TITLE III COMMUNITY PROTECTION
3-45-1 Title and Purpose
3-45-3 Parental Duties
3-45-4 Parental Violation and Penalty
3-45-5 Notification of Parents: Records of Notification
3-45-6 Liability of Parents: Records of Notification
3-45-8 Severability Clause
SECTION 3-45-1 TITLE AND PURPOSE. This Ordinance is declared necessary to protect and preserve the right, privileges, and property of the City of Belle Plaine, Iowa, or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents, and is intended to address situations where parents have failed to act responsibly and reasonably in the supervision of their minor children to the detriment of the general public.
SECTION 3-45-2 DEFINITIONS.
1) Delinquent Acts. Those acts which violate the laws of the United States, or the statures of the state or the ordinances of the city or those acts which would cause or tend to cause the minor to come under the jurisdiction of the Juvenile Court but do not include traffic violations.
2) Minor. For the purpose of this ordinance “minor” shall include persons who are under eighteen (18) years of age.
3) Parent. A mother, father, legal guardian and any other person having the care or custody of a minor or any person acting in the parent’s stead who has custody or control of the minor.
4) Illegal Drugs. Controlled substances obtained without a legal prescription.
5) Juvenile Delinquent. Those minors whose behavior interferes with the rights of others or menaces the welfare of the community.
6) Recklessly. Conduct engaged in by a person in conscious disregard of a substantial and justifiable risk that circumstances exist or that a result will follow which constitutes an offense under this section and where such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
SECTION 3-45-3 PARENTAL DUTIES.
1) It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
2) Included (without limitation) in this continuous duty of reasonable parental control are the following duties:
a) To keep illegal drugs or illegal weapons out of the home and provide that legal weapons and/or ammunition are inaccessible to the minor except as provided in Iowa Code Section 724.22.
b) To know the Curfew Ordinances (Chapter 34, City Code) of the City of Belle Plaine, and to require the minor to observe the Curfew Ordinance.
c) To require the minor, if sixteen (16) years of age or younger, to attend regular school sessions and to forbid the minor to be absent frrm class without parental or school permission as provided in the Belle Plaine Community School District attendance policy unless the parent has filed the Affidavit as provided in Iowa Code Section 299.6.
d) To arrange proper supervision for the minor when the parent must be absent, in accordance with Iowa Department of Human Resources guidelines.
e) To not knowingly allow or permit the minor to maliciously or willfully destroy real, personal or mixed property which belongs to the City of Belle Plaine, or is located in the City of Belle Plaine.
f) To not knowingly allow or permit the minor to keep stolen property, illegally possess weapons or illegal drugs, associated with known juvenile delinquents or criminal street gang members, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.
SECTION 3-45-4 PARENTAL VIOLATION AND PENALTY.
1) No parent of any minor under the age of eighteen (18) years shall fail to exercise reasonable parental control over such minor. An adjudication said minor has committed a felony, misdemeanor or violation of an ordinance except traffic violations may be considered as evidence that said parent failed to exercise reasonable parental control.
2) Pursuant to the violation of this ordinance, the parent of a minor shall be held civilly responsible for the damages caused by the commission of any delinquent act within the City of Belle Plaine.
3) Upon the first adjudication of a minor of committing a felony, misdemeanor, or ordinance violation except traffic violations the notice sent to the parent as provided in the Chapter shall be considered as a warning.
4 ) Upon subsequent adjudication of a minor within two (2) years of his or her first adjudication, as provided above, following the aforesaid notice to parent, a first violation of this ordinance will be deemed to have occurred and the parent shall be subject to a civil penalty of fifty dollars. ($50.00).
5) Upon the second offense of a violation of this ordinance, the parent shall be subject to a civil penalty of one hundred dollars ($100.00), and in addition, shall be required to participate in, through completion, a city approved, community based treatment program (such as parenting skills, family services, employment and training, etc.) or community service working in a tutorial or educational setting.
6) Upon the third or subsequent offense of a violation of this ordinance, the parent shall be subject to a civil penalty of two hundred dollars. ($200.00)
7) A violation of this Chapter is a municipal infraction as provided in Iowa Code Section 364.22.
SECTION 3-45-5 NOTIFICATION OF PARENTS; RECORDS OF NOTIFICATION.
1) When a minor is apprehended or detained for a delinquent or reckless act the parent shall receive a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of personal service returned, from the Police Department of the City of Belle Plaine following said adjudication or nonjudicial sanction; and
2) A record of such notification shall be maintained by the Records Division of the Belle Plaine Police Department.
3) A copy of this notice shall be provided to the minor’s school attendance center.
SECTION 3-45-6 LIABILITY OF PARENTS; RECORDS OF NOTIFICATION.
1) Injuring or destroying property or acts of vandalism. It shall be unlawful for any person to willfully or maliciously break, deface, injure or destroy any property within the City of Belle Plaine, whether such property is owned by the state, county, city or any other governmental body, or owned by any private person. It shall be a violation of this section for any person to commit an act of vandalism.
2) Liable for actual damages. The parent of an unemancipated minor who resides with such parent is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or property.
3) Recovery. No recovery under this section may exceed two thousand dollars ($2,000.00) actual damages for any act or five thousand dollars ($5,000.00) to the same claimant for two or more acts of such willful or malicious acts by the minor causing injury, in addition to taxable court costs. In determining the damages to be allowed in an action under this article for personal injury, only medical, dental and hospital expenses may be recovered.
4) Other Liability. This article shall not affect the recovery damages in any other cause of action where the liability of the parent is predicated on a common law or statutory basis.
SECTION 3-45-7 REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 3-45-8 SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.