[CC 1991 §235.470; CC 1970 §13-111; Ord. No. 212 §1, 8-15-1955; Ord. No. 431 §1, 4-16-1973; Ord. No. 2007-08 §§1
— 3, 6-11-2007]
A. It
shall be unlawful for any person under the age of thirteen (13) years
to be in or upon any public place or way within the City of Pine Lawn
between the hours of 8:30 P.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 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. It
shall be unlawful for any person between the ages of thirteen (13)
years and sixteen (16) years to be in or upon any public place or
way within the City of Pine Lawn between the hours of 10:00 P.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 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.
C. 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.
D. 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 a misdemeanor offense
of curfew violation.
E. Service Of Notice. The written notice provided for herein
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.
F. Violation
of this Section shall subject parents and guardians to punishment
by fine up to one thousand dollars ($1,000.00) and/or incarceration
of up to ninety (90) days.
[CC 1991 §235.480; CC 1970 §13-112; Ord. No. 212 §2, 8-15-1955; Ord. No. 709 §1, 11-9-1992]
The curfew established in Section
215.580 shall not apply to any minor who is in bona fide search of a physician or who is accompanied by his/her parents, legally appointed guardian or other authorized adult custodian or who has obtained a permit from the Police Department authorizing him/her to be upon the public streets, highways, sidewalks and in public places of the City during the hours of the curfew for legitimate purposes.
[CC 1991 §235.490; CC 1970 §13-113; Ord. No. 212 §3, 3-15-1955; Ord. No. 709 §1, 11-9-1992]
No parent, guardian or other persons having legal custody of
a person under the age of seventeen (17) years shall allow or permit
such person to violate the curfew established by this Article and
any other State or City violations.
[Ord. No. 702 §§1 —
5, 5-11-1992; Ord. No.
2012-008 §§1 — 3, 3-15-2012]
A. Parental Neglect Prohibited.
1.
Definitions. For the purpose of this Section,
the following words and phrases are defined as follows:
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Pine Lawn, Missouri, including moving traffic violations.
MINOR
Any person under the age of seventeen (17).
STUDENT
Any person under the age of eighteen (18) enrolled in a primary
or secondary education institution or home school.
PARENT
Mother, father, a legal guardian or any person having the
care or custody of a minor or student.
2.
No parent shall knowingly permit, encourage, aid or cause a
minor or student to commit a criminal act or engage in any conduct
which could be injurious to the minor's morals or health. No
parent shall fail to exercise customary and effective control over
a minor or student so as to allow, contribute to, cause, or tend to
cause a minor or student to commit a criminal act.
3.
Notification of responsibility.
a.
Whenever a minor or student shall be arrested or detained for
the commission of any criminal act within the City of Pine Lawn, Missouri,
the Police Department shall immediately notify, in writing, the minor's
or student's parent of the arrest or detention and shall advise
the parent of his/her responsibility under this Section, and such
parent shall appear in the said Police Department within forty-eight
(48) hours after such notice.
b.
A record of said notifications shall be kept by the Police Department.
c.
A parent receiving notification pursuant to this Section may elect to preemptively seek interventions available under Subsection
(A)(5) of this Section. Successful compliance with an appropriate intervention will void the notification which cannot thereafter be used as prima facie evidence under Subsection
(A)(4) of this Section.
4.
Written parental notice as defined in Subsection
(A)(3) of this Section shall be prima facie evidence of parental neglect if the minor or student commits a second or successive violation of any criminal act. Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be punished as provided in Subsection
(A). Before punishment as provided in Subsection
(A) is imposed, the person found guilty of violating the provisions of this Section must be offered either a suspended imposition of sentence (SIS) or suspended execution of sentence (SES) of up to one (1) year that requires mandatory compliance with interventions as set out in Subsection
(A)(5) of this Section. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating 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).
5.
Mandatory interventions to be imposed under probation.
a.
