[R.O. 2009 §13-2; Ord. No. 206 §§1 — 3, 11-14-1967; Ord. No. 1110 §1, 4-25-2007]
A.
Hours Of Curfew. 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. of 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/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.
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.
Defense. 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 traveling directly to or from, lawful
employment; or that such minor was attending, or traveling 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.
[R.O. 2009 §13-3; Ord. No. 1110 §2, 4-25-2007]
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 Cool Valley, 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 Cool Valley, 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/her
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 subsequent 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. 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).
