A.
It
is unlawful for any person seventeen (17) or less years of age to
be or remain upon the street within the City of Sikeston:
[Ord. No. 6281, 9-26-2022]
As used in this Article, the following terms shall have these
prescribed meanings:
Any person under eighteen (18) years of age.
[Ord. No. 6281, 9-26-2022]
Between the hours of 8:00 A.M. and 3:00 P.M. on Monday, Tuesday,
Wednesday, Thursday or Friday.
Any person having lawful custody of a juvenile as a natural
or adoptive parent or as a court appointed legal guardian of the juvenile.
To stay behind, to tarry and stay unnecessarily upon the
streets where the juvenile involved would not be using the streets
for ordinary or serious purposes such as mere passage or going home.
A way or place, of whatever nature, open to the use of the
public as a matter of right for the purposes of vehicular travel or
in the case of a sidewalk thereof for pedestrian travel. The term
"street" includes that legal right-of-way including, but not limited
to, traffic lanes, the curb, the sidewalks, whether paved or unpaved,
and any grass plots or other grounds found within the legal right-of-way
of the street. The term "street" applies irrespective of what it is
called or formally named, whether alley, avenue, court, road or otherwise.
The term "street" also applies and shall include shopping centers,
parking lots, parks, playgrounds, public buildings, the common areas
of public housing developments and similar areas that are open to
the use of the public.
Referred herein is based upon the prevailing standard of
time, whether Central Standard Time or Central Daylight-Saving Time,
generally observed at the hour by the public in the City, prima facie
the time then observed in the Sikeston Department of Public Safety
headquarters.
Continues from one (1) birthday, such as the seventeenth
(17th) to (but not including the day of) the next, such as the eighteenth
(18th) birthday, making it clear that seventeen (17) or less years
of age be treated as equivalent to the phrase "under eighteen (18)
years of age."
[Ord. No. 6281, 9-26-2022]
A.
It
shall be an affirmative obligation of a parent to ensure his/her child's
compliance with this Article.
B.
It
is a violation of this Code for a parent of a juvenile to permit or
allow the juvenile to be or remain upon any City street or outside
the home under circumstances not constituting an exception to or otherwise
beyond the scope of the curfew ordinance.
C.
This
Article is to hold neglectful or careless parents to a reasonable
community standard of parental responsibility through an objective
test.
D.
It
shall be no defense that a parent was indifferent to the activities
or conduct or whereabouts of such juvenile.
A.
If
an officer from the Sikeston Department of Public Safety believes
that a juvenile is on the streets in violation of this curfew ordinance,
the officer shall notify the juvenile he/she or she is in violation
of the curfew and shall require the juvenile to provide his/her name,
address and telephone number and how to contact his/her parent.
B.
In
determining the age of the juvenile and in the absence of convincing
evidence, a Department of Public Safety officer shall use his/her
best judgment in determining age.
C.
DPS
procedures may provide that the Department of Public Safety officer
may deliver the juvenile to the home of the parent under appropriate
circumstances.
D.
The
juvenile shall be released to the custody of the parent or if during
school hours, the juvenile may be released to the principal of the
school that the student attends.