For violations of this Section, the Court may impose one (1)
or more of the following interventions:
(1) Assessment related to mental and emotional health
and compliance with therapeutic program related to same;
(2) Assessment related to need for social service resources
and compliance with recommendations made by case worker related to
same;
(3) Assessment related to substance abuse and compliance
with treatment program related to same;
(4) Assessment related to employment status and compliance
with a recommended course of action to increase the prospects of employment
to include enrollment in either a school, a vocational training program,
or other jobs training program;
(5) Monitoring of the minor's/student's academic
and behavioral performance;
(6) Any other intervention the court deems necessary
to effectuate the purposes of this Section.
b.
Coordination with educational institutions.
(1) The court, court officers, and relevant court personnel
shall coordinate the intervention efforts with Normandy School District's
liaison to the City's Municipal Court, or comparable personnel
from other school districts as are necessary. The court may order
compliance with interventions submitted by district personnel.
(2) School district personnel may provide compliance
reports for the court's use in ascertaining whether defendants
are satisfying the terms of probation. The court must request the
compliance reports and take them into consideration for purposes of
terminating, revoking, or extending the probation term.
B. Curfew And Truancy Violations Prohibited.
1.
Nighttime curfew. It shall be unlawful for
any person under the age of eighteen (18) years to be in or upon any
public place or way within the City of Pine Lawn, Missouri, between
the hours of 11:00 P.M. and 6:00 A.M. of the following day. The provisions
of this Section shall not apply to:
a.
Any such persons accompanied by a parent or guardian;
b.
Any such person who is engaged in gainful, lawful employment
during said time period, or who is returning or en route to said employment;
c.
Any such person who is attending or en route to or from any
organized religious or school activity;
d.
Any such person who is seeking medical aid, assistance from
law enforcement, or such other exigent or emergency circumstances
requiring that said person be outside of his or her residence.
2.
Daytime curfew. It shall be unlawful for persons
under the age of eighteen (18) years and older than the age of six
(6) years, who are suspended, expelled, or dropped out from school
to loiter in public within the City of Pine Lawn, Missouri, including,
but not limited to, all public streets, parks, playgrounds and businesses
located within the City of Pine Lawn, Missouri, unless accompanied
by an adult relative.
3.
Truancy enforced.
a.
No parent, guardian, or other person in this City having charge,
control or custody of a child from the ages of seven (7) to seventeen
(17) years of age shall, without excuse or exemption, knowingly permit
said child to absent her/himself from attendance at a public, private,
parochial, parish or home school on such dates, and during such hours,
as the school may be regularly in session.
b.
Such parent, guardian, or other person shall be deemed to have knowledge of a child's unexempted, unexcused absence from school after having received notification, as provided for in Subsection
(B)(5) and
(6) below, of same from a Police Officer or school representative.
4.
Responsibility of parent. The parent, guardian
or other adult person having the care and custody of a person under
the age of eighteen (18) years shall not knowingly permit such person
to violate this Section.
5.
Notice to parent. Any Law Enforcement Officer finding any person under the age of eighteen (18) 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 violation, shall be guilty of an offense under Subsection
(A) (Parental neglect prohibited).
6.
Service of notice. The written notice provided in Subsection
(A)(4) 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.
C. Violations And Penalties. Any person to violate
any provision of this Section shall be subject to a fine of up to
one thousand dollars ($1,000.00) and or confinement in the Municipal
Jail for a period of ninety (90) days.
[CC 1991 §235.500; CC 1970 §13-114; Ord. No. 212 §4, 8-15-1955]
A. If
any minor under the age of seventeen (17) years is found violating
the curfew established by this Article, warning notices shall be given
to the parents, guardian or other person having legal custody of such
minor.
B. If
a minor under the age of seventeen (17) years violates the curfew
established by this Article a second (2nd) or subsequent time, he/she
shall be turned over to the juvenile authorities of the County to
be dealt with in accordance with State law.