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Flint, MI Code of Ordinances
CITY OF FLINT, MICHIGAN CODE OF ORDINANCES
PART I. CHARTER
PART II. THE CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS*
CHAPTER 2: ADMINISTRATION*
CHAPTER 3: ADVERTISING AND SIGNS
CHAPTER 4: AIR POLLUTION CONTROL
CHAPTER 5: AIRPORT
CHAPTER 6: ALCOHOLIC LIQUOR SALES
CHAPTER 7: AMBULANCES
CHAPTER 8: AMUSEMENTS
CHAPTER 9: ANIMALS AND FOWL*
CHAPTER 10: AUCTIONS
CHAPTER 11: BUILDINGS
CHAPTER 12: BUSINESS AND OCCUPATIONS GENERALLY*
CHAPTER 13: CEMETERIES
CHAPTER 14: CIVIL DEFENSE AND DISASTER
CHAPTER 15: TELECOMMUNICATIONS SYSTEMS
CHAPTER 16: ELECTRICAL CODE
CHAPTER 17: FENCES
CHAPTER 18: TAXATION; FUNDS; PURCHASING*
CHAPTER 19: FIRE PROTECTION*
CHAPTER 20: RESERVED
CHAPTER 21: RESERVED
CHAPTER 22: HEATING
CHAPTER 23: RESERVED
CHAPTER 24: HOUSING
CHAPTER 25: RESERVED
CHAPTER 26: LICENSING FEES AND OTHER CHARGES
CHAPTER 27: RESERVED
CHAPTER 28: MOTOR VEHICLES AND TRAFFIC
CHAPTER 29: MUNICIPAL RETAIL AND WHOLESALE GROWERS’ MARKET
CHAPTER 30: NUISANCES*
CHAPTER 31: GENERAL OFFENSES*
ARTICLE I. IN GENERAL
§ 31-1 ARREST - INTERFERING WITH POLICE OFFICER.
§ 31-2 SAME - RESISTING.
§ 31-3 ASSAULT; POLICE OFFICER.
§ 31-3.1 LABOR MEMBERSHIP; STRIKE ACTIONS; HIRING REPLACEMENT WORKERS.
§ 31-4 ATWOOD STADIUM AND THE LIKE; ACTS PROHIBITED AT PUBLIC FUNCTIONS.
§ 31-5 CONTRACEPTIVES; SALE; INSTRUCTION IN USE; CONDOM VENDING MACHINES.
§ 31-5.1 PARENTAL RESPONSIBILITY - DEFINITIONS.
§ 31-5.2 SAME - PARENTAL RESPONSIBILITY.
§ 31-5.3 SAME - NOTIFICATION OF PARENT; RECORD OF NOTIFICATION.
§ 31-5.4 TRUANCY REDUCTION.
§ 31-5.4.1 DEFINITIONS.
§ 31-5.5 VIOLATION AND PENALTY.
§ 31-6 CONTRIBUTING TO DELINQUENCY OF MINORS.
§ 31-7 CURFEW - MINORS 12 AND UNDER.
§ 31-7.1 SCHOOL YEAR CURFEW - MINORS 12 AND UNDER.
§ 31-8 CURFEW - MINORS 14 AND UNDER.
§ 31-8.1 SCHOOL YEAR CURFEW - MINORS 14 AND UNDER.
§ 31-9 CURFEW - MINORS UNDER 17.
§ 31-9.1 SCHOOL YEAR CURFEW - MINORS UNDER 17.
§ 31-9.2 DAYTIME CURFEW - MINORS UNDER 17.
§ 31-9.3 CURFEW - FAILURE OF PARENT OR GUARDIAN TO COLLECT MINOR.
§ 31-10 SAME - PERSONS 17 OR OVER ABIDING OR ABETTING VIOLATIONS.
§ 31-11 DISORDERLY HOUSE - FREQUENTING; WHAT CONSTITUTES; PROOF OF CHARACTER OF HOUSE.
§ 31-12 DISORDERLY CONDUCT AND DISORDERLY PERSONS.
§ 31-12.1 HINDERING OR ASSAULTING CITY EMPLOYEES; INJURY TO CITY VEHICLES.
