Fulton Curfew for persons under eighteen; parental responsibility ordinance (§ 78-84)

(a) Definitions. For purposes of this section:

Guardian means a person appointed by a court of competent jurisdiction to care for the minor.

Minor means a person under the age of 18 years.

Parent means any natural or adoptive mother or father, legal guardian, or other adult person having care or custody of the minor at the time of the offense.

Parental neglect means an act or omission by which a parent knowingly fails to exercise customary and effective control over a minor so as to contribute to, cause, or tend to cause the minor to commit an offense.

Public place means any street, alley, sidewalk, park, playground, parking lot, public building, or other area generally open to the public.

(b) Curfew Established. It shall be unlawful for any minor to be in or upon any public place within the city between the hours of 12:01 a.m. and 6:00 a.m.

(c) Exceptions. This section shall not apply to a minor who:

(1) Is accompanied by a parent or guardian;

(2) Is engaged in lawful employment or traveling directly to or from such employment;

(3) Is attending or traveling directly to or from an organized school, religious, civic, or recreational activity;

(4) Is upon legitimate business directed by a parent or guardian; or

(5) Is engaged in, or traveling directly to or from, a bona fide activity protected by the First Amendment to the United States Constitution or Article I of the Missouri Constitution.

(d) Enforcement; officer discretion. Any law-enforcement officer finding a minor violating this section may warn the minor to desist, may release the minor to a parent or guardian, or may take such lawful action as authorized under state law. The officer shall prepare written parental notification setting forth the violation, and such notice shall be delivered or mailed to the parent or guardian.

(e) Parental Responsibility.

(1) Whenever a minor is arrested, detained, or otherwise identified by the police department for violation of any provision of this Code or state law, including but not limited to curfew, vehicle tampering, theft, vandalism, trespass, or similar conduct, the department shall deliver written notice to the minor's parent or guardian advising of the offense and of parental responsibility under this section. Refusal to acknowledge receipt shall be noted by the officer.

(2) No parent or guardian shall knowingly fail to exercise customary and effective control over a minor so as to contribute to, cause, or tend to cause the minor to commit a subsequent offense.

(3) Written notice provided under this subsection shall constitute prima facie evidence of knowledge if the minor commits a second or subsequent offense.

(4) If a minor commits a violation of this Code or state law, the parent may be issued a municipal citation upon proof that the parent knowingly failed to exercise customary and effective control.

(5) Commission of a felony offense by a minor while in violation of this Code or state law shall constitute prima facie evidence that the parent knowingly failed to exercise customary and effective control.

(6)

It shall be an affirmative defense that the parent or guardian made reasonable efforts to supervise the minor, including but not limited to establishing curfew rules, imposing discipline, restricting access to vehicles, or seeking assistance from school or law-enforcement authorities.

(f) Penalties. Each violation of this section shall constitute a separate offense. Penalties shall be:

• Not less than $100.00 for a first violation;

• Not less than $200.00 for a second violation;

• Not less than $500.00 for any subsequent violation; and/or • Imprisonment not to exceed 90 days.