This chapter shall be known and may be cited
as the "Village of New Haven Offenses Involving Minors and Parental
Responsibility Ordinance."
In the development and execution of this chapter,
it is recognized that parents have the principal responsibility of
ensuring that their children are not lacking proper care. Parents
must ensure their children conform to the laws of this state and local
ordinances by not engaging in illegal activities. It is recognized
that it is necessary to ensure that minors are not lacking proper
parental care, guardianship or control so that they are not growing
up in mendicancy, vagrancy or involved in criminal activity. This
chapter is enacted to help parents control their children and to ensure
that parents exercise proper control and care over their children
so the aforementioned goals may be attained.
As used in this chapter, the following terms
shall have the meanings indicated:
ADULT
A person 17 years of age or older.
ALCOHOLIC BEVERAGE
Any beverage containing more than 1/2 of 1% of alcohol by
weight. The percentage of alcohol by weight shall be determined in
accordance with the provisions of MCLA § 436.2; MSA 18.972, as the same may be amended from time to time.
CONTROL
Any form of regulation or dominion, including a possessory
right.
DELINQUENT ACTS or CRIMINAL ACTS
Those acts which violate the laws of the United States, the
statutes of the State of Michigan, the ordinances of the Village of
New Haven or those acts which would cause or tend to cause the minor
to come under the jurisdiction of the Juvenile Division of the Probate
Court, as defined by MCLA § 712A.2, including moving traffic
violations.
DRUG
A controlled substance as defined now or hereafter by the
public acts of the State of Michigan.
HABITUAL OFFENDER
One who commits four or more moving traffic violations or
two or more other delinquent or criminal acts within a twelve-month
period.
JUVENILE DELINQUENT
Those minors whose behavior interferes with the rights of
others or menaces the welfare of the community.
MINOR
Any person under the age of 17 years residing with a parent.
OPEN HOUSE PARTY
A social gathering of persons at a residence or rental premises,
other than the owner or those with rights of possession or their immediate
family members.
PARENT
Mother, father, legal guardian and any other person having
the care or custody of a minor or any person acting in the parents'
stead who has custody or control of the minor.
RENTAL PREMISES
A hotel room, motel room, hall or limousine, which is rented
on a short-term basis for lodging or social functions.
RESIDENCE
A home, apartment, condominium or other dwelling unit, whether
rented or owned, and includes the curtilage of that unit.
It shall be unlawful for the parent or guardian
of any minor under the age of 18 years to willfully permit such minor
to use or have in his/her possession any pistol, rifle, shotgun, spring
gun, air gun, slingshot, bow and arrow or other weapon capable of
or designed to discharge any shot, pellet or missile likely to inflict
bodily injury, unless such minor shall be, at the time of his use
or possession thereof, under the direct supervision and control of
his parent or guardian or some other adult person. This section shall
not be construed to authorize the discharge or use of any weapon or
device in violation of any other ordinance.
[Amended 1-13-2015 by Ord. No. 333]
A. If a minor commits a delinquent or criminal act, the
parent shall be guilty of a violation of this chapter if it is proven
that any act, word or nonperformance of parental duty by the parent
encouraged, contributed toward, caused or tended to cause the commission
of a delinquent act by the minor.
B. Upon conviction of a violation of this chapter, the parent shall be subject to the penalties set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven.
C. Upon the second conviction of a violation of this chapter, the parent shall be subject to the penalties set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven and, in addition, shall be sentenced to probation with the condition that the parent participate in, through completion, a court-approved, community-based treatment program (e.g., parenting skills, family services, employment and training, etc.).