§ 31-13 LARCENY.
§ 31-13.1 FORFEITURE.
§ 31-13.2 PENALTIES.
§ 31-14 BEGGING OR PANHANDLING.
§ 31-15 RIOTERS; COLLECTORS OF CROWDS AND THE LIKE.
§ 31-16 PROWLING.
§ 31-17 WINDOW PEEPERS.
§ 31-18 ARREST PROCEDURES.
§ 31-19 FALSE REPORTS TO POLICE.
§ 31-19.1 ALARM SYSTEM USER.
§ 31-19.2 FALSE ALARM FEE.
§ 31-19.3 INTERFERENCE WITH TELEPHONE COMMUNICATIONS SYSTEMS.
§ 31-19.4 AUDIBLE OR VISUAL SIGNALS.
§ 31-19.5 PENALTY.
§ 31-19.6 SEVERABILITY.
§ 31-19.7 RULES AND REGULATIONS FOR IMPLEMENTATION.
§ 31-20 FIREARMS - HANDLING, FIRING AND THE LIKE.
§ 31-20.1 SAME - MINORS POSSESSING.
§ 31-20.2 ACCESS TO FIREARMS BY MINORS.
§ 31-20.3 FIREWORKS.
§ 31-21 FIXTURES AND THE LIKE FOR LIGHTING PUBLIC PLACES - DAMAGING OR DESTROYING.
§ 31-22 GAMBLING HOUSE - KEEPING.
§ 31-23 SAME - PERMITTING HOUSE TO BE USED FOR GAMBLING.
§ 31-24 SAME - FREQUENTING.
§ 31-25 SAME - RIGHT OF ENTRY OF POLICE; SEIZURE AND DISPOSITION OF GAMBLING DEVICES.
§ 31-26 GLUE, MARIHUANA, CONTROLLED SUBSTANCES AND OTHER TOXIC SUBSTANCES - DEFINITIONS OF CERTAIN TERMS.
§ 31-27 SAME - PURCHASE, SALE AND THE LIKE.
§ 31-27.1 SAME - UNLAWFUL DELIVERY OF AND UNLAWFUL POSSESSION WITH INTENT TO DELIVER.
§ 31-27.1.1 MEDICAL EXEMPTION FOR POSSESSION AND USE OF MARIHUANA AND MARIHUANA PARAPHERNALIA.
§ 31-27.2 DEFINITIONS RELATIVE TO CONTROLLED SUBSTANCES.
§ 31-27.3 USE OF PARAPHERNALIA FOR CONTROLLED SUBSTANCES; EXCEPTIONS.
§ 31-27.3.1 NOTICE OF VIOLATION OF § 31-27.3.
§ 31-27.4 PENALTY FOR VIOLATIONS OF §§ 31-27.2 AND 31-27.3.
§ 31-28 PROOF THAT PURCHASER OF MODEL AIRPLANE GLUE IS 17 OR OLDER.
§ 31-29 RECORDS OF SELLER OF MODEL AIRPLANE GLUE.
§ 31-30 INHALING OF MODEL AIRPLANE GLUE; USE OF SEEDS.
§ 31-31 DISPLAY OR STORAGE OF SUBSTANCES BY SELLER.
§ 31-32 PROSTITUTION - GENERALLY.
§ 31-33 CRIME OF PROSTITUTION.
§ 31-33.1 PATRONIZING PROSTITUTE.
§ 31-33.2 SEX OF PARTIES IMMATERIAL IN PROSECUTION FOR PROSTITUTION OR PATRONIZING PROSTITUTE.
§ 31-33.3 “SEXUAL CONDUCT” DEFINED.
§ 31-33.3.1 SEXUAL CONDUCT PERFORMED IN A VEHICLE.
§ 31-33.4 PROMOTING PROSTITUTION.
§ 31-33.5 PROFITING FROM PROSTITUTION.
§ 31-33.6 PERMITTING PROSTITUTION.
§ 31-33.7 SOLICITING.
§ 31-33.8 PENALTY FOR SECOND OR SUBSEQUENT VIOLATION OF §§ 31-32 - 31-33.7.
