[R.O. 1997 § 215.385; Ord. No.
2797 §§ 1 — 5, 10-2-2007]
A. Restrictions.
1. It shall be unlawful for any minor to loiter, idle, wander, stroll,
remain or play in or upon the public streets, highways, roads, alleys,
parks, playgrounds or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant lots or other
unsupervised places, or in a motor vehicle within the City:
a. During the period beginning at 12:00 Midnight and ending at 5:00
A.M. on any day.
b. During normal school hours.
2. These provisions shall not apply to a minor:
a. When accompanied by a parent of such minor.
b. 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.
c. When upon an emergency errand.
3. It shall be defense in any prosecution for violation of this Section
that the minor shall have been on an errand or other legitimate business
directed by such minor's parent or guardian; that such minor was engaged
in or traveling directly to or from lawful employment; or that such
minor was attending or traveling directly to or from an organized
religious or school activity. The defendant shall bear the burden
of injecting the issue of the defenses provided hereby and the burden
of proof as to defense.
B. Definitions.
The following definitions shall apply to this Section:
MINOR
A child as defined in Section 211.021, RSMo.
NORMAL SCHOOL HOURS
Between the hours of 8:00 A.M. and 3:00 P.M. on Monday, Tuesday,
Wednesday, Thursday or Friday when the Kennett Public Schools are
in session.
PARENT
Any person having lawful custody of a minor as a natural
or adoptive parent or as a court-appointed legal guardian of the minor.
REMAIN
To stay behind, to tarry and stay unnecessarily upon the
streets where the minor 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
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
by the public in the City, prima facie the time then observed in the
Kennett Police Department.
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 minor to permit
or allow the minor 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 minor.
D. Enforcement.
1. If an officer from the Police Department believes that a minor is
on the streets in violation of this Section, the officer shall notify
the minor he/she is in violation of the curfew and shall require the
minor to provide his/her name, address and telephone number and how
to contact his/her parent.
2. In determining the age of the minor 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 minor to the home of the parent
under appropriate circumstances.
E. Penalty. Any parent, guardian or person in charge of a minor who shall knowingly permit such minor to violate the provisions of this Section, after receiving notice of the first violation, shall be guilty of an offense punishable under Chapter
100, Article
III of the Municipal Code of the City of Kennett.