[R.O. 1992 § 245.010; CC 1984 § 77.010]
For the purposes of this Chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein:
Is actual authorization by a parent or legal guardian or
is silent acquiescence by a parent or legal guardian having knowledge.
One whose parent or legal guardian has renounced his/her
right to the care, custody and earnings of said person.
Need not be actual knowledge of the exact location of the
minor in question, rather it may be imputed from the knowledge that
the minor is not at home, that the minor has an ultimate destination,
and that the minor may make a diversionary trip on his/her way to
or from the ultimate destination.
Anyone under the age of seventeen (17) years. It does not
include anyone under the age of seventeen (17) years who is legally
married. An "emancipated minor" is not included in the term "minor."
Any bar, bowling alley, cafe, drive-in restaurant, drive-in
theater, drug store, grocery store, hamburger stand, hotel, ice cream
parlor, lobby, parking lot, pool room, restaurant, saloon, shopping
center, supermarket, theater, or any place dedicated to amusement
and entertainment, to which the public is invited, whether enclosed
or out of doors, and which includes any accompanying parking lot or
pedestrian walkway, or any appurtenance thereto which is used by the
public.
[R.O. 1992 § 245.020; CC 1984 § 77.020]
No minor shall be present in or on any public street, park,
square, or any public place within the City between the hours of 12:00
P.M. and 5:00 A.M. without the knowledge and consent of a parent or
legal guardian having the care and custody of said minor.
[R.O. 1992 § 245.030; CC 1984 § 77.030]
A.
It shall be the duty of the Police Department of this City to require
identification from any person who loiters, idly remains, congregates,
tarries or stays on any public street, park, square or any public
place within the City during the prescribed hours and whose actions,
appearance, demeanor, or other fact within the knowledge of the Police
Officer gives rise to reasonable belief that the person stopped is
a minor. Such identification shall include the person's name, age,
home address, phone number and if the person's home address is outside
the limits of this City, the address within the City at which he/she
is staying (if any).
1.
Should the person stopped and questioned not be a minor, he/she
shall be allowed to proceed freely with no record made of the inquiry.
2.
Should the person stopped and questioned be a minor the Police
Officer shall inquire of him/her whether the parent or legal guardian
having care and custody of such minor has knowledge of, and has given
consent to the presence of said minor in or on the public street,
park, square or public place involved.
[R.O. 1992 § 245.040; CC 1984 § 77.040]
A response by the minor that a parent or legal guardian neither has knowledge nor has given consent to his/her presence in or on the public street, park, square or public place in question, shall constitute grounds for the officer to escort the minor in question to the address given, to inform the parent or legal guardian of the actions of the minor in question, and to inform the parent or legal guardian that he/she may be held responsible for the delinquency of the minor under Section 210.2030 of this Code, should the minor later be brought before any court of this City or State for delinquency or youthful offender proceedings. Should no parent or guardian be found at the address given, the procedure described in Section 210.2020 shall be followed.
[R.O. 1992 § 245.050; CC 1984 § 77.050]
A.
A response by the minor that a parent or legal guardian has knowledge
of and/or has given consent to his/her presence in or on the public
street, park, square or public place in question shall constitute
grounds to call the parent or legal guardian of the minor, at the
phone number given, or at the phone number registered and listed with
the phone company, for a corroborating statement by the parent or
legal guardian.
1.
Should the parent not corroborate the statement of the minor, or should no parent or legal guardian answer the phone, the Police Officer shall escort the minor home and shall follow the procedure outlined in Section 210.2000.
2.
Should the parent or legal guardian answering the phone corroborate the statement of the minor in question, the Police Officer shall inform the parent or legal guardian that continuous presence of a minor in or on the public streets, parks, squares or other public places during the prescribed hours may constitute lack of proper supervision and care by the parent or legal guardian of said minor and may be considered evidence in proceedings for aiding in the delinquency of a minor, as prescribed in Section 210.2030. The Police Officer shall then allow the child to continue on his/her way or shall escort the child home, as desired by the parent or legal guardian.
[R.O. 1992 § 245.060; CC 1984 § 77.060]
A.
Should the minor identify himself/herself as a non-resident of the
City, the Police Officer shall check to see if the minor has been
found present in or on a public street, park, square, or other public
place within the previous three (3) months.
1.
If there is no record of the minor being found present in or
on a public street, park, square or other public place within the
previous three (3) months, the Police Officer shall inform the minor
in question of this Article and shall escort him/her to the place
within the municipal jurisdiction of the City at which he/she is staying.
If the minor is a transient who intends to leave the City before the
next morning, the minor shall be detained and the parent or legal
guardian of that minor shall be informed that the minor will be detained
if desired until the parent or legal guardian, or the designee of
the parent or legal guardian, arrives to claim said minor. If the
parent or legal guardian of the transient minor so requests, the Police
Officer shall release the minor and escort him/her out of the corporate
limits of this City.
2.
If the non-resident minor has been found present in or on a public street, park, square or other public place within the previous three (3) months, the officer shall follow the procedure for transient minors, as found in Subsection (A)(1) of this Section, except that the minor shall not be released until claimed by a parent or legal guardian or the designee of the parent or legal guardian.
[R.O. 1992 § 245.070; CC 1984 § 77.070]
A.
No parent or legal guardian having the care and custody of a minor
shall fail to properly supervise and care for such child if such failure
of supervision or care shall cause the child to be brought before
the Juvenile Court of the State or any other court of the City or
State, for delinquency or youthful offender proceedings.
B.
Continuous presence by a minor during the prescribed hours in or
on the public streets, parks, squares or other public places shall
constitute prima facie evidence of failure by the parent or legal
guardian to properly supervise said minor and shall be considered
a cause of the delinquency or offense committed.
