City of Coldwater, MI Safety, Sanitation and Health

The owner and/or occupant of land abutting the following defined areas shall, within 24 hours of a snow storm or ice storm, remove such snow or ice from the public sidewalks:

The area included in the C-2 Central Business District as shown on the Zoning Map of the City.

All sidewalks within 300 feet of a publicly or privately owned school building or school property or any other educational building or property located within the City.

(b)

Obstructions. It shall not be lawful for any person to place or cause to be placed any snow, dirt, trash, goods, wares or merchandise on the public sidewalks, or in any way to obstruct free passageway along and over the sidewalks of the City, without first obtaining the approval of Council, or approval as provided in Section 1022.16 of these Codified Ordinances.

(c)

Cleanliness. Property owners and/or occupants shall keep the sidewalks abutting their premises clear and clean, and shall remove all papers, leaves, trash, personal property, grass and weed overgrowth, and all protruding branches or overhanging shrubbery, thereby providing a passage at least seven feet high and six inches outside of the sidewalk boundaries.

§ 670.02 Expectorating.

[Ord. No. 243, passed 10-28-1963]

It shall be unlawful, within the limits of the City, for any person to spit or expectorate upon any sidewalk or any walk in a public park or public grounds, or upon the floors, stairs or steps of public halls, theaters or other buildings frequented by the public.

§ 670.03 Issuance of civil infraction citations and notices.

[Ord. No. 500, passed 12-12-1994]

The Building Commissioner or his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.

§ 670.04 Drug paraphernalia.

[Ord. No. 718, passed 3-24-2008]

(a)

Short title and citation. This section shall be known and cited as the City of Coldwater Drug Paraphernalia Section.

(b)

Definitions.

(1)

DRUG PARAPHERNALIA — Means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Public Health Code of the State of Michigan. It includes, but is not limited to:

Kits used, intended for use, or designed 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;

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

Isomerization devises used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

Capsules, balloons, designed for use in packaging small quantities of controlled substances;

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks;

Roach clips: meaning objects used to hold burning material such as a marijuana cigarette, that has become too small or too short to be held in the hand;

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs; or

Ice pipes or chillers.

(2)

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

Statements by an owner or by anyone in control of the object concerning its use;

Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance;

The proximity of the object, in time and space, to a controlled substance;

The existence of a relationship between the object and controlled substances;

The existence of any residue of controlled substances on the object;

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons he or she knows, or should reasonably know, to use the similar object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.

Instructions, oral or written, provided with the object concerning its use;

Descriptive material accompanying the object which explain or depict its use;

National and local advertising concerning its use;

The manner in which the object is displayed for sale;

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

The existence and scope of legitimate uses for the object in the community; and

Expert testimony concerning the use of the object.

(c)

Offenses.

(1)

Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

(2)

Manufacture, sale, or delivery of drug paraphernalia. It is unlawful for any person to sell, deliver, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, stone, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(3)

Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of any objects designed or intended for use as drug paraphernalia.

(d)

Exceptions. This section shall not apply to the following:

[Amended 2-11-2019 by Ord. No. 818]

(1)

Manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, and embalmers in normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.

(2)

The possession, manufacture, sale, or delivery of drug paraphernalia used in connection with the medical use of marihuana by qualifying patients or primary caregivers, as those terms are defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq., in compliance with the Michigan Medical Marihuana Act.

(3)

The possession, manufacture, sale, or delivery of drug paraphernalia used in connection with the recreational use of marihuana by persons as that term is defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27101 et seq., acting in compliance with the Michigan Regulation and Taxation of Marihuana Act.

(e)

Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use, sell, or deliver, or manufactured with the intent to use, sell, or deliver, in violation of this section, shall be seized and forfeited to the City.

(f)

Penalty. Any person who shall be convicted of a violation of any provision of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 90 days, or both. Each day a violation continues shall be considered a separate offense and may be punished accordingly.

§ 670.05 Prohibition on sale and consumption of marihuana in public places.

[Added 12-10-2018 by Ord. No. 817]

(a)

In conformance with Sections 4.1(e) and 6.2(b) of the Act, the sale or consumption of marihuana in any form and the sale or display of marihuana accessories, as defined by the Act, is prohibited on any City-owned or -controlled property within the boundaries of the City of Coldwater.

(b)

Any person who violates any of the provisions of this section shall be responsible for a municipal civil infraction punishable by a civil fine of $500, plus court-imposed costs.

(c)

This section does not supersede rights and obligations with respect to the transfer and consumption of marihuana on private property to the extent authorized by the person who owns, occupies or operates such property, as provided in and authorized by the Act, and does not supersede rights and obligations with respect to the use of marihuana for medical purposes as provided by any law of the State of Michigan allowing for or regulating marihuana for medical use.

§ 670.06 Fireworks.

[Added 6-10-2019 by Ord. No. 820]

(a)

Definitions.

CONSUMER FIREWORKS

Fireworks devices that are designed to produce visible or audible 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 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, designated 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, and special effects.

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 under 18 years of age.

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 Subsection (1) 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.

(b)

Prohibition on use of consumer fireworks.

(1)

A person shall not ignite, discharge or use fireworks within the City, except that consumer fireworks may be discharged on the following dates after 11:00 a.m. on the following days, consistent with Section 7(2) of Public Act 256 of 2011, as amended, and all other applicable local, state, or federal regulations:

December 31 until 1:00 a.m. on January 1;

The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days;

June 29 to July 4 until 11:45 p.m. on each of those days;

July 5, if that date is a Friday or Saturday, until 11:45 p.m.;

The Saturday and Sunday immediately preceding Labor Day, until 11:45 p.m. on each of those days.

(2)

Notwithstanding the foregoing, no minor shall use, ignite, or possess any consumer fireworks unless under the direct supervision of an adult at all times.

(c)

Prohibition on discharge of fireworks on specified property. A person shall not ignite, discharge, or use consumer fireworks at any time on public property, school property, church property, or the property of another person without that organization's or person's express permission. This prohibition and restriction shall not apply to the ignition, discharge or use of consumer or display fireworks for educational and/or training purposes as approved, in writing, by the Director of Police and Fire Services or his or her designee.

(d)

Novelties not prohibited. Novelties and model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models are not included within the items prohibited by this section. Also not included are sparklers containing not more than 0.0125 pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding 1/8 inch in diameter, 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 thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than 0.25 of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.

(e)

Enforcement. The Director of Police and Fire Services his or her designees and/or sworn law enforcement officers are authorized to enforce the provisions of this section.

(f)

Violations, fines, penalties and seizure.

(1)

Any person, firm, corporation or entity violating the provisions of § 670. 06(b) shall be guilty of a civil infraction and shall be fined as follows:

First offense: a fine of $100;

Second offense within one year of a first offense: a fine of $250;

Third and subsequent offenses within one year of a first offense: a fine of $500.

(2)

The issuance of one civil infraction citation for a violation shall not excuse the violation or permit it to continue, and each violation after the first, regardless of when committed, shall constitute a separate offense, although the violation may occur on the same day as the first.

(g)

Severability. The various parts, sections and clauses of this section are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the validity of the remainder of this section shall not be affected.

(h)

Repeal. 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.

§ 670.99 Penalty.

[Ord. No. 500, passed 12-12-1994; Ord. No. 728, passed 3-23-2009]

Except as otherwise provided in Section 670.04, a person who violates any provision of this chapter is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $10, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $20, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $50, plus costs and other sanctions, for each infraction.