Code of Ordinances Amendment - Title 7 - Parental Responsibility Copyrighted
January 21, 2020
City of Dubuque Action Items # 2.
ITEM TITLE: Code of Ordinances Amendment Title 7 - Parental
Responsibility
SUMMARY: City Manager recommending amendments to the Cityof
Dubuque Code of Ordinances Section 7-5D-4 Parental
Responsibility Ordinance that modifies some penalties to
adjust to changes in the parenting class available to
defendants and to reflect actual enforcement practices.
Staff will make a brief presentation.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 7 Police, Fire and Public Safety, Chapter
5 Offenses,Article D Parental Responsibility, Section 7-
5D-4 Penalties
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Parental Responsibility Ordinance-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordi nance Ordi nance
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Parental Responsibility Ordinance
DATE: January 15, 2020
Currently City Code Section 7-5D-4 details penalties for violations of the City's parental
responsibility ordinance. The newly proposed amendment modifies some of these
penalties to adjust to changes in the parenting class available to defendants and to
reflect actual enforcement practices.
Created in 2011, the PRO requires adults to exercise reasonable control and care over
minor children in their care and custody. When Police have had several contacts with
minor children committing unlawful acts and deem that the adult caretakers are not
reasonably attempting to care for and control children, Police issue warning letters and
then municipal infractions (Mls) to the adult caretakers. The PRO does not require
perfect parenting. Instead, it requires reasonable attempts at making minor children
behave lawfully and reasonable amounts of supervision over such minor children.
Assistant City Attorney Crenna Brumwell recommends amendments to the City of
Dubuque Code of Ordinances Section 7-5D-4 Parental Responsibility Ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Maureen Quann, Assistant City Attorney
Mark Dalsing, Police Chief
Dubuque
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MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael Van Milligen
City Manager
DATE: January 10, 2020
RE: Parental Responsibility Ordinance
Introduction
This memorandum proposes amendments to City of Dubuque Code of Ordinances (City
Code) Section 7-5D-4 for your review and City Council consideration.
Currently City Code Section 7-5D-4 details penalties for violations of the City's parental
responsibility ordinance (PRO). The newly proposed amendment modifies some of these
penalties to adjust to changes in the parenting class available to defendants and to reflect
actual enforcement practices.
Background
Created in 2011, the PRO requires adults to exercise reasonable control and care over
minor children in their care and custody. When Police have had several contacts with
minor children committing unlawful acts and deem that the adult caretakers are not
reasonably attempting to care for and control children, Police issue warning letters and
then municipal infractions (Mls) to the adult caretakers. The PRO does not require perFect
parenting. Instead, it requires reasonable attempts at making minor children behave
lawfully and reasonable amounts of supervision over such minor children.
At its onset, people violating the PRO had several options:
• For a first offense, violators received a letter from the Police Department describing
the nature of the violation and information about the consequences of future
violations.
• For a second offense, violators received an MI that carried a two hundred fifty
dollar ($250) fine. In lieu of the fine, a violator could complete a parenting class
offered by Northeast lowa Community College (NICC) or submit a parenting plan
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)589-4381 /F,vc (563)583-1040/EnnA�� mquann@cityofdubuque.org
to the Chief of Police detailing steps that would be taken to prevent further unlawful
acts by the minor child or children in question.
. For a third offense, violators received an MI that carried a five hundred dollar
($500) fine. In lieu of the fine, the violator could take the parenting class offered
by NICC (if not previously taken for a prior offense).
. For fourth and subsequent offenses, violators received an MI with a one thousand
dollar ($1000) fine.
Discussion
Recently, NICC informed the City that it could no longer provide the parenting class. The
Police Department and City Attorney's Office researched new class providers. The
Visiting Nurses Association (VNA) provides a comprehensive parenting class that
meshes well with the PRO.
The VNA class addresses the goals and outcomes hoped for in the parenting plan
suggested under the PRO as it exists currently. Consequently, the VNA class negates
the need for a separate parenting plan option and provides more positive guidance,
suggestions, and resources for parents and guardians receiving PRO violations. The
proposed amendments remove the parenting plan as an option since the new, more
thorough VNA class essentially is a parenting plan.
The PRO currently states that an MI will be issued if a violator fails to complete the
parenting class. This does not accurately reflect enforcement. In reality, a MI is already
issued, and the parenting class is offered as an alternative to the fine. If a person fails to
complete the class, the City motions the court to impose the monetary fine. The proposed
amendments remove language stating that an MI will be issued if a person does not
complete the class.
Consequently, the new proposed amendments state:
7-5D-4: PENALTIES:
A. For a first violation of section 7-5D-3 of this article, the city will issue the parent a
warning letter that the parent is in violation of section 7-5D-3 of this article with a
description of the nature of the parenYs violation and a statement setting forth the fines
and/or consequences of future violations.
B. A second violation of section 7-5D-3 of this article is a municipal infraction forwhich
the fine is two hundred fifty dollars ($250.00). In lieu of a fine, and subject to the approval
of the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of the
violation, a recognized course of instruction on parenting skills and/or techniques.
C. A third violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is five hundred dollars ($500.00). In lieu of a fine, and subject to the approval of
2
the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of the
violation, a recognized course of instruction on parenting skills and/ortechniques but only
if the parent has not previously attended such course under subsection B of this section.
D. A fourth and any subsequent violation of section 7-5D-3 of this article is a municipal
infraction for which the fine is one thousand dollars ($1 ,000.00) for each such violation.
