[R.O. 2009 § 225.1970; R.O. 2007
§ 225.255; Ord. No. 1410, 10-13-1994; Ord. No. 1472, 7-13-1995; Ord. No.
1566, 8-8-1996; Ord. No. 3321, 12-13-2016]
A.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
1.
2.
3.
MINOR
OPERATOR
PARENT
1.
2.
PRIVATE PLACE
1.
2.
3.
4.
PUBLIC PLACE
REMAIN
RESIDENCE
SERIOUS BODILY INJURY
Definitions. As used in this Section, the
following terms shall mean:
11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 5:30 A.M. of the following day; and 12:01 A.M. until 5:30 A.M.
on any Saturday or Sunday.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, automobile accident or any
situation requiring 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;
A public or private agency with whom
a minor has been placed by a court who maintains a place of residence
for a minor; or
A person with whom a minor has been
placed by a public or private agency with whom a minor has been placed
by a court.
(Solely for the purposes of this Section but for no other
provision of the Code of the City of Bolivar) Any person under seventeen
(17) years of age.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is a natural parent, adoptive parent or stepparent of a minor or a person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. Solely for the purposes of Subsections (D) and (E) of this Section, it does not include:
A person who, although the natural
or adoptive parent or guardian of a minor, does not have actual, physical
custody of a minor at the time of a curfew violation as a result of
a court order granting custody, temporary custody or visitation to
another person and such other person is, at the time of the violation,
exercising the custody, temporary custody or visitation rights with
the minor pursuant to that order; or
A person who, although the natural
or adoptive parent or guardian of a minor, is not exercising actual
custody, temporary custody of or visitation with a minor and who is
a party to a pending legal action involving the custody of the minor
and the court before which such custody proceeding is pending has
made no order relating to custody, temporary custody or visitation,
but the laws of the State of Missouri grant custody of the child by
virtue of the filing of such action to another person.
Any land or building which is owned by one (1) or more private
persons, partnerships, corporations or associations. For the purposes
of this Section, the term does not include:
The residence and the land upon it
sits of a parent or guardian of a minor.
Any other residence and the land
upon it sits occupied by persons who are eighteen (18) years of age
or older at which a minor is staying with the consent of the occupants
of such residence and the consent of the parent or guardian of such
minor.
The common areas of any multi-dwelling
unit at which the minor resides with a parent or guardian.
The common areas of any multi-dwelling
unit occupied by persons who are eighteen (18) years of age or older
at which a minor is staying with the consent of the occupants of such
dwelling unit and the consent of the parent or guardian of such minor.
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets or their rights-of-way, highway or their rights-of-way, alleys or their rights-of-way, sidewalks and the common areas of schools, hospitals, apartment houses [except as provided in the definition of "parent" of this Section 225.1970(A)], office buildings, transport facilities and shops.
To linger or stay or to fail to leave premises when requested
to do so by a Police Officer or the owner, operator or other person
in control of the premises.
A home, apartment, mobile home, trailer or other residential
unit intended for the use and occupancy of any number of person related
to one another by blood or marriage or no more than four (4) unrelated
persons.
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.
B.
Curfew Violation. A minor commits the offense
of "curfew violation" if he/she is in or remains upon any public or
private place during curfew hours.
C.
Negligently Permitting A Curfew Violation.
A parent or guardian of a minor commits the offense of permitting
a curfew violation if he/she negligently, by the exercise of insufficient
control, allows a minor to commit a curfew violation after having
first been given one (1) oral or written notice of a prior curfew
violation by a minor for which he/she is the parent or guardian.
D.
Knowingly Permitting A Curfew Violation.
A parent or guardian of a minor commits the offense of permitting
a curfew violation if he/she knowingly allows a minor to commit a
curfew violation after having first been given one (1) oral or written
notice of a prior curfew violation by a minor for which he/she is
the parent or guardian.
E.
Permitting A Curfew Violation — Operators
Of Establishments. The operator of an establishment commits the offense
of permitting a curfew violation, if such operator or any of its agents
or employees negligently allows a minor to remain in such operator's
establishment during curfew hours.
G.
Defenses. It is a defense to a finding of guilt under Subsections (B) through (F) of this Section if the minor:
1.
Is accompanied by his/her parent
or guardian;
2.
Is traveling directly to or from
a public or private place on an errand at the direction of his/her
parent or guardian;
3.
Is on an emergency errand affecting
the minor, his/her parent or guardian, grandparent, sibling or a member
of the minor's household;
4.
Is traveling in interstate commerce;
5.
Is traveling directly to or from
a school, church or civic activity or is participating in a lawful
social, recreational, educational or religious activity sponsored
and supervised by a school, church, political subdivision, civic club
or other organized group of adults with the consent of his/her parent
or guardian;
6.
