CITY OF BRIDGMAN
COUNTY OF BERRIEN
STATE OF MICHIGAN
AN ORDINANCE TO ASSESS RESPONSIBILITY
FOR SUPERVISION OF MINORS
ORDINANCE NO. 159
An Ordinance to assess responsibility for the reasonable supervision of minors and to impose penalty for failure to comply herewith:
THE CITY OF BRIDGMAN ORDAINS
Section 1. Purpose.
This Chapter is declared necessary for the preservation of the public peace, health, safety, and welfare of the people of the City of Bridgman, and is intended to address situations where persons responsible for the care, supervision and well being of minors have failed to act responsibly and reasonably in the care, supervision and well being of said minor children, to the detriment of the general public.
Section 2. Definitions.
As used in this Chapter;
(a) Delinquent Act means an act which violates the laws of the United States, or the statutes of the state of Michigan or the ordinances of the City of Bridgman, or an act which would cause the minor to come under the jurisdiction of the juvenile division of the Probate Court as defined by MCLA 712A.2, but a civil infraction traffic violation shall not be considered a delinquent act under this Chapter.
(b) Minor means any unemancipated person under the age of seventeen (17) years.
(c) Responsible Person means mother, father, legal guardian, a person in loco parentis or any other person charged with the supervision, care or well being of a minor, or any person having the care or custody of a minor, or any person seventeen (17) years of age or older with whom the minor resides.
(d) 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 Public Health Code, being sections 333.7201 et seq., of the Michigan Compiled Laws.
Section 3. Duties.
(a) It is the continuous duty of the Responsible Person to exercise reasonable control to prevent the minor from committing any delinquent act.
(b) No Responsible Person shall fail to exercise reasonable control over such minor. The continuous duty to exercise reasonable control of any minor shall include, but is not limited to, the following:
(1) Keeping 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.
(2) Keeping firearms out of the possession of the minor except those used for hunting in accordance with local ordinance and state law and with the knowledge and supervision of a Responsible Person.
(3) Requiring the minor to observe the curfew ordinance of the City of Bridgman.
(4) Requiring the minor to attend regular school sessions and forbidding the minor to be absent from class without parental or school permission.
(5) Arranging proper supervision for the minor when the Responsible Person must be absent.
(6) Preventing the minor from maliciously or willfully destroying any property which belongs to any other person.
(7) Forbidding the minor from possessing stolen property or possessing or consuming alcoholic beverages.
(8) Seeking help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
(9) Assisting and cooperating with governmental authorities in their efforts to handle or control the minor, including production of the minor for juvenile court appointments and hearings.
Section 4. Aiding and Abetting Delinquent Acts.
Any person who shall by any act, omission, or by any word, procure, counsel, aid, abet, encourage, contribute toward, cause or tend to cause any minor to become delinquent so as to come under or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in MCL 712A.2, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.
Section 5. Notification of Responsible Person; Record of Notification.
(a) Whenever a minor is arrested or detained for the commission of any delinquent act within the City of Bridgman, the Bridgman Police Department shall immediately attempt to notify the Responsible Person of such arrest or detention, the reason therefor, and the Responsible Party’s obligations under this Chapter.
(b) A record of such notification efforts shall be kept by the Bridgman Police Department.
Section 6. Penalties.
(a) Upon the first conviction for a violation of any provision of this Chapter, the Court shall impose a fine and/or a jail term as provided for in this Code and any other costs or fees permitted or required by law. In addition to such fine and/or jail term, the Court shall, unless it makes a specific finding that probation is inappropriate, exercise its authority to sentence the Defendant to a term of probation with such conditions as the Court deems appropriate. Such conditions may include participation in, and completion of, programs or therapies deemed appropriate by the Court in light of the facts of the particular case community service and/or work crew. Restitution shall also be required to make whole any victim or third party who has suffered financial loss in connection with the charged violation. Should the Court choose not to sentence the Defendant to a term of probation, or should the Court suspend all or any portion of a fine, costs or restitution assessed against the Defendant, the Court shall so state on the record and shall state the reason or reasons for its action. In addition to the penalties provided for in this subsection, the Court may also impose any penalties otherwise provided for by law.
(b) Upon the second or subsequent violation of any provision of this Chapter, the Court shall assess a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) in addition to any costs or fees permitted or required by law. In addition to such fines and costs, the Court may impose a jail sentence of up to ninety (90) days. The Court may in its discretion also impose any of the penalties provided for in subsection (a) of this section or otherwise permitted by law.
Section 7. Severability.
Should any section, subdivision, clause or phrase of this Chapter be declared by the courts to be invalid or unenforceable, such holding shall not affect the validity or enforceability of the Chapter as a whole or of any part thereof, other than such parts so invalidated or declared unenforceable.