§ 31-34 FILING COMPLAINT AGAINST SUSPECTED HOUSE OF PROSTITUTION - ISSUANCE OF WARRANT; ARRESTS.
§ 31-35 SAME - EXECUTION OF WARRANT.
§ 31-36 ICEBOXES, REFRIGERATORS OR OTHER AIRTIGHT CONTAINERS; ABANDONMENT.
§ 31-37 DANGEROUS WEAPONS - POSSESSION RESTRICTED.
§ 31-38 SAME - SAME - MINORS.
§ 31-39 POSSESSION OR SALE OF SWITCH BLADE.
§ 31-40 SAME - SALE, GIFT OR LOAN TO MINOR.
§ 31-40.1 SAME - EXCEPTIONS TO RESTRICTIONS AND PROHIBITION.
§ 31-41 SAME - VIOLATIONS.
§ 31-41.1 BRANDISHING TOY, REPLICA OR FACSIMILE FIREARMS.
§ 31-41.2 PENALTY FOR § 31-41.1.
§ 31-42 LOITERING IN DISTRICT COURT.
§ 31-42.1 LOITERING AT THE MTA TRANSPORTATION CENTER.
§ 31-43 MAGAZINES AND THE LIKE APPEALING TO PRURIENT OR VIOLENT INTERESTS.
§ 31-43.1 SAME - SALE, DISTRIBUTION AND THE LIKE.
§ 31-43.2 POSSESSION OF PRINTED MATERIAL, VISUAL REPRESENTATION OR SOUND RECORDING DEPICTING OR DESCRIBING BODY OR CONDUCT OF CHILD FOR PURPOSE OF SEXUAL STIMULATION.
§ 31-43.3 DISPLAY OF OBSCENE MATERIALS.
§ 31-44 RESERVED.
§ 31-45 MUNICIPAL CENTER; PRESENCE IN BUILDINGS AFTER 11:00 P.M.
§§ 31-45.1, 31-45.2 RESERVED.
§ 31-45.3 PICKETING; CERTAIN ACTS PROHIBITED.
§ 31-45.4 POSSESSION OF CERTAIN CHEMICAL SUBSTANCES WITHOUT PRESCRIPTION.
§ 31-46 USE OF INTOXICATING LIQUORS, DRUGS OR CONTROLLED SUBSTANCES - RESTRICTED IN PUBLIC PLACES.
§ 31-47 SAME - ARREST AND DETENTION.
§ 31-48 PUBLIC STRUCTURES; DEFACING, MARRING AND THE LIKE.
§ 31-48.1 REMOVAL OF GRAFFITI.
§ 31-49 SMOKING ON BUSES.
§ 31-50 SMOKING OR CARRYING LIGHTED TOBACCO IN CERTAIN PLACES.
§ 31-51 DESIGNATION OF AREAS WHERE SMOKING PROHIBITED - DUTY OF OWNER.
§ 31-52 SAME - POSTING OF SIGNS.
§ 31-53 EFFECTIVE DATE OF SMOKING REGULATIONS.
§ 31-54 ENTRANCE UPON LANDS OR PREMISES OF ANOTHER; FAILURE TO LEAVE UPON REQUEST.
§ 31-55 ACTIONS BLOCKING OR OBSTRUCTING VEHICULAR OR PEDESTRIAN TRAFFIC.
§ 31-56 RESERVED.
§ 31-57 FLINT RIVER.
§ 31-58 HARASSING TELEPHONE CALLS OR VISITS.
§ 31-58.1 SCHOOL SAFETY ZONE - DEFINED.
§ 31-58.2 SAME - VIOLATIONS THEREIN.
§ 31-58.3 HARASSING COMMUNICATIONS.
§ 31-59 CREATING DISTURBANCE, UNAUTHORIZED ENTRY, FIREARMS, DANGEROUS WEAPONS ON SCHOOL PROPERTY AND THE LIKE.
§ 31-60 FILING UNTRUE COMPLAINT WITH KNOWLEDGE OF UNTRUTH.
§ 31-61 GIVING FALSE STATEMENTS UNDER OATH.
§ 31-62 LARCENY.
