CHAPTER 56

MINORS

56.01    CURFEW.

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

1. “Curfew hours” means:

(1) For persons 17 and under, when school is in session the next day: 11:00 p.m. to 5:00 a.m.

(2) For persons 17 and under when school is not in session the next day: 12:30 a.m. to 5:00 a.m.

2. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious bodily injury or loss of life.

3. “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

4. “Guardian” means:

(1) A person who, under court order, is the guardian of the person of a minor; or

(2) A public or private agency with whom the minor has been placed by a court.

5. “Minor” means any person under eighteen (18) years of age, except those persons under 18 who have attained majority under Section 599.1 of the Code of Iowa or by order of the courts.

6. “Operator” means any person operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

7. “Parent” means a person who is:

(1) A natural parent, adoptive parent or step-parent of another person; or

(2) At least eighteen (18) years of age and authorized by a parent or guardian in writing to have the care and custody of a minor.

8. “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

9. “Remain” means:

(1) To linger or stay; or

(2) To fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

10. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

2. Offenses. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the City during curfew hours. A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

3. Defenses. It is a defense to prosecution under subsection 2 of this section that the minor was:

1. Accompanied by the minor’s parent or guardian;

2. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

3. In a motor vehicle involved in interstate travel;

4. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;

5. Engaged in political activity, or going to or returning home from political activity, without any detour or stop;

6. Involved in an emergency;

7. On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;

8. Attending a private activity which is conducted under the direct supervision and control of a responsible group of adults with the full knowledge and consent of the minor’s parents for which the supervising persons take responsibility for the minor, or going to or returning from the activity, without any detour or stop;

9. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor;

10. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

11. Married or had been married or had disabilities of minority removed in accordance with Section 599.1 of the Code of Iowa or by order of the courts.

It is a defense to prosecution under subsection 2 of this section that the parent or guardian promptly notified the Police Department that a minor under said guardianship was, without permission of the parent or guardian, in violation of curfew.

4. Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection 3 is present.

5. Nocturnal Hours Curfew. Any child found in violation of subsection 2 of this section shall be issued a citation and instructed to return home immediately. The child’s parent or guardian shall receive a copy of the citation and a letter notifying them of the violation by mail. A child found violating subsection 2 a subsequent time during that night shall be issued another citation and returned to his or her parent or guardian. If a child is found in violation of subsection 2 a subsequent time, the parent or guardian shall be issued a citation as provided under said subsection 2.

6. Penalties.

1. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.

2. The City shall create a children’s trust fund to provide moneys for youth programs. All fines collected as a result of the violation of this curfew section shall be deposited into this fund.

3. Parents of juveniles detained at the Police Department shall be charged a thirty-five dollar ($35.00) per hour supervision fee. These fees shall be used to offset costs of supervision first and remaining shall be placed in the children’s trust fund.

56.02    CIGARETTES AND TOBACCO. It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes. Possession of cigarettes or tobacco products by a person under eighteen years of age shall not constitute a violation of this section if said person possesses the cigarettes or tobacco products 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 and lawfully offers for sale or sells cigarettes or tobacco products.

(Code of Iowa, Sec. 453A.2)

56.03    CONTRIBUTING TO DELINQUENCY. It is unlawful for any per-son to encourage any child under eighteen (18) years of age to commit any act of delinquency.

(Code of Iowa, Sec. 709A.1)

56.04    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances.