ARTICLE VII. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
86-251 Sports and games in streets prohibited.
No person shall fly any kite, toss or throw any ball for sport, or play at any game of ball or other game known as a field game, in any of the streets, lanes, alleys or public places of the city.
(Code 1985, § 16-36)
86-252 Use of white canes restricted.
No person shall carry or use upon the public streets and highways of the city any cane or walking stick which is white in color or white with red end or bottom. Such canes or walking sticks may be used upon the streets, highways and other public places of the city by persons wholly or partially blind as a means of protecting them and for the purpose of identifying them to drivers of vehicles and operators of motor vehicles and other pedestrians with whom they come in contact on such streets, highways and public places.
(Code 1985, § 16-37)
86-253 Drivers approaching person with white cane.
Any driver or operator of a motor driven vehicle or pedestrian who approaches or comes in contact with a person who is wholly or partially blind carrying a walking cane or walking stick white in color or white with red end or bottom shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person so carrying a white cane or walking stick.
(Code 1985, § 16-38)
86-254 Barbed wire and electrical fences prohibited; removal; exceptions.
(a) No person shall build, construct, erect or maintain any electrical or barbed wire fencing within the city.
(b) Any such barbed wire or electrical fencing shall be removed within ten days after notice by the building and safety engineering division has been given to the owners or occupants of lots on which such fences are constructed or maintained. If the fencing is not removed, the building and safety engineering division shall cause such fencing to be removed and the costs to be charged as taxes and become a lien against the property.
(c) This section shall not apply to barbed wire when strung on extension arms at the top of a fence; provided that such barbed wire be at least six feet from the ground and not extend beyond the property line upon which such fence is situated.
(Code 1985, § 16-40)
86-255 Private swimming pools, fencing; locks.
(a) As used in this section, “swimming pool” shall include any manmade body of water at least one foot in depth used or intended to be used for wading or swimming and not supervised by the city authorities.
(b) Every person in possession of land within the city either as an owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such pool is located a fence or other solid structure not less than four feet in height completely enclosing the premises or swimming pool, with no opening (other than doors or gates) larger than six inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use.
(Code 1985, § 16-41)
86-256 Expectorating in public places prohibited.
No person shall expectorate or spit upon any sidewalk or upon the floor, steps, radiators, registers or furnishings, other than cuspidors, in or leading to any public building or public office in the city.
(Code 1985, § 16-39)
86-257 Abandoned refrigerators and containers.
No person shall leave, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snaplock or other device thereon, without first removing the snaplock or doors from such icebox, refrigerator, or container.
(Ord. No. 2074, § 3, 11-20-97)
State law reference—Similar provisions, MCL 750.493d.
86-258—86-265 Reserved.
DIVISION 2. WEAPONS1
86-266 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous or deadly weapon means and includes any concealable firearm, switchblade knife or other knife with a blade that exceeds three inches, dirk, dagger, bowie knife, knifelike throwing stars, karate sticks, numchucks, knuckles made of any metal, blackjack, billy club, razor, sword, gun, cane, stiletto, spear or any other device of like nature capable of inflicting a severe or fatal injury to a human being.
Encased means enclosed in a case, container or receptacle designed and constructed specifically for the purpose of encasing a firearm, but shall not include a holster for a handgun.
Firearm means any weapon, by whatever name known, or the barrel, receiver or any part of the firing mechanism of such weapon, which is designed to or may be readily converted to eject or propel a dangerous projectile 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 caliber by means of springs, gas or air.
Fixed place of business means an established location of a commercial or industrial enterprise owned, managed or operated by a person.
Handgun means any firearm having a barrel not exceeding 12 inches in length, measured by the insertion of a rod with the receiver or slide closed.
Loaded means any firearm which contains a round or rounds of ammunition in the chamber, slide, receiver, barrel or cylinder, or clip attached thereto.
Minor means any person under the age of 17 years.
Residence means that place where a person actually lives, makes his home or place of abode.
Unloaded means any firearm which does not contain a round or rounds of ammunition in the chamber, receiver, slide, barrel, cylinder or clip attached thereto.
Unserviceable firearm means a firearm which is incapable of discharging a projectile by means of an explosive, gas or air and incapable of being readily restored to a firing condition.
(Code 1985, § 16-103)
Cross reference—Definitions generally, § 1-2.
86-267 Concealed weapons prohibited.
No person except officers of the peace, night watches legitimately employed as such or any other person authorized by law shall go armed with a firearm or dangerous or deadly weapon or instrument concealed upon his person, or whether concealed or otherwise, in any vehicle operated or occupied by such person.
(Code 1985, § 16-104)
State law reference—Carrying concealed dangerous weapons, MCL 750.227.
86-268 Sale or possession of switchblade and certain other knives; exceptions.
