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(a) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model airplane glue or other toxic substances; provided, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purpose.
(b) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally use any seeds of the plants botanically known as the family of Ipomoea and Ololiuqui.
(Ord. 1899, passed 4-18-1966)
The substances described in § 31-26 hereof shall not be displayed or stored in such a manner to allow the purchase of same without a request therefor being made of the vendor by the vendee.
(Ord. 1899, passed 4-18-1966)
It shall be unlawful for any person in the City of Flint to engage in prostitution, to patronize a prostitute, to promote prostitution, to permit prostitution, to solicit or invite another person to commit prostitution, or to profit from prostitution.
(Ord. 2505, passed 7-28-1975)
A person commits the crime of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he pays a fee to another person as compensation for that person or a third person having engaged in sexual conduct with him; or
(b) He pays or agrees to pay a fee to another person on the understanding that in return that person or a third person will engage in sexual conduct with him; or
(c) He solicits or requests another person to engage in sexual conduct with him in return for a fee.
(Ord. 2505, passed 7-28-1975)
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited, is immaterial, and it is no defense that both persons were of the same sex, or that the person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay the fee was a female.
(Ord. 2505, passed 7-28-1975)
SEXUAL CONDUCT.
(1) Sexual intercourse that has its ordinary meaning and occurs upon any penetration, however slight. Emission of semen is not required.
(2) Deviate sexual intercourse, which means any act of sexual gratification between persons involving the sex organs of one person and the mouth or anus of another.
(3) Sexual contact, which includes the intentional touching of a person’s intimate parts or the intentional touching of the clothing covering the immediate areas of a person’s intimate parts, if the intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification.
(Ord. 2505, passed 7-28-1975; Ord. 2698, passed 2-26-1979; Ord. 3100, passed 6-26-1989)
It shall be unlawful for any person in the City of Flint to perform any act of sexual conduct as defined in § 31-33.3 of the Code of the City of Flint in a vehicle when the vehicle is in motion, parked, stopped or standing:
(a) In a public place; or
(b) In an area open to the public; or
(c) (1) On private property when the interior of the vehicle is on view from a public area or an area open to the public.
(2) ON VIEW shall be defined for the purpose of this section as capable of being seen if the interior of the vehicle is lighted naturally or artificially, or if unlighted, capable of being seen if it becomes lighted naturally or artificially, whether the light originates from the interior or exterior of the vehicle.
(Ord. 2772, passed 6-9-1980; Ord. 3100, passed 6-26-1989)
(a) A person commits the crime of promoting prostitution if he knowingly advances or profits from prostitution.
(b) For the purpose of this section, a person
ADVANCES PROSTITUTION if, acting other than as a prostitute or a patron of the prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, offers to serve as an agent or manager for prostitution purposes, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.
(Ord. 2505, passed 7-28-1975; Ord. 2848, passed 8-16-1982)
For the purposes of this ordinance, a person profits from prostitution if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.
(Ord. 2505, passed 7-28-1975)
A person commits the crime of soliciting if he:
(a) Accosts, solicits, or invites another person in any public place, or in or from any place, structure, house, building, or vehicle, by word, gesture, or any other means, to commit prostitution or do any other lewd or immoral or illegal act; or
(b) Receives or admits or offers to receive or admit any person or knowingly permits any person to remain in any such place for such purpose.
(Ord. 2505, passed 7-28-1975; Ord. 3107, passed 8-14-1989)
Subject to the maximum penalty set forth in § 1-7 of this Code and subject to other provisions of the law, persons found guilty of violation of §§ 31-32 through 31-33.7 of this Code on a second or subsequent occasion shall be punished by a fine or imprisonment which shall exceed any previous fine or imprisonment levied against such person for the last previous offense.
