[1]
Cross Reference: As to alcohol-related offenses involving minors, § 600.060.
[R.O. 1993 § 235.270; Ord. No. 126 §§ 1 — 3, 8-26-1957; Ord. No. 610 § 1, 12-16-1996]
A. 
It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or to drive or ride in an automobile or play in or upon the public streets, highways, roads, easements, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9:30 P.M. Sunday through Thursday evenings and 11:00 P.M. Friday and Saturday evenings and 6:00 A.M. of the following day, official City time; provided, however, that the provisions of this Subsection do not apply to a minor accompanied by his/her parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his/her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Subsection shall constitute a separate offense.
B. 
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of seventeen (17) years to knowingly permit such minor to loiter, idle, wander, stroll or to drive or ride in an automobile or play in or upon the public streets, highways, roads, easements, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9:30 P.M. Sunday through Thursday evenings and 11:00 P.M. Friday and Saturday evenings and 6:00 A.M. of the following day, official City time; provided, however, that the provisions of this Subsection do not apply when the minor is accompanied by his/her parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his/her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Subsection shall constitute a separate offense.
C. 
Whenever a minor shall be arrested or detained for the commission of any violation of this Section or any act which would constitute an ordinance violation or criminal act if committed by an adult, within the City of Bel-Nor, the Bel-Nor 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.
[R.O. 1993 § 235.275; Ord. No. 525 § 1, 8-15-1994]
A. 
For the purpose of this Section, the following words and phrases are defined as follows:
ORDINANCE VIOLATION
An act which violates the Statutes of the United States, the Statutes of the State of Missouri, or the ordinances of the City of Bel-Nor, including curfew and moving traffic violations.
MINOR
Any person under the age of seventeen (17).
PARENT
The mother, father, legal guardian, or any person having the care or custody of a minor.
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.
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 Section 210.1950(C) of this Code shall be prima facie evidence of parental neglect if the minor commits a second or successive criminal act of any kind.
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 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. 971, 3-20-2017]
A. 
Definitions. For the purpose of this Section, the following definitions shall apply:
ALCOHOLIC BEVERAGES
Any beverage constituting intoxicating liquor, light wines, or malt liquor, as those terms are defined in Chapter 600 of the Municipal Code of the City of Bel-Nor.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described as such in Section 195.010, RSMo., as may be amended or revised from time to time.
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
The gift or exchange of an alcoholic beverage or controlled substance from one (1) person to another.
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.
PARTY, GATHERING or EVENT
An assemblage or a group of persons for a social occasion or for a social activity.
PERSON IN CONTROL OF THE PREMISES
An adult who owns, leases, rents or is otherwise the lawful occupant of any premises or the adult designee thereof.
PRACTITIONER
Any medical professional or other person as defined or described in Section 195.010, RSMo., 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 is delivered 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 Article.
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.