For the purposes of this Article, the following words and phrases
are defined as follows:
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Pevely, including curfew and moving traffic violations.
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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.
[Ord. No. 1176A §1, 8-28-2008]
A.
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 Pevely
between the hours of 10:30 P.M. and 6:00 A.M. The provisions of the
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.
B.
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.
C.
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 (1st) violation, shall be guilty of an offense.
D.
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.
A.
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.
B.
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 (2nd) or successive violation of any offense.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be 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 (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) 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 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).
