§ 31-40 SAME — SALE, GIFT OR LOAN TO MINOR.

   It shall be unlawful for any person to sell, offer for sale, give away or loan to any minor under the age of eighteen (18) years any dart or knife, blackjack, slingshot, billy, metallic knuckles, sand club, sand bag, karate sticks, nunchucks, shurikens (sharpened stars or discs used for throwing) bludgeon or any other dangerous or deadly weapon or instrument, when such person knows or reasonably should have known that the minor child was under eighteen (18) years of age. Provided, however, that the prohibitions contained in this article shall not apply when the person selling, offering for sale, giving away or loaning such weapon or instrument reasonably and in good faith believes that such weapon or instrument will be used by such minor as equipment related to and required for any legitimate sport, recreation or youth character building program, Boy Scouts, Girl Scouts, and the like, when actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport, recreation or youth character building program.

(Ord. 1840, passed 5-10-1965; Ord. 2864, passed 12-20-1982)

§ 31-40.1 SAME — EXCEPTIONS TO RESTRICTIONS AND PROHIBITION.

   The prohibitions contained in §§ 31-37 and 31-38 shall not apply to any person in possession of any such weapons or instruments which could be used as a tool of honest work, trade, business, sport or recreation, in a store or other public or private property generally frequented by the public provided such person or the employer of such person is duly licensed for such location by the City of Flint as an initial merchant, or such other licensing as may be appropriate.

(Ord. 2864, passed 12-20-1982)

§ 31-41 SAME — VIOLATIONS.

   Any police officer may, and it shall be his duty to arrest without process any person found violating any provision of this ordinance.

(Ord. 1840, passed 5-10-1965)

§ 31-41.1 BRANDISHING TOY, REPLICA OR FACSIMILE FIREARMS.

   (a)   (1)   FIREARM. The same as in § 31-20 hereof.

      (2)   TOY, REPLICA or FACSIMILE OF A FIREARM. Any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, TOY, REPLICA or FACSIMILE OF A FIREARM. includes all inoperative firearms or any other device which might reasonably be perceived to be a real firearm.

   (b)   No person shall market for sale or sell any toy, replica or facsimile of a firearm in the city to anyone other than an adult, and if given to other than an adult, the piece shall be painted in illuminating colors or orange, yellow or lime; tipped, striped or solid. The provisions of this subsection shall not apply to any toy, replica or facsimile of a firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.

   (c)   No person shall, except in self-defense, draw, exhibit or brandish a replica firearm in a threatening manner so as to cause the victim to reasonably believe that the person is actually in possession of an operable firearm.

   (d)   No person shall draw, exhibit or brandish a toy, replica or facsimile of a firearm, or simulate a firearm in the presence of a law enforcement officer, firefighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reasonable cause to believe that the law enforcement officer, firefighter, emergency medical technician or paramedic is engaged in the performance of his duties.

   (e)   Whoever violates subsection (b) hereof is guilty of the unlawful sale of a toy, replica or facsimile firearm.

   (f)   Whoever violates subsection (c) hereof is guilty of brandishing a toy, replica or facsimile firearm.

   (g)   Whoever violates subsection (d) hereof is guilty of brandishing a toy, replica or facsimile firearm in the presence of a public safety officer.

(Ord. 3291, passed 2-26-1995)

§ 31-41.2 PENALTY FOR § 31-41.1.

   Any individual found guilty of a violation of § 31-41.1 hereof shall be subject to a penalty of up to ninety (90) days imprisonment and/or a five hundred dollar ($500.00) fine, at the discretion of the Court.

(Ord. 3291, passed 2-26-1995)

§ 31-42 LOITERING IN DISTRICT COURT.

   It shall be unlawful for any person not being in attendance for transaction of business with the District Court to loiter or remain standing in the doorways, hallways, or approaches to the room or rooms in the building provided by the City of Flint for the use of District Court.

(Ord. 154, passed 11-22-1921)

§ 31-42.1 LOITERING AT THE MTA TRANSPORTATION CENTER.

   (a)   It shall be unlawful for any person, not being in attendance for the transaction of business at the MTA Transportation Center, after having been ordered by a law enforcement officer to remove himself or herself from the premises, to loiter or remain standing, sitting or lying down in the doorways, corridors, approaches, sitting areas, or bus boarding areas when said conduct has the effect of impeding or obstructing legitimate transportation center customers or employees from moving about in or around the Transportation Center.

   (b)   It shall be unlawful for any person, not being in attendance for the transaction of business at the MTA Transportation Center, after having been ordered by a law enforcement officer to remove himself or herself from the premises, to loiter or remain standing, sitting or lying down in the doorways, corridors, approaches, sitting areas, or bus boarding areas when said conduct has the effect of intimidating others from using the Transportation Center.

   (c)   It shall be unlawful for any person, not being in attendance for the transaction of business at the MTA Transportation Center, after having been ordered by a law enforcement officer to remove himself or herself from the premises, to loiter or remain standing, sitting or lying down in the doorways, corridors, approaches, or bus boarding areas when said conduct is for the purpose of socializing or resting at the Transportation Center.

   (d)   Prior to issuing a warning, a law enforcement officer must have a reasonable and articulable suspicion that a suspected perpetrator is not in attendance at the Transportation Center for the transaction of business.

   (e)   Any violation of subsections (a), (b) or (c) is a misdemeanor punishable by 90 days in jail and/or a $500.00 fine.

(Ord. 3449, passed 1-10-2000)

§ 31-43 MAGAZINES AND THE LIKE APPEALING TO PRURIENT OR VIOLENT INTERESTS.

   It shall be unlawful for any person, firm or corporation to display for sale, or otherwise, in a place frequented by persons under the age of eighteen (18), and in such a position as to be readily accessible to such persons, any magazine, book, newspaper, tabloid, picture or any other article which depicts sadistic or masochistic acts, contains lewd and lascivious pictures or descriptions or contains materials otherwise designed to appeal primarily to prurient, violent, sadistic or masochistic interests or which contains classified advertising designed to create acquaintanceships between persons of the opposite sex. It is the intent of this ordinance to specifically prohibit the display of “sun bathing” magazines, tabloid-type newspapers containing, primarily, accounts of crime and violence and magazines containing numerous photographs or drawings of nude persons. The foregoing enumeration is not intended to exclude from the ambit of this ordinance other materials designed to appeal to prurient, violent, sadistic or masochistic interests.

(Ord. 2024, passed 1-22-1968)