• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Changing local ordinances....

B

Bikenut

Guest
imported post

I know OC is bigger than just getting local ordinances changed yet I believe that getting things changed on a local level, working from the ground up so to speak, all over the State would have a great positive impact upon OC in general.

I'm curious since I've not noticed any posts concerning folks getting illegal local ordinances changed before an incident occurs...

Is there more of this type of activity going on by individuals than I'm aware of? I hope so!!!!!

If so then I think it would be advantageous for us to post those efforts so all can see that progress is being made ... sometimes before a confrontation.

Contacting local governments about illegal ordinances has the advantages of....

-Fostering good will with municipalities and other agencies. After all.... a municipality will be more receptive to preventing any legal action against them than they would be to being faced with legal action.

-Bringing to light those counties, townships, villages, and cities, that are reluctant to follow State Law. And is an indication of where more efforts need to be made.

-Putting that municipality on notice of their ordinance's illegal status before an incident occurs makes an attempt to enforce it very shaky legal ground.

-And... perhaps, just perhaps, municipalities will realize they will have to address this with their LE agency and that will reduce, or even eliminate, many hassles for OC'ers.

If you guys think that is a good idea then perhaps a thread similar to the "Post your open carry experiences here" but with the heading of "Post the ordinances you are getting changed in your area here" would eventually lead to all illegal ordinances being changed statewide. And that has got to educate a whole bunch of folks on councils (and others via word of mouth) while encouraging others to give getting involved in this way a try.

So..... what say all of you about that?
 
B

Bikenut

Guest
imported post

autosurgeon wrote:
Over on my side of the state I am working my way through them one by one.

And I am not waiting for problems to deal with them either.
Good... I was beginning to think Yooperlady and I were the only ones who were working in this way.
 

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
imported post

Bikenut wrote:
autosurgeon wrote:
Over on my side of the state I am working my way through them one by one.

And I am not waiting for problems to deal with them either.
Good... I was beginning to think Yooperlady and I were the only ones who were working in this way.
I personally think if everyone would tackle their home town this would get done much quicker!

I know Mastiff has taken care of Battle Creek.
 

MarineSgt

Regular Member
Joined
Mar 31, 2009
Messages
195
Location
Allendale, Michigan, USA
imported post

I contacted Allendale Township (where I live) that their signs and policies about the Township Park were in violation of the State pre-emtion. It took them about a year but they changed the signs and the policies and forms (such as pavilion rental forms) to follow State law. I've also contacted my county (Ottawa) about the rules posted in all County parks in regards to Pre-emption. They are in the process of changing some 30+ signs! All without an incident occurring.

West Michigan is fairly (maybe even extremely) conservative. I'm not really surprised at how easy it was get things changed. Some may not agree with OC but they understand the Law and Freedom. For instance, when picking up my CPL, the desk clerk at Ottawa county who mentioned she lived in Zeeland said that "It's scary that there all these guns going out into the streets." Unfortunately she lives in a fantasy land where the only things bad people hurt are feelings and guns are only used for hunting or scaring people.
 
B

Bikenut

Guest
imported post

stainless1911 wrote:
I think that such a stickied thread would be a valuable resource, so long as the conversations were kept elsewhere.
Well..... the way internet discussions go it is impossible to keep a thread completely on topic anyway. That isn't a bad thing because tangents often bring up new perspectives... although it is a bad thing when a discussion goes so far off the path that it has been derailed.

Anyway..... in hopes that this will encourage others...

Yooperlady and I currently have 7 different ordinances in different townships and villages near us that we are working on. At least 3 have responded favorably ... the others are still in the beginning phase.

But none as yet have resulted in a final changing of the ordinance because they all are really just in varying degrees of going through the legal process required. And that process takes months to complete even if it goes smoothly.

Some only required an email pointing out the ordinances noncompliance with State law to get the ball rolling.. two so far have required personal appearances... and the rest need us to follow up on the as yet unanswered initial email.

What seems to get the most co operation is when it is brought to their attention that lawsuits have not only resulted from illegal ordinances but that those lawsuits resulted in judgments against the municipality. For some odd reason that seems to perk up interest in changing the ordinance.....

Not tooting our own horn but hoping to encourage others..... we are currently working on:

Village of St. Charles
Village of Vassar
Mt. Pleasant city
Thomas Township
Spaulding Township
Albee Township
Bridgeport Township

and we are still checking into the ordinances of other municipalities in our area.

