2.87.02 Wayne State University / City Ordinances

Smoking in Elevator

2.87.02.005
 

It shall be unlawful for any person to smoke or to carry lighted tobacco in any form in any elevator in any building, structure or premises in the City.

Driving over Fire Hose

2.87.02.010
 

No operator shall drive any vehicle over any fire hose or fire hose line which may be lying in any public street or alley.

General Authority to Combat Fire and Related Emergencies; Interfering with Fire Hose

2.87.02.015
 

No person shall in any manner molest or interfere with any fire hose or fire hose lines which may be laying in any public street or alley and which are being used in aiding in the extinguishing of fires.

 

Interference with Firemen or Member of Emergency Medical Service; Obedience to Orders, etc., of Firemen

2.87.02.020
 

It shall be unlawful for any person to knowingly and willfully hinder, obstruct or interfere with any member of the fire department in the performance of his duties or to willfully disobey any reasonable order, rule or regulation of the officer commanding any fire department while in the vicinity of any fire or alarm of fire.

2.87.02.025
 

It shall be unlawful for any person to knowingly and willfully hinder, obstruct or interfere with any member of the emergency medical service in the performance of his or her duties.

2.87.02.030 Obstruction, etc., of Fire Hydrants
 

No person shall open any fire hydrant or use any water from the same without first obtaining a permit from the board of fire commissioners. No person shall in any manner obstruct the use of any fire hydrant in the city or have, place or allow to be placed any material or thing in front thereof or connect or tie thereto any object, animal or thing. Any material found as an obstruction, as aforesaid, may be removed by the officers and employees of the board of fire commissioners or the water and sewerage department, at the risk, cost and expense of the owner or claimants.

Throwing Stones, etc., into and Wading in Pools, etc., Prohibited

2.87.02.035
 

No basin, pool, fountain, lake or canal shall be fouled by stone, wood or any other substance, nor bathed in nor waded into, except in wading pools designated for that purpose by the recreation department.

Golfing Activities in Parks or Public Places

2.87.02.040
 

No person shall engage in any golfing activity, such as practice driving or putting upon any park, playfield, playground or other public place. This restriction shall not apply to any designated golf course, driving range, putting green or putting course.

Playing Games in Streets, etc., Prohibited

2.87.02.045
 

No person shall play any game of nine (9) or ten (10) pins, ball, wicket or other games in any street, alley or other public space.

Depositing Litter in Public Places

2.87.02.050
 

No person shall deposit or cause to be deposited any litter on any street, sidewalk, alley, public or private property, except on approved private or public dumps.

Use of Public Containers; Scattering of Wastepaper, etc.

2.87.02.055
 

Public containers are for use of pedestrians only, and shall not be used by vendors or by occupants of adjacent premises. Newspapers, handbills and wastepaper or other litter shall not be scattered or thrown upon public or private property, but shall be deposited in private or public containers.

Interfering with or Obstructing Traffic, etc., Prohibited

2.87.02.060
 

No person shall distribute, circulate, give away or cause to be circulated, distributed or given away on any public highway, street or alley any paper, handbill, card, book, pamphlet, or printed matter soliciting trade, customers or patrons so as to interfere with or impede pedestrians or passers-by or other traffic upon such public highway, street or alley.

2.87.02.065
 

A person who violates this section shall be responsible for a civil infraction and subject to a civil fine of not more than one hundred dollars ($100.00) plus costs as provided for in City Code Section 55-2-31.

Posting of Notices, etc., on Public or Private Property

2.87.02.070
 

It shall be unlawful for any person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, to paste, post, paint, print, nail, glue, attach or otherwise fasten any sign, poster, advertisement or notice of any kind upon any property, public or private, or cause or authorize the same to be done, without the consent, authorization or ratification in writing of the owner, holder, occupant, lessee, agent or trustee thereof, provided, that this section shall not apply to the distribution of handbills, advertisements or other printed matter that are not securely affixed to the premises.

2.87.02.075
 

 It shall be unlawful for any political candidate running for any elected office within the city who has pasted, posted, painted, marked, glued, attached or otherwise fastened any political sign, poster, advertisement or notice upon any public property, or who has caused or authorized any agent so to do, to leave remaining such signs, posters, advertisements, or notices in a displayed condition for more than fifteen (15) days after written notice is given to such candidate of the location of such displays, by the environmental protection and maintenance department. For the purposes of this section, written notice shall be by first class mail sent through the United States Postal Service to the address listed by the candidate as his home address on his registration for candidacy.

2.87.02.080
 

For purposes of this section, a candidate running for any elected office who is named on such signs, posters, advertisements or notices is presumed to have caused or given authority for the erection or placement of such displays, such presumption being rebuttable upon evidence shown by such candidate.

Place, Public Highways, Trees; Definitions

2.87.02.085
 

"Place" shall include any park, parkway, park lot, grass plot, golf course, playground, recreation area, open place or square or other property under the control of the recreation department.

2.87.02.090
 

"Public highways" shall mean all of the land lying between the property lines on either side of the public streets, boulevards and alleys of the city.

2.87.02.095
 

"Trees" shall not be construed to include shrubs which do not grow higher than fifteen (15) feet.

