HomeMy WebLinkAbout4828 - 08/14/2006 Document Number: 2007008909
'CITY OF WATERLOO I U Date: Oct 17,2006 4:30:00 pm
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Filed for record in Black Hawk County,Iowa
Z Patricia S.Sass,County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4828
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 5-2A-1, CURFEW, OF ARTICLE
A, OFFENSES INVOLVING MINORS, OF CHAPTER 2,
GENERAL OFFENSES, OF TITLE 5, POLICE
REGULATIONS; AND ENACTING IN LIEU THEREOF OF
A NEW SECTION 5-2A-1, CURFEW, OF ARTICLE A,
OFFENSES INVOLVING MINORS, OF CHAPTER 2,
GENERAL OFFENSES, OF TITLE 5, POLICE
REGULATIONS .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Section 5-2A-1, Curfew, of Article A, Offenses
Involving Minors, of Chapter 2, General Offenses, of Title 5,
Police Regulations, of the 2001 Code of Ordinances of the City
of Waterloo, Iowa, is hereby repealed in its entirety; that a
new Section 5-2A-1 Curfew, of Article A, Offenses Involving
Minors, of Chapter 2, General Offenses, of Title 5, Police
Regulations, is hereby enacted in lieu thereof as follows :
CHAPTER 2, GENERAL OFFENSES
ARTICLE A. OFFENSES INVOLVING MINORS
Sec. 5-2A-1 : Curfew:
A. Definitions : The term "minor" shall mean, in this
section, any unemancipated person below the age of
seventeen (17) years .
B. Hours of Curfew: It shall be unlawful for any minor to
be or remain, or to travel, loiter, wander, stroll or
play, in or upon any of the alleys, streets, public
places, places of business, places of amusement,
buildings, vacant lots or other unsupervised places in
the city between the hours of twelve thirty o' clock
(12 : 30) a .m. on any day and five o' clock (5 : 00) a.m.
of the same day.
C. Exceptions : The restrictions provided herein shall not
apply to any minor who is accompanied by a parent,
guardian or other person charged with the care and
custody of such minor, nor shall the restriction apply
to any minor who is traveling between his home or
place of residence and any approved place of
employment, or where a church, municipal or school
function is being held, or unless said minor is upon
an emergency errand, or where the presence of the
minor in the place or places is connected with and
required by some legitimate business, trade,
profession, or occupation in which the minor is
permitted by law to be engaged or unless the parent,
ij
Ordinance No. 4828
Page 2
guardian or other adult person responsible for or
having the legal care, custody and control of said
minor reports to the police department that said minor
is in violation of subsection B of this section
without permission. Such report shall be made no later
than two (2) hours after the responsible adult, as
defined in subsection D of this section, becomes aware
that the minor is in violation of subsection B of this
section.
D. Responsibility of Adults : It is unlawful for any
parent, guardian or other adult person responsible for
having the legal care, custody and control of any
minor to allow, permit or suffer such minor to violate
the provisions of this section.
E. Responsibility of Business Establishments : It is
unlawful for any person operating a place of business
or amusement to allow, permit or suffer any minor to
be in or upon any place of business or amusement
operated by him within the curfew hours set forth
herein, except as otherwise provided herein. When such
owner, operator or person in charge of such place of
business or amusement finds such minor or minors on or
upon the premises, he shall order such person to
leave, and if such minor refuses, the owner, operator,
or other person in charge of the place of business
shall notify the police department and inform them of
the violation.
F. Responsibility of Police: A police officer, upon
finding a minor in violation of this section, shall
deliver the minor to an authorized juvenile holding
facility until the parent, guardian or other adult
responsible for the legal care, custody or control of
the minor responds to pick up the minor, or until the
end of the curfew period. (Ord. 4292, 4-27-1998)
G. Penalties :
1 . Any minor who violates any of the provisions
contained in this section shall be subject to the
following penalty as a simple misdemeanor. Upon
conviction or a plea of guilt of this section, a
violator shall be assessed as follows : For the
first offense, a fine of not less than one
hundred dollars ($100 . 00) and eight (8) hours of
community service; for the second offense, a fine
of not less than two hundred fifty dollars
($250 . 00) and twelve (12) hours of community
service; for the third and any subsequent
offenses, a fine of not less than two hundred
fifty dollars ($250 . 00) and sixteen (16) hours of
community service, or a fine of five hundred
dollars ($500 . 00) and no community service, to be
determined by the court . The parent or legal
guardian of the minor shall receive notification
of the offense.
Ordinance No. 4828
Page 3
2 . Any parent, guardian, or other adult person
responsible for or having the legal care,
custody, and control of any minor who allows or
permits such minor to violate any of the
provisions of this section shall be guilty of a
simple misdemeanor, and upon conviction thereof,
shall be assessed fines as follows : For the first
offense, a fine of not less than one hundred
dollars ($100 . 00) and eight (8) hours of
community service; for the second offense, a fine
of not less than two hundred fifty dollars
($250 . 00) and twelve (12) hours of community
service; for the third and any subsequent
offenses, a fine of not less than two hundred
fifty dollars ($250 . 00) and sixteen (16) hours of
community service, or a fine of five hundred
dollars ($500 . 00) and no community service, to be
determined by the court . In addition to the
above penalties, any parent, guardian or adult
responsible for a minor' s care, custody and
control who allows or permits such minor to
violate this section shall be charged a fee for
the actual costs incurred by the city in
detaining, transporting, processing, and
supervising the minor prior to the minor' s
release to the custody of the parent, guardian or
other responsible adult . The fee shall not exceed
the actual costs incurred by the city and shall
be established from time to time as determined
necessary by resolution of the city council .
INTRODUCED: August 14 , 2006
PASSED 1st CONSIDERATION: August 14, 2006
PASSED 2nd CONSIDERATION: August 14, 2006
PASSED 3rd CONSIDERATION: August 14 , 2006
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of August, 2006, and approved by
the Mayor on the 16th day of August, 2006.
Tim Hurley, May
ATTEST:
Cajz_j--
Nancy`Ecke CMC
City Clerk
Ordinance No. 4828
Page 4
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4828, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 14th day of August, 2006.
Witness my hand and seal of office this 16th day of August,
2OQ6..
FF'1X ;� vrNancy Ecker CMC
„Y= p �� �4 City Clerk