(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