CURFEW ORDINANCE
FOREST CITY MUNICIPAL CODE
CHAPTER 46.01
CURFEW- This section shall be known as the Forest City, Iowa Juvenile Curfew.
1. Purpose. The Council hereby determines that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the City, and specifically to achieve the following purposes.
A. Reinforce the primary authority and responsibility of adults responsible for minors.
B. Protect the public from the illegal acts of minors committed individually and in groups and/or gangs after the curfew hour.
C. Protect minors from improper influences and criminal activity by individuals and groups and/or gangs that prevail in public places after the curfew hour.
2. Definitions.
A. "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 for through an objective test. It shall, therefore, be no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.
B. "Minor" means any un emancipated person under the age of eighteen (18) years.
C. "No-secured 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 arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or person employed by the facility where the person arrested 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 an release to the person's parents, or other responsible adult, or for other administrative purposes; but not for longer than six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
D. "Public place" includes shopping areas, parking lots, parks, playgrounds, schools, except during normal school hours or during school sponsored activities, streets, alleys, sidewalks dedicated to public use; and shall also include such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access.
E. "Responsible adult" means a parent, guardian or other adult specifically authorized by law, or specifically authorized by a parent or guardian to have custody or control of a minor.
F. "Un emancipated" means unmarried and/or still under the custody or control of a responsible adult.
3. Curfew Established.
A. Unless accompanied by a responsible adult, no minor under sixteen (16) years of age shall be in any public place during the following times:
(1) Sunday-Thursday 10:00 p.m. through 6:00 a.m. each day
(2) Friday-Saturday 11:00 p.m. through 6:00 a.m. each day.
B. Unless accompanied by a responsible adult, no minor ages sixteen (16) or seventeen (17) years of age shall be in any public place during the following times:
(1) Sunday-Thursday 12:00 midnight through 6:00 a.m.
(2) Friday-Saturday 1:00 a.m. through 6:00 a.m.
4. Exceptions. The following are exceptions to the juvenile curfew:
A. The minor is accompanied by a responsible adult.
B. When the minor is on the sidewalk or property immediately adjoined to where the minor resides.
C. The minor is present at or is traveling between home and one of the following exceptions, allowing reasonable travel time for events outside the City:
(1) Minor's place of employment, within one hour after the end or beginning of work.
(2) Minor's place of religious activity, within one hour after the end or beginning of the religious activity.
(3) Governmental or political activity, within one hour after the end or beginning of the activity.
(4) Professional entertainment, with proof of attendance, within one hour after the end of the activity.
(5) School activity, within one hour after the end or the beginning of the activity.
(6) Assembly, such as a march, protest, demonstration, sit-in, or meeting of an association for the advancement of economic, political, religious, or cultural matters; or for any other activity protected by the First Amendment of the U.S. Constitution, within hour after the end or beginning of the assembly, association meeting, or other activity protected by the First Amendment.
D. The minor is on an emergency life, property, or medical errand for a responsible adult.
E. The minor's business, trade or occupation, in which the minor is permitted by law to be engaged, requires the presence of the minor in the public place.
5. Responsibility of Adults. It is unlawful for any responsible adult knowing to permit or to allow a minor to be in any public place in the City, within the time periods prohibited by this section, unless the minor's presence falls within one of the above exceptions.
6. Enforcement Procedures.
A. Determination of Age. In determining the age of the juvenile and in absence of convincing evidence such as a birth certificate or driver's license, a police officer on the street shall, in the first instance, use his or her judgment in determining age.
B. Grounds of Arrest; Conditions of Custody. Grounds for arrest are that the person refuses to sign the citation with qualification; persists in violating this section; refuses to provide proper identification or identify the person's self; or constitutes an immediate threat to the person's own safety or the safety of the public. A law enforcement officer who arrests a minor for curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation, unless pursuant to an order of the court.
C. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person or produce the minor in court at such time as the court may direct. If a minor is issued a citation to appear for a violation of this section, a law enforcement officer shall notify the adult responsible for the minor as soon as possible, within twenty-four (24) hours of the violation.
7. Penalties.
A. Responsible Adult's First Violation- Warning. In the case of a first violation by a minor, the Police Chief, or the Chief's designee, shall, by certified mail, send to the adult responsible for the minor, or by personal service upon the adult responsible for the minor, written notice of the violation with warning that any subsequent violation will result in full enforcement of the curfew section against both the responsible adult and the minor, with applicable penalties.
B. Responsible Adult's or Minor's Second Violation- Simple Misdemeanor. Any violation of the provisions of this section by a minor person under eighteen (18) years of age or responsible adult, the minor and/or responsible adult shall be guilty of a simple misdemeanor. Upon conviction, the person shall be punished by a fine, as fixed by the court, or may be required to perform community service as ordered by the court.
(Ord. 578-Dec. 99 Supp.)