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(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
(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 consumer fireworks. By regulating the discharge of fireworks, the Village Council seeks to prevent bodily injury, 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.
CONSUMER FIREWORK. A firework device that is designed to produce visible efforts 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 American Pyrotechnics Association ("APA") standard 87-1, 3.1.2, 3.3.3, or 3.5. CONSUMER FIREWORKS do not include low-impact fireworks.
DISPLAY FIREWORK. A large firework device that is explosive material 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 FIREWORK. 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.
NATIONAL HOLIDAY. The following legal public holidays:
(a) New Year's Day, January 1.
(b) Birthday of Martin Luther King, Jr., the third Monday in January.
(c) Washington's Birthday, the third Monday in February.
(d) Memorial Day, the last Monday in May.
(e) Independence Day, July 4.
(f) Labor Day, the first Monday in September.
(g) Columbus Day, the second Monday in October.
(h) Veteran's Day, November 11.
(i) Thanksgiving Day, the fourth Thursday in November.
(j) Christmas Day, December 25.
NOVELTIES. A 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:
(a) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
(b) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in division (a) above 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 projectile or missile by the explosion.
(c) Filter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(d) 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.
OCCUPANT. Any person having immediate control of private or public premises and/or real property.
OWNER. Any person holding legal or equitable title to a property or to real improvements upon a property.
PREMISES. Any dwelling, building or other structure designed or used wholly or in part for residential purposes, whether inhabited or vacant, and its curtilage or part thereof.
PROPERTY. Anything of value which is subject to ownership, including real property and fixtures.
REAL PROPERTY. Land and whatever is erected upon, growing upon or affixed to it.
(C) Prohibition on use of consumer fireworks. No person shall ignite, discharge or use consumer fireworks within the village, except this prohibition shall not preclude any person from the ignition, discharge and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday, during the hours of 1:00 a.m. and 8:00 a.m. Further, no owner or occupant shall permit a person to ignite, discharge or use consumer fireworks on their property within the village, except during the hours permitted on the day preceding, the day of, or the day after a national holiday. A village resident may apply for prior permission to discharge fireworks during the prohibited time. Approval of said discharge will be at the discretion of an approved village ordinance enforcement officer.
(D) Low impact and novelty fireworks. The use, ignition or discharge of low impact and novelty fireworks is prohibited during the hours defined in § 130.04(C), except on the day before, the day after and the day of a national holiday when time periods for consumer fireworks set forth in § 130.04(C).
(E) Minors.
(1) A minor shall not use, discharge, or ignite any consumer fireworks at any time, including those times defined in § 130.04(C).
(2) A minor shall not use, discharge, or ignite any low impact fireworks or novelty fireworks, unless under the supervision of a parent or guardian, and the use, discharge and ignition is within permitted hours defined in § 130.04(C), and does not violate the provisions of this section.
(F) Enforcement. The Village President, his/her designees and sworn law enforcement officers are authorized to enforce the provisions of this section.
(G) Violations, fines, penalties and seizure.
(1) Any person, firm, corporation or entity violating the provisions of this section shall be guilty of a civil infraction, punishable by a fine up to $100.
(2) If the Village President, his/her designee, or a sworn law enforcement officer determines that a violation of this section has occurred, he or she may seize the consumer fireworks as evidence of the violation.
(3) Following the final disposition of a finding of responsibility for violating this section, the village may dispose of or destroy any consumer firework retained as evidence in that prosecution.
(4) In addition to any other penalty, a person, firm, corporation, or entity 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 the consumer fireworks that were confiscated for a violation of this section.
(Ord. 75-40 of 2018, passed 10-8-2018)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who is convicted of any violation of any provision of § 130.01 shall be guilty of a misdemeanor and shall be punished by fine not to exceed $100 or by imprisonment in the county jail not to exceed 90 days or by both fine and imprisonment at the discretion of the trial court upon each count or offense of which such person be convicted.
(C) (1) Any person who knowingly violates § 130.02(C)(1) or (3) shall be guilty of a misdemeanor punishable by a fine of not more than $500 and/or by imprisonment in the county jail for not more than 90 days.
(2) Any person who violates § 130.02(C)(2) or (4) shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being M.C.L.A. §§ 600.101 through 600.9939 and shall be subject to a fine of not more than $500.
(3) Deputies of the County Sheriff and village officials designated by the Village Council are hereby authorized to issue municipal civil infraction citations under this section directing offenders to appear in court.
(D) Any person who is convicted of any of the acts of disorderly conduct as specified in § 130.03 shall be punished by fine not to exceed $100 or by imprisonment not to exceed 90 days or by both fine and imprisonment at the discretion of the court, upon each count or offense of which such person shall be convicted.
(Ord. 75-2, passed - -; Ord. 75-8, passed - -; Ord. 75-10, passed - -; Ord. 75-33, passed - -; Ord. 5 of 2018, passed 2-12-2018)