§ 31-63 DESTRUCTION OF OR INJURY TO PROPERTY TO EXTENT OF $100.00 OR LESS.
§ 31-64 DEFRAUDING A BUSINESS.
§§ 31-65 - 31-69 RESERVED.
ARTICLE II. NOISE CONTROL
ARTICLE III. BLIGHT VIOLATIONS
CHAPTER 32: RESERVED
CHAPTER 33: PARKS
CHAPTER 34: RESERVED
CHAPTER 35: PERSONNEL*
CHAPTER 36: PLUMBING
CHAPTER 37: POLES AND WIRES
CHAPTER 38: RAILROADS
CHAPTER 39: REFUSE, GARBAGE AND WEEDS
CHAPTER 40: RESERVED
CHAPTER 41: SCHOOLS
CHAPTER 42: STREETS AND SIDEWALKS
CHAPTER 43: RESERVED
CHAPTER 44: RESERVED
CHAPTER 45: TREES AND SHRUBS
CHAPTER 46: UTILITIES*
CHAPTER 47: WARDS AND PRECINCTS
CHAPTER 48: WATERCRAFT
CHAPTER 49: WEIGHTS AND MEASURES
CHAPTER 50: ZONING*
APPENDIX: COMPILED ILLUSTRATIONS
TABLE OF SPECIAL ORDINANCES*
APPENDIX A
PART III: PARALLEL REFERENCES AND INDEX
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§ 31-3.1 LABOR MEMBERSHIP; STRIKE ACTIONS; HIRING REPLACEMENT WORKERS.
   It shall be unlawful for any person to:
   (a)   Discriminate in regard to hiring or terms or conditions of employment in order to encourage or discourage membership in a labor organization. This subdivision does not prohibit an employer from entering into an agreement with an exclusive bargaining representative and to require as a condition of employment that all employees in the bargaining unit pay to the exclusive bargaining representative a service fee equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative;
   (b)   Offer or grant the status of a permanent replacement employee to an individual for performing bargaining unit work for the employer during a strike legally undertaken, or otherwise offer or grant an individual any employment preference based on the fact that the individual was employed or indicated a willingness to be employed during a strike legally undertaken over an individual who meets all of the following requirements:
      (1)   Was an employee of the employer at the commencement of the strike legally undertaken.
      (2)   Has exercised the right to join, assist, or engage in other protected concerted activities for the purpose of collective bargaining or other mutual aid or protection through the labor organization involved in the strike.
      (3)   Is working for, or has unconditionally offered to return to work for the employer.
   (c)   Cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a) hereof.
(Ord. 3249, passed 9-27-1993)
§ 31-4 ATWOOD STADIUM AND THE LIKE; ACTS PROHIBITED AT PUBLIC FUNCTIONS.
   (a)   It shall be unlawful for any person to violate any provision of this section during the period any public function is being conducted in Atwood Stadium, or any other arena or meeting place.
   (b)   Definitions. For the purpose of this section:
      PUBLIC FUNCTION. Includes by way of specification, but without limitation, any athletic contest, exhibition, meeting, convention or rally, to which the public is admitted, whether with or without a charge.
      THE PERIOD OF A PUBLIC FUNCTION.  Shall extend from one hour after the termination of the last activity comprising the public function.
   (c)   All persons attending events at Atwood Stadium or any other arena or meeting place shall proceed directly to their seats, and upon leaving shall proceed directly from their seats to the nearest exit and depart from the vicinity of the stadium, arena or meeting place without unnecessary delay.
   (d)   During the period of any public function, all persons shall remain in their seats, except while arriving or departing and except for authorized purposes. Such purposes are visiting the rest room, and obtaining refreshments.
   (e)   No person during the period of a public function shall:
      (1)   Collect or remain in a crowd loitering in the aisles, entryways or spaces of the stadium, arena or meeting place, or on the sidewalks, street or parking areas in the immediate vicinity thereof.
      (2)   Obstruct or hinder the lawful passage of any member of the public.
      (3)   Jostle or roughly crowd another person unnecessarily, or by offensive or disorderly acts or language annoy or interfere with another person.
