For the purposes of this Article, the following words and phrases
are defined as follows:
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Ste. Genevieve, including curfew and moving traffic violations.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural father or mother or the adoptive father or mother.
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 criminal act.
[Ord. No. 4110, 9-28-2017]
A. Whenever
a minor is arrested or detained for the commission of any criminal
act, or violation of the City's ordinances, within the City, the Police
Department shall, as soon as possible thereafter, deliver written
notice to the minor's parent(s), or guardian, of the arrest or detention,
and such notice shall advise the parent(s) or guardian, of his/her
responsibility under this Section. The notice shall be in such a form
as to be signed by the notified parent(s), or guardian, signifying
receipt thereof, if the parent(s), or guardian, refuses to sign said
notice, the notifying Law Enforcement Officer shall indicate such
refusal of the notice.
B. No parent(s), or guardian, of a minor child 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 criminal act, or a violation of the City's ordinances. 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 or successive violation of any criminal act or violation of the City's ordinances.
C. Any
parent, guardian, or other persons having charge, control, or custody
of any child less than seventeen (17) years old shall either:
1. Enroll such chid in public, private, parochial, parish school or
full-time equivalent attendance in a combination of such schools for
the compulsory attendance ages established by the School District
where the child resides and as set forth in Section 167.031 of the
Revised Statutes of the State of Missouri and shall ensure that the
child attends such school as required by law.
2. Provide the child a program of "home school" academic instruction
in compliance with the provisions of Section 167.031.2, RSMo.
a. Any parent, guardian or other person having charge, control or custody of a child who is convicted of any violation of this Section, shall be subject to the penalty provisions of Section
100.260, General Penalty.