(Ord. 2626, passed 4-10-1978)
If any person shall make complaint on oath, in writing, before any Court in the City of Flint, that he suspects or has probable cause to suspect that any house or building, or other place in the City of Flint, is kept or used as a bawdy house or house of ill-fame, or place for the resort of prostitutes or persons for the purpose of prostitution, or to associate with prostitutes, or that persons do resort to such house, building or other place for the purpose of prostitution, or to associate with prostitutes, whether the names of the persons concerned are known to the complainant or not, the Court shall issue a warrant directed to the Chief of Police or any police officer of the City, commanding such Chief of Police or police officer to enter into such house, building or other place, and arrest all prostitutes there found and all persons appearing to be there for the purpose of prostitution, or for the purpose of associating with prostitutes, and also the keeper or keepers of said house, building or place and the dwellers therein, and bring them before said Court to be dealt with according to law.
(Ord. 43, passed 10-17-1902)
The officer to whom such warrant shall be delivered shall execute the same according to the command thereof, and shall return it to the Court, and his return shall specify what persons were arrested by him as prostitutes, and what persons were arrested by him as keepers of the house, building or place and dwellers therein, and what persons were arrested by him as being there for the purpose of prostitution, or associating with prostitutes, and shall retain the custody of said person or persons until complaint shall be made and a proper warrant issued and such person or persons arrested thereon; provided, that this section and § 31-34 shall not be construed to prohibit the issuing of a warrant in the first instance to arrest any person or persons charged upon oath with violating any of this ordinance.
(Ord. 43, passed 10-17-1902)
It shall be unlawful for any person, firm or corporation to place, leave, or suffer or permit to remain in any place accessible to children, any icebox, refrigerator or any other container of any kind which has an airtight door, or lock or device, which may not be released for opening from the inside of said icebox, refrigerator or container, except an icebox, refrigerator or container in actual use for the storage of food or drugs and except an icebox, refrigerator or container used for display purposes inside of any store building and attended by some employee of such store, unless the door or doors shall have first been removed from such icebox, refrigerator or container, or unless the lock or device thereon shall have first been removed so that such door may be released for opening from the inside of such icebox, refrigerator or container, or unless a metal strap, band or wire of at least 400 pounds tensile strength shall have first been tightly and securely placed about said icebox, refrigerator or other container in such a manner as to effectively prevent the opening of the door without removing such strap, band or wire, and which strap, band or wire shall have been mechanically fastened or sealed in such a manner that the strap, band or wire cannot be removed from said icebox, refrigerator or container, except by mechanical means, or unless said door shall have been securely padlocked.
(Ord. 1138, passed 10-19-1953)
Statutory reference:
Similar provisions, see MCLA 750.493d
It shall be unlawful for any person to be in possession of a knife with a blade more than three inches in length, any 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, in any of the streets, alleys, parks, boulevards or other public property or schools in the City, or in any dance hall, theater, amusement park, liquor establishment, store or other private property generally frequented by the public for purposes of education, recreation, amusement, entertainment, sport or shopping. The prohibition contained in this section shall not apply to any person in possession of any such weapon or instrument when it is used or carried in good faith as a tool of honest work, trade, business, sport or recreation, when the person in possession of such weapon or instrument is actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport or recreation, or is transporting such weapon or instrument directly to that individual’s residence or place of business immediately after purchase, or unless such person is licensed by the State of Michigan to carry a concealed weapon and then only in accordance with any restrictions upon said license.
(Ord. 1840, passed 5-10-1965; Ord. 2864, passed 12-20-1982)
Cross-reference:
It shall be unlawful for any person under the age of eighteen (18) years to be in possession of any knife, dart or instrument of any description that could be used for cutting or stabbing, any blackjack, slingshot, billy, metallic knuckles, sand club, sand bag, karate sticks, nunchucks, shurikens (sharpened stars or discs used for throwing) or bludgeon or any other dangerous or deadly weapon or instrument in any streets, alleys, parks, boulevards or other public property or schools in the City, or in any dance hall, theater, amusement park, liquor establishment, store or other private property generally frequented by the public for purposes of education, recreation, amusement, entertainment, sport or shopping; provided, this section shall not apply to any such person under the age of eighteen (18) years of age being in possession of any such weapon or instrument when it is used or carried in good faith as a tool of honest work, trade, business, sport or recreation, or when used in good faith 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, or unless such person is licensed by the State of Michigan to carry a concealed weapon, and then only in accordance with any restrictions upon said license.
