Charter Township of Oakland, MI Article XIV Curfew

[Adopted 10-26-1999 by Ord. No. 93 (Ch. 16, Art. IX, Div. 2, of the 2007 Code of Ordinances)]

§ 285-55 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CURFEW HOURS

A. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and

B. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

EMERGENCY

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Any privately owned place of business operated for profit to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN

A person or public or private agency with whom a minor has been placed by court.

MINOR

Any person under 17 years of age.

PARENT

A person who is:

A. A natural parent, adoptive parent, or step-parent of another person; or

B. At least 18 years of age and authorized by a parent or guardian to have the care or custody of a minor.

PUBLIC PLACE

Any place to which the public has access.

REMAIN

To:

A. Linger or stay; or

B. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

§ 285-56 Commission of offenses.

A. A minor commits an offense if he remains in any public place or on the premises of any establishment within the Township during curfew hours.

B. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Township during curfew hours.

C. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

§ 285-57 Defenses.

A. It is a defense to prosecution that the minor was:

(1) Accompanied by the minor's parent or guardian or any other person 21 years or older authorized by a parent to the care-taker for the minor;

(2) On an errand at the direction of the minor's parent, guardian, or caretaker without any detour or stop;

(3) In a vehicle involved in interstate travel;

(4) Engaged in certain employment activity, or going to or from employment, without any detour or stop;

(5) Involved in an emergency;

(6) On the sidewalk that abuts the minor's or the next-door neighbor's residence, if the neighbor has not complained to the police;

(7) In attendance at an official school, religious, or other recreational activity sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or from, without any detour or stop, such an activity supervised by adults;

(8) Exercising First Amendment rights, including free exercise of religion, freedom of speech, and the right of assembly.

B. It is a defense to prosecution that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.