[1]
Cross Reference: As to alcohol-related offenses involving minors, §600.060.
[R.O. 2007 §22-102; Ord. No. 6832 §2, 11-7-2005]
A. 
It is unlawful for any person sixteen (16) or less years of age to be or remain upon the street within the City:
1. 
During the period ending at 6:00 A.M. and beginning at 12:00 A.M. on Friday and Saturday night and beginning at 11:00 P.M. on all other nights.
2. 
During "normal school hours".
These provisions shall not apply to a juvenile:
1.
When accompanied by a parent of such minor.
2.
When engaging in duties of bona fide employment or traveling directly, without delay or detour, from home to the place of employment or from the place of employment to the home.
3.
When upon an emergency errand.
B. 
Definitions. The following definitions shall apply to the curfew ordinance:
JUVENILE
Any person under seventeen (17) years of age.
NORMAL SCHOOL HOURS
Between the hours of 8:00 A.M. and 3:00 P.M. on Monday, Tuesday, Wednesday, Thursday or Friday.
PARENT
Any person having lawful custody of a juvenile as a natural or adoptive parent or as a court appointed legal guardian of the juvenile.
PERSON
An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal government, or any other legal entity which is recognized by law as the subject of rights and duties.
REMAIN
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.
STREET
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.
TIME OF NIGHT
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 Poplar Bluff Police Department.
YEARS OF AGE
Continues from one (1) birthday, such as the sixteenth (16th) to (but not including the day of) the next, such as the seventeenth (17th) birthday, making it clear that sixteen (16) or less years of age to be treated as equivalent to the phrase "under seventeen (17) years of age".
C. 
Parental Responsibility.
1. 
It shall be an affirmative obligation of a parent to ensure his/her child's compliance with this Section.
2. 
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.
3. 
This Section is to hold neglectful or careless parents to a reasonable community standard of parental responsibility through an objective test.
4. 
It shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of such juvenile.
D. 
Enforcement.
1. 
If an officer from the Police Department believes that a juvenile is on the streets in violation of this curfew ordinance, the officer shall notify the juvenile he/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.
2. 
In determining the age of the juvenile and in the absence of convincing evidence, a Police Officer shall use his/her best judgment in determining age.
3. 
A Police Officer may deliver the juvenile to the home of the parent under appropriate circumstances.
4. 
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.
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).