City of Pagedale, MO Article II Offenses Against the Person

Section 210.010 Assault Fourth Degree.

[Ord. No. 1605, 7-31-2017]

A. A person commits the offense of assault in the fourth degree if:

1. The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

2. With criminal negligence the person causes physical injury to another person by means of a firearm;

3. The person purposely places another person in apprehension of immediate physical injury;

4. The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

5. The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

6. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

B. Except as provided in Subsection (B) of this Section, assault in the fourth degree is a class A misdemeanor.

C. Violation of the provisions of Subsection (A)(3) or (6) of this Section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under Section 565.002, in which case a violation of such provisions is a class A misdemeanor.

Section 210.013 Domestic and Family Violence Code.

[Ord. No. 1296 §1, 11-11-2004]

The Model Code on Domestic and Family Violence which is on file in the office of the City Clerk, is hereby adopted by the City of Pagedale in its entirety and shall apply to all individuals, residents, families and/or household located within the City of Pagedale.

Section 210.015 Domestic Assault. [1]

A. A person commits the offense of domestic assault if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor as defined in Section 455.010, RSMo.; and

1. The person attempts to cause or recklessly causes physical injury to such family or household member;

2. With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument;

3. The person purposely places such family or household member in apprehension of immediate physical injury by any means;

4. The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member;

5. The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or

6. The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices or transportation for the purpose of isolation.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.020 Assault of a Law Enforcement Officer.

A. A person commits the offense of assault of a Law Enforcement Officer, emergency personnel or Probation and Parole Officer if:

1. Such person recklessly causes physical injury to a Law Enforcement Officer, emergency personnel or Probation and Parole Officer;

2. Such person purposely places a Law Enforcement Officer, emergency personnel or Probation and Parole Officer in apprehension of immediate physical injury;

3. Such person knowingly causes or attempts to cause physical contact with a Law Enforcement Officer, emergency personnel or Probation and Parole Officer without the consent of the Law Enforcement Officer, emergency personnel or Probation and Parole Officer.

B. As used in this Section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in Subdivisions (15), (16) and (17) of Section 190.100, RSMo.

Section 210.030 Harassment.

A. A person commits the offense of harassment if for the purpose of frightening or disturbing another person he/she:

1. Communicates in writing or by telephone a threat to commit any felony;

2. Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility;

3. Makes a telephone call anonymously; or

4. Makes repeated telephone calls.

Section 210.040 False Imprisonment. [1]

A person commits the offense of false imprisonment if he/she knowingly restrains another unlawfully and without consent so as to interfere substantially with his/her liberty.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.045 Parental Neglect Prohibited.

[Ord. No. 1486, 3-8-2012]

A. Definitions. For the purpose of this Section, the following words and phrases are defined as follows:

CRIMINAL ACT

An act which violates the statutes of the United States, the statutes of the State of Missouri or the ordinances of the City of Pagedale, Missouri, including moving traffic violations.

MINOR

Any person under the age of seventeen (17).

STUDENT

Any person under the age of eighteen (18) enrolled in a primary or secondary education institution or home school.

PARENT

Mother, father, a legal guardian or any person having the care or custody of a minor or student.

B. No parent shall knowingly permit, encourage, aid or cause a minor or student to commit a criminal act or engage in any conduct which could be injurious to the minor's morals or health. No parent shall fail to exercise customary and effective control over a minor or student so as to allow, contribute to, cause, or tend to cause a minor or student to commit a criminal act.

C. Notification Of Responsibility.

1. Whenever a minor or student shall be arrested or detained for the commission of any criminal act within the City of Pagedale, Missouri, the Police Department shall immediately notify, in writing, the minor's or student's parent of the arrest or detention and shall advise the parent of his/her responsibility under this Section, and such parent shall appear in the said Police Department within forty-eight (48) hours after such notice.

2. A record of said notifications shall be kept by the Police Department.

3. A parent receiving notification pursuant to this Section may elect to preemptively seek interventions available under Subsection (E) of this Section. Successful compliance with an appropriate intervention will void the notification which cannot thereafter be used as prima facie evidence under Subsection (D) of this Section.

D. Written parental notice as defined in Subsection (C) of this Section shall be prima facie evidence of parental neglect if the minor or student commits a second or successive violation of any criminal act. Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be punished as provided in Subsection (F). Before punishment as provided in Subsection (F) is imposed, the person found guilty of violating the provisions of this Section must be offered either a suspended imposition of sentence (SIS) or suspended execution of sentence (SES) of up to one (1) year that requires mandatory compliance with interventions as set out in Subsection (E) of this Section. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating 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 four thousand dollars ($4,000.00).

