[R.O. 2013 § 210.1970; R.O. 2012 § 210.580; Ord. No. 1015 Art. II, 4-26-2012]
For the purposes of this Article, the following words and phrases
are defined as follows:
A person eighteen (18) years of age or older.
CHILD
Any person under eighteen (18) years of age.
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri, or the ordinances of any City,
Town or Village of the State of Missouri, including moving traffic
violations.
The juvenile division or divisions of the Circuit Court of
the County, or judges while hearing juvenile cases assigned to them.
The right to the care, custody and control of a child and
the duty to provide food, clothing, shelter, ordinary medical care,
education, treatment and discipline of a child. Legal custody may
be taken from a parent only by court action and if the legal custody
is taken from a parent without termination of parental rights, the
parent's duty to provide support continues even though the person
having legal custody may provide the necessities of daily living.
Any person under the age of eighteen (18).
Either a natural parent or a parent by adoption and if the
child is illegitimate, "parent" means the mother.
Any person under the age of eighteen (18) enrolled in a primary
or secondary education institution or home school.
[R.O. 2013 § 210.1980; R.O. 2012 § 210.590; Ord. No. 1015 Art. III, 4-26-2012]
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 Village of Hanley Hills, Missouri (hereafter "Village") between
the hours of 10:00 P.M. and 6:00 A.M. of the following day. The provisions
of this Section shall not apply:
1.
To any such person accompanied by a parent or guardian;
2.
To any such person who is engaged in lawful employment during
said time period, or who is returning from 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.
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 Village, including, but not limited to, all public streets,
parks, playgrounds and businesses located within the Village, unless
accompanied by an adult relative.
C.
Truancy Enforced.
1.
No parent, guardian or other person in this Village 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 herself/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.
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 any offense under Section 210.1990, Parental Neglect Prohibited, of the Village Code.
F.
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.
[R.O. 2013 § 210.1990; R.O. 2012 § 210.600; Ord. No. 1015 Art. IV, 4-26-2012]
A.
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.
B.
Notification Of Responsibility.
1.
Whenever a minor or student shall be arrested or detained for
the commission of any criminal act within the Village of Hanley Hills,
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 notifications pursuant to this Section may elect to preemptively seek interventions available under Subsection (D) of this Section. Successful compliance with an appropriate intervention will void the notification which cannot thereafter be used as prima facie evidence under Subsection (C) of this Section.
C.
Written parental notice as defined in Subsection (B) of this Section shall be prima facie evidence of a violation of Subsection (A) if the minor or student commits a second or successive criminal act. Each violation of the provision of this Section shall constitute a separate offense. Any person who shall violate this Section shall be punished as provided in Section 100.220 of the Village Code. Before punishment as provided in Section 100.220 is imposed, the person found guilty of violating the provisions of this Section must be given 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 (D) 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).
D.
Mandatory Interventions To Be Imposed Under Probation.
1.
For violations of this Section, the court must 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 case worker 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
performances;
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 Village'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 may take the compliance reports
into consideration for purposes of terminating, revoking or extending
the probation term.
