[R.O. 1996 § 215.130; Ord. No. 836 § 16-77, 2-8-1993]
A.
Generally. It shall be unlawful for any
juvenile under the age of eighteen (18) years to loiter, ramble, play
or frequent the sidewalks, streets, alleys or public places of this
City between the hours of 11:00 P.M. and 5:00 A.M. Sunday through
Thursday and Midnight to 5:00 A.M. Friday and Saturday unless such
juvenile is accompanied by a parent, guardian or other person having
legal custody of such juvenile, or is in the performance of an errand
or duty directed by such parent or guardian or legal custodian, or
whose employment makes it necessary to be upon such streets, alleys,
or public places during the nighttime, or is in attendance or going
to or coming from an activity sponsored by or under the direction
of the public schools or churches, after such specified hour of 11:00
P.M.
B.
Parental Responsibility. It is hereby made unlawful for any parent, guardian or person having the legal care or custody of any juvenile to allow such juvenile to loiter, ramble, play or frequent sidewalks, streets, alleys or public places of this City in the nighttime as specified in Subsection (A) of this Section.
[R.O. 1996 § 215.135; Ord. No. 1987, 8-25-2008]
A.
DAYTIME CURFEW HOURS
EMERGENCY
GUARDIAN
MINOR
PARENT
PUBLIC PLACE
SCHOOL OFFICIAL
Definitions. As used in this Section, the
following words and terms shall have the meanings respectively ascribed:
Between the hours of 9:00 A.M. and 2:30 P.M. on a Monday,
Tuesday, Wednesday, Thursday or Friday when schools are in session.
Includes, but not be limited to, fire, natural disaster,
an automobile accident or obtaining immediate medical care for another
person.
Any person to whom custody of a minor has been given by a
court order.
Any person under eighteen (18) years of age or seven (7)
years of age or older.
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.
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 houses, office
building, transport facilities and shops.
An administrator in the school in which the minor is enrolled
or a supervisor of that administrator. In the case of a minor being
educated in a home school, a parent or guardian of the minor shall
be deemed a school official.
B.
Daytime Curfew.
1.
No minor who is subject to compulsory
education under the law of the State of Missouri shall remain in,
on or upon any establishment's premises, public place or street during
daytime curfew hours. This Section shall also apply to a minor whose
enrollment status is under suspension or expulsion.
2.
No parent or guardian shall knowingly
permit or, by insufficient control, allow a minor to remain in, on
or upon any establishment's premises, public place or street during
daytime curfew hours. No parent or guardian shall refuse to take custody
of the minor.
3.
In addition to other relevant evidence,
such parent or guardian shall be deemed to have knowledge of a minor's
continued violation of daytime curfew hours as a result of having
received initial notification of same from a Police Officer or notification
of unexempted, unexcused absences from a school official or a representative
of a school official.
C.
Daytime Curfew — Exceptions. Subsection (B) shall not apply to the minor, parent, guardian or operator of an establishment when the minor is:
1.
Exempt or excluded from compulsory
education, as provided by the laws of the State of Missouri, or is
authorized to be absent from his or her school pursuant to the provisions
of the laws of the State of Missouri;
2.
Attending his or her school;
3.
Accompanied by his or her parent
or guardian or other adult person having the care or custody of the
minor;
4.
On an errand as directed by his or
her parent or guardian or other adult person having the care or custody
of a minor, without any detour or stop;
5.
Lawfully engaged in a business, trade,
profession, occupation or employment-related activity at the time,
or going to or coming from a place of employment or the location of
an employment-related activity which is connected with or required
with respect to the business, trade, profession or occupation in which
the minor is lawfully engaged, without any detour or stop;
6.
Attending a public meeting or a school,
religious, recreational or civic organization activity, event or function
which is under the direction, supervision or control of an adult and
which is organized, arranged or sponsored by the City, a local educational
authority, a religious or civic organization or another similar entity
that is taking responsibility for the minor; or going to or coming
from that activity, event or function, without any detour or stop;
7.