Getting a municipality to change it's illegal ordinance really is only requiring them to play by their own rules.. the rule of law. Yet the message being sent... that everyone, including government and government agencies, must follow the rule of law regardless of the personal opinions of those in charge is ........ priceless.

Please never forget that we are a Nation of Rights, Laws, and Opinions. And for much too long it has been personal opinions that have formed laws that restrict individual rights. It is time to turn that around to where Rights govern the Law regardless of personal opinions.
 

army74

Regular Member
Joined
Mar 17, 2010
Messages
285
Location
Pontiac, Michigan, USA
imported post

Sec. 15-188. - Firearm facsimile.
(a)

Prohibition. No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner or in such a manner as to cause a reasonable person to feel threatened.

(b)

"Facsimile of a firearm" defined. As used in this section, "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a Sec. 16-32. - Firearm, bow-and-arrow and other weapons.[/align]
[align=left]It shall be unlawful for any person other than a duly sworn government law enforcement official in the course of his or her official duty to discharge, possess and/or use a firearm, bow-and-arrow, crossbow, slingshot, pellet gun or air rifle, or other weapons within the boundaries of a community park. This provision shall not prohibit the possession and/or use of any such weapon named above within the boundaries of a community park if authorized for a specified duration as part of a recreational function where the possession and/or use of such weapon or weapons is part of a function which has been expressly authorized by the township board. [/align]
[align=left](Ord. No. C-251, § 2, 12-18-89)[/align]
[align=left]Cross reference—Uniform Traffic Code, § 22-11 et seq. [/align]
Sec. 16-19. - Dangerous or obnoxious materials or equipment.

(a)

No person shall deposit, throw, place or otherwise abandon in or on any lands or water areas within the boundaries of any community park any garbage, sewage, bottles, refuse, trash, waste or other obnoxious material except in receptacles provided for such purposes.

(b)

No person shall have in his possession or control any glass bottle or container in or on any pool area, beach area or baseball diamond in any community park or in any locality in the parks where possession of glass bottles and containers is prohibited by posted notices.

(c)

No person shall have in his possession or control any [highlight= #f0e68c]firearm[/highlight], shotgun, pistol, or other [highlight= #f0e68c]firearm[/highlight], slingshot, bow, arrow, crossbow, pellet gun, air rifle, noxious gas ejecting devices, fireworks, explosives or other dangerous devices or materials within the boundaries of any community park; provided that a law enforcement officer duly appointed by the United States, the state or by a political subdivision thereof may carry a [highlight= #f0e68c]firearm[/highlight] as required for the performance of his official duties, and may have such possession of other dangerous devices and materials referred to herein as is necessary for confiscation or removal.

[align=left](Ord. No. 105-A, § 4, 7-21-86)[/align]
[align=left]here these are from West Bloomfield Michigan[/align]
 

army74

Regular Member
Joined
Mar 17, 2010
Messages
285
Location
Pontiac, Michigan, USA
imported post

Sec. 54-2. Disorderly conduct.

(a)The following acts shall constitute disorderly conduct, and no person shall:

(1)If he is of sufficient ability, refuse or neglect to support his family.

(2)Appear in a state of intoxication in a public place, highway, street, alley or thoroughfare, or in any private house or place, and act in such a manner so as to endanger the safety of another person or of property or act in a manner that causes a public disturbance in these places, or in any private house or place.

(3)Engage in any indecent, insulting, immoral, or obscene conduct in any public place.

(4)Discharge any firearm, air rifle, cross-bow, bow and arrow or other similar weapon or device in any public or private place within the city, or have any such firearm, air rifle, cross-bow, bow and arrow or other similar weapon or device in his possession in any public place of the city unless it is securely wrapped or encased.

(5)Fire, discharge, display, or possess any fireworks except those which are permitted by state law and the provisions of this Code.

(6)Go armed with or have concealed upon his person, a dirk, dagger, sword, [highlight= #f0b48c" id=hitstyle1>pistol, air gun, stiletto, metallic knuckles, pocket billie, sand bag, skull cracker, slingshot, razor or other offensive and dangerous weapon or instrument, unless such person is a police officer or night watchman, and is legitimately employed as such.

(7)Be found looking into the windows or doors of any house, apartment, or other residence in the city, in such a manner as would be likely to interfere with the occupant's reasonable expectation of privacy and without the occupant's express or implied consent.

(8)Swim or bathe in the nude in any public place.

(9)Utter vile, vulgar, or obscene language in any public place.

(10)Engage in fortunetelling or pretend to tell fortunes for hire, gain, reward, or profit.

