Police Chief Activates Special Events Curfew during Back to the Bricks

Flint Police Chief Timothy Johnson has ordered the City’s Special Public Events Curfew Ordinance to be in effect from Wednesday, August 16, 2017 until Saturday, August 19, 2017. The curfew applies to minors under 17 years of age. The Curfew hours of 6:00 p.m. to 6:00 a.m. will be in effect each day of the Back to the Bricks festivities in downtown Flint. The designated event area for this ordinance includes 5^th Avenue south to I-69, and southbound Chavez to Church Street in Flint.

“We want to do everything we can to promote a safe and orderly environment during Back to the Bricks,” said Chief Johnson. “The Flint Police Department would like Flint residents, visitors and those participating in this great event to enjoy the festivities knowing that enforcement measures are in place to help keep everyone safe so people can come out, and just have a good time.”

ORDINANCE NO. § 31-9.4 SPECIAL PUBLIC EVENTS CURFEW – MINORS UNDER 17 YEARS OF AGE 

(A) THE PRESENCE OF UNSUPERVISED MINORS UNDER THE AGE OF 17 AT CERTAIN SPECIAL PUBLIC EVENTS CREATES A PUBLIC NUISANCE AND HEALTH AND SAFETY HAZARD. UNSUPERVISED MINORS CREATE DISORDERLY AND DANGEROUS SITUATIONS AT SUCH EVENTS.  THERE IS A NEED TO RESTRICT THE PRESENCE OF UNSUPERVISED MINORS AT SUCH EVENTS AS THE CHIEF OF POLICE SHALL DEEM NECESSARY FROM TIME TO TIME TO PRESERVE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

THE PROVISIONS OF THIS SECTION SHALL EXTEND THE CURFEW HOURS FOR MINORS UNDER THE AGE OF 17 DURING SPEICAL PUBLIC EVENTS AS DEEMED NECESSARY BY THE CHIEF OF POLICE TO PROTECT THE HEALTH, SAFTEY AND WELFARE OF THE PUBLIC.

(B) DURING SPECIAL PUBLIC EVENTS, FROM 6:OO P.M. TO 6:00 A.M. , IT SHALL BE UNLAWFUL FOR AN UNSUPERVISED MINOR UNDER THE AGE OF 17 YEARS TO BE ON DESIGNATED PUBLIC PLACES  SPECIFICALLY IDENTIFIED IN A PUBLIC NOTICE BY THE CHIEF OF POLICE.

(C) IF A MINOR IS IN VIOLATION OF THE SPECIAL PUBLIC EVENTS CURFEW IT WILL BE PRIMA FACIE EVIDENCE THAT THE MINOR’S PARENT OR GUARDIAN IS IN VIOLATION OF THEIR PARENTAL RESPONSIBILITY TO EXERCISE REASONABLE CONTROL AND SUPERVISION OVER THE MINOR CHILD

(D) A PARENT OR GUARDIAN WHO VIOLATES SUBSECTION (C) IS GUILTY OF FAILURE TO MEET THEIR PARENTAL RESPONSBILITY TO ENSURE THEIR MINOR CHILD COMPLIES WITH THE SPECIAL PUBLIC EVENTS CURFEW.

(E) ANY INDIVISUAL FOUND RESPONSIBLE FOR A VIOLATION OF § 31-9.4 SHALL PAY A TWO HUNDRED AND FIFTY DOLLAR ($250.00) FINE AND WILL BE SUBJECT TO COSTS IN THE AMOUNT OF THE ACTUAL COST TO THE POLICE DEPARTMENT IN ARRESTING AND DETAINING THE MINOR CHILD.

• 37-9.5 EXCEPTIONS TO CURFEW HOURS FOR SPECIAL PUBLIC EVENTS CURFEW

THE CURFEW RESTRICTIONS OF §31-9.4 OF THIS CODE SHALL NOT APPLY TO A MINOR UNDER THE AGE OF 17 OR UNDER WHO IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN; OR

1)                  WHO IS GOING TO OR RETURNING FROM EMPLOYMENT, PROVIDED THAT:

(A) THE MINOR’S HOURS OF EMPLOYMENT DO NOT VIOLATE FEDERAL, STATE, OR LOCAL LAW;

(B) THE MINOR POSSESSES A SIGNED STATEMENT ISSUED BY HIS OR HER EMPLOYER WITHIN THE PREVIOUS THIRTY (30) DAYS SETTING FORTH THE MINOR’S HOURS OF EMPLOYMENT AND THE LOCATION OF THE EMPLOYMENT; AND

(C) THE MINOR IS EXEMPT FROM THE CURFEW HOURS SET FORTH IN §31-9.4 OF THIS CODE FOR NOT MORE THAN ONE (1) HOUR BEFORE THE MINOR’S WORK DAY BEGINS AND FOR NOT MORE THAN ONE (1) HOUR AFTER THE MINOR’S WORK DAY ENDS; OR

(3) WHO IS GOING TO OR RETURNING FROM AN EDUCATIONAL OR TRAINING PROGRAM, PROVIDED THAT:

(A) THE MINOR POSSESSES PROOF OF ENROLLMENT IN A PUBLIC OR PRIVATE SCHOOL, COLLEGE, OR OTHER EDUCATIONAL INSTITUTION LICENSED OR RECOGNIZED AS AN EDUCATIONAL INSTITUTION BY THE MICHIGAN DEPARTMENT OF EDUCATION OR BY ANOTHER FEDERAL, STATE, OR CITY AGENCY; AND

(B) THE MINOR IS EXEMPT FROM THE CURFEW HOURS SET FORTH IN §31-9.4 OF THIS CODE FOR NOT MORE THAN ONE (1) HOUR BEFORE THE MINOR’S CLASS BEGINS AT SUCH RECOGNIZED EDUCATIONAL INSTITUTION, AND FOR NOT MORE THAN ONE (1) HOUR AFTER THE MINOR’S CLASS ENDS AT SUCH EDUCATIONAL INSTITUTION; OR

(4) WHO IS GOING TO OR RETURNING FROM AN ORGANIZED SPONSORED RECREATIONAL ACTIVITY PROVIDED THAT:

(A) THE MINOR POSSESSES PROOF OF ATTENDANCE, ENROLLMENT, OR PARTICIPATION IN A SPONSORED ACTIVITY, AND

(B) THE MINOR IS EXEMPT FROM THE CURFEW HOURS SET FORTH IN §31-9.4 OF THIS CODE FOR NOT MORE THAN ONE (1) HOUR BEFORE THE ORGANIZED SPONSORED RECREATIONAL ACTIVITY AND FOR NOT MORE THAN ONE (1) HOUR AFTER THE ORGANIZED SPONSORED RECREATIONAL ACTIVITY.

SEC. 2.  THIS ORDINANCE IS DECLARED NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, SAFETY, AND WELFARE OF THE CITY OF FLINT.