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CURFEW

CITY OF RAYTOWN

Request for Board Action

Date: July 14, 2010 Bill No. 6217-10

To: Mayor and Board of Aldermen Section No. XIII

From: Mahesh Sharma, City Administrator

Department Head Approval:

City Administrator Approval:

Finance Director Approval: ________________________ (only needed if fiscal impact)

Action Requested: Amend an Ordinance that changes the current curfew times as follow:

The current ordinance states:

11:00 p.m. and 6:00 a.m., Sunday through Thursday

12:00 a.m. and 6:00 a.m., Friday and Saturday

Our proposed change:

10:00 p.m. to 6:00 a.m., Sunday through Thursday

11:00 p.m. to 6:00 a.m., Friday and Saturday

The amended ordinance also modifies the penalty phase by removing a required warning and

instituting an initial penalty of a General Ordinance Summons.

Recommendation: Adopt amended Ordinance.

Analysis: Curfew for Minors was originally discussed at the July 6, 2010 Board of Aldermen meeting.

The Board of Aldermen gave direction to staff to provide the Municipal Committee an opportunity to

discuss and present a recommendation to the full Board. The Municipal Committee discussed

possible amendments to the existing ordinance and received input from the Chief of Police. The

Municipal Committee recommended approval of the amended ordinance by a vote of 5-0.

Alternatives: Do not adopt amended Ordinance.

Fiscal Impact: None

Additional Reports: n/a

Sponsor(s): Municipal Committee

BILL NO. 6217-10 ORDINANCE NO. 5356-10 SECTION NO. XVII

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AN ORDINANCE AMENDING CHAPTER 13, OFFENSES RELATING TO THE PRESENCE

AND CONDUCT OF MINORS ON STREETS AND PUBLIC PLACES, ARTICLE X, SECTIONS

13-121, 13-123, 13-125, REGARDING CURFEW FOR MINORS, PARENTS

RESPONSIBILITY AND PENALTIES

WHEREAS, the Board of Aldermen has determined as provided herein that it would be

in the best interest of the health, safety and welfare of the citizens of Raytown to amend the Code of Ordinances for the City of Raytown.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY

OF RAYTOWN, MISSOURI, AS FOLLOWS:

ARTICLE X. OFFENSES RELATING TO THE PRESENCE AND CONDUCT OF

MINORS ON STREETS AND PUBLIC PLACES

1. Section 13-120. Definitions, is hereby amended as follows:

Section 13-120. Definitions.

For the purposes of this ordinance, the following terms, phrases, words, and their

derivations shall have the meaning given herein. When not inconsistent with the

context, words used in the present tense include the future, words in the plural

number include the singular number, and words in the singular number include

the plural number. The word “shall” is always mandatory and not merely

directory.

(a) City is the City of Raytown;

(b) Minor is any person under the age of 17;

(c) Parent is the natural or adoptive parent of a minor;

(d) Guardian is any person over the age of 18 who is in loco parentis to a minor;

(e) Custodian is any person over the age of 18 who is in loco parentis to a minor;

(f) Public Place shall mean any street, alley, highway, sidewalk, park,

playground or place to which the general public has access and a right to

resort for business, entertainment, or other lawful purpose. A public place

shall include but not be limited to any store, shop, restaurant, tavern, bowling

alley, café, theater, drug store, pool room, shopping center, and any other

place devoted to amusement or entertainment of the general public. It shall

also include the front or immediate area of the above.

2. Section 13-121. Curfew For Minors, is hereby amended as follows:

Section 13-121. Curfew For Minors.

It shall be an offense for any minor to remain, idle, wander, stroll, or play in any

public place either on foot or to cruise about without a set destination in any

BILL NO. 6217-10 ORDINANCE NO. 5356-10 SECTION NO. XVII

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vehicle in, about or upon any place in the city between the hours of 10:00 p.m.

and 6:00 a.m. Sunday through Thursday and between the hours of 11:00 p.m.

and 6:00 a.m. Friday through Saturday unless accompanied by a parent,

guardian, custodian, or other adult person having custody or control of such

minor or unless the minor is on an emergency errand or specific business or

activity directed or permitted by his parent, guardian or other adult person having

the care and custody of the minor or where the presence of such minor is

connected with or required by some legitimate employment, trade, profession or

occupation.

3. Section 13-122. Responsibility of Owners of Public Places, is hereby amended

as follows:

Section 13-122. Responsibility of Owners of Public Places

It shall be an offense for any person, firm or corporation operating or having

charge of any public place to knowingly permit or suffer the presence of minors

under the age of 17 between the hours of 10:00 p.m. and 6:00 a.m., Sunday

through Thursday and between the hours of 11:00 p.m. and 6:00 a.m., Friday

through Saturday.

4. Section 13-123. Parents’ Responsibility, is hereby amended as follows:

Section 13-123. Parents’ Responsibility.

It shall be an offense for the parent, guardian or other adult person having

custody or control of any minor under the age of 17 to suffer or permit or by

inefficient control to allow such minor to be on the streets or sidewalks or on or in

any public property or public place within the City between the hours of 10:00

p.m. and 6:00 a.m., Sunday through Thursday and between the hours of 11:00

p.m. and 6:00 a.m., Friday through Saturday. However the provisions of this

Section do not apply to a minor accompanied by his parent, guardian custodian

or other adult person having the care, custody or control of the minor, or if the

minor is on an emergency errand or specific business or activity directed by his

parent, guardian, custodian or other adult having the care and custody of the

minor or if the parent, guardian or other adult person herein has made a missing

person notification to the Police Department.

5. Section 13-124. Special Functions.

Section 13-124. Special Functions.

Any minor attending a special function or entertainment of any church, school,

club, or other organization that requires such minor to be out at a later hour than

that called for in Section 13-121 shall be exempt from the provisions of this

Article, provided the church, school, club or other organization may register in

advance with the Chief of Police or his designate to have the minors stay out to

this later hour. The registrant shall state the time the function or entertainment

shall end, and the minors who attend the function shall be required to be in their

homes or usual places of abode within one half hour after the function is ended.

BILL NO. 6217-10 ORDINANCE NO. 5356-10 SECTION NO. XVII

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