[HISTORY: Adopted by the Village Council of the Village of New Haven 12-13-1994 by Ord. No. 250. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of New Haven Offenses Involving Minors and Parental Responsibility Ordinance."
In the development and execution of this chapter, it is recognized that parents have the principal responsibility of ensuring that their children are not lacking proper care. Parents must ensure their children conform to the laws of this state and local ordinances by not engaging in illegal activities. It is recognized that it is necessary to ensure that minors are not lacking proper parental care, guardianship or control so that they are not growing up in mendicancy, vagrancy or involved in criminal activity. This chapter is enacted to help parents control their children and to ensure that parents exercise proper control and care over their children so the aforementioned goals may be attained.
As used in this chapter, the following terms shall have the meanings indicated:
- A person 17 years of age or older.
- ALCOHOLIC BEVERAGE
- Any beverage containing more than 1/2 of 1% of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of MCLA § 436.2; MSA 18.972, as the same may be amended from time to time.
- Any form of regulation or dominion, including a possessory right.
- DELINQUENT ACTS or CRIMINAL ACTS
- Those acts which violate the laws of the United States, the statutes of the State of Michigan, the ordinances of the Village of New Haven 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 MCLA § 712A.2, including moving traffic violations.
- A controlled substance as defined now or hereafter by the public acts of the State of Michigan.
- HABITUAL OFFENDER
- One who commits four or more moving traffic violations or two or more other delinquent or criminal acts within a twelve-month period.
- JUVENILE DELINQUENT
- Those minors whose behavior interferes with the rights of others or menaces the welfare of the community.
- Any person under the age of 17 years residing with a parent.
- OPEN HOUSE PARTY
- A social gathering of persons at a residence or rental premises, other than the owner or those with rights of possession or their immediate family members.
- 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.
- RENTAL PREMISES
- A hotel room, motel room, hall or limousine, which is rented on a short-term basis for lodging or social functions.
- A home, apartment, condominium or other dwelling unit, whether rented or owned, and includes the curtilage of that unit.
Editor's Note: MCLA § 436.2 was repealed by P.A.1998, No. 58, § 1301, which adopted the Michigan Liquor Control Code of 1998 (MCLA §§ 436.1101 through 436.2303).
It is a continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
Included, without limitation, in this continuous duty of reasonable parental control are the following parental duties:
To keep illegal drugs or illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor;
To require the minor to attend regular school sessions and to forbid the minor to be absent from school without parental or school permission;
To arrange proper supervision for the minor when the parent must be absent; and
To take the necessary precautions to prevent the minor from maliciously or willfully destroying real, personal or mixed property which belongs to the Village of New Haven or to other residents of the Village of New Haven.
It shall be unlawful for the parent or guardian of any minor under the age of 18 years to willfully permit such minor to use or have in his/her possession any pistol, rifle, shotgun, spring gun, air gun, slingshot, bow and arrow or other weapon capable of or designed to discharge any shot, pellet or missile likely to inflict bodily injury, unless such minor shall be, at the time of his use or possession thereof, under the direct supervision and control of his parent or guardian or some other adult person. This section shall not be construed to authorize the discharge or use of any weapon or device in violation of any other ordinance.
No adult having control of any residence shall allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at the residence and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence.
No adult or owner having control of any rental premises or any adult paying or contracting for rental premises for a minor or allowing a minor to use a credit card to rent the same, shall allow an open house party to take place at said premises if any alcoholic beverage or drug is possessed or consumed at the rental premises by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at the rental premises and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the premises.
Exception. The provisions of this section shall not apply to legally protected religious observances or legally protected educational activities.
Whenever a minor is arrested or detained for the commission of any delinquent or criminal act within the Village of New Haven, the parent of the minor shall be immediately notified by the arresting or detaining authority, advising the parent of such arrest or detention, the reason therefor, and the parent's responsibility under this chapter.
A record of such notifications shall be kept by the arresting or detaining authority.
Upon the arrest of any minor for a violation of the provisions of this chapter, the arresting officer shall inquire into the facts of such arrest and the conditions and circumstances of such minor, and if it appears that such minor, for want of proper parental care, guardianship or control, is growing up in mendicancy or vagrancy, or is incorrigible, to cause the proper proceedings to be had and taken as authorized by the State of Michigan in such cases.
[Amended 1-13-2015 by Ord. No. 333]
If a minor commits a delinquent or criminal act, the parent shall be guilty of a violation of this chapter if it is proven that any act, word or nonperformance of parental duty by the parent encouraged, contributed toward, caused or tended to cause the commission of a delinquent act by the minor.
Upon conviction of a violation of this chapter, the parent shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
Upon the second conviction of a violation of this chapter, the parent shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven and, in addition, shall be sentenced to probation with the condition that the parent participate in, through completion, a court-approved, community-based treatment program (e.g., parenting skills, family services, employment and training, etc.).