[Ord. No. 23.023 §1, 11-4-1996]
No person under the age of seventeen (17) shall be (whether
in any automobile or not in an automobile) in or upon the public streets,
alleys, parks, playgrounds, or other public grounds, public places,
public buildings, places of amusement and entertainment, vacant lots
or other unsupervised places, between the hours of 12:00 A.M. and
6:00 A.M. of the following day, except on Friday and Saturday of each
week, when the hours shall be 1:00 A.M. to 6:00 A.M. of the same day.
[Ord. No. 23.023 §2, 11-4-1996]
It shall be unlawful for any parent, guardian, or other person
having the legal care and custody, or who has accepted responsibility
for the care and custody of a person under the age of seventeen (17),
to knowingly or with reason to know, permit such minor to violate
the provisions of this Article.
[Ord. No. 23.023 §3, 11-4-1996]
A. Any
Police Officer, upon finding a minor in violation of this Article,
shall determine the name and address of such minor and warn the minor
that he/she is in violation of the curfew established herein and shall
direct the minor to proceed at once to his/her home or usual place
of abode. The officer may take the child into custody and release
him/her to his/her parent or guardian or release the child at the
scene with a written notice of referral to the Juvenile Court. The
Police Officer shall report, in writing, all such action to his/her
supervising officer, who may in turn as well notify the parent, guardian,
or person having the legal care and custody of such minor person of
the violation.
B. If
the minor refuses to obey the direction of the Police Officer or refuses
to give his/her correct name and address, or if the minor has previously
been warned that he/she is in violation of the curfew established
herein, the minor shall be taken to the Police Department and the
parent, guardian, or other person having the legal care and custody
of the minor shall be notified to come and take charge of the minor.
If the parent, guardian, or other person having legal care and custody
of the minor cannot be located or fails to come and take care of the
minor, the minor shall be released to the juvenile authorities.
[Ord. No. 23.023 §4, 11-4-1996]
Notice of a violation of the curfew established herein shall
be given in writing to the parent, guardian, or other person having
the legal care and custody of the minor. The written notice of the
violation may be served by leaving a copy thereof at the residence
of such person with any adult found at such residence, or by mailing
the notice to the last known address of such person or wherever such
person may be found. In addition, notice of a violation of a curfew
may be given in writing by personally serving a copy to the parent,
guardian, or other person having legal care and custody of the minor
at or at any time subsequent to the violation.
[Ord. No. 23.023 §5, 11-4-1996]
A. Any
person under the age of seventeen (17) found in repeated violation
of the curfew established herein shall be referred by the Police to
the juvenile authorities and shall be dealt with in accordance with
juvenile law and procedure.
B. Any
parent, guardian, or other person having legal care and custody of
the minor found in violation of the curfew established herein, after
having been given written notice of a prior violation as provided
herein, shall be deemed guilty of violating this Article.
[Ord. No. 23.023 §6, 11-4-1996]
A. This
Article shall not apply:
1. To any minor while directly going to or coming home from the minor's
place of employment.
2. To any minor who is accompanied by his/her parent, guardian, or other
person having the legal care and custody of the minor.
3. To any minor on an emergency.
4. To any minor who is on legitimate business directed by his/her parent,
guardian, or other person having legal care and custody of the minor.
5. To any minor going directly to or directly from an associational
activity, such as a religious or school meeting, organized dance or
theater and sporting events when reasonable and direct travel to or
from such activities had to be made during curfew.
6. To any individual under the age of seventeen (17) years who is emancipated,
as such term is defined under Missouri law.
[Ord. No. 23.023 §§7 —
8, 11-4-1996]
A. This
Article is not intended to prohibit parents from urging and consenting
to such protected associational activity by the minor children.
B. This
Article is not intended to apply to those minors engaging in legitimate
employment or traveling through the City even on interstate trip.
[Ord. No. 23.023 §9, 11-4-1996]
As used in this Article, the following term shall have these
prescribed meanings:
MINOR
Any person under the age of seventeen (17) years and adult
means any person twenty-one (21) years of age or older, except as
set forth herein.
[Ord. No. 23.023 §10, 11-4-1996]
Any adult found in violation of the provisions of this Article
and found guilty of violating this Article may be assessed a fine
of not less than one dollar ($1.00) or no more than five hundred dollars
($500.00) or up to ninety (90) days in the County Jail or by both
such fine and imprisonment. In addition, adults found guilty of a
violation of this Article may be assessed a term of community service
to be monitored and supervised by the Municipal Court of the City
of California with the costs of the Municipal Court service (not exceeding
five dollars ($5.00) per hour of community service to be performed)
to be assessed against the convicted individual.