[CC 1982 §77.010]
For the purposes of this Article, the following words and phrases are defined as follows:
- Actual authorization by a parent or legal guardian or is silent acquiescence by a parent or legal guardian having knowledge.
- CRIMINAL ACT
- An act which violates the Statutes of the United States, the Statutes of the State of Missouri or the ordinances of the City of Sparta, including curfew and moving traffic violations.
- EMANCIPATED MINOR
- One whose parent or legal guardian has renounced his/her right to the care, custody and earnings of said person.
- Guardian appointed by court of competent jurisdiction.
- Need not be actual knowledge of the exact location of the minor in question, rather it may be imputed from the knowledge that the minor is not at home, that the minor has an ultimate destination and that the minor may make a diversionary trip on his/her way to or from the ultimate destination.
- Anyone under the age of seventeen (17) years. It does not include anyone under the age of eighteen (18) years who is legally married. An "emancipated minor" is not included in the term "minor".
- The natural father or mother or the adoptive father or mother.
- PARENTAL NEGLECT
- Any act or omission by which a parent fails to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act.
- PUBLIC PLACE
- Any bar, bowling alley, cafe, drive-in restaurant, drive-in theater, drug store, grocery store, hamburger stand, hotel, ice cream parlor, lobby, parking lot, pool room, restaurant, saloon, shopping center, supermarket, theater or any place dedicated to amusement and entertainment, to which the public is invited, whether enclosed or out-of-doors and which includes any accompanying parking lot or pedestrian walkway or any appurtenance thereto which is used by the public.
[CC 1982 §77.020; Ord. No. 414, 11-15-2005; Ord. No. 428, 10-10-2006]
It shall be unlawful for any minor to be in or upon the public streets, parks, public buildings, or to be in any motor vehicle, either as a driver or an occupant, whether said vehicle is parked or in operation, or to be in any vacant lot, or other unsupervised place, between the hours of 10:00 P.M. and 6:00 A.M. of the following day, official City time; provided, however, that the provisions of this Section shall not apply to a minor accompanied by his parent, guardian, or where minor is upon an emergency errand or legitimate business directed by his parent or guardian; nor shall this Section apply to any minors who have attended legitimate entertainment and shall go immediately to their homes. All police officers shall, as a part of their duties, investigate any of the above exceptions.
[CC 1982 §77.030; Ord. No. 414, 11-15-2005; Ord. No. 428, 10-10-2006]
It shall be the duty of the Police Department of this City to require identification from any person who loiters, idly remains, congregates, tarries or stays on a public street, park, square or any public place within the City during the prescribed hours and whose actions, appearance, demeanor or other fact within the knowledge of the Police Officer give rise to reasonable belief that the person stopped is a minor. Such identification shall include the person's name, age, home address, phone number and if the person's home address is outside this City, the address within the City at which he/she is staying (if any).
[CC 1982 §77.040; Ord. No. 414, 11-15-2005; Ord. No. 428, 10-10-2006]
Should the person stopped and questioned be a minor, in violation of Section 210.590 of this Code, this shall constitute grounds for the officer to escort the minor in question to the address given, to inform the parent or legal guardian of the actions of the minor in question, and to inform the parent or legal guardian that he/she may be held responsible for the delinquency of the minor under Section 210.640 of this Code should the minor later be brought before any court of this City or State for delinquency or youthful offender proceedings.
Editor's Note — Ord. no. 414, adopted November, 15, 2005, repealed section 210.620 "claim of knowledge and consent" and section 210.630 "if minor is non-resident" in their entirety. Former sections 210.620 — 210.630 derived from CC 1982 §§77.050 — 77.060. These sections have been reserved for the city's future use.
[CC 1982 §77.070]
No parent or legal guardian having the care and custody of a minor shall fail to properly supervise and care for such child and such failure of supervision or care shall cause the child to be brought before the Juvenile Court of the State or any other court of the City or State for delinquency or youthful offender proceedings.
Continuous presence by a minor during the proscribed hours in or on the public streets, parks, squares or other public place shall constitute prima facie evidence of failure by the parent or legal guardian to properly supervise said minor and shall be considered a cause of the delinquency or offense committed.
[CC 1982 §75.170]
Any person who shall within the corporate limits of the City knowingly contribute to the delinquency of a minor shall be guilty of a misdemeanor.
Whenever a minor shall be arrested or detained for the commission of any criminal act within the City, the Police Department shall, as soon as possible thereafter, deliver written notice to the minor's parent of the arrest or detention and such notice shall advise the parent of his/her responsibility under this Section. The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof. If the parent refuses to sign said notice, the notifying Police Officer shall indicate such refusal on the notice.
No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any criminal act.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of 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 two thousand dollars ($2,000.00).