For the purposes of this Article, the following words and phrases
are defined as follows:
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri, or the ordinances of the City
of Frontenac,including curfew and moving traffic violations.
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural father or mother, or the adoptive father or mother.
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.
A.Â
It shall be unlawful for any person under the age of seventeen (17)
to be in or upon any public place or way within the City of Frontenac
between the hours of 11:00 p.m. and 6:00 a.m. of the following day,
official City time, except on Fridays and Saturdays when the hours
shall be 12:00 midnight to 6:00 a.m. of the following day, official
City time. The provisions of this Section shall not apply to any such
persons accompanied by a parent or guardian, to any such person upon
an errand or other legitimate business directed by such person's parent
or guardian, to any such person who is engaged in gainful, lawful
employment during said time period, or who is returning or in route
to said employment, or to any such person who is attending or in route
to or from any organized religious or school activity.
[Ord. No. 2014-1731 §1, 7-15-2014]
B.Â
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, or with reason to
know, permit such person to violate this Section.
[Ord. No. 2016-1809 § 1, 12-20-2016[1]]
[1]
Editor's Note: Section 2 of this ordinance provided an effective
date of 1-1-2017.
C.Â
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/her 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.Â
Service Of Notice. The written notice provided in Subsection (D) 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.
A.Â
Whenever
a minor shall be arrested or detained for the commission of any criminal
act 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 Police Officer shall indicate such
refusal on the notice.
B.Â
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 criminal act. 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 criminal act.
C.Â
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 ninety (90) days 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).
[1]
Editor’s Note: Former Section 220.670, Prohibited Sale of Tobacco Products To Minors, adopted and/or amended by Ord. No. 95-1062 §§ 1 — 2, 12-21-1995, was repealed 12-20-2016 by Ord. No. 2016-1809 § 1. See now Art. XII, Offenses Concerning Tobacco, Alternative Nicotine and Vapor Products.
A.Â
ALCOHOLIC BEVERAGE
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
MINOR
PARENT
PARTY, GATHERING OR EVENT
PERSON IN CONTROL OF THE PREMISES
PRACTITIONER
Definitions. For purposes of this Section, the following
definitions shall apply:
Any intoxicating liquor as defined in Section 600.010 of this Chapter.
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., and as amended.
The gift, exchange or the making readily available of an
alcoholic beverage or controlled substance.
Any person under twenty-one (21) years of age.
The natural (or adoptive) parent, the guardian, or an adult
designee of either of them.
The assemblage or group of persons for a social occasion
or activity.
An adult who owns, leases, or is otherwise the lawful occupant
or supervisor of any premises, or the adult designee of the same.
Any professional or other person as defined in Section 195.010,
RSMo., and as amended.
B.Â
No
person shall knowingly permit, on or within any premises under his/her
control or ownership within the City, the consumption of alcoholic
beverages or the use of controlled substances by a minor; excepting
only:
1.Â
The delivery to or consumption of alcoholic beverages by a minor
in connection with any bona fide religious service or observance under
the direct supervision of an adult, with the consent of the owner
or person in control of the premises, and with the express consent
of said minor's parent for that particular occasion and at that particular
premises;
2.Â
The delivery to or consumption of alcoholic beverages by a minor
pursuant to the express consent of said minor's parent for that particular
occasion and at that particular premises; and
3.Â
The possession or use by a minor of a controlled substance lawfully
prescribed by a practitioner and pursuant to the express consent of
the minor's parent for that particular substance pursuant to the directions
of said practitioner.
C.Â
No
person owning, in control of or in supervision over any premises shall
knowingly permit alcoholic beverages or controlled substances to be
in the possession of or to be used by minors at or within said premises.
D.Â
No person shall rent any premises, room or other portion of a building or grounds to a minor or to an adult when it is reasonably certain that minors may utilize said premises for a gathering at which alcoholic beverages or controlled substances will be in the possession of or used by minors, in any manner prohibited by above Subsection (B).
E.Â
Any
person in ownership of, control of or supervision over any premises
at which alcoholic beverages or controlled substances are in the possession
of or are being used by minors shall cause all such minors in or about
the premises to disperse within fifteen (15) minutes of being so directed
by a City Police Officer.
[1]
Editor’s Note: Section 2 of this ordinance provided
an effective date of 1-1-2017.
