§ 648.03. MINORS' CURFEW.

(a)

As used in this section:

(1)

"Minor" means any person sixteen years of age or younger.

(2)

"Parent" means the mother, father, stepmother, stepfather or legal guardian of a minor, or such other adult with whom a minor may be legally residing.

(3)

"Residence" means a house, apartment, condominium, mobile home or other dwelling unit of a minor and shall include all of the curtilage of the dwelling unit.

(b)

No person sixteen years of age or younger shall be present in or on any public street, highway, alley, park, mobile home park or other public place within the limits of the City, or remain in any theater, restaurant or other business establishment within the limits of the City, between the hours of 10:30 p.m. and 6:00 a.m. of the following day, subject to the exceptions set forth in subsection (c) hereof.

(c)

A minor shall be exempt from the curfew provided in subsection (b) hereof if:

(1)

The minor is accompanied by a parent or some adult delegated by the parent to accompany the minor for a designated period of time and for a specific purpose.

(2)

The minor is in a motor vehicle with parental consent and is traveling through the City or traveling to a destination within the City. This exception shall not apply to minors sitting in parked vehicles.

(3)

The minor is lawfully employed and is travelling either to work or traveling home from work. This exception shall apply for a period of one-half hour before the scheduled start of the employment and one-half hour after the scheduled completion of the employment.

(4)

The minor is traveling to or from a recognized school, church or community activity. This exception shall apply for a period of one-half hour before the scheduled start of the activity and one-half hour after the scheduled completion of the activity.

(5)

The minor is on an emergency errand or specific business or an activity directed by his or her parent.

(d)

Any minor found in violation of this section shall, for a first offense, be detained and taken to the police offices. The parents of such minor will be notified of the arrest or detention, the reason for the arrest or detention and of the parents' responsibility to ensure that the minor does not violate the curfew laws of the City. A record of the notification to the parents will be kept and the minor will then be released to the parent.

(e)

Any minor found in violation of this section shall, for a second offense, be dealt with in accordance with juvenile court law and procedure. Any parent who permits or, by inefficient control, allows such minor to violate this section, or who fails to accept responsibility for his or her minor child upon notification by the police of a violation of this section, shall be guilty of a misdemeanor and shall be subject to the penalty provided in Section 648.99.

(f)

Enforcement of this section will not preclude contacting the Department of Social Services or Children's Protective Services where such steps are deemed appropriate.

(g)

Any person, including a parent, who shall, by act or by any work, encourage, contribute to, cause or tend to cause any minor to become neglected or delinquent, shall be guilty of a misdemeanor and shall be subject to the penalty provided in Section 648.99.

(h)

This section does not apply to emancipated minors.

(Ord. 220. Passed 10-25-93.)