[Ord. No. 80480 §1, 8-4-1980]
For the purpose of this Chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein:
Actual authorization by a parent or legal guardian or is
silent acquiescence by a parent or legal guardian having knowledge.
One whose parent or legal guardian has renounced his right
to the care, custody and earnings of said person.
Need not be actual knowledge of the exact location of the
minor in question, rather it may be imputed from the knowledge that
the minor is not at home, that the minor has an ultimate destination,
and that the minor may make a diversionary trip on his way to or from
the ultimate destination.
Anyone under the age of seventeen (17) years. It does not
include anyone under the age of seventeen (17) years who is legally
married. An "emancipated minor" is not included in
the term "minor".
Any bar, bowling alley, cafe, drive-in restaurant, drive-in
theater, drug store, grocery store, hamburger stand, hotel, ice cream
parlor, lobby, parking lot, pool room, restaurant, saloon, shopping
center, supermarket, theater, or any place dedicated to amusement
and entertainment, to which the public is invited, whether enclosed
or out of doors, and which includes any accompanying parking lot or
pedestrian walkway, or any appurtenance thereto which is used by the
public.
[Ord. No. 80480 §2, 8-4-1980]
No minor shall be present in or on any public street, park,
square, or any public place within the City between the hours of 10:00
P.M. and 6:00 A.M., without the knowledge and consent of a parent
or legal guardian having the care and custody of said minor.
[Ord. No. 80480 §3, 8-4-1980]
A.
It shall
be the duty of the Police Department of this City to require identification
from any person who loiters, idly remains, congregates, tarries or
stays on public street, park, square or any public place within the
City during the prescribed hours and whose actions, appearance, demeanor,
or other fact within the knowledge of the Police Officer give rise
to reasonable belief that the person stopped is a minor. Such identification
shall include the person's home address if outside this City, the
address within the City at which he is staying (if any).
1.
Should
the person stopped and questioned not be a minor, he shall be allowed
to proceed freely with no record made of the inquiry.
2.
Should
the person stopped and questioned be a minor the Police Officer shall
inquire of him whether the parent or legal guardian having care and
custody of such minor has knowledge of, and has given consent to the
presence of said minor in or on the public street, park, square, or
public place involved.
[Ord. No. 80480 §4, 8-4-1980]
A response by the minor that a parent or legal guardian neither has knowledge or has given consent to his presence in or on the public street, park, square, or public place in question, shall constitute grounds for the Officer to escort the minor in question to the address given, to inform the parent or legal guardian of the actions of the minor in question, and to inform the parent or legal guardian that he may be held responsible for the delinquency of the minor under Section 230.070 of this Chapter, should the minor later be brought before any court of this City or State for delinquency or youthful offender proceedings. Should no parent or legal guardian be found at the address given, the procedure described in Section 230.060 shall be followed.
[Ord. No. 80480 §5, 8-4-1980]
A.
A response
by the minor that a parent or legal guardian has knowledge of and/or
has given consent to his presence in or on the public street, park,
square or public place in question shall constitute grounds to call
the parent or legal guardian of the minor, at the phone number given,
or at the phone number registered and listed with the phone company,
for a corroborating statement by the parent or legal guardian.
1.
Should the parent not corroborate the statement of the minor, or should no parent or legal guardian answer the phone, the Police Officer shall escort the minor home and shall follow the procedure outlined in Section 230.040.
2.
Should the parent or legal guardian answering the phone corroborate the statement of the minor in question, the Police Officer shall inform the parent or legal guardian that continuous presence of a minor in or on the public streets, parks, squares, or other public places during the prescribed hours may constitute lack of proper supervision and care by the parent or legal guardian of said minor and may be considered evidence in proceedings for aiding in the delinquency of a minor, as prescribed in Section 230.070. The Police Officer shall then allow the child to continue on his way or shall escort the child home, as desired by the parent or legal guardian.
[Ord. No. 80480 §6, 8-4-1980]
A.
Should
the minor identify himself as a non-resident of the City, the Police
Officer shall check to see if the minor has been found present in
or on a public street, park, square, or other public place within
the previous three (3) months.
1.