(Ord. 1840, passed 5-10-1965; Ord. 2864, passed 12-20-1982)
(a) Prohibition. It shall be unlawful for any person to sell, offer for sale, keep, possess, use or loan any switch blade or self-opening knife; provided, that the prohibition of this section shall not apply to any one-armed person in possession of such a knife in connection with his living requirements.
(b) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DART. A pointed weapon or stick thrown by hand.
SWITCH BLADE or SELF-OPENING KNIFE. A knife containing a blade which can be opened by depressing a button, pressure on the handle, release of a spring or other mechanical contrivance.
(Ord. 1840, passed 5-10-1965)
Statutory reference:
Similar provisions, see MCLA 750.226a
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)
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)
(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)
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)
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)
(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)
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)
No person, firm or corporation within the City of Flint shall knowingly either sell, lend, lease, show or distribute, or offer to sell, lend, lease, show or distribute any obscene book, newspaper, pamphlet, writing, magazine, photograph, picture, film recording, figure or image.
(Ord. 153, passed 5-31-1921; Ord. 2176, passed 12-8-1969)
It shall be unlawful for any person to make, exhibit, sell, deliver, provide, purchase or knowingly receive, or offer or agree to make, exhibit, sell, deliver, provide, purchase or knowingly receive, or have in his possession with intent to exhibit, sell, deliver, provide, purchase or knowingly receive, any printed matter, visual representation or sound recording, including but not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures, tape or wire recordings, which depict or describe the body or conduct of a minor child under eighteen (18) years of age engaged either actively or passively in sexual conduct, or the creation of which entailed the use of a minor child under eighteen (18) years of age engaged either actively or passively in sexual conduct.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion. Also the condition of the human male or female genitals in the state of sexual stimulation or arousal.
(Ord. 2593, passed 3-14-1977)
(a) Viewing in vehicle. A person in a vehicle equipped with a television viewer, screen, or other means of visually receiving or displaying a television or video broadcast or prerecorded audio-visual presentation shall not operate the device upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in such a way that obscene material on the device can be viewed by anyone outside the vehicle when the person has knowledge of the content and character of the obscene material.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTEMPORARY COMMUNITY STANDARDS. The customary limits of candor and decency in the City of Flint at or near the time of the alleged violation of this act.
DISPLAY. To show or exhibit to the public not for commercial gain.
KNOWLEDGE OF CONTENT AND CHARACTER. Having general knowledge of the nature and character of the material involved. KNOWLEDGE OF CONTENT AND CHARACTER may be proven by direct evidence or by circumstantial evidence, or both.
MATERIAL. Anything tangible that is capable of being used or adapted to arouse prurient interest, whether through the medium of reading, observation, sound, or in any other manner, including, but not limited to anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, film, transparency, slide, audiotape, audiodisk, computer tape, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction. MATERIAL includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent.
OBSCENE. Any material that meets all of the following criteria:
a. The average individual, applying contemporary community standards, would find the material, taken as a whole, appeals to the prurient interest.
b. The reasonable person would find the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.
c. The material depicts or describes sexual conduct in a patently offensive way.
PERSON. An individual, or a sole proprietorship, partnership, corporation, association, or other legal entity, or an agent or servant of an individual or legal entity.
PRURIENT INTEREST. A shameful or morbid interest in nudity, sex, or excretion.
SEXUAL CONDUCT. One or more of the following:
a. Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.
b. Representations or descriptions of masturbation, excretory functions, or a lewd exhibition of the genitals.
SIMULATED. The explicit depiction or description of any of the types of conduct set forth in the definition of sexual conduct above, which creates the appearance of such conduct.
ULTIMATE SEXUAL ACTS. Sexual intercourse, fellatio, cunnilingus, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, or depictions or descriptions of sexual bestiality, sadomasochism, masturbation, or excretory functions.
(c) Violation. Violation of this section is a misdemeanor.
