(a) The primary purpose of this article is to promote the welfare and temperance of minors who are exposed to certain publicly visible advertisements of alcoholic liquor or tobacco products as defined in Section 4-1-1 of this Code, within the City, and to promote compliance with state law and this Code, which prohibit the use and consumption of alcoholic liquor and tobacco products by minors.
(b) The findings to support this article have been delineated in a resolution adopted by the City Council on July 7, 1989, and placed in the Journal of the City Council on Pages 1959 through 1963.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
(a) It shall be unlawful for any person to violate any provision of this article.
(b) Any person who violates this article may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this article shall be convicted of a misdemeanor for each violation that is issued, and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
This article shall be enforced by the Buildings, Safety Engineering, and Environmental Department.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
(a) It shall be unlawful to advertise any alcoholic liquor on an advertising sign within a 1,000-foot radius of any advertisement- sensitive property.
(b) It shall be unlawful to advertise any tobacco product on an advertising sign within a 1,000-foot radius of any advertisement- sensitive property.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
The provisions of Section 4-3-4 of this Code shall not apply to:
(1) Any advertising sign that is adjacent to an interstate highway, freeway, or primary highway system within the City, and is regulated by the Michigan Highway Advertising Act of 1972, being MCL 252.301 et seq.
(2) Any advertising sign that advertises alcoholic liquor and is located on the premises of a convention facility, sports arena, or stadium.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
The spacing between an advertising sign that advertises alcoholic liquor or a tobacco product and an advertisement sensitive property shall be measured radially as the length of the shortest straight line between the perimeter of the premises containing the advertising sign and the perimeter of the premises containing the advertisement-sensitive property.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).
In the event a new advertisement-sensitive property is established subsequent to the effective date of the ordinance from which this article is derived, and is located within a 1,000-foot radius of an advertising sign lawfully advertising alcoholic liquor or a product, said advertising shall not be ordered removed until 60 days after the date of such establishment.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-13 (JCC. 2/18/20, Pass. 6/9/20, App. 6/15/20, Pub. 8/14/20, Eff. 12/9/20).