If there
is no record of the minor being found present in or on a public street,
park, square, or other public place within the previous three (3)
months, the Police Officer shall inform the minor in question of this
Section and shall escort him to the place within the Municipal jurisdiction
of the City at which he is staying. If the minor is in transient who
intends to leave the City before the next morning, the minor shall
be detained and the parent or legal guardian of that minor shall be
informed that the minor will be detained if desired until the parent
or legal guardian, or the designee of the parent or legal guardian,
arrives to claim said minor. If the parent or legal guardian of the
transient minor so request, the Police Officer shall release the minor
and escort him out of the corporate limits of this City.
2.
If the non-resident has been found present in or on a public street, park, square, or other public place within the previous three (3) months, the Officer shall follow the procedure for transient minors, as found in Subsection (1) of this Section, except that the minor shall not be released until claimed by a parent or legal guardian or the designee of the parent or legal guardian.
[Ord. No. 80480 §7, 8-4-1980]
A.
No parent
or legal guardian having the care and custody of a minor shall fail
to properly supervise and care for such child if such failure of supervision
or care shall cause the child to be brought before the Juvenile Court
of the State or any other court of the City or State, for delinquency
or youthful offender proceedings.
B.
Continuous
presence by a minor during the prescribed hours in or on the public
streets, parks, squares, or other public place shall constitute prima
facie evidence of failure by the parent or legal guardian to properly
supervise said minor and shall be considered a cause of the delinquency
or offense committed.
[Ord. No. 70780 (302) §1, 7-7-1980]
Whenever the Mayor of the City of Peculiar determines that there
exists within the City of Peculiar, a substantial possibility for
popular upheaval and/or widespread destruction of either public or
private property, or whenever the Mayor has reason to believe, based
on circumstances at the time, that widespread disregard for and disobedience
of the ordinances of the City of Peculiar is imminent, he shall have
the authority to declare a State of Civil Emergency.
[Ord. No. 70780 (302) §2, 7-7-1980]
Upon the declaration of a State of Emergency by the Mayor, there
shall be placed upon the public bulletin board at the Peculiar City
Hall, a notice that a State of Civil Emergency has been declared and
said notice shall remain posted on said bulletin board throughout
the period of emergency. Additional notification of the State of Civil
Emergency may be generated through other means deemed appropriate
by the Mayor of the City of Peculiar.
[Ord. No. 70780 (302) §3, 7-7-1980]
A.
The following
acts shall be prohibited during a State of Civil Emergency:
1.
Curfew Violation. It shall be unlawful for any person under
nineteen (19) years of age to be or remain upon any street or alley
or other public place in the City of Peculiar, after 10:00 P.M., unless
such person is accompanied by a parent or guardian, or a person having
custody of such minor, or unless such person is in lawful employment
making it necessary to be in such places after 10:00 P.M. It shall
be unlawful for anyone having the legal care and custody of any person,
as described above, to allow such person to go or be upon any public
street, alley, or other public place in the City in the nighttime,
as restricted above, except in the case of necessity.
Every member of the Police Force, while on duty, is hereby authorized to detain any such minor willfully violating the provisions of Subsection (1) of this Section and, if the minor shall be a juvenile, as defined by State law, the juvenile shall be handled as dictated by the laws of the State of Missouri; if the minor is not a juvenile, the member of the Police Force detaining the minor shall immediately, upon taking custody of the minor, communicate with the parent or guardian and file the appropriate complaint on either the parent or the minor, or both.
2.
Riotous Assembly. It shall be unlawful for persons of any
age, within the corporate limits of the City of Peculiar, Missouri,
to collect, gather, or be a member of any disorderly crowd, or any
crowd gathered for any unlawful purpose.
[Ord. No. 70780 (302) §4, 7-7-1980]
The State of Civil Emergency, as declared by the Mayor of the
City of Peculiar, will remain in full force and effect for a period
of seventy-two (72) hours from the time of declaration, unless sooner
terminated by the Mayor. The termination of such a State of Civil
Emergency, if terminated prior to the seventy-two (72) hour period,
will be evidenced in the same manner as that in which the State of
Civil Emergency was originally declared. Nothing in this Article shall
be construed to prohibit the Mayor of the City of Peculiar from re-declaring
a State of Civil Emergency at the end of any such seventy-two (72)
hour period.
