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Chapter 46 – Curfew for Minors

TITLE III   COMMUNITY PROTECTION

CHAPTER 46

CURFEW FOR MINORS

 

3-46-1     Purpose
3-46-2     Definitions
3-46-3     Time Limits
3-46-4     Exceptions
3-46-5     Responsibility of Adults and Places of Business and Amusement
3-46-6     Penalties
3-46-7     Severability Clause

 

SECTION 3-46-1                  PURPOSE.  The purpose of this ordinance is to regulate, by establishment of a curfew, the hours minors can be or remain upon the alleys, streets, other public places, and places of business and amusement in this city but to fully allow their participation in political, religious, cultural and educational events.

SECTION 3-46-2                  DEFINITIONS.  For the use of this ordinance, the following terms are defined:

1)   The term “minor” shall mean any unemancipated person below the age of eighteen (18) years.

2)   The term “habitually violates” shall mean any minor who has violated the provisions of this ordinance more than two (2) times.

SECTION 3-46-3                  TIME LIMITS.  It is unlawful for any minor to be or remain, whether in a motor vehicle or walking upon any of the alleys, streets, sidewalks, public places or places of business and amusement in this city between the hours of 11:00 o’clock p.m. and 5:00 o’clock a.m. of the following day, official time, on Sundays through Thursday of each and every week and between the hours of 12:00 o’clock midnight and 5:00 a.m. the following day, official time, on Fridays and Saturdays, of each and every week except that such limitation shall not apply on any day that is a legal holiday as defined by Chapter 33.1 Code of Iowa, or to students who are in attendance at any recognized school function.

SECTION 3-46-4                  EXCEPTIONS.  The restriction provided by Section 3-34-3 of this ordinance shall not apply to any minor who is personally accompanied by a guardian or parent, nor shall the restriction apply to any minor who is acting in the course of his employment or who is traveling directly between his home or place of residence to participate at any social activity or function organized by a church, governmental body, school, political, or non-profit organization.

SECTION 3-46-5                  RESPONSIBILITY OF ADULTS AND PLACES OF BUSINESS AND AMUSEMENT.  It is unlawful for any parent, guarding 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 Section 3-34-3 of this ordinance, except as otherwise provided in Section 3-34-4 of this ordinance.

It is unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any places of business or amusement operated by them within the curfew hours set by Section 3-34-3 of this ordinance, except as provided in Section 3-34-4 of this ordinance.

SECTION 3-46-6                  PENALTIES.  Any person, firm or corporation violating the provisions of Section 3-34-5 of this ordinance shall, upon conviction, be subject to  a fine of $85.00.  A minor violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and said matter shall be prosecuted accordingly.

Any peace officer of this city while on duty is hereby empowered to arrest any minor who violates any of the provisions of Section 3-46-3 and Section 3-46-4 of this ordinance. 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. If any minor habitually violates the provisions of Section 3-46-3 and Section 3-46-4 (convicted of three or more violations or more) of this ordinance, the Chief of Police shall notify the probation officer, or the county attorney if there is no probation officer, of the violations and shall prepare a statement setting forth the violations to be filed with the Clerk of the Juvenile Court upon the approval of the probation officer or county attorney.

SECTION 3-46-7                  SEVERABILITY CLAUSE.  If any section, ordinance, or part thereof shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the remaining ordinances, or parts, section or provisions thereof, which were not adjudged invalid or unconstitutiona

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