a house of assignation.
B. 
No person shall be or remain in any house of ill fame or house of assignation for the purpose of prostitution, lewdness or debauchery.
Between the hours of 6:30 p.m. and 12:30 a.m., no person shall knowingly operate within the City any machine, device, apparatus, or instrument, the operation of which causes reasonable preventable electrical interference, with radio or television reception within the City. X-ray machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonable preventable interferences with radio or television reception and are not negligently operated.
A. 
Excavation adjacent to public thoroughfare. No person, firm or corporation that is the owner, lessee, or occupant of real estate in the City of Lapeer shall permit any excavation, basement or cellar to remain unfilled on said real estate which is adjacent to any public sidewalk, alley, street, thoroughfare, parking lot, or other area used by the public unless there is immediately erected a barricade not less than 10 feet in height of solid material such as wood, concrete or masonry, and unless adequate lateral support to the adjacent public property is properly provided.
B. 
Nuisance per se. The existence of any such excavation as set forth in Subsection A, supra, for more than 24 hours without providing the necessary barricade and lateral support is hereby declared to be a nuisance per se.
No person in the City of Lapeer shall:
A. 
Hunt, trap or pursue wildlife at any time within the City of Lapeer.
A. 
Purpose. The purpose of this section is to protect and preserve the orderly administration of government by defining those areas of administration and prescribing penalties for the disruption thereof. It is not the purpose or intent of this section to deny a person or his right of free speech, assembly, petition, due process of law or his right of free speech, assembly, petition, due process of law or equal protection of the law to or before the person government. This section is intended to discourage anarchy and to encourage the peaceful and orderly redress of wrongs and grievances.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATION OF GOVERNMENT
The management and carrying out of the routine functions of government, such as (and not by way of limitations) the providing of police and fire protection; the collection of taxes; the education of children; and the providing of water, sewer, postal, hospital, medical, or judicial services within the City of Lapeer.
EXECUTIVE OF GOVERNMENT
The person charged with the primary responsibility for executing a particular function of Government within the City of Lapeer.
GOVERNMENT
The Government of the City of Lapeer, County of Lapeer, Michigan; Lapeer Public Schools, State of Michigan; and United States of America; or any of their respective Boards, Commissions, Departments, or instrumentality's functioning within the City of Lapeer.
LEGISLATURE OF GOVERNMENT
That body of persons charged by law with the primary responsibility for enacting or adopting rules, regulations, or ordinances that are operative in the City of Lapeer.
C. 
Acts prohibited. No person, group of persons, firm or corporation shall disrupt or hinder the orderly administration of government.
D. 
Exceptions. Nothing in this section shall preclude any persons, groups of persons, firm, or corporation from petitioning or appearing in person before either the executive or legislature of government in their regular course of their business. Recognizing that the stability of government and the respect and confidence of the citizenry in their government is dependent upon the prompt hearing and thorough redress of the wrongs and grievances of the citizenry, the executive and legislature of the City of Lapeer are hereby required to promptly hear and consider the peacefully presented wrongs and grievances of all proper persons.
E. 
Effective date. This section shall become effective on September 12, 1969.
A. 
It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(1) 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tend to hinder or impede the free an uninterrupted passage of vehicles, traffic or pedestrians.
(2) 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto.
B. 
When any person causes or commits any of the conditions enumerated in Subsection A herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
C. 
Any person who violates any of the provisions of this section shall be subject to a fine not exceeding $500 or by imprisonment not exceeding 90 days or both. Any such violation shall constitute a separate offense on each successive day continued.
D. 
This chapter shall become effective on December 29, 1971.
A. 
It is unlawful for any person to use, or to possess, drug paraphernalia within the City of Lapeer. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with state and/or federal law. This section shall not be construed to prohibit any possession, manufacture or use of any drug paraphernalia, by legitimate health care providers, pharmacists, or any other individual, or entity, that can establish that their possession and/or use of such drug paraphernalia is otherwise consistent with the lawful manufacture, possession, or sale of controlled substances.
B. 
Drug paraphernalia means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance, or injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes but is not limited to the following:
(1) 
Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) 
Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) 
Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.
(4) 
Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
(5) 
Scales and balances used or intended for use in weighing or measuring controlled substances.
