(a) It shall be unlawful for any person to knowingly:
(1) Be present as an exhibition spectator at a dangerous driving exhibition conducted on a public street, highway, or private property open to the general public without the consent of the owner, operator or agent thereof;
(2) Be present as a exhibition spectator where preparations are being made for a dangerous driving exhibition;
(3) Act as an exhibition organizer of a dangerous driving exhibition; or
(4) Participate in the preparation of a dangerous driving exhibition.
(b) A person is considered to be present at a dangerous driving exhibition if that person is within 200 feet of any portion of the location of the event, or within 200 feet of any portion of the location where preparations are being made for the event.
(c) For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) Donuts means a driving technique where a driver maneuvers a vehicle to create circles or figure eights by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around.
(2) Drag racing means, as likewise defined by the Michigan Vehicle Code Act being MCL 257.626a, the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempts to out-distance each other over a common selected course or where timing is involved or where timing devices are used in competitive accelerations of speeds by participating vehicles.
(3) Drifting means a driving technique where a driver uses the throttle, brakes, clutch, gear shifting, and steering input to keep a vehicle in a state of oversteer while maneuvering from turn to turn.
(4) Preparation for a dangerous driving exhibition means any actions that are taken by a group of motor vehicles or persons arriving at a location for the purpose of knowingly participating in or being a spectator at a dangerous driving exhibition, which includes but is not limited to, lining one or both sides of the public street or highway, gathering on private property open to the general public without the consent of the owner, operator, or agent thereof, driving in an unauthorized vehicle caravan, impeding the free public use of the public street or highway by actions, words, or physical barriers, revving or spinning the tires of a motor vehicle, or stationing at or near one or more motor vehicles for purposes of starting the driving prowess exhibition.
(5) Dangerous driving exhibition means an event in which a motor vehicle is involved in drag racing or another form of driving prowess, which includes but is not limited to, drifting, sliding, and donuts, and that is recklessly dangerous, and threatens the health and safety of the public; interferes with pedestrian and vehicular traffic; creates a public nuisance; or interferes with the right of private businesses or residents to enjoy the use of their property.
(6) Exhibition organizer means any person who knowingly takes part in the planning, organization, coordination, facilitation, advertisement or sharing of the location for the dangerous driving exhibition, or who collects money in connection with a dangerous driving exhibition.
(7) Sliding means a driving technique where a driver maneuvers a vehicle around a corner while still maintaining forward momentum.
(8) Exhibition spectator means any person who is present at a dangerous driving exhibition for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person that is at the location without regard to whether the person arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
(9) Unauthorized vehicle caravan means the unauthorized operation of two or more vehicles in a caravan fashion, either in a single lane or side by side in multiple lanes, upon a public street, highway, or private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being an exhibition spectator at a dangerous driving exhibition.
Codified by Ord. No. 2021-21 (JCC 6/29/2021, Passed 7/20/2021, Approved 7/21/2021, Published 8/9/2021, Effective 8/9/2021).
(a) Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection:
(1) Device means any cartridge, compressed gas cylinder, apparatus, container, or any other object used to contain, and/or dispense, and/or administer nitrous oxide.
(2) Nitrous oxide means a colorless, nonflammable gas, N 2 O, often times used as an anesthetic and in aerosols; when inhaled it produces loss of sensibility to pain preceded by exhilaration and sometimes laughter, and is used especially as an anesthetic in dentistry; it is also known as “laughing gas.”
(3) Paraphernalia means any equipment, product, material, or combination of equipment, products or materials, which are specifically designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body nitrous oxide, including, but not limited to:
a. Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness or purity of nitrous oxide;
b. A weight scale or balance specifically designed for use in weighing or in measuring nitrous oxide;
c. A dilutent or adulterant specifically designed for cutting nitrous oxide;
d. An object specifically designed for use in ingesting, inhaling, or otherwise introducing nitrous oxide into the human body, such as a balloon or nasal mask;
e. A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing nitrous oxide;
f. A device, commonly known as a nitrous kit, laughing gas kit, or balloon kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing nitrous oxide into the human body, and which consists of any quantity or combination of the following: a dispenser, a device containing nitrous oxide, a balloon, gloves, or a cracker;
g. A device, commonly known as a whippet, whippit, whip-it, canister, cartridge, charger, bulb, or nang, that is specifically designed to contain, dispense, or administer a measured amount of nitrous oxide:
h. A device, commonly known as a cracker, that is specifically designed to discharge a measured amount of nitrous oxide to the user;
i. A capsule, balloon, bag, or other container used, intended for use, or specifically designed to deliver a measured amount of nitrous oxide to the user; and
j. A container and other objects used, intended for use, or designed for use in storing or concealing nitrous oxide.
(4) In determining whether an object is paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in possession of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in possession of the object, under any state or federal law relating to any controlled substance;
c. The proximity of the object, in time and space, to a direct violation of this chapter;
d. The proximity of the object to controlled substances;
e. The existence of any residue of nitrous oxide on the object;
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in possession of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in possession of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as nitrous oxide paraphernalia;
g. Instructions, oral or written, provided with the object concerning its use;
h. Descriptive materials accompanying the object which explain or depict its use;
i. National and local advertising concerning its use;
j. The manner in which the object is displayed for sale;
k. Whether the owner, or anyone in possession of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of nitrous oxide;
l. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
m. The existence and scope of legitimate uses for the object in the community; and
n. Expert testimony concerning its use.
(5) Recreational use means use for the purpose of causing a condition of intoxication, impairment, euphoria, excitement, exhilaration, sexual enhancement, stupefaction, or dulling of the senses or nervous system, but does not mean use of anesthesia for medical or dental purposes.
(b) Possession, sale, or consumption of nitrous oxide prohibited.
(1) It shall be unlawful for any person within the City to display, offer, distribute, sell, or otherwise provide to a person any device that contains any quantity of nitrous oxide, or any paraphernalia used to dispense or administer nitrous oxide, for recreational purposes.
(2) It shall be unlawful for any person within the City to use, transport, or possess nitrous oxide for recreational purposes, a device that contains any quantity of nitrous oxide for recreational purposes, or any paraphernalia used to dispense or administer nitrous oxide for recreational purposes.
(c) The prohibitions set forth in this section shall not apply nitrous oxide that has been denatured or unfit for human consumption or to any of the following:
(1) A person licensed under chapter VII of the Food Law, MCL 289.7101 et seq., who sells or otherwise distributes the device as a Grocery product;
(2) A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business;
(3) A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the Public Health Code, being MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy; or
(4) A health care professional who possesses and dispenses nitrous oxide in the course of medical and dental treatment.
(d) A person in violation of Subsection (b)(1) and Subsection (b)(2) of this section is misdemeanor punishable by imprisonment for not more than 93 days, or a fine of not more than $100.00, or both.
Codified by Ord. No. 2021-43 (JCC 10/26/2021, Passed 11/16/2021, Approved 11/22/2021, Published 12/3/2021, Effective 12/3/2021).
Codified by Ord. No. 2021-43 (JCC 10/26/2021, Passed 11/16/2021, Approved 11/22/2021, Published 12/3/2021, Effective 12/3/2021).