[Code 1975, § 24-18; Code 1992, § 20-246]
No minor under the age of 12 years shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places or pleasure ride or park in automobiles between the hours of 10:00 p.m. and 6:00 a.m., unless permitted under §
34-353.
[Code 1975, § 24-19; Code 1992, § 20-247; 12-13-2021 by Ord. No.
21-011]
(a) No minor 12 years old or older, but under the age of 18 years, shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places or pleasure ride or park in automobiles between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Thursday nights, and between 12:00 midnight and 6:00 a.m. Friday and Saturday nights unless permitted under §
34-353.
(b) This section does not apply to a minor employed in an occupation
authorized by law, where such minor is going to or from work and carries
on his or her person evidence in writing, signed by his or her employer,
showing the time when such minor left work on that day. Any employer
falsifying any evidence in writing of the time of day when a minor
in his or her employ was relieved from work shall be guilty of a misdemeanor.
The following are exceptions to the curfew restrictions in §§
34-351 and
34-352, where the minor is:
(1) Accompanied by the minor's parent or guardian or any other person
21 years of age or older authorized by a parent to the caretaker 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.
[Code 1975, § 24-20; Code 1992, § 20-248; 2-25-2019 by Ord. No. 19-002]
It shall be the duty of the Police Chief or such police officer as he or she may designate, upon the arrest of any minor for the violation of §§
34-351 or
34-352, to inquire into the facts of such arrest and the conditions and circumstances of such minor and, if it appears that such minor, for want of proper parental care, guardianship or control, is growing up in mendicancy or vagrancy or is incorrigible, to cause the proper proceedings to be had and taken as authorized by the state in such cases.
[Code 1975, § 24-21; Code 1992, § 20-249]
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 or her possession any pistol, rifle, shotgun, spring gun,
airgun, 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 or her use
or possession thereof, under the direct supervision or control of
his or her 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 section of this Code or City ordinance.
[Code 1975, § 24-22; Code 1992, § 20-250; 9-26-1994 by Ord. No. 1064; 2-25-2019 by Ord. No. 19-002]
(a) The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
CRIMINAL ACT
Any act which violates the laws of the United States, the
statutes of the state or the ordinances of the City, and includes
moving traffic violations.
HABITUAL OFFENDER
One who commits four or more moving traffic violations or
two or more other criminal acts within a twelve-month period.
MINOR
Any juvenile under the age of 17 years and residing with
the parent, as defined in this section.
PARENT
Includes mother, father, legal guardian and any other person
having the care or custody of a minor or such other adult with whom
a minor may be found residing.
(b) It shall be unlawful for the parent of any minor to fail to exercise
reasonable parental control, which failure results in the minor committing
any criminal act, or to allow or encourage any minor to commit any
criminal act or become delinquent in accordance with the state probate
code as it pertains to juveniles. It is the continuous duty of the
parent of any minor to exercise reasonable control to prevent the
minor from committing any delinquent act. Such continuous duty includes
the following parental duties, but does not exclude others:
(1)
Keeping illegal drugs or illegal firearms out of the home and
legal firearms secured in places that are inaccessible to the minor.
(2)
Knowing the Curfew Ordinance of the City, as provided in this
article, and requiring the minor to observe the Curfew Ordinance.
(3)
Requiring the minor to attend regular school sessions and forbidding
the minor to be absent from class without parental or school permission.
(4)
Arranging proper supervision for the minor when the parent must
be absent.
(5)
Taking the necessary precautions to prevent the minor from maliciously
or willfully destroying real, personal, or mixed property of others,
including property which belongs to this City or is located in this
City.
(6)
Forbidding the minor from keeping stolen property or illegally
possessing firearms or illegal drugs, and seeking help from appropriate
governmental authorities or private agencies in handling or controlling
the minor, when necessary.
(c) When a minor is arrested or detained for the commission of any criminal
act within the City, the parent of such minor shall be immediately
notified by the Police Department, advising the parent of such arrest
or detention, the reason therefor and his or her responsibility under
this section. A record of such notifications shall be kept by the
Police Department.
(d) A parent shall not, by any act, word, or nonperformance of a parental duty, encourage, contribute toward, cause, or tend to cause his or her minor child to commit a criminal act. If a parent violates this subsection and his or her minor commits a criminal act, in addition to the general penalty provided in §
1-16, the penalty for violation of this subsection may include a sentence of probation with the condition that the parent participate in, through completion, a court-approved community-based treatment program, such as parenting skills, family services, employment and training, etc. The parent of an habitual offender shall be deemed guilty of parental neglect and in violation of this section.
[Code 1975, § 24-38; Code 1992, § 20-251]
(a) Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
ADULT
A person 17 years of age or older.
ALCOHOLIC LIQUOR
Any beverage containing more than 1/2 of 1% of alcohol by
volume which is fit for use for beverage purposes. The percentage
of alcohol by volume shall be determined in accordance with the provisions
of MCL 436.1105.
CONTROL
Any form of regulation or dominion, including a possessory
right.
DRUG
A controlled substance as defined by state law.
MINOR
A person not legally permitted by reason of age to possess
alcoholic liquors pursuant to MCL 436.1703.
OPEN HOUSE PARTY
A social gathering of persons at a residence other than the
owner or those with rights of possession or their immediate family
members.
RESIDENCE
A home, apartment, condominium or other dwelling unit and
includes the curtilage of such dwelling unit.
(b) Responsibility of adult having control of residence. No adult having
control of any residence shall allow an open house party to take place
at the residence if any alcoholic liquor or drug is possessed or consumed
at the residence by any minor where the adult knew or reasonably should
have known that an alcoholic liquor or drug was in the possession
of or being consumed by a minor at the residence, and where the adult
failed to take reasonable steps to prevent the possession or consumption
of the alcoholic liquor or drug at the residence.