(6) 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances.
(7) 
Separation gins and sifters used or intended for use in removing twigs and weeds from, or in otherwise cleaning or refining, marihuana.
(8) 
Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(9) 
Capsules, balloons, envelopes and other containers used or intended for use, in packaging small quantities of controlled substances.
(10) 
Containers and other objects used or intended for use in storing or concealing controlled substances.
(11) 
Hypodermic syringes, needles and other objects used or intended for use in injecting controlled substances into the human body.
(12) 
Objects used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(a) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(b) 
Clips, tips or other such objects, commonly known as roach clips, used to secure to a cigarette type controlled substance, one end of which is placed to the lips of the human body, facilitating maximum distance of combustion for maximum consumption of controlled substance.
(c) 
Water pipes, carburetion tubes and devices, smoking and carburetion masks, cocaine vials, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, and ice pipes or chillers.
(13) 
A device that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade or similar object and a mirror or flat piece of glass.
(14) 
A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substance to the user.
(15) 
A device, commonly known as a snorter, that is specifically designed to carry a measured amount of a controlled substance to the user's nose.
(16) 
A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil or carburetor cleaner which contains a compartment for carrying and concealing controlled substances.
(17) 
A spoon, with or without a chain attached, that has a small diameter bowl and is specifically designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body.
C. 
A controlled substance is any drug, substance, or immediate precursor defined by the Michigan Public Health Code as a controlled substance, or defined as a controlled substance by the laws of the United States, including Section 102, Paragraph (6), of the Controlled Substances Act, 21 U.S.C. § 802(6).
D. 
In determining whether an object is "drug paraphernalia," in addition to all other relevant factors, the following factors shall be considered:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object to controlled substances, and or to other objects reasonably considered to be drug paraphernalia.
(3) 
The existence of any residue of controlled substances on the object.
(4) 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object.
(5) 
Instructions, oral or written, provided with the object concerning its use.
(6) 
Descriptive materials accompanying the object which explain or depict its potential for illegal use.
(7) 
National and/or local advertising concerning its suitability for illegal use.
(8) 
The existence and scope of legitimate uses for the object in the community.
(9) 
Expert testimony concerning its use.
E. 
The provisions of this chapter are severable, and the invalidity of any phrase or part of this chapter shall not affect the validity of the remainder of this chapter.
F. 
Penalty.
(1) 
Any person, firm or corporation violating any provision of this section shall be sentenced to not more than 90 days in jail and/or a fine of not more than $500 for each offense.
(2) 
Any drug paraphernalia used, or possessed, in violation of this section may be seized and forfeited to the City.
[1]
Editor's Note: Former § 19.29, Possession and/or use of marihuana, amended 5-30-2001, was repealed 2-4-2019.
[Added 12-20-2012; amended 7-18-2013; 6-1-2020]
A. 
Short title. This section shall be known and may be cited as the "Fireworks Ordinance."
B. 
Purpose. The purpose of this section is to provide for the regulation of the ignition, discharge, and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, MCLA 28.541 et seq., as amended.
C. 
As used in this section, the following terms shall be defined as follows:
ACT
The Michigan Fireworks Safety Act, Public Act No. 256 of 2011, MCLA 28.451 to 28.471, as amended, which is hereby adopted by reference as a part of this section.
APA STANDARD 87-1
The Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition, published by the American Pyrotechnics Association of Bethesda, Maryland.
ARTICLES PYROTECHNIC
Devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 CFR 172.101.
CONSUMER FIREWORKS
Fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR Parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.
DISPLAY FIREWORKS
Large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.
FIREWORK or FIREWORKS
Any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, home-made fireworks, and special effects.
HOME-MADE FIREWORKS
Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation that is not produced by a commercial manufacturer and does not comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission under 16 CFR Parts 1500 and 1507.
LOW-IMPACT FIREWORKS
Ground and hand-held sparkling devices, as that phrase is defined under APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
MINOR
An individual who is less than 18 years of age.
PERSON
An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.
SPECIAL EFFECTS
A combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion-picture, radio, television, theatrical, or opera production or live entertainment.
D. 
