CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 99-Or-120, enacted October 29, 1999.
Title 15 OFFENSES--MISCELLANEOUS*
CHAPTER 395. MINORS*
395.40. Adults’ responsibility
Any parent or legal guardian of a minor child under the age of eighteen (18) years who shall by word or deed or failure to act or by lack of supervision and control over said junior child, encourage, contribute toward, cause or tend to cause said minor child to become a "neglected child," a "delinquent child" or a "habitual truant," a "runaway," a "juvenile petty offender," a "juvenile alcohol offender," or a "juvenile controlled substance offender" as defined by Minnesota Statute 260.015, whether or not a petition for adjudication be sought or sustained in Hennepin County juvenile court, shall be guilty of a misdemeanor. (Code 1960, As Amend., § 878.040; 81-Or-155, § 1, 6-12-81; 82-Or-214, § 1, 10-29-82)
(Top)St. Louis City Revised Code Chapter 15.110
DIVISION VII. OFFENSES BY OR AGAINST MINOR
* Prior ordinance history: Ords. 47038, 53693, 58264 and 58540.
McQuillan:
9.30 Liberties of the person—movement
24.111 Violation of curfew
City Counselor Ops.: 8050
15.110.040. Parental responsibility
It shall be unlawful for a parent after receiving a written warning notice pursuant to Section 15.110.050 of this chapter to knowingly permit a juvenile to remain upon any city street, alley, right-of-way, or similar place under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter.
15.110.050. Enforcement procedure
If a police officer reasonably believes that a juvenile is on the streets in violation of the curfew ordinance, the officer shall notify the juvenile that he or she is in violation of the ordinance and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, or permit, a police officer on the street shall use his/her best judgment in determining age. If the police determine that a person is in violation of this ordinance he shall take the juvenile to the police station or other appropriate holding facility where a parent shall immediately be notified to come for the juvenile whereupon they shall be questioned, and a written warning notice shall be issued to both the juvenile and the parent or parents, and the Division of Family Services. However, this does not preclude a police officer, using his discretion, from transporting said juvenile to his home. (Ord. 63784 § 6, 1996.)
15.110.060. Violation by parent
The parent(s) of the juvenile shall have violated this chapter if, within twelve (12) months after receipt of a written warning notice pursuant to Section 15.110.050, a second curfew violation against the same juvenile is issued. (Ord. 63784 § 7, 1996.)
15.110.070. Penalty for violation
Upon conviction for a violation of this chapter, punishment shall be imposed by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; provided further, the sentencing court may suspend imposition of judgment or sentence upon parole for the successful performance of supervised community public service of not less than twenty (20) hours. (Ord. 63784 § 8, 1996.)
15.110.080. Parents required to pick up juvenile
A. No parent(s) of a person under the age of seventeen (17), who is being held by the police department for violating curfew, shall fail or refuse to pick up said juvenile within a reasonable time upon being notified by the police department of said curfew violation. For purposes of this section the term reasonable time shall be at least forty-five (45) minutes.
B. For purposes of this section, “parent” is any natural or adopted
parent, any person having legal custody of a juvenile.
C. Penalty. Upon conviction of any violation of this section punishment shall
be imposed by a fine of not less than two hundred dollars ($200.00) nor more
than five hundred dollars ($500.00), or by imprisonment for not more than
ninety (90) days, or by both such fine and imprisonment; provided further,
the sentencing court may suspend imposition of judgment or sentence upon parole
for the successful performance of supervised community public service of not
less than forty (40) hours. (Ord. 63785 §§ 1—3, 1996.)
Offenses by children consists of any person:
(A) Under the age of 18 years exhibiting any fictitious or false registration card, identification card, note, or other instrument for the purpose of consummating any transaction whatsoever within the city, or for the purpose of deceiving or misleading any other person as to the true age of such person;
(B) Under the age of 21 years procuring, buying, purchasing, possessing or
obtaining any alcoholic beverage.
('74 Code, § 12-1-5-5) (Ord. 96-1973; Am. Ord. 24-1994)
Failure of parental responsibility consists of a person knowingly permitting
his child or ward to violate the provisions of § 12-5-5.
('74 Code, § 12-1-5-6) (Ord. 96-1973; Am. Ord. 1-1995)
It is unlawful for the parent, guardian, or person having the care and custody of a minor under the age of 18 years to allow that minor to be in or upon any street, park, or other public place between the hours specified in Section 14.28.010, except as otherwise provided in this Section.
(Top)(1) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates any provision of Chapter 10-500 relating to “Property - Damaging, Defacing and Interfering With,” Chapter 10-600 relating to “Public Places - Prohibited Conduct,” or Chapter 10-700 relating to “Refuse and Littering” shall be in violation of this section.
