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 seventeen (17).
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. 1222 §1(A, C), 4-8-2004]
A. It
shall be unlawful for any person under the age of seventeen (17) years
to be in or upon any public place or way within the City of Edmundson
between the hours of 11:00 P.M. and 6:00 A.M Sunday through Thursday
and 12:01 A.M. and 6:00 A.M. Friday and Saturday. 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 parent or guardian, and 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 educational activity.
B. Responsibility Of Parent. The parent, guardian or other
adult person having the care and custody of a person under the age
of seventeen (17) years shall not knowingly permit such person to
violate this Section.
C. Notice To Parent — Presumption Of Knowledge. Any Police
Officer finding any person under the age of seventeen (17) 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. As an alternative,
the Police Officer may have the parent, guardian or person in charge
of such person sign the appropriate release documents and the person
under seventeen (17) years of age shall be released to that person.
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 offense. The fact that the parent, guardian or person in charge
of such person under seventeen (17) years of age was previously notified
of the violation of the person under seventeen (17) or signed for
the person under seventeen's (17) release as referenced herein shall
cause a presumption that the person had knowledge that the person
under seventeen (17) has violated the provisions of this Section.
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 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.
[Ord. No. 1476 § 18, 2-9-2017]
A. Definitions. For the purpose of this Section, the following definitions
shall apply:
ALCOHOLIC BEVERAGES
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter
600 of the Municipal Code of the City of Edmundson.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., (2000) 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., (2000) 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 delivery 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 Chapter.
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.