Is traveling directly to or from
or is participating in a civil rights activity protected by the First
Amendment to the United States Constitution; or
7.
Is engaged in a lawful employment
activity or is going directly to or from a lawful employment activity
without any detour or stop.
H.
Procedures Involving Juveniles. It shall be lawful for a Law Enforcement Officer to stop and inquire of, or request identification from, any person who he/she has reasonable cause to believe is a minor that is violating Subsection (B) of this Section. In the absence of actual knowledge of the age of the suspected violator by the officer, an officer shall have reasonable cause to stop and inquire of, or request identification from, a person if the person's appearance would create a doubt in the mind of a reasonable person as to whether the suspect is over the age of fifteen (15) years. If the suspect states that he/she is under the age of sixteen (16) years or asserts that he/she is over the age of fifteen (15) years but is unable to produce identification which establishes his/her age and the officer continues to have reasonable doubt of the person's age, the officer shall take such person into custody and deliver him/her to the home of his/her parent or guardian. If the parent or guardian is not home, the officer may nevertheless leave the suspect at his/her home if he/she observes no condition which appears to create a significant risk of injury or harm to the suspect. If the suspect refuses to identify himself/herself or, upon arriving at the home of the suspect, observes any condition which appears to create a significant risk of injury or harm, the officer shall deliver the person to the Bolivar Police station and shall promptly notify or cause to be notified the appropriate juvenile authorities. The officer shall thereafter take such actions as are directed by those authorities. In addition, the officer shall:
1.
Prepare or cause to be prepared a
report to the Juvenile Officer of suspected curfew violation on forms
developed for this purpose by the Police Chief after consultation
with the Polk County Juvenile Officer and to assure that such report
is delivered to the Juvenile Officer;
2.
Shall prepare or cause to be prepared
a notice to parent or guardian of suspected curfew violation on forms
developed for this purpose by the Police Chief and shall assure delivery
of such notice to the parent(s) or guardian(s); and
3.
Shall prepare or cause to be prepared
such other reports of the suspected violation as the Police Chief
may direct from time to time. If the officer has reason to believe
that an adult may have violated this Section, a report shall be provided
to the City Attorney.
I.
It shall be the duty of the Police Chief
to:
1.
Develop or cause to be developed
a system of identifying those minors and parents and guardians who
have previously violated this Section;
2.
Develop or cause to be developed
a system of identifying those parents and guardians of minors who
have been notified of a violation of this Section;
3.
To prepare or cause reports to the
Board of Aldermen to be made at least quarterly which shall include,
at a minimum, the following information:
a.
The number of referrals by the Police
Department during the prior month to the Juvenile Officer for all
suspected juvenile offenses other than a curfew violation;
b.
The number of referrals by the Police
Department during the prior month to the Juvenile Officer for all
suspected curfew violations;
c.
The number of offense complaints
received by the Police Department for offenses which are believed
by the complainant to have been committed during curfew hours;
d.
The number of those referrals mentioned in Subsection (I)(3)(a) for persons who are age sixteen (16);
e.
The number of referrals to the City
Attorney or the County Prosecuting Attorney for persons who are age
seventeen (17);
f.
If available, the number of visits
to local medical emergency facilities by minors, by persons aged sixteen
(16) and by persons aged seventeen (17) during curfew hours; and
g.
Such other information as will enable
the Board of Aldermen to determine the effectiveness of this Section
in protecting minors and the citizens of the City from minors; and
whether offenses and other incidents involving persons who are sixteen
(16) and seventeen (17) years of age require consideration of expanding
this Section so as to include such persons.
[R.O. 2009 § 225.1980; R.O. 2007
§ 225.630; Ord. No. 1492, 9-14-1995; Ord. No. 1565, 8-8-1996; Ord. No.
3321, 12-13-2016]
A.
A person commits the offense of failing
to supervise a minor if the person is the parent, legal guardian or
person with legal responsibility for the safety and welfare of a child
under eighteen (18) years of age and the child has been found on private
property or premises open to the public in violation of any provision
of the Code of the City of Bolivar.
B.
It shall be a defense to the offense of
failure to supervise a minor if the child's violation of the Code
occurred in the presence of the person. It shall be a defense to the
offense of failure to supervise a minor if the violation occurred
on private property of the person. It shall be a further affirmative
defense that the person:
C.
In addition to any fine or penalty imposed
pursuant to this Section, the court may order the person to pay any
restitution to a victim of the minor's conduct. The amount of restitution
ordered pursuant to this Section shall not exceed two thousand five
hundred dollars ($2,500.00).
