Loading...
This subchapter does not apply to a minor who is:
(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 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 had been married or had disabilities of minority removed in accordance with state law.
(A) Purpose. This section is declared necessary for the preservation of the public peace, health, safety and welfare of the people of the village and is intended to address situations where parents have failed to act responsibly and reasonably in the supervision of their minor children to the detriment of the general public.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELINQUENT ACTS. Those acts which violate the laws of the United States, or the statutes of the state or the village of those which would cause or tend to cause the minor to come under the jurisdiction of the juvenile division of the probate court, as defined by M.C.L. § 712A.2.
HABITUAL OFFENDER. One who commits two or more criminal acts or a combination of four or more criminal acts and/or moving traffic violations within a 12-month period.
MINOR. Any person under the age of 18 years residing with a parent.
PARENT. Mother, father, legal guardian and any person having the care or custody of a minor or any person acting in the parent's stead who have custody or control over the minor.
(C) Parental duties.
(1) It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
(2) Included (without limitation) in this continuous duty of responsible parental control are the following duties:
(b) To require the minor to attend regular school sessions and to prohibit and forbid the minor from being absent from class without permission;
(c) To arrange proper supervision for the minor when the parent is absent;
(d) To take the necessary precautions to prevent the minor from maliciously or willfully destroying real, personal or mixed property which belongs to the village or is located in the village; and
(e) To forbid the minor from keeping stolen property, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor when necessary.
(D) Notification of parents; record of notification.
(1) Whenever a minor is arrested or detained for the commission of any delinquent act within the village, the parent shall be immediately notified by the Village Police Department, advising the parent of the arrest or detention, the reason therefor and the parent's responsibility under this section.
(2) A record of the notification shall be kept by the Village Police Department.
(Ord. passed 5-7-2001) Penalty, see § 130.99
ASSAULT AND BATTERY
(A) A person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor.
(B) An individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has had a child in common or a resident or former resident of his or her household is guilty of a misdemeanor.
(Ord. passed 5-20-2002) Penalty, see § 130.99
(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Parental responsibility.
(1) If a minor commits a delinquent act, the parent shall be guilty of a violation of § 130.20 if it is proven that any act, word or nonperformance of parental duty by the parent encouraged, contributed toward or intended to cause the commission of the delinquent act by the minor.
(2) Upon the first conviction of a violation of § 130.20, the parent shall be subject to a fine of not less than $75 or more than $100.
(3) Upon the second conviction of a violation of § 130.20, the parent shall be subject to a fine of not less than $100 or more than $500 and in addition, shall be sentenced to probation with the condition that the parent participate in, through completion, a court approved commonly based treatment program (such as parenting skills, family services, employment training and the like) or, in the discretion of the court, be imprisoned for a period of not less than 15 days or more than 30 days.
(4) Upon the third or subsequent violation and conviction, the parent shall be subject to a fine of not less than $250 or more than $500, and in the discretion of the court, imprisoned for a period of not less than 15 days nor more than 90 days.
(C) Assault and battery.
(1) A person who is guilty of a violation of § 130.30(A) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both.
(2) A person who is guilty of a violation of § 130.30(B) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
(Ord. passed 5-7-2001; Ord. passed 5-20-2002)