[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:
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.
Any person under the age of seventeen (17).
Mother, father, a legal guardian or any person having the
care or custody of a minor or student.
Any person under the age of eighteen (18) enrolled in a primary
or secondary education institution or home school.
[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 (1st) violation, shall be guilty of any offense under Section 210.1990 of the Village Code (Parental Neglect Prohibited).
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. 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 pre-emptively 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 (2nd) 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.