Carrying in his or her possession
a valid, school-issued, off-campus permit or pass that authorizes
the minor to leave his or her school campus for lunch, a school-related
activity or some other event approved by his or her school official;
8.
Receiving medical or mental treatment
or care; or is going to or coming from a medical or mental appointment,
without any detour or stop;
9.
Attending or traveling directly to
or from an activity involving the exercise of first amendment rights
of free speech, freedom of assembly or free exercise of religion;
10.
Involved in an emergency such as
a fire, natural disaster, automobile accident, a situation requiring
immediate action to prevent serious bodily injury or loss of life
or any unforeseen combination of circumstances or the resulting state
which calls for immediate action;
11.
Is within a motor vehicle, bus or
train involved in interstate travel;
12.
Not a resident of the City and the
minor possesses a valid passport, visitor's visa or other form of
identification which establishes that the minor is temporarily visiting
within the City;
13.
On a sidewalk abutting the minor's
permanent residence; or
14.
Engaged in a lawful employment or
volunteer work at a recognized charity institution or is going to
or coming from such activity without detour or stop.
D.
Enforcement — Penalties.
1.
Subsection (B) shall be enforced as follows:
a.
Before taking any action to enforce the provisions of Subsection (B), a Police or Peace Officer who has a reasonable suspicion based on facts describing that the minor, parent, guardian or operator of an establishment is in violation of a provision contained in Subsection (B) shall ascertain:
(1)
The minor's name, address,
age;
(2)
The name of the minor's
parent or guardian;
(3)
The reason or purpose
for the minor's being in, on or upon the establishment, public place
or street during the daytime curfew hours; and
(4)
Any other information
reasonably necessary to determine whether a violation exists.
b.
A Police or Peace Officer shall enforce the provisions of Subsection (B) by way of a written summons to appear or an arrest for an adult, and by way of a written notice to appear, a referral to the Jackson County Family Court or Eastern Jackson County Youth Court Services Diversion Program, or any procedure authorized under the Juvenile Code of the State of Missouri for a minor, when:
2.
When a minor is charged with a violation of Subsection (B), each violation shall constitute a separate offense and shall be punishable as an infraction by up to one hundred (100) hours of community service for each offense. In addition, the minor may be ordered to attend educational programs and complete a written essay and apology. Whenever a minor shall have been summoned by written notice to appear for the violation of any provision of this Section, the parent(s) or guardian of such minor, if known, shall be summoned to appear with such minor.
E.
Penalty. Any parent, guardian or other person having charge, control or custody of the child who violates the provisions of this Section 215.135 is guilty of an ordinance violation. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three (3) public school days, after which each successive school day shall constitute a separate violation of this Section 215.135. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish or home school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the superintendent, principal or person in charge of the school is prima facie evidence of regular attendance by the child.
[R.O. 1996 § 215.136; Ord. No. 2364 § 1, 7-13-2015]
A.
Whenever a minor child is arrested or detained
for the commission of any ordinance violation or State Statute within
the City, the Police Department shall, as soon as practical thereafter,
deliver written notice to the minor's parent(s); guardian; or other
person(s) legally charged with the care of a child [a person less
than eighteen (18) years of age] of the arrest or detention. Such
notice shall advise the parent or guardian of his/her responsibility
under this Section. The notice shall be in such a form as to be signed
by the parent or guardian signifying receipt thereof. If the parent
refuses to sign said notice, the notifying Police Officer shall indicate
such refusal on the notice.
B.
EDUCATIONAL NEGLECT
TRUANCY
No parent shall fail to exercise customary
and effective control over a minor child so as to allow; contribute
to cause; or tend to cause a minor to commit any violation of City
ordinances or State Statutes. This includes the status and delinquent
offenses of truancy and educational neglect defined herein:
The continuous absence of child from school through intent
or neglect of the parent, guardian or other care taker.
Absence from school through the intent of the child. Violation
of this Section shall be punishable as set forth below herein.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who violates this Section is 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 violation; not less than two hundred dollars ($200.00) for a second 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 restitution to any person who has been damaged by the misconduct of the minor child in an amount not to exceed two thousand dollars ($2,000.00).