Ignition, discharge and use of consumer fireworks generally. No person shall ignite, discharge or use consumer fireworks except after 11:00 a.m. on the following days:
(1) 
December 31 until 1:00 a.m. January 1.
(2) 
The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m.
(3) 
June 29 to July 4 until 11:45 p.m. on each of those days.
(4) 
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5) 
The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
E. 
Use and possession of consumer fireworks by a minor. A minor shall not ignite, discharge, use or possess consumer fireworks.
F. 
Use of consumer fireworks on public property or the property of others. A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization's or person's express permission to use those fireworks on those premises.
G. 
Use of consumer fireworks while under the influence. An individual shall not use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. As used in this subsection:
(1) 
"Alcoholic liquor" means that term as defined in Section 1d of the Michigan Vehicle Code, 1949 PA 300, MCLA 257.1d.
(2) 
"Controlled substance" means that term as defined in Section 8b of the Michigan Vehicle Code, 1949 PA 300, MCLA 257.8b.
H. 
Reckless use of consumer fireworks. An individual shall not use consumer fireworks in a reckless manner.
(1) 
As used in this subsection, "reckless" means "conduct demonstrating a substantial lack of concern as to whether injury results to people or property."
I. 
Determination of violation; seizure. If a governmental or law enforcement agency determines that a violation of this section or the Act has occurred, an officer of that agency may seize the consumer fireworks as evidence of the violation.
J. 
Penalty.
(1) 
A violation of this section is a civil infraction with a fine of $1,000 for each violation. Each consumer firework discharged in violation of this section shall constitute a separate offense. $500 of each fine collected pursuant to this section shall be remitted to the City of Lapeer.
(2) 
Following final disposition of a finding of responsibility for violating this section, the City may dispose of or destroy any consumer fireworks retained as evidence in that prosecution.
(3) 
In addition to any other penalty, a person that is found responsible for a violation of this section shall be required to reimburse the City for the costs of storing, disposing of, or destroying of consumer fireworks that were confiscated for a violation of this section or the Act as set forth in Section 14 of the Act.
(4) 
Any state civil infraction issued and enforced by the City of Lapeer other than that conduct punishable as set forth Subsection J(1) above shall be punishable by a fine of $500 or more pursuant to Section 12 of the Act.
K. 
Severability. If any section, subsection, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this section, and such holding shall not affect the validity of the remaining portions of this section.
L. 
Savings. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this section takes effect are saved and may be consummated according to the law in force when they are commenced.
M. 
Repeal of ordinances in conflict herewith. Any and all ordinances of the City of Lapeer or any parts or provisions thereof, to the extent that they are contrary to or inconsistent with the provisions of this section, are hereby expressly repealed.
N. 
Effective date. This section shall take immediate effect upon publication in accordance with the provisions and requirements of the City Charter of the City of Lapeer.
[Added 4-5-2021]
A. 
Pursuant to the authority granted by Public Act 124 of 2020, the City of Lapeer Commission may designate by resolution a social district and commons area, which shall be clearly marked with appropriate signage within the social district.
B. 
This section is to be strictly construed as a limited exception to, and not in conflict with, § 19-2H(2) of Chapter 19, Offenses Against Public Peace, Safety and Morals, or § 3-5D(1)(a)[10] of Chapter 3, Food and Health, of the City of Lapeer Ordinances, which generally prohibit the public consumption of, and possession of, open containers of alcoholic beverages within or upon any public street, sidewalk, alley, parking lot or property used for municipal purposes by the City of Lapeer and for purposes of Chapter 7, Zoning, Article XVII, §§ 7-17.01 through 7-17.11, the social district shall constitute the defined area required by this section for the holder of a social district permit.
C. 
Definitions. As used in this section:
COMMONS AREA
An area within a social district clearly designated and clearly marked in accordance with the management and maintenance plan adopted by the City of Lapeer and which is shared by and contiguous to the premises of at least two qualified licensees. The district shall constitute the "defined area" while this section is in effect and the business is in compliance.
QUALIFIED LICENSEE
A retailer that holds a license, other than a special license, to sell alcoholic liquor for consumption on the licensed premises; and a manufacturer with either: a) an on-premises tasting room permit, b) an off-premises tasting room license, or c) a joint off-premises tasting room license.