(11)Make any immoral exhibition or indecent exposure of his or her person.

(12)Publish, sell, offer for sale, give away, exhibit, or possess for such purpose any obscene, indecent, or immoral book, pamphlet, paper, picture, statuary, image, or representation.

(13)Willfully destroy, damage, or in any manner deface any property not his own, or any public school building, or any public building, bridge, fire hydrant, alarm box, street light, street sign, parking meter, or shade tree belonging to the city or located in the public places of the city, or mark or post handbills on, or in any manner mark the walls of, any public building, or fence, tree, or pole within the city, or destroy, take, or meddle with any property belonging to the city or remove such property from the building or place where it may be kept, placed, or stored, without authority from the city manager or other official custodian of such property.

(14)Insult, accost, molest, or otherwise annoy, either by word of mouth, sign, or motion, any person in any public place.

(15)Engage in any disturbance, fight, or quarrel in a public place.

(16)Collect or stand in crowds, or arrange, encourage, or abet the collection of persons in crowds for illegal or mischievous purposes in any public place.

(17)Jostle or roughly crowd persons in any street, alley, park or public building.

(18)Loiter on any street or sidewalk or in any park or public building or conduct himself in any public place so as to obstruct the free and uninterrupted passage of the public.

(19)Permit any child under the age of ten years to remain unattended while such person is present at, or loitering in or about, any dance hall, poolroom, bowling alley, or any place where beer, wine, or spirits are sold and consumed on the premises.

(20)Knowingly attend, frequent, operate, or be an occupant or inmate of any place where prostitution, gambling, the illegal sale of intoxicating liquor, or any other illegal or immoral business or occupation is permitted or conducted.

(21)Solicit or accost any person for the purpose of inducing the commission of any illegal, indecent, immoral, or depraved act.

(22)Knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, or allowed or for the purpose of enabling such person to engage in gambling or in any legal, indecent, immoral, or depraved act.

(23)Keep or maintain in a gaming room, gaming tables, or any policy or pool tickets, used for gaming; or knowingly suffer a gaming room, gaming tables, or any policy or pool tickets to be kept, maintained, played, or sold on any premises occupied or controlled by him.

(24)Disturb the public peace and quiet by loud, boisterous, or vulgar conduct.

(25)Permit or suffer any place occupied or controlled by him to be a resort of noisy, boisterous, or disorderly persons.

(26)Obstruct, resist, hinder, or oppose any member of the police force, or any police officer in the discharge of his duties as such.

(27)Make or excite any disturbance or contention in any tavern, store, grocery, manufacturing establishment, or any other business place, or in any street, lane, alley, highway, public building, grounds, or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled.

(28)Engage in an illegal occupation or business.

(29)Loiter in or about a police station, police headquarters building, county jail, hospital, court building or other public building or place for the purpose of soliciting the employment of legal services or the services of sureties upon criminal recognizances.

(30)Brandish, aim, point, or exhibit to any other person a replica or facsimile of a firearm in such manner as to frighten, threaten, harass, panic or annoy any other person. A "replica or facsimile of a firearm" shall mean any device or object which is an imitation or toy version of any firearm, including but not limited to toy guns, movie or stage props, air guns, starter pistols, inoperative firearms, models, replicas or any other device designed or used to imitate a firearm.

(b)As used in subsection (a) of this section, the term "public place" shall mean any street, alley, park, public building, or any place of business or assembly open to or frequented by the public.

(Code 1971, § 22-3; Ord. No. 04-347, § 1, 12-6-04)
 

jmlefler

Regular Member
Joined
May 19, 2008
Messages
287
Location
Southwest, Michigan, USA
imported post

We've been changing ordinances for years...

Me, personally, Kalamazoo County Parks, Texas Township, Kalamazoo Township - finished off Texas Twp. in Feb of this year, Kazoo Twp and County Parks last year..

Carry on.
 
B

Bikenut

Guest
imported post

I started this thread thinking maybe it would help others take the initiative and start changing ordinances before a problem arose.. and found that many have been doing exactly that for quite some time.

Discovering that many folks have already been changing ordinances before problems arose has strengthened my own resolve to continue my own efforts.

My sincere thanks to you all! :)
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
imported post

Me too.

Have you guys seen the thread about hunting areas? I dont know if this issue or the DNR would fall into this area of preemption and changing ordinces. The law, 123.1102 says, "local units of government", but Im not sure that the DNR fits into this category. Would this then make them immune to preemption?
 
B

Bikenut

Guest
Update..

