A.
Parental Neglect Prohibited.
1.
CRIMINAL ACT
MINOR
PARENT
STUDENT
Definitions. For the purposes of this Article, the
following words and phrases are defined as follows:
An act which violates the Statutes of the United States,
the Statutes of the State of Missouri or the ordinances of the City
of Greendale, Missouri, including moving traffic violations.
Any person under the age of seventeen (17).
Mother, father, legal guardian or any person having the care
or custody of a minor.
Any persons under the age of eighteen (18) enrolled in a
primary or secondary education institution or home school.
2.
No parent shall knowingly permit, encourage, aid or cause a minor
or student to commit a criminal act or engage in any conduct which
could be injurious to the minor's morals or health. No parent shall
fail to exercise customary and effective control over a minor student
so as to allow, contribute to, cause, or tend to cause a minor or
student to commit a criminal act.
3.
Notification of responsibility.
a.
Whenever a minor or student shall be arrested or detained for the
commission of any criminal act within the City of Greendale, Missouri,
the Police Department shall immediately notify, in writing, the minor's
or student's parent of the arrest or detention and shall advise the
parent of his/her responsibility under this Section and such parent
shall appear in the said Police Department within forty-eight (48)
hours after of such notice.
b.
A record of said notification shall be kept by the Police Department.
c.
A parent receiving notification pursuant to this Section may elect to pre-emptively seek interventions available under Subsection (5) of this Section. Successful compliance with an appropriate intervention will void the notification which cannot thereafter be used as prima facie evidence under Subsection (4) of this Section.
4.
Written parental notice as defined in Subsection (3) of this Section shall be prima facie evidence of parental neglect if the minor or student commits a second (2nd) or successive violation of any criminal act. Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be punished as provided in Section 100.220. Before punishment as provided in Section 100.220 is imposed, the person found guilty of violating the provisions of this Section must be offered either a Suspended Imposition of Sentence (SIS) or Suspended Execution of Sentence (SES) of up to one (1) year that requires mandatory compliance with interventions as set out in Subsection (5) of this Section. 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 four thousand dollars ($4,000.00).
5.
Mandatory interventions to be imposed under probation.
a.
For violations of this Section, the court may impose one (1) or more
of the following interventions:
(1)
Assessment related to mental and emotional health and compliance
with therapeutic program related to same;
(2)
Assessment related to the need for social service resources
and compliance with a recommendation made by case worker related to
same;
(3)
Assessment related to substance abuse and compliance with treatment
program related to same;
(4)
Assessment related to employment status and compliance with
a recommended course of action to increase the prospects of employment
to include enrollment in either a school, a vocational training program,
or other jobs training program;
(5)
Monitoring of the minor's/student's academic and behavioral
performance;
(6)
Any other intervention the court deems necessary to effectuate
the purposes of this Section.
B.
Curfew And Truancy Violations Prohibited.
1.
Nighttime curfew. It shall be unlawful for any person
under the age of eighteen (18) years to be in or upon any public place
or way within the City of Greendale between the hours of 11:00 P.M.
and 6:00 A.M. of the following day. The provisions of this Section
shall not apply:
a.
To any such persons accompanied by a parent or guardian;
b.
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;
c.
To any such person who is attending or in route to or from any organized
religious or school activity;
d.
To any such person who is seeking medical aid, assistance from law
enforcement, or such other exigent or emergency circumstance requiring
that said person be outside of their residence.
2.
Daytime curfew. It shall be unlawful for persons
under the age of eighteen (18) years and older than the age of six
(6) years, who are suspended, expelled, or dropped out from school,
to loiter in public within the City of Greendale, including, but not
limited to, all public streets, parks, playgrounds and businesses
located within the City of Greendale, unless accompanied by an adult
relative.
3.
Truancy enforced.
a.
No parent, guardian, or other person in this City having charge,
control or custody of a child from the ages of seven (7) to seventeen
(17) years of age, shall, without excuse or exemption, knowingly permit
said child to absent herself/himself from attendance at a public,
private, parochial, parish or home school on such dates, and during
such hours, as the school may be regularly in session.
4.
Responsibility of parent. The parent, guardian or
other adult person having the care and custody of a person under the
age of eighteen (18) years shall not knowingly permit such person
to violate this Section.
5.
Notice to parent. Any Law Enforcement Officer finding any person under the age of eighteen (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 (ft) violation, shall be guilty of an offense under Subsection (A) herein.
6.
Service of notice. The written notice provided in Subsection (4) 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.
