[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 46 of the 2000 Code. Amendments noted where applicable.]
A curfew applicable to minors is established and shall be enforced
as follows:
A.
CURFEW HOURS
(1)
(2)
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
Definitions. The following terms
are defined for use in this section:
The following:
[Ord. No. 18-36]
From 11:00 p.m. on any day until 6:00 a.m. of the following
day.
From 7:00 p.m. on any day until 6:00 a.m. in any place of business
holder in which the selling of alcoholic beverages constitutes more
than 50% of the annual gross business transacted therein, unless actually
engaged in a trade, occupation or business other than the serving
of alcoholic beverages, which requires said person's presence within
or upon said premises and the person is at least 18 years of age.
[Amended 3-23-2023 by Ord. No. 23-02]
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.
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.
Any person under 16 years of age.
Any person operating, managing or conducting any establishment.
The term includes the members or partners of an association or partnership
and the officers of a corporation.
A person who is:
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, shops, alleys, sidewalks, parks,
playgrounds and vacant lots.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
B.
Offenses.
[Amended 8-17-2023 by Ord. No. 23-21]
(1)
A minor commits an offense
if they remain in any public place or on the premises of any establishment
within the City during curfew hours.
(2)
A parent or guardian 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.
(3)
The owner, operator or any
employee of an establishment commits an offense if they knowingly
allow a minor to remain upon the premises of the establishment during
curfew hours.
C.
Defenses.
(1)
It is a defense to prosecution under Subsection B of this section that the minor was:
(a)
Accompanied by the minor's
parent or guardian;
(b)
On an errand at the direction
of the minor's parent or guardian, without any detour or stop;
(c)
In a motor vehicle involved
in interstate travel;
(d)
Engaged in an employment
activity or going to or returning home from an employment activity,
without any detour or stop;
(e)
Involved in an emergency;
(f)
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;
(g)
Attending an official school,
religious or other recreational activity supervised by adults and
sponsored by the City, a civic organization or another similar entity
that takes responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school, religious
or other recreational activity supervised by adults and sponsored
by the City, a civic organization or other similar entity that takes
responsibility for the minor;
(h)
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
(i)
Married or previously married
or if said minor had disabilities of minority removed in accordance
with lawful authority of the State.
D.
Enforcement. 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 in Subsection C of this section is present.
[Ord. No. 00-27; amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for any person under 21 years of age to smoke,
use, possess, purchase or attempt to purchase any tobacco, tobacco
products, alternative nicotine products, vapor products or cigarettes.
Possession of cigarettes or tobacco products, alternative nicotine
products or vapor products by a person under 21 years of age shall
not constitute a violation of this section if said person possesses
the cigarettes or tobacco products, alternative nicotine products
or vapor products as part of the person's employment and said person
is employed by a person who holds a valid permit under Chapter 453A
of the Code of Iowa and lawfully offers for sale or sells cigarettes
or tobacco products, alternative nicotine products or vapor products.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for any person to encourage any child under 18
years of age to commit any delinquent act as defined in Iowa Code
§ 232.2.
[Added 3-23-2023 by Ord.
No. 23-02]
See § 109-1, Persons under legal age, of this Code of Ordinances.
