[R.O. 1993 § 235.270; Ord. No.
126 §§ 1 — 3, 8-26-1957; Ord. No. 610 § 1, 12-16-1996]
A. It shall be unlawful for any minor under the age of seventeen (17)
years to loiter, idle, wander, stroll or to drive or ride in an automobile
or play in or upon the public streets, highways, roads, easements,
parks, playgrounds or other public grounds, public places or public
buildings, places of amusement and entertainment, vacant lots or other
unsupervised places between the hours of 9:30 P.M. Sunday through
Thursday evenings and 11:00 P.M. Friday and Saturday evenings and
6:00 A.M. of the following day, official City time; provided, however,
that the provisions of this Subsection do not apply to a minor accompanied
by his/her parent, guardian or other adult person having the care
and custody of the minor or where the minor is upon an emergency errand
or legitimate business directed by his/her parent, guardian or other
adult person having the care and custody of the minor. Each violation
of the provisions of this Subsection shall constitute a separate offense.
B. It shall be unlawful for the parent, guardian or other adult person
having the care and custody of a minor under the age of seventeen
(17) years to knowingly permit such minor to loiter, idle, wander,
stroll or to drive or ride in an automobile or play in or upon the
public streets, highways, roads, easements, parks, playgrounds or
other public grounds, public places or public buildings, places of
amusement and entertainment, vacant lots or other unsupervised places
between the hours of 9:30 P.M. Sunday through Thursday evenings and
11:00 P.M. Friday and Saturday evenings and 6:00 A.M. of the following
day, official City time; provided, however, that the provisions of
this Subsection do not apply when the minor is accompanied by his/her
parent, guardian or other adult person having the care and custody
of the minor or where the minor is upon an emergency errand or legitimate
business directed by his/her parent, guardian or other adult person
having the care and custody of the minor. Each violation of the provisions
of this Subsection shall constitute a separate offense.
C. Whenever a minor shall be arrested or detained for the commission
of any violation of this Section or any act which would constitute
an ordinance violation or criminal act if committed by an adult, within
the City of Bel-Nor, the Bel-Nor 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.
[R.O. 1993 § 235.275; Ord. No.
525 § 1, 8-15-1994]
A. For the purpose of this Section, the following words and phrases
are defined as follows:
ORDINANCE VIOLATION
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri, or the ordinances of the City
of Bel-Nor, including curfew and moving traffic violations.
MINOR
Any person under the age of seventeen (17).
PARENT
The mother, father, legal guardian, or any person having
the care or custody of a minor.
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.
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 Section
210.1950(C) of this Code shall be prima facie evidence of parental neglect if the minor commits a second or successive criminal act of any kind.
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 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).
[Ord. No. 971, 3-20-2017]
A. Definitions. For the purpose of this Section, the following definitions
shall apply:
ALCOHOLIC BEVERAGES
Any beverage constituting intoxicating liquor, light wines, or malt liquor, as those terms are defined in Chapter
600 of the Municipal Code of the City of Bel-Nor.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., as may be amended or revised from
time to time.
MINOR
Any person under the age of twenty-one (21) years.
PARENT
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
PRACTITIONER
Any medical professional or other person as defined or described
in Section 195.010, RSMo., as may be amended or revised from time
to time.
B. Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly or negligently
permit, allow or host on or in a premises under his or her control
the consumption of alcoholic beverages or controlled substances by
a minor, except that this Section shall not apply to the following:
1.
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.
The delivery of an alcoholic beverage to a minor by that minor's
parent and under the direct supervision of the parent.
3.
The possession or consumption of or the delivery to a minor
of a controlled substance prescribed for that minor by a practitioner
when such is delivered by that minor's parent or by the person
in control of the premises, provided that he or she has obtained the
prior consent of that minor's parent.
C. Rental Of A Premises. It shall be unlawful for any owner, agent,
employee or contractor thereof to rent any room, rooms, apartment
or any building or portion of a building to a minor or to any adult
when it is reasonably foreseeable that said adult, or his or her adult
designee, will leave the said premises or reasonably foreseeable that
said premises may be used for a gathering at which alcoholic beverages
or controlled substances may be in possession of or consumed by minors
except as otherwise provided in this Article.
D. Duty To Disperse — Police Services, Fees For Police Services.
1.
Any person in control of a premises at which alcoholic beverages
or controlled substances are in the possession of or are being consumed
by minors, or his or her adult designee, shall cause all persons in
or on said premises who are not lawful residents thereof to disperse
not more than fifteen (15) minutes after personally receiving an order
to do so issued by a Peace Officer.
2.
When a party, gathering or event occurs on private property
and a Police Officer at the scene determines that there is a threat
to the public peace, health, safety or general welfare, the person
or persons responsible for the party, gathering or event will be held
liable for the cost of providing police services during a second or
follow-up response by the police after a first warning to the person
or persons responsible for the party, gathering or event. The second
or follow-up response may also result in the arrest and/or citation
of violators pursuant to State law or other provisions of this Code.
3.
The police services fee shall include the cost of personnel
and equipment but shall not exceed five hundred dollars ($500.00)
for a single incident; provided, however, that the City does not waive
its right to seek reimbursement for actual costs exceeding five hundred
dollars ($500.00) through other legal remedies. The amount of such
fees shall be deemed a debt owed to the City by the person responsible
for the party, gathering or event. If such persons are minors, their
parents or guardians shall be responsible for such debt. Any person
owing such fees to the City shall be liable in an action brought in
the name of the City for recovery of such fees, including reasonable
attorney's fees.
E. Penalty. Any person or persons convicted of violating the provisions
of this Section shall be fined an amount not to exceed five hundred
dollars ($500.00) for each offense, except that for third and subsequent
violations by the same person or persons, the fine shall not be less
than one thousand dollars ($1,000.00) for each offense.