[R.O. 2003 § 210.480; Ord. No.
7.027 §§ 1 — 4, 11-20-2001]
A. Definitions. For the purpose of this Section, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number, and words in the singular number the plural number.
The word "shall" is always mandatory and not merely directory.
CITY
The City of Marceline, Missouri, a municipal corporation.
CUSTODIAN
Any person over the age of eighteen (18) who is in loco parentis
to a juvenile.
GUARDIAN
Any person, other than a parent, who has legal guardianship
of a minor.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, park or playground
within the City limits of the City of Marceline or properties owned
by the City of Marceline found outside the said City limits.
B. Unlawful For Minor To Be In Public Place During Certain Times. It
shall be unlawful for any minor to be either on foot or in any vehicle
in, about or upon any public place in the City between the hours of
11:00 P.M. and 5:00 A.M., Sunday through Thursday, and between the
hours of 12:00 Midnight and 5:00 A.M., Friday through Saturday, unless
accompanied by a parent, guardian, custodian or other adult person
having the care, custody or control of such minor or unless the minor
is on an emergency errand directed by his/her parent, guardian or
other adult person having the care, custody or control of the minor
or where the presence of such minor is connected and/or required by
some legitimate employment, trade, profession or occupation or unless
the minor is attending or en route to or from any school or organized
religious activity.
C. Responsibility Of Parents, Guardian And Other Adult Persons. It shall
be unlawful for any parent, guardian or other adult person having
the care, custody or control of any minor under the age of seventeen
(17) to allow such minor to be either on foot or in any vehicle in,
about or upon any public place between the hours of 11:00 P.M. and
5:00 A.M., Sunday through Thursday and the hours of 12:00 Midnight
and 5:00 A.M., Friday through Saturday. However, the provisions of
this Section do not apply to a minor accompanied by his/her parent,
guardian, custodian or other adult persons having the care, custody
or control of the minor, or if the minor is on an emergency errand
directed by his/her parent, guardian, custodian or other adult having
the care, custody or control of the minor, or required by some legitimate
employment, trade, profession or occupation, or unless the minor is
attending or en route to or from any school or organized religious
activity, or if the parent, guardian or other adult person having
the care, custody or control of the minor person herein has made a
missing person notification to a law enforcement department having
venue.
D. Notice And Service Of Notice To Parent, Guardian Or Other Adult Persons
Having The Care, Custody Or Control Of A Minor. Any Police Officer
finding any person under the age of seventeen (17) 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 adult person having the care, custody or control
of such person, setting forth the manner in which this Section has
been violated and the liabilities for said parent, guardian or other
adult person having the care, custody or control herein upon subsequent
violation of the provisions of this Section. The notice shall be in
such a form as to be signed by the notified parent, guardian or other
adult person as described herein signifying receipt thereof. If the
parent or other adult person having the care, custody or control of
the minor refuses to sign said notice, the notifying Police Officer
shall indicate such refusal on the notice.