For the purposes of this Article, the following words and phrases
are defined as follows:
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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 offense.
[R.O. 2003 §220.035; Ord. No. 712 §1, 4-1-2004]
A. It is unlawful for any person to linger within one hundred (100)
feet of any business. It is also unlawful for any person to linger
in any other place, at any time or in any manner under circumstances
that warrant justifiable and reasonable alarm or immediate concern
that the person seeks to possess, buy, sell or distribute any deadly
weapon, illegal intoxicant or otherwise commit any crime or offense
or attempt to entice others to do so.
B. As used herein, the expression "linger" means remaining outdoors
in any location in which the individual does not have an ownership
interest or leasehold interest or permission from the owner or lessee
while:
1.
Repeatedly stopping or attempting to stop or interfere with
the free passage of others;
2.
Repeatedly engaging in or attempting to engage others in conversation;
and/or
3.
Repeatedly stopping or attempting to stop motor vehicles by
any one (1) or more of these activities with the purpose of possessing,
buying, selling or distributing any deadly weapon, controlled substance,
illegal intoxicant or for committing or attempting to commit any crime
or offense or enticing others to do so.
C. Among the circumstances which may be considered in determining whether alarm or immediate concern as set forth in Subsection
(A) of this Section is warranted is whether a person takes flight upon the appearance of a Law Enforcement Officer, refuses to provide identity or endeavors to conceal himself, herself or any object. Unless flight by the person or other circumstances make it impracticable, a Law Enforcement Officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm or immediate concern by requesting that the person provide identity, explain his or her presence and conduct and demonstrate that he or she is unarmed. No person shall be convicted of an offense under this Section if the Law Enforcement Officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern which gave rise to the initial intervention by law enforcement.
D. Any person found guilty of unlawful lingering hereunder shall be
punished as set out in this Code.
[R.O. 2003 §220.040; Ord. No. 712 §1, 4-1-2004]
A. 210.1970 may be referred to the Juvenile Court for appropriate action.
B. Any parent, guardian or other adult person having the care and custody of a minor violating Section
210.1980 shall be guilty of an ordinance violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined to jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense.
C. Any keeper or proprietor of any place of amusement, as defined in Section
210.1990 of this Chapter, who shall violate any provisions of this Chapter and any person who violates Section
210.2000 shall be guilty of an ordinance violation and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or confined in jail not more than ninety (90) days, or punished by both said fine and imprisonment for each offense.
[R.O. 2003 §220.050; C.C. 1979 §77.050; Ord. No. 712 §1, 4-1-2004]
A. All Law Enforcement Officers are authorized to extend protective
intervention services to any minor believed to be at risk of harm
as set out in this Chapter and conduct such further investigation
as may be viewed as due to his or her traveling to or from work, any
bona fide recreational or educational program sponsored by any governmental,
civic, religious or community organization, or travel to or from any
duly licensed provider of medical, dental or psychiatric or related
care.
B. As used in this Chapter, the expression "protective intervention
services" shall mean the stopping, questioning, non-punitive detention
and summoning of a minor's parents, guardian to the Buckner Police
Station for the purpose of determining whether the minor has been
the victim of unlawful neglect or whether his or her apparent delinquency
has been encouraged, condoned or approved by his or her parent or
legal guardian.
C. Law Enforcement Officers may arrest any minor that is in violation of Section
210.1970 hereof and forthwith take said minor to the Buckner Police Station to be held pending the placement to their lawful parent or guardian and to instruct said parent or guardian to produce said minor before the proper court if said Police Officer desires to file charges against said party.
D. When Law Enforcement Officers cannot make contact with said minor's
parents or guardian for the purpose of release to said parent or guardian,
the minor shall be transported to juvenile intake until such said
parent or guardian retains custody of said minor.