(Ord. 3621, passed 8-9-2004)
It shall be unlawful for any person or persons to remain within the Municipal Center buildings beyond 11:00 p.m. except by specific authorization from the Chief Administrative Officer of the City of Flint, provided, however, that officers, officials, and employees of the City of Flint, performing their assigned duties, shall be permitted in said buildings beyond such hour.
(Ord. 2174, passed 12-6-1969)
§§ 31-45.1, 31-45.2 RESERVED.
(a) It shall be unlawful:
(1) For any person or persons to hinder or prevent by mass picketing, unlawful threats or intimidation or force the pursuit of any lawful work or employment;
(2) To obstruct or interfere with entrance to or egress from any place of employment;
(3) To obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance; or
(4) To engage in picketing a private residence by any means or methods whatever; provided, that picketing, to the extent that the same is authorized under constitutional provisions, shall in no manner be prohibited.
(b) Violations of this section shall be a misdemeanor and punishable as such.
(Ord. 2069, passed 7-22-1968)
It shall be unlawful for any person not licensed by the State of Michigan or Federal government to have in possession, or sell, or use chemical substances known as methaqualone and flurazepam hydrochloride, unless sold, used or possessed as the result of a prescription issued by one licensed for that purpose by the State of Michigan, and in no event shall such prescription be issued for more than thirty (30) pills, capsules or equivalent liquid dosage.
(Ord. 2364, passed 10-9-1972)
It shall be unlawful for any person to:
(a) Be present in any public place with his ability to walk, talk, or see significantly impaired by the use of intoxicating liquor or drugs so that he is either endangering directly the safety of another person or of the property or is acting in a manner that causes public disturbances.
(b) Be present in any public place with his ability to walk, talk, or significantly impaired by the use of any controlled substance as defined by Public Act 196 of 1971, as amended, provided however, that this subsection shall not be construed to apply to a person whose faculties have been impaired by medication prescribed by a physician and taken as directed.
(Ord. 143, passed 5-31-1921; Ord. 2641, passed 5-22-1978)
Statutory reference:
“Controlled substance” defined, see MCLA 257.8b
Police officers and peace officers of said City may, and it shall be the duty of each of them, to arrest with or without process, any person found by them or either of them within the City, violating § 31-46 and may convey him or her to the common jail of the County, or some other place of confinement provided by the City till such person become sober, when the officer making such arrest shall take such person before the District Court of said City and if not already made, make a complaint against him or her for violation of that section. The keeper of said jail or place of confinement shall safely keep such person therein until taken away by the officer making the arrest, or by some other person having legal authority to remove him or her, until such person shall have remained in such jail or place of confinement 24 hours. Or should the arrest be made on Saturday or should Sunday or a legal holiday intervene, then until the hours of 12:00 of the day next thereafter upon which a Court may be legally held.
(Ord. 143, passed 5-31-1921)
It shall be unlawful for any person to deface, mar or disfigure any hall, stairway, interior or exterior finish, restroom, toilet, washroom, furniture or equipment of any kind in any public building, church or other public structure within the limits of the City of Flint.
(Ord. 195, passed 10-19-1925; Ord. 1932, passed 9-12-1966)
(a) All graffiti, including but not limited to writing, symbols, spray painting, drawings, or defacing of the exterior of any building or structure, shall be removed, covered or repainted by the building or property owner or occupant in such a manner as to render the graffiti unseeable within seven days after the building or structure was defaced.
(b) The removal or repair of the graffiti, or defacing shall restore the exterior of the building or structure as near as possible to its original condition or color.
(c) Upon the property or building owner’s or occupant’s failure to remove or correct the graffiti or defacing, in addition to the penalties contained in Chapter 1, §§ 1-10 through 1-21 herein, the City may remove or correct the defacing and the cost thereof shall be charged against the owner or occupant of the property and payment thereof shall be enforced as a special assessment as provided in the City Charter and Code of Ordinances.
(d) Each day that violation of this section continues to exist shall constitute a separate offense and shall be punishable as such.
