The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals, and general welfare of the City and specifically to reinforce the primary authority and responsibility of adults responsible for minors; to protect the public from the illegal acts of minors committed after the curfew hour; and to protect minors from improper influences and criminal activity that prevail in public places after the curfew hour.

1.   Definitions. For use in this section, the following terms are defined:

   A.   “Emergency errand” means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury, or loss of life.

   B.   “Knowingly” means knowledge that a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody. It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable standard of adult responsibility through an objective test. It is therefore no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.

   C.   “Minor” means any unemancipated person under the age of 18 years.

   D.   “Nonsecured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room that is not designed, set aside, or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.

   E.   “Public place” includes stores, parking lots, parks, playgrounds, streets, alleys, and sidewalks dedicated to public use and also includes such parts of buildings and other premises, whether publicly or privately owned, that are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.

   F.   “Responsible adult” means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.

2.   Curfew Established. It is unlawful for any minor to be or remain upon any of the alleys, streets, or public places, or to be in places of business and amusement in the City between the hours of 11:00 p.m. and 6:00 a.m. of the following day on days commencing on Sunday, Monday, Tuesday, Wednesday, and Thursday and between the hours of midnight and 6:00 a.m. on Friday and Saturday.

3.   Exceptions. The following are exceptions to the curfew:

   A.   The minor is accompanied by a responsible adult.

   B.   The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there.

   C.   The minor is present at or is traveling between home and one of the following:

      (1)   Minor’s place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, within one hour after the end or before the beginning of work;

      (2)   Minor’s place of religious activity or, if traveling, within one hour after the end or before the beginning of the religious activity;

      (3)   Governmental or political activity or, if traveling, within one hour after the end or before the beginning of the activity;

      (4)   School activity or, if traveling, within one hour after the end or before the beginning of the activity;

      (5)   Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one hour after the end or before the beginning of the activity.

   D.   The minor is on an emergency errand for a responsible adult;

   E.   The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.

4.   Responsibility of Adults. It is unlawful for any responsible adult knowingly to permit or to allow a minor to be in any public place in the City within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.

5.   Enforcement Procedures.

   A.   Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a law enforcement officer on the street shall, in the first instance, use his or her best judgment in determining age.

   B.   Grounds for Arrest; Conditions of Custody. Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public. A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any nonsecured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation.

   C.   Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct.

   D.   Minor Without Adult Supervision. If a law enforcement officer determines that a minor does not have adult supervision because the law enforcement officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the law enforcement officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child.

6.   Penalties.

   A.   Responsible Adult’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall, by certified mail, send to the adult responsible for the minor, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.

   B.   Responsible Adult’s Second Violation. Any responsible adult as defined in this section who, following receipt of a warning, knowingly allows the minor to violate any of the provisions of this section is guilty of a municipal infraction.

   C.   Minor’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall give the minor a written warning, which states that any subsequent violation will result in full enforcement of the curfew ordinance against the responsible adult and the minor, with applicable penalties, or, at the law enforcement officer’s discretion, may issue the minor a citation for a first violation.

   D.   Minor’s Second Violation. For the minor’s second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction.

It is unlawful for any person under 21 years of age to smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by an individual under 21 years of age shall not constitute a violation of this section if the individual under 21 years of age possesses the tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes as part of the person’s employment and said person is employed by a person who holds a valid permit under Chapter 453A of the Code of Iowa or who lawfully offers for sale or sells cigarettes or tobacco products.

It is unlawful for any person to encourage any child under 18 years of age to commit any act of delinquency.

The purpose of this section is to preserve the peace, safety, health, and welfare of the City’s citizens, visitors, and guests. The Council finds that there has been an increase in the number of criminal acts committed by juveniles. The Council further finds that those who bring children into the world, or those who assume a parenting role, but who fail to effectively teach, train, guide, and control them, should be accountable to the community under the law. Those who need assistance and training should be aided; those who neglect their parenting duties should be encouraged to be more diligent, through civil sanctions, if necessary. This section should be construed to achieve these remedial objectives by addressing situations where parents or guardians have failed or neglected to act responsibly or reasonably in the supervision of their minor children.

1.   Definitions. The following words have the following meanings when used in this section, unless a different meaning is clear from context or usage.

   A.   “Parent” means a father, mother, legal guardian, or any other person having (or who has assumed) the care, control, or custody of a minor in the sense that the child lives with such person and said person looks after that child, either by court order or on a voluntary basis.

   B.   “Minor” means any person who has not attained the age of 18 years old.

   C.   “Adjudication” means that a juvenile court has entered a finding of fact that a minor has committed a delinquent act as defined by Iowa law.

   D.   “Informal adjustment” means a disposition of a juvenile investigation or case which results in a nonjudicial admission of guilt and nonjudicial agreement between juvenile court services and a minor. For purposes of this section, a consent decree as provided for by Iowa law shall be deemed an informal adjustment.

   E.   “Occurrence” means a law enforcement agency has probable cause to believe a particular child engaged in a delinquent act and has filed a delinquency complaint with the court based upon such probable cause or has otherwise taken said child into custody.

2.   Parental Responsibility. The parent of a minor shall not fail to exercise reasonable control over said minor.

3.   Parental Duties.

   A.   It is the duty of the parent of a minor child to exercise sufficient control over said minor to prevent the minor from committing any unlawful act in violation of federal law, State law, or City ordinance. Any occurrence is a breach of this duty. A second occurrence or an adjudication or the entry of an informal adjustment agreement involving a minor related to any unlawful act, and prior notification to the parent of the parental responsibility ordinance codified in this chapter, including notice of possible fines or penalties, establishes a rebuttable presumption that the parent failed to exercise reasonable parental control of said minor.

   B.   The presumption that a parent has failed to exercise reasonable parental control of a minor may be rebutted by evidence that establishes that the parent:

      (1)   Kept illegal drugs or weapons out of the home; and kept legal weapons locked and inaccessible to minors.

      (2)   Took reasonable and responsible efforts to require the minor to observe the curfew ordinance codified in this chapter.

      (3)   Took reasonable and responsible actions to insure that said parent’s minor regularly attended school sessions and limited school absences to situations approved by the parent.

      (4)   Arranged adequate supervision of the minor child by a competent adult under circumstances when the parent was unable to personally supervise the child.

      (5)   Took reasonable and responsible action to prevent, deter, or report the minor child’s involvement in unlawful activity in violation of federal law, State law, or City ordinance; e.g., reported stolen property to police, turned in illegal or dangerous weapons to the police, prevented the minor’s association with known juvenile delinquents.

      (6)   Sought assistance from appropriate agencies prior to the adjudication or informal adjustment.

4.   Penalties. Any person who violates this section is guilty of a municipal infraction violation. A separate and distinct offense shall be regarded as being committed each day on which such person violates the provisions of this section.

   A.   Upon the occurrence of a first offense the City will issue the parent a warning letter which states that the parent is in violation of the parental responsibility ordinance codified in this section, together with a description of the nature of the parent’s violation and a statement setting forth the fines or consequences of future violations.

   B.   Upon the occurrence of a second offense the parent will be ordered to attend and successfully complete a recognized course of instruction on parenting skills or techniques. A parent failing to successfully complete such course may be subject to contempt of court.

   C.   Upon the occurrence of a third or subsequent offense the penalty shall be a civil penalty in amount of at least $100.00, but not more than $750.00, and such other order, if any, that the court deems equitable.