For the purposes of this Article, the following words and phrases
are defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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 offense.
[Ord. No. 885 §1, 8-28-1996]
A.
It
is unlawful for any minor seventeen (17) years and younger to loiter,
wander, stroll or play in or upon the public streets, highways, roads,
alleys, parks, playgrounds or other public grounds, public places,
public buildings, places of amusement, eating places, vacant lots
or any place unsupervised by an adult having the lawful authority
to be at such places on Sunday, Monday, Tuesday, Wednesday and Thursday
between the hours of 12:00 Midnight on any day and 6:00 A.M. of the
following day; provided further, that on Friday and Saturday it shall
be unlawful for any minor seventeen (17) years and younger to loiter,
wander, stroll or play in or upon the public streets, highways, roads,
alleys, parks, playgrounds or other public grounds, public places,
public buildings, places of amusement, eating places, vacant lots
or any place unsupervised by an adult having the lawful authority
to be at such places between the hours of 1:00 A.M. and 6:00 A.M.
of the following day; and provided that the provisions of this Section
shall not apply in the following instances:
1.
When a minor is accompanied by their parent, guardian or other adult
person having the lawful care and custody of the minor;
2.
When the minor is upon an emergency errand directed by their parent
or guardian or other adult person having the lawful care and custody
of such minor;
3.
When the minor is returning directly home from a school activity,
entertainment, recreational activity or dance;
4.
When the minor is returning directly home from lawful employment
that makes it necessary to be in the above-referenced places during
the prescribed period of time;
5.
When the minor is attending or traveling directly to or from an activity
involving the exercise of first amendment rights of free speech, freedom
of assembly or free exercise of religion; and
6.
In interstate travel through the City of Platte City, Missouri.
B.
It shall be unlawful for the parent, guardian or other adult person having care or custody of a minor seventeen (17) years and younger to knowingly permit such minor to violate the provision of Subsection (A) of this Section. Every violation of this Section shall constitute a separate offense.
1.
Upon conviction of violation of this Section for the first (1st)
time, the parent, guardian or other person having the care and custody
of the minor shall be subjected to a fine not to exceed ten dollars
($10.00) plus court costs.
2.
Upon conviction of violation of this Section for the second (2nd)
time, the parent, guardian or other person having the care and custody
of the minor shall be subjected to a fine not to exceed twenty-five
dollars ($25.00) plus court costs.
3.
Upon conviction of violation of this Section for the third (3rd)
time, the parent, guardian or other person having the care and custody
of the minor shall be subjected to a fine not to exceed sixty dollars
($60.00) plus court costs.
C.
The
Department of Public Safety shall track the violations as described
in the above Subsections.
A.
Whenever
a minor shall be arrested or detained for the commission of any offense
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 Law Enforcement Officer shall indicate
such refusal on the notice.
B.
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 offense. 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 offense.
C.
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 two thousand dollars ($2,000.00).
