ARTICLE II.
FIREARMS1

DIVISION 1. GENERALLY

24-21—24-43 Reserved.

DIVISION 2. FIREARMS CONTROL

24-44 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:

Approved range means a range for the shooting of firearms, constructed in such a manner as to prevent the projectile from any weapon so fired on said range from exceeding the physical limits of said range.

Building, structure or edifice means a space within its walls and usually, but not necessarily, covered with a roof.

Firearm means any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

Heavy industrial district means those portions of the township zone for heavy industrial uses under the Port Huron Township Zoning Ordinance section 40-1 et seq.

(Code 1987, § 7-03.02; Ord. No. 249, § 1, 9-20-2021)

24-45 Regulations and restrictions.

(a) Use of handguns or rifles. No person shall, from and after the effective date of the ordinance from which this division is derived, discharge any pistol, revolver or rifle within the township except:

(1)    Authorized officers of law are permitted to discharge their weapons in the performance of their duties;

(2)    A person shall be permitted to discharge any weapon for the protection of his life and property;

(3)    A person may discharge a weapon for target practice purposes, in a safe manner, upon a range which has been approved by the township board, for the specific type of weapon so discharged;

(4)    A licensed hunter may discharge a weapon when lawfully hunting.

(b) Licensed hunters. Only licensed hunters shall be allowed to hunt in the township, but shall comply with the regulations set forth in subsection (c)(1) of this section, and any restrictions imposed by the state of Michigan with regard to areas closed to hunting.

(c) Areas where firearm discharge is prohibited. In addition to those areas within the township which the state of Michigan and other authority has closed to firearm discharge and/or closed to hunting, the discharge of firearms shall also be prohibited in the following areas:

(1)    Near buildings and school property. It shall be unlawful after the effective date of the ordinance from which this division is derived to discharge any firearm:

a.    Not prohibited elsewhere in this division, within an area of 100 yards of any building, structure or edifice, whether occupied or unoccupied;

b.    Permitted elsewhere within 100 yards of any public or private school real property.

(2)    Upon or across public roads. From and after the effective date of the ordinance from which this division is derived, it shall be unlawful to discharge any firearm upon or across any public road or highway, within said township.

(d) Practice ranges.

(1)    Approved by township board. The township board may approve firearms shooting and practice ranges; provided, that the range so approved shall be so constructed as to prevent the discharge from the specified type of firearm exceeding the limits of said approved range.

(2)    Location. No firearms practice ranges may be approved for construction or use within the township except in the heavy industrial district and pursuant to a special use authorization.

(3)    Grounds for withdrawal of approval. Use of any firearm not approved for said practice range shall be grounds for withdrawal of approval of said range.

(e) Minors.

(1)    Except as provided in subsection (e)(2) of this section, an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older.

(2)    Subsection (e)(1) of this section does not apply to an individual less than 18 years of age who possesses a firearm in accordance with part 401 (wildlife conservation) of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.40101 et seq.), or part 435 (hunting and fishing licensing) of Public Act No. 451 of 1994 (MCL 324.43501 et seq.). However, an individual less than 18 years of age may possess a firearm without a hunting license while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle.

(3)    Controlled and prevented from violations. It shall be the responsibility of every parent, guardian or other person having the physical custody or charge of any minor under the age of 18 years, to control said minor and prevent him from violating or attempting to violate any provisions of this division.

(Code 1987, § 7-03.03; Ord. No. 249, § 1, 9-20-2021)

24-46 Violation as nuisance, penalty.

(a) A violation of this division is deemed to be a nuisance pursuant to section 16-50 and shall be abated pursuant to section 16-51.

(b) In addition to constituting a nuisance, a violation of this division shall constitute a municipal civil infraction pursuant to MCL 42.21, and any person or entity violating this division is responsible for a municipal civil infraction and subject to the fines and costs to be levied in accordance with the schedule of municipal civil infraction fines determined by the township board, as amended from time to time, and which shall be posted at the Municipal Ordinance Violations Bureau located at the Port Huron Township Hall, 3800 Lapeer Rd., Port Huron, MI.

(c) A violator of this division shall also be subject to such additional civil fines, costs, damages, expenses or judicial orders as may be authorized under MCL 600.8727.

(d) Each day a violation of this division continues to exist constitutes a separate violation.

(Ord. No. 249, § 2, 9-20-2021)

24-47—24-63 Reserved.

DIVISION 3. HUNTING CONTROL2

24-64 Purpose.

Described areas within the township shall be closed to hunting to provide for the safety of persons and property within the township pursuant to Part 419 of Public Act No. 451 of 1994 (MCL 324.41901 et seq.), being identical to state administrative rules filed in the office of the secretary of state for the same subject.

(Code 1987, § 7-04.01)

24-65. Restricted hunting areas.

Hunting with, or the discharge of, a firearm is unlawful in that portion of the township described as:

(1)    Beginning at a point where Lapeer Road intersects with Beach Road; thence north on Beach Road to the Black River; thence easterly along the Black River to Strawberry Road to Country Club Road; thence east on Country Club Road to the Black River; thence south along the Black River to West Water Road; thence west on West Water Road to Michigan Road; thence south on Michigan Road to Lapeer Road, thence westerly on Lapeer Road to the point of beginning.

(2)    Beginning at the intersection of the Black River and Interstate 94; thence north to West Water Road; thence west on West Water Road to Michigan Road, including Maywood, Eastland and Westland Drives; thence from the intersection of Michigan and West Water roads south on Michigan Road to Lapeer; thence east on Lapeer, including Herber Drive, to Interstate 94; thence northeast on Interstate 94 to the point of beginning.

(Code 1987, § 7-04.03)

24-66—24-88. Reserved.


1

State Law reference—Firearms and weapons, MCL 750.222 et seq.


2

State Law reference—Hunting area control, MCL 324.41902.