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Parental Responsibility

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Foley, Alabama

ARTICLE I.  IN GENERAL
Sec. 11-18.  Contributing to the Delinquency of a Minor.

(a) Any primary caretaker having custody or control of a minor, either temporarily or permanently, who aids, encourages, causes or allows such minor to become delinquent, dependent or in need of supervision, or who knowingly allows, or who, through lack of supervision, allows or permits such minor to participate in or be a part of or associated with an illegal or improper activity as defined in section 11-18(b) hereof will be guilty of contributing to the delinquency of a minor.

(b) Acts of a minor which will, for the purpose of this section, be considered as rendering a minor delinquent, dependent or in need of supervision, shall be any one or more of the following acts or activities:

(1) Dealing in drugs; being a part of a "gang"; unsupervised assembly during the nighttime; loitering or otherwise spending time in an area in which drug activities are known to take place; spending time in an area in which "gang" activities are taking place; participating in the use or sale of any "controlled" substance as defined in the Alabama Criminal Code; participating in the use or sale of any alcoholic beverage; growing, using, cultivating or selling marijuana, hashish or other plants prohibited by the Criminal Code of the State of Alabama; being involved in an affray; defacing or destroying public or private property; assault; disturbing females; disturbing religious worship; disturbing school assemblies; larceny; trespassing; prostitution; or any acts or conduct which are classified as a misdemeanor or felony under the laws of the State of Alabama.

(2) "Gang" as used in this section is defined as a group consisting of two (2) or more persons who associate themselves together to participate in illegal activities or who are identified as part of a group known as a "gang," members of which have committed acts which are unlawful according to the laws of the State of Alabama or under the ordinances of the City of Foley. In other words, regardless of the avowed purpose for organization, should one or more of the group commit unlawful or illegal acts, the group will be then within the definition of a "gang" as set out in this section.

(c) Upon the apprehension of a minor who is found by an officer to be committing or participating in any act specified in section 11-18(b) hereof, the minor must state, and furnish to the officer, his/her correct name and age and the name and address of the primary caretaker of the minor. The minor may be, at the discretion of the officer, escorted to the address of the primary caretaker at the time of apprehension. The primary caretaker will be notified of the action on the part of the minor which was considered to be delinquent under the provisions hereof and a record will be kept by the police, which is not open to public inspection, showing the violation.

(d) Should the minor have a past record of conviction of a crime or of committing an act as defined in section 11-18(b) hereof, it shall be considered and is hereby provided that said primary caretaker shall have knowingly allowed the minor to participate in an additional illegal or improper act causing delinquency as herein defined, or have reasonable cause to believe that a violation of one or more of the provisions of section 11-18(b) hereof might occur, and therefore shall be guilty of contributing to delinquency of a minor if such act as defined in section 11-18(b) hereof occurs when the minor is not adequately supervised.

(e) Following a second or subsequent apprehension of the minor under which the minor is charged or found to be violating or committing any of the acts enumerated in section 11-18(b) hereof which is made known to the primary caretaker of the minor, such primary caretaker shall be guilty of contributing to the delinquency of a minor should the minor be allowed to be on the public streets or public ways of the city between the hours of 10:00 p.m. and 5:00 a.m. without responsible adult supervision.

(f) Supervision as provided hereunder by a responsible adult is not necessary or required when the minor has no prior conviction or when the minor is in transit to and from a home, church, or other establishment where attendance is not prohibited by section 11-18(b) hereof and if, at that time, the primary caretaker did not know or had no cause to believe that the minor would participate in any act enumerated in section 11-18(b) hereof.

(g) Any person found guilty of violation of this section may be confined in the Foley or county jail for not more than thirty (30) days and/or fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) either or both, unless action is taken by the Juvenile Authority of the State of Alabama or Baldwin County in which event no fine or confinement, except at the time of apprehension, will be imposed by the City of Foley. Such person and all information obtained by the city including, but not limited to, the record of the trial and arrest will be turned over to the Department of Pensions and Security, District Attorney, or other proper authority of the State of Alabama for further action. It is further provided that should the person so charged be the only primary caretaker of the minor, the minor may be physically delivered to the proper child welfare office or the Office of the Department of Pensions and Securities through the Sheriff's Department of Baldwin County or otherwise.

