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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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§ 31-19  FALSE REPORTS TO POLICE.
   (a)   It shall be unlawful for any person, firm, co-partnership or corporation to report or cause to be reported any felony or misdemeanor, or give any information relating to any such felony or misdemeanor, to the Department of Police of the City of Flint, or to any member of such Police Department by telephone, in writing or by other means of communication, knowing that no such felony or misdemeanor had in fact been committed.
   (b)   It shall be unlawful for any person, firm, co-partnership or corporation to give information or report to the Department of Police of the City of Flint, or to any member of such Police Department relating to any felony or misdemeanor, which information or report is false and which information or report such persons know to be false.
   (c)   It shall be unlawful for any person, firm or corporation to give any information, knowing it to be false, to any member of the Department of Police of the City of Flint, when said member of the Police Department of the City of Flint is in the performance of his official duties.
(Ord. 200, passed 1-10-1938; Ord. 1406, passed 11-4-1957)
Statutory reference:
   False reports to police radio, see MCLA 750.509
   Reporting fictitious crimes to peace officers, see MCLA 750.411a
§ 31-19.1  ALARM SYSTEM USER.
   Definitions.  For the purpose of this section, the following terms shall have the meaning indicated unless their context requires a different meaning.
   ALARM CONTRACTOR. Any individual, partnership, corporation or other entity appropriately licensed as an alarm contractor by the State of Michigan, State Electrical Administrative Board.
   ALARM SYSTEM. A device or an assembly of equipment or devices arranged to signal the presence of a hazard requiring urgent attention and to which police officers and/or firefighters are expected to respond.
   ALARM USER.  Any person, whether owner, occupant, or tenant, on whose premises an alarm system maintained within the City except for alarm systems on motor vehicles. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises, the person using such alarm system is an ALARM USER. Also excluded from this definition and from the coverage of the ordinance are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, of an attempted unauthorized intrusion or hold-up attempt. If such a system, however, employs an audible signal emitting sounds or flashing lights or beacon designed to signal persons outside the premises, such system shall be within the definition of an alarm system and shall be subjected to §§ 31-19.1 through 31-19.6.
   FALSE ALARM.  Any alarm condition which is reported to the City of Flint 911 Center for the response of the Flint Police Department and Fire Department that is not the result from the activity for which the alarm was intended. A FALSE ALARM may include, but is not limited to, activation of an alarm system through any of the following:
      (1)   Negligent or intentional use or misuse of the system;
      (2)   Mechanical failure;
      (3)   Malfunction;
      (4)   Improper installation; or
      (5)   Low battery conditions.
   FIRE OR BURGLAR ALARM SYSTEM.  Any device or equipment designed to signal visibly, audibly, electronically, mechanically or by any combination of these methods, and to which the Department(s) are trained to respond.
   LETTER FOR EXCESSIVE FALSE ALARMS.  A notification provided to an alarm contractor by the Department for two (2) or more false alarms within a 12-month calendar year.
   PREMISES.  Any building or structure in which an alarm system is installed.
   QUALIFIED ALARM TECHNICIAN. Any person who inspects, installs, repairs or performs maintenance on alarm systems and is factory trained and/or licensed by the State of Michigan.
   RECORD OF COMPLETION. The form required to be filed with the City pursuant to the National Fire Protection Association’s National Fire Alarm Code (NFPA 72).
   REPORT OF CORRECTIVE MEASURES AGAINST IMPROPER USE. Documentation in a format acceptable to the City of Flint 911 Enforcement Official that verifies the alarm contractor has taken appropriate corrective measures to prevent future improper use of an alarm system.
   REPORT OF SERVICE/REPAIR.  Documentation in a format acceptable to the Enforcement Official that verifies proper repairs or maintenance have been performed by both the alarm contractor and the alarm user.
   SERVICE FEE. The monetary charge for responding to false alarms.
(Ord. 3376, passed 7-27-1998; Ord. 3753, passed 5-20-2009)
§ 31-19.2  FALSE ALARM FEE.
   (a)   The alarm contractor shall be required to pay to the City the false alarm fee for each false alarm in excess of two false alarm occasions within any one- year period. No alarm contractor shall be requested to pay the false alarm fee on the first two occasions of a false alarm during any one-year period, but the alarm contractor thereafter shall be advised in writing of said false alarm and of the existence of this §§ 31-19.1 through 31-19.6 by the Flint Police Department.
   (b)   Said notice shall direct the alarm contractor to submit a report of service/repair and/or a report of corrective measures against improper use within fifteen (15) calendar days of receipt of said letter to the Department confirming that:
      (1)   The alarm system has been examined by a qualified alarm technician;
      (2)   A description of the bona fide attempt made to identify and correct any defect of design, installation, operation, or misuse of the alarm system which was identified as a possible cause of the false alarm.
   (c)   Failure of the alarm contractor to return a satisfactory report described herein within the 15-day period shall result in the imposition of a service fee to the alarm contractor.
   (d)   A false alarm fee shall be assessed for the third and each subsequent false alarm at the same premises requiring response by the Police/Fire Department during any calendar year.
