City of Buckner, MO Offenses Concerning Minors

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.

Section 210.1980 Curfew for Persons Under Seventeen.

It shall be unlawful for any person under the age of seventeen (17) years to be in or upon any public place or way within the City of Buckner between the hours of 12:01 A.M. and 6:00 A.M. The provisions of this Section shall not apply to any such persons accompanied by a parent or guardian, to any such person upon an errand or other legitimate business directed by such person's parent or guardian, to any such person who is engaged in gainful, lawful employment during said time period, or who is returning or in route to said employment, or to any such person who is attending or in route to or from any organized religious or school activity.

Responsibility Of Parent. The parent, guardian or other adult person having the care and custody of a person under the age of seventeen (17) years shall not knowingly permit such person to violate this Section.

Notice To Parent. Any Law Enforcement Officer finding any person under the age of seventeen (17) years violating the provisions of this Section shall warn such person to desist immediately from such violation and shall promptly report the violation to his/her superior officer who shall cause a written notice to be served upon the parent, guardian or person in charge of such person setting forth the manner in which this Section has been violated. Any parent, guardian or person in charge of such person who shall knowingly permit such person to violate the provisions of this Section, after receiving notice of the first violation, shall be guilty of an offense.

Service Of Notice. The written notice provided in Subsection (C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section with any person found at such residence over the age of seventeen (17) years or by mailing such notice to the last known address of such parent, guardian or person in charge of such person, wherever such person may be found.

Section 210.1990 Parental Responsibility.

Whenever a minor shall be arrested or detained for the commission of any offense within the City, the Police Department shall, as soon as possible thereafter, deliver written notice to the minor's parent of the arrest or detention, and such notice shall advise the parent of his/her responsibility under this Section. The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof. If the parent refuses to sign said notice, the notifying Law Enforcement Officer shall indicate such refusal on the notice.

No parent shall fail 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. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second or successive violation of any offense.

Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to a penalty as set forth in Section 100.220 of this Code. 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 the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).

Section 210.2000 Prohibition Against Lingering.

[R.O. 2003 §220.035; Ord. No. 712 §1, 4-1-2004]

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.

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:

Repeatedly stopping or attempting to stop or interfere with the free passage of others;

Repeatedly engaging in or attempting to engage others in conversation; and/or

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.

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.

Any person found guilty of unlawful lingering hereunder shall be punished as set out in this Code.

Section 210.2010 Violations and Penalties.

[R.O. 2003 §220.040; Ord. No. 712 §1, 4-1-2004]

210.1970 may be referred to the Juvenile Court for appropriate action.

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.

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.

Section 210.2020 Duties of Police Officers.

[R.O. 2003 §220.050; C.C. 1979 §77.050; Ord. No. 712 §1, 4-1-2004]

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.

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.

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.

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.

Section 210.2030 through Section 210.2090. (Reserved)