[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.
[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.
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.
[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.
[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.