(h) Nothing herein contained, nor shall any detention of the minor be construed, so as to prevent prosecution of the minor for violation of any existing ordinance or law.

(i) Any word, phrase or provision used in this section which is found by a court of competent jurisdiction to be unconstitutional or unenforceable shall in no way affect the validity of the remaining provisions of this section.

(Ord. No. 449-91, §§ 1--6, 6-17-91)

Editor's note: Ord. No. 449-91, adopted June 17, 1991, has been codified herein at the discretion of the editor as § 11-18.

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Kankakee County, Illinois

Sec. 42-30. Offense of Parental Responsibility.

(a) Prohibited. It shall be unlawful for a parent or legal guardian of an unemancipated minor residing with that parent or legal guardian to fail to exercise proper parental responsibility by allowing or permitting the minor to commit any violation of state law or county ordinances concerning vandalism, damage to property, retail theft, battery, curfew, disorderly conduct, obscene conduct, trespass, or possession or use of alcoholic liquor, cannabis, or controlled substances, any street gang related offense, unauthorized possession of a deadly weapon, or any other offense of willful or malicious acts to persons or property.

(b) Presumption. A parent or legal guardian shall be presumed to have allowed or permitted the minor to have committed a violation of a state law or county ordinance if all of the following conditions are satisfied:

(1) Prior offense.  The minor has been either adjudicated to be in violation of a state law or county ordinance, whether civil or criminal; or has incurred nonjudicial sanctions from any peace officer or conservator of the peace resulting from an admission of guilt to any such offense;

(2) Notice. The parent or legal guardian has received a written notice by certified mail (return receipt requested) or by personal service in substantially the following form:

LEGAL NOTICE

_________
(Date)
TO:
(Parents' Names)
FROM:
County of Kankakee
You are hereby notified that (Minor's Name) has been involved with a violation of a state law or county ordinance concerning vandalism, damage to property, retail theft, battery, curfew, disorderly conduct, obscene conduct, trespass, or possession or use of alcoholic liquor, cannabis, or controlled substances, any street gang related offense, unauthorized possession of a deadly weapon, or any other offense of willful or malicious acts to persons or property. If your child is again involved with a violation of one of the above-type state statutes or county ordinances, you will be found guilty of the offense of parental responsibility. Conviction for said offense can result in a fine of not less than $25.00 nor more than $1,000.00. You are hereby notified that you must exercise proper parental responsibility over your child by controlling his or her unlawful conduct.

_________
(Signature)

_________
(Title or Position)

(3) Timing of second offenses.  Said minor, within two years of the receipt of said notice by the parent or legal guardian, has been either adjudicated to have committed, has been charged with the violation (except if found not to be guilty) of, or has admitted to have committed any violation of any state law or county ordinance as described above.

(c) Penalty for violation.  Any parent or legal guardian found guilty of a violation of this section shall be punished as provided in section 1-9, provided that the fine shall not be less than $25.00.

(Code 1981, § 15-16; Ord. No. 88-7-2, § 2, 7-12-1988; Ord. No. 95-8-8-004, 8-8-1995)

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Whiting, Indiana

Article IX. Street Gang Activity*
Sec. 12-234. Parental Responsibility.

(a) It shall be unlawful for a parent or guardian of an unemancipated minor residing with such parent or legal guardian to knowingly permit said minor to commit any violation of a city ordinance.

(b) It shall be unlawful for any custodial parent, legal guardian or other person who has a child in his or her custody or control under the age of 18, to knowingly permit said child to visit a place of prostitution or associate with known thieves, burglars, felons, narcotic addicts, or other persons of ill repute to commit an unlawful act.