Bridgeport Township changed it's illegal ordinance on 6-15-10 to comply with State Law...

Now... with the Supreme Court's decision that the 2nd Amendment applies to all the States.... getting local municipalities to change their illegal ordinances should be easier.
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
Update..

Bridgeport Township changed it's illegal ordinance on 6-15-10 to comply with State Law...

Now... with the Supreme Court's decision that the 2nd Amendment applies to all the States.... getting local municipalities to change their illegal ordinances should be easier.

Don't know how much that decision affects any of MI's current law.
 

wrcken2

Regular Member
Joined
May 28, 2008
Messages
23
Location
St. Clair Shores, Michigan, USA
St.Clair Shores

Don't know how much that decision affects any of MI's current law.

St Clair Shores has been covered. All good to go.

This is a copy of the letter that I sent. Feel free to copy and paste.

July 29 2009


Dear Mayor Robert A. Hison, Councilmember’s Mayor Pro-tem Matt Ahearn, Ron Frederick, Beverly A. McFadyen, Mark Moffitt, David J. Rubello, Kip C. Walby

While researching the Code of Ordinances for the City of St. Clair Shores, I came across the Rules and Regulations 20.230 Firearms and dangerous instruments prohibited.

Sec. 67A-20. outlined in brief, below. The ordinance listed in Chapter 20.230, Article A, Section 67A-20 lists multiple restrictions for the possession and transport of Firearms, "in any park or recreation area".
(1) No person except an authorized City employee, park guard, or law enforcement officer, shall bring onto park property or have in his possession on park property any firearm or ammunition, any explosive, dynamite cap, fireworks, airgun, pellet gun, spring gun, slingshot, cross bow, bow and arrow, any device by means of which a projectile can be propelled, any device which can be loaded with blank cartridges, any trapping device, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any acid or caustic substance, or any inflammable liquid except fuel contained in the fuel tank of a motor vehicle, vessel, lantern, camp stove or camp heater, and not more than one gallon of liquid fuel in a closed metal container.


Under the 1990 state preemption law (MCL 123.1102, outlined in brief below), this ordinance is unenforceable in regard to firearm possession and transport. Furthermore, the existence of this ordinance, being in conflict with the law of the State of Michigan, is misleading to the people of St. Clair Shores and other citizens who may visit the City.

As a St. Clair Shores resident, I am requesting this ordinance be amended within 90 days to comply with MCL 123.1102. Failure to amend this ordinance could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the parks of the City of St. Clair Shores. I look forward to your resolution and response when this ordinance is amended.

Thank you,

Karl E. Jr.


Ordinances City of St. Clair Shores, Michigan
20.230 PUBLIC PARKS AND FORESTRY CITY OF ST. CLAIR SHORES, MICHIGAN
Chap. 67 Effective:August 26, 1986
Sec. 67A-20.Firearms and dangerous instruments prohibited

Sec. 67A-20.
(1) No person except an authorized City employee, park guard, or law enforcement officer, shall bring onto park property or have in his possession on park property any firearmsor ammunition, any explosive, dynamite cap, fireworks, airgun, pellet gun, spring gun, slingshot, cross bow, bow and arrow, any device by means of which a projectile can be propelled, any device which can be loaded with blank cartridges, any trapping device, any incendiary bomb or material, any smoke or stink bomb, any tear gas or other disabling chemical or agent, any acid or caustic substance, or any inflammable liquid except fuel contained in the fuel tank of a motor vehicle, vessel, lantern, camp stove or camp heater, and not more than one gallon of liquid fuel in a closed metal container.
(2) No person shall discharge any of the weapons or instruments listed in section (1) into any park from outside a park.
(3) The Director may designate areas within a park where bows and arrows can be used. In such cases, the Director shall promulgate regulations for the safe use of such devices, and no person shall fail to abide by such regulations.
(chap. 67 eff. Aug. 26, 1986)


Michigan Legislature FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990
123.1102 Regulation of pistols or other firearms.
Sec. 2.
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

History: 1990, Act 319, Eff. Mar. 28, 1991
 
B

Bikenut

Guest
Don't know how much that decision affects any of MI's current law.
I agree... I'm not sure how that will end up either but when I said that the Supreme Court's decision should make getting local ordinances changed easier I was thinking that their decision, along with MCL 123.1102's preemption, would engender a more co operative attitude from councils. Perhaps that is just wishful thinking on my part since some councils just aren't happy or co operative even when faced with the preemption law that they must follow.
 
Top