In addition, the chief of police will refer the violation to the county attorney for review of
whether the issuance of a criminal charge under lowa Code section 709A.1 and/or
whether a proceeding under lowa Code chapter 232, child or family in need of assistance,
is appropriate.
The proposed amendments are attached for your review.
Recommendation
I recommend that the proposed amendments to City Code Section 7-5D-4 are forwarded
to the City Council for review, consideration, and approval.
MAQ:jmm
Attachment
cc: Mark Dalsing, Chief of Police
3
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 2-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE D PARENTAL
RESPONSIBILITY, SECTION 7-5D-4 PENALTIES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5D-4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
7-5D-4: PENALTIES:
A. For a first violation of "section 7-5D-3 of this article, the city will issue the parent a
warning letter that the parent is in violation of section 7-5D-3 of this article with a
description of the nature of the parent's violation and a statement setting forth the fines
and/or consequences of future violations.
B. A second violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is two hundred fifty dollars ($250.00). In lieu of a fine, and subject to the approval
of the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of the
violation, a recognized course of instruction on parenting skills and/or techniques.
C. A third violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is five hundred dollars ($500.00). In lieu of a fine, and subject to the approval of
the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of the
violation, a recognized course of instruction on parenting skills and/or techniques but only
if the parent has not previously attended such course under subsection B of this section.
D. A fourth and any subsequent violation of section 7-5D-3 of this article is a municipal
infraction for which the fine is one thousand dollars ($1,000.00) for each such violation.
In addition, the chief of police will refer the violation to the county attorney for review of
whether the issuance of a criminal charge under Iowa Code section 709A.1 and/or
whether a proceeding under Iowa Code chapter 232, child or family in need of assistance,
is appropriate.
Pg. 2 Ordinance 2-20
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 21st day of January
Attest:
Kevi S. Firnstahl, City Clerk
Ric W. J
, Mayor Pro Tem
EFFECT OF AMENDMENT
7-5D-4: PENALTIES:
A. For a first violation of section 7-5D-3 of this article, the city will issue the parent a
warning letter that the parent is in violation of section 7-5D-3 of this article with a
description of the nature of the parenYs violation and a statement setting forth the fines
and/or consequences of future violations.
B. A second violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is two hundred fifty dollars ($250.00). In lieu of a fine, and subject to the approval
of the chief of police, the parent may elect=
; . -�to attend, successfully complete, and provide proof of completion within
one hundred eighty (180) days of the date of the notice of the violation, a
recognized course of instruction on parenting skills and/or techniques. T"��
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C. A third violation of section 7-5D-3 of this article is a municipal infraction for which
the fine is five hundred dollars ($500.00). In lieu of a fine, and subject to the approval of
the chief of police, the parent may elect to attend, successfully complete, and provide
proof of completion within one hundred eighty (180) days of the date of the notice of the
violation, a recognized course of instruction on parenting skills and/or techniques but only
if the parent has not previously attended such course under subsection B�of this section.
D. A fourth and any subsequent violation of section 7-5D-3 ofthis article is a municipal
infraction for which the fine is one thousand dollars ($1 ,000.00) for each such violation.
In addition, the chief of police will refer the violation to the county attorney for review of
whether the issuance of a criminal charge under lowa Code section 709A.1 and/or
whether a proceeding under lowa Code chapter 232, child or family in need of assistance,
is appropriate.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
January 24, 2020,
and for which the charge is $28.19
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 3 ( day of ,�. �n �, , 20Q0.
Notary Public d for Dubuque Co` nuty, Iowa.
JAN ET K. PAPE
Commission Number 1990.69
My Comm. Exp, DEC 11, 2022
OFFICIAL
PUBLICATION
ORDINANCE NO. 2-20
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 7
POLICE, FIRE AND
PUBLIC SAFETY,
CHAPTER 5 OFFENS-
ES, ARTICLE D
PARENTAL 'RESPON-
SIBILITY, SECTION 7-
5D-4 PENALTIES
NOW, THEREFORE,
THE CITY COUNCIL ously attended such
OF THE CITY OF course under subset-
DUBUQUE, IOWA:. tion B;of this section.
Section 1. Section 7- D. A;,fourth and any
5D-4 of the City of subsequent violation of
Dubuque Code of Ordi- section 7-5D-3 of this
nances is amended to article is a municipal
read as follows: infraction for which the
7-5D-4: PENALTIES: fine is one .thousand
A, For a first violation dollars ($1,000.00) for
of section 7-5D-3 of this each such violation: In
article, the city will is- addition, the chief of
sue the parent a warn- police will refer the vio-
ing letter that the lation to the county at
parent is in :violation of torney , for review of
section 7-5D-3 of thiswhether the issuance
article with a descrip- 'of a criminal charge
tion of the nature of under Iowa Code sec
the parent's violation tion 709A.1 ` and/or
and a statement set- whether a proceeding
ting .forth, the fines under Iowa Code chap -
and/or :consequences ter 232, child or family
of future violations.: in need of assistance,
B. A second violation is appropriate.:
of section 7-5D-3 of this Section 2. This Ordi-
article - IS .a ;municipal nance takes effect orr
infraction for which the publication,
fine is .two hundred Passed, approved, and
fifty dollars ($250.00). adopted the 21st day of,
In lieu" of a fine, and January 2020.
subject to the approval " /s/Ric W. Jones, Mayor
of the chief of police, Pro Tem
the parent may elect to Attest: /s/Kevin S.
attend, successfully Firnstahl, City Clerk
complete, and provide,
proof of completion
within one hundred
eighty (180) days ; of
the date