[R.O. 2005 §18-141; Ord. No. 2714 §1, 9-21-2005]
For the purpose of this Article, the following words and phrases
are defined as follows:
AUTHORIZED ADULT
The parent, guardian or other adult person having the legal
care and custody of a juvenile.
JUVENILE
Any person under the age of seventeen (17).
MINOR
Any person under the age of twenty-one (21).
[R.O. 2005 §18-142; Ord. No. 2714 §1, 9-21-2005]
A. Curfew.
1. Prohibited behavior.
a. No juvenile shall loiter, idle, wander, stroll or play in or upon
the public streets, highways, roads, alleys, parks, playgrounds, other
public grounds, public places and public buildings, places of amusement
and entertainment, vacant lots or other unsupervised places between
the hours of 11:00 P.M. and 6:00 A.M. of the following day, Monday
through Thursday and 12:00 A.M. to 6:00 A.M. the same day on any Saturday,
Sunday or Federal holiday.
b. This Section shall not apply to a juvenile who is:
(1)
Accompanied by an authorized adult,
(2)
On an emergency errand or legitimate business directed by an
authorized adult,
(3)
Engaged in or traveling directly to or from lawful employment;
or
(4)
Attending or traveling directly to or from an organized religious
or school activity.
2. Police Officer response.
a. Any Police Officer finding any juvenile violating the provisions
of this Section may issue a written warning to the juvenile to desist
immediately from such violation. A record of said warning shall be
kept by the Police Department.
b. Any Police Officer finding any juvenile violating the provisions
of this Section may take the juvenile into custody to ensure the juvenile's
safety for the purpose of transporting or delivering the juvenile
to:
(2)
An appropriate juvenile service facility, or
c. Any Police Officer finding any juvenile violating the provisions
of this Section may issue a written warning to the juvenile and/or
an authorized adult specifically setting forth the grounds of the
curfew violation and advising the juvenile and/or authorized adult
of his/her responsibility under this Section. A record of said notice
shall be kept by the Police Department.
d. Written notice as provided by this Section shall be prima facie evidence
of knowledge of a juvenile's curfew violation.
3. Violations.
a. Any juvenile who knowingly violates curfew may be charged with an
offense under this Section and prosecuted through the St. Louis County
Juvenile Court.
b. Any authorized adult who knowingly permits a juvenile to violate curfew may be charged with an offense under this Section and upon conviction shall be punished by fine or imprisonment as provided in Section
100.110 hereof.
B. Failure To Supervise.
1. Prohibited behavior. A person in control of a premises
shall not knowingly or negligently permit a minor to violate any Statute
of the United States, Statute of the State of Missouri or ordinance
of the City of Ellisville on or in a premises under the adult's control.
2. Violation. Any person in control of a premises convicted of a violation of this Section shall be punished by fine or imprisonment as provided in Section
100.110 hereof.
[R.O. 2005 §18-143; CC 1997 §18-143; Ord. No. 2714 §1, 9-21-2005]
A. Any
juvenile adjudicated by the St. Louis County Juvenile Court to have
violated a municipal ordinance may be ordered to make restitution
when such violation has resulted in personal injury or property damage
as allowed by Section 211.181, RSMo., as amended.
B. Any
authorized adult adjudicated by the St. Louis County Juvenile Court
to have failed to exercise reasonable parental discipline or authority
to prevent such personal injury or property damage may be ordered
to make restitution as allowed by Section 211.185, RSMo., as amended.
C. Any
unemancipated, non-juvenile minor adjudicated by the Ellisville Municipal
Court to have violated a municipal ordinance may be ordered to make
restitution, in addition to any fine or condition of probation, when
such violation has resulted in personal injury or property damage.
D. Any
authorized adult adjudicated by the Ellisville Municipal Court to
have failed to exercise reasonable discipline, supervision or authority
to prevent such personal injury or property damage by an unemancipated,
non-juvenile minor may also be ordered to make restitution, in addition
to any fine or condition of probation.
[Ord. No. 3184 §1, 10-1-2014]
A. Except as otherwise provided in this Section, no person twenty-one
(21) years of age or younger operating a moving motor vehicle upon
the roads exclusively within the jurisdiction of the City of Ellisville,
Missouri, shall, by means of a hand-held electronic wireless communications
device, send, read, or write a text message or electronic message.
B. Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a hand-held mobile telephone.
C. Except as otherwise provided in this Section, no person shall operate
a commercial motor vehicle while using a wireless communications device
to send, read, or write a text message or electronic message.
D. The provisions of Subsection
(A) through Subsection
(C) of this Section shall not apply to a person operating:
1.
An authorized emergency vehicle; or
2.
A moving motor vehicle while using a hand-held electronic wireless
communications device to:
b.
Summon medical or other emergency help;
c.
Prevent injury to a person or property; or
d.
Relay information between a transit or for-hire operator and
that operator's dispatcher, in which the device is permanently affixed
to the vehicle.
E. Nothing in this Section shall be construed or interpreted as prohibiting
a person from making or taking part in a telephone call, by means
of a hand-held electronic wireless communications device, while operating
a noncommercial motor vehicle upon the roads exclusively within the
jurisdiction of the City of Ellisville.
F. As used in this Section, "electronic message" means a self-contained
piece of digital communication that is designed or intended to be
transmitted between hand-held electronic wireless communications devices.
"Electronic message" includes, but is not limited to, electronic mail,
a text message, an instant message, or a command or request to access
an internet site.
G. As used in this Section, "hand-held electronic wireless communications
device" includes any hand-held cellular phone, Palm Pilot, Blackberry,
or other mobile electronic device used to communicate verbally or
by text or electronic messaging, but shall not apply to any device
that is permanently embedded into the architecture and design of the
motor vehicle.
H. As used in this Section, "making or taking part in a telephone call"
means listening to or engaging in verbal communication through a hand-held
electronic wireless communications device.
I. As used in this Section, "send, read, or write a text message or
electronic message" means using a hand-held electronic wireless telecommunications
device to manually communicate with any person by using an electronic
message. Sending, reading, or writing a text message or electronic
message does not include reading, selecting, or entering a phone number
or name into a hand-held electronic wireless communications device
for the purpose of making a telephone call.
J. A violation of this Section shall be deemed an infraction and shall
be deemed a moving violation for purposes of point assessment under
Section 302.302 RSMo.
K. The provisions of this Section shall not apply to:
1.
The operator of a vehicle that is lawfully parked or stopped;
2.
Any of the following while in the performance of their official
duties: a law enforcement officer; a member of a Fire Department;
or the operator of a public or private ambulance;
3.
The use of factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit
or receive data as part of a digital system;
4.
The use of voice-operated technology;
5.
The use of two-way transmitters or receivers by a licensee of
the Federal Communications Commission in the amateur radio service.