Injury, etc., to Shade and Ornamental Trees

2.87.02.100
 

No person shall destroy, cut, injure or in any deface any shade or ornamental tree standing in any street, avenue, public space or square in the city. This section shall not be construed to prohibit any person owning or occupying any lot in front of or adjacent to which there may be any shade or ornamental trees from trimming of the same.

Noise-Amplifying, etc., Devices

2.87.02.105
 

The operating or maintaining of noise-making, noise-amplifying or noise-producing instruments or devices by which the peace or good order of the neighborhood is disturbed is hereby declared a nuisance. It shall be unlawful for any person, by himself or another to operate or maintain any radio, phonograph, player-piano, calliope or other noise-making, noise-amplifying or noise-producing instrument or device in any public or private place in such manner by which the peace and good order of the neighborhood is disturbed or persons owning or occupying property in the neighborhood are disturbed or annoyed.

2.87.02.110
 

 This provision of the Code shall be posted in all buildings open to the public for sporting events in a prominent place at each exit and/or entrance to the building. At the bottom of the posted ordinance, in bold face lettering not less than one inch in height, the following shall be printed: Horns and other noise-amplifying instruments prohibited.

Persons in Vehicles Disturbing the Peace

2.87.02.115
 

 It shall be unlawful for any person in any vehicle to make a commotion or make unnecessarily loud noises whereby the peace and good order of the neighborhood is disturbed or persons owning or occupying property in the neighborhood are disturbed or annoyed.

2.87.02.120
 

A person who violates this section shall be responsible for a civil infraction and subject to a civil fine of not more than one hundred dollars ($100.00) plus costs as provided for in City Code Section 55-2-31.

Certain Animals Declared Nuisances

2.87.02.125
 

Any stray dog, cat or other animal unclaimed by its owner after being picked up, or any animal running at large in a public place, or any animal which shall bite a person, or any dog which shall in any manner disturb the quiet of any person or neighborhood, may be declared to be a nuisance, and will be subject to abatement by the police department or department of health in accordance with the terms and provisions of this chapter and the rules and regulations of the department of health.

Vicious Animals and Animals Exposed to Rabies

2.87.02.130
 

No person shall own or harbor a vicious dog, cat or other animal, or a dog, cat or other animal that has been bitten by any animal known to have been afflicted with rabies.

Responsibility of Dog Owners

2.87.02.135
 

 It shall be the duty and the responsibility of the owner of any dog to keep the dog on the owner's property. It shall be unlawful for any to be on any street, highway or in any public place unless the owner or a responsible person has the dog on a leash. The owner of a dog shall be in violation of this section, if his dog is found on any street, highway or public place unless the dog is on a leash and under the control of the owner or a responsible person. For the purpose of this article, an owner shall include but not be limited to any person who keeps, maintains or harbors a dog.

Live Birds and Animals Prohibited in Food Serving and Selling Areas

2.87.02.140
 

No live birds or animals shall be permitted in food establishments; except that guide dogs accompanying blind persons may be permitted in serving or selling areas, and that birds or animals be permitted in the same building if such birds or animals are completely contained in enclosures made of glass or other approved material. Such enclosures must be of at least twenty-five (25) feet distance from any part of an establishment where food or drink is manufactured, handled, stored, prepared, served, offered for sale or sold. Persons employed in any food or drink operation shall not care for or handle any such birds or animals. All bird or animal wastes of whatever description shall be well wrapped in paper and stored in covered containers until disposed of.

Fireworks; Definitions

2.87.02.145
 

"Fireworks" shall mean and include any combustible or explosive composition, any substance or combination of substances or any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound or any tables or other device containing any explosive substance.

2.87.02.150
 

 "Retail seller" shall include any person who shall store, offer for sale, expose for sale or sell at retail any fireworks or other pyrotechnics or other explosives of like character for use and display in areas either outside the city or in the city.

2.87.02.155
 

"Wholesale dealer or jobber" shall include any person who shall store, offer for sale, expose for sale or sell at wholesale any fireworks or other pyrotechnics or other explosives of like character for use and display in areas either outside the city or in the city.

Fireworks; Possession, Sale, Use, etc., Within City Prohibited; Exceptions

2.87.02.160
 

Except as otherwise provided in this division, it shall be unlawful for any person to possess, offer for sale, expose for sale, sell at retail, use or explode any fireworks, with the exception that those who are eighteen (18) years of age or older may possess, offer for sale, expose for sale, sell at retail, use or explode:

(a) Flat paper and plastic caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap;

(b) 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 2.85.09.160(a) 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;

(c) Sparklers containing not more than .0125 pounds of burning portion per sparkler;

(d) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter;

(e) Toy snakes not containing mercury, if packaged in cardboard boxes with not more than twelve (12) pieces per box for retail sale and the manufacturer's name and quantity contained in each box are printed thereon.

(f) Cone fountains and cylinder fountains containing not more than two (2) grains of pyrotechnic composition, labeled to indicate the maximum explosive content.

(g) Smoke devices consisting of chemical compounds designed to emit smoke which cannot be hand-held, rather shall be ground-mounted or made to be attached to an inanimate object by a physical mounting device.

(h) Signal flares of a type approved by the director of state police, blank cartridges or blank cartridge pistols specifically for a show or theatre, for the training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all items in Section 243A(2) of Act 36 of the 1976 Public Acts of the State of Michigan (MCL 750.243a(2), MSA 28.440(1)(2)) used by railroads, trucks or vehicles for emergency signal purposes.

