[1]
Editor’s note–Ordinance 615-17, sec. 1, adopted July 25, 2017, amended and restated former division 2, secs. 8.021.031–8.02.036, in its entirety to read as herein set out. Former division 2 pertained to similar subject matter and derived from Ordinance 472, secs. 2-7, adopted July 17, 2012.
In this division:
mean:
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, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
means any privately-owned place of business operated to which the public is invited, including but not limited to any place of amusement or entertainment.
means:
means transportation between states of the United States or between a state of the United States and a foreign country, or transportation between locations within the state, to which any travel through the city is merely incidental.
means any person under 17 years of age.
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.
means a person who is:
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.
means to:
means 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.
(Ordinance adopting Code)
(a)
A minor commits an offense by remaining in any public place or on the premises of any establishment within the city during curfew hours.
(b)
A parent or guardian of a minor commits an offense by knowingly permitting, or by insufficient control, allowing, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(c)
The owner, operator, or any employee of an establishment commits an offense by knowingly allowing a minor to remain upon the premises of the establishment during curfew hours.
(Ordinance adopting Code)
(a)
It is a defense to prosecution under this division that the minor was:
(1)
Accompanied by the minor’s parent or guardian or an adult 21 years of age or older approved by the parent or guardian;
(2)
On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3)
In an aircraft or motor vehicle involved in interstate transportation, or was awaiting transportation by such means;
(4)
Engaged in a lawful 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, a school, 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 school, 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 disabilities of minority removed in accordance with law.
(Ordinance adopting Code)
(a)
Before taking any enforcement action against a minor under this division, a police officer shall ask the apparent offender’s age and reason for being in the public place. The police officer shall not issue a citation or detain the minor under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense exists. However, this division does not in any way alter a police officer’s authority to conduct a reasonable detention, conduct a search, issue a citation, make an arrest, or take other appropriate law enforcement action if required with respect to the enforcement of laws other than this division or other law-enforcement duties.
(b)
Upon finding that a minor is in violation of this division, a police officer may:
(c)
When a minor is released to a parent, guardian or other responsible adult, the adult shall be informed of the specific violation, the nature and purpose of the law, and the consequences of future violations.
(Ordinance adopting Code)
(a)
A person who violates a provision of this division is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense is a class C Misdemeanor, and upon conviction, is punishable by a fine not to exceed $500.00.
(b)
In assessing punishment, the city’s municipal court shall consider community service or participation in a teen court program as alternatives to assessing a fine.
(Ordinance adopting Code)