E. Mandatory Interventions To Be Imposed Under Probation.

1. For violations of this Section, the Court may impose one (1) or more of the following interventions:

a. Assessment related to mental and emotional health and compliance with therapeutic program related to same.

b. Assessment related to need for social service resources and compliance with recommendations made by caseworker related to same.

c. Assessment related to substance abuse and compliance with treatment program related to same.

d. Assessment related to employment status and compliance with a recommended course of action to increase the prospects of employment to include enrollment in either a school, a vocational training program, or other jobs training program.

e. Monitoring of the minor's/student's academic and behavioral performance.

f. Any other intervention the Court deems necessary to effectuate the purposes of this Section.

2. Coordination with educational institutions.

a. The Court, Court officers, and relevant Court personnel shall coordinate the intervention efforts with Normandy School District's liaison to the City's municipal court, or comparable personnel from other school districts as are necessary. The Court may order compliance with interventions submitted by district personnel.

b. School district personnel may provide compliance reports for the Court's use in ascertaining whether defendants are satisfying the terms of probation. The Court must request the compliance reports and take them into consideration for purposes of terminating, revoking, or extending the probation term.

F. An individual found in violation of this Section shall be guilty of the crime of parental neglect and shall be punishable by a fine not to exceed that of four thousand dollars ($4,000.00) and/or thirty (30) days of incarceration.

Section 210.047 Curfew and Truancy Violations Prohibited.

[Ord. No. 1487, 3-8-2012]

A. Nighttime Curfew. It shall be unlawful for any person under the age of eighteen (18) years to be in or upon any public place or way within the City of Pagedale between the hours of 11:00 P.M. and 6:00 A.M. of the following day. The provisions of this Section shall not apply:

1. To any such persons accompanied by a parent or guardian;

2. 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;

3. To any such person who is attending or in route to or from any organized religious or school activity;

4. To any such person who is seeking medical aid, assistance from law enforcement, or such other exigent or emergency circumstances requiring that said person be outside of his or her residence.

B. Daytime Curfew. It shall be unlawful for persons under the age of eighteen (18) years and older than the age of six (6) years, who are suspended, expelled, or dropped out from school to loiter in public within the City of Pagedale, including but not limited to all public streets, parks, playgrounds and businesses located within the City of Pagedale, unless accompanied by an adult relative.

C. Truancy Enforced.

1. No parent, guardian, or other person in this City having charge, control or custody of a child from the ages of seven (7) to seventeen (17) years of age shall, without excuse or exemption, knowingly permit said child to absent her/himself from attendance at a public, private, parochial, parish or home school on such dates, and during such hours, as the school may be regularly in session.

2. Such parent, guardian, or other person shall be deemed to have knowledge of a child's unexempted, unexcused absence from school after having received notification, as provided for in Subsections (E) and (F) below, of same from a police officer or school representative.

D. Responsibility Of Parent. The parent, guardian or other adult person having the care and custody of a person under the age of eighteen (18) years shall not knowingly permit such person to violate this Section.

E. Notice To Parent. Any law enforcement officer finding any person under the age of eighteen (18) 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 under Section 210.045 (Parental Neglect Prohibited).

F. Service Of Notice. The written notice provided in Subsection (E) 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.

G. An individual found in violation of this Section shall be guilty of the crime of either violation curfew or truancy and, with respect to each crime individually, said individual shall be punishable by a fine not to exceed that of one thousand dollars ($1,000.00) and/or the completion of community service for the City of Pagedale, Missouri, the location and length of time of said community service to be determined by the Municipal Judge for the City of Pagedale but not to exceed forty (40) hours.

Section 210.050 Endangering the Welfare of a Child. [1]

A. A person commits the offense of endangering the welfare of a child if:

1. He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old;

2. He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;

3. Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of paragraph (c) of Subdivision (1) of Subsection (1) or paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;

4. He/she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in Section 195.130, RSMo.; or

5. He/she operates a vehicle in violation of Subdivision (2) or (3) of Subsection (1) of Section 565.024, RSMo., or Subdivision (4) of Subsection (1) of Section 565.060, RSMo., or Sections 342.020 or 342.030 of this Code, while a child less than seventeen (17) years old is present in the vehicle.

B. Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he/she is being provided non-medical remedial treatment recognized and permitted under the laws of this State.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.055 Leaving a Child Unattended in a Motor Vehicle. [1]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

COLLISION

The act of a motor vehicle coming into contact with an object or a person.

INJURY

Physical harm to the body of a person.

MOTOR VEHICLE

Any automobile, truck, truck-tractor, or any motorbus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks.

UNATTENDED

Not accompanied by an individual fourteen (14) years of age or older.

B. A person commits the offense of leaving a child unattended in a motor vehicle if such person knowingly leaves a child ten (10) years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.

[1] Note — Under certain circumstances this offense can be a felony under state law.