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.
A.
It
shall be unlawful for any minor under the age of seventeen (17) years
to loiter, idle, wander, stroll or to drive or ride in or on a motor
vehicle or play in or upon the streets, highways, alleys, roads, parks,
playgrounds or other public grounds between the hours of 11:00 P.M.
and 6:00 A.M. of the following day, except on Friday and Saturday
when the hours shall be 12:00 Midnight to 6:00 A.M. of the following
day, provided however, that the provisions of this Subsection shall
not apply to a minor accompanied by his/her parent, guardian or other
adult person having the care and custody of the minor or where the
minor is upon an emergency errand or legitimate business directed
by his/her parent, guardian or other adult person having the custody
of the minor or to a minor proceeding to or from place of employment
or to a minor returning or going to a school sanctioned function or
when the minor can give a satisfactory reason for being in or upon
the places herein mentioned. When upon such lawful errands, it shall
be unlawful for any such minor to loiter or linger or ride aimlessly
upon any street, highway, alley or road. Such minor shall transact
such business as speedily as possible.
B.
It shall be unlawful for any parent, guardian or other adult person having the care and custody of a minor under the age of seventeen (17) years to knowingly, or with reason to know, permit such minor to violate the provisions of Subsection (A).
C.
Any Police Officer finding a minor violating the provisions of Subsection (A) shall warn the minor to desist immediately from such violation and shall deliver the minor to his/her parent, guardian or other adult person having the custody of the minor. If contact cannot be made with a parent, guardian or other adult person having the custody of the minor, the Police Officer shall retain custody until the parent, guardian or other adult person having the custody of the minor is located. The officer shall also report the violation to the departmental juvenile officer who shall cause a written notice to be served on the parent, guardian or other adult person having the custody of the minor setting forth the manner in which this Section has been violated.
[1]
Editor’s Note: Ord. No. 6466 also changed the title
of this Section from “Curfew” to “Curfew; Unlawful
For Parents, Guardians, Etc., To Permit Violations; And Procedure
Upon Violation.”
[1]
Editor’s Note: Former Section 215.600, Parental Responsibility,
was repealed 1-10-2017 by Ord. No. 6466.
[Ord. No. 6466 § 1, 1-10-2017; Ord.
No. 6752, 3-29-2022]
A.
ALCOHOLIC BEVERAGES
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
MINOR
PARENT
PARTY, GATHERING OR EVENT
PERSON IN CONTROL OF THE PREMISES
PRACTITIONER
Definitions. For the purpose of this Section, the following definitions
shall apply:
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter 600 of the Municipal Code of the City of Clayton.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo. (2000) as may be amended or revised
from time to time.
The gift or exchange of an alcoholic beverage or controlled
substance from one (1) person to another.
Any person under the age of twenty-one (21) years.
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
An assemblage or a group of persons for a social occasion
or for a social activity.
An adult who owns, leases, rents or is otherwise the lawful
occupant of any premises or the adult designee thereof.
Any medical professional or other person as defined or described
in Section 195.010, RSMo. (2000) as may be amended or revised from
time to time.
B.
Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly or negligently
permit, allow or host, on or in a premises under his or her control,
the consumption of alcoholic beverages or controlled substances by
a minor; except that this Section shall not apply to the following:
1.
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.
The delivery of an alcoholic beverage to a minor by that minor's
parent and under the direct supervision of the parent.
3.
The possession or consumption of or the delivery to a minor
of a controlled substance prescribed for that minor by a practitioner
when such delivery by that minor's parent or by the person in control
of the premises, provided that he or she has obtained the prior consent
of that minor's parent.
C.
Duty To Supervise. It shall be unlawful for any person in control
of a premises, or his or her adult designee, to leave a premises when
it is reasonably foreseeable that said premises may be used for a
gathering at which alcoholic beverages or controlled substances may
be in the possession of or consumed by minors.
D.
Rental
Of A Premises. It shall be unlawful for any owner, agent, employee
or contractor thereof to rent any room, rooms, apartment or any building
or portion of a building to a minor or to any adult when it is reasonably
foreseeable that said adult, or his or her adult designee, will leave
the said premises or reasonably foreseeable that said premises may
be used for a gathering at which alcoholic beverages or controlled
substances may be in possession of or consumed by minors except as
otherwise provided in this Chapter.
E.
Duty To Disperse — Police Services, Fees For Police Services.
1.
Any person in control of a premises at which alcoholic beverages
or controlled substances are in the possession of or are being consumed
by minors, or his or her adult designee, shall cause all persons in
or on said premises who are not lawful residents thereof to disperse
not more than fifteen (15) minutes after personally receiving an order
to do so issued by a Peace Officer.
2.
When a party, gathering or event occurs on private property
and a Police Officer at the scene determines that there is a threat
to the public peace, health, safety or general welfare, the person
or persons responsible for the party, gathering or event will be held
liable for the cost of providing Police services during a second (2nd)
or follow-up response by the Police after a first (1st) warning to
the person or persons responsible for the party, gathering or event.
The second (2nd) or follow-up response may also result in the arrest
and/or citation of violators pursuant to State law or other provisions
of this Code.
3.
The Police services fee shall include the cost of personnel
and equipment but shall not exceed five hundred dollars ($500.00)
for a single incident provided, however, that the City does not waive
its right to seek reimbursement for actual costs exceeding five hundred
dollars ($500.00) through other legal remedies. The amount of such
fees shall be deemed a debt owed to the City by the person responsible
for the party, gathering or event. If such persons are minors, their
parents or guardians shall be responsible for such debt. Any person
owing such fees to the City shall be liable in an action brought in
the name of the City for recovery of such fees, including reasonable
attorney's fees.
F.
Penalty. Any person or persons convicted of violating the provisions
of this Section shall be fined an amount not to exceed five hundred
dollars ($500.00) for each offense; except that for third (3rd) and
subsequent violations by the same person or persons, the fine shall
not be less than one thousand dollars ($1,000.00) for each offense.
[Ord. No. 6466 § 1, 1-10-2017]