(Ord. 3338, passed 9-23-1996; Ord. 3559, passed 6-9-2004)
It shall be unlawful for any person, while riding or being in or upon any electric trolley car, common carrier bus, used or operated on any public street in the City of Flint for the carriage of passengers for hire, to produce or cause to be produced by means of a pipe, cigar or cigarette, or other means, any tobacco smoke except in a compartment therein, if any, designated as a smoking compartment by the operator of such trolley car or bus.
(Ord. 214, passed 7-25-1926)
It shall be unlawful for any person to smoke or carry lighted tobacco in any form in any of the following areas:
(a) Any portions of a retail establishment where dry goods, fabrics or clothing are sold.
(b) Any public place, at a meeting of a public body and a state or local governmental agency, food service establishment or any nonsmoking area of a casino.
(c) Any passenger elevator used by the public. The owner or person in control of any building in which such an elevator is situated shall post signs clearly visible to all persons entering such elevator.
(d) Any hospital or nursing home.
(e) Any seating areas of theatres, motion picture theatres, music and concert halls and libraries.
(f) Any display areas of museums.
(g) Any area of a business establishment frequented by the public which has been designated by the owner or person in charge of such establishment and marked with a sign or signs.
(h) A publicly owned hospital campus and publicly owned property immediately adjacent to a publicly owned hospital campus, any health care facility or any children’s center.
(i) Smoking shall not be permitted on the following streets and sidewalks internal to the Hurley Medical Center Campus: Sixth Avenue from Grand Traverse Street to the Hurley Medical Center, Begole Street from Fifth Avenue to the Hurley Medical Center, Seventh Avenue from Grand Traverse to the Hurley Medical Center, and Patrick Street from Fifth Avenue to Eighth Avenue.
(j) Any hotels, motels and other lodging facilities.
(k) Failure to comply shall result in a fine of $25.00 for the first offense. The fine may be increased by an additional penalty of $25.00 for each subsequent offense.
(Ord. 2506, passed 7-28-1975; Ord. 3787, passed 1-10-2011)
The owner of person in charge of any area where fifty (50) or more persons gather in an enclosed public space for religious, recreational, political or social purposes shall designate a reasonable portion of the seating area in which smoking is not permitted for the use of those persons present who desire to be separate from persons who are smoking. It shall be unlawful for any person to smoke in an area so designated.
(Ord. 2506, passed 7-28-1975)
In all areas where smoking is prohibited or specifically permitted, the owner or person in charge of the area must so designate it with a sign or signs. Such signs shall contain lettering not less than one and one-half inches in height and state either, “Smoking Prohibited by City Ordinance” or “Smoking Permitted” and shall be so located as to be clearly visible to the public.
(Ord. 2506, passed 7-28-1975)
This ordinance shall be in full effect and enforceable as of the date required signs are posted or 30 days from the final passage of this ordinance, whichever occurs first. It shall also be effective and enforceable upon posting of required signs or within 30 days any new area described herein is opened to the public.
(Ord. 2506, passed 7-28-1975)
It shall be unlawful for any person to willfully enter upon the lands or premises of another without lawful authority or if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises, or for any person being upon the land or premises of another upon being notified to depart therefrom by the owner, or occupant, the agent or servant of either, without lawful authority, neglect or refuse to depart therefrom.
(Ord. 2594, passed 3-28-1977)
No person, without authority, shall loiter, linger, stay, saunter, delay or stand around, or do any other act so as to block, obstruct, impede or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon any public street or highway, sidewalk or any other public place or public building or an business lawfully conducted by anyone in or upon such public street, highway, public sidewalk or other public place or public building, by means of a barricade, object or device, or with his person, all or any of which prevents the free and uninterrupted ingress, egress and regress therein, thereon or thereto. This section shall not apply to persons maintaining, rearranging or constructing public utility facilities in or adjacent to a street or sidewalk, nor shall it apply to persons peacefully picketing upon places other than a public street or highway.
