(A) No minor under the age of 12 years shall loiter or congregate in or on any public street, highway, park, vacant lot, alley, plaza, or other place open to the general public within the village limits between 10:00 p.m. and 6:00 a.m..
(B) No minor between the ages of 12 years and 16 years shall loiter, idle, or congregate in or on any public street, highway, park, vacant lot, alley, plaza, or other place open to the general public within the village limits between the hours of 12:00 midnight and 6:00 a.m. on the day immediately following.
(C) Any person of the age of 16 years or over assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 16 to violate any of the provisions of divisions (A) or (B) of this section may be found responsible as an aider or abettor and subject to penalties as set forth herein.
(D) Any violation of this section shall be deemed a civil infraction as defined by M.C.L.A. § 600.113 and shall be punishable by a civil fine of not more than $100, plus costs, or in lieu of imposing a civil fine as herein provided, the court having jurisdiction may, in its discretion, provide other penalties such as screening, community service and other penalties as provided by law.
(E) It is a defense to prosecution under this section that the minor was:
(1) Accompanied by a parent, guardian, or custodian, or an adult specified by a parent, guardian, or custodian;
(2) Carrying out an errand or other lawful activity as directed by a parent, guardian, or custodian;
(3) Abroad on the streets, sidewalks or other public places of the village because of a bona-fide emergency;
(4) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(5) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A lawful athletic, educational, entertainment, religious, or social event; or
(c) Interstate travel;
(6) 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
(7) Married, or had been married, or had disabilities of minority removed in accordance with state law.
(Ord. 33, passed 12-12-93)
Statutory reference:
Similar state curfew restrictions, see M.C.L.A. §§ 722.751 et seq.