[Ord. No. 4523-16 §1, 12-21-2016]
For the purposes of this Article, the following words and phrases
are defined as follows:
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17) years.
PARENT
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
PARENTAL NEGLECT
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.
[CC 1997 §22.1; Ord. No. 215, 9-18-1956]
A. It
shall be unlawful for children under the age of seventeen (17) years
to be on or about the streets, highways, sidewalks or public places
of the City between 11:55 P.M. and 6:00 A.M. on Friday and Saturday
nights, and between 10:55 P.M. and 6:00 A.M. on all other nights of
the week, unless accompanied by their parents, legally appointed guardian
or other authorized adult.
B. Responsibility Of Parent. The parent, guardian or other
adult person having the care and custody of a person under the age
of seventeen (17) years shall not knowingly permit such person to
violate this Section.
C. Notice To Parent. Any Police Officer finding any person
under the age of seventeen (17) years violating the provisions of
this Section shall warn such person to desist immediately from such
violation and shall promptly report the violation to his superior
officer, who shall cause a written notice to be served upon the parent,
guardian or person in charge of such person, setting forth the manner
in which this Section has been violated. Any parent, guardian or person
in charge of such person who shall knowingly permit such person to
violate the provisions of this Section, after receiving notice of
the first (1st) violation, shall be guilty of an offense.
D. Service Of Notice. The written notice provided in Subsection
(C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section, with any person found at such residence over the age of seventeen (17) years, or by mailing such notice to the last-known address of such parent, guardian or person in charge of such person, wherever such person may be found.
E. It
shall be a 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 travelling directly to or from, lawful employment; or that
such minor was attending, or travelling 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.
[Ord. No. 4038-09 §1, 6-3-2009; Ord. No. 4523-16 §1, 12-21-2016]
A. A person commits the offense of endangering the welfare of a child
if:
1.
He or she, with criminal negligence, acts in a manner that creates
a substantial risk to the life, body or health of a child less than
seventeen (17) years old; or
2.
He or she knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection
(1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection
(1) or Paragraph (d) of Subdivision (2) of Subsection
(1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
4.
He or she knowingly encourages, aids or causes a child less
than seventeen (17) years of age to enter into any room, building
or other structure which is a public nuisance as defined in this Code
or Section 579.105, RSMo.
B. Nothing in this Section shall be construed to mean the welfare of
a child is endangered for the sole reason that he or she is being
provided non-medical remedial treatment recognized and permitted under
the laws of this State.
C. For purposes of this Section, criminal negligence shall mean the
failure to be aware of a substantial and unjustifiable risk that circumstances
exist or a result will follow, and such failure constitutes a gross
deviation from the standard of care which a reasonable person would
exercise in the situation.