   (e)   A false alarm fee required by this article may be imposed on an alarm contractor up to forty-five (45) days after the date of installation of the alarm system for existing buildings and forty-five (45) days after the date an occupancy permit is issued to an alarm user for newly constructed buildings in which an alarm system is installed.
   (f)   Should any service fee assessed pursuant to this article remain unpaid in excess of thirty (30) days, a late fee shall be assessed and shall be payable in addition to the original service fee.
   (g)   The false alarm fee established by this article shall begin at seventy-five dollars ($75.00) for a Fire Department response and seventy-five dollars ($75.00) for a Police Department response and shall increase by twenty-five dollars ($25.00) for each additional false alarm within the calendar year, and shall be reviewed periodically based on employee labor rates, equipment costs and Department service costs and established by appropriate resolution adopted by the Flint City Council. Late fees as previously identified shall be thirty-five dollars ($35.00) and shall be added to the false alarm fee.
   (h)   Alarm conditions caused by the following extenuating circumstances shall not constitute a false alarm, and no false alarm fee shall be charged by the City:
      (1)   Alarm conditions being activated by an agent of the alarm contractor working on the alarm system or testing the alarm system with prior notification to the Police or Fire Department of the City.
      (2)   Alarm conditions being activated by severe weather or other violent conditions beyond the control of the alarm user.
      (3)   Alarm conditions activated by disruption or disturbance of telephone or other communication systems.
(Ord. 3376, passed 7-27-1998; Ord. 3753, passed 5-20-2009)
§ 31-19.3  INTERFERENCE WITH TELEPHONE COMMUNICATIONS SYSTEMS.
   No person shall sell, install, operate, adjust, arrange for, or contract to provide a device or combination of devices that will upon activation, either mechanically, electronically, or by other means initiate the automatic intrastate calling, dialing, or connection to any telephone number assigned to any subscriber thereof by a public telephone company, for the purposes of delivering a recorded message without the proper written consent of such subscriber.
(Ord. 3376, passed 7-27-1998)
§ 31-19.4  AUDIBLE OR VISUAL SIGNALS.
   No person shall use, install, or direct to be installed any alarm system which emits a sound and/or visual signal for a period of longer than thirty (30) minutes from the time of the initial signaling of the devices.
(Ord. 3376, passed 7-27-1998)
§ 31-19.5  PENALTY.
   Any person, corporation, partnership or any other legal entity who shall violate or fail to comply with any of the provisions of this ordinance or any of the regulations adopted pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof, may be fined not more than five hundred dollars ($500.00) or in prison not more than ninety (90) days, or both, in the discretion of the Court.
(Ord. 3376, passed 7-27-1998)
§ 31-19.6  SEVERABILITY.
   If any portion of this ordinance shall be determined invalid or unconstitutional by the Court, the remainder shall be considered severable and shall remain in full force and effect.
(Ord. 3376, passed 7-27-1998)
§ 31-19.7  RULES AND REGULATIONS FOR IMPLEMENTATION.
   (a)   The Chief of Police shall establish written rules and regulations to implement the provisions of this ordinance. The rules and regulations shall provide for implementation of this ordinance including tracking of alarms, notification of false alarms and the appeals procedure and criteria for removing an alarm response from the false alarm category.
   (b)   All rules and regulations promulgated by the Chief of Police pursuant to this section shall be submitted to an approved by the City Council before becoming effective. Following approval, a copy of such rules shall be provided to the City Clerk and be made available to the public.
(Ord. 3383, passed 9-14-1998)
§ 31-20  FIREARMS — HANDLING, FIRING AND THE LIKE.
   (a)   Definition.  The word FIREARM, except as otherwise specifically defined in this Code, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BBs not exceeding .177 calibre by means of spring, gas or air.
   (b)   License required. A person shall not purchase, carry, possess, or transport a firearm without first having obtained a license for the firearm as prescribed in MCLA § 28.422.
   (c)   Discharging or brandishing. It shall be unlawful for any person to discharge a firearm or to knowingly brandish a firearm in public, except as provided in any of the following:
      (1)   A peace officer lawfully performing his 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.
   (d)   Observer. Any person observed doing any of those things prohibited by this section shall be required to represent to any peace officer, forthwith, evidence of authorization that the person is exempt from the provisions thereof.
(Ord. 146, passed 10-5-1915; Ord. 1846, passed 9-9-1965; Ord. 2161, passed 9-29-1969; Ord. 3780, passed 8-23-2010)
Statutory reference:
   Firearms, see MCLA 28.422
§ 31-20.1  SAME — MINORS POSSESSING.
   It shall be unlawful for any person seventeen (17) years of age or under to possess, carry or transport any firearm as defined by MCLA § 750.222, being MSA § 28.419, within the City, unless such minor is in possession of a valid hunting license issued by the State and the rifle or shotgun is being transported in the manner prescribed by State law.
(Ord. 2822, passed 2-8-1982)
Statutory reference:
   Michigan Penal Code, see MCLA 750.222 et seq.
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