(Ord. 2601, passed 4-25-1977; Ord. 2862, passed 12-8-1982)
It shall be unlawful for any person to narrow the channel of Flint River within the limits City of Flint by means of construction of any wall, embankment, building or other structure within the channel thereof, or by placing earth, ashes, cinders, logs, or other material therein that will tend to diminish the flow of water or obstruct the natural watercourse as it now exists.
(Ord. 152, passed 8-3-1909)
It shall be unlawful for any person to telephone, visit or otherwise communicate with any person repeatedly or cause the same to be done for the primary purpose of harassing such other person or his family.
(Ord. 1619, passed 12-19-1960; Ord. 2641, passed 5-22-1978)
SCHOOL SAFETY ZONE. An area on or within five hundred (500) feet of any building or grounds thereof, or any fields or recreational area or other grounds lawfully used for school activities by any public, private or parochial school or community college or university or in any building located within a SCHOOL SAFETY ZONE.
(Ord. 3153, passed 1-14-1991)
(a) Any person is guilty of a misdemeanor who maliciously uses any service provided by a communications common carrier with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy any person, including 911 emergency dispatchers, or to disturb the peace and quiet of any person, including 911 emergency dispatchers by any of the following:
(1) Threatening physical harm or damage to any person or property in the course of a telephone conversation;
(2) Falsely and deliberately reporting by telephone or telegraph message that any person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime, or of an accident;
(3) Deliberately refusing or failing to disengage a connection between a telephone and another telephone or between a telephone and other equipment provided for the transmission of messages by telephone, thereby interfering with any communications service;
(4) Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation.
(b) Violation.
(1) Any person who violates this division is guilty of a misdemeanor which is punishable by imprisonment for not more than ninety (90) days, or a maximum fine of five hundred dollars ($500.00), or both.
(2) Each day that the violation continues shall constitute a separate violation for the purpose of the Court imposing punishment under this division.
(Ord. 3341, passed 10-14-1996)
(a) It shall be unlawful for any person found to be creating a disturbance on any private, public or parochial school or community college or university or on the grounds thereof, or on fields or recreational areas or other grounds lawfully used for school activities while such activities are in progress, to remain on the premises after being directed to leave by the principal or by any other authorized personnel.
(b) It shall be unlawful for any person to enter and remain in any public, private or parochial school or community college or university building during regular or special sessions or other authorized activities of such schools, unless said person is a regularly enrolled student, teacher, authorized volunteer or other school district employee, unless he shall have first and immediately proceeded to the administrative offices and identified himself to the principal or any other authorized personnel.
(c) It shall be unlawful for any person to enter and remain in any public, private or parochial school, community college or university or on surrounding grounds of the school building after being requested to leave by the principal or any other authorized personnel.
(d) It shall be unlawful for any person other than a person licensed by the State of Michigan to carry a concealed weapon to possess, carry or transport onto or into any private, public or parochial school or community college or university or on any property under the supervision or jurisdiction of any private, public or parochial school or community college or university any pistol or other firearm or any dagger, dirk, razor, stiletto, knife or other dangerous or deadly weapon or instrument.
(e) It shall be unlawful for any person to knowingly have any pistol or other firearm or any dagger, dirk, razor, stiletto, knife or other dangerous weapon or instrument in any area under his control such as, but not limited to, a locker or automobile in any private, public or parochial school or community college or university or on any grounds surrounding any such school, community college or university, unless such person is licensed by the State of Michigan to carry a concealed weapon, and then only in accordance with the restrictions upon said license.
(Ord. 2641, passed 5-22-1978; Ord. 2823, passed 2-8-1982; Ord. 3008, passed 8-25-1986)
It shall be unlawful for any person, firm or corporation to file, or cause to be filed, a complaint with the Ombudsman, when such person, firm or corporation knows said complaint or the alleged facts on which it is based are untrue.
(Ord. 2644, passed 5-22-1978)
It shall be unlawful for any person, firm or corporation to knowingly give or cause to be given under oath a false statement or statements, knowing that said statement or statements are untrue, to any official of the City of Flint while in the performance of official duties.
