[1]
Cross Reference: As to alcohol-related offenses involving minors, § 600.060.
[R.O. 2001 § 215.1970; Ord. No. 1069 § 2, 12-1-2016]
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 Memphis, including curfew and moving traffic violations.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
A child as defined in Section 211.021, RSMo.
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.
[R.O. 2001 § 215.1980; Ord. No. 938 § 1, 9-4-2008; Ord. No. 1069 § 2, 12-1-2016]
A. 
It shall be unlawful for any minor to be in or upon any public place or way within the City of Memphis between the hours of 11:01 P.M. and 6:00 A.M. Further, it shall be unlawful for any minor to be in or upon any public place or way within the City of Memphis 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 minor shall not knowingly permit such person to violate this Section.
C. 
Notice To Parent. Any Police Officer finding any minor 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 minor in violation of this Section 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. 2001 § 215.1990; Ord. No. 1069 § 2, 12-1-2016]
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).