HomeMy WebLinkAbout3797-07/01/1991ORDINANCE NO. 3797
AN ORDINANCE REPEALING SECTION 27-8, CURFEW, OF
CHAPTER 27, OFFENSES -MISCELLANEOUS, OF THE CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND
ENACTING IN LIEU THEREOF A NEW SECTION 27-8,
CURFEW, OF CHAPTER 27, OFFENSES -MISCELLANEOUS.
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 Code of Ordinances of the
City of Waterloo, Iowa, is hereby repealed in its entirety;
a new Section 27-8, Curfew, of Chapter 27,
Offenses -Miscellaneous, of the Code of Ordinances of the
City of Waterloo, Iowa, is hereby enacted in lieu thereof as
follows:
Sec. 27-8. Curfew.
(a) The term minor shall mean, in this section, any
unemancipated person below the age of sixteen (16) years.
(b) 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 of Waterloo, Iowa, from:
(1) 11:00 p.m. Sunday to 5:00 a.m. Monday;
(2) 11:00 p.m. Monday to 5:00 a.m. Tuesday;
(3) 11:00 p.m. Tuesday to 5:00 a.m. Wednesday;
(4) 11:00 p.m. Wednesday to 5:00 a.m. Thursday;
(5) 11:00 p.m. Thursday to 5:00 a.m. Friday;
(6) 12:30 a.m. Saturday to 5:00 a.m. Saturday;
(7) 12:30 a.m. Sunday to 5:00 a.m. Sunday.
(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, or other responsible person eighteen (18)
years of age or older, 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 unless
such minor has a written consent currently dated, signed by
a parent, guardian, or other adult person responsible for,
or having legal custody of such minor, stating the reason
such minor is in the prohibited place after curfew, and
giving approval thereof, 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).
B0.01( 296 PACE v 3 /
Ordinance No. 3797
Page 2
(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 ordinance.
(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) Penalties.
(1) Any minor who violates any of the provisions
contained in this ordinance shall be dealt with by the
juvenile authorities in accordance with Iowa law as
made and provided for juveniles.
(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
ordinance shall be guilty of a simple misdemeanor, and
upon conviction thereof, shall be punished by a fine
not to exceed one hundred dollars ($100.00) or
imprisonment not to exceed thirty (30) days.
(g) 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.
(h) Any other ordinances or parts of ordinances in
conflict herewith are hereby repealed.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
July 1, 1991
July 1, 1991
July 1, 1991
July 1, 1991
PASSED AND ADOPTED by the City Council this 1st day of
July, 1991, and approved by the Mayor this 3rd day of July,
1991.
ATTEST:
Bernard L. Mc inley, Mayo
rger, Cit ,' erk Auditor
CERTIFICATE
I, Larry P. Burger, City Clerk/Auditor of the City of
BOOK. 2% FACE 10%8
Ordinance No. 3797
Page 3
Waterloo, Iowa, do hereby certify that attached hereto is a
true and complete copy of Ordinance No. 3797, as passed and
adopted by the Council of the City of Waterloo, Iowa, on the
1st day of July, 1991.
Witness my hand and seal of office this 3rd day of
July, 1991.
ar y Y. .urge
Atha
C�
COMPARED
MGM
BOOK ?96 PAGE veli i
erk/Auditor
1149
BLACK HAWK COUNTY. IntiA:SS
Filed for retard July 19 19 91
at 1:30 P g, atel recorded In c
Mi sc Book 296 c
Page 67 ---- Z
a
4 at. ', ei / i N
Wader cAO
Oetuty
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City of Waterloo
Clerk/Auditor
Attn: Michelle Temeyer
STATE OF IOWA,
5S I do solemnly swear that the annexed copy of Legal: City of Waterloo
-
Black hawk County. Ordinance No. 3797
notice was published in the ijj(tertoo (Courier a daily newspaper printed in Waterloo,
amusement to allow, permit, or suf-
fer any minor to be in or upon any
,place of business or amusement
operated by them within the curfew
hours set Perth herein, except as
;otherwise p,ovided herein. When
such owner, operator, or person in
!amusement
of such place of business or
,amusement finds such minor or
minors on or upon the premises,
the/she sfj3Il order such person to
;leave, and if such minor refuses,
,the owner, operator, or other person
yin charge of the place of business
shall notify the Police Department
and inform them of the violation.
.(f) Penu)ties.
(1) Any minor who violates any of
the provisions contained in this ordi-
nance shall be dealt with by the
juvenile authorities in accordance
,with Iowa law as made and provid-,
led for juveniles.
(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 thin
ordinance shall be guilty of a simple
misdemeanor, and upon conviction!
thereof, shall be punished by a fine
not to exceed one hundred dollars
($100.00) or imprisonment not to
exceed thirt (301 dans
Black Hawk County, Iowa oncellt
commencing on the
5th day of July
July 5, 1991
tor e&rscctutiro-
19 91 in the issues of
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
publishing said notice.S'
Priy-r's Bill $ �� `�
/
Signed
Subscribed and sworn to before me this •6 t day of
kit AD, 19
014/14-
Notary Public
Received of
the sum of
in full for publication of the above notice.
Dollars