[Code 1979, § 9.102(24)]
It shall be unlawful for any person in the City to throw or
place any glass bottle or jar or broken glass on any street, alley,
sidewalk, public parking lot or public park, or on any property not
his own.
[Amended 4-15-1974; 3-15-1999 by Ord. No. 99-01]
(a) Definitions.
(1)
A "dangerous weapon" is any object that is used in a way that
is likely to cause serious physical injury or death.
(2)
If an object is used in a way that is likely to cause serious
physical injury or death, it is a "dangerous weapon".
(3)
"Serious physical injury" means a physical injury that constitutes
permanent serious bodily disfigurement of that seriously and irreparably
impairs the functioning of a body organ or limb. Serious injury includes,
but is not limited to, one or more of the following:
a.
Loss of limb or use of a limb.
b.
Loss of a hand, foot, finger, or thumb of use of a hand, foot,
finger, or thumb.
c.
Loss of an eye or ear or use of an eye or ear.
d.
Loss or substantial impairment of a bodily function.
e.
Serious visible disfigurement.
f.
A comatose state that lasts for more than three days.
g.
Measurable brain damage or mental impairment.
h.
A skull fracture or other serious bone fracture.
i.
Subdural hemorrhage or hematoma.
(b) Prohibitions. It shall be unlawful to carry on any person or in the
passenger compartment of any motor vehicle any dangerous weapon, including
but not limited to, segments of chain, hunting knives, jackknifes
having one or more blades which exceed three inches in length, clubs,
paintball guns, metal pipes or any other dangerous weapon, unless
carried in the normal course of business or profession, excluding
firearms.
[Code 1979, § 9.102(20)]
It shall be unlawful for any person in the City to spit upon
or otherwise mar or litter any hallway, stairway, sidewalk or steps
to any public building or place of worship, or smoke in or spit on
the floor of any public bus.
[Amended 6-18-2012 by Ord. No. 12-01]
(a) Short title. This section shall also be known and may be cited as
the "2012 fireworks ordinance."
(b) Statement of purpose. This [section repeals] the former § 50-139,
discharge of fireworks or explosives, and [readopts the section] to
provide for the regulation of the ignition, discharge and use of consumer
fireworks, as allowed under the Michigan Fireworks Safety Act, MCLA
§ 28.451 et seq., as amended.
(c) Definitions. As used in this section, the following terms shall be
defined as follows:
APA STANDARD 87-1
2001 APA standard 87-1, standard for construction and approval
for transportation of fireworks, novelties, and theatrical pyrotechnics,
and theatrical pyrotechnics, published by the American Pyrotechnics
Association of Bethesda, Maryland.
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 Part
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 firework 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.
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 to include
"display", "consumer" and "low-impact" as defined under Act 256 of
2011.
LOW-IMPACT FIREWORKS
Ground and handheld 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.
NATIONAL HOLIDAY
The following legal public holidays:
(1)
New Year's Day, January 1.
(2)
Birthday of Martin Luther King, Jr., the third Monday in January.
(3)
Washington's Birthday, the third Monday in February.
(4)
Memorial Day, the last Monday in May.
(5)
Independence Day, July 4.
(6)
Labor Day, the first Monday in September.
(7)
Columbus Day, the second Monday in October.
(8)
Veteran's Day, November 11.
(9)
Thanksgiving Day, the fourth Thursday in November.
(10)
Christmas Day, December 25.
NOVELTIES
That term as defined under APA Standard 87-1, 3.2, 3.2.1,
3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:
(1)
Toy plastic or paper caps for toy pistols in sheets, strips,
rolls, or individual caps containing not more than 0.25 of a grain
of explosive content per cap, in packages labeled to indicate the
maximum explosive content per cap.
(2)
Toy pistols, toy cannons, toy canes, toy trick noisemakers,
and toy guns in which toy caps as described in Subparagraph (1) of
this definition are used, that are constructed so that the hand cannot
come in contact with the cap when in place for the explosion, and
that are not designed to break apart or be separated so as to form
a missile by the explosion.
