[1]
Cross Reference — As to alcoholic beverages, see ch. 600.
[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.
A. 
Definitions. For purposes of this Section, the following definitions shall apply:
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
VENDING MACHINE
Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
B. 
Prohibition Of The Sale Of Tobacco Products To A Minor.
1. 
No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. This paragraph shall not apply to the distribution by family members on property that is not open to the public.
2. 
Any person who violates this Section shall be fined:
a. 
For the first (1st) offense, one hundred dollars ($100.00).
b. 
For the second (2nd) offense, two hundred dollars ($200.00).
c. 
For the third (3rd) offense and subsequent offenses, five hundred dollars ($500.00).
3. 
The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
a. 
Contain in red lettering at least one-half (½) inch high on a white background, the following:
"IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF EIGHTEEN."
b. 
Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle and the words "Under 18".
4. 
It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen (18) years of age.
5. 
A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen (18).
6. 
If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subparagraph (1). If a vending machine is in violation of Subparagraph (3) of this Section, the owner of the establishment shall be guilty of an offense established in Subparagraph (1). If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subparagraph (1).
7. 
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this Section. No person shall be liable for more than one (1) violation of this Section on any single day.
[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.