For the purposes of this Article, the following words and phrases
are defined as follows:
CRIMINAL ACT
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Kearney, including curfew and moving traffic violations.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17).
PARENT
The natural father or mother or the adoptive father or mother.
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.
[Ord. No. 913-02 §§1 —
5, 7-1-2002]
A. It
shall be unlawful for any person seventeen (17) years of age or younger
to be in or upon any public place or way within the City of Kearney
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 seventeen (17)
years of age or younger shall not knowingly permit such person to
violate this Section.
C. Notice To Parent. Any Police Officer finding any person
seventeen (17) years of age or younger 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 (1st) violation, shall be guilty of an ordinance violation.
D. Service Of Notice. The written notice provided in Subsection
(C) of this Section 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.
E. Each
violation of the provisions of this Section shall constitute a separate
ordinance violation. Any person who shall violate this Section shall
be subject to imprisonment for not more than three (3) months 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.
[Ord. No. 912-02 §§1 —
3, 7-1-2002]
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 (2nd) or successive violation of any criminal act.
C. Each violation of the provisions of this Section shall constitute a separate ordinance violation. Any person who shall violate this Section shall be subject to imprisonment for not more than three (3) months 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).
[Ord. No. 900-02 §§1 —
3, 4-1-2002]
A. Definitions. Unless the provisions explicitly state otherwise,
as used in this Section, the following terms and phrases shall have
the meanings hereinafter designated:
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereafter by the
Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined
by Chapter 311.020, RSMo.
CONTROL
Any form of authority, regulation, responsibility of dominion,
including a possessory right.
DRUG
A controlled substance as defined and described now or hereafter
by the Revised Statutes of Missouri. Currently, controlled substances
are defined and described by Sections 195.005 to 195.425, RSMo.
MINOR
A person not legally permitted by reason of age to possess,
consume or purchase alcoholic liquor as described now or hereafter
by the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
RESIDENCE OR PREMISES
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions and whether owned,
leased, rented or used with or without compensation.
B. Prohibited Activities. No person who is the owner in possession,
a tenant or subtenant, or has temporary charge of any residence or
premises shall knowingly allow an open house party to take place at
the residence or premises if any alcoholic beverage or drug is possessed
or consumed at the residence or premises by any minor where the person
knew that any alcoholic beverage or drug was in the possession or
being consumed by a minor at the residence or premises and where the
person failed to take reasonable steps to prevent the possession or
consumption of the alcoholic beverage or drug at the residence or
premises.
The provisions of this Section shall not apply to:
1. The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for each drug.
2. Religious observance or prescribed medical treatments.
3. The possession by a minor of alcoholic beverages or lawfully prescribed
drugs incidental to the lawful employment of such minor.
C. Penalty. Any person violating any provision of this Section
shall be guilty of an ordinance violation and, upon conviction thereof,
shall be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than ninety (90) days, or
by both such fine and imprisonment.