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).
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.
A.
Purpose. The purpose of this Section is to:
1.
Promote the general welfare and protect the general public through
the reduction of juvenile violence and crime within the City;
2.
Promote the safety and well-being of the City's youngest citizens,
persons under the age of seventeen (17) years whose inexperience renders
them particularly vulnerable to becoming participants in unlawful
activities, particularly unlawful drug activities, and to being victimized
by older perpetrators of crime; and
3.
Foster and strengthen parental responsibility for children.
B.
CORE COMMERCIAL DISTRICT
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
Definitions. As used in this Section, the following terms
shall have theses prescribed meanings:
A "CC" zoning district established in the University City
Zoning Code and graphically illustrated on the official Zoning Map
entitled "Official Zoning Map of the City of University City, Missouri"
and all abutting right-of-way or easement for a street, alley, pedestrian
way, utilities or storm drainage.
From 10:00 P.M. on any day until 6:00 A.M. on the following
day; except that within a Core Commercial District "curfew
hours" means 9:00 P.M. on any day until 6:00 A.M. on the
following day.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile
accident, or any situation that requires immediate action to prevent
serious bodily injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment.
A person who, under court order, is the guardian of the person
of a minor or a public or private agency with whom a minor has been
placed by a court.
Any person under the age of seventeen (17) years, but does
not include a judicially emancipated minor.
Any individual, firm, association, partnership, or corporation
that operates, manages, or conducts any establishment. The term "operator" includes the members or partners of an association
or partnership and the officers of a corporation.
A natural parent, adoptive parent or stepparent, or any person
who has legal custody by court order or marriage, or any person not
less than twenty-one (21) years of age who is authorized by the natural
parent, adoptive parent, stepparent or custodial parent of a child
to be a caretaker for the child.
Any place to which the public, or a substantial group of
the public, has access, and includes, but is not limited to, streets,
highways, and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
To linger or stay or fail to leave the premises when requested
to do so by a Police Officer or the owner, operator, or other person
in control of the premises.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
C.
Curfew Violations.
1.
A minor commits a curfew violation if he/she remains in any public
place or on the premises of any establishment during curfew hours.
2.
A parent or guardian of a minor commits a curfew violation if he/she
knowingly permits, or by insufficient control allows, the minor to
remain in any public place or on the premises of any establishment
during curfew hours.
3.
The owner, operator, or any employee of an establishment commits
a curfew violation if he/she knowingly allows a minor to remain upon
the premises of the establishment during curfew hours.
D.
Defenses. It is a defense to prosecution under this Section
that the minor was:
1.
Accompanied by the minor's parent or guardian;
2.
On an errand at the direction of the minor's parent or guardian,
without any detour or stop, and the minor has in his/her possession
a writing signed by the parent or guardian containing the following
information: the name, signature, address and telephone number of
the parent or guardian authorizing the errand, the telephone number
where the parent or guardian may be reached during the errand, the
name of the minor, and a brief description of the errand, the minor's
destination(s) and the hours the minor is authorized to be engaged
in the errand;
3.
In a motor vehicle, train, or bus involved in interstate travel through,
or beginning or terminating in the City;
4.
Engaged in an employment activity or going to, or returning home
from, an employment activity, without any detour or stop;
5.
Involved in an emergency;
6.
On the sidewalk that directly abuts the minor's residence;
7.
In attendance at an official school, religious, or other recreational
activity supervised by adults and sponsored by the City, a civic organization,
or another similar entity that takes responsibility for the minor,
or going to, or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised
by adults and sponsored by the City, a civic organization, or another
similar entity that takes responsibility for the minor; or
8.
Exercising First Amendment rights protected by the United States
Constitution, including free exercise of religion, freedom of speech,
and the right of assembly.
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In a prosecution under Subsection (C)(3) of this Section it is a defense that the owner, operator, or employee of the establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
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E.
Enforcement.
1.
Before taking enforcement action under this Section a Police Officer shall make an investigation for the purpose of determining whether the presence of the minor in a public place or on the premises of an establishment is in violation of this Section, including, but not limited to, asking the minor his/her age and reason for being in the public place or on the premises of an establishment. The Police Officer shall not take enforcement action unless the officer reasonably believes that a curfew violation has occurred and that, based on any response and other circumstances, there is no defense under Subsection (D) of this Section.
2.
If a Police Officer determines that a minor is committing a curfew
violation, the Police Officer shall take the minor to the Police Department
station or other area authorized by law. As soon as practicable, the
minor shall be released into the custody of the minor's parent or
guardian. If no one claims responsibility for the minor, the minor
shall be placed in the custody of the appropriate St. Louis County
Family Court official, or other authorized person, and released at
the end of the applicable curfew hours.
A.
It shall be an ordinance violation for a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old to fail or refuse to exercise reasonable care, supervision, protection or control over the child to prevent the child from becoming an abused, neglected or delinquent child, or in need of care or treatment, under State law, Chapters 210 and 211, RSMo.
B.
Whenever
a child less than seventeen (17) years of age is arrested or detained
for committing a crime or ordinance violation within the City, the
Police Department, as soon as practicable, shall notify the parent,
guardian or other person legally charged with the care or custody
of the child of the arrest or detention, and shall advise such person
of his/her responsibility under this Section. The Police Department
shall keep a record of the notifications.
Any Police Officer finding a minor violating any of the provisions of Section 215.1980 shall warn the minor 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 minor, setting forth the manner in which this Section has been violated. No police record, however, shall be made with respect to any minor in connection with the violation of any of the provisions of Sections 215.1980 or this Section, nor shall any minor be subject to any penalty provided for in Section 100.190 of the University City Municipal Code; and any parent, guardian or person in charge of such minor who shall knowingly permit such minor again to violate the provisions of this Section, after receiving notice of the first (1st) violation, shall be subject to the penalties provided in Section 100.190 of the University City Municipal Code for each successive violation.
