[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; 2-27-2023 by Ord. No. 23-001]
(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:
(c)
No person shall show a toy gun, starter pistol, blank gun or device
of similar nature in a threatening manner, with the intent to convey
the impression to a person that the 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]
[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.
(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:
The Michigan Fireworks Safety Act, Public Act 256 of 2011,
MCL 28.451 et seq.
Standard for construction and approval for transportation
of fireworks, novelties, and theatrical pyrotechnics, published by
the American Pyrotechnics Association of Bethesda, Maryland.
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.
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.
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.