(Ord. 2644, passed 5-22-1978)
(a) It shall be illegal for any person to put up at any hotel, motel, inn, restaurant, cafe or place of public accommodation and to procure any food, entertainment, or accommodation without paying therefor.
(b) It shall be illegal for any person to obtain services of any taxicab or other vehicle for hire licensed by the City of Flint without paying therefor.
(Ord. 3230, passed 3-8-1993)
§§ 31-65 – 31-69 RESERVED.
ARTICLE II. NOISE CONTROL
COMMERCIAL AREA. A parcel of land zoned for or legally used for commercial purposes. A parcel of land which is zoned D-2, D-3, D-4, D-5 or D-6 is legally being devoted to use which is a principal permitted use in such zoning districts is presumed to be such an area.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition.
CONTINUOUS NOISE. Any noise whose level varies less than 5 dB(A) during a period of at least five (5) minutes.
DAYTIME. Unless otherwise specifically noted, means the hours from 8:00 a.m. to 9:00 p.m.
dB(A). Decibels on the A-weighted network of a sound level meter as specified in American National Standards Institute Standard 5-1.4 — 1971.
DEMOLITION. Any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
IMPULSIVE NOISE. A short burst of sound not exceeding ten (10) seconds in duration.
INDUSTRIAL AREA. A parcel of land zoned for or used for industrial purposes. A parcel of land which is zoned E, F or G, or is legally being devoted to a use which is a principal permitted use in such zoning districts is presumed to be such an area.
INTERMITTENT NOISE. Any noise whose level remains constant which goes on and off during a course of measurement of at least ten (10) seconds, or goes on and off during a period of at least five (5) minutes, but which exceeds ten (10) seconds in duration each time it is on.
NIGHTTIME. Unless otherwise specifically noticed, means the hours between 9:00 p.m. and 8:00 a.m.
NOISE. Any sound occurring on either a perpetual, continuous, intermittent or impulsive basis. It also means the intensity, frequency, duration and character of sound, including sound and vibration and subaudible frequencies.
NOISE DISTURBANCE. Any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
(2) Annoys or disturbs a reasonable person of normal sensibilities; or
(3) Endangers or injures personal or real property.
PERPETUAL NOISE. Any noise whose level varies less than 3 dB(A) during a period of at least thirty (30) minutes.
PERSON. Any individual, association, partnership or corporation, and includes the City and other governmental entities.
REAL PROPERTY BOUNDARY. Any imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
RECEIVING LAND USE. The use (commercial, industrial or residential) of the land on or at which a noise is received.
RESIDENTIAL AREA. A parcel of land zoned for or legally used for residential purposes. A parcel of land which is zoned A-1, A-2, B, C-1, C-2 and D-1 or is legally being devoted to a use which is a principal permitted use in such zoning districts is presumed to be such an area.
WEEKDAY. Any day Monday through Friday which is not a legal holiday.
(Ord. 2741, passed 10-22-1979)
(a) It shall be unlawful for any person to unreasonably make, continue, or cause to be made or continued any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
(b) The following acts, and the causing thereof are declared to be in violation of this section.
(1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
a. In such a manner as to create a noise disturbance across a real property boundary;
b. In such a manner as to create a noise disturbance at fifty (50) feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters;
c. In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
(2) Loudspeakers/public address systems.
a. Using or operating for noncommercial purposes any loudspeaker, public address system or similar device during the nighttime, so that the sound therefrom creates a noise disturbance across a residential real or property boundary.
b. Using or operating for any commercial purpose any loudspeaker, public address system, or similar device so that:
1. The sound therefrom creates a noise disturbance across a real property boundary; or
2. During a nighttime or on a public right-of-way or public space.
c. Using or operating for any noncommercial purpose any loudspeaker attached to a motor vehicle outside of the cab of the vehicle and which amplifies radio broadcast or recorded sound.
(3) Street sales. Offering for sale or selling anything by shouting, or outcry within any residential or commercial area of the City except with a permit or license issued pursuant to any other provision of the Flint City Code.
(4) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects during the nighttime in such a manner as to cause a noise disturbance across a residential real property boundary.
