A curfew applicable to minors is established and shall be enforced as follows:
1. Definitions. The following terms are defined for use in this section.
A. “Minor” means an unemancipated person who has not yet reached the age of eighteen (18) years.
B. “Parent” means a person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis, or by virtue of Court order.
C. “Street” means a way or place, of whatever nature, open to the use of the public as a matter of right for vehicular or pedestrian travel, including but not limited to streets, alleys, and sidewalks, irrespective of what the right-of-way is called.
2. Time Limits. It is unlawful for any minor to be or remain upon any of the streets of the City from 11:00 p.m. until 5:00 a.m. Sunday night through Friday morning, and from 12:00 midnight until 5:00 a.m. Friday night through Sunday morning.
3. Exceptions. In the following cases the presence of a minor on City streets does not constitute a violation of Subsection 2 of this section.
A. When the minor is accompanied by the minor’s parent.
B. When the minor is accompanied by an adult authorized by a parent of such minor to take said parent’s place in accompanying said minor for a designated period of time and purpose. Such permission shall be written and presented to a peace officer upon request.
C. When the minor exercises First Amendment rights, such as free exercise of religion, freedom of speech, right of assembly or right to petition the government, and use of City streets is a necessary incident thereto.
D. When the minor is traveling via direct route, to or from a place of employment, or such travel necessary in conjunction with employment duties.
E. When the minor is traveling through the City from and to destinations outside the City, with no point of destination within the City, when such travel is by direct route.
F. When the minor is returning home by a direct route from within 30 minutes from the termination of a school or church activity, or government sponsored activity or event.
G. When the minor is traveling to or from a City or school sponsored after-prom event.
All contacts with juveniles under this section shall be referred to the police social worker for follow-up contact with the minor’s parent or guardian.
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 a person under 21 years of age shall not constitute a violation of this section if said person 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.
(Code of Iowa, Sec. 453A.2)
(Ord. 04-2023 – Jun. 23 Supp.)