(a) No person shall sell, offer for sale or have in his possession any knife having the appearance of a pocketknife, the blade of which can be opened by a flick of a button, pressure on the handle or other mechanical devices or gravity, or any pocketknife with an overall length of three inches or more, or any knifelike throwing stars.
(b) This section shall not include any closed nonmechanical, nongravity pocketknife of three inches or less in overall length, or any nonmechanical, nongravity pocketknife essential to one’s trade.
(Code 1985, § 16-105)
86-269 Display of specified weapons prohibited.
No person shall display or place on exhibition in any show window or other window facing upon any street any pistol, revolver or other firearm with a barrel of less than 12 inches in length.
(Code 1985, § 16-106)
86-270 Sale or possession of armor-piercing bullets prohibited; exceptions; penalty.
(a) No person shall sell, offer for sale, or have in his possession any bullet that, when fired out of a handgun with a barrel length of five inches or less, can penetrate 18 layers of kevlar or equivalent bulletproof material. This section shall not apply to or affect any of the following:
(1) Peace officers engaged in the performance of their official duties.
(2) Wardens, superintendents and keepers of prisons, jails and other institutions for the detention of persons accused or convicted of an offense.
(3) Members of the armed services or reserved forces of the United States or the state national guard while in the performance of their official duty.
(4) Any persons otherwise authorized by federal or state law to possess such ammunition.
(b) Burden of proof. In any prosecution for a violation of this section, the burden of establishing any exception under subsection (a) shall be upon the defendant, but this does not shift the burden of proof for the violation, which shall remain with the people.
(c) Penalty. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 nor more than $500.00, or both.
(Code 1985, § 16-106.1)
86-271 Sale or possession of brass knuckles, blackjacks and billy clubs.
No person shall sell, give away or have in his possession for the purpose of selling or giving away, or to display for sale or giving away, any brass knuckles or other knuckles of metal, billy club, blackjack, switchblade knife or bowie knife.
(Code 1985, § 16-107)
86-272 Possession of certain dangerous weapons by minors prohibited; responsibility of parents.
(a) Except in conjunction with courses of instruction as may be approved by the city police department, no minor shall use or have in his possession within the city an air gun, air pistol, bow and arrow, slingshot, karate sticks, numchucks or knifelike throwing stars. The chief of police or any member of the police force shall have authority and it shall be his duty to confiscate any of the aforementioned articles found in the possession of any minor.
(b) No parent or guardian of any minor in his charge or custody shall knowingly permit such minor to use or have in his possession any air gun, air pistol, bow and arrow or slingshot.
(Code 1985, §§ 16-108, 16-109)
86-273 Sale or furnishing of dangerous weapons to minors and intoxicated persons.
No person shall knowingly sell, offer for sale, loan or furnish any rifle, firearm or other dangerous or deadly weapon to:
(1) Any minor under the age of 18 years;
(2) Any person under the influence of any alcoholic beverage, narcotic drug, stimulant or depressant;
(3) Any person in a condition of agitation and excitability; or
(4) Any person the seller, lender or donor has reasonable cause to believe is not of sound mind.
(Code 1985, § 16-110)
86-274 Order required to sell or deliver revolver.
No person shall sell, deliver or furnish to any other person any revolver or pistol or handgun, unless such person shall first procure and exhibit an order therefor from the chief of police.
(Code 1985, § 16-111)
86-275 Discharging firearms and other dangerous weapons; exceptions.
(a) No person shall discharge any firearm, rifle, CO2 gun, air gun, BB gun or slingshot within the city.
(b) This section shall not apply to the following circumstances:
(1) In necessary self defense of persons or property;
(2) A law enforcement officer in necessary performance of his duty;
(3) For the purpose of target shooting or practice on a range operated by qualified personnel; qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency;
(4) For the purpose of target shooting on private premises with air, spring or CO2 operated BB guns, pellet guns or slingshots, provided:
a. The target area is enclosed in such manner and with materials that will stop the projectiles;
b. Such target shooting is supervised by an adult at all times; and
c. Any safety precautions recommended by the chief of police are complied with;
(5) Where a permit is issued by the chief of police;
(6) Any military exercise or parade.
(Code 1985, § 16-112)
State law reference—Regulation of BB guns, MCL 752.891.
86-276 Possession of firearms—Restricted.
(a) No person shall transport or have in his possession in or upon any vehicle on or about his person a loaded firearm in and upon any street, alley or other place in the city or at any place other than the residence or fixed place of business of such person.
(b) No person shall transport or have in his possession in or upon any vehicle, at any place other than the residence or fixed place of business of such person, a firearm unless the firearm shall be unloaded, encased and carried in the luggage compartment of the vehicle.
(c) No person shall carry or have on or about his person at any place other than the residence or fixed place of business of such person a firearm unless the firearm is unloaded and encased.
