The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Criminal acts shall be those acts which violate the laws of the state or the ordinances of the city.

Habitual offender is one who commits two or more criminal acts, or including four or more moving traffic violations, within a 12-month period.

Parent shall mean mother, father, legal guardian and any other person having the care or custody of a minor or such other adult with whom a minor may be found residing.

Minor shall include any juvenile under the age of 17 residing with his parent.

(Code 1958, § 8-221; Ord. No. 413, § 1, 1-26-70)

It shall be unlawful for the parent of any minor to fail to exercise reasonable parental control which results in the minor committing any criminal act or to allow or encourage any minor to commit any criminal act to become delinquent in accordance with the probate code as it pertains to juveniles. The preceding shall be called parental neglect.

(Code 1958, § 8-221; Ord. No. 413, § 1, 1-26-70)

(a)

Whenever a minor shall be arrested or detained for the commission of any criminal act within the city, the parent of such minor shall be immediately notified by the police department advising the parent of such arrest or detention, the reason therefor and his responsibility under this chapter.

(b)

A record of such notifications shall be kept by the police department.

(Code 1958, § 8-222; Ord. No. 413, § 1, 1-26-70)

(a)

A person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child.

(b)

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(c)

As used in this section:

(1)

"Child" means an individual less than six years of age.

(2)

"Physical harm" and "serious physical harm" mean those terms as defined in MCL 750.136b.

(3)

"Unattended" means alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated.

(4)

"Vehicle" means that term as defined in section 79 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.79.

(Ord. No. 2117, § 1, 11-14-16)

It shall be unlawful for any person under the age of 21 years to falsely represent himself to be of the age of 21 years or over when purchasing, consuming, offering to purchase or attempting to purchase or procure beer, wine or other alcoholic beverages, or to give any false information regarding his age to any law enforcement officer or to any other person selling beer, wine, or other alcoholic beverages for the purpose of securing a sale thereof to himself.

(Ord. No. 637, § 2, 5-27-80)

A person who furnishes fraudulent identification to a person less than 21 years of age, or a person less than 21 years of age who uses a fraudulent identification to consume or purchase alcoholic beverages, is guilty of a violation of this article.

(Ord. No. 637, § 3, 5-27-80)

Alcoholic liquor shall not be sold or furnished to a person unless said person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who has not attained 21 years of age, or who fails to make diligent inquiry as to whether the person is 21 years of age, is guilty of a misdemeanor punishable by imprisonment for not more than 60 days or a fine of not more than $500.00, or both. If a retail licensee or a retail licensee's clerk, agent or employee violates this section and the violation is the result of an undercover operation in which the person under 21 received alcoholic liquor under the direction of a police agency as part of an enforcement action, the retail licensee or a retail licensee's clerk, agent or employee is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.00.

(Ord. No. 637, § 6, 5-27-80; Ord. No. 1071, § 1, 11-9-09)

No person under 18 years of age shall be permitted to remain in any saloon, bar room or other place where any spirituous or intoxicating liquor, or any wine or beer, or any beverage, liquor or liquors containing any spirituous or intoxicating liquor, beer or malt liquor are sold, given away or furnished for beverage as the principal business of said establishment, unless the said person is accompanied by a parent or guardian.

(Ord. No. 637, § 4, 5-27-80)

Cross reference— Minors prohibited in massage establishments, § 7-224.

It shall be unlawful for any person to induce, participate [in inducing] or encourage any person under the age of 21 years to consume alcoholic beverages in a public or private place.

(Ord. No. 637, § 5, 5-27-80)

Cross reference— Enticing minor to abuse controlled substances, § 17-165.

