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If any person or persons being the owner or owners, lessee or lessees or managers of any house, building, room, shed, yard or garden shall know that any gambling or gaming table, implement or apparatus for gambling or gaming are kept or used in such house, building, room, shed, yard or garden for winning or gaining money or other valuable thing, and shall not forthwith cause a complaint to be made against the person or persons so keeping or using such house, building, room, shed, yard or garden, such person or persons shall be taken, held and considered to have knowingly permitted the same to be used and occupied for gaming or gambling.
(Ord. 144, passed 3-10-1902)
No person or persons shall resort to any house, building, room, shed, yard, garden or other place within the City of Flint, for the purpose of gaming or gambling, or aiding or abetting therein, and no person shall, while in any saloon, or in or at any other place whatsoever in the City, engage in gaming or gambling, or aid or abet therein, by advising or assisting the principals, or by buying any check, slip, card or ticket to represent money to be used in betting on the result of any game.
(Ord. 144, passed 3-10-1902)
The Chief of Police or any member of the Police force of the City may enter any house, building, room, shed, yard, garden or other place where they have good reason to believe and do believe any gaming or gambling is going on, or any gaming instrument or device or thing used for the purpose of gaming on or with, by which money or other valuable thing may be lost or won is used, kept or concealed, and no person or persons shall in any manner refuse to admit such officers, when admittance is demanded by them, or in any manner hinder or delay them from entering upon demand; said officers may seize or direct to be seized any such instrument, device or thing used for the purpose of gaming on or with by which money or other valuable thing may be lost or won, and all such instruments, devices and things may be demolished or destroyed under the direction of the Chief of Police in case the person or persons in whose possession the same were found shall be convicted of gambling. If such articles are not found in the immediate possession of any person, they shall be kept for a claimant, any person claiming to have been the owner thereof at the time of the taking of the same as aforesaid, shall be as aforesaid upon giving sufficient surety to keep the peace, entitled to a return of such articles, if not convicted.
(Ord. 144, passed 3-10-1902)
As used in this ordinance:
MODEL AIRPLANE GLUE. Any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles, containing toluene, acetone, methyl ethyl ketone, ethylene dichloride, benzene, carbon tetrachloride, chloroform and other ketones, esters, alcohols, or other solvent or chemical having the property of releasing toxic vapors.
OTHER TOXIC SUBSTANCE. Naphtha, methanol, toxic esters, ethanol, ester, methyl cellusolve acetate or other volatile substances containing naphtha, methanol or ethanol as active ingredients.
(Ord. 1899, passed 4-18-1966)
(Ord. 1899, passed 4-18-1966; Ord. 2982, passed 3-10-1986)
(a) For the purpose of this section:
DELIVER or DELIVERY. The actual, constructive or attempted transfer from one person to another of marihuana, whether or not there is an agency relationship, whether or not there is an exchange for money or any other thing of value.
MANUFACTURE. The preparation, compounding, conversion, planting, cultivating, growing, harvesting or processing of marihuana either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance.
MARIHUANA. All parts of the plant Cannabis Sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from stalks, oil or cakes made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
PERSON. An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
POSSESSION. Knowingly or intentionally to exercise dominion or control over a controlled substance.
(b) Except as authorized by Act 368 of the Public Acts of 1978, known as the Public Health Code, it is unlawful for any person to manufacture, deliver or possess with intent to deliver marihuana.
(c) Except as authorized by Act 368 of the Public Acts of 1978, known as the Public Health Code, it is unlawful for any person to possess marihuana.
(Ord. 2677, passed 11-13-1978; Ord. 2715, passed 6-25-1979; Ord. 2982, passed 3-10-1986)
Statutory reference:
Public Health Code, see MCLA 333.1101 et seq.
(a) The provisions of § 31-11(e), § 31-12(a)(16), § 31-26, § 31-27, § 31-27.1, § 31-27.2, § 31-27.3, and § 31-27.3.1 shall not apply to those persons who use or possess marihuana or marihuana paraphernalia for medical purposes, under the recommendation and direction of a physician, and who possess written proof of same, and shall not apply to caregivers who possess marihuana or marihuana paraphernalia for delivery to such persons.
(b) CAREGIVER shall be construed to mean such a person or persons who bear substantial responsibilities for meeting the medical needs of a person who possesses or uses marihuana or marihuana paraphernalia under the recommendation and direction of a physician.
(Ord. 3695, passed 2-27-2007)
COCAINE SPOON. A spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful use of a spoon. A COCAINE SPOON may or may not be merchandised on a chain and may or may not be labeled as a “cocaine” spoon or “coke” spoon.
CONTROLLED SUBSTANCE. Any drug, substance, or immediate precursor enumerated in Sections 7210 – 7220, Act 368 of the Public Acts of 1978, as amended, commonly known as the Public Health Code.
MARIHUANA or HASHISH PIPE. A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is smoking of marihuana or hashish, rather than lawful smoking of tobacco, and which may or may not be equipped with a screen.
PARAPHERNALIA. An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marihuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance.
PERSON. Any individual, corporation, government or governmental subdivision or agency, trust, business trust, estate, partnership or association.
(Ord. 2981, passed 2-24-1986)
Statutory reference:
Public Health Code, see MCLA 333.1101 et seq.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marihuana pipe, hashish pipe, or other instrument, implement or device that is primarily adapted or designed for the administration or use of any controlled substance as enumerated in Sections 7210 – 7220, Act 368 of the Public Acts of 1978, as amended, commonly known as the Public Health Code, being MCLA §§ 333.1101 et seq. and MSA §§ 14.15(1101) et seq.
(b) The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal, lawful course of their respective businesses or professions, nor to common carriers or warehouses or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self- injections.
(c) The prohibition contained in this section shall not apply to persons who are participants of the Wellness AIDS Service Incorporated Approved Syringe Exchange Program.
(Ord. 2981, passed 2-24-1986; Ord. 3763, passed 1-11-2010; Ord. 3797, passed 8-8-2011)
Statutory reference:
Public Health Code, see MCLA 333.1101 et seq.
Before a person can be arrested or charged with a violation of § 31-27.3 hereof, the Chief Legal Officer for the City of Flint shall notify the person in writing, not less than two (2) days before the person is to be arrested or charged, that the person is in possession of a specific material that has been determined by the Chief Legal Officer to be unlawful under the terms of § 31-27.3 hereof. The notice shall request that the person refrain from offering the material for sale, and shall further state that no arrest will be made or charges filed in the event that person complies with the notice. Compliance shall be complete defense to prosecution under § 31-27.3 so long as compliance continues.
(Ord. 3097, passed 4-24-1989)
A person who violates any provision or provisions of §§ 31-27.2 and 31-27.3, upon conviction, shall be punished with a fine not exceeding five hundred dollars ($500.00) or imprisonment for a period not to exceed ninety (90) days, or both, in the discretion of the Court. Each day of the violation shall be considered a separate offense.
(Ord. 2981, passed 2-24-1986)
Any person who offers for public sale any model airplane glue as defined herein shall first require proof that the purchaser is seventeen years of age or older and shall require identification in the nature of a driver’s license or other valid proof of age.
(Ord. 1899, passed 4-18-1966)
Any person, firm or corporation who offers for public sale any model airplane glue shall be required to maintain a permanent record, recording the name and address of the purchaser and the date, time, substance and quantity sold to any purchaser of model airplane glue as defined by this ordinance. Said record shall be available for inspection by any legitimate police officer at any reasonable time for a period of a least six months.
(Ord. 1899, passed 4-18-1966)
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