      (4)   Commit a breach of peace, or engage in threatening, abusive or insulting behavior whereby a breach of peace may be occasioned.
      (5)   Make, aid or assist in making any riot, disturbance or other improper diversion.
      (6)   Climb upon the walls of Atwood Stadium or any other arena or meeting place, for any purpose, or in or upon the trees in the immediate vicinity thereof.
      (7)   Enter the playing field area of the stadium or any other arena or meeting place, or within the immediate vicinity thereof, or commit any injury or damage to the stadium, arena or meeting place, its turf or equipment.
      (8)   Throw any object within or about the stadium or arena, or meeting place, or within the immediate vicinity thereof, or commit any injury or damage to the stadium, arena or meeting place, its turf or equipment.
      (9)   Transport into the stadium, arena or meeting place or consume or have in his possession or control within or in the immediate vicinity thereof, any alcoholic liquor, beer or intoxicating beverage.
(Ord. 2641, passed 5-22-1978)
§ 31-5 CONTRACEPTIVES; SALE; INSTRUCTION IN USE; CONDOM VENDING MACHINES.
   (a)   License required; exceptions. It shall be unlawful for any person to vend, sell or distribute in any manner whatsoever any article, with the exception of synthetic prophylactics or condoms, or medicinal preparations primarily manufactured for, or which may be used as a contraceptive within the City, except regularly licensed practitioners of medicine or registered pharmacists. No person shall prescribe or designate in any manner the use of any such article or preparation, except licensed practitioners of medicine. It shall be unlawful to vend, sell or distribute in any manner whatsoever, any such articles or medicines on the streets, including peddling, canvassing or soliciting from house to house. Providing however, that synthetic prophylactics or condoms may be sold or distributed in the manner set forth in the following section.
   (b)   License. No person shall install, maintain or possess a machine dispensing condoms in a place open to the public without a license. A license shall be issued by the City Clerk if the requirements of this section, the Code of the City of Flint, and State and Federal law are met. Said license shall be renewed annually.
   (c)   Notices on machines. The messages on a condom vending machine shall be limited to the following information:
      (1)   The name, address and other identifying information, regarding the distributor of the dispensing machine who is responsible for machine maintenance.
      (2)   The condom manufacturer’s name, brand name, price and other descriptive information regarding the condoms sold in the machines.
      (3)   A statement that “abstinence is the best protection from pregnancy and the spread of sexually transmitted diseases.”
      (4)   A statement that “condoms may significantly decrease (but not eliminate) the chances of pregnancy or the spread of sexually transmitted diseases.”
   (d)   Investigation of applicant. Upon filing the application as provided in this article, the same shall be referred to the Chief of Police for an investigation. After investigation by the Chief of Police, the application shall be referred to the City Council.
   (e)   Time for license. License applications for all existing condom vending machines shall be filed within ten (10) days of the effective date of this ordinance and total compliance obtained within thirty (30) days or the machines shall be removed.
   (f)   Issuance of license; fee; license period. Upon approval of the license by the City Council, the City Clerk shall issue a license, provided that the applicant had complied with all sections of this article and this Code or any other ordinances applying to the applicant, and upon the payment of the fee prescribed in Chapter 26. All such licenses shall be for a period of one year and shall expire on April 30 next following the date of issuance, and there shall be no rebate for any lesser time.
   (g)   Suspension or revocation.
      Any license issued by the City of Flint under the provisions of these Code sections may be suspended or revoked by the City Council at any time that the City Council may deem or determine that the holder of the license is not in compliance with this section, or has been convicted of any violation of this article.
      Revocation shall be accomplished by a hearing held before the City Council, or a hearing panel of the Council in accordance with the rules for hearings as previously adopted by the Council.
      In addition, where the holder of a license granted under this article is also the licensed owner or operator of an alcoholic liquor establishment, and in connection with the operation of such establishment, said licensee violates or allows another person to violate any rule or regulation promulgated by the Liquor Control Commission, or any law of the State of Michigan or any applicable ordinance of the City of Flint, the City Council may, after notice and hearing as previously adopted by the City Council, suspend or revoke any license granted under the provisions of this article.
