A person commits the offense of furnishing alcoholic liquor to an underage person if he or she gives or furnishes alcoholic liquor to a person who is less than 21 years of age, except upon authority of and pursuant to a prescription of a duly licensed physician.
A person commits the offense of open alcoholic liquor in a vehicle if he or she transports or possesses any alcoholic liquor in a container which is open, uncapped or upon which the seal is broken, within the passenger compartment of a vehicle on the streets of this municipality or any other place open to the general public, including any area designated for the parking of motor vehicles. If the vehicle does not have a truck or compartment separate from the passenger compartment, a container, which open, uncapped, or upon which the seal is broken, shall be encased or enclosed. This section shall not apply to any chartered passenger vehicle licensed by the Michigan Public Service Commission.
A person less than 21 years of age shall not knowingly transport or possess in a motor vehicle alcoholic liquor unless the person is employed by a licensee licensed under the Michigan Liquor Control Code of 1998, MCLA § 436.1101, the Liquor Control Commission, or an agent of the Liquor Control Commission, and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment.
[Added 7-17-2006 by Ord. No. 2006-08]
Contributing to neglect or delinquency of children. 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, as defined in Section 2 of Chapter 12a of Act No. 288 of the Michigan Public Acts of 1939; as added by Act No. 54 of the Michigan Public Acts of the First Extra Session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the Probate Court, shall be guilty of a misdemeanor.
[Added 11-20-2006 by Ord. No. 2006-10]
A. As used in this section, the following terms shall have the following meanings:
CONTROLLED SUBSTANCE A drug, substance, or immediate precursor included in Schedules 1 to 5 of Part 72 of the Michigan Public Health Code, as amended.
DELINQUENT ACT An act which violates the laws of the United States, the laws of the State of Michigan, or an ordinance of the City of Royal Oak, or which would cause a minor to come under the jurisdiction of the Family Division of the Circuit Court, as defined by MCLA § 712A.2, as amended. "Delinquent act" does not include a traffic violation which is designated as a civil infraction.
MINOR Any unemancipated person under the age of 17.
PARENT The mother, father, legal guardian and any other person having the care of custody or a minor, or any person 17 years of age or older with whom the minor resides, at the time that the delinquent act is alleged to have been committed by the minor.
B. Parental duties.
(1) It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
(2) No parent of any minor shall fail to exercise reasonable parental control over the minor. The exercise of reasonable parental control shall include, but is not limited to, the following:
(a) Keeping controlled substances out of the home and out of the possession of the minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional.
(b) Keeping firearms out of the possession of the minor, except those used for hunting in accordance with all applicable laws and regulations and with the knowledge and supervision of a parent.
(c) Requiring the minor to observe the curfew ordinance of the City of Royal Oak.
(d) Requiring the minor to attend regular school sessions and forbidding the minor to be absent from class without parental or school permission.
(e) Arranging proper supervision for the minor when the parent is absent.
(f) Forbidding the minor from willfully or maliciously destroying property belonging to another person.
(g) Forbidding the minor from knowingly possessing stolen property.
(h) Forbidding the minor from possessing alcoholic beverages.
(i) Seeking help from the appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
(j) Assisting or cooperating with governmental authorities in their efforts to handle or control the minor, including the production of the minor for court appointments and hearings.
(3) Notification of parents; record of notification. Whenever a minor is arrested or detained for the commission of any delinquent act within the City of Royal Oak, the Royal Oak Police Department shall immediately attempt to notify the parent of such arrest or detention, the reason for the arrest or detention, and the parent's responsibility under this section. A record of such notification efforts shall be kept by the Royal Oak Police Department.
C. Penalties.
(1) A violation of this section is a civil infraction.
(2) Upon the first conviction of a violation of this section, the parent shall be subject to a fine of not less than $100, plus the costs of prosecution.
(3) Upon the second conviction of a violation of this section, the parent shall be subject to a fine of not less than $250, plus the costs of prosecution.
(4) Upon the third or subsequent conviction of a violation of this section, the parent shall be subject to a fine of not less than $500, plus the costs of prosecution.
