City of Rockwood, MI Article II Offenses Relating to Persons

[Adopted as Ch. 664 of the 1989 Codified Ordinances]

§ 163-8 Curfew for minors.

[Amended 6-7-1995 by Ord. No. 338]

A. Purpose. The purpose of this section is to prohibit minors under 17 years of age from being in the public streets and other public places of the City between certain hours, except as otherwise provided in this section.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

PUBLIC PLACE

Any park, playground or commercial establishment open to the general public.

PUBLIC STREET

Any street, highway, alley, sidewalk or adjacent property open to the public.

C. Minors under 12 years of age; minors aged 12 through 16.

(1) Minors under 12. No minor under 12 years of age shall loiter, idle or congregate in or on any public street or public place between the hours of 9:00 p.m. and 6:00 a.m. of the following morning, except as otherwise provided in this section.

(2) Minors aged 12 through 16. No minor aged 12 through 16 shall loiter, idle or congregate in or on any public street or public place between the hours of 11:00 p.m. and 6:00 a.m. of the following morning, except as otherwise provided in this section.

D. Exceptions. If a minor is accompanied by a parent, guardian or some adult over 21 years of age delegated by the parent or guardian to accompany such child, or where the presence of such minor in any public place or on any public street is connected with and required by some legitimate work, trade, profession or occupation in which such minor is engaged, or where such minor is upon an emergency errand or other legitimate business directed by his or her parent or guardian, or is going to or coming from a church, municipal or school function, or returning from the theater with the permission of the parent, guardian or other adult person 21 years of age or older having the care and custody of the minor, then this section shall not apply.

E. Parental responsibility. No person shall assist, aid, abet or encourage any minor under 17 years of age to violate this section. When any minor is found violating this section, a presumption shall arise that the parent or legal guardian having the care and custody of the minor assisted, aided, abetted and encouraged such minor in violating this section.

§ 163-9 Assault and battery.

No person within the City shall attempt or offer, with force and violence, to do a corporal hurt to another, or assault and/or batter any other person.

§ 163-10 Harassing, obscene and threatening telephone calls.

A. No person shall telephone any other person repeatedly or cause any person to be telephoned repeatedly for the sole purpose of harassing or molesting such other person or his or her family, whether or not conversation ensues, except for telephone calls made for legitimate business purposes.

B. No person shall use any vulgar, indecent, obscene, threatening or offensive language or suggest any lewd or lascivious act over any telephone.

§ 163-11 Endangering children.

A. No person, being the parent, guardian, custodian, person having custody or control of, or person in loco parentis to, a child under 18 years of age or a mentally or physically handicapped child under 21 years of age, shall create a substantial risk to the health or safety of such child by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or defect of such child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

B. No person shall do any of the following to a child under 18 years of age or a mentally or physically handicapped child under 21 years of age:

(1) Torture or cruelly abuse the child;

(2) Administer corporal punishment or other physical disciplinary measures, or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child; or

(3) Repeatedly administer unwarranted disciplinary measures to the child when there is a substantial risk that such conduct, if continued, will severely impair or retard the child's mental health or development.

[Amended 5-1-2002 by Ord. No. 407]

§ 163-12 Interference with custody.

A. No person, knowing that he or she is without privilege to do so or being reckless in that regard, shall entice, take, keep or harbor any of the following persons from his or her parent, guardian or custodian:

(1) A child under the age of 18 or a mentally or physically handicapped child under the age of 21;

(2) A person committed by law to an institution for delinquent, unruly, neglected or dependent children; or

(3) A person committed by law to an institution for the mentally ill or mentally deficient.

B. It is an affirmative defense to a charge of enticing or taking under Subsection A(1) hereof that the actor reasonably believed that his or her conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under Subsection A hereof that the actor, in good faith, gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under his or her shelter, protection or influence.

§ 163-13 Blasphemy and indecent language.

No person within the City who has arrived at the age of discretion shall willfully blaspheme the Holy Name of God by cursing or contumeliously reproaching God, or use any indecent, immoral, obscene, vulgar or insulting language on any public street or other public place or in any place of business open to public patronage.

§ 163-14 Use and possession of spray paint by minors.

[Amended 11-9-1992 by Ord. No. 310]

A. Spray paint defined. For purposes of this section, "spray paint" means any adherent, pigmented substance dispersed in particles by means of an atomizer or other simple mechanical instrument or applicator.

B. Possession by minors prohibited. No person under 18 years of age shall possess, buy or transfer possession of, or receive possession of, spray paint unless accompanied by an adult.

C. Aiding and abetting violations. It shall be unlawful for any person to assist, aid, abet, or encourage any person under 18 years of age to violate this section, or to sell spray paint to any person under 18 years of age.

§ 163-15 Penalty.

A violation of any provision of this article shall be a misdemeanor, punishable as provided in Chapter 1, General Provisions, Article II.