2.87.02.165
 

The fire marshall shall have the power to adopt reasonable rules and regulations for the granting of retail and wholesale dealer or jobber licenses for the sale of fireworks permitted under this section, and for the granting of permits for using fireworks manufactured for outdoor pest control and agricultural purposes and for supervised public display of fireworks by the city, fair associations, amusement parks and other organizations. Every such display shall be handled by a competent operator approved by the chief of police and the fire marshal for the city, and shall be of such character and so located, discharged, or fired as, in the opinion of the fire marshal, after proper inspection, shall not be hazardous to property or endanger any person.

Begging

2.87.02.170
 

Any person who, within the city, wanders about and begs in the streets, or from house to house, or sits, stands or takes a position in any place and begs from passers-by, either by words, the exhibiting of a sign or by gestures, shall be guilty of a misdemeanor.

Spitting in Public

2.87.02.175
 

Spitting upon floors of public buildings or buildings used for public assemblages upon the floors or platforms or any part of any railway, boat or other public conveyance or upon any public sidewalk is prohibited. Expectoration may be made into gutters or receptables prepared for same.

Bringing Alcoholic Beverages onto Licensed Premises

2.87.02.180
 

It shall be unlawful for any person to bring any alcoholic beverages upon the premises of a licensee or upon the designated location of a special licensee who is licensed to sell alcoholic beverages under the laws of the United States and the State of Michigan.

Impersonation of City Employees

2.87.02.185
 

It shall be unlawful for any person to falsely assume or pretend to be a police officer, a fireman, an inspector of the department of buildings and safety engineering, a health officer, health inspector or public health nurse of the department of health, the sealer of weights and measures or his assistants, an assessor or his agent or employee, an inspector or meter reader for the board of water commissioners, or any other person employed by the city or by any other governmental agency for the protection of the peace, health and safety of the city or to take upon himself to act as such or to require any person to aid and assist him in any manner pertaining to the duties of persons employed by the city for the protection of the peace, health and safety of the city.

False Reports to Police

2.87.02.190
 

It shall be unlawful for any person to report or cause to be reported any felony or misdemeanor or give any information relating to any such felony or misdemeanor to the police department or to any member of the police department by telephone, in writing or by any other means of communication, knowing that no such felony or misdemeanor has in fact been committed.

2.87.02.195
 

It shall be unlawful for any person to give any information or report to the police department or to any member of the department relating to any felony or misdemeanor, which information or report is false and which information or report such person knows to be false.

Annoying Persons

2.87.02.200
 

No person shall use indecent or immoral language, nor shall any person improperly, lewdly, wantonly or wrongfully accost, ogle, insult, annoy, lay hands on or, by gesture, movement of body or otherwise, wrongfully molest any person in any public street, lane, alley, square, park, public vehicle or space in the city.

Harassment Relating to Communications Services

2.87.02.205
 

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 other person, or to disturb the peace and quiet of any other person by any of the following:

(a) Threatening physical harm or damage to any person or property in the course of a telephone conversation;

(b) 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;

(c) 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 services;

(d) Using any vulgar, indecent, obscene or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation.

Trespassing in Vacant Building

2.87.02.210
 

It shall be unlawful for any person, except an officer, employee or contractual agent of a governmental agency in the performance of a public duty, to enter a vacant building or the property it is on without the express written authorization of the property owner, lessee, agent or trustee thereof.

Removal of Bricks, Piping, etc., from Vacant Building

2.87.02.215
 

It shall be unlawful for any person, except an officer, employee, or contractual agent of a governmental agency in the performance of a public duty, to remove bricks, piping, plumbing, lighting or heating fixtures or appliances, iron, brass, copper, tin, zinc, aluminum or other scrap metal materials or other appurtenances from any vacant structure in the city without the express written authorization of the property owner, lessee, agent or trustee thereof.

Malicious Mischief

2.87.02.220
 

No person shall destroy, injure or in any manner deface any real or personal property, whether public or private, where the damage resulting is one hundred dollars ($100.00) or less.

Possession of Burglar's Tools

2.87.02.225
 

Any person who shall knowingly have in his possession or control any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe, motor vehicle, motor vehicle trunk or glove compartment, or other depository, or for starting the engine of a motor vehicle or driving away a motor vehicle without the regular key, in order to steal any money or other property, knowing the same to be adapted and designed for one or more of the purposes aforesaid, with intent to use or employ the same for one or more of the purposes aforesaid, shall be guilty of a misdemeanor.

2.87.02.230
 

For the purposes of this section, if it is established that any person had in his or her possession or control a vehicle repair tool commonly referred to as a knocker set, a slammer, or a puller, consisting of a shaft with a screw attached thereto and a weighted sleeve that slides on such shaft, outside the curtilage of his own domicile and outside the curtilage of a garage or repair shop where he was employed, it shall be presumed that such person intended to use such vehicle repair tool for the purpose of driving away a motor vehicle. Such presumption may be rebutted by proof that such vehicle repair tool was in transit from one place to another and was essential for the possessor's employment, or that the possession was intended for a lawful purpose.

Disorderly Conduct

2.87.02.235
 

Any person who shall make or assist in making any noise, disturbance, or improper diversion, or any rout or riot, by which the peace and good order of the neighborhood is disturbed, or any person who shall consume alcoholic beverages on any street or sidewalk, or who shall engage in any indecent or obscene conduct in any public place, or who shall engage in an illegal occupation, or who shall loiter in a place of illegal occupation, shall be guilty of a misdemeanor.

