86-316 Reserved.

Editor’s note—Ord. No. 2191, § 1, adopted Jan. 15, 2006, repealed § 86-316, which pertained to defacing of property (graffiti) and derived from Ord. No. 2050, § 1, adopted Nov. 21, 1996. The user’s attention is directed to § 86-207.

86-317 Purchase or possession of spray paint by minors.

(a)    As used in this section, the term “spray paint” means any container of paint, varnish, lacquer stain or similar substance commonly used in painting and applied by a spraying method or similar technique.

(b)    Except as otherwise provided, a person under 18 years of age shall not possess, buy, or give to another any spray paint.

(c)    Except as otherwise provided, a person shall not sell or give spray paint to another person under 18 years of age. However, a person may sell or give spray paint to a person under 18 years of age for lawful uses if the juvenile exhibits the written consent therefor of his or her parent or guardian.

(d)    If a person under 18 years of age exhibits the written consent of his or her parent or guardian, the person selling or giving the spray paint to the juvenile shall record the name, address, sex, and age of the juvenile, and the name and address of the consenting parent or guardian. All data required by this subsection shall be kept in a permanent register available for inspection by the police department for a period of at least six months.

(Ord. No. 2050, § 1, 11-21-96)

86-318 Curfew for minors.

(a)    Curfew restrictions and hours.

(1)    As used in this section, “public place” means any street, highway, alley, park, public building or place of business or assembly open to or frequented by the public, or any other place which is open to the public view or to which the public has access.

(2)    A minor under 12 years of age shall not be in a public place, either on foot or using a means of conveyance, between the hours of 9:00 p.m. and 6:00 a.m., or a minor under 17 years of age shall not be in any public place, either on foot or using a means of conveyance, between the hours of 11:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent or guardian or some adult above 21 years of age delegated by the parent or guardian to accompany the minor, or where the presence of the minor in the public place is required by some legitimate work, trade, profession, occupation or other legitimate business directed by his or her parent or guardian.

(b)    Exemptions. This section does not apply to a minor in a public place who is attending supervised recreational, school or church activities, going to or from a place of employment or is engaged in the activities of a newspaper carrier.

(c)    Curfew enforcement. A parent, guardian, or other person having the care or custody of any minor shall not permit, allow, or encourage such minor to violate the city curfew.

(Ord. No. 2050, § 1, 11-21-96)

86-319 Parental responsibility.

(a)    Compulsary school attendance.

(1)    Purpose. This section shall be liberally construed to encourage and compel the exercise of parental control in a continuous and consistent manner to reduce unauthorized absences of school children, and prevent the neglect of parental responsibility in the enforcement of the state law requiring school attendance, MCLA 380.1561.

(2)    Failures in school enrollment and attendance.

a.    Parental responsibility. Every parent, guardian, or other person who has legal custody or acts in loco parentis and has control of a child who is between six and 16 years of age shall exercise supervision to ensure that such child is enrolled in and attends school during the entire school year. Such attendance at school shall be continuous and consecutive for the school year as established by the school district.

b.    Enrollment. A child whose birth date occurs before December 1 shall be enrolled on the first school day of the school year in which the child’s sixth birthday occurs. A child whose sixth birthday occurs on or after December 1 shall be enrolled on the first school day of the following school year.

c.    School calendar year. If the school district should thereafter maintain school during the entire calendar year, and divide the school year into quarters, a child’s attendance shall not be compelled for in excess of three quarters in any one calendar year. A child shall not, without excuse, be absent two consecutive quarters.

d.    Parental control. An enrolled child between the ages of six and 16 shall not be absent from school without the knowledge and consent of his or her parent or guardian. A parent or guardian shall maintain sufficient supervisory control over a child in his or her custody so as to be informed of unexcused absences from school by his or her child.

e.    Mandatory parental conference. When the local board of education learns that a child between the ages of six and 16 is not enrolled and not attending school, or is enrolled but, without good cause or excuse, is consistently absent from school or habitually tardy, the superintendant of schools, by official notice citing this article, shall invite the truant child’s parents, guardians, or person serving in loco parentis to attend a conference to correct the unauthorized absence, truancy or willful nonattendance. Such invitation may be sent by regular mail, with confirmation by telephone. The superintendant or a designated administrator shall attend the conference and attempt to determine and eliminate the cause of any consistent absence.

f.    Notice of conference. If the written invitation of the superintendent or a designated administrator does not result in a conference with the parent, guardian or person having custody of the child, a notice of conference shall be sent by certified mail (return receipt requested), designating the time and place of the required parental conference. Certified mailing of this notice of conference shall be obtained and filed as a precondition of further proceedings under this article.

g.    Refusal to attend conference. A parent, guardian, or person serving in loco parentis as to any delinquent, absent, or nonattending school-age child shall not deliberately ignore, without just cause, such request for a parental conference.

h.    Neglect or refusal to send child to school. If a parental conference does not result in satisfactory attendance, or if there is a parental refusal to attend a conference, a hearing may be scheduled, upon the verified complaint of the superintendent, or designee, through appropriate city offices, before the district court for inquiry into the causes and circumstances of the persistent absences or nonattendance of a child, and of the failure of such parent, guardian, or person acting in loco parentis to eliminate unauthorized absences of such child. A district court finding of neglect or deliberate refusal to send a child to school, for knowing encouragement of or permission for a child’s repeated absences or habitual tardiness, shall be a misdemeanor punishable as provided in section 1-25 of this Code, together with reimbursement of all costs associated with the action.

(b)    Reserved.

(c)    Parents’ responsibility for damages. The city, county, state, school district, department of state person, partnership, corporation, association or an incorporated religious organization may recover damages not to exceed $2,500.00 in a civil action in a court of competent jurisdiction against the parents, custodial parent, or other person having legal custody of an unemancipated minor living with him or her, who has maliciously or willfully destroyed real, personal, or mixed property, in the city, which belongs to any of the above entities or who has maliciously or willfully caused bodily harm or injury to a person in the city. This shall not limit damages in cases where the parent or guardian takes active participation in the destruction.

(Ord. No. 2050, § 1, 11-21-96)

86-320 Contribution to the neglect or delinquency of minors.

(a)    A person 17 years or older shall not by any act or word encourage, contribute toward, cause or tend to cause any minor under 17 years of age to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, whether or not such child shall in fact be adjudicated a ward of the probate court.

(b)    A person 17 years or older having control of any residence or premises shall not allow any social gathering or party at the residence or premises if any alcoholic beverage or illegal drug is possessed or consumed there by any minor, if the person of age knew or reasonably should have known of the possession or consumption, and if the adult failed to take reasonable steps to prevent the possession or consumption. This subsection shall not apply to legally protected religious or educational activities.

(Ord. No. 2050, § 1, 11-21-96)

86-32186-330 Reserved.


Editor’s note—Ord. No. 2050, § 1, adopted Nov. 21, 1996, repealed the former Art. VIII, §§ 86-316—86-320, 86-331—86-333, 86-346 and 86-347, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter and derived from Code 1985, §§ 15-1—15-17.