City of Higginsville, MO Article XII Offenses Concerning Minors [1]

[1] Cross Reference—As to alcohol-related offenses involving minors, §600.060.

Section 215.580 Article Definitions.

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.

Section 215.590 Curfew.

[R.O. 2009 §215.460; CC 1976 §18-9; Ord. No. 216 §§1—3, 10-3-1960]

A. "Public Place" Defined. The term "public place" as used in this Section shall mean any street, sidewalk, alley, vacant lot, square, inn, tavern, dram shop, saloon, store, theater, recreation parlor or any place at or in which people are assembled or to which people commonly resort for business, amusement, pleasure or recreation.

B. Imposed. It shall be unlawful for any person under the age of seventeen (17) years, unless accompanied by a parent or legal guardian, to wander or lounge or loaf or loiter or play in or be in, upon or about public streets, sidewalks, alleys, vacant lots, public squares, theaters, recreation parlors, saloons, dram shops, taverns, inns or any place at or in which people are assembled or to which people commonly resort for business, amusement, pleasure or recreation within the City of Higginsville, Missouri, from 11:00 P.M. to sunrise on all weekdays including Sunday, and Midnight to sunrise on Saturdays.

C. Parental Responsibility. It shall be unlawful for the parent or guardian of any person under the age of seventeen (17) years, knowingly to suffer or permit any such child under the age of sixteen (16) years, unless accompanied by a parent or legal guardian, to wander or lounge or loiter or play in or be in, upon or about any public street, sidewalk, alley, vacant lot, public square or about any public street, sidewalk, alley, vacant lot, public square, theater, recreation parlor or public place within the City between the hours as provided for in this Section.

Section 215.600 Parental Responsibility.

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 (2nd) 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 imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) 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 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 two thousand dollars ($2,000.00).