For the purposes of this Article, the following words and phrases
are defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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 offense.
A.
It shall be unlawful for any person under the age of seventeen (17)
years to be in or upon any public place or way within the City of
Maysville between the hours of 12:01 A.M. and 6:00 A.M. The provisions
of this Section shall not apply to any such persons accompanied by
a parent or guardian, to any such person upon an errand or other legitimate
business directed by such person's parent or guardian, to any such
person who is engaged in gainful, lawful employment during said time
period, or who is returning or in route to said employment, or to
any such person who is attending or in route to or from any organized
religious or school activity.
B.
Responsibility Of Parent. The parent, guardian or other adult person
having the care and custody of a person under the age of seventeen
(17) years shall not knowingly permit such person to violate this
Section.
C.
Notice To Parent. Any Law Enforcement 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 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 an offense.
D.
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.
[Ord. No. 1995-18 §§ 1
— 4, 1-3-1995]
A.
No minor person, a minor person being described as a person under
the age of seventeen (17) years, shall be in or upon or be driving
in or upon any public street or park, or be in any commercial place
of amusement and entertainment, or any unsupervised place, or on any
property owned by the City of Maysville between the hours of 10:30
P.M., on Monday, Tuesday, Wednesday, Thursday and Sunday, and 5:00
A.M. of the following day, or between the hours of 12:00 Midnight
and 6:00 A.M. on Friday and Saturday. The provisions of this Subsection
shall not apply to any minor accompanied by his or her parent or guardian,
or other adult person having the care and custody of any such minor.
Provisions of this Subsection shall also not apply to any minor traveling
to or from a school sponsored event directly to or from his or her
residence.
B.
Any Law Enforcement Officer who sees or observes any such minor person
in violation of the above-defined curfew shall direct such person
to return forthwith to his or her normal place of residence, and shall
cause a written notice to be served upon said minor person's parent
or guardian of such violation of the curfew, setting forth the manner
in which the curfew was violated. The Chief of Police shall also forward
a copy of the notification to the Juvenile Officer of the 43rd Judicial
Circuit.
C.
Upon any subsequent violation by any such minor or person of the
curfew as enacted by this Section, the Law Enforcement Officer who
sees or observes said violator shall first direct the minor person
to return to his or her place of residence forthwith, and second,
notify the Juvenile Officer of the 43rd Judicial Circuit of the violation
of this curfew for appropriate action by the juvenile authorities.
D.
Second or subsequent violations of the curfew by minor persons shall
be deemed a violation of this Section insofar as the parent or guardian
of said minor is concerned, and upon the second or subsequent violation
of this Section by the minor person, the parent or guardian shall
be deemed a reckless endangerment to a child by permitting or allowing
the minor child to violate the terms of this Section. Any parent or
guardian found guilty of violating the provisions of this Section
shall be, upon conviction, fined not less than five dollars ($5.00)
nor more than one hundred dollars ($100.00) for each said offense.
A.
Whenever a minor shall be arrested or detained for the commission
of any offense 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
Law Enforcement Officer shall indicate such refusal on the notice.
B.
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 offense. 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 or successive violation of any offense.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to a penalty as set forth in Section 100.220 of this Code. 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).
