City of Union, MO Article XII Offenses Concerning Minors

Section 215.670 Curfew — Regulation of Minors.

[R.O. 2012 §215.670; Ord. No. 2516 §1, 6-14-1999]

A. 

Definitions. For the purpose of this Article, the following terms, phrases, words and their deviations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

CITY

The City of Union, Missouri.

EMERGENCY

An unforeseen combination of circumstances that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

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

JUVENILE OR MINOR

Any unemancipated person under the age of seventeen (17) years.

OFFICIALLY SPONSORED ACTIVITY

Any activity which is sponsored, conducted and supervised by a recognized governmental agency, or branch thereof, or a recognized community organization, corporation, association, or branch thereof. Recognized community organizations shall include, but not necessarily be limited to, civic clubs, sports organizations and churches.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes members or partners of an association or partnership and the officers of the corporation.

PUBLIC PLACE

Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas of schools, shopping centers, shopping malls, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes that legal right-of-way, including but not limited to, the cartway of traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other ground found within the legal right-of-way of a street.

REMAIN

To stay behind, to tarry and stay unnecessarily in a public place including the congregating of groups (or of interacting minors) totaling four (4) or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home, or to fail to leave the premises of an establishment when requested to do so by a Police Officer or the operator of an establishment. To implement this provision with additional precision and precaution, numerous exceptions are expressly defined in this Article. More and more exceptions become available with a juvenile's increasing years and advancing maturity as appropriate in the interest of reasonable regulation.

RESPONSIBLE PERSON

Any person having legal custody of a juvenile:

1. As a natural or adoptive parent;

2. As a legal guardian;

3. As a person who stands in loco parentis; or

4. As a person to whom legal custody has been given by court order.

TIME OF NIGHT

Referred to herein is based upon the prevailing standard of time, whether Central or Standard Time or Daylight Savings Time, generally observed at that hour by the public in the City.

YEARS OF AGE

Continues from one (1) birthday, such as the sixteenth (16th) to (but not including the day of) the next, such as the seventeenth (17th) birthday, making it clear that sixteen (16) or less years of age is herein treated as equivalent to the phrase "under seventeen (17) years of age."

B. Curfew For Juveniles.

1. It shall be unlawful for any person under seventeen (17) years of age to be or remain in or upon a public place within the City of Union, Missouri, during the following periods:

a. Juveniles, fifteen (15) and sixteen (16) years of age. It shall be unlawful for any person, who is fifteen (15) or sixteen (16) years of age, to remain in or upon a public place within the City of Union, Missouri, during the period ending at 6:00 A.M. and beginning:

(1) At 11:59 P.M. on Friday and Saturday nights.

(2) 11:00 P.M. on all other nights.

b. Juveniles, under the age of fifteen (15). It shall be unlawful for any person under the age of fifteen (15) to be or remain in or upon a public place within the City of Union, Missouri, during the period ending at 6:00 A.M. and beginning at 10:00 P.M. This provision shall be in effect during all days of the week.

2. This Section does not apply to a juvenile in the following situations:

a. A juvenile accompanied by his/her responsible person;

b. A juvenile attending or returning home from a function at any school;

c. A juvenile attending or returning home from an officially sponsored activity;

d. A juvenile on an emergency errand;

e. A juvenile engaged in legitimate employment which requires his/her presence at his/her place of employment during the prohibited hours; or

f. A juvenile on the sidewalk, street or alley directly adjacent to the building in which he/she resides.

C. It shall be unlawful for the responsible person of a juvenile to permit such juvenile to violate any provision of this Article. Three (3) violations of this Article by any one juvenile shall be prima facia evidence that the responsible person of such juvenile has violated this Section.

D. Any violation of this Article shall be punishable by a maximum fine of five hundred dollars ($500.00) or three (3) months in jail, or both.