(c) Exception. This section shall not apply to legally protected religious
observances or legally protected educational activities.
(d) Penalties. The penalties for violation of this section shall be as
follows:
(1)
For the first violation, a fine not exceeding $500, plus costs,
or imprisonment in the county jail for a term not to exceed 30 days,
or by both such fine and imprisonment.
(2)
For subsequent violations, a fine not exceeding $500 or imprisonment
in the county jail for a term not to exceed 90 days, or by both such
fine and imprisonment.
[Code 1992, § 20-253(a); 3-22-1999 by Ord. No. 1160]
It shall be unlawful for any person to focus, point, or shine
a laser beam or laser light pointing device directly or indirectly
on another person or animal in such manner as to harass, annoy, frighten,
or injure any person or animal.
[9-12-2011 by Ord. No.
1325; 11-14-2011 by Ord. No. 1333]
Any person who shall by any act, or by any word, encourage,
contribute toward, cause or tend to cause any minor child under the
age of 17 years to become neglected or delinquent so as to come or
tend to come under the jurisdiction of the juvenile division of the
probate court, whether or not such child shall in fact be adjudicated
a ward of the probate court, shall be guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more than
$500, or both.
[9-12-2011 by Ord. No. 1325; 2-25-2019 by Ord. No. 19-002]
(a) Definitions. The following words, terms and phrases, when used in this section and §
34-362, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ALTERNATIVE NICOTINE PRODUCTS
Any noncombustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved or ingested
by any other means.
ELECTRONIC CIGARETTE
An electronic product or device that produces a vapor that
delivers nicotine or other substances to the person inhaling from
the device to simulate smoking, and is likely to be offered to, or
purchased by, consumers as an electronic cigarette, electronic cigar,
electronic cigarillo or electronic pipe.
VAPOR PRODUCT
Any noncombustible tobacco-derived product containing nicotine
that employs a mechanical heating element, battery or circuit, regardless
of shape or size, that can be used to heat a liquid nicotine solution
contained in cartridges.
(b) A person shall not sell, give, or furnish tobacco products, vapor
products, electronic cigarettes or alternative nicotine products to
a minor. A person who violates this subsection is guilty of a misdemeanor
punishable by a fine of not more than $50 for each violation.
(c) It is an affirmative defense to a charge under Subsection
(b) that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of tobacco products, vapor products, electronic cigarettes, or alternative nicotine products to persons under 18 years of age and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. The notice shall be served not less than 14 days before the date set for trial.
(d) A prosecuting attorney who proposes to offer testimony to rebut the affirmative defense described in Subsection
(c) shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than seven days before the date set for trial and shall contain the name and address of each rebuttal witness.
(e) Subsection
(b) does not apply to the handling or transportation of a tobacco product by a minor under the terms of that minor's employment.
[9-12-2011 by Ord. No. 1325; 2-25-2019 by Ord. No. 19-002]
(a) Subject to Subsection
(c), a minor shall not do any of the following:
(1)
Purchase or attempt to purchase tobacco products, vapor products,
electronic cigarettes or alternative nicotine products.
(2)
Possess or attempt to possess tobacco products, vapor products,
electronic cigarettes or alternative nicotine products.
(3)
Use tobacco products, vapor products, electronic cigarettes
or alternative nicotine products in a public place.
(4)
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess tobacco products, vapor products, electronic
cigarettes or alternative nicotine products.
(b) An individual who violates Subsection
(a) is guilty of a civil infraction punishable by a fine of not more than $50 for each violation. Pursuant to a probation order, the court may also require an individual who violates Subsection
(a) to participate in a health promotion and risk reduction assessment program, if available. An individual who is ordered to participate in a health promotion and risk reduction assessment program under this subsection is responsible for the costs of participating in the program. In addition, an individual who violates Subsection
(a) is subject to the following:
(1)
For the first violation, the court may order the individual
to do one of the following:
a.
Perform not more than 16 hours of community service in a hospice,
nursing home, or long-term care facility.
b.
Participate in a health promotion and risk reduction program,
as described in this subsection.
(2)
For a second violation, in addition to participation in a health
promotion and risk reduction program, the court may order the individual
to perform not more than 32 hours of community service in a hospice,
nursing home, or long-term care facility.
(3)
For a third or subsequent violation, in addition to participation
in a health promotion and risk reduction program, the court may order
the individual to perform not more than 48 hours of community service
in a hospice, nursing home, or long-term care facility.
(c) Subsection
(a) does not apply to a minor participating in any of the following:
(1)
An undercover operation in which the minor purchases or receives
tobacco products, vapor products, electronic cigarettes or alternative
nicotine products under the direction of the minor's employer and
with the prior approval of the local prosecutor's office as part of
an employer-sponsored internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives
tobacco products, vapor products, electronic cigarettes or alternative
nicotine products under the direction of the state police or a local
police agency as part of an enforcement action, unless the initial
or contemporaneous purchase or receipt of the tobacco products, vapor
products, electronic cigarettes or alternative nicotine products by
the minor was not under the direction of the state police or the local
police agency and was not part of the undercover operation.
(3)
Compliance checks in which the minor attempts to purchase tobacco
products, vapor products, electronic cigarettes or alternative nicotine
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted under the direction of a substance abuse coordinating
agency as defined in Section 6103 of the Public Health Code, 1978
PA 368, MCLA § 333.6103, and with the prior approval of the state police or a local
police agency.
(d) Subsection
(a) does not apply to the handling or transportation of tobacco products, vapor products, electronic cigarettes or alternative nicotine products by a minor under the terms of that minor's employment.
(e) This section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the violation of Subsection
(a).