(Ord. 476, passed 4-12-1934; Ord. 3064, passed 7-11-1988)
§ 31-5.1 PARENTAL RESPONSIBILITY — DEFINITIONS.
   For the purpose of this article, the following definitions apply:
   DELINQUENT ACTS. Those acts which violate the laws of the United States, the laws of the State of Michigan or the ordinances of the City of Flint; those acts which cause or would tend to cause the minor to come under the jurisdiction of the Juvenile Division of the Probate Court as defined by MCLA § 712A.2: or those acts by which the minor intentionally causes physical harm to another or deliberately creates an unreasonable risk of physical harm to himself or herself or to others. DELINQUENT ACTS do not include traffic violations.
   DRUGS. Any controlled substance as defined now or hereafter by the Public Health Code for the State of Michigan. Currently, such substances are defined in part 72 of the Health Code, being MCLA §§ 333.7201 et seq.
   MINOR. Any unemancipated person under seventeen (17) years of age.
   PARENT. A mother, father or legal guardian of a minor who has the responsibility for the health, welfare, care, maintenance and supervision of the minor at the time the delinquent act is alleged to have been committed by the minor.
(Ord. 3272, passed 3-14-1994)
Statutory reference:
   Probate Code; Authority and jurisdiction of court, see MCLA 712A.2
   Public Health Code, see MCLA 333.7201 et seq.
§ 31-5.2 SAME — PARENTAL RESPONSIBILITY.
   (a)   The parent of any minor has a continuous responsibility to exercise reasonable control and supervision over the minor to prevent the minor from committing or participating in the commission of any delinquent act.
   (b)   The parental responsibility to exercise reasonable control includes the following duties, set forth for the purposes of illustration and not limitation:
      (1)   To keep drugs out of the home and out of the possession of the minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional.
      (2)   To keep firearms out of the possession of the minor except those used for hunting in accordance with local ordinance and State law and with the knowledge and supervision of a parent.
      (3)   To know the curfew ordinance of the City of Flint and to require the minor to observe the curfew ordinance.
      (4)   To prevent the minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including that belonging to the City of Flint.
      (5)   To prevent the minor from engaging in theft of property or keeping in his or her possession property known to be stolen.
(Ord. 3272, passed 3-14-1994)
§ 31-5.3 SAME — NOTIFICATION OF PARENT; RECORD OF NOTIFICATION.
   Whenever a minor is arrested or detained by the City of Flint Police Department for the commission of any delinquent act, the parent of the minor shall be notified as soon as reasonably possible by the City of Flint police of the minor’s arrest or detention and the reason therefor, and of the parent’s responsibility under this section.
(Ord. 3272, passed 3-14-1994)
§ 31-5.4 TRUANCY REDUCTION.
   (a)   A minor who is at least six (6) years of age and under sixteen (16) years of age and who has not completed the twelfth grade may not be upon any public property or public right-of-way during regular school hours except while attending school as required by MCLA §§ 380.1561 to 380.1599, unless the minor is:
      (1)   Absent from the school with the school’s permission, but not including students who have been suspended or expelled; or
      (2)   Engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours, and which is authorized by the parent, guardian, or other person having legal care and custody of the minor; or
      (3)   Lawfully emancipated pursuant to MCLA §§ 722.1 to 722.6; or
      (4)   Exempt from compulsory school attendance pursuant to MCLA § 380.1561.
   (b)   If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to detain the minor and make reasonable inquiry regarding a potential violation of subsection (a) of this section.
   (c)   If a police officer determines that a minor is in violation of this section, the officer is authorized to take the minor into protective custody and do one of the following:
      (1)   Take the minor back to his/her assigned school; or
      (2)   If the minor is eleven (11) and under sixteen (16) years old and not formally enrolled in school or expelled or suspended, or in need of social services, the minor will be taken to an appropriate facility for minors eleven (11) and under sixteen (16) years old; or
      (3)   If the minor is six (6) to ten (10) years of age, and cannot be taken back to school, the minor will be given a ride to the minor’s parent or guardian.
   (d)   The minor’s parent or guardian and the minor’s school shall receive a notification ticket relative to the violation.
(Ord. 3687, passed 2-26-2007)
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