Township of Pittsfield, MI Minors

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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

GUARDIAN

(1)

A person who, under court order, is the guardian of a minor; or

(2)

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

MINOR

Any person less than 18 years of age.

PARENT

A person who is:

(1)

A natural parent, adoptive parent, or step-parent of a minor; or

(2)

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

OUTDOOR PUBLIC PLACE

Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, alleys, parks, playgrounds, vacant lots or other outdoor areas open to the public.

REMAIN

(1)

Linger or stay; or

(2)

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

SERIOUS BODILY INJURY

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Curfew and parental responsibility.

(1)

A minor commits an offense remaining in any outdoor public place within the Township during curfew hours.

(2)

A parent or guardian of a minor commits an offense by knowingly permitting or by insufficient control allowing a minor to remain in any outdoor public place within the Township during curfew hours.

Defenses. It is a defense to prosecution under Subsection B that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

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

(3)

In a motor vehicle travelling on a public or private street or highway to or from a lawful activity without any detour or stop;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to law enforcement about the minor's presence;

(7)

Attending an official school, religious, or other recreational activity supervised by adults, sponsored by the Township, a civic organization, or another similar entity that takes responsibility for the minor; or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults, sponsored by the Township, a civic organization, or another similar entity that takes responsibility for the minor;

(8)

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(9)

Married or had been married or emancipated in accordance with state law.

Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the outdoor public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present.

§ 14-41 Purchase, possession or transfer of spray paint containers.

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

SPRAY PAINT

Any container of paint, varnish, lacquer stain, or similar substance commonly used in painting and applied by a spraying method or other similar technique.

Purchase, possession or transfer of spray paint by a minor. A person under 18 years of age shall not, in the Township, purchase, possess or transfer to another any spray paint.

Exception. Subsection B shall not apply to minors under the age of 18 years who:

(1)

Have in their possession written consent from their parent, legal guardian, or other person who has legal custody to possess spray paint;

(2)

Are acting in the course and scope of lawful employment.

§ 14-42 Truancy in public places and motor vehicles; violations and penalties.

It is unlawful for a minor under the age of 16 years who is enrolled in a public or private educational program to be absent from school and in a public place, as defined in Subsection B.

A "public place" means any public street, avenue, highway, roadway, curb area, alley, park, playground or other public ground, place or building, amusement place, eating place, vacant lot, or any place open to the public during the hours of 9:00 a.m. and 2:30 p.m. when school is in session.

Exceptions. The provisions of Subsection A shall not apply to persons under the age of 16 when:

(1)

The minor has in his or her possession a written excuse from the minor's parent, legal guardian, or other adult person having the legal care or custody of the minor;

(2)

The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor;

(3)

The minor is on an emergency errand directed by his or her parent, legal guardian or other person having legal care or custody of the minor;

(4)

The minor is going directly to or returning from a medical, dental or orthodontic appointment;

(5)

The minor has permission to leave school and has in his or her possession a valid school excuse to be absent from school;

(6)

The minor is going directly to or returning from a public meeting or place of entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school approved activity or is otherwise supervised by school personnel;

(7)

The presence of the minor in such place is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the minor is lawfully engaged;

(8)

The minor has graduated from high school or has fulfilled all requirements for high school graduation;

(9)

The minor is in attendance at religious instruction classes in accordance with Section 156(3)(d) of Public Act 451 of 1976 [MCL 380.1561(3)(d)]; or

(10)

The minor is being educated in an organized educational program at the minor's home by his or her parent or legal guardian in accordance with Public Act No. 451 of 1976 (MCL 380.1 et seq.).

A violation of Subsection A shall be a misdemeanor punishable by a maximum fine in the amount of $50 for a first offense and $100 for a second or subsequent offense during a period of 12 consecutive months.

§ 14-43 Enforcement; violations and penalties; parental responsibility.

A minor cited for a violation of this article shall attend a court hearing and must be accompanied at the hearing by his or her parent, legal guardian or other adult person having legal care or custody of the minor.

It is the responsibility of the parent, legal guardian or other adult person having the legal care or custody of the minor, upon receiving notification from the court or the Township, to appear for a court hearing as described in Subsection A. Failure to attend a court hearing is a misdemeanor punishable by a maximum sentence of 90 days in jail and/or a fine of $500.

It is the responsibility of the parent, legal guardian or other adult person having the legal care or custody of the minor to monitor the school attendance of the minor as required by law. Failure to monitor school attendance of the minor constitutes a misdemeanor punishable by a maximum sentence of 90 days in jail and/or a fine of $500.