[Ord. No. 10378, 1-5-2017; Ord. No. 10689, 12-3-2020]
For the purposes of this article, the following words and phrases
are defined as follows:
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of 18.
PARENT
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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 offense.
[Ord. No. 10378, 1-5-2017; Ord. No. 10689, 12-3-2020]
A. It shall be unlawful for any person under the age of 18 years to
be in or upon any public place or way within the City of Kirkwood
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 18 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 18 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 18 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.
[Ord. No. 10378, 1-5-2017]
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 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 a penalty as set forth in §
1-8 of this Code. 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 $2,000.