(5) Pursuant to the violation of this Code, the parent shall to the fullest extent permitted by law be held civilly responsible for any damages caused by the commission of any delinquent act within the City.
A person commits the offense of disorderly conduct if he or she:
A. Engages in fighting or in violent, tumultuous or threatening behavior;
B. Makes unreasonable noise which tends to cause a public danger, alarm, disorder or nuisance;
C. Uses threatening, abusive or obscene language or makes an obscene gesture, which by their very use inflict injury or tend to incite a breach of the peace;
D. Without lawful authority, disturbs any lawful assembly or meeting of persons;
E. Obstructs vehicular or pedestrian traffic;
F. Possesses or consumes alcoholic liquor in any public park, public place of amusement, or area under the jurisdiction of the City of Royal Oak that is owned and/or administered by the City of Royal Oak;
G. Urinates in a public place, except at public toilets.
H. Engages in an illegal occupation or business;
I. Loiters in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed;
J. Knowingly loiters in or about a place where an illegal occupation or business is being conducted;
K. Is found jostling or roughly crowding people unnecessarily in a public place;
L. Commits the offense of failure as a disorderly person to disperse if he or she participates with two more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law;
M. Permits or suffers any place occupied or controlled by him or her to be a resort of noisy, boisterous, or disorderly persons.
N. A person commits the offense of public intoxication if he or she appears in a public place under the influence of alcohol, a controlled substance, other drugs or combination thereof and he or she is either endangering directly the safety of another person or of property, or is acting in a manner that causes a public disturbance.
O. Commits the offense of window peeping.
[Added 7-18-2005 by Ord. No. 2005-08]
P. Vehicle sound equipment noise and vibration. It shall be unlawful for any person to be in possession or control of a parked or moving vehicle with a stereo, disc player, cassette player, speakers, or other similar equipment that is producing sound on a street, driveway, publicly patrolled parking lot or public place at or with a level, volume, intensity, frequency, or other attribute that is perceptible at a distance of 50 feet or more, either by hearing the sound by the human ear or by feeling the sound in the form of vibrations associated therewith. This subsection shall not be applicable to sound emanating from emergency vehicles, vending vehicles, or publicly sponsored or permitted concerts, sporting events, activities, or gatherings. A violation of this subsection is a civil infraction punishable by a fine of $100.
[Added 7-25-2016 by Ord. No. 2016-09]
Q. Loud vehicles. The operation of any automobile, truck, motorcycle or other vehicle so out of repair or so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling or other unreasonable noise, including the noise resulting from exhaust, which is plainly audible at a distance of 50 feet from the vehicle and unreasonably disturbing to the quiet, comfort or repose of other persons. A violation of this subsection is a civil infraction punishable by a fine of $100.
[Added 7-25-2016 by Ord. No. 2016-09]
It shall be unlawful for any person to throw or propel any snowball, missile or object from or at any moving motor vehicle.
A person commits the offense of indecent exposure if he or she makes an open and indecent exposure of his or her person under circumstances in which he or she knows or should know that his or her conduct is likely to cause affront or alarm.
[Amended 5-2-2011 by Ord. No. 2011-09]
A person commits the offense of loitering if he or she:
A. Loiters, remains or wanders about in a public place for the purpose of aggressive begging. For purposes of this section, "aggressive begging" shall mean the following:
(1) Touching the solicited person without that person’s consent;
(2) Blocking the path of the person being solicited or the entrance to any building or vehicle;
(3) Following behind, alongside or ahead of a person who walks away from the solicitor after having been solicited;
(4) Using abusive language, either during the solicitation or following a refusal to donate, or making any statement, gesture or other communication which would cause a reasonable person to be fearful or feel compelled to make a donation; or
(5) Soliciting a patron in a sidewalk cafe without first having obtained the permission of the operator of the cafe.
B. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;
C. Loiters or remains in or about a school building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil, or any other specific, legitimate reason for being there, and not having written permission from a school administrator;
D. Loiters or remains in any place for the purpose of unlawfully using or possessing a controlled substance; or
E. Knowingly loiters or remains in any place where the unlawful use of controlled substances is practiced, encouraged or allowed.
It shall be unlawful for any person to engage in public nudity.