Disturbance of Religious Worship or Public Meetings

2.87.02.240
 

No person shall, by talking, laughing or otherwise, interrupt the service of any place of religious worship or any public meeting.

Throwing of Bottles, Cans, etc., During Athletic Contests, etc., Prohibited

2.87.02.245
 

It shall be unlawful for any person to cast, throw, hurl or fling any bottle, can, receptacle, or any other object which could cause injury or damage in the spectator area where any athletic contest or exhibition is conducted or into or upon the area used for the conduct of such contests or exhibition while the same is in progress and during intermissions and delays of such contest or exhibition.

Indecent Exposure

2.87.02.250
 

No person shall make any indecent exposure of his or her person in any of the streets, alleys, parks, boulevards or other public property or schools in the city, or in any dance hall, theatre, amusement park, liquor establishment, store or other private property generally frequented by the public for purposes of education, recreation, amusement, entertainment, sport or shopping.

Use of Restrooms by Persons of Sex Designated for Admittance

2.87.02.255
 

It shall be unlawful for any person to go into a public restroom unless that person is of the sex designated for admittance therein, provided, that this section shall not apply to personnel employed for the express purpose of maintenance or cleaning.

"Firearm"; Definition

2.87.02.260
 

The word "firearm", as used in this division, shall be construed to include any shotgun, rifle, pistol or other device of a similar character.

Discharge of Firearms

2.87.02.265
 

No person shall discharge a firearm in the city, except for police officers in the discharge of their duties, persons acting in self-defense and licensed shooting galleries or ranges.

Drawing, Handling, etc., of Guns in Public

2.87.02.270
 

No person, except a peace officer in the discharge of his duty or a citizen in self-defense shall draw, handle or flourish a revolver, pistol or other gun in any public street, avenue, alley, public park or other public space.

Carrying of Pistols by Minors Under Sixteen Years of Age Prohibited

2.87.02.275
 

No person under the age of sixteen (16) years shall bear or have upon his person any revolver or pistol, while in or upon any public street, avenue, alley, park or other public place.

Fine and Imprisonment for Violation of Firearms Ordinances

2.87.02.280
 

Upon conviction for a violation of any section of this article where a firearm or pistol is involved, the violator shall be sentenced to a minimum fine of four hundred dollars ($400.00), and if such firearm or pistol is loaded at the time of the violation, he shall be sentenced to a term of imprisonment in the Detroit House of Correction.

Air Guns; Definitions

2.87.02.285
 

"Air gun" shall mean any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, or by the action of a spring or elastic, but such term does not include a firearm.

2.87.02.290
 

"Dealer" shall mean any person engaged in the business of selling at retail or retiring any air gun.

Possession of Air Guns by Minors

2.87.02.295
 

Notwithstanding any inconsistent provisions of this Code or other city ordinance, it shall be lawful for any person under eighteen (18) years of age to have in his possession any air gun if it is:

(a) Kept within his domicile;

(b) Used by the person under eighteen (18) years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range, to possess, load and fire at such rifle range under the supervision, guidance and instruction of a responsible adult;

(c) Used in or on any private grounds or residence under circumstances when such air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.

Carrying of Air Guns by Minors in Public

2.87.02.300
 

It shall be unlawful for any person under eighteen (18) years of age to carry any air gun on the streets, alleys, public roads or public lands within the city unless accompanied by an adult; provided, that such person under eighteen (18) years of age may carry such air gun, unloaded, in a suitable case or securely wrapped.

Discharge of Air Guns

2.87.02.305
 

It shall be unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land or any public place, except on a properly constructed target range.

Knives and Darts; Definitions

2.87.02.310
 

"Cane sword" shall mean a cane or swagger stick having concealed within it a blade that may be used as a sword or stiletto.

2.87.02.315
 

"Dart" shall mean a pointed weapon or stick, thrown by hand.

2.87.02.320
 

"Switch-blade" or "self-opening knife" shall mean a knife containing a blade or blades which can be opened by depressing a button, pressure on the handle, release of a spring or other mechanical contrivance.

2.87.02.325
 

"Umbrella sword" shall mean an umbrella having concealed within it a blade that may be used as a sword or stiletto.

Sale, Possession, etc., of Switch-Blades, etc.

2.87.02.330
 

It shall be unlawful for any person to sell, offer for sale, keep, possess, use or loan any cane sword, umbrella sword, switch-blade or self-opening knife; provided that the prohibition of this section shall not apply to any one-armed person in possession of a switch-blade or self-opening knife in connection with his living requirements.

Sale, etc., of Darts or Knives to Minors

2.87.02.335
 

It shall be unlawful for any person to sell, offer for sale, give away or loan to any minor any dart or knife.

Possession in Public, etc., of Knives Having Three-Inch or Longer Blade Prohibited; Exception

2.87.02.340
 

It shall be unlawful for any person to be in possession of a knife with a blade more than three (3) inches in length in any of the streets, alleys, parks, boulevards or other public property or schools in the city, or in any dance hall, theatre, amusement park, liquor establishment, store or other private property generally frequented by the public for purposes of education, recreation, amusement, entertainment, sport or shopping. This section shall not apply to any person in possession of any such knife 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 knife is actively engaged therein or actively engaged in going to or returning from such honest work, trade, business, sport or recreation.

