[CC 1979 §77.010; Ord. No. 2357 §1, 11-5-1996]
For the purposes of this Article, the following words and phrases
are defined as follows:
CITY
The City of Sullivan, Missouri.
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 Sullivan, including curfew and moving traffic violations.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state 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 a profit
to which the public is invited including, but not limited to, any
place of amusement or entertainment.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
OPERATOR
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
PARENT
Any person having legal custody of a juvenile:
1.
As a natural or adoptive parent;
3.
As a person who stands in loco parentis; or
4.
As a person to whom legal custody has been given by court order.
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.
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 grounds found within the legal right-of-way of
a street.
REMAIN
To stay behind, to tarry and to stay unnecessarily in a public
place including the congregating of groups (or of interacting minors)
totalling 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 the City Code. More and more exceptions become available with a
juvenile's increasing years and advancing maturity as appropriate
in the interest of reasonable regulation.
TIME OF NIGHT
Is based upon the prevailing standard of time, whether Central
Standard Time or Daylight-Saving 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", the latter phrase in practice, unfortunately,
having confused a number of persons into the mistaken thought that
seventeen (17) year olds might be involved. Similarly, for example,
eleven (11) or less years of age means "under twelve (12) years of
age".
[CC 1979 §77.020; Ord. No. 2357 §1, 11-5-1996]
A. It
shall be unlawful for any person under seventeen (17) to be or remain
in or upon a public place within the City of Sullivan, Missouri, during
the period ending at 6:00 A.M. and beginning:
1. At 11:59 P.M. on Friday and Saturday nights; and
2. 11:00 P.M. on all other nights.
[CC 1979 §77.030; Ord. No. 2357 §1, 11-5-1996]
A. The
following shall constitute valid exceptions to the operation of the
City Code:
1. When a juvenile is accompanied by a parent of such juvenile.
2. When a juvenile is accompanied by an adult authorized by a parent
of such juvenile to take said parent's place in accompanying said
juvenile for a designated period of time and purpose within a specified
area.
3. When the juvenile is on an errand as directed by his/her parent until
the hour of 12:30 A.M.
4. When a juvenile is exercising First Amendment rights protected by
the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly, by first delivering to
the person designated by the City's Chief of Police to receive such
information a written communication, signed by the juvenile and countersigned,
if practicable, by a parent of the juvenile with their home address
and telephone number, specifying when, where and in what manner the
juvenile will be in a public place during hours when the City Code
is applicable to said minor in the exercise of a First Amendment right
specified in such communication.
5. In case of reasonable necessity for the juvenile remaining in a public
place but only after the juvenile's parent has communicated to the
Chief of Police or the person designated by the Chief of Police to
receive such notifications the facts establishing the reasonable necessity
relating to a specified public place at a designated time for a described
purpose including points of origin and destination. A copy of the
communication or of the Police record thereof, duly certified by the
Chief of Police to be correct, with an appropriate notation of the
time it was received and of the named and addresses of the parent
and juvenile shall be admissible evidence.
6. When a juvenile is on the sidewalk where the juvenile resides and
the adult owner or resident has given permission for the juvenile
to be there.
7. When a juvenile is returning home by a direct route without any unnecessary
detour or stop from and within one (1) hour of the termination of
a school activity or an activity of a religious or other voluntary
association or a place of public entertainment, such as a movie, play
or sporting event. If the event is not commercial in nature or does
not have a fixed, publicly known time at which it will or does end,
the sponsoring organization must register the event with the Chief
of Police (or his/her assigned representative) at least twenty-four
(24) hours in advance informing the Police Department of the time
that such event is scheduled to begin, the place at which it shall
be held, the time at which it shall end, and the name of the sponsoring
organization.
8. When authorized by special permit from the Chief of Police carried on the person of the juvenile thus authorized, as follows: When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of this City Code, then recourse may be had to the Chief of Police, either for a regulation as provided in Subsection
(9) or for a special permit as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by a juvenile and by a parent of the juvenile, if feasible, stating (1) the name, age and address of the juvenile; (2) the name, address and telephone number of parent thereof; (3) the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; (4) the necessity that requires the juvenile to remain upon a public place during the curfew hours otherwise applicable; (5) the public place; and (6) the beginning and ending of the period of time involved by date and hour, the Chief of Police may grant a permit in writing for the juvenile's use of a public place at such hours as in the opinion of the Chief of Police may reasonably be necessary and consistent with the purposes of this City Code. In an emergency, this may be handled by telephone or other effective communication with a corresponding record being made contemporaneously to the Chief of Police or to the person designated by the Chief of Police to act on his/her behalf in an emergency at the Police station.
