[HISTORY: Adopted by the Village Council of the Village of Cassopolis 11-7-1975; amended 7-4-1991 by Ord. No. 175; 11-30-1997 by Ord. No. 207 (Ch. 26, Sec. 26-236 of the 2003 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- UNDERAGE PERSON
- A person under 17 years of age.
It shall be unlawful for any underage person to be or remain in or upon any street, alley, playground, public place or other unsupervised place in the Village between the hours of 11:00 p.m. and 6:00 a.m., on Sunday, Monday, Tuesday, Wednesday and Thursday of each week during the months of September, October, November, December, January, February, March, April and May; and between the hours of 11:00 p.m. and 6:00 a.m. on Friday and Saturday of each week during those months, and also every night during the months of June, July and August. The provisions of this section do not apply to an underage person:
When such person is accompanied by his parent, guardian or other person having legal custody and control of the underage person;
When such underage person is in the performance of an errand or duty directed, in writing, by his parent, guardian or other person having his care or custody;
Where the employment of such underage person makes it necessary that the underage person be upon any street, alley, playground, public place or other unsupervised place during the nighttime after the hours specified in this section;
If such underage person is returning directly home from attending a special entertainment of an instructive or beneficial character for the attendance of which the underage person shall have received permission, in writing, from his parent, guardian or other person having custody of the underage person; or
When such underage person is engaged in interstate travel with the written permission of his parent, guardian or other person having custody of the underage person.
Any person of the age of 17 years or more, including, without limitation, the custodian, parent or legal guardian of any underage person that assists, aides, abets, allows, permits or encourages any underage person to violate the provision of § 166-2 of this chapter, shall be responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $25, nor more than $500, plus costs and other sanctions, for each violation. Repeat offenses under this section shall be subject to increased fines as provided in this section. As used in this section, the term "repeat offense" means a second, or any subsequent, violation of the requirements or provisions of this section committed by a person within any one-hundred-eighty-day period, and for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this section shall be as follows:
The fine for any offense which is a first repeat offense shall be not less than $50, plus costs.
The fine for any offense which is a second repeat offense shall be not less than $100 each, plus costs.
The fine for any offense which is a third repeat offense shall be not less than $300 each, plus costs.
The fine for any offense which is a fourth repeat offense, or any subsequent repeat offense, shall be not less than $500 each, plus costs.
Each day on which any violation of this section occurs, or continues, constitutes a separate offense subject to separate sanctions.
It shall not constitute a defense to this chapter that the parent, guardian or other person having the legal care and custody of an underage person who violates any provision of this chapter did not have knowledge of the presence of the underage person in and upon any street, alley, playground, public place or other unsupervised place prohibited in this chapter.
It shall be unlawful for the operator of any theater, restaurant or other business establishment, either by himself or by any employee or agent, to permit any underage person to remain in such business establishment in violation of this chapter.
It shall be the duty of each member of the Police Department to enforce the provisions of this chapter, and each member of the Police Department is authorized to question any person suspected of violating any of the provisions of this chapter, and to take into custody and detain any underage person found to be violating this chapter, and to take or cause to be taken such underage person to the Police Department, whereupon the name of the parent, guardian or other person having authorized custody of such underage person, or the employer of such underage person, shall be ascertained; and upon such determination, such parent, guardian or other person having authorized custody of such underage person shall be notified or summoned by the investigating officer or member of the Police Department to complete an investigation and to assume custody of such underage person. If the parent, guardian or person having authorized custody of such underage person cannot be located within a reasonable time, the Police Department shall notify the county juvenile authorities to cause the proper proceedings to be had and taken as authorized by the laws of the state.
Whenever any underage person shall be taken into custody as provided in this chapter, written notice shall be given immediately, or as soon as may be practical, to any parent, guardian or other person having legal care and custody of such underage person, in the form provided in this section. Such notice shall be substantially in the following form:
You are notified on the _____ day of __________, 20 _____, at _______________.m., a minor child under 17 years of age, named _____________________, for whom you are responsible, was taken into custody for being in violation of Chapter 166 of the Village Code, known as the curfew ordinance, a portion of which is printed on the back of this notice.
You are further notified that you are charged in the future with the responsibility for compliance by the child with the provisions of this section. Failure to do so will subject you to the penalty therein provided.
Police Department of the
Village of Cassopolis
The penalty for the first offense violation of the provisions of this section by any underage person may be no more than the detention provided by law. The parent or guardian or any person having authorized custody of, or the employer of the underage person, upon being ascertained, shall be notified by the Police Department of the violation by the underage person and summoned to report for completion of investigation of violation. The penalty for the second and subsequent violations of the provisions of this section by any underage person shall be cause whereby the parent, guardian or other person having authorized custody of, or the employer of such underage person, contributing to the neglect of the underage person, may be directed to appear along with the underage person before the juvenile authorities of the county for disposition. Any underage person found in violation of this section may be referred to the juvenile authorities of the county.