ORDINANCE #6-2015 Curfew

ORDINANCE #6-2015

VILLAGE OF BARRYTON

ORDINANCE FOR THE CURFEW OF MINOR CHILDREN

 

Section 1 Purpose

To establish a curfew for minor children in and for the Village of Barryton

Section 2 Curfew for children under 12 years old

No minor under the age of twelve (12) shall loiter, idle, or congregate in or on any public street, highway, alley or park in the Village of Barryton between the hours of ten o’clock (10) p.m. and six o’clock (6) a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.

Section 3 Curfew for minors under the age 16

A minor under the age of 16 shall not loiter, idle or congregate in or on any public street, highway, alley or park in the Village of Barryton between the hours of twelve (12) midnight and six o’clock (6) a.m., immediately following, except where the minor is accompanied by a parent or guardian, or an adult delegated by the parent or guardian to accompany the minor, or where the minor is upon an errand or other legitimate business directed by his/her parents or guardian.

Section 4: Aiding a Minor in Violation of Curfew Law

MCL 722.753 provides for a misdemeanor charge for any person age 16 or over who aids a person under age 16 in breaking the curfew law. Any person of the age of 16 years or over assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 16 years to violate the provisions of sections 2 and 3 hereof is guilty of a misdemeanor.

Section 5 Penalties

Any minor who violates Section 2 or Section 3 shall be subject to the following minimum penalties which shall be assessed in addition to any other lawful sentence the Court may impose.

1.For a first violation, a Village Civil Infraction of $50.

2.For a second offense, a fine of $100, and a Juvenile Petition filed with Probate Court

3.For a third or subsequent violation, a fine of $250 and a Juvenile Petition filed with Probate Court

Section 6 Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Section 7 Notice to be published

The Village clerk shall publish this ordinance in the manner required by law

 

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the ___April 8, 2015___ council meeting and cause the same to be published as required by law.

Yeas__5__  Nays___0____      Ordinance declared Adopted

Published ____April 17, 2015     Effective Date ________May 8, 2015

 

 

____Jennifer Trelfa_______________

Village Clerk

 

______Deb Buehner_________________

Village President