City of Port Huron, MI
St. Clair County
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Table of Contents
Table of Contents
[Code 1975, § 24-35; Code 1992, § 20-221; 3-25-1996 by Ord. No. 1095]
(a) 
Definition. As used in this section, the term "fireworks" means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect or both, by combustion, deflagration, or detonation. For the purposes of this section only, the following shall not be considered fireworks:
(1) 
Flat paper 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 of a type approved by the Director of the Department of State Police in which paper caps as described in Subsection (a)(1) of this section are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.
(3) 
Sparklers containing not more than 0.0125 pound of burning portion per sparkler.
(4) 
Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, cone fountains, and cylinder fountains.
(5) 
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.
(6) 
Possession, transportation, sale, or use of signal flares of a type approved by the Director of the Department of State Police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all items described in Subsection (a)(2) of this section used by railroads for emergency signal purposes.
(b) 
No fireworks may be offered for sale, displayed for sale, or sold at retail in the City without a permit from the City Clerk and approved by the Fire Chief or his or her designee, as described in Subsection (c) of this section.
(c) 
Peddlers, solicitors, and transient merchants, as defined in § 12-381, must obtain a permit as follows:
(1) 
Applicants shall submit completed applications, available at the City Clerk's office, with samples of each product to be sold at least one month prior to the first date the applicant intends to sell fireworks.
(2) 
The Fire Chief or his or her designee shall review all applications and samples submitted and approve or deny the application.
(3) 
Upon the granting of any application, a peddler, solicitor, or transient merchant will be allowed to sell only those fireworks expressly identified in the applicant's permit. Any violation of the terms of the permit after issuance will be cause for suspension or immediate revocation of the permit.
(4) 
Upon the denying of any application, a peddler, solicitor, or transient merchant will be provided an appeal form.
(d) 
Any person found to have violated the terms of the permit shall be precluded from receiving a permit for the sale of fireworks for the two years succeeding the year of the permit violation.
[Code 1975, § 24-7; Code 1992, § 20-222; 9-26-1994 by Ord. No. 1062; 3-24-1997 by Ord. No. 1116; 9-12-2011 by Ord. No. 1325; 10-24-2011 by Ord. No. 1333]
(a) 
No person shall discharge any firearm, spring gun, air gun, slingshot, bow and arrow or other device capable of or designed to discharge any shot, pellet or missile likely to inflict bodily injury, in the City, except when lawfully acting in the defense of persons or property or the enforcement of law or at a duly established range, the operation of which has been approved by the City Council. Also, bow and arrow instruction will be allowed at an approved site under supervision of a qualified instructor as part of the curriculum of an accredited education system and with appropriate indemnification of the City approved by the City Legal Department.
(b) 
No person shall transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel, within the City, any air gun, spring gun or other device capable of or designed to discharge any shot, pellet, or missile likely to inflict bodily injury and/or property damage, unless the device is unloaded and is one or more of the following:
(1) 
Disassembled.
(2) 
Enclosed in a case.
(3) 
Carried in the trunk of the vehicle.
(4) 
Inaccessible from the interior of the vehicle.
(c) 
No person shall possess or show or display a gun, toy gun, starter pistol, blank gun or device of similar nature in a nonthreatening manner, but with the intent to convey the impression to a person that the gun, toy gun, starter pistol, blank gun or similar device is actually a lethal weapon capable of causing a reasonable person to believe that the person possessing such object is armed with a dangerous weapon.
(d) 
No person under 18 years of age shall use or possess any handgun designed and manufactured exclusively for propelling BBs not exceeding 0.177 caliber by means of spring, gas or air, outside the curtilage of his or her domicile unless he or she is accompanied by a parent, legal guardian, or their designee.
(e) 
An individual who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.
[Code 1975, § 24-8; Code 1992, § 20-223]
(a) 
It shall be unlawful for any person to sell, offer for sale, keep, possess, use or loan any switchblade knife or self-opening knife.
(b) 
A switchblade knife or self-opening knife is hereby defined, for the purposes of this section, as a knife containing a blade which opens by the release of a spring or similar contrivance.
[Code 1975, § 24-9; Code 1992, § 20-224]
(a) 
No person shall throw or propel any snowball, missile or object toward any person or vehicle.
(b) 
No person shall throw or propel any snowball, missile or object from any moving vehicle.
[Code 1975, § 24-10; Code 1992, § 20-225]
No person shall willfully destroy, remove, damage, alter or in any manner deface any property not his or her own or any public school building or any public building, bridge, fire hydrant, alarm box, streetlight, street sign, or railroad sign or signal; mark or in any manner mar the walls of any public building or fence or pole within the City; or destroy, take or meddle with any property belonging to the City or remove the property from the building or place where it is kept, placed or stored, without proper authority.
[Code 1975, § 24-15; Code 1992, § 20-226; 1-25-1993 by Ord. No. 1032]
(a) 
No person shall have in his or her possession, either inside or outside of any building, structure or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or any other similar airtight container of any kind which has a snap latch or other locking device thereon, without first removing the snap latch or other locking device or the doors from such icebox, refrigerator or other similar container.
(b) 
Any such abandoned, unattended or discarded icebox, refrigerator or other similar airtight container is deemed a nuisance per se and may be abated by the City by removal or otherwise without notice. The costs of abatement shall be recoverable against the person responsible for a violation of this section. The registered owner of property on which any such icebox, refrigerator or other similar airtight container is found shall be presumed in possession of the icebox, refrigerator or other similar airtight container for purposes of prosecution and recovery of costs under this section.