(1)

A person less than 21 years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A person under 21 who violates this section is guilty of a misdemeanor punishable by the following fines and sanctions:

(a)

For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

(b)

For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of MCL 436.1703 or a local ordinance substantially corresponding to MCL 436.1703, by imprisonment for not more than 30 days but only if the person under 21 has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

(c)

For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of MCL 436.1703 or a local ordinance substantially corresponding to MCL 436.1703, by imprisonment for not more than 60 days but only if the person under 21 has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

(2)

A person who furnishes fraudulent identification to a person under 21, or notwithstanding subsection (1) a person under 21 who uses fraudulent identification to attempt to purchase or purchases alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

(3)

When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of subsection (1) or a law substantially corresponding, pleads guilty or nolo contendere to a violation of subsection (1), the court, without entering a judgment of guilt may defer further proceedings and place the individual on probation upon terms and conditions that include, but are not limited to, the sanctions set forth in subsection (1)(a), payment of the costs including minimum state cost as provided for in section 18m of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18m, and section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j, and the costs of probation as prescribed in section 3 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3. Upon violation of a term or condition of probation or upon a finding that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions or juvenile adjudications under subsection (1)(b) and (c). There may be only 1 discharge and dismissal under this subsection as to an individual. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. The secretary of state shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. These records shall be furnished to any of the following:

(a)

To a court, prosecutor, city attorney, or police agency upon request for the purpose of determining if an individual has already utilized this subsection.

(b)

To the department of corrections, a prosecutor, city attorney, or a law enforcement agency, upon the department's, a prosecutor's, city attorney, or a law enforcement agency's request, subject to all of the following conditions:

(i)

At the time of the request, the individual is an employee of the department of corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the department of corrections, the prosecutor, or the law enforcement agency.

(ii)

The record is used by the department of corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(4)

The court may order the person convicted of violating subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the public health code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. The court may order a person, subject to a conviction or placed on probation regarding a violation of subsection (1), to submit to a random or regular preliminary chemical breath analysis.

(5)

The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

(6)

A peace officer who has reasonable cause to believe a person under 21 has consumed alcoholic liquor or has any bodily alcohol content may request consent of the person to submit to a preliminary chemical breath analysis. If the person under 21 refuses the request of the peace officer to take the test, a test shall not be given without a court order. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the person under 21 has consumed or possessed alcoholic liquor or had any bodily alcohol content.

(7)

A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of subsection (1) shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating subsection (1), his or her parents or legal guardian shall be notified immediately as provided in this subsection.

(8)

This section does not prohibit a person under 21 from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by Michigan Liquor Control Code, 1998 PA 58, MCL 436.1101 et. seq., by the Michigan Liquor Control Commission, or by an agent of the Michigan Liquor Control Commission, if the alcoholic liquor is not possessed for his or her personal consumption.

(9)

This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this ordinance.

(10)

The consumption of alcoholic liquor by a person under 21 who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this ordinance if the purpose of the consumption is solely educational and is a requirement of the course.

(11)

The consumption by a person under 21 of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this ordinance.

(12)

Subsection (1) does not apply to a person under 21 who participates in either or both of the following:

(a)

An undercover operation in which the person under 21 purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

(b)

An undercover operation in which the person under 21 purchases or receives alcoholic liquor under the direction of the state police, the Michigan Liquor Control Commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the person under 21 was not under the direction of the state police, the Michigan Liquor Control Commission, or the local police agency and was not part of the undercover operation.

(13)

The local police agency shall not recruit or attempt to recruit a person under 21 for participation in an undercover operation at the scene of a violation of subsection (1).

(14)

In a criminal prosecution for the violation of subsection (1) concerning a person under 21 having any bodily alcohol content, it is an affirmative defense that the person under 21 consumed the alcoholic liquor in a venue or location where that consumption is legal.

(15)

As used in this section, "any bodily alcohol content" means either of the following:

(a)

An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b)

Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

(Ord. No. 1036, § 1, 9-27-04; Ord. No. 1071, § 1, 11-9-09)

(a)

Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

(1)

Adult means a person 17 years of age or older.

(2)

Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of Section 2 of Act No. 8 of the First Extra Session of the Public Acts of Michigan of 1933 (MCL 439.1 et seq.), as amended.

(3)

Minor means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to Section 33b of Act No. 8 of the First Extra Session of the Public Acts of Michigan of 1933 (MCL 436.33b), as amended.

(4)

Residence or premises means a motel room, hotel room, home, apartment, condominium or other dwelling unit, including the curtilage of the dwelling unit, or a hall, meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented or used with or without compensation.

