(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELINQUENT ACTS. Acts which violate the laws of the United States, or the statutes of the state or the ordinances of the village or those acts 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.A. § 712A.2, but does not include traffic violations.
ILLEGAL DRUGS. Controlled substances obtained without a legal prescription.
JUVENILE DELINQUENT. Minors whose behavior interferes with the rights of other or menaces the welfare of the community.
MINOR. Any person under the age of 18 years residing with a parent.
PARENT. Mother, father, legal guardian and any other person having the care or custody of a minor or any person acting in the parents’ stead who has custody or control of the minor.
(B) 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 reasonable parental control are the following parental duties:
(a) To keep illegal drugs or illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor;
(b) To know the curfew ordinance of the village (Ord. 35 - codified herein as § 130.35) and to require the minor to observe the curfew ordinance;
(c) To require the minor to attend regular school sessions and to forbid the minor to be absent from class without parental or school permission;
(d) To arrange proper supervision for the minor when the parent must be absent;
(e) To take the necessary precautions to prevent the minor from maliciously or willfully damaging or destroying any real, personal or mixed property which belongs to the village, or is located in the village; and
(f) 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.
(C) 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 of the minor shall be immediately notified by the village, advising the parent of such arrest or detention, the reason therefor and the parent’s responsibility under this section.
(2) A record of such notifications shall be kept by the Police Department.
(D) Parental violation. If a minor commits a delinquent act, the parent shall be guilty of a violation of this section if it is proven that any act, word or non-performance of parental duty by the parent encouraged, contributed toward, caused or tended to cause the commission of the delinquent act by the minor.
(E) Restitution. In addition to any civil penalty imposed pursuant to this section, the court may order the parent to pay any restitution to a victim of the minor’s conduct. The amount of the restitution ordered pursuant to this section shall not exceed $2,500.
(Ord. 125, passed 5-14-1997) Penalty, see § 130.99