9. When authorized by regulation issued by the Chief of Police in other
similar cases of reasonable necessity, similarly handled but adapted
to reasonably necessary nighttime activities of more juveniles than
can readily be dealt with on an individual basis. Normally such regulation
by the Chief of Police permitting use of public places should be issued
sufficiently in advance to permit appropriate publicity through news
media and through other agencies such as the schools and shall define
the activity, the scope of the use of the public places permitted,
the period of time involved not to extend more than one (1) hour beyond
the time for termination of the activity, and the reason for finding
that the regulation is reasonably necessary and is consistent with
the purposes of this City Code.
10. When the juvenile is legally employed.
11. When the juvenile is, with parental consent, engaged in normal interstate
travel through the City or originating or terminating in the City.
12. When the juvenile is married or has been married pursuant to State
law.
13. In the case of an operator of an establishment when the operator
has notified the Police that a juvenile was present on the premises
of the establishment during curfew hours and refused to leave.
14. Each of the foregoing exceptions and their several limitations, such
as provisions for notification, are severable as hereinafter provided
but here re-emphasized and will be considered by the Board when warranted
by future experience illuminated by the views of student government
associations, school personnel, citizens, associations, parents, officers
and persons in authority concerned positively with juveniles as well
as with juvenile delinquency.
[CC 1979 §77.040; Ord. No. 2357 §1, 11-5-1996]
It shall be unlawful for a parent having legal custody of a
juvenile knowingly to permit or by inefficient control to allow the
juvenile to remain in any City public place under circumstances not
constituting an exception to, or otherwise beyond the scope of, the
City Code. The term "knowingly" includes knowledge that a parent should
reasonably be expected to have concerning the whereabouts of a juvenile
in that parent's legal custody. This requirement is intended to hold
a neglectful or careless parent up to a reasonable community standard
of parental responsibility through an objective test. It shall, therefore,
be no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such juvenile.
[CC 1979 §77.050; Ord. No. 2357 §1, 11-5-1996]
It shall be unlawful for any operator of an establishment to
knowingly permit a juvenile to remain at the establishment under circumstances
not constituting an exception to, or otherwise beyond the scope of,
the City Code. The term "knowingly" includes knowledge that an operator
should reasonably be expected to have concerning the patrons of the
establishment. The standard for "knowingly" shall be applied through
an objective test: whether a reasonable person in the operator's position
should have known that the patron was a juvenile in violation of the
City Code.
[CC 1979 §77.060; Ord. No. 2357 §1, 11-5-1996]
A. If
a Police Officer reasonably believes that a juvenile is in a public
place in violation of the City Code, the officer shall notify the
juvenile that he/she is in violation of the City Code and shall require
the juvenile to provide his/her name, address and telephone number
and how to contact his/her parent or guardian. In determining the
age of the juvenile and in the absence of convincing evidence such
as a birth certificate, a Police Officer shall, in the first (1st)
instance of violation of the City Code, use his/her best judgment
in determining age.
B. The
Police Officer shall issue the juvenile a written warning that the
juvenile is in violation of the City Code and order the juvenile to
go promptly home. The Chief of Police shall send the parent or guardian
of the juvenile written notice of the violation pursuant to this Section.
C. Police
procedures shall constantly be refined in the light of experience
and may provide that the Police Officer may deliver to a parent or
guardian thereof a juvenile under appropriate circumstances; for example,
a juvenile of tender age, near home, whose identity and address may
readily be ascertained or are known.
D. Notwithstanding Subsection
(B) of this Section, when:
1. A juvenile has received one (1) previous written warning for violation
of this City Code; or
2. A Police Officer has reasonable grounds to believe that the juvenile
has engaged in illegal conduct in violation of State law or City ordinance,
the procedure shall then be to take the juvenile to the Police station
where a parent or guardian shall immediately be notified to come for
the juvenile whereupon the parent or guardian and the juvenile shall
be questioned. This is intended to permit ascertainment, under constitutional
safeguards, of relevant facts and to centralize responsibility in
the person designated there and then on duty for accurate, effective,
fair, impartial and uniform enforcement and recording, thus making
available experienced personnel and access to information and records.