(d) No minor shall carry or have on or about his person, or transport or have in possession in or upon any vehicle in and upon any street, alley or other public places in the city a firearm.
(Code 1985, § 16-113)
86-277 Same—Exemptions.
(a) The provisions of section 86-276 shall not apply to:
(1) Police officers and peace officers of a duly authorized police agency of the United States or of any state or of any subdivision thereof who are required to carry firearms as part of their official duties and who are engaged in the performance of their official duties.
(2) Members of the military service when carrying weapons in the line of duty.
(3) Members of the organized militia of the state, armed forces of the United States, or other military organizations duly authorized by federal or state law, when on duty or drill, or in going to and in returning from their places of assembly or practice while carrying weapons used for purposes of the state militia, armed forces of the United States or other duly authorized military organization.
(4) Persons duly authorized by federal or state law to carry firearms.
(5) Persons transporting or possessing in or upon any vehicle or carrying or having on or about their persons an unserviceable firearm.
(b) The provisions of section 86-276(b), (c) and (d) shall not apply to:
(1) Licensed manufacturers, wholesale dealers and retail dealers of firearms, and their agents and employees, to the extent that the transportation, possession and carrying of any firearm is in the ordinary course of business.
(2) Carriers, warehousemen and others engaged in the business of transporting or storing or selling firearms and their agents and employees to the extent that the transportation, possession, or carrying or having on or about the person of any firearm by such persons is in the ordinary course of business and in conformity with the laws of this state or the United States.
(3) Members of a color guard, military unit or marching unit, while such color guard, military unit or marching unit is participating in a duly authorized parade, athletic event or funeral or while so participating in such other civic events and functions in which the flag of the United States is displayed.
(Code 1985, § 16-114)
86-278 Forfeiture of firearms.
Any firearm seized by a police officer upon the arrest of any person charged with a violation of any of the provisions of this article may, upon conviction of such person, be ordered forfeited by the court. Such firearm shall be turned over to the police department of the city for disposal, except that any firearm so seized which has been reported stolen shall be returned to the lawful owner thereof upon a satisfactory showing to the court of such ownership.
(Code 1985, § 16-115)
86-279—86-290 Reserved.
DIVISION 3. FIREWORKS2
86-291 Possession and discharging prohibited.
(a) Except as otherwise provided by law, no person shall offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess, give, furnish, transport, use, explode or cause to explode any of the following:
(1) Any blank cartridge, blank cartridge pistol, toy cannon, toy cane or toy gun in which explosives are used.
(2) A balloon which requires fire underneath to propel it.
(3) Firecrackers, torpedoes, skyrockets, roman candles, dago bombs or other fireworks of like construction.
(4) Any fireworks containing any explosive or flammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorous, or any compound containing any of these or other modern explosives.
(b) The city council may grant a permit for the use of fireworks otherwise prohibited by subsection (a) of this section in accordance with applicable state law.
(c) A permit for the use of fireworks is not required for any of the following:
(1) Flat paper caps containing not more than 0.25 grain of explosives content per cap, in packages labeled to indicate the maximum explosive content per cap.
(2) Toy pistols, toy cannons, toy canes and toy guns of a type approved by the director of the department of state police in which paper caps as described in subsection (c)(1) are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.
(3) Sparklers containing not more than 0.0125 pound of burning portion per sparkler.
(4) Flitter sparklers in paper tubes not exceeding one-eighth of an inch in diameter.
(5) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and with the manufacturer’s name and quantity contained in each box printed thereon.
(6) Possession, transportation, sale and use of signal flares of a type approved by the director of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, or for use by military organizations, and all items used by railroads, trucks or vehicles for emergency signal purposes.
(Code 1985, § 16-116)
86-292 Sale or storage prohibited; exceptions; license.
(a) No person shall store, sell or offer for sale in the city any fireworks, firecrackers or similar items prohibited by state law with the exception of exhibits authorized by state law or approved by the fire marshal of the city.
(b) Where fireworks, firecrackers or similar items are allowed by state law or the fire marshal to be sold, a license must first be obtained from the City of Pontiac prior to any such sale.
(c) The license fee is in the amount of $100.00. Fifty dollars for the license will be refunded to the applicant should the application be denied.
(d) Licenses are to be issued at a time frame set up by the fire marshal and amended from time to time by the fire marshal.
(e) The application for the license is to be submitted to the fire marshal at least 15 days prior to the first date of sale.
(f) Prior to the license being approved by the fire marshal, the following departments/divisions must grant their approval: (1) Building and Safety Engineering Division of the City of Pontiac; (2) Pontiac Police Department; (3) Pontiac Fire Department; (4) Pontiac Treasurer’s Office; (5) Income Tax Division, City of Pontiac.
(g) The amounts of the fee for the license may be amended from time to time by resolution by the council.
(h) The City of Pontiac shall be exempt under this provision based upon the fact that it would be used for a public purpose by a public entity.
