CURFEW FOR
MINORS
Sections
9.04.010
Preamble
9.04.020 Findings and Purpose
9.04.030 Definitions
9.04.040 Offenses
9.04.050 Defenses
9.04.060 Enforcement
9.04.070 Penalty, Municipal Infraction
9.04.010
Preamble.
The City of Lowden recognizes that all citizens including minors have certain
inalienable rights and that among them are the rights of liberty and the pursuit
of happiness. Further, all citizens including minors have the right to freedom
of religion, freedom of speech, freedom of assembly, and of association. This
section should be interpreted to avoid any construction that would result in
the appearance of interference with the free exercise of religious worship
and political association and this Ordinance shall not be construed to mean
that the City intends to interfere with a minor’s freedom of association
for political, economic, religious, or cultural matters or association for
purposes such as marches, demonstrations, picketing, or prayer vigils which
are otherwise lawful and peaceful assemblies. (Added during 1999 Codification).
(Code of Iowa, Sec. 364.1)
9.04.020
Findings and Purpose.
The City Council has determined that there has been an increase in juvenile
violence and crime by persons under the age of 17 in the City of Lowden; and
Persons under the
age of 17 are particularly susceptible by their lack of maturity
and experience to participate in unlawful and gang-related activities
and to be victims of older perpetrators of crime; and
The City of Lowden
has an obligation to provide for the protection of minors from each
other and from other persons, for the enforcement of parental control
over and responsibility for children, for the protection of the general
public, and for the reduction of the incidence of juvenile criminal
activities. (Added during 1999 Codification: Ord. 520 §2, 1973).
9.04.030
Definitions.
In this chapter:
A. Curfew hours means:
1.
11:00 p.m. Monday, Tuesday, Wednesday, Thursday, Sunday until
6:00 a.m. the following day.
2. 12:01 a.m. Saturday until 6:00 a.m. Saturday and 12:01 a.m. Sunday until
6:00 a.m. Sunday. (Added during 1999 Codification: Ord. 420 §2 and §3,
1973)
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, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss
of life. (Added during 1999 Codification).
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. (Added during 1999 Codification).
D. Guardian means:
1.
A person who, under court order, is the guardian of the person
of a minor; or
2. A public of private agency with whom a minor has been placed by a court.
(Added during 1999 Codification).
E. Minor means
any person under age 17 years of age. (Added during 1999 Codification).
F. Operator means
any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term includes the
members or partners of an association or partnership and the officers
of a corporation. (Added during 1999 Codification).
G. Parent means
a person who is:
1.
A biological 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. (Added during 1999 Codification).
H. 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,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops. (Added during 1999 Codification)
I. Remain means
to:
1.
Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or
the owner operator, or other person in control of the premises. (Added during
1999 Codification).
J. Serious Bodily
Injury means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted
loss of impairment of the function of any bodily member or organ.
(Added during 1999 Codification).
9.04.040
Offenses
A. A minor commits an offense if the minor remains in any public place or on
the premises of any establishment within the City during curfew hours. (Added
during 1999 Codification).
- B. A parent or guardian of a minor commits an offense if they knowingly
permit, or by insufficient control allow, the minor to remain
in any public place or
on the premises of any establishment within the City during curfew hours.
(Added during 1999 Codification).
9.04.050
Defenses
A. It is a defense to prosecution under this chapter that the minor was:
1.
Accompanied by the minor’s parent or guardian;
2. On an errand at the direction of the minor’s parent or guardian,
without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from
an employment activity, without any detour or stop;
5. Involved in an emergency;
6. 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;
7. Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of Lowden, a civic organization,
or another similar entity that takes responsibility for the minor, or going
to or returning home without any detour or stop, an official school, religious,
or other recreational activity supervised by adults and sponsored by the
City of Lowden, a civic organization, or another similar entity that takes
responsibility for the minor;
8. Exercising First Amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech, and the right of
assembly; or
9. Married or had been married.
(Added during 1999 Codification: Ord. 520 §1973).
B. It is a defense
to prosecution under Subsection 9.04.040(c) 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. (Added during 1999 Codification).
9.04.060
Enforcement
A. Before taking any enforcement action under this section, a police officer
shall ask the apparent offender’s age and reason for being in the public
place. The officer shall not issue a citation or make an arrest under this
section unless the officer reasonably believes that an offense has occurred
and that, based on any response and other circumstances, no defense described
in this chapter.
B. A minor who
is in violation of this Ordinance shall be reunited with the minor’s parent or guardian or custodian or other adult taking the place
of the parent or shall be taken home by the police officers of the City of
Lowden. (Added during 1999 Codification: Ord. 520 §5 1973).
9.04.070
Penalty, Municipal Infraction.
The violation of this chapter shall be a municipal infraction with penalties
not to exceed those contained in the City Code. (Added during 1999 Codification:
Ord 520 §6, 1973).
“Editor’s
Note: The courts have carefully scrutinized curfew Ordinances and
before enacting such an Ordinance, you should consult with your
City Attorney. See Maquoketa v. Russel, 484 NW2d, 179(Iowa 1992)
and Quit v. Strauss, 8 F2d 260 (1993).”
