A curfew applicable to minors is established and shall be enforced as follows:
1. Definition. The term “minor” means, in this section, any unemancipated person below the age of eighteen (18) years.
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 at night during the period ending at 6:00 a.m. and beginning:
A. At 1:00 a.m. for minors 16 or 17 years of age; and
B. At 11:00 p.m. for minors 15 years of age or younger.
3. Exceptions. The restrictions provided in subsection 2 of this section do not apply to any minor in the following exceptional cases:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of such minor to take said parent’s place in accompanying said minor.
C. When said minor is on the sidewalk of said minor’s residence or the sidewalk of either next-door neighbor.
D. When the minor is present at or is traveling between home or place of residence and one of the following:
(1) Any publicized church, municipal, or school-sponsored function, including 30 minutes after said function;
(2) Any social or civic function or commercial entertainment for which a gate admission is charged, including 30 minutes after said function;
(3) Minor’s place of employment, including 30 minutes after the minor’s working hours;
E. When the minor is exercising First Amendment rights, provided the minor has first given written notice to the Mayor that specifies when, where, in what manner, and for what purpose the minor will be on the public streets, alleys, parks, or other public places during the curfew period.
4. Responsibility of Adults. It is unlawful for any parent, guardian, or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon any of the streets, alleys, places of business or amusement, or other public places within the curfew hours set by subsection 2 of this section, except as otherwise provided in subsection 3.
5. Responsibility of Business Establishments. It is unlawful for any person operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated by such person within the curfew hours set by subsection 2 of this section, except as otherwise provided in subsection 3.
6. Enforcement. Any peace officer of the City, while on duty, is hereby empowered to arrest any minor who violates any of the provisions of subsection 2 and 3 of this section. Upon arrest, the minor shall be returned to the custody of the parent, guardian, or other person charged with the care and custody of the minor.
It is unlawful for any person under twenty-one (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 a person under twenty-one (21) years of age shall not constitute a violation of this section if said person possesses any of these items as part of the person's employment and said person is employed by a person who holds a valid permit under 453A of the Code of Iowa and lawfully sells or offers these products for sale
(Code of Iowa, Sec. 453A.2)
(Ord. 2012 – Jan. 21 Supp.)
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