(A) Title. This section shall be known and may be cited as the “Holly Custodial and Minor Curfew Ordinance”.
(1984 Code, § 4-01-01-010)
(B) Curfew for minors 13 and under.
(1) It shall be unlawful for any minor 13 years of age or younger to loiter, idle, wander, stroll, or play in or upon the public streets, highways, alleys, roads, parks, playgrounds, or other public grounds, public places, or public buildings, places of amusement or entertainment, vacant lots, or any other unsupervised place between the hours of 10:00 p.m. and 6:00 a.m., unless said minor is accompanied by a parent or guardian or some adult delegated by the parent or guardian to accompany said minor.
(2) It shall be unlawful for any minor who has reached the age of 14 or who is any age between 14 years of age and 17 years of age to loiter, idle, wander, stroll, or play in or upon the public streets, highways, alleys, roads, parks, playgrounds, or other public grounds, public buildings, places of amusement or entertainment, vacant lots, or any other unsupervised place between the hours of 12:00 midnight and 6:00 a.m., except where said minor is accompanied by a parent or guardian or some adult delegated by the parent or guardian to accompany said minor, or where the minor is on an emergency errand of other legitimate business directed by his or her parent or guardian.
(3) A citation for violation of divisions (B)(1) and (B)(2) above may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B)(3) apply. It is a defense to a violation under this section that the person engaged in the prohibited conduct while:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in the interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official, school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor;
(h) 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
(i) Married or has been married or had disabilities of minority in accordance with state law.
(4) Each violation of the provisions of this section shall constitute a distinct and separate offense.
(1984 Code, § 4-01-01-020)
(C) Parental, custodial responsibility.
(1) (a) Any parent, legal guardian, or legal custodian, or other person having the responsibility or care or custody of any minor child under the age of 17 years of age who shall assist, aid, abet, allow, permit, or encourage said minor to violate the provisions of division (B) above, either by overt act, by failing to act, or by lack of supervision and control over said minor, is guilty of a misdemeanor.
(b) The fact that a minor under 13 years of age or under 17 years of age is apprehended while on the public street, highway, alley, park, school, or other place normally open to the public during the hours defined in division (B) above shall be prima facie evidence of a violation of this section on the part of the parent, legal guardian or custodian, or other person having the care or custody of said minor.
(2) Each violation of the provisions of this section shall constitute a distinct and separate offense.
(1984 Code, § 4-01-01-030)
(D) Violations. Any minor violating the provisions of division (B) above shall be dealt with in accordance with the juvenile division of the Probate Court as defined by M.C.L.A. § 712A.2 and the statutes in such case made and provided.
(1984 Code, § 4-01-01-040)
(Ord. 6, passed 3-15-1966; Ord. 143, passed 7-24-1984; Ord. 168, passed 2-9-1988; Ord. 215, passed 8-27-1991) Penalty, see § 130.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Any spirituous, vinous, malt, or fermented liquor, liquids, or compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of 1% or more of alcohol by volume which are fit for use for beverage consumption. The term includes by way of example, and not by way of limitation, beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink and mixed spirit drink.
ANY BODILY ALCOHOL CONTENT. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
DILIGENT INQUIRY. A diligent good faith effort to determine the age of a person, which includes at least an examination of an official state operator's or chauffer's license, an official state personal identification card, or any other bona fide picture identification which establishes the identity and age of the person.
EMERGENCY MEDICAL SERVICES PERSONNEL. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
HEALTH FACILITY OR AGENCY. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
PERSON. An individual, firm, partnership, limited partnership, association, limited liability company, or corporation.
PRIOR JUDGMENT. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
(1984 Code, § 4-01-02-005)
(B) Selling or furnishing alcoholic liquor to minors.
(1) It shall be unlawful for a person to knowingly sell or furnish alcoholic liquor to a minor, or to fail to make diligent inquiry as to whether the person is a minor, or to fail to make diligent inquiry as to whether the person is a minor, except if the violation is the result of an undercover operation in which the minor received alcoholic liquor under the direction of the State Police, the State Liquor Control Commission, or the Village Police Department as part of an enforcement action.
(2) (a) For violations that occur in an establishment that is licensed by the State Liquor Control Commission for consumption of alcoholic liquor on the licensed premises, a licensee or the clerk, agent, or employee of a licensee shall not be charged with a violation of the section, unless the licensee or the clerk, agent, or employee of the licensee knew or should have reasonably known with the exercise of due diligence that a person less than 21 years of age possessed or consumed alcoholic liquor on the licensed premises and the licensee or clerk, agent, or employee of the licensee failed to take immediate corrective action.
(b) A licensee shall not be charged with a violation of this division (B)(2), unless all of the following occur:
1. Enforcement action is taken against the minor who purchased or attempted to purchase, consumed or attempted to consume, or possessed or attempted to possess alcoholic liquor;
2. Enforcement action is taken under this section against the person 21 years of age or older who is not the retail licensee or the retail licensee’s clerk, agent, or employee who sold or furnished the alcoholic liquor to the minor; and
3. Enforcement action under this section is taken against the clerk, agent, or employee who directly sold or furnished alcoholic liquor to the minor.
(c) Proof that the defendant or the defendant’s agent or employee demanded and was shown, before furnishing alcoholic liquor to a minor, a motor vehicle operator’s or chauffeur’s license or a registration certificate issued by the federal selective service, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action brought under this section.
(1984 Code, § 4-01-02-010)
(C) Conduct of minors
(1) A minor, being a person under the age of 21, shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided herein.
(2) This chapter does not apply to:
(a) A minor who possesses alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the Michigan Liquor Control Act, by the Michigan Liquor Control Commission, or by an agent of the Michigan Liquor Control Commission, if the alcoholic liquor is not possessed for his or her personal consumption;
(b) A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself 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 Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, M.C.L.A. 750.520b to 750.520g, committed against the minor.
(c) A minor who accompanies an individual who meets both of the following criteria:
1. Has consumed alcoholic liquor; and
2. Voluntarily presents himself or herself 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 Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, M.C.L.A. 750.520b to 750.520g, committed against a minor.
(d) 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.
(e) A minor who consumes alcoholic liquor while 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, if the purpose of the consumption is solely educational and is a requirement of the course.
(f) A minor who consumes sacramental wine in connection with religious services at a church, synagogue, or temple.
(g) A minor who participates in an undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(h) A minor who participates in an undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the state police, the Michigan Liquor Control Commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the state police, the Michigan Liquor Control Commission, or the local police agency and was not part of the undercover operation.
(i) A minor having any bodily alcohol content as a result of consuming alcoholic liquor in a venue or location where that consumption is legal.
(3) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request that individual to submit to a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a state civil infraction proceeding or criminal prosecution to determine if the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
(1984 Code, § 4-01-02-020)
(Ord. 124, passed 12-8-1981; Ord. 241, passed 12-7-1993; Ord. 378, passed 1-19-2006; Am. Ord. 451, passed 2-13-18)
It shall be unlawful for any person by any act or word to 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 Public Act 288 of 1939, being M.C.L.A. § 712A.2, as added by Public Act 54 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.
(1984 Code, § 4-01-03-010) (Ord. 412, passed 1-18-2012)
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