(5)

Open house party means a social gathering of persons at a residence or premises, other than the owner or those with rights of possession or their immediate family members.

(6)

Controlled substance means a controlled substance as defined now or hereafter by Article 7 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7101 et seq.).

(7)

Control means any form of regulation or dominion including a possessory right.

(b)

Prohibition. No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the residence or premises by any minor where the adult knew or reasonably should have known that any alcoholic beverage or controlled substance was in the possession of or being consumed by a minor at the residence or premises, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or controlled substance at the residence or premises.

(c)

Exception. The provision of this section shall not apply to legally protected religious observances or legally protected educational activities.

(d)

Penalties. The penalty for violation of this section shall be as follows:

(1)

For the first violation, a fine not exceeding $500.00 or imprisonment for a term not to exceed 30 days or by both such fine and imprisonment.

(2)

For subsequent violations, a fine not exceeding $500.00 or imprisonment in jail for a term not to exceed 90 days or by both such fine and imprisonment.

(Ord. No. 825, § 1, 5-9-88)

A person under 18 years of age shall not purchase, possess or use a tobacco product, a vapor product or an alternative nicotine product, in any form, on a public highway, street, alley, park, or other lands used for a public purpose, or in a public place of business or amusement in the city. A person who violates this section is responsible for a civil infraction punishable by a fine of not more than $100.00 for a first offense and $500.00 for a second or subsequent offense.

(Ord. No. 950, § 1(16-1), 7-28-97; Ord. No. 971, § 1(16-1), 4-13-98; Ord. No. 2110, § 1, 4-25-16, eff. 5-5-16)

(a)

"Tobacco products" mean any product that contains nicotine or synthetic nicotine, or its equivalent, and is used for smoking, chewing, sucking, inhaling or placing against the gums of a user. This includes but is not limited to any cigarette, cigar, cigarillo, little cigar, pipe tobacco, chewing tobacco, tobacco snuff or other kinds and forms of tobacco.

(b)

"Vapor products" mean any product that contains nicotine or synthetic nicotine, or its equivalent, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce a vapor or mist, in a solution or other form. This includes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic little cigar, electronic pipe, hookah, vaporizer or similar product or device and any cartridge or other container of nicotine or synthetic nicotine, or its equivalent, in a solution or other form.

(c)

"Alternative nicotine products" mean any product containing nicotine or synthetic nicotine, or its equivalent, intended for human consumption or use, whether chewed, absorbed, dissolved, or ingested by any means.

(d)

The terms "tobacco products," "vapor products" or "alternative nicotine products" shall not include products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.

(Ord. No. 950, § 1(16-2), 7-28-97; Ord. No. 971, § 1(16-2), 4-13-98; Ord. No. 2110, § 1, 4-25-16, eff. 5-5-16)

(a)

No person in the city shall sell, give to or in any way furnish tobacco products, vapor products or alternative nicotine products, in any form, to any person under 18 years of age. A person who violates this section or subsection (b) is guilty of a misdemeanor punishable by a fine of not more than $100.00 for a first offense and/or 90 days imprisonment and by a fine of not more than $500.00 for a second or subsequent offense and/or 90 days imprisonment.

(b)

A person who sells tobacco products, vapor products or alternative nicotine products, at a retail location, shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the State of Michigan Department of Public Health, or a sign produced by the person in absence of a sign produced by the State of Michigan Department of Health, that includes the following statement or its equivalent:

"The purchase, possession or use of tobacco products, vapor products or alternative nicotine products by a minor under 18 years of age and/or the selling, giving or furnishing of tobacco products, vapor products or alternative nicotine products to a minor are prohibited by law. A minor unlawfully purchasing, possessing or using tobacco products, vapor products or alternative nicotine products, is subject to civil penalties. A person unlawfully selling, giving or furnishing tobacco products, vapor products or alternative nicotine products to a minor is subject to criminal penalties."

(c)

If the sign required under subsection (b) is more than six feet from the point of sale, it shall be five and one-half inches by eight and one-half inches, and the statement required under subsection (b) shall be printed in 36-point boldface type (approximately three-eighth-inches high). If the sign required under subsection (b) is six feet or less from the point of sale, it shall be two inches by four inches and the statement required under subsection (b) shall be printed in 20-point boldface type (approximately one-fourth-inches high).