SOCIAL DISTRICT PERMIT
An approved application by the City of Lapeer Commission and a permit issued by the Michigan Liquor Control Commission to a qualified licensee to operate within the social district commons area in accordance with Michigan statutes, this chapter and the Historic Lapeer Social District Permit Rules and Regulations made part of any approved social district permit.
D. 
The creation of a commons area shall include the adoption of a management and maintenance plan, which may be amended as necessary, for the protection of the health and safety of the community and includes, but is not limited to, limitations on the dates and times of operation and defined locations for a commons area.
E. 
Except as provided by state law, a qualified licensee and holder of a social district permit issued by the Michigan Liquor Control Commission and with approval by the City of Lapeer Commission may sell alcoholic liquor for consumption within the confines of a commons area when all of the following requirements are met:
(1) 
The qualified licensee and holder of a social district permit has not had their liquor license or social district permit suspended by the Michigan Liquor Control Commission.
(2) 
The qualified licensee and holder of the social district permit only sells and serves alcoholic liquor on the holder's licensed premises.
(3) 
The qualified licensee and holder of the social district permit only serves alcoholic liquor to be consumed in the commons area in a container to which all of the following apply:
(a) 
The container prominently displays the qualified licensee's and social district permit holder's trade name or logo;
(b) 
The container shall also prominently display a special logo that is unique to the social district as determined by the City;
(c) 
The container is not glass; and
(d) 
The container has a liquid capacity that does not exceed 16 ounces.
F. 
A purchaser or person in possession of alcoholic liquor may remove a container of alcoholic liquor sold by a qualified licensee and holder of a social district permit from the social district permittee's licensed premises to the commons area if all of the following conditions are met:
(1) 
The purchaser or person in possession of an alcoholic liquor does not remove the container from the commons area;
(2) 
While possessing the alcoholic liquor container, the purchaser or person in possession of alcoholic liquor does not enter a qualified licensee's and holder of a social district permit's premises other than the qualified licensee from which the alcoholic liquor container was purchased;
(3) 
The purchaser or person in possession of alcoholic liquor does not possess alcoholic liquor within a motor vehicle; and
(4) 
The purchaser or person in possession of alcoholic liquor does not consume or possess alcoholic liquor in the traveled portion of an open-for-vehicular-travel roadway.
G. 
The consumption of alcoholic liquor from a container in a commons area as allowed under this section may only occur during the hours established by the management and maintenance plan for the commons area.
H. 
A purchaser or person in possession of alcoholic liquor violating the restrictions set forth in this section is guilty of a municipal civil infraction punishable by a fine of up to $100 and associated court costs.
I. 
A qualified licensee and holder of a social district permit or their employee violating or allowing others to violate the restrictions set forth in this section is guilty of a municipal civil infraction punishable by a fine of up to $100 and associated court costs and suspension of social district permit and a violation notification to the Liquor Control Commission.
J. 
The City of Lapeer Commission reserves the ability to revoke or suspend the social district designation if it determines that the activities within or existence of the commons area threaten the health, safety, or welfare of the public or have become a public nuisance or that a suspension and/or hours of operation modification is in the best interest of health, safety, or welfare of the public. Before revoking the designation, the City Council will hold at least one public hearing, the time and place thereof which shall be noticed as required by the Open Meetings Act, MCLA § 15.261 et seq., on the proposed revocation.
K. 
The City of Lapeer Commission reserves the ability to withdraw approval of an application by a qualified licensee submitted to the Michigan Liquor Control Commission.
L. 
The City Clerk is authorized and directed to file this section and any resolutions setting forth the designation of the social district and commons areas, along with the management and maintenance plans adopted pursuant to this section, with the Michigan Liquor Control Commission.
M. 
Severability. In the event that any one or more provision, phrases or words of this section shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability of the remaining provisions, phrases or words of this section.
N. 
Effective date. This amendatory section shall be effective 10 days after adoption by the City Commission and after publication as provided by the Charter of the City of Lapeer.
O. 
Terminatioin. This section shall be inapplicable after December 31, 2024, without a resolution issued by the City of Lapeer Commission for continuance as outlined within State of Michigan Public Act 124 of 2020.