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 or to remain in or upon any of the streets, alleys or public
places in the City at night after the hours of 11:00 P.M. Sunday through
Thursday and after 12:00 Midnight on Friday and Saturday nights and
State legal holiday nights, unless such person is accompanied by a
parent, guardian or other adult person responsible for or having legal
custody over such minor person, or unless such minor's gainful employment
makes it necessary for such minor to be upon the street, alley or
other public place after the specified hours, or unless such minor
is on an emergency errand sanctioned by the parents, guardian or other
adult person responsible for having legal custody of such minor.
B.
The
fact that a minor under seventeen (17) years, unaccompanied by a parent,
guardian or other adult person responsible for or having the legal
custody of such minor, is found upon any street, alley or other public
place after the specified hours as set forth in this Section shall
be prima facie evidence of violation of this Section.
C.
It
shall be unlawful for any parent, guardian or other adult person responsible
for having the legal custody, care or control of any person under
the age of seventeen (17) years to allow, permit or suffer such minor
to violate the provisions of this Section.
D.
It shall be unlawful for any person operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor under the age of seventeen (17) years to be and remain in such place or on the premises after the hours specified in Subsection (A). When such owner, operator or person in charge of such place of business shall find any such minor on the premises, he/she shall order him/her to leave and if such minor refuses to leave, the owner or operator shall notify the Police Department and inform them of such violation.
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 (2nd) 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 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).
