For the purposes of this Article, the following words and phrases
are defined as follows:
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri, or the ordinances of the City
of Town and Country, including curfew and moving traffic violations.
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural father or mother, or the adoptive father or mother.
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any criminal act.
A.Â
It
shall be unlawful for any person under the age of seventeen (17) years
to be in or upon any public place or way within the City of Town and
Country between the hours of 12:01 A.M. and 6:00 A.M. The provisions
of this Section shall not apply to any such persons accompanied by
a parent or guardian, to any such person upon an errand or other legitimate
business directed by such person's parent or guardian, to any such
person who is engaged in gainful, lawful employment during said time
period, or who is returning or in route to said employment, or to
any such person who is attending or in route to or from any organized
religious or school activity.
B.Â
Responsibility Of Parent. The parent, guardian or other
adult person having the care and custody of a person under the age
of seventeen (17) years shall not knowingly permit such person to
violate this Section.
C.Â
Notice To Parent. Any Police Officer finding any person
under the age of seventeen (17) years violating the provisions of
this Section shall warn such person to desist immediately from such
violation and shall promptly report the violation to his/her superior
officer, who shall cause a written notice to be served upon the parent,
guardian or person in charge of such person, setting forth the manner
in which this Section has been violated. Any parent, guardian or person
in charge of such person who shall knowingly permit such person to
violate the provisions of this Section, after receiving notice of
the first (1st) violation, shall be guilty of an offense.
D.Â
Service Of Notice. The written notice provided in Subsection (C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section, with any person found at such residence over the age of seventeen (17) years, or by mailing such notice to the last-known address of such parent, guardian or person in charge of such person, wherever such person may be found.
A.Â
Whenever
a minor shall be arrested or detained for the commission of any criminal
act within the City, the Police Department shall, as soon as possible
thereafter, deliver written notice to the minor's parent of the arrest
or detention, and such notice shall advise the parent of his/her responsibility
under this Section. The notice shall be in such a form as to be signed
by the notified parent signifying receipt thereof. If the parent refuses
to sign said notice, the notifying Police Officer shall indicate such
refusal on the notice.
B.Â
No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any criminal act.
C.Â
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed four thousand dollars ($4,000.00).
[Ord. No. 2511 §1, 9-27-2000]
A.Â
Purpose And Findings. The Board of Alderman of the City
of Town and Country has found and determined that unsupervised gatherings
where alcoholic beverages or controlled substances are in the possession
of, consumed by, or delivered to persons under the age of twenty-one
(21) years constitute a potential hazard to the health, safety and
welfare of those in attendance at such gatherings and for others.
B.Â
ALCOHOLIC BEVERAGES
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
GATHERING, PARTY OR EVENT
MINOR
PARENT
PERSON IN CONTROL OF A PREMISES
PRACTITIONER
Definitions. The following definitions shall apply to the
provisions of this Section:
Any beverage consisting of intoxicating, malt liquor or non-intoxicating beer as those terms are defined in Section 600.020 of Title VI of this Code.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010 RSMo., as same may be amended.
A gift or exchange of an alcoholic beverage or controlled
substance from one person to another.
An assemblage of persons for a social occasion or for a social
activity.
Any person under the age of twenty-one (21) years.
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
An adult who owns, leases, rents or is otherwise a lawful
occupant of any premises, or the adult designee thereof.
Any duly licensed medical professional or other person, as
defined or described in Section 195.010, RSMo., as same may be amended.
C.Â
Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly
or negligently permit, on or in a premises under his/her control,
the consumption of alcoholic beverages or controlled substances by
a minor; provided that this shall not apply to the following:
1.Â
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.Â
The delivery of an alcoholic beverage to a minor, by that minor's
parent, and under the direct supervision of the parent.
3.Â
The possession or consumption of, or the delivery to a minor, of
a controlled substance prescribed for that minor by a practitioner,
when such delivery is by that minor's parent or by that person in
control of the premises provided that such person has obtained the
prior consent of that minor's parent.
D.Â
Duty To Supervise. It shall be unlawful for any person in
control of a premises to leave such premises, whether or not such
premises are currently occupied by minors residing at such premises,
1.Â
When it is reasonably foreseeable that such premises may be used
for a gathering at which alcoholic beverages or controlled substances
may be in possession of or consumed by minors, and
2.Â
When such premises are in fact used for a gathering at which alcoholic
beverages or controlled substances are in the possession of or consumed
by minors.
E.Â
Rental Of Premises. It shall be unlawful for any owner, or agent or employee thereof, to rent any premises to a minor or to an adult when it is reasonably foreseeable that such adult will leave such premises and that such premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors, except as hereinabove provided in Subsection (C).
F.Â
Duty To Disperse. Any person in control of a premises at
which alcoholic beverages or controlled substances are in the possession
of or are being consumed by minors shall cause all persons in or on
said premises who are not lawful residents thereof to disperse not
more than fifteen (15) minutes after personally receiving an order
to do so by a Police Officer.
