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Royal Oak, MI Public Conduct: Loud Party Ordinance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
March 3, 1986, Ord. No. 86-4
Governing sections
City Code §§ 430-13 to 430-17
Maximum fine
$500
Maximum jail term
90 days
Who can be charged
Anyone controlling the residence or rental facility
Exceptions
Religious observances, educational activities (§430-16)

Summary

In the City of Royal Oak, the Open Party Ordinance (City Code §§ 430-13 to 430-17) makes it a crime for anyone controlling a residence or rental facility to knowingly allow an open party where a minor illegally possesses or consumes alcohol or drugs. Violators face a fine of up to $500 and up to 90 days in jail.

§ 430-13. Short title. ... This article shall be known and may be cited as the "Open Party Ordinance." ... OPEN PARTY A social gathering of persons at a rental facility or residence other than the owner and immediate family members. ... ... § 430-15. Allowing possession or use of drugs and alcohol by minors at open parties. It shall be unlawful for any person having control of any residence or rental facility to allow an open party to take place at said location if such person knows any alcoholic beverage or drug is illegally possessed or consumed at said location by any minor. § 430-1 ... ... 7. Violations and penalties. A person who violates this article shall be subject to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both such fine and imprisonment, in the discretion of the court.

Full Breakdown

Adopted March 3, 1986 by Ordinance No. 86-4 and codified at City Code §§ 430-13 through 430-17, the Open Party Ordinance targets the person who controls the location where underage drinking or drug use happens, not just the minors themselves. "Control" is defined broadly as any form of regulation or dominion, including a mere possessory right, so a tenant, party host, or anyone temporarily in charge of a residence or rental facility can be charged even if they do not own the property. A "residence" reaches beyond a single-family home to include an apartment, condominium, other dwelling unit, its curtilage, and even a hotel or motel room; a "rental facility" covers a hall, auditorium, or social, fraternal, or service club.

The offense requires knowledge: the person in control must know that alcohol or a drug is being illegally possessed or consumed by a minor at the gathering. "Minor" is tied to Michigan's alcohol-possession age law, and "drug" is tied to the state's controlled-substance schedules. Section 430-16 carves out an exception for legally protected religious observances and legally protected educational activities. The Royal Oak Police Department investigates open-party complaints, and because the ordinance predates the City's later civil-infraction framework, a conviction here is a criminal misdemeanor rather than a municipal civil infraction.

Violations & Fines

A person convicted under § 430-17 faces a fine of not more than $500, imprisonment for not more than 90 days, or both, at the court's discretion. Liability attaches to whoever has control of the residence or rental facility, even a tenant or houseguest managing the property that night, provided the City proves that person knew a minor illegally possessed or consumed alcohol or a drug on site. The ordinance does not penalize the minors directly; that is handled separately under Michigan's minor-in-possession law.

Frequently Asked Questions

Can I be charged if the party was at a rental hall, not my house?
Yes. The ordinance covers any residence or rental facility, defined to include halls, auditoriums, and social, fraternal, or service clubs. Whoever has control of that location when a minor illegally possesses or consumes alcohol or drugs, whether owner, renter, or event host, can be charged under § 430-15, not just homeowners.
Does the host have to know underage drinking is happening?
Yes. Section 430-15 requires that the person in control know that an alcoholic beverage or drug is illegally possessed or consumed by a minor at the gathering. A host with no actual knowledge of underage drinking taking place out of sight is not liable under this specific provision.
What is the maximum penalty for violating the Open Party Ordinance?
Section 430-17 sets a maximum fine of $500, up to 90 days in jail, or both, left to the sentencing court's discretion. There is no mandatory minimum written into the ordinance itself. Each conviction is a criminal misdemeanor charge, separate from any civil infraction the City might pursue for related property nuisance conduct.
Are religious or school events exempt?
Yes. Section 430-16 exempts legally protected religious observances and legally protected educational activities from the entire article, so a supervised church youth event or school-sponsored program does not trigger open-party liability even if alcohol rules are otherwise implicated.

Sources & Official References

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