HomeMy WebLinkAbout4176-07/01/1996 ORDINANCE NO. 4176
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 27-8, CURFEW, OF CHAPTER 27,
OFFENSES--MISCELLANEOUS; AND BY ENACTING IN
LIEU THEREOF A NEW SECTION 27-8, CURFEW.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Section 27-8, Curfew, of Chapter 27, Offenses--Miscellaneous,
of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is
hereby repealed in its entirety; that a new Section 27-8 , Curfew,
of Chapter 27, Offenses--Miscellaneous, of the 1993 Code of
Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu
thereof as follows :
Sec . 27-8 . Curfew: Imposed; persons subject to curfew;
exceptions; responsibilities of parents; penalty
for violation generally.
(a) Definition. The term "minor" shall mean, in this
section, any unemancipated person below the age of eighteen (18)
years .
(b) Hours . 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 businesses, places
of amusement, buildings, vacant lots, or other unsupervised places
in the City of Waterloo as follows .
(1) Minors ages 15 and below, shall be supervised by a
legally responsible adult between 10 : 00 p.m. to 5 : 00 a.m. the
following day, from Sunday night to Friday morning, on days when
the Waterloo schools are in session.
(2) Minors ages 15 and below, shall be supervised by a
legally responsible adult between 11 : 00 p.m. and 5 : 00 a.m. the
following day on Friday and Saturday and those days when the
Waterloo schools are not in session.
(3) Minors ages 16 and 17, shall be supervised by a
legally responsible adult between the hours of 12 : 30 a.m. and 5 : 00
a.m. on all days, whether or not Waterloo schools are in session.
(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 legal care and custody of such minor,
nor shall the restriction apply to any minor who is traveling
between his/her 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, 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) without permission. Such report shall be made no
later than two (2) hours after the responsible adult, as defined in
subsection (d) , becomes aware that the minor is in violation of
subsection (b) .
(d) Responsibility of adults . It is unlawful for any parent,
guardian, or other adult person responsible for or having the legal
care, custody, and control of any minor to allow, permit, or suffer
such minor to violate the provisions of this section.
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Bo 322 WE 403
Ordinance No. 4176
Page 2
(e) Responsibility of business establishments . It is
unlawful for any person, firm, or corporation 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 them
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/she 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 ordinance, 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.
(g) Penalties .
(1) Any minor who violates any of the provisions
contained in this section shall be guilty of a simple misdemeanor,
and upon conviction thereof, shall be subject to the following
penalty.
i . Upon a first violation of this section, a fine
in the amount of One Hundred Dollars ($100 . 00) , and the
parent or guardian of the minor shall receive
notification of the offense, including the penalty for
repeated offense;
ii . Upon any subsequent violation of this section,
a fine in the amount of Two Hundred Dollars ($200 . 00) , or
shall serve community service hours .
(2) Any parent, guardian, or other adult person responsible
for or having the legal care, custody, and control of any minor who
allows, permits, or suffers such minor to violate any of the
provisions of this section shall be guilty of a municipal
infraction, and upon conviction thereof, shall be punished by a
fine not to exceed One Hundred Dollars ($100 . 00) for the first
offense and Two Hundred Dollars ($200 . 00) for each subsequent
offense, as well as any other remedies available in sections 1-15
and 1-16 .
(h) Invalidity. If any portion of this ordinance should be
declared invalid for any reason whatsoever, such invalidity shall
not affect the remaining portion of this ordinance, which shall
remain in full force and effect and to this end, the provisions of
this ordinance are hereby declared severable .
(i) Conflicting ordinances . Any other ordinances or parts of
ordinances in conflict herewith are hereby repealed.
INTRODUCED: July 1, 1996
PASSED 1ST CONSIDERATION: July 1, 1996
PASSED 2ND CONSIDERATION: July 1, 1996
PASSED 3RD CONSIDERATION: July 1, 1996
PASSED AND ADOPTED by the City Council, of the City of
Waterloo, Iowa, on the 1st day of July, 1996 , and approved by the
Mayor on the 3rd day of July, 1996 .
-�
John ' . Ro. f, Mayor
dir
B o 322 Fw E 404
Ordinance No. 4176
Page 3
ATTEST:
Susan Fangman, City.01erk
CERTIFICATE
I, Susan Fangman, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4176, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 1st day of July, 1996 .
Witness my hand and seal of office this 3rd day of July, 1996 .
Susan Fangman, Ci Clerk
SIAL
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Clerk Auditor BOOK 322 PAGE 405