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City of Bonne Terre, MO
St. Francois County
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Table of Contents
Table of Contents
Code
New Laws (46) Index Notes (1)
[1]
Cross Reference: As to alcohol-related offenses involving minors, § 600.060.
[Ord. No. 202117, 5-10-2021[1]]
A. 
There is hereby added to the City of Bonne Terre Municipal Code pertaining to curfew hours for minors as herein below defined.
B. 
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
CURFEW HOURS
1. 
10:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 A.M. of the following day; and
2. 
11:00 A.M. until 6:00 A.M. on any Friday or Saturday.
EMERGENCY
An unforeseen combination of circumstances resulting in a state that calls for immediate action. The term, includes, but is not limited to, a fire, a natural disaster, or automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
GUARDIAN
1. 
A person who, under court order, is guardian of the person of a minor.
2. 
A public or private agency with whom a minor has been placed by the court.
MINOR
Any person under sixteen (16) years of age.
PARENT
A person who is the natural parent, adoptive parent or stepparent of another person.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
RESPONSIBLE ADULT
A person at least eighteen (18) years of age authorized by a parent or guardian to have the care and custody of a minor.
C. 
Curfew Restrictions.
1. 
It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Bonne Terre, Missouri, during curfew hours.
2. 
It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.
3. 
It is a defense to prosecution under Subsection (B) that the minor was:
a. 
Accompanied by the minor's parent or guardian or by a responsible adult;
b. 
On an errand at the direction of the minor's parent or guardian or other responsible adult without any detours or stops;
c. 
In a motor vehicle involved in interstate travel;
d. 
Engaged in an employment activity or going to or returning home from employment activity without any detours or stops;
e. 
Involved in any emergency;
f. 
On the sidewalk abutting the minor's residence;
g. 
Attending an official school, religious or other recreational activity supervised by adults or going to or returning home from without any detours or stops;
h. 
Exercising First Amendment rights protected by the United States Constitution.
4. 
Before taking any enforcement action under this Section, a Police Officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this prosecution unless the officer reasonably believes an ordinance violation has occurred and that, based on any responses and other circumstances, no defense under Subsection (B) is present or applicable.
5. 
Each violation of this Section shall constitute a separate ordinance violation.
D. 
Penalty. Any minor or parent violating provisions of Subsection (B) shall be guilty of an ordinance violation and shall be dealt with in accordance with the Juvenile Court law and procedure.
[1]
Editor's Note: Ord. No. 202117, enacted 5-10-2021, repealed former Article XII, Offenses Concerning Minors, Sections 210.1970 to 210.2000. Former history includes: CC 2001 § 9.24.010(A) through § 9.24.010(D); and Ord. No. 7.14 §1, 10-19-1993;
[Ord. No. 202117, 5-10-2021]
A. 
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.
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 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.
C. 
Each violation of the provisions of this Section shall constitute a separate ordinance violation. 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).