Possession in Public, etc., of Knives, Darts, etc., by Minors Prohibited; Exception

2.87.02.345
 

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, in any of the streets, alleys, parks, boulevards or other public property or schools in the city or in any dance hall, theatre, 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 that this section shall not apply to any such person under eighteen (18) years of age being in possession of any such knife when it is used or carried in good faith as a tool of honest work, trade, business, sport or recreation or when used or carried in good faith as equipment related to and required for any legitimate sport, recreation or youth character building program (boy scouts, girl scouts, etc.), 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.

Forfeiture for Violation of Ordinances on Knives, Darts, etc.

2.87.02.350
 

Any cane sword, umbrella sword, switch-blade or self-opening knife, dart or knife possessed contrary to the provisions of this Code or state or federal law is hereby declared contraband and forfeited to the chief of police to be disposed of in a manner to be determined by the chief of police.

Firearms; Defined

2.87.02.355
 

For the purposes of this division, the word "firearm," except as otherwise specifically defined in this Code, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.

Transportation of Firearms in Vehicles; Carrying in Public

2.87.02.360
 

It shall be unlawful for any person to transport or to have in possession in or upon any vehicle a firearm unless the same is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle. It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.

Exemptions to Firearms Ordinances

2.87.02.365
 

Police officers, peace officers and persons in the military service, in pursuit of official duty, and persons duly authorized by federal or state law to carry firearms, are exempt from the provisions of this division.

Minors Carrying Firearms; Sales to Minors

2.87.02.370
 

It shall be unlawful for any person under eighteen (18) years of age to purchase, carry or transport a firearm on any public street or in any public place. It shall be unlawful for any person to sell a firearm to any person under eighteen (18) years of age.

Forfeiture and Disposal of Pistols Declared Contraband

2.87.02.375
 

All pistols carried or possessed contrary to the provisions of this Code or state or federal law are hereby declared contraband and are forfeited to the chief of police to be disposed of in accordance with state law.

Controlled Substances Generally; Definition

2.87.02.380
 

As used in this article, "controlled substances" are any substances defined under part 72 of Public Act No. 368 of 1978, as amended (MCL 333.7201 - 333.7231).

Possession, Sale, etc., of Controlled Substances Prohibited Generally

2.87.02.385
 

It shall be unlawful for any person to possess, sell, offer for sale, distribute, administer, dispense, prescribe or give away any controlled substance for which the unlawful possession, sale, offer for sale, distributing, administering, dispensing, prescribing or giving away is punishable by imprisonment for no more than one year under any of the provisions of Public Act No. 368 of 1978, as amended (MCL 333.7201 - 333.7231), provided that nothing contained in this article shall be deemed to prohibit the possession, sale, offer for sale, distributing, administering, dispensing, or prescribing of any controlled substance or their derivatives mentioned in this article in the manner and under such circumstances provided in this article.

Hypodermic Syringes, Needles, etc.; Possession Prohibited; Exceptions

2.87.02.390
 

No person shall at any time have or possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of injection or intracutaneous injection or any other manner or method of introduction and which is possessed for that purpose, unless such possession is authorized by the certificate of a licensed medical doctor or osteopathic physician issued within the period of one year; provided that 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 and embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.

Sale, etc., of Hypodermic Syringes, Needles, etc., Prohibited

2.87.02.395
 

It shall be unlawful for any person not licensed by the state to sell, furnish, supply or give away any hypodermic syringe or needle or other instrument or implement adapted for the use of controlled substances by subcutaneous injection or intracutaneous injection or any other manner or method of introduction to any person not in possession of a prescription prescribing the substance of a licensed medical doctor or osteopathic physician issued within the period of one year.

Presence of Minors in Theatres, Bowling Alleys and Other Places of Amusement

2.87.02.400
 

It shall be unlawful for a minor to be in a theatre, moving picture show, bowling room or other place of amusement.

(a) If such minor is under twelve (12) years of age, between the hours of 7:00 p.m. and 6:00 a.m.;

(b) If such minor is twelve (12) years of age and under eighteen (18) years of age, between the hours of 9:30 p.m. and 6:00 a.m., except Fridays and Saturdays, when the time for minors sixteen (16) and seventeen (17) years of age shall be between 10:30 p.m. and 6:00 a.m.

Presence of Minors in Restaurants, Theatres, Bowling Alleys, etc., during School Hours

2.87.02.405
 

It shall be unlawful for any child under sixteen (16) years of age or enrolled in a day school program other than a college or university to remain in any restaurant, lunchroom, candy store, confectionery, bowling room, ice cream parlor, in any theatre or other public place of entertainment or any other public place unless it is part of an organized school program during the school hours of such child.

Exceptions to Ordinances on Presence of Minors in Public Places

2.87.02.410
 

The provisions of this article do not apply to:

(a) A minor accompanied by his or her parent, legal guardian or other adult person having the care or custody of the minor; or

(b) A minor going to or returning from work; provided that the minor's hours of employment do not violate state law; provided further, that the minor possesses a signed statement issued by his or her employer within the previous ninety (90) days setting forth the minor's hours of employment; and provided further, that such minor shall be exempt from the requirements of this article for not more than one hour before the minor's work day begins and for no more than one hour after the minor's work day ends.