[9-12-2011 by Ord. No. 1325]
(a) 
Except as provided in Subsection (b), a person shall not knowingly brandish a firearm in public.
(b) 
Subsection (a) does not apply to any of the following:
(1) 
A peace officer lawfully performing his or her duties as a peace officer.
(2) 
A person lawfully engaged in hunting.
(3) 
A person lawfully engaged in target practice.
(4) 
A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(c) 
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.
[9-12-2011 by Ord. No. 1325]
(a) 
Except as provided in Subsection (b), a person shall not possess a firearm on the premises of any of the following:
(1) 
A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(2) 
A church or other house of religious worship.
(3) 
A court.
(4) 
A theatre.
(5) 
A sports arena.
(6) 
A day-care center.
(7) 
A hospital.
(8) 
An establishment licensed under the Michigan Liquor Control Act, Act No. 8 of the Public Acts of the Extra Session of 1933, being Sections 436.1 to 436.58 of the Michigan Compiled Laws.
(b) 
This section does not apply to any of the following:
(1) 
A person who owns, or is employed by or contracted by, an entity described in Subsection (a) if the possession of that firearm is to provide security services for that entity.
(2) 
A peace officer.
(3) 
A person licensed by this state or another state to carry a concealed weapon.
(4) 
A person who possesses a firearm on the premises of an entity described in Subsection (a) if that possession is with the permission of the owner or an agent of the owner of that entity.
(c) 
A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.
[9-12-2011 by Ord. No. 1325; 10-24-2011 by Ord. No. 1333]
Any person who shall recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
[10-24-2011 by Ord. No. 1333]
(a) 
An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
(1) 
The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(2) 
The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(3) 
Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
(b) 
A person who carries and/or possess a firearm in violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(c) 
A person who uses and/or discharges a firearm in violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
[7-9-2012 by Ord. No. 1339; 8-13-2012 by Ord. No. 1342; 8-12-2013 by Ord. No. 1352; 9-9-2013 by Ord. No. 1353]
In order to protect the safety, peace and welfare of the residents of the City of Port Huron, this division regulates the use of consumer fireworks within the City consistent with the Michigan Fireworks Safety Act.
[7-9-2012 by Ord. No. 1339; 8-13-2012 by Ord. No. 1342; 8-12-2013 by Ord. No. 1352; 9-9-2013 by Ord. No. 1353; 7-8-2019 by Ord. No. 19-006]
As used in this division:
ACT
The Michigan Fireworks Safety Act, Public Act 256 of 2011, MCL 28.451 et seq.
APA STANDARD 87-1
Standard for construction and approval for transportation of fireworks, novelties, 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 Parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks are often commonly known as, but not limited to, sky rockets, bottle rockets, missile-type rockets, helicopters, aerial spinners, roman candles, mine and shell devices, aerial shell kits, firecrackers, chasers, and certain multiple-tube fireworks devices. Consumer fireworks does not include low-impact fireworks.
LOW-IMPACT FIREWORKS
Ground and hand-held sparkling devices as that phrase is defined in APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5. "Low-impact fireworks" are often commonly known as, but not limited to, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, certain toy smoke devices, certain wire sparklers/dipped sticks, and certain multiple tube fireworks devices.
PERSON
An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representation, partnership, unincorporated organization, or any other legal or commercial entity.
[7-9-2012 by Ord. No. 1339; 8-13-2012 by Ord. No. 1342; 8-12-2013 by Ord. No. 1352; 9-9-2013 by Ord. No. 1353; 7-8-2019 by Ord. No. 19-006]
(a) 
Consumer fireworks shall not be ignited, discharged or used in the City of Port Huron except on the following dates and times:
(1) 
December 31 from 11:00 a.m. until January 1 until 1:00 a.m.
(2) 
The Saturday and Sunday immediately preceding Memorial Day (allowed only from 11:00 a.m. to 11:45 p.m. on both days).
(3) 
From June 29 through July 4 (allowed only from 11:00 a.m. to 11:45 p.m. on each day).
(4) 
July 5 from 11:00 a.m. to 11:45 p.m. if July 5 falls on a Friday or Saturday.
(5) 
The Saturday and Sunday immediately preceding Labor Day (allowed only from 11:00 a.m. to 11:45 p.m. on both days).
A person who violates this subsection shall be responsible for a municipal civil infraction, punishable by a fine of $1,000. $500 of the fine collected under this section shall be remitted to the City of Port Huron Police Department.
(b) 
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. "Property of another person" includes hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas. A person who violates this subsection is responsible for a state civil infraction, punishable by a fine of up to $1,000, as provided by the Act.
(c) 
A person who ignites, discharges or uses 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, is guilty of a state civil infraction, punishable by a fine of up to $1,000; or if the violation caused damage to the property of another person, guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000, or both.
(d) 
A person who owns or is in charge of property who knowingly allows consumer fireworks to be ignited, discharged or used in violation of this subsection shall be responsible for a municipal civil infraction, punishable by a fine of $1,000.
(e) 
Notwithstanding the provisions of Subsection (a) of this section, if the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to extreme fire conditions or if the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to very high for 72 consecutive hours, the City of Port Huron Fire Chief, in consultation with the Department of Natural Resources, has the authority to enforce a no-burning restriction that includes a ban on the ignition, discharge, and use of consumer fireworks within a city. If a no-burning restriction is instituted under this subsection, the Fire Chief shall ensure that adequate notice of the restriction is provided to the public. Not more than 24 hours after the fire condition is downgraded from extreme or very high fire condition, the Fire Chief shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public. A person who violates such a ban shall be responsible for a municipal civil infraction, punishable by a fine of $1,000.