E. When
a parent or guardian, immediately called, has come to take charge
of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
to the extent that in accordance with Police regulations, approved
in advance by juvenile authorities, the juvenile may temporarily be
entrusted to an adult, neighbor or other person who will on behalf
of a parent or guardian assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
F. In
the case of a first (1st) violation of the City Code by a juvenile,
the Chief of Police or his/her designated representative shall by
certified mail send to a parent or guardian written notice of the
violation with a warning that any subsequent violation will result
in full enforcement of the City Code, including enforcement of parental
responsibility and of applicable penalties.
G. For
the first (1st) violation of the City Code by an operator of an establishment
who permits a juvenile to remain on the premises, a Police Officer
shall issue a written notice of the violation with a warning that
any subsequent violation will result in full enforcement of the City
Code, including enforcement of operator responsibility and of applicable
penalties.
H. In
any event the Police Officer shall, within twenty-four (24) hours,
file a written report with the Chief of Police or shall participate
to the extent of the information for which he/she is responsible in
the preparation of a report on the curfew violation. It is not the
intention of this Section to require extensive reports that will prevent
Police Officers from performing their primary Police duties. The reports
shall be as simple as is reasonably possible and may be completed
by Police Department personnel other than sworn Police Officers.
I. If, after the warning notice pursuant to Subsection
(B) hereof of a first (1st) violation by a juvenile, a juvenile subsequently violates Section
210.675, in addition to all other procedures required herein, the Chief of Police or his/her designated representative shall notify the proper juvenile authorities of such conduct by the juvenile and shall refer the matter to said juvenile authorities. The Chief of Police or his/her designated representative shall determine whether or not the referral to the juvenile authorities shall be immediate depending upon the number of prior violations of Section
210.675 by the subject juvenile, the circumstances surrounding the offense, and the potential risk of harm to the subject juvenile or the public by the conduct engaged in by the juvenile at the time the offense occurred.
[CC 1979 §77.070; Ord. No. 2357 §1, 11-5-1996]
A. If, after the warning notice pursuant to Section
210.695 of a first (1st) violation by a juvenile, a parent violates Section
210.685 (in connection with a second (2nd) violation by the juvenile), this shall be treated as a first (1st) offense by a parent. For the first (1st) offense and for each subsequent offense by a parent, the fine shall be no less than fifty dollars ($50.00) but not more than five hundred dollars ($500.00). The judge of the Municipal Court shall have the right to consider all prior offenses of violations of this City Code and the circumstances surrounding any subsequent offense when determining the penalty for any subsequent violations of this City Code.
B. The
parent or legal guardian having custody of a juvenile subject to this
Section shall be liable for all costs incurred by the City for providing
personnel to remain in the company of a juvenile who has been detained
as a curfew violator if the parent or guardian does not pick up the
juvenile within one (1) hour after receiving notice from the City
that the City is detaining the juvenile for a curfew violation.
C. The
parent or legal guardian having custody of a juvenile subject to this
Section shall be liable for any fine or condition of restitution or
reparation imposed by a court upon a curfew violator, provided that
the curfew violator has not paid the fine or made restitution or reparation
within the time ordered by the court and, further provided, that the
parent or legal guardian has been made a party defendant in all enforcement
proceedings against the curfew violator and shall be served with all
citations, summons, complaints, notices and other documents required
to be served on the curfew violator defendant.
D. If, after the warning notice pursuant to Section
210.695 of a violation of the City Code, an operator of an establishment violates Section
210.690 a second (2nd) time, this shall be treated as a first (1st) offense by the operator. For the first (1st) offense and for each subsequent offense by an operator, the fine shall be no less than one hundred dollars ($100.00) but not more than five hundred dollars ($500.00). The judge of the Municipal Court shall have the right to consider all prior offenses of violations of this City Code and the circumstances surrounding any subsequent offense when determining the penalty for any subsequent violations of this City Code.