Street Trades; Definition

2.87.02.415
 

For the purpose of this article, the words "street trade" shall mean the business, occupation, undertaking or pursuit of:

(a) Peddling; 

(b) Bootblacking;

(c) Delivering goods, wares, merchandise, telegraphs, newspapers, magazines, periodicals, advertising matter or any other printed or written material;

(d) Distributing, selling or offering for sale, goods, wares, merchandise, newspapers, magazines, periodicals, advertising matter or any other printed or written material;

(e) Soliciting subscriptions for newspapers, magazines or periodicals;

(f) Offering services for hire or gain;

(g) Soliciting funds or anything of value for any purpose when conducted in any street, alley, park, square or other public place or in the lobby or entrance of any building frequented by the public or conducted by house to house canvassing; provided, that where a solicitation for any one of the aforesaid purposes requires entry into a residential building to pick up salvage material or other merchandise, such solicitation shall be made only between the hours of sunrise and sunset, and that at least two (2) persons representing the soliciting organization shall enter together in the building solicited; provided, that where the person in charge of such building will permit only one  person to enter, entry of such building by only one person will be sufficient.

Street Trades; Minimum Age of Participants

2.87.02.420
 

No minor under twelve (12) years of age shall engage in any street trade.

Participation of Minors in Street Trades During School Hours

2.87.02.425
 

No minor under seventeen (17) years of age shall engage in any street trade during school hours, unless legally excused from school, as now or hereafter provided by law. No minor under the age of seventeen (17) shall engage in any street trade between the hours of 8:00 p.m. and 5:00 a.m., provided, that any minor over the age of fourteen (14) may sell or deliver periodicals, newspapers, or magazines until 10:00 p.m. No minor under the age of seventeen (17) years shall engage in any street trade for a combined school and work period of more than eight (8) hours in any one day.

Hiring or Employing Minors in Violation of Article Prohibited

2.87.02.430
 

It shall be unlawful for any person to hire or employ or permit to be hired or employed or permit to work in any street trade any minor contrary to the terms of this article. No person shall give, sell, deliver or consign any goods, wares, or merchandise, including newspapers, magazines, periodicals, advertising matter or any printed or written materials to any minor for the purpose of selling, distributing or delivering the same in any street trade in violation of the terms of this article. It shall be unlawful for any parent, guardian or custodian to permit, allow or induce any minor to engage in any street trade contrary to the provisions of this article.

Solicitation of Funds, etc., by Minors; Prohibited

2.87.02.435
 

No minor under twelve (12) years of age shall solicit funds or anything of value for any purpose in any street, alley, park, square or other public place or in the lobby or entrance of any building frequented by the public or conducted by house to house canvassing. It shall be unlawful for any persons to hire, employ, permit or induce such minors to solicit funds or anything of value at the places aforesaid or cause the same to be done, in violation of this section.

Alcoholic Beverages; Furnishing to Minors

2.87.02.440
 

Alcoholic liquor shall not be sold or furnished to a person unless the person has attained twenty-one (21) years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than twenty-one (21) years of age, or who fails to make diligent inquiry as to whether the person is less than twenty-one (21) years of age, is guilty of a misdemeanor. A suitable sign which describes this section and the penalties for violating this section shall be posted in a conspicuous place in each room where alcoholic liquors are sold. The signs shall be approved and furnished by the state liquor control commission.

2.87.02.445
 

 In an action for the violation of this section, proof that the defendant or the defendant's agent or employee demanded and was shown, before furnishing alcoholic liquor to a person under twenty-one (21) years of age, a motor vehicle operator's license or a registration certificate issued by the federal selective service or other bona fide documentary evidence of the age and identity of that person shall be a defense to an action under this section.

Transporting of Alcoholic Beverages by Minors

2.87.02.450
 

A person less than twenty-one (21) years of age shall not knowingly transport or possess, in a motor vehicle, alcoholic liquor unless the person is employed by a licensee under the state liquor control act, the liquor control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment; a person who violates this subsection is guilty of a misdemeanor.

2.87.02.455
 

Within thirty (30) days after the conviction of the person for the violation of subsection 2.85.09.450, which conviction has become final, complaint may be made by the arresting officer or of the officer's superior before the court from which the warrant was issued, which complaint shall be under oath and shall contain a description of the motor vehicle in which alcoholic liquor was possessed or transported by the person less than twenty-one (21) years of age in committing the offense and praying that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint the court shall issue an order to the owner of the motor vehicle to show cause why the motor vehicle shall not be impounded. The order to show cause shall have a date and time fixed in the order for a hearing, which date shall not be less than ten (10) days after the issuance of the order and shall be served by delivering a true copy to the owner not less than three (3) full days before the date of the hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the Secretary of State as provided in Section 403 of Act No. 300 of the Public Acts of 1949, as amended (MCL 257.403, MSA 9.2103).

2.87.02.460
 

If the court determines upon the hearing of the order to show cause from competent and relevant evidence, that at the time of the commission of the offense the motor vehicle was being driven by the person less than twenty-one (21) years of age with the express or implied consent or knowledge of the owner, and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner's employment or the actual operation of the owner's business, the court shall authorize the impounding of the vehicle for a period to be determined by the court of not less than fifteen (15) days nor more than thirty (30) days. The court's order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. Appeal shall lie from the order to the circuit court of the county and the provisions governing the taking of appeals from judgments for damages shall be applicable to the appeal. This section shall not prevent a bona fide lienholder from exercising rights under a lien.

