City of O'Fallon, MO Article XII Offenses Concerning Minors

Section 215.580 Definitions.

[R.O. 2008 § 215.580; R.O. 2007 § 215.230A]

As used in this Article, the following terms shall have these prescribed meanings:

CURFEW HOURS

Means:

1. 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 A.M. of the following day.

2. 12:00 Midnight on any Friday and Saturday until 5:00 A.M. of the following day.

EMERGENCY

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident.

ESTABLISHMENT

Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN

Means:

1. A person who, under court order, is the guardian of the person of a minor.

2. A public or private agency with whom a minor has been placed by a court.

MINOR

A child as defined in Section 211.021, RSMo.

PARENT

Either a natural parent or a parent by adoption.

RESPONSIBLE ADULT

Any person twenty-one (21) years of age or over.

PUBLIC PLACE

Any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Section 215.590 Curfew Hours For Minors.

[R.O. 2008 § 215.590; R.O. 2007 § 215.230(B – E); CC 1978 § 225.030; Ord. No. 287 §§ 1 – 4, 10-18-1966; Ord. No. 3667 §§ 2 – 6, 3-10-1998]

A. Offenses.

1. A minor commits the offense of curfew violation if he/she is in any public place or on the premises of any establishment within the corporate limits of the City of O'Fallon during curfew hours.

2. A parent or guardian of a minor commits the offense of allowing a minor to commit curfew violation if he/she knowingly permits, or by criminal negligence allows, the minor in any public place or on the premises of any establishment within the corporate limits of the City of O'Fallon during curfew hours.

B. Exceptions. An offense is not committed under Subsection (B) if the minor was:

1. Accompanied by the minor's parent or guardian or other responsible adult to whom a parent or guardian has expressly given permission to accompany the minor.

2. Engaged in an employment activity, or going to or returning home from employment activity, without any detour or stop.

3. Attending an official school, religious or recreational activity supervised by adults, or going to or returning home from same, without any detour or stop.

4. Acting in an emergency situation.

C. Notice To Parent, Guardian Or Other Adult Persons. Any O'Fallon Police Officer finding a minor violating the provisions of Subsection (B) of this Section shall serve a written notice upon the parent, guardian or adult person having custody or control of said minor, setting forth the manner in which Subsection (B) of this Section was violated and the liabilities for said parent, guardian or adult person upon subsequent violations of Subsection (B) by the minor.

D. Penalties And Enforcement.

1. Any minor violating the provisions of this Section shall be dealt with in accordance with the laws and procedures applicable to minors.

2. Any parent, guardian or other adult person having the care and custody of a minor who violates this Section after having been previously warned of said violation pursuant to Subsection (D) of this Section shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed on each day a violation occurs or continues.

3. Any parent, guardian or other adult person having the care and custody of a minor who violates this Section after having been previously charged and found guilty of violating this Section shall be fined not more than five hundred dollars ($500.00) or imprisoned in the St. Charles County Jail for a term not to exceed three (3) months, or be both fined and imprisoned. A separate offense shall be deemed committed on each day a violation occurs or continues.

4. Enforcement of this Section as such may be required against a parent, guardian or other adult person having custody or control of any minor shall be the responsibility of the City Prosecutor.

Section 215.600 Parental Responsibility.

[R.O. 2008 § 215.600]

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 three (3) months 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).