[Ord. No. 4523-16 §1, 12-21-2016]
For the purposes of this Article, the following words and phrases
are defined as follows:
Guardian appointed by court of competent jurisdiction.
Any person under the age of seventeen (17) years.
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
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.
[CC 1997 §22.1; Ord. No. 215, 9-18-1956]
A.
It
shall be unlawful for children under the age of seventeen (17) years
to be on or about the streets, highways, sidewalks or public places
of the City between 11:55 P.M. and 6:00 A.M. on Friday and Saturday
nights, and between 10:55 P.M. and 6:00 A.M. on all other nights of
the week, unless accompanied by their parents, legally appointed guardian
or other authorized adult.
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. 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 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 (1st) violation, shall be guilty of an offense.
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.
E.
It
shall be a defense in any prosecution for violation of this Section
that the minor shall have been on an errand or other legitimate business
directed by such minor's parent or guardian; that such minor was engaged
in, or travelling directly to or from, lawful employment; or that
such minor was attending, or travelling directly to or from, an organized
religious or school activity. The defendant shall bear the burden
of injecting the issue of the defenses provided hereby and the burden
of proof as to defense.
[Ord. No. 4038-09 §1, 6-3-2009; Ord. No. 4523-16 §1, 12-21-2016]
A.
A person commits the offense of endangering the welfare of a child
if:
1.
He or she, with criminal negligence, acts in a manner that creates
a substantial risk to the life, body or health of a child less than
seventeen (17) years old; or
2.
He or she knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
4.
He or she knowingly encourages, aids or causes a child less
than seventeen (17) years of age to enter into any room, building
or other structure which is a public nuisance as defined in this Code
or Section 579.105, RSMo.
B.
Nothing in this Section shall be construed to mean the welfare of
a child is endangered for the sole reason that he or she is being
provided non-medical remedial treatment recognized and permitted under
the laws of this State.
C.
For purposes of this Section, criminal negligence shall mean the
failure to be aware of a substantial and unjustifiable risk that circumstances
exist or a result will follow, and such failure constitutes a gross
deviation from the standard of care which a reasonable person would
exercise in the situation.
A.
CRIMINAL ACT
MINOR
PARENT
Definitions. For the purpose of this Section, 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 Hazelwood, Missouri, including moving traffic violations.
Any person under the age of seventeen (17).
Mother, father, a legal guardian or any person having the
care or custody of a minor.
B.
No
parent shall knowingly permit, encourage, aid or cause a minor to
commit a criminal act nor 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 so as to contribute to,
cause or tend to cause a minor to commit a criminal act.
C.
Notification Of Responsibility.
1.
Whenever a minor shall be arrested or detained for the commission
of any criminal act within the City of Hazelwood, Missouri, the Police
Department shall immediately notify, in writing, the minor's parent
of the arrest or detention and shall advise the parent of his responsibility
under this Section and such parent shall appear in the said Police
Department within forty-eight (48) hours after such notice.
2.
A record of said notifications shall be kept by the Police Department.
D.
Written parental notice as defined in Subsection (C) of this Section shall be prima facie evidence of parental neglect if the minor 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 100.130. 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).
A.
ALCOHOLIC BEVERAGES
CONTROLLED SUBSTANCE
DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
MINOR
PARENT
PARTY, GATHERING OR EVENT
PERSON IN CONTROL OF THE PREMISES
PRACTITIONER
Definitions. For the purpose of this Section, the
following definitions shall apply:
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter 600 of the Hazelwood City Code of the City of Hazelwood.
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.
The gift or exchange of an alcoholic beverage or controlled
substance from one (1) person to another.
Any person under the age of twenty-one (21) years.
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
An assemblage or a group of persons for a social occasion
or for a social activity.
An adult who owns, leases, rents or is otherwise the lawful
occupant of any premises or the adult designee thereof.
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.