2.87.02.465
 

A person who knowingly transfers title to a motor vehicle for the purpose of avoiding this section is guilty of a misdemeanor.

Purchase or Consumption of Alcoholic Beverages by Minors

2.87.02.470
 

A person less than twenty-one (21) years of age shall not purchase alcoholic liquor, consume alcoholic liquor in a licensed premises, or possess alcoholic liquor, except as provided in Section 2.87.02.450. A person less than twenty-one (21) years of age who violates this subsection is liable for the following civil fines:

(a) For the first violation a fine of not more than twenty-five dollars ($25.00);

(b) For a second violation a fine of not more than fifty dollars ($50.00), or participation in substance abuse prevention services as defined in Section 6107 of Act No. 368 of the Public Acts of 1978, as amended (MCL 333.6107, MSA 14.15(6107) and designated by the administrator of substance abuse services, or both;

(c) For a third or subsequent violation a fine of not more than one hundred dollars ($100.00), or participation in substance abuse prevention services as defined in Section 6107 of Act No. 368 of the Public Acts of 1978, as amended (MCL 333.6107, MSA 14.15(6107) and designated by the administrator of substance abuser services, or both.

2.87.02.475
 

Fifty (50) percent of the fines collected under Section 2.85.09.470 shall be deposited with the state treasurer for deposit in the general fund to the credit of the department of public health for substance abuse treatment and rehabilitation services.

2.87.02.480
 

A person who furnishes fraudulent identification to a person less than twenty-one (21) years of age, or a person less than twenty-one (21) years of age who uses a fraudulent identification to purchase alcoholic liquor is guilty of a misdemeanor.

2.87.02.485
 

This section shall not be construed to prohibit a person less than twenty-one (21) years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the state liquor control commission, if the alcoholic liquor is not possessed for his or her personal consumption.

2.87.02.490
 

This section shall not be construed to limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this article.

2.87.02.495
 

The consumption of alcoholic beverages by a person under twenty-one (21) years of age who is enrolled in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member shall not be prohibited by this article if the purpose is solely educational and a necessary ingredient of the course.

Appearance Tickets Re Ordinances on Alcoholic Beverages

2.87.02.500
 

A police officer who witnesses a person violating Section 2.87.02.470, for which a civil fine is prescribed, may stop and detain the person for the purpose of obtaining satisfactory identification, seizing illegally possessed alcoholic beverages, and issuing an appearance ticket.

2.87.02.505
 

As used in this section "appearance ticket" means a complaint or written notice issued and subscribed by a law enforcement officer or inspector of the commission, directing a designated person to appear in a designated district or municipal court or court of common pleas at a designated time in connection with the alleged violation for which a civil fine is prescribed. The appearance ticket shall consist of the following parts:

(a) The original which shall be a complaint or notice to appear by the officer and filed with the court;

(b) The first copy which shall be the abstract of court record;

(c) The second copy which shall be delivered to the alleged violator;

(d) The third copy which shall be retained by the law enforcement agency.

2.87.02.510
 

A judge may accept an admission of the allegations of an appearance ticket defendant and the judge shall then direct the civil sanctions imposed by Section 2.87.02.475. If the defendant denies the allegations of the appearance ticket the judge shall set a date for trial. If a person fails to appear on the date specified on the appearance ticket the judge shall enter a default judgment against the defendant.

Spray Paint; Defined

2.87.02.515
 

"Spray Paint," for the purposes of this article, means any adherent, pigmented substance dispersed in particles, by means of an atomizer or other simple mechanical instrument or applicator.

Possession of Spray Paint by Minors

2.87.02.520
 

No person under eighteen (18) years of age shall possess, buy, transfer possession, or receive possession of spray paint.

Aiding and Abetting Violations re Spray Paint

2.87.02.525
 

It shall be unlawful for any person to assist, aid, abet or encourage any person under eighteen (18) years of age to violate Section 2.87.02.520.

Street and Stationary Vendors Generally; Definitions

2.87.02.530
 

"Central business district" shall mean the area bounded by the Fisher Freeway, the Walter P. Chrysler Freeway, Schweitzer Place, the extension of Schweizer Place to the Detroit River, the Detroit River, Third Avenue, and the John C. Lodge Freeway.

2.87.02.535
 

"Cultural center area" shall mean the area bounded by the Edsel Ford Freeway, Brush Street, Forest Avenue, and the John C. Lodge Freeway.

2.87.02.540
 

"Foot vendor" shall mean any huckster, peddler, or any person who sells or peddles on the sidewalks of the city, food or other products which he or she carries on his or her person.

2.87.02.545
 

"Helper" shall mean one who aids and assists a street vendor in sales from a vehicle.

2.87.02.550
 

"Potentially hazardous food" shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.

2.87.02.555
 

"Sidewalk" shall mean that portion of any dedicated public right-of-way throughout the city reserved primarily for pedestrian traffic including public berms adjoining. The term "sidewalk" does not include walkways located in parks or other publicly owned properties which are not dedicated public rights-of-way.

2.87.02.560
 

"Snack foods" shall mean prepared, prepackaged edibles.