(Code 1985, § 16-117; Ord. No. 2046, § 1, 6-27-96)
86-293 Sale of sparklers and caps; license required; storage.
(a) The sale of sparklers and caps not prohibited by the laws of the state may be sold or offered for sale, provided that the person selling such sparklers or caps shall first obtain a license for the sale thereof, which shall expire May 31 of each year, and pay a license fee as set by the council by resolution.
(b) The license required by this section shall be issued by the administrator of the inspection services division and shall not be transferable.
(c) The licensee under this section shall store all sparklers and caps in a metal container.
(Code 1985, § 16-118)
86-294 Fireworks license for exhibitions or events; inspections and supervision by fire marshal; license requirements; specific designated holidays.
(a) A license for special exhibits or events in the City of Pontiac in conjunction with fireworks, firecrackers and similar approved items, must first be obtained before any such exhibition takes place and may take place only in areas where there will not be danger of fire or other hazards caused by such exhibition.
(b) The license fee shall be in the amount of $100.00. Fifty dollars of the license fee will be refunded to the applicant should the application be denied.
(c) The amount of the fee may be amended from time to time by resolution by the council.
(d) The application for this license is to be submitted to the fire marshal at least 15 days prior to the event/exhibition.
(e) To obtain the license, the following departments must grant their approval: (1) Building and Safety Engineering Division, City of Pontiac; (2) Pontiac Police Department; (3) Pontiac Fire Department; (4) Pontiac Treasurer’s Office; (5) Income Tax Division of the City of Pontiac.
(f) Prior to the approval of the application, the fire marshal shall do a pre-inspection for proof of inventory-packing slip, order form to be provided, and the fire marshal and/or his/her designated should do an inspection during the event to verify pyrotechnics.
(g) Along with the application, the applicant must provide proof of pyrotechnics license, insurance, and any and all other documentation required by the fire marshal.
(h) The license shall expire at the end of each event.
(i) The following restrictions will be held in regards to Memorial Day, Fourth of July, Labor Day and New Year’s Eve:
(1) Applications for licenses for Memorial Day activities in regards to this division shall be submitted no later than 21 days prior to the event, with said license expiring one day after the event;
(2) Applications for licenses for the Fourth of July for activities for this division shall be submitted no later than 21 days prior to the event, with the license expiring one day after the event;
(3) Applications for licenses for Labor Day for activities for this division shall be submitted no later than 21 days prior to the event, with the license expiring one day after the event.
(4) Applications for licenses for New Year’s Eve for this division shall be submitted no later than 21 days prior to the event, with the license expiring one day after the event.
(j) The City of Pontiac shall be exempt from this section based upon the fact that it would be used for a public purpose by a public entity.
(Code 1985, § 16-119; Ord. No. 2046, § 1, 6-27-96)
86-295 Penalties.
(a) Any person found guilty of violation of sections 86-292 through 86-294 shall be guilty of a misdemeanor punishable by a fine of a minimum of $250.00, or a maximum of 90 days in jail, or both.
(b) Any person guilty of violation of sections 86-292 through 86-294 and having a prior similar conviction, shall be fined a minimum of $500.00, or a maximum of 90 days in jail or both, and shall be put on probation for a period of two years. Part of the conditions of probation will forbid the violator from selling fireworks during that two-year period of time for which he/she is on probation.
(Ord. No. 2046, § 1, 6-27-96)
DIVISION 4. CONSUMER FIREWORKS
86-296 Prohibition.
No person shall ignite, discharge, or use consumer fireworks in the City of Pontiac except on the day preceding, the day of, or the day after a national holiday; provided, that such ignition, discharge, or use does not occur between the hours of 12:00 midnight and 8:00 a.m. or between the hours of 1:00 a.m. and 8:00 a.m. on New Year’s Day.
Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR Parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2, 3.1.3, or 3.5. “Consumer fireworks” does not include low-impact fireworks.
Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA Standards 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
(Ord. No. 2265, § 1, 7-3-12; Ord. No. 2292, § 1, 6-24-13)
86-297 Penalty.
Violation of any provisions of this division shall be deemed a municipal civil infraction, punishable by a fine of not less than $100.00, or more than $500.00; plus any costs, damages, expenses, and other sanctions. This division is further subject to the repeat offender provision of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this division. As used in this division, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this division shall be as follows:
(a) The fine for any offense, which is a first repeat offense, shall be no less than $300.00, plus costs.
(b) The fine for any offense, which is a second repeat offense or any subsequent repeat offense, shall be $500.00, plus costs.
Further, each day on which any violation of this division continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the City may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this division.
(Ord. No. 2265, § 2, 7-3-12)
86-298—86-315 Reserved.
State law reference—Regulations re firearms and weapons, MCL 750.222 et seq.
State law reference—Fireworks generally, MCL 750.243a et seq.