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(A) No person, firm, or corporation shall cause or knowingly permit dynamite, nitroglycerine, gunpowder, or other high explosive of any kind or nature to be exploded or fired within the limits of this village without first obtaining a permit therefor as hereinafter provided; nor at all within 500 feet of any dwelling, school house, church, or other public place, except in extreme emergency.
(B) Any person desiring to fire or explode any of the explosives referred to in division (A) above hereof, shall make written and signed application therefor specifying the purpose, place, and time the same is to be used, and presenting the same to the Village President or Village Marshal and obtaining his or her signed approval thereof, and filing same with the approval with the Village Clerk, setting forth the time, place, and purpose of the use of said explosives.
(C) No person, firm, or corporation shall handle, keep, store, or house within 1,000 feet of any dwelling, church, school house, or other public place, nor within the business district of this village, any of the explosives described in division (A) above, exceeding a harmless quantity hereof, at any time whatsoever.
(D) The keeping or storing of any of the explosives described in division (A) above is hereby declared to be dangerous and a public nuisance, and any such explosive found in the prohibited district described in division (C) above may be destroyed or removed forthwith by any police officer or constable or any other police officer of this state, and without any liability on his, her, or their part.
(Ord. 75-10, passed - -) Penalty, see § 130.99
(A) Purpose and intent. This section is adopted so that the Village Council may promote the public health, safety and general welfare within the village through the regulation of the discharge of firearms, air guns, zip guns, bows, crossbows and similar devices. By prohibiting the discharge of firearms, air guns and zip guns, and by restricting the discharge of bows and crossbows, the Village Council seeks to prevent bodily injury, death, property damage and other nuisances within the village limits.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only and shall not be used in the interpretation of this section.
AIR GUN. Any implement, designed as a gun, that will expel a BB or pellet by spring, gas or air. AIR GUN includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
BOW. A flexible strip of wood or other material, bent by a string stretched between its ends, capable of propelling an arrow.
CROSSBOW. A weapon capable of propelling an arrow consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism.
FIREARM. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance or any device readily convertible to that use. FIREARM includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers and pistols.
PERSON. An individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities and shops.
PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the village has an interest.
TARGET. An inanimate object capable of safely absorbing an arrow discharged or shot from a bow or crossbow without allowing the arrow to pass completely through the object.
VILLAGE. The municipality of the village located in Emmet County, Michigan, its agents and assigns.
VILLAGE LIMITS. The incorporated municipal boundaries of the village.
ZIP GUN. A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
(C) Discharge of certain weapons.
(1) No person shall discharge, fire or shoot any firearm within the village limits.
(2) No person shall discharge, fire or shoot any air gun or zip gun within the village limits.
(3) No person shall discharge or shoot any bow or crossbow in any public place, on or across any public right-of-way or onto the property of any other person within the village limits.
(4) No person shall discharge or shoot any bow or crossbow on private property within the village limits, except at a target as defined in this section and when such discharging or shooting can be done without violating division (C)(3).
(D) Exceptions. Division (C) shall not apply to:
(1) Licensed law enforcement officers, provided that such discharges are made in the course and scope of the law enforcement officer’s official duties.
(2) The use of blank cartridges for a theatrical production, a military ceremony or a sporting event.
(3) Duly designated animal control officers destroying sick, injured, or predatory animals on public or private property.
(4) A person in the lawful exercise of self-defense or the defense of others.
(Ord. 75-2, passed - -; Ord. 4 of 2018, passed 2-12-2018) Penalty, see § 130.99
(A) Short title. This section may be cited as the “School Trespass Ordinance” of the village.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. Any street, alley, park, public building, public, private, or parochial school, any place of business or any assembly open to or frequented by the public, and any other place which is open to the public view or to which the public has access.
(C) Acts prohibited. No person shall:
(1) Willfully or maliciously make or assist in making any noises, disturbance, or improper diversions by which the peace, quietude, or good order of any public, private, or parochial school is disturbed;
(2) Use profane, indecent, or immoral language or indulge in indecent or immoral conduct in any building or on any property adjacent to any building in the village occupied as a public, private, or parochial school;
(3) 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 while such recreational areas or other activities are in progress and any person found to be doing same shall leave immediately when so directed by the principal or by any other person designated by the principal;
(4) Be drunk or under the influence of any narcotic drug or alcoholic beverage or indulge in or use any narcotic drug or any alcoholic beverage in any private, public, or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities;
(5) Enter and remain in any public, private, or parochial school building between the hours of 8:00 a.m. and 4:30 p.m. on days such school is in session who is not a regularly enrolled student, teacher, or other employee of such school, unless he or she shall have first immediately proceeded to the administrator’s offices and identified himself to the principal or the principal’s designees;
(6) Enter and remain in any public, private, or parochial school, or on surrounding school grounds within 300 feet of the school building, after being requested to leave by the principal or his or her designee, or within 300 feet of any surrounding school grounds or field or grounds lawfully used for school activities;
(7) Willfully destroy, remove, damage, alter, or in any manner deface any property not his or her own, in any private, public, or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities;
(8) Borrow or attempt to borrow any money or thing of value from any student in any public, private, or parochial school or on any public, private, or parochial school property in the village or, during any time when any such student is going to or returning from any regularly scheduled session of any such school, without first obtaining the written approval of the principal of such school or other persons designated by the principal of such school to issue such written approval;
(9) Be on any school grounds after dark unless he or she is actively engaged in school sponsored functions, supervised recreational activities, or is participating in an athletic event or is a spectator of such event;
(10) Insult, accost, molest, or otherwise annoy, either by word of mouth, sign, or motion, any person in any private, public, or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities;
(11) Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds for illegal or mischievous purposes in any private, public, or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities; and/or
(12) Obstruct, resist, hinder, or oppose any member, employee, teacher, or principal of any public, private, or parochial school, or school board, in the discharge of his or her duties as such in any public, private, or parochial school, or on the surrounding school grounds, or the fields or grounds lawfully used for school activities.
(Ord. 75-33, passed - -) Penalty, see § 130.99
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