(3)
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(4)
Toy snakes not containing mercury, if packed in cardboard boxes
with not more than 12 pieces per box for retail sale and if the manufacturer's
name and the quantity contained in each box are printed on the box;
and toy smoke devices.
(d) Ignition, discharge and use of fireworks.
(1)
Display fireworks — public and private lands. No person(s)
shall ignite, discharge or use "display fireworks" on any lands within
the City without authorization and or approval by the City Council
and subject to any fees, licenses, forms, or applications they deem
fit.
(2)
Consumer fireworks — public lands. No person(s) shall
ignite, discharge or use "consumer fireworks" on public lands within
the City limits without proper authorization by the governing body
of such public lands and subject to any fees, licenses, form, or applications
deemed necessary by the governing body.
Consumer fireworks — private property. No person(s) shall
ignite, discharge or use "consumer fireworks" on private property
in the City except on the day preceding, the day of, or the day after
a national holiday as so defined under Subsection (c) of this section
and subject to the approval of property owner.
(3)
Low-impact fireworks — private. Under Public Act 256 of
2011, all person(s) shall have the right to ignite, discharge or use
"low-impact" fireworks subject to approval by the property owner any
other ordinances in the City such as nuisance, or noise restrictions.
Low-impact fireworks — public. All person(s) shall have
the right to ignite, discharge or use "low-impact" fireworks on public
lands within the City upon approval of the governing body of such
lands and subject to any other ordinances in the City such as nuisance,
or noise restrictions.
(4)
Novelties. Under Public Act 256, MCLA § 28.453, the
local unit of government has no authority to enact or enforce an ordinance,
code, or regulation pertaining to, or in any manner regulating, the
sale, storage, display for sale, transportation, use, or distribution
of novelties.
(e) Possession of consumer or display fireworks by minor. A minor shall
not possess consumer or display fireworks.
(f) Determination of violation; seizure. If a police officer determines
that a violation of this section has occurred, the officer may seize
the fireworks as evidence of the violation.
(g) Penalty.
(1)
A violation of this section shall constitute a misdemeanor punishable as hereafter set forth subject to punishment as provided in §
1-14 of this Code.
(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 fireworks
that were confiscated for a violation of this section.
(h) 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.
(i) Repealed. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this section full force and effect. The current Chapter
50 §
50-139 is repealed in its entirely.
(j) Effective date. This section shall take effect immediately upon publication
in a newspaper of general circulation after final passage of the City
Council.
[Code 1979, § 9.102(4)]
It shall be unlawful for any person within the City to discharge
any firearm, air rifle, air pistol, pellet gun, or bow and arrow in
the City, except when lawfully acting in the defense of person or
property or the enforcement of law or at a duly established range,
the operation of which has been approved by the City Council.
[Code 1979, § 9.107]
It shall be unlawful for any person to hunt within the corporate
limits of the City, except that any farmer owning farm land within
the City may hunt thereon with a shotgun loaded with bird shot only,
or bow and arrow, and may while so hunting have as his guest not more
than two other persons; provided, however, that no gun shall be fired
or discharged or bow and arrow shot within 300 yards of any dwelling
house located in the corporate limits of the City.
[Code 1979, § 9.102(32)]
It shall be unlawful for any person in the City to explode,
break or set off any stench bomb or other device which produces an
offensive or nauseating odor.
[Code 1979, § 9.102(31)]
It shall be unlawful for any person in the City to pollute any
creek, stream, lake or watercourse by throwing, casting or depositing
therein any waste materials, sewage or other noxious, poisonous or
offensive substance.
[Amended 7-15-1996 by Ord. No. 96-07; 8-6-2007 by Ord. No. 07-01]
(a) No person shall obstruct, resist, hinder or oppose any member of
the police force, or any police officer in the discharge of his or
her duties as such.
(b) Anyone violating this section or any subsections, paragraphs, clauses
and parts hereof, is guilty of a misdemeanor and shall be punished
by a fine of not more than $500, or by imprisonment in the county
jail for a period of not more than 90 days, or both such fine and
imprisonment in the discretion of the court of competent jurisdiction.