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(a) Definitions. For the purposes of this section, the following definitions apply:
(1) "Delinquent acts" means acts which violate the laws of the United States, the laws of the State of Michigan or the ordinances of the City of Wayne and/or any governmental entity within the City of Wayne if these acts would cause a minor to come under the jurisdiction of the Juvenile Division of the Probate Court as defined by M.C.L.A. 712A.2(a), or those acts by which a minor intentionally causes physical harm to another or deliberately creates an unreasonable risk of physical harm to himself or herself or to others. "Delinquent acts" do not include traffic violations.
(2) "Drugs" means any controlled substance as defined now or hereafter by the Public Health Code for the State of Michigan. Currently, such substances are defined in Part 72 of the Health Code, being Section 333.7201 et seq. of the Michigan Compiled Laws.
(3) "Minor" means any unemancipated person under seventeen years of age.
(4) "Parent" means a mother, father, guardian or custodian of a minor who has the responsibility for the health, welfare, care, maintenance, control and supervision of the minor at the time the delinquent act is alleged to have been committed by the minor.
(b) Reasonable Control and Supervision Required.
(1) The parent of any minor has a continuous responsibility to exercise reasonable control and supervision over the minor to prevent the minor from committing or participating in the commission of any delinquent act.
(2) The parental responsibility to exercise reasonable control and supervision includes the following duties, set forth for the purposes of illustration and not limitation:
A. To keep all controlled substances, as defined by State statutes (illegal drugs), out of the home and out of the possession of the minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional;
B. To keep firearms out of the possession of the minor, except in connection with hunting or other lawful recreational purposes, as provided by applicable ordinances, statutes or State regulations;
C. To require the minor to observe the Curfew Law of the State of Michigan, M.C.L.A. 722.751 and 722.752, and/or any ordinance of any governmental entity within the City of Wayne;
D. To require the minor to regularly attend all school sessions and to prevent the minor from being absent from school without medical or school permission;
E. To prevent the minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including that belonging to any governmental entity within the City of Wayne; and
F. To prevent the minor from engaging in theft of property or keeping in his or her possession property known to be stolen.
(c) Notification of Parent; Record of Notification.
(1) Whenever a minor is arrested or detained by any probation officer, caseworker or law enforcement agency for the commission of any delinquent act, the parent of the minor shall be notified as soon as reasonably possible, by the arresting or detaining agency, of the minor's arrest or detention and the reason therefor, and of the parent's responsibility under this section.
(2) A record of such notification shall be kept by the arresting or detaining agency.
(d) Violations. If a minor commits a delinquent act within the City of Wayne, the parent shall be responsible for a violation of this section if:
(1) It is proven that any act, work or non-exercise of parental responsibility by the parent encouraged, caused or allowed to occur the commission of the delinquent act by the minor;
(2) It is proven that the parent knew or reasonably should have known that the minor was likely to commit a delinquent act, but failed to take timely and appropriate action to prevent the commission of the delinquent act by the minor; or
(3) It is proven that the parent who was properly notified that his or her minor child had been taken into custody for a violation of a delinquent act and would no longer be detained, failed or refused to collect said minor from the detaining agency for a period of twelve hours or more.
(e) Interpretation; Conflicts. This section sets forth minimum standards which are supplemental to the applicable laws of the State of Michigan. Where any of the provisions of this section and the provisions of any other ordinance or statute shall apply, the more restrictive provision shall prevail.
(f) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor and shall be subject to the penalty set forth in Section 202.99.
(Ord. 1996-19. Passed 6-4-96; Ord. 2001-05. Passed 3-19-01.)