(Ord. No. CC-2003-1654, § 4, 12-2-03)

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Mamou, Louisiana

Chapter 9.57. Supervision of a Minor
9.57.010. Improper Supervision of a Minor By Parent Or Legal Custodian; Penalty.

A. Improper supervision of a minor by a parent or legal custodian, who has care and control of the minor, includes any of the following activities:

(1) Through criminal negligence (as defined herein below), the permitting of the minor to associate with a person known by the parent or legal custodian:

(a) To be a member of a known criminal street gang as defined in R.S. 15:1404(A).

(b) To have been convicted of a felony offense.

(c) To be a known user or distributor of drugs in violation of the Uniform Controlled Dangerous Substances Law.

(d) To be a person who possesses or has access to an illegal firearm, weapon, or explosive.

(2) Through criminal negligence, the permitting of the minor:

(a) To enter premises known by the parent or legal custodian to be a place where sexually indecent activities or prostitution is practiced.

(b) To violate a local or municipal curfew ordinance.

(c) To violate a local or municipal obstruction of the street ordinance.

(d) To violate a local or municipal assault or battery ordinance.

(e) To habitually be a truant from school without valid excuse.

(f) To enter the premises known by the parent or legal custodian as a place of illegal drug use or distribution activity.

(g) To enter the premises known by the parent or legal custodian as a place of underage drinking or gambling.

(h) To enter the premises known by the parent or legal custodian as a place which stores or has a person present who possesses an illegal firearm, weapon, or explosive.

B. Whoever violates the provisions of the section shall be fined not less than $25.00 and not more than $250.00 for each offense, or imprisoned for not more than 30 days, or both. A minimum condition of probation shall be that the offender participate in 40 hours of court-approved community service activities, or a combination of 40 hours of court-approved community service and attendance at a court-approved family counseling program by both a parent or legal custodian and the minor.

C. The provisions of Subsection A(1)(b) shall not apply to an immediate family member who lives in the household with the minor or other relative who is supervised by the parent or legal custodian when visiting with the minor.

D. No parent or legal guardian shall be guilty of a violation of this section if, upon acquiring knowledge that the minor has undertaken acts as described in Paragraphs (1) and (2) of Subsection A, the parent or legal custodian seeks the assistance of local, parish, or state law enforcement officials, school officials, social services officials, or other appropriate authorities in either leading the minor to modify his or her behavior, or in referring the minor to appropriate treatment or corrective facilities.

Definition of criminal negligence: Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.

(Ord. No. 10-2005, 6-27-2005)

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MINNEAPOLIS, MINNESOTA

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)

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ST. LOUIS, MISSOURI

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.)

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ALBUQUERQUE, NEW MEXICO

CHAPTER 12: CRIMINAL CODE

ARTICLE 5: OFFENSES RELATING TO MINORS

12-5-5.  OFFENSES BY CHILDREN

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)

12-5-6.  FAILURE OF PARENTAL RESPONSIBILITY

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) 

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PORTLAND, OREGON

Title 14 PUBLIC PEACE, SAFETY AND MORALS

Chapter 14.28 MINORS

14.28.020. Responsibility of Parent

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.

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PHILADELPHIA, PENNSYLVANIA

10-307. Parental Responsibility for Minor Children

(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.

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SALT LAKE CITY, UTAH

SALT LAKE CITY CODE 1987

Title 11 PUBLIC PEACE, MORALS AND WELFARE

Chapter 11.60 FAILURE TO SUPERVISE A CHILD

11.60.010.  Intent/purpose

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)

11.60.020.  Failure to supervise child.

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)

11.60.030.  Affirmative defenses

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)

11.60.040.  Child’s conviction not required

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)

11.60.050.  Definitions

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)

11.60.060.  Penalty/counseling

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)

SALT LAKE CITY CODE 1987

Title 11 PUBLIC PEACE, MORALS AND WELFARE

Chapter 11.48  WEAPONS

11.48.010.  Children under fourteen -- Parents’ responsibility concerning weapons

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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