(d)

The Michigan Department of Public Health has been mandated under state statute [MCL 722.641(4)] to produce such signs as they pertain to tobacco products. Licensed wholesalers, secondary wholesalers, and unclassified acquirers of cigarettes and other tobacco products described in subsection (a) are required under state statute [MCL 722.641(4)] to obtain copies of the sign from the Michigan Department of Public Health and distribute them free of charge, upon request, to persons who are subject to subsection (b). The Michigan Department of Public Health is mandated under state statute to provide copies of the sign free of charge, upon request, to persons subject to subsection (b) who do not purchase their supply of cigarettes or other tobacco products described in subsection (a) from licensed wholesalers, secondary wholesalers, and unclassified acquirers of cigarettes and other tobacco products described in subsection (a).

(e)

If such a sign as required above has not yet been produced by the Michigan Department of Public Health to include prohibitions of vapor products and alternative nicotine products, the retailer who sells such products may use a sign produced by the Michigan Department of Health for tobacco products and must produce and post its own sign regarding the prohibition of vapor products and alternative tobacco products, at a size and in boldface type, as required by subsection (c).

(f)

It is an affirmative defense to a charge pursuant to subsection (a) that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of tobacco products, vapor products and alternative nicotine products to persons under 18 years of age, and that the defendant enforced and continues to enforce such a policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of this affirmative defense, in writing, upon the court and the city attorney. The notice shall be served not less than 14 days before the date set for trial.

(g)

A city attorney who proposes to offer testimony to rebut the affirmative defense described in subsection (f) shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than seven days before the date set for trial, and shall contain the name and address of each rebuttal witness.

(Ord. No. 977, § 1, 7-13-98; Ord. No. 2110, § 1, 4-25-16, eff. 5-5-16)

This chapter embodies and shall be known as the child and youth assistance plan of the city. Its purpose is to protect, safeguard and improve the physical, mental, emotional and moral welfare of all of the children of the area by strengthening and improving home and family and community living conditions. This program is also designed to assist in the prevention of delinquency and neglect.

(Code 1958, § 8-209; Ord. No. 92, § 2, 5-17-58)

It shall be unlawful for the parent, guardian or other person having the care or custody of any minor to permit, allow or encourage such minor to violate any of the provisions of this chapter.

(Code 1958, § 8-203)

No minor under the age of 17 years shall be permitted, caused or suffered to be upon the public streets or in any public place between the hours of 10:00 p.m. and 6:00 a.m., when the official time standard is eastern standard time, or between the hours of 11:00 p.m. and 6:00 a.m., when the official time standard is eastern daylight time, unless such child is accompanied by his or her parent or guardian or some adult delegated by his or her parent or guardian to accompany such child, or unless such child is on an errand or other legitimate business directed by his parent or guardian, provided, however, that this section shall not be applicable to minors under the age of 17 years who shall be in attendance at a church, school or civic function with the consent of the parent or guardian of such minor or who shall be on a public street while returning home from such functions.

(Code 1958, § 8-201; Ord. No. 423, § 1, 5-1-70)

No child under the age of 17 years shall be permitted, caused or suffered to be engaged or employed as a bootblack, or in the selling of magazines, periodicals, newspapers, goods, wares or merchandise of any kind or nature upon the public streets or in any public place between the hours of 10:00 p.m. and 6:00 a.m., when the official time standard is eastern standard time or between the hours of 11:00 p.m. and 6:00 a.m., when the official time standard is eastern daylight time, or to accompany any person so engaged or employed.

(Code 1958, § 8-202; Ord. No. 423, § 1, 5-18-70)

No person shall knowingly and willfully aid or abet a child under the age of 17 years to violate an order of a juvenile court or knowingly and willfully conceal or harbor juvenile runaways who have taken flight from the custody of the court, their parents or legal guardian.