(2) The penalty for a violation of this Section shall be a fine not to exceed
three hundred dollars ($300). Any person authorized to enforce ordinances
who becomes aware of a violation by a minor of any provision of Chapter 10-500,
10-600 or 10-700 shall attempt to determine the whereabouts of the minor’s
parent, legal guardian or other legally responsible adult and shall serve
upon such adult, by mail or in person, a notice of violation of this Section,
pursuant to the provisions of Section 10-718 of this Code. The recipient of
such notice of violation may, within ten (10) days of receipt of such notice,
pay twenty-five dollars ($25), admit the violation and waive a hearing, all
pursuant to the procedures set forth in Section 10-718.
The increasing number of criminal episodes committed by children is a negative reflection of our society’s attention to family stability, and demonstrates the breakdown of meaningful parental supervision of children. Those who bring children into the world or assume a parenting role, but fail to effectively train, guide, teach and control them, should be accountable at law. Those who need assistance and training should be aided. Those who neglect their parenting duties should be encouraged to be more diligent through criminal sanctions, if necessary. This chapter should be construed to achieve these remedial objectives. (Ord. 68-95 § 1 (part), 1995)
A person commits the offense of failing to supervise a child or tending to cause the delinquency of a child, if the person
A. Is the parent, lawful guardian, or other person over the age of eighteen years who is lawfully charged with the care or custody of a child, which adult person resides within the corporate limits of the city; and
B. Fails to provide appropriate and reasonable supervision of the child; or who aids, contributes or becomes responsible for the neglect, abuse or delinquency of the child. For purposes of this section, a person is responsible for the delinquency of a child or has failed to provide appropriate and reasonable supervision when
1. The child has committed three or more delinquent acts within a two-calendar-year period, which events have been referred to the juvenile court, or
2. The person fails to undertake counseling requirements ordered by a juvenile court having jurisdiction over the child, or
3. The person fails to take meaningful and reasonable disciplinary or remedial action in response to prior delinquent acts of the child, or
4. The act or failure to act by the person demonstrates a wilful lack of commitment to prevent future delinquent acts by the child;
C. Solicits, requests, commands, encourages or intentionally aids or acts with the child in violation of any federal, state or local law; or
D. Aids, contributes to, or becomes legally responsible for the neglect, abuse or delinquency of the child; or
E. Wilfully abuses, neglects or abandons the child in any manner likely to cause the child unnecessary suffering or serious injury to his/her health or morals; or
F. Provides, encourages or permits the child to possess or consume an alcoholic beverage or a controlled substance. (Ord. 68-95 § 1 (part), 1995)
In a prosecution under this chapter, it shall be an affirmative defense that the person charged:
A. Is a direct victim of that act or conduct which resulted in the child being subject to the jurisdiction of the juvenile court; or
B. Reported the act or event to appropriate governmental authorities at or near the time the child committed the wrongful or delinquent act or conduct; or
C. Provided reasonable and appropriate supervision to the child, under the totality of the circumstances. In assessing the reasonableness or appropriateness of the person’s supervisory actions, the court will consider:
1. The severity of the offense committed by the child,
2. The number of prior offenses committed by the child,
3. The person’s knowledge of the child’s wrongful conduct or behavior,
4. The discipline, counseling or other remedial measures taken by the person, after obtaining knowledge of the wrongful behavior of the child, and
5. Any other action by the person which demonstrates a reasonable commitment and effort to prevent future delinquent or wrongful conduct, behavior or acts by the child. (Ord. 68-95 § 1 (part), 1995)
It shall not be necessary to obtain an adjudication of delinquency, a conviction or otherwise establish that the child became a delinquent or committed delinquent acts, in order to obtain the conviction of a person under this chapter. (Ord. 68-95 § 1 (part), 1995)
For purpose of this chapter, the following words or phrases have the following meanings:
A. "Child" is an unemancipated minor, under the age of eighteen years.
B. "Delinquent act" is an act or criminal episode which, if committed by an adult, would be a Class A or B misdemeanor or a felony; however, it does not include minor traffic offenses or other misdemeanors not involving moral turpitude.
C. "Person" is a natural parent; adoptive parent; legal guardian, by virtue of a judicial order; or other person over eighteen years of age who has assumed the parenting role over a child by marriage or custom and practice. (Ord. 68-95 § 1 (part), 1995)
Violation of this chapter is a Class B misdemeanor. To fulfill the primary objective and purpose of this chapter, it is the legislative intent that:
A. Upon a first conviction under this chapter, the court sentence the defendant to complete a program of appropriate counseling;
B. Upon a second conviction under this chapter, the court sentence the defendant to perform not less than one hundred hours of community service, and to complete a program of appropriate counseling. (Ord. 68-95 § 1 (part), 1995)
It is unlawful for any parent, guardian or person having charge or control of any child under the age of fourteen years to allow or permit such child to have or possess, with the intent to use within city limits, any firearm, air gun, rubber flipper, or bow and arrow, or any other instrument designed to throw or propel missiles. (Prior code § 32-6-4)
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