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694.03 PARENTAL RESPONSIBILITY RE CURFEW.
   (a)   No parent, guardian or other adult person having the care and custody of any child shall allow or permit the child to be in, on or about any public place or establishment in the City, including while in a vehicle, contrary to the provisions of Section 694.02, or fail or neglect to cause any child to refrain from being in, on or about any public place or establishment in the City, including while in a vehicle, contrary to the provisions of Section 694.02.
   (b)   If a child has violated any of the provisions of Section 694.02 three or more times within a twelve-month period, it shall be presumed that the parent, guardian or other adult person having the care and custody of the child has allowed or permitted such violation of Section 694.02.
(Ord. 22-95. Passed 7-18-95; Ord. 20-04. Passed 10-5-04.)
694.04 CHILDREN IN AMUSEMENT PLACES.
   (a)   No person operating a place of amusement and entertainment in the City shall permit any child to enter such place of amusement and entertainment during the hours prohibited by Section 694.02.
   (b)   Subsection (a) hereof shall not apply when the child is accompanied by their parent, guardian or other adult person having the care and custody of the child.
(Ord. 22-95. Passed 7-18-95; Ord. 12-2024. Passed 7-16-24.)
694.05 CITATION TO JUVENILE COURT FOR CURFEW VIOLATIONS.
   (a)   Any police officer may, without a warrant, take into custody any child under the age of sixteen found violating any of the provisions of Section 694.02 and detain such child for a reasonable time until the parent, guardian or other person having the care and custody of such child is notified of such violation and detention.
   (b)   A child under the age of sixteen violating any of the provisions of Section 694.02 shall be deemed a delinquent or neglected child, as defined by the laws of the State of Michigan, and shall be brought before the Juvenile Division of the Probate Court having jurisdiction over such child.
(Ord. 22-95. Passed 7-18-95; Ord. 12-2024. Passed 7-16-24.)
694.06 PURCHASE OR POSSESSION OF ALCOHOLIC LIQUOR BY MINORS; MISREPRESENTATIONS; EXCEPTIONS; VIOLATIONS.
   (a)   No minor shall purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, or have any bodily alcohol content except as permitted in this section.
   (b)   (1)   No person shall furnish fraudulent identification to a minor for the purpose of purchasing or otherwise obtaining alcoholic liquor.
      (2)   No minor shall use fraudulent identification to purchase or otherwise obtain alcoholic liquor.
   (c)   Upon determining that a youth who is not emancipated pursuant to Act 293 of the Public Acts of 1968, as amended, and who has allegedly consumed, possessed, purchased, had any bodily alcohol content, or attempted to consume, possess or purchase alcoholic liquor in violation of this section, the Police Department shall notify the parent or parents, the custodian or the guardian of the youth as required by Section 703 of Act 58 of 1998, as amended.
   (d)   This section shall not be construed to prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment, if employed by a State licensee, the Liquor Control Commission or an agent of the Liquor Control Commission, if the alcoholic liquor is not possessed for his or her personal consumption.
   (e)   The consumption of alcoholic beverages by a minor who is enrolled in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member shall not be prohibited by this section if the purpose is solely educational and a necessary ingredient of the course.
   (f)   The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue or temple is not prohibited by this section.
   (g)   Subsection (a) hereof does not apply to a minor who participates in an undercover operation in which the minor purchases or receives alcoholic liquor under and subject to the conditions set forth at M.C.L.A. 436.1703(14).
   (h)   The following individuals are not considered to be in violation of subsection (a):
      (1)   A minor who has consumed alcoholic liquor and who voluntarily presents themselves to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of M.C.L. 750.520b through M.C.L. 750.520g, committed against a minor.
      (2)   A minor who accompanies an individual who meets both of the following criteria:
         A.   Has consumed alcoholic liquor.
         B.   Voluntarily presents themselves to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of M.C.L. 750.520b through M.C.L. 750.520g, committed against a minor.
      (3)   A minor who initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
   (i)   If a minor under the age of 18 who is not emancipated under 1968 PA 293, M.C.L. 722.1 to 722.6, voluntarily presents themselves to a health facility or agency for treatment or for observation as provided under subsection (h) of this section, the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency.
   (j)   In a criminal prosecution for the violation of subsection (a) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where the consumption is legal.
(Ord. 1-01. Passed 1-16-01; Ord. 17-04. Passed 8-17-04; Ord. 12-3. Passed 7-3-12; Ord. 12-2024. Passed 7-16-24.)
694.07 PRELIMINARY BREATH TESTS. (REPEALED)
   (EDITOR'S NOTE: Section 694.07 was repealed by Ordinance 12-3, passed July 3, 2012.)
694.08 SALE OF TOBACCO PRODUCTS TO MINORS; DEFENSES
   (a)   No person shall sell, give or furnish any tobacco product to a minor. This subsection does not apply to the handling or transportation of a tobacco product by a minor under the terms of that minor's employment.
   (b)   A person who sells tobacco products retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Michigan Department of Community Health which is in compliance with M.C.L.A. 722.641(2) and (3), and includes the following statement: "The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties."
   (c)   It is an affirmative defense to a violation of this section 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, or alternative nicotine products, as applicable, to individuals less than 21 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 both the court and the office of the City Attorney, not less than fourteen days before the date initially set for trial. The office of the City Attorney may offer testimony to rebut the affirmative defense described in this subsection by filing and serving a notice of rebuttal, in writing, upon both the court and the defendant. Such notice of rebuttal shall be served not less than seven days before the initial date set for trial, and shall contain the name and address of each rebuttal witness.
(Ord. 1-01. Passed 1-16-01; Ord. 16-06. Passed 9-5-06; Ord. 12-2024. Passed 7-16-24.)
694.09 USE, POSSESSION AND PURCHASE OF TOBACCO PRODUCTS BY MINORS; DEFENSES.
   (a)   No minor shall possess or attempt to possess a tobacco product; or use a tobacco product in a public place.
   (b)   No minor shall purchase, attempt to purchase or otherwise obtain or attempt to obtain, tobacco products. No minor shall use or offer fraudulent identification or fraudulent proof of age to purchase, attempt to purchase, possess, attempt to possess, or otherwise obtain or attempt to obtain, tobacco products.
   (c)   This section does not interfere with the right of a parent or legal guardian in the rearing and management of his or her minor children or wards within the bounds of his or her own private premises.
   (d)   This section does not apply to the handling or transportation of a tobacco product by a minor under the terms of that minor's employment. This section does not apply to a minor participating in an undercover operation or compliance checks under the conditions set forth and as authorized by state statute.
(Ord. 1-01. Passed 1-16-01; Ord. 16-06. Passed 9-5-06; Ord. 12-2024. Passed 7-16-24.)
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