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For the purpose of this article, the following definitions apply:
DELINQUENT ACTS. Those acts which violate the laws of the United States, the laws of the State of Michigan or the ordinances of the City of Flint; those acts which cause or would tend to cause the minor to come under the jurisdiction of the Juvenile Division of the Probate Court as defined by MCLA § 712A.2: or those acts by which the minor intentionally causes physical harm to another or deliberately creates an unreasonable risk of physical harm to himself or herself or to others. DELINQUENT ACTS do not include traffic violations.
DRUGS. Any controlled substance as defined now or hereafter by the Public Health Code for the State of Michigan. Currently, such substances are defined in part 72 of the Health Code, being MCLA §§ 333.7201 et seq.
MINOR. Any unemancipated person under seventeen (17) years of age.
PARENT. A mother, father or legal guardian of a minor who has the responsibility for the health, welfare, care, maintenance and supervision of the minor at the time the delinquent act is alleged to have been committed by the minor.
(Ord. 3272, passed 3-14-1994)
Statutory reference:
Probate Code; Authority and jurisdiction of court, see MCLA 712A.2
Public Health Code, see MCLA 333.7201 et seq.
(a) The parent of any minor has a continuous responsibility to exercise reasonable control and supervision over the minor to prevent the minor from committing or participating in the commission of any delinquent act.
(b) The parental responsibility to exercise reasonable control includes the following duties, set forth for the purposes of illustration and not limitation:
(1) To keep drugs 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.
(2) To keep firearms out of the possession of the minor except those used for hunting in accordance with local ordinance and State law and with the knowledge and supervision of a parent.
(3) To know the curfew ordinance of the City of Flint and to require the minor to observe the curfew ordinance.
(4) To prevent the minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including that belonging to the City of Flint.
(5) To prevent the minor from engaging in theft of property or keeping in his or her possession property known to be stolen.
(Ord. 3272, passed 3-14-1994)
Whenever a minor is arrested or detained by the City of Flint Police Department for the commission of any delinquent act, the parent of the minor shall be notified as soon as reasonably possible by the City of Flint police of the minor’s arrest or detention and the reason therefor, and of the parent’s responsibility under this section.
(Ord. 3272, passed 3-14-1994)
(a) A minor who is at least six (6) years of age and under sixteen (16) years of age and who has not completed the twelfth grade may not be upon any public property or public right-of-way during regular school hours except while attending school as required by MCLA §§ 380.1561 to 380.1599, unless the minor is:
(1) Absent from the school with the school’s permission, but not including students who have been suspended or expelled; or
(2) Engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours, and which is authorized by the parent, guardian, or other person having legal care and custody of the minor; or
(3) Lawfully emancipated pursuant to MCLA §§ 722.1 to 722.6; or
(4) Exempt from compulsory school attendance pursuant to MCLA § 380.1561.
(b) If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to detain the minor and make reasonable inquiry regarding a potential violation of subsection (a) of this section.
(c) If a police officer determines that a minor is in violation of this section, the officer is authorized to take the minor into protective custody and do one of the following:
(1) Take the minor back to his/her assigned school; or
(2) If the minor is eleven (11) and under sixteen (16) years old and not formally enrolled in school or expelled or suspended, or in need of social services, the minor will be taken to an appropriate facility for minors eleven (11) and under sixteen (16) years old; or
(3) If the minor is six (6) to ten (10) years of age, and cannot be taken back to school, the minor will be given a ride to the minor’s parent or guardian.
(d) The minor’s parent or guardian and the minor’s school shall receive a notification ticket relative to the violation.
(Ord. 3687, passed 2-26-2007)
ASSIGNED SCHOOL. The location where a student is registered to attend, during compulsory school time when the class or activity is in session or the student is dealing with school business.
AUTHORIZATION. A permission slip given by a school authority to excuse a student from being in the usual assigned school location in accordance with school policy or a note from the parent or guardian giving permission for the student to be absent from school. The permission slip must be in the immediate possession of the student at all times when not at the assigned school location during school hours.
COMPULSORY SCHOOL AGE MINOR. A person not less than six (6) and under sixteen (16) years of age that is not exempted and must be attending a public or regularly established private school during the school year of the district in which the minor resides.
GUARDIAN.
(1) A person who, under Court Order, is the guardian of the person or minor; or
(2) A public or private agency with whom a minor has been placed by Court action.
MINOR. Any unemancipated person under the age of seventeen (17) years of age.
PARENT. A person who is:
(1) A natural parent, adoptive parent or step-parent who has the responsibility for the health, welfare, care, maintenance and supervision of a minor; or
(2) Another person, at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
REGULAR SCHOOL HOURS. The hours of the full-time school that the minor would attend in the school district where the minor resides on any day that school is in session; or, if the school in the school district of residence is unknown, REGULAR SCHOOL HOURS are the school hours of the Flint Public School District, on any day that the school is in session.
TRUANCY. The act or condition of being absent from school without permission. An unapproved absence from school.
(Ord. 3687, passed 2-26-2007)
(a) If the minor of a guardian or parent residing within the City commits a delinquent act, the guardian or parent shall be guilty of a violation of this article if:
(1) It is proven that any act, word or non- exercise of parental responsibility by the guardian or parent encouraged, caused or allowed to occur the commission of the delinquent act by the minor; or
(2) It is proven that the guardian or parent knew or reasonably should have known that the minor was likely to commit a delinquent act, but failed to take timely and appropriate action to prevent the commission of the delinquent act by the minor. If at any time within forty-five (45) days following the giving of notice as provided by § 31-5.3 above, the minor to whom said notice related or applied as to the delinquent act as defined in this article, it shall be a rebuttable presumption that the minor committed the delinquent act with the knowledge, allowance, permission or sufferance of the guardian or parent.
(b) Any person in violation of §§ 31-5.1 through 31-5.4 shall be guilty of a misdemeanor, and upon conviction may be ordered to perform twenty (20) hours of community service and, in addition, shall be subject to a fine not to exceed five hundred dollars ($500.00) or ninety (90) days in jail, or both fine and jail in the discretion of the Court.
(Ord. 3272, passed 3-14-1994; Ord. 3687, passed 2-26-2007)
Statutory reference:
Revised School Code, see MCLA 380.1561 et seq.
Status of Minors and Child Support, see MCLA 722.1 et seq.
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, or cause or permit any minor child to engage in any occupation that would be likely to endanger the minor child’s health or deprave the minor child’s morals, or to habitually permit the child to frequent the company of or consort with reputed thieves or prostitutes, whether or not such child in fact be adjudicated a ward of the Probate Court shall be guilty of a violation of this ordinance.
(Ord. 1662, passed 1-22-1962; Ord. 2319, passed 3-13-1972)
Statutory reference:
Similar State law, see MSA § 28.340
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