[Ord. 95-482 § 9.52.010; Ord. 93-516 § 2 (part)]
The City Council of the City of Davenport, Iowa, 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 gangs after the curfew hour.
C. Protect minors from improper influences and criminal activity by
individuals and by gangs that prevail in public places after the curfew
hour.
[Ord. 95-482 § 9.52.020; Ord. 93-516 § 2 (part)]
A. EMERGENCY ERRAND – Means, but is not limited to, an errand
relating to a fire, a natural disaster, an automobile accident, or
any other situation requiring immediate action to prevent serious
illness, bodily injury or loss of life.
B. 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 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.
C. MINOR – Means any unemancipated person under the age of 18
years.
D. NONSECURED 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 a person
employed by the facility where the person arrested is being held;
and the use of the area is limited to providing nonsecure custody
only while awaiting transfer to an appropriate juvenile facility or
to court, for contacting of and 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.
E. PUBLIC PLACE – Shall include shopping centers, parking lots,
parks, playgrounds, 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.
For purposes of this chapter, a vehicle or other conveyance is considered
to be a public place when in the areas defined above.
F. RESPONSIBLE ADULT – Means a parent, guardian or other adult
specifically authorized by law, or authorized by a parent or guardian
to have custody or control of a minor.
G. UNEMANCIPATED – Means unmarried and still under custody or
control of a responsible adult.
[Ord. 95-482 § 9.52.030; Ord. 94-169 § 1; Ord. 93-516 § 2 (part)]
A. Unless accompanied by a responsible adult, no minor under the age
of 18 shall be in any public place during the following times:
1. 11:00 p.m. - 5:00 a.m. Sunday night through Friday morning
2. 12:00 a.m. (midnight) - 5:00 a.m. Friday night through Sunday morning
[Ord. 95-482 § 9.52.040; Ord. 93-516 § 2 (part)]
The following are exceptions to the curfew:
A. The minor is accompanied by a responsible adult.
B. When the minor is on the sidewalk or property where the minor resides,
or on either side of the place where the minor resides and the adult
responsible for the minor has given permission for the minor to be
there.
C. The minor is present at or is traveling between home and one of the
following:
1. Minor's place of employment in a business, trade or occupation, in
which the minor is permitted by law to be engaged, or, if traveling,
within one hour after the end of work.
2. Minor's place of religious activity, or, if traveling, within one
hour after the end of the religious activity.
3. Governmental or political activity, or, if traveling, within one
hour after the end of the activity.
4. School activity, or, if traveling, within one hour after the end
of the activity.
5. 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 guarantees of free exercise of
religion, freedom of speech, freedom of assembly, or, if traveling,
within one hour after the end of the activity.
D. The minor is on an emergency errand for a responsible adult.
E. The minor is engaged in interstate travel through the City beginning,
ending or passing through Davenport, Iowa, when such travel is by
direct route.
[Ord. 95-482 § 9.52.050; Ord. 93-516 § 2 (part)]
It is unlawful for any responsible adult knowingly 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.
[Ord. 95-482 § 9.52.060; Ord. 93-516 § 2 (part)]
A. Determination of Age. In determining the age of the juvenile and
in the 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 best judgment in determining age.
B. Grounds for Arrest. Conditions of Custody. Grounds for arrest are
that the person refuses to sign the citation without qualification;
persists in violating the chapter; 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 a curfew violation may keep the minor
in custody either in a shelter care facility or in any nonsecured
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.
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 to
produce the child in court at such time as the court may direct.
D. Minor without Adult Supervision. If a peace officer determines that
a minor does not have adult supervision because the peace officer
cannot locate the minor's parent, guardian or other person legally
responsible for the care of the minor within a reasonable period of
time, the peace officer shall attempt to place the minor with an adult
relative of the minor, an adult person who cares for the child, or
another adult person who is known to the child.
[Ord. 95-482 § 9.52.070; Ord. 93-516 § 2 (part)]
A. Responsible Adult's First Violation — Warning. In the case
of a first violation by a minor, the chief of police shall, by certified
mail, send to the adult responsible for the minor, written notice
of the violation with a warning that any subsequent violation will
result in full enforcement of the curfew ordinance against both the
responsible adult and minor, with applicable penalties.
B. Responsible Adult's Second Violation — Simple Misdemeanor.
Any responsible adult as defined in this chapter who, following receipt
of a warning, knowingly allows the minor to violate any of the provisions
of this section shall be guilty of a simple misdemeanor, and upon
conviction, shall be punished by a fine not to exceed $100 or imprisonment
not to exceed 30 days.
C. Minor's First Violation — Warning. In the case of a first violation
by a minor, the police shall give the minor a written warning, which
states that any subsequent violation will result in full enforcement
of the curfew ordinance against the responsible adult and the minor,
with applicable penalties.
D. Minor's Second Violation — Simple Misdemeanor. For the minor's
second and subsequent violations of any of the provisions of this
chapter, the minor shall be guilty of a simple misdemeanor. Upon conviction,
the person shall be punished by a fine not to exceed $100 or to perform
community service as ordered by the court.
[Ord. 95-482 § 9.52.080; Ord. 93-516 § 2 (part)]
Notice of this chapter and its contents may be posted in, on
or about such public or quasi-public places as may be designated by
the City Administrator or the police department in order that the
public may be constantly informed of the existence of the chapter
and its regulations.