[Ord. No. 8-15 §§1 — 3, 10-19-1998; Ord. No. 4-30 §1, 1-30-2008]
A. There
is hereby added to the City of Farmington Municipal Code pertaining
to curfew hours for minors as herein below defined.
B.
Definitions. As
used in this Article, the following terms shall have these prescribed
meanings:
CURFEW HOURS
1.
11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 6:00 A.M. of the following day; and
2.
12:01 A.M. until 6:00 A.M. on any Friday or Saturday.
EMERGENCY
An unforeseen combination of circumstances a resulting state
that calls for immediate action. The term includes, but is not limited
to, a fire, a natural disaster, or automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
GUARDIAN
1.
A person who, under court order, is guardian of the person of
a minor.
2.
A public or private agency with whom a minor has been placed
by the court.
MINOR
Any person under sixteen (16) years of age.
PARENT
A person who is the natural parent, adoptive parent or stepparent
of another person.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transportation facilities and shops.
RESPONSIBLE ADULT
A person at least eighteen (18) years of age authorized by
a parent or guardian to have the care and custody of a minor.
C. Curfew Restrictions.
1. It is unlawful for any minor to be present in any public place or
on the premises of any establishment within the City of Farmington,
Missouri, during curfew hours.
2. It is unlawful for any parent or guardian of a minor knowingly to
permit, or by insufficient control to allow, the minor to be present
in any public place or on the premises of any establishment within
the City during curfew hours.
3. It is a defense to prosecution under Subsection
(B) that the minor was:
a. Accompanied by the minor's parent or guardian or by a responsible
adult;
b. On an errand at the direction of the minor's parent or guardian or
other responsible adult without any detours or stops;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity or going to or returning home from
employment activity without any detours or stops;
e. Involved in any emergency;
f. on the sidewalk abutting the minor's residence;
g. Attending an official school, religious or other recreational activity
supervised by adults or going to or returning home from without any
detours or stops;
h. Exercising First Amendment rights protected by the United States
Constitution.
4. Before taking any enforcement action under this Section, a Police
Officer shall ask the apparent offender's age and reason for being
in the public place or on the premises of the establishment during
curfew hours. The officer shall not issue a citation or make an arrest
under this prosecution unless the officer reasonably believes an ordinance
violation has occurred and that, based on any responses and other
circumstances, no defense under Section (B) is present or applicable.
5. Each violation of this Section shall constitute a separate ordinance
violation.
D. Penalty. Any minor or parent violating provisions of Subsection
(B) shall be guilty of an ordinance violation and shall be dealt with in accordance with the Juvenile Court law and procedure.