For the purposes of this Division, the following terms, phrases,
words, and their derivations shall have the meaning given herein:
The actual authorization by a parent or legal guardian or
silent acquiescence by a parent or legal guardian having knowledge.
Anyone under the age of seventeen (17) years whose parent
or legal guardian has renounced his/her right to the care, custody
and earnings of such person.
May or may not be the actual knowledge of the exact location
of the minor in question; rather, it may be imputed from the knowledge
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, whose care
and custody as well as right to his/her earnings, repose in a parent
or legal guardian. It does not include an emancipated minor or anyone
under the age of seventeen (17) years who is legally married.
Public streets, highways, roads, alleys, public grounds,
public places, public buildings, places of amusement and entertainment,
vacant lots, bars, bowling alleys, drive-in restaurants, cafes, drive-in
theaters, drug stores, grocery stores, hamburger stands, hotels, ice
cream parlors, lobbies, parking lots, poolrooms, restaurants, saloons,
shopping centers, supermarkets, theaters, or any place dedicated to
amusement or entertainment to which the public is invited whether
enclosed or out of doors and which includes any accompanying parking
lot or pedestrian way or any appurtenance thereto which is used by
the public.
No minor shall be present in or on any public place within the
City between the hours of 11:00 P.M. and 6:00 A.M. of the following
day; provided however, the hour of 11:00 P.M. shall be extended to
12:00 Midnight on Fridays, Saturdays and the eve of public and parochial
school holidays. Holidays do not include the summer vacation.
A.
It shall be the duty of the Police Department of the City to require
identification from any person who loiters, idly remains, congregates,
tarries or stays in or upon any public place within the City during
the hours prescribed under this Division 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 the limits
of the City, the address within the City at which he/she is staying.
B.
Should the person stopped and questioned not be a minor, he/she shall
be allowed to proceed freely with no record made of the inquiry.
C.
Should the person stopped and questioned be a minor, the Police Officer
shall inquire of him/her whether the parent or legal guardian having
care and custody of such minor has knowledge of, and has given consent
to, the presence of such minor in or on the public place involved.
A response by a minor stopped pursuant to Section 215.1980 that a parent or legal guardian neither has knowledge nor has given consent to his/her presence in or on the public place in question 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 215.2005 of this Division should the minor later be brought before the Juvenile Court or any other court of the City or State for delinquency or youthful offender proceedings. Should no parent or legal guardian be found at the address given, the procedure found in Section 215.2000 shall be followed.
A.
A response by a minor stopped pursuant to Section 215.1980 that a parent or legal guardian has knowledge of and/or has given consent to his/her presence in or upon the public place in question shall constitute grounds to call the parent or legal guardian of the minor, at the phone number given, or at the phone number registered and listed with the phone company, for a corroborating statement by the parent or legal guardian.
B.
Should the parent not corroborate the statement of the minor, or should there be no phone number or no parent or legal guardian to answer the phone, the Police Officer shall escort the minor home and follow the procedure prescribed in Section 215.1985.
C.
Should the parent or legal guardian answering the phone corroborate the statement of the minor in question, the Police Officer shall inform the parent or legal guardian that continuous presence of a minor in or upon the public places during the prescribed hours may constitute lack of proper supervision and care by the parent or legal guardian of said minor and shall be considered prima facie evidence in criminal proceedings for aiding to the delinquency of a minor as prescribed in Section 215.2005.
A.
Should a minor stopped pursuant to Section 215.1980 identify himself/herself as a non-resident of the City, the Police Officer shall check to see if the minor has been found present in or upon a public place within the previous three (3) months.
B.
If
not, the Police Officer shall inform the minor in question of this
Article and shall escort him/her to the place within the municipal
jurisdiction of the City at which he/she is staying. If the minor
is a transient who intends to leave the City before the next morning,
the Police Officer shall turn the minor over to the juvenile authorities
who shall check the missing persons files in order to locate and inform
the parent or legal guardian of the presence of the minor within the
City and inform the parent or legal guardian that the minor in question
will be detained if desired until the parent or legal guardian, or
the designee of the parent or legal guardian, arrives to claim such
minor. Should the name or description of the minor not be on the missing
persons list and should the parent or legal guardian not be located,
the juvenile authorities shall release the minor within twenty-four
(24) hours.
C.
If the non-resident minor has been found present in or upon a public place within the previous three (3) months, the officer shall follow the procedure for transient minors as found in Subsection (B) of this Section, except that the juvenile authorities shall not release the minor until claimed by a parent or legal guardian, or the designee of the parent or legal guardian.
No parent or legal guardian having the care and custody of a minor shall fail to properly supervise and care for a child so that such child shall be brought before the Juvenile Court or any other court of the City or State for delinquency or youthful offender proceedings. Continuous presence by a minor during the hours specified in Section 215.1975 in or upon public places shall constitute prima facie evidence of failure by the parent or legal guardian to properly supervise such minor and shall be considered a cause of the delinquency or offense committed.
A.
It
shall be the duty of the juvenile authorities of the City to maintain
records of those minors having been stopped by Police Officers pursuant
to, and of those parents or legal guardians having been informed of,
this Division. Such records shall include the name of the minor stopped
or questioned, the name of the parent or legal guardian who was located
and informed, the location at which the minor was stopped for questioning
and the date on which it occurred as well as such other information
as the officer may feel necessary.
B.
All
information pertaining to such minor shall be maintained separate
from the records of persons seventeen (17) years of age or over and
shall not be open to inspection or their contents disclosed and shall
be kept as privileged and confidential information which is hereby
required by this Article. In order to avoid records accidentally falling
into the hands of persons other than those authorized by this Article,
the juvenile authorities of the City shall review the records semiannually
and shall destroy records of those incidents having occurred wherein
the information indicates that the juvenile has attained the age of
seventeen (17) years unless records indicate that the juvenile is
under a juvenile court's jurisdiction beyond the child's 17th birthday,
in which event such records shall not be destroyed until after the
closing of the child's case.
A.
No
person having custody, control or supervision of any commercial establishment
shall knowingly:
1.
Display printed material which is harmful to minors in such a way
that minors, as a part of the invited general public, will be exposed
to view such material; provided, however, a person shall be deemed
not to have "displayed" material harmful to minors if the material
is kept behind devices commonly known as "blinder racks" so that the
lower two-thirds (2/3) of the material is not exposed to view;
2.
Sell, furnish, present, distribute, allow to view, or otherwise disseminate
to a minor, with or without consideration, any printed material which
is harmful to minors; or
3.
Present to a minor or participate in presenting to a minor, with
or without consideration, any printed material which is harmful to
a minor.
