For the purposes of this Article, the following words and phrases are defined as follows:
- CRIMINAL ACT
- An act which violates the Statutes of the United States, the Statutes of the State of Missouri, or the ordinances of the City of Frontenac,including curfew and moving traffic violations.
- Guardian appointed by court of competent jurisdiction.
- Any person under the age of seventeen (17).
- The natural father or mother, or the adoptive father or mother.
- 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.
It shall be unlawful for any person under the age of seventeen (17) to be in or upon any public place or way within the City of Frontenac between the hours of 11:00 p.m. and 6:00 a.m. of the following day, official City time, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m. of the following day, official City time. The provisions of this Section shall not apply to any such persons accompanied by a parent or guardian, to any such person upon an errand or other legitimate business directed by such person's parent or guardian, 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, or to any such person who is attending or in route to or from any organized religious or school activity.
[Ord. No. 2014-1731 §1, 7-15-2014]
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, or with reason to know, permit such person to violate this Section.
[Ord. No. 2016-1809 § 1, 12-20-2016]
Editor's Note: Section 2 of this ordinance provided an effective date of 1-1-2017.
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/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 (1st) violation, shall be guilty of an offense.
Service Of Notice. The written notice provided in Subsection (D) 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.
Whenever a minor shall be arrested or detained for the commission of any criminal act 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 Police Officer shall indicate such refusal on the notice.
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 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 criminal act.
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).
[Ord. No. 95-1061A §§1 — 6, 1-16-1996; Ord. No. 2016-1809 § 1, 12-20-2016]
Definitions. For purposes of this Section, the following definitions shall apply:
- CONTROLLED SUBSTANCE
- Any drug, substance or immediate precursor defined or described as such in Section 195.010, RSMo., and as amended.
- DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
- The gift, exchange or the making readily available of an alcoholic beverage or controlled substance.
- Any person under twenty-one (21) years of age.
- The natural (or adoptive) parent, the guardian, or an adult designee of either of them.
- PARTY, GATHERING OR EVENT
- The assemblage or group of persons for a social occasion or activity.
- PERSON IN CONTROL OF THE PREMISES
- An adult who owns, leases, or is otherwise the lawful occupant or supervisor of any premises, or the adult designee of the same.
- Any professional or other person as defined in Section 195.010, RSMo., and as amended.
No person shall knowingly permit, on or within any premises under his/her control or ownership within the City, the consumption of alcoholic beverages or the use of controlled substances by a minor; excepting only:
The delivery to or consumption of alcoholic beverages by a minor in connection with any bona fide religious service or observance under the direct supervision of an adult, with the consent of the owner or person in control of the premises, and with the express consent of said minor's parent for that particular occasion and at that particular premises;
The delivery to or consumption of alcoholic beverages by a minor pursuant to the express consent of said minor's parent for that particular occasion and at that particular premises; and
The possession or use by a minor of a controlled substance lawfully prescribed by a practitioner and pursuant to the express consent of the minor's parent for that particular substance pursuant to the directions of said practitioner.
No person owning, in control of or in supervision over any premises shall knowingly permit alcoholic beverages or controlled substances to be in the possession of or to be used by minors at or within said premises.
No person shall rent any premises, room or other portion of a building or grounds to a minor or to an adult when it is reasonably certain that minors may utilize said premises for a gathering at which alcoholic beverages or controlled substances will be in the possession of or used by minors, in any manner prohibited by above Subsection (B).
Any person in ownership of, control of or supervision over any premises at which alcoholic beverages or controlled substances are in the possession of or are being used by minors shall cause all such minors in or about the premises to disperse within fifteen (15) minutes of being so directed by a City Police Officer.
Editor’s Note: Section 2 of this ordinance provided an effective date of 1-1-2017.