[Ord. No. 4523-16 §1, 12-21-2016]
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) years.
- The natural or adoptive father or mother, legal guardian or any other person having the care or custody of a minor child.
- 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 offense.
[CC 1997 §22.1; Ord. No. 215, 9-18-1956]
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. on 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.
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.
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 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 (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.
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 travelling directly to or from, lawful employment; or that such minor was attending, or travelling 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.
[Ord. No. 4038-09 §1, 6-3-2009; Ord. No. 4523-16 §1, 12-21-2016]
A person commits the offense of endangering the welfare of a child if:
He or she, with criminal negligence, acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; or
He or she knowingly encourages, aids or causes a child less than seventeen (17) years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years of age, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of Paragraph (c) of Subdivision (1) of Subsection (1) or Paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.;
He or she knowingly encourages, aids or causes a child less than seventeen (17) years of age to enter into any room, building or other structure which is a public nuisance as defined in this Code or Section 579.105, RSMo.
Nothing in this Section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided non-medical remedial treatment recognized and permitted under the laws of this State.
For purposes of this Section, criminal negligence shall mean the failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
Definitions. For the purpose of this Section, 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 Hazelwood, 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.
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.
Notification Of Responsibility.
Whenever a minor shall be arrested or detained for the commission of any criminal act within the City of Hazelwood, 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 responsibility under this Section and such parent shall appear in the said Police Department within forty-eight (48) hours after such notice.
A record of said notifications shall be kept by the Police Department.
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 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 punished as provided in Section 100.130. 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).
Definitions. For the purpose of this Section, the following definitions shall apply:
- ALCOHOLIC BEVERAGES
- Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter 600 of the Hazelwood City Code of the City of Hazelwood.
- CONTROLLED SUBSTANCE
- Any drug, substance or immediate precursor defined or described as such in Section 195.010, RSMo., (2000) as may be amended or revised from time to time.
- DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
- The gift or exchange of an alcoholic beverage or controlled substance from one (1) person to another.
- Any person under the age of twenty-one (21) years.
- A natural or adoptive parent, or a guardian, or the adult designee of either of them.
- PARTY, GATHERING OR EVENT
- An assemblage or a group of persons for a social occasion or for a social activity.
- PERSON IN CONTROL OF THE PREMISES
- An adult who owns, leases, rents or is otherwise the lawful occupant of any premises or the adult designee thereof.
- Any medical professional or other person as defined or described in Section 195.010, RSMo., (2000) as may be amended or revised from time to time.
Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled Substances. It shall be unlawful for any person to knowingly or negligently permit, allow or host, on or in a premises under his or her control, the consumption of alcoholic beverages or controlled substances by a minor; except that this Section shall not apply to the following:
The delivery of alcoholic beverages to a minor or the consumption of alcoholic beverages by a minor in connection with the performance of any bona fide religious service under the supervision of an adult, with the consent of the person in control of the premises.
The delivery of an alcoholic beverage to a minor by that minor's parent and under the direct supervision of the parent.
The possession or consumption of or the delivery to a minor of a controlled substance prescribed for that minor by a practitioner when such delivery by that minor's parent or by the person in control of the premises, provided that he or she has obtained the prior consent of that minor's parent.
Rental Of A Premises. It shall be unlawful for any owner, agent, employee or contractor thereof to rent any room, rooms, apartment or any building or portion of a building to a minor or to any adult when it is reasonably foreseeable that said adult, or his or her adult designee, will leave the said premises or reasonably foreseeable that said premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors except as otherwise provided in this Chapter.
Duty To Disperse — Police Services, Fees For Police Services.
Any person in control of a premises at which alcoholic beverages or controlled substances are in the possession of or are being consumed by minors, or his or her adult designee, shall cause all persons in or on said premises who are not lawful residents thereof to disperse not more than fifteen (15) minutes after personally receiving an order to do so issued by a Peace Officer.
When a party, gathering or event occurs on private property and a Police Officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person or persons responsible for the party, gathering or event will be held liable for the cost of providing Police services during a second or follow-up response by the Police after a first warning to the person or persons responsible for the party, gathering or event. The second or follow-up response may also result in the arrest and/or citation of violators pursuant to State law or other provisions of this Code.
The Police services fee shall include the cost of personnel and equipment but shall not exceed five hundred dollars ($500.00) for a single incident provided, however, that the City does not waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies. The amount of such fees shall be deemed a debt owed to the City by the person responsible for the party, gathering or event. If such persons are minors, their parents or guardians shall be responsible for such debt. Any person owing such fees to the City shall be liable in an action brought in the name of the City for recovery of such fees, including reasonable attorney's fees.
Penalty. Any person or persons convicted of violating the provisions of this Section shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense; except that for third and subsequent violations by the same person or persons, the fine shall not be less than one thousand dollars ($1,000.00) for each offense.