2.87.02.565
 

"Stationary vendor" shall mean any huckster, peddler, or any person who sells or peddles on the sidewalks of the city, food or other products which he or she sells from a cart or removable stand.

2.87.02.570
 

"Street" shall mean that portion of any dedicated public right-of-way throughout the city reserved for vehicular traffic.

2.87.02.575
 

"Street vendor" shall mean any huckster, peddler, or person who sells or peddles from vehicles on the streets of the city, food or other products.

Interference with Traffic, etc.; Operation in Certain Districts; Helpers Generally

2.87.02.580
 

Vendors while conducting business on any street, sidewalk, or public right-of-way in the city shall operate at all times in such a manner so as not to interfere with pedestrian or vehicular traffic. It shall be unlawful for any vendor to be in or on any public building or to locate in such a manner so as to interfere with display windows.

2.87.02.585
 

It shall be unlawful for any vendor, except those licensed as industrial caterers under Article III of Chapter 21, to engage in the sale of his products or solicit any patronage within one hundred (100) feet of the doorway or any place of business selling the same commodity.

2.87.02.590
 

Throughout the city only foot vendors and street vendors shall be permitted, except in the cultural center area and central business district area where only stationary vendors shall be permitted as provided in WSUCA 2.85.12, unless variations from the provisions of this section are specifically permitted and approved by resolution of the city council.

2.87.02.595
 

Street vendors, except those licensed as industrial caterers, shall keep their vehicles in motion at all times, other than while making sales. Likewise, foot vendors shall be walking about at all times, other than while making sales.

2.87.02.600
 

No more than three (3) persons shall sell or operate on or in connection with any street vendor's vehicle. The owner or person in charge of such vehicle shall have a street vendor's license covering such vehicle and the one or two (2) persons, if there are one or two (2), shall have the same kind of licenses or a helper's license. Vendors and helpers shall be subject to all the rules of the consumer affairs department and the department of health and any person with a helper's license shall be assisting and helping at the same vehicle as the person holding the street vendor license.

Foot and Street Vendors

2.87.02.605
 

Throughout the city only foot vendors and street vendors shall be permitted, except in the cultural center area and central business district area where only stationary vendors shall be permitted as provided in WSUCA 2.85.12, unless variations from the provisions of this section are specifically permitted and approved by resolution of the city council.

2.87.02.610
 

Street vendors shall keep their vehicles in motion at all times other than while making sales. Likewise, foot vendors shall be walking about at all times other than while making sales.

2.87.02.615
 

No more than three (3) persons shall sell or operate on or in connection with any street vendor's vehicle. The owner or person in charge of such vehicle shall have a street vendor's license covering such vehicle and the one or two (2) persons, if there are one or two (2), shall have the same kind of licenses or a helper's license. Vendors and helpers shall be subject to all the rules of the consumer affairs department and the department of health and any person with a helper's license shall be assisting and helping at the same vehicle as the person holding the street vendor license.

Sales to Persons Standing, etc., in Roadway; Sales from Median Strips, etc.

2.87.02.640
 

It shall be unlawful for any vendor to make any sale or delivery to any person while such person is standing in the roadway.

2.87.02.645
 

It shall be unlawful for any vendor to make any sale, offer for sale or delivery to any driver or passenger in a motor vehicle while the motor vehicle is stopped at a red light or while the vehicle is in a moving traffic lane. A moving traffic lane is defined as a traffic lane in which stopping, standing or parking is prohibited at the time of sale.

2.87.02.650
 

 It shall be unlawful for any vendor to stand, solicit or display his wares on any freeway service road or center median strip of any boulevarded street.

Disposal of Litter by Street Vendors

2.87.02.655
 

Each vendor or his vehicle, cart or removable stand must be equipped with a receptacle for disposing of the wrappers, papers, envelopes or other waste connected with the vending operation. It is hereby made the duty of the vendor to pick up such wrappers, papers, envelopes or other waste after the sale or delivery of his products; in addition, in the case of a stationary vendor, it is hereby made the duty of the stationary vendor to pick up all litter within fifteen (15) feet of his cart or removable stand.

Use of Noisemaking Devices by Street Vendors

2.87.02.660
 

It shall be unlawful for any street vendor to use any noisemaking or noise-amplifying device to attract the attention of prospective patrons when such device is audible more than three hundred (300) feet from its source; no such device shall be operated when the vehicle to which it is attached is standing, nor shall it be operated at any time between the hours of 10:00 p.m. and 10:00 a.m.

2.87.02.665
 

Foot vendors and stationary vendors shall use no noisemaking or noise-amplifying devices whatsoever.

Obstruction and Impeding of Vehicular or Pedestrian Traffic by Vendors Prohibited

2.87.02.670
 

It shall be unlawful for any vendor of goods, wares or merchandise or any person engaged in soliciting patronage of any kind or nature, to station himself or any of his agents, servants and employees in such manner whereby vehicular or pedestrian traffic is obstructed or impeded in any manner or whereby potential customers or patrons or pedestrians are induced to stand or loiter on the sidewalk, street, or any other city-owned or city-controlled property so as to cause the obstruction or impediment of vehicular or pedestrian traffic.

Legistative History

Adopted(1,2) 7-0; Official Proceedings 30:4156 (18 July 1986) Amended(3) 7-0; Official Proceedings 36:4784 (14 February 1992)