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 individually and in groups and/or gangs after the curfew hour; and to protect minors from improper influences and criminal activity by individuals and groups and/or gangs that prevail in public places after the curfew hour.
1. Definitions. For use in this section, the following terms are defined:
A. “Curfew hours” means:
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
(2) 1:01 a.m. until 6:00 a.m. on any Friday or Saturday.
B. “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, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. “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.
D. “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 a minor has been placed by a court.
E. “Knowingly” means knowledge which 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 community 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.
F. “Minor” means any person under eighteen (18) years of age.
G. “Non-secure custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person in custody is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or a person employed by the facility where the person in custody is being held; and the use of the area is limited to providing non-secure custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents, guardian, or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the continued detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour holding period.
H. “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.
I. “Parent” means a person who is:
(1) A natural parent, adoptive parent or step-parent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
J. “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, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
K. “Remain” means to:
(1) Linger or stay; or
(2) Fail to leave premises when requested to do so by a peace officer or the owner, operator or other person in control of the premises.
L. “Responsible adult” means an adult specifically authorized by law or specifically authorized by a parent or guardian to have custody or control of a minor.
M. “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 functions of any bodily member or organ.
2. Curfew Offenses.
A. 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.
B. A parent or guardian or responsible adult 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.
C. The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
3. Defenses. It is a defense to prosecution under this section if the minor is:
A. Accompanied by the minor’s parent or guardian;
B. On an errand at the direction of the minor’s parent or guardian without any detour or stop;
C. In a motor vehicle involved in interstate travel;
D. Engaged in an employment activity or going to or returning home from an employment activity without any detour or stop;
E. Involved in an emergency;
F. 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;
G. 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;
H. Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of assembly; or
I. Married or had been married or had disabilities of minority removed.
It is a defense to prosecution under this section that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
4. Enforcement Procedures.
A. Before taking any enforcement action under this section, a peace officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or take the person into custody under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, the defenses in subsection 3 of this section are not present.
B. After a minor is taken into custody, the peace officer shall notify the parent, guardian or other responsible adult for the minor as soon as reasonably possible. The minor shall be released to this responsible adult for the minor upon the promise of such adult to produce the minor in court at such time as the court may direction. If a minor is issued a citation to appear for a violation of this section, a peace officer shall notify the responsible adult for the minor, if known, with 24 hours of the violation.
5. Penalties.
A. A person who violates a provision of this section is guilty of a simple misdemeanor punishable upon conviction as provided by law.
B. When required by Section 232.8 of the Code of Iowa, as amended, the Magistrate Court shall waive original jurisdiction over a minor who violates Paragraph 2(A) of this section and shall refer the minor to juvenile court.
C. A person who violates a provision of this section shall be deemed to have committed a municipal infraction punishable upon conviction as provided by Section 364.22 of the Code of Iowa.