(Ord. No. 891, § 1, 5-26-92)

Medical, mental health, and child welfare experts have denounced conversion therapy and reparative therapy, or their equivalent, collectively referred to as "conversion therapy" or "therapy," as ineffective, unreliable, and unsafe for minors, including LGBTQ+ minors and minors defined in section 16-7 below, who undergo such therapy. Conversion therapy is based on the discredited premise that being LGBTQ+ or those defined in section 16-7 below, are suffering from mental disorders that can be cured or corrected and that a person can be converted from something they are into something they are not. Further, there has been a long and severe history of discrimination, violence, denial of services, denial of housing and denial of business opportunities to those who identify as LGBTQ+ or those defined in section 16-7 below. Because of an inability to voluntarily choose such therapy and/or an ability to prevent such therapy from being imposed on them, minors must be accorded protection by law. All minors, including LGBTQ+ minors, and those minors defined in section 16-7 below, must be free from ineffective and fraudulent conversion therapies that cause harm to their mental health and wellbeing. As such, a health care provider must be prohibited from treating minors with conversion therapies in order to change a minor's sexual orientation or gender identity, including, but not limited to efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward another person. Therefore, this division is an exercise of police power of the city for the public health, safety and welfare, and its provisions shall be liberally construed to accomplish that purpose. The purpose of this division is to protect the health and well-being of all minors, including LGBTQ+ minors, and those minors defined in section 16-7 below, from being exposed to the serious harm caused by conversion therapy and to provide a method of enforcement through the criminal justice system.

(Ord. No. 2161, § 1, 7-27-20)

When used in this division, the following words and terms shall have the following meanings:

Asexual means any minor without sexual, romantic or emotional attraction toward another person or any person with sexual, romantic or emotional attraction which does not need to be realized in a sexual manner.

Bisexual means any minor whose sexual, romantic or emotional attraction is toward another person of the opposite gender or the same gender.

Conversion therapy or reparative therapy, or equivalent, means any practice or treatment that seeks to change a minor's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual, romantic or emotional attractions or feelings toward individuals of the same or opposite gender. Conversion therapy or reparative therapy shall not include counseling that provides support and assistance to a minor undergoing gender transition, or counseling that provides acceptance, support and understanding of a minor or facilitates a minor's coping, social support, and development, including sexual orientation, neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change sexual orientation or gender identity.

Gay means any minor who identifies as male and whose sexual, romantic or emotional attraction is toward another person of the same gender. This term also includes lesbians or any minor whose sexual, romantic or emotional attraction is toward another person of the same gender.

Gender expression means a minor's expression of gender identity through appearance and behavior, including how a minor believes that he or she is perceived by others.

Gender identity means a minor's sense of oneself as a man, woman, or something else. When a minor's gender identity or gender expression and sex assigned at birth are not congruent, the minor may identify along the transgender spectrum.

Health care provider means any licensed medical or mental health professional, including but not limited to, licensed mental health counselors, mental health counselor associates, marriage and family therapists, marriage and family therapist associates, social workers, social worker associates, physicians, psychiatrists, psychologists, psychotherapists, certified chemical dependency professionals, certified chemical dependency professional trainees, counselors, certified counselors, and certified advisors.

Heterosexual means any minor whose sexual, romantic or emotional attraction is toward another person of the opposite gender.

Homosexual means any minor whose sexual, romantic or emotional attraction is toward another person of the same gender.

Lesbian means any minor who identifies as female and whose sexual, romantic or emotional attraction is toward another person of the same gender.

LGBTQ+ means any minor who identifies as lesbian, gay, bisexual, transgender, queer, questioning and/or plus (as defined below).

Minor means any person under 18 years of age.

Omnisexual means any minor whose sexual, romantic or emotional attraction is to toward a person of the same gender and gender identity and possibly to other genders as well.

Pansexual means any minor whose sexual, romantic or emotional attraction is toward people regardless of their gender or gender identity.

Plus or + means any minor who identifies as pansexual, asexual or omnisexual, among other sexual identities.

Queer and/or questioning means any minor whose sexual, romantic or emotional attraction is considered non-normative, strange or peculiar by others and/or any minor questioning their sexual, romantic or emotional attractions.

Sexual orientation means a component of sexual identity that includes a minor's sexual and emotional attraction to another person and the behavior and/or social affiliation that may result from this interaction.

Transgender means any minor whose sense of personal identity and gender does not correspond with birth gender.

(Ord. No. 2161, § 1, 7-27-20)

It shall be unlawful for a health care provider to counsel or treat minors, including LGBTQ+ minors, and those minors defined in section 16-7 above, with conversion therapy and/or reparative therapy, or their equivalent, in order to change a minor's sexual orientation or gender identity or change behavior or gender expression, or reduce or eliminate sexual or romantic attractions or feelings toward another person.

(Ord. No. 2161, § 1, 7-27-20)

Nothing herein prohibits a health care provider to counsel or treat minors, including LGBTQ+ minors, and those minors defined in section 16-7 above, in a manner that provides acceptance, support, or understanding or facilitates coping, social support, or identity exploration and development, including neutral intervention to prevent or address unlawful conduct or unsafe sexual practices.

(Ord. No. 2161, § 1, 7-27-20)

A health care provider who violates this division is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(Ord. No. 2161, § 1, 7-27-20)

There is hereby established a child and youth assistance program of the city pursuant to the Oakland County Probate Court/Oakland County Circuit Court-Family Division court rules, state statute and this article.

(Code 1958, § 8-208; Ord. No. 92, § 1, 5-17-58; Ord. No. 965, § 1, 2-9-98)

A youth assistance committee shall be appointed by the Oakland County Probate Court/Oakland County Circuit Court-Family Division in the manner provided by the court rules, State statutes and this article.

(Code 1958, § 8-210; Ord. No. 92, § 3, 5-17-58; Ord. No. 965, § 2, 2-9-98)

The needs of an individual child, youth or family may be called to the attention of the youth assistance committee by a written communication from the police or fire chief, the school administrators, ministers or any social workers of the city, or parent or relative of said child. Such communication shall be deemed a private communication as against all persons other than committee members. Upon receipt of such information, said committee shall investigate the facts through a trained case-work assistant. In its discretion, the committee may request the child and his parents or guardian or other custodian to appear before it in a private hearing at a time and place to be designated by it to discuss the welfare of said child and family and to plan how said parents and the community may meet the child's personal, physical, mental, moral, emotional, social or behavior problems.

(Code 1958, § 8-210; Ord. No. 92, § 3, 5-17-58)

Records of the proceedings before the youth assistance committee shall be kept confidential and the secretary of the committee shall keep the same as secret files and destroy the same when the case is closed.

(Code 1958, § 8-211; Ord. No. 92, § 3, 5-17-58)

A social worker or the youth assistance committee may request the parents of a child to do anything deemed necessary for the welfare of said child or family, may request the child and the parents to have any medical or hospital care or needs attended to, may outline a course of reasonable parental supervision and request the parents to abide thereby, may ask any community organization either public or private or render its assistance to said child, and may have further hearings at later dates to ascertain whether the referral program for said child has been effectively carried out.

(Code 1958, § 8-212; Ord. No. 92, § 5, 5-17-58)

The program of the youth assistance committee shall be conducted without publicity or notoriety concerning any given child or family, and the attendance before said committee shall be voluntary on the part of the child and the parents; provided, however, that it shall be the duty of said committee to report any failure to comply with such program together with any emotional, social or behavior problems of said child to the Oakland County Probate Court/Oakland County Circuit Court-Family Division if and when it shall appear that said child or said parents, guardian or custodian of said child are unwilling to or have failed to comply with such programs specified by said committee for the welfare of said child. The purpose of said report is to aid the proper juvenile authorities of the county to intercede in order to prevent further delinquency.

(Code 1958, § 8-213; Ord. No. 92, § 6, 5-17-58; Ord. No. 965, § 3, 2-9-98)

The members of the youth assistance committee shall serve as voluntary citizens without compensation; provided, however, that the reasonable cost of miscellaneous office supplies, clerical help and office space may be supplied by the city if first appropriated and provided for by specific authorization and resolution of the council.

(Code 1958, § 8-214; Ord. No. 92, § 7, 5-17-58)