City of De Soto, MO Article X Offenses Concerning Minors

Section 215.590 Curfew For Minors During Certain Hours.

[CC 1988 §17-25; Ord. No. 3387 §§1 — 4, 11-15-1999]

A. Definitions. As used in this Section, the following terms shall mean the following:

EMERGENCY

Shall include, but not be limited to, fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person.

GUARDIAN

Any person to whom custody of a minor has been given by a court order.

MINOR

Any person under seventeen (17) years of age.

PARENT

A person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen (18) years of age or older authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.

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, highways and the common areas of schools, hospitals, apartment house, office buildings, transport facilities and shops.

B. Offenses.

1. It shall be unlawful for any minor under the age of seventeen (17) years to purposely remain, walk, run, stand, loiter, idle, wander, drive or ride about or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the City of De Soto between the hours of 12:00 Midnight and 6:00 A.M., of the following day, official City time.

2. It shall be unlawful for any minor under the age of seventeen (17) years to purposely remain, walk, run, stand, loiter, idle, wander, drive or ride about or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the City of De Soto between the hours of 8:00 A.M. and 2:30 P.M. on a Monday, Tuesday, Wednesday, Thursday or Friday of the calendar school year, as established by the school district in which the minor is enrolled.

3. It shall be unlawful for the parent(s) or guardian(s) or person having legal custody of a minor to be in violation of the curfew imposed in Subsections (B)(1 — 2) hereof.

C. Defenses. It is a defense to prosecution under Subsection (B) of this Section that:

1. The minor was accompanied by his/her parent;

2. The minor was accompanied by another adult approved by the parent;

3. The minor was on emergency errand;

4. The minor was attending school or religious activity or is going to or coming from a school, religious or government sponsored activity;

5. The minor was engaged in a lawful employment activity or is going directly to or coming directly from lawful employment;

6. The minor was on the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of the next-door neighbor not communicating an objection to the Police Officer;

7. The minor was upon an errand directed by his/her parent;

8. The minor was in a motor vehicle involved in intrastate transportation or transportation for which passage through the curfew area is the most direct route;

9. The minor was exercising his/her First Amendment rights protected by the United States Constitution including, but not limited to, the free exercise of religion, freedom of speech, and the right of assembly;

10. The minor was married or otherwise emancipated; and

11. The minor was observing the scheduled vacation of or a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has permission to be absent from school or in a public place from an authorized school official. In the case of a child being educated in a home school, a parent shall be deemed a school official.

Section 215.600 Parental Responsibility.

A. 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. 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. 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).