(6) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(7) Places of public entertainment. Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than 100 dB(A) as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating: “Warning: Sound Levels Within May Cause Permanent Hearing Impairment.”
(8) Explosives, firearms, and similar devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or in a public space or right-of-way.
(9) Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to exceed a sound level or 85 dB(A) at fifty (50) feet (15 meters) or the nearest shoreline, whichever distance is less.
(10) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas during the nighttime so as to cause a noise disturbance across a residential real property boundary, except in an emergency.
(Ord. 2741, passed 10-22-1979; Ord. 3179, passed 7-22-1991)
(a) Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of impulsive noise within the City which exceeds the maximum permissible sound levels established herein, when measured at or within the real property boundary line of the receiving land use.
(b) Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:
Land Use | Daytime | Nighttime
|
Residential area | 80 dB(A) | 70 dB(A) |
Commercial area | 90 dB(A) | 80 dB(A) |
Industrial area | 100 dB(A) | 90 dB(A) |
(Ord. 2741, passed 10-22-1979)
(a) Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of intermittent noise within the City which exceeds the maximum permissible sound levels established herein, when measured at or within the real property boundary line of the receiving land use.
(b) Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:
Land Use | Daytime | Nighttime
|
Residential area | 70 dB(A) | 60 dB(A) |
Commercial area | 75 dB(A) | 65 dB(A) |
Industrial area | 80 dB(A) | 55 dB(A) |
(Ord. 2741, passed 10-22-1979)
(a) Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of continuous noise within the City which exceeds the maximum permissible sound levels established herein, when measured at or within the real property line of the receiving land use.
(b) Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:
Land Use | Daytime | Nighttime
|
Residential area | 60 dB(A) | 50 dB(A) |
Commercial area | 65 dB(A) | 60 dB(A) |
Industrial area | 70 dB(A) | 65 dB(A) |
(Ord. 2741, passed 10-22-1979)
(a) Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of perpetual noise within the City which exceeds the maximum permissible sound levels established herein when measured at or within the real property boundary line of the receiving land use.
(b) Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:
Land Use | Daytime | Nighttime
|
Residential area | 50 dB(A) | 45 dB(A) |
Commercial area | 55 dB(A) | 50 dB(A) |
Industrial area | 60 dB(A) | 55 dB(A) |
(Ord. 2741, passed 10-22-1979)
The provisions of this article shall not apply to the following:
(a) The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b) The emission of sound in the performance of emergency work.
(c) Warning devices necessary for public safety such as police, fire and ambulance sirens and horns.
(d) Motor vehicles and equipment for which noise levels are regulated by Act 73 of the Public Acts of 1978, as amended, and/or the City of Flint Motor Vehicle or Traffic Code.
(e) Aircraft and trains.
(f) The erection (including excavating), demolition, alteration or repair of any building:
(1) Between the hours of 8:00 a.m. and 8:00 p.m. on weekdays; or
(2) At any other time if a permit for same has been secured from the Department of Building and Safety Inspection. Such permit may be issued if the Department of Building and Safety Inspection finds the following facts to exist:
a. Issuance of the permit is in the interest of public health or safety; or
b. The public health and safety will not be impaired; or
c. The permit is necessary to avoid substantial loss or inconvenience to an interested party.
(g) The operation of domestic tools such as lawn mowers, snowblowers, edgers and the like, when such tools are operated in a manner and frequency that is normal and customary in the community.
(Ord. 2741, passed 10-22-1979)
Statutory reference:
Noise limitations; prohibitions, see MCLA 257.707c
(a) A person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not more than$1,500.00 or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.
(b) A person served with an appearance ticket for a violation of this article may waive his or her rights to an arraignment on such charge and voluntarily enter a plea of guilty thereto and pay a fine of twenty-five dollars ($25.00) at the office of the District Court Clerk, but only if said person has never before been convicted of any violation of this article.
(c) A citizen will not be required to sign a complaint for a violation of this ordinance if such complaint can be validly signed by the enforcing officer.
(Ord. 2741, passed 10-22-1979)
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