[R.O. 1991 § 205.1970; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.1980; Ord. No. 2959-16, 12-20-2016]
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 Smithville 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.
[R.O. 1991 § 205.1990; Ord. No. 2959-16, 12-20-2016]
A.
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.
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 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 or successive violation of any criminal act.
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 imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first violation, not less than two hundred dollars ($200.00) for a second 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).
