(A) Penalty for curfew violations. Any parent, guardian, or other adult person having the care or custody of a minor violating § 130.01(C), shall be guilty of a misdemeanor and, if found guilty, shall be subject to a fine of not less than 25 and not more than $500 or confined in jail for not more than 90 days, or punishment by both said fine and imprisonment for each offense and shall be responsible for all costs of prosecution.
(1984 Code, § 4-01-01-040)
(B) Alcoholic beverages.
(1) Penalty for selling or furnishing alcoholic liquor to minors. violations A retail licensee or a retail licensee’s clerk, agent, or employee who violates § 130.02(B) shall be guilty of a misdemeanor and shall be punishable by imprisonment for not more than 90 days (six months) or a fine of $500, or both. A person who is not a retail licensee or a retail licensee’s clerk, agent, or employee and who violates § 130.02(B) is guilty of a misdemeanor punishable by a fine of not more than $1,000 and imprisonment for not more than 60 days for a first offense, a fine of not more than $2,500 and imprisonment for not more than 90 day for a second or subsequent offense, and may be ordered to perform community service.
(2) Penalty for violations of conduct of minors under the alcohol control laws. A person who violates § 130.02(C) shall be subject to the following penalties:
(a) For the first violation, the minor is responsible for a state civil infraction and shall be fined not more than $100.
(b) If a violation of this ordinance occurs after one prior judgment, the minor is guilty of a misdemeanor punishable by imprisonment of not more than 30 days if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than $200, or both.
(c) If a violation of this ordinance occurs after two or more prior judgments, the minor is guilty of a misdemeanor punishable by imprisonment of not more than 60 days if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than $500, or both, as applicable.
(d) In addition to any other penalty specified herein, a court may order an individual found responsible for or convicted of violating divisions (a) through (c), above to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, M.C.L.A. 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of this ordinance to submit to a random or regular preliminary chemical breath analysis.
(3) Conduct of minors. Pursuant to § 130.02(C)(3), a minor who refuses to submit to a preliminary chemical breath test analysis is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
(1984 Code, § 4-01-02-020)
(4) Fraudulent age identification.
(a) A person who furnishes fraudulent identification to a person less than 21 years of age, is guilty of a misdemeanor punishable by 93 days in jail and/or fine of $500.
(b) A person under the age of 21 years who uses any false information or makes any false representation as to his or her age to purchase or attempt to purchase alcoholic liquor, is guilty of a misdemeanor punishable by 93 days in jail and/or fine of $500.
(1984 Code, § 4-01-02-030)
(C) Penalty for contributing to neglect or delinquency of minor. Any person violating § 130.03 shall be guilty of a misdemeanor and subject to a penalty or a fine not to exceed $500 or imprisonment of 90 days, or both.
(1984 Code, § 4-01-03-020) (Ord. 451, passed 2-13-2018)
(D) Penalty for violation of § 130.04.
(1) A person who violates § 130.04(C)(1) is guilty of a misdemeanor punishable by a fine as follows:
(a) For a first offense, not more than $100.
(b) For any subsequent offense, not more than $500.
(2) A person who violates § 130.04(C)(8) is responsible for a state civil infraction and shall be fined not more than $500.
(3) An individual who violates § 130.04(C)(9) is guilty of a misdemeanor punishable by a fine of not more than $50 for each violation. Pursuant to a probation order, the court may also require an individual who violates § 130.04(C)(9) to participate in a health promotion and risk reduction assessment program, if available. Additionally, an individual who violates § 130.04(C)(9) is subject to the following:
(a) For the first violation, the court may order the individual to do one of the following:
1. Perform not more than 16 hours of community service.
2. Participate in a health promotion and risk reduction assessment program.
(b) For a second violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 32 hours of community service.
(c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 48 hours of community service.
(4) An individual who violates § 130.04(C)(11) is responsible for a state civil infraction or guilty of a misdemeanor as follows:
(a) For the first violation, the individual is responsible for a state civil infraction and shall be fined not more than $50. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. Additionally, the court may order the individual to perform not more than 16 hours of community service.
(b) For the second violation, the individual is responsible for a state civil infraction and shall be fined not more than $50. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. Additionally, the court may order the individual to perform not more than 32 hours of community service.
(c) If a violation of § 130.04(C)(11) occurs after two or more prior judgments, the individual is guilty of a misdemeanor punishable by a fine of not more than $50 for each violation. Pursuant to a probation order, the court may also require the individual to participate in a health promotion and risk reduction assessment program, if available. Additionally, the court may order the individual to perform not more than 48 hours of community service.
(E) Penalty for violations of parental duties.
(1) No parent of any minor under the age of 18 years shall fail to exercise reasonable parental control over such minor.
(3) A parent violating any provision of § 130.05, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of $500, or both.
(1984 Code, § 4-01-05-030)
(Ord. 6, passed 3-15-1966; Ord. 124, passed 12-8-1981; Ord. 143, passed 7-24-1984; Ord. 168, passed 2-9-1988; Ord. 241, passed 12-7-1993; Ord. 378, passed 1-19-2006; Ord. 412, passed 1-18-2012; Ord. 420, passed 10-31-2012; Ord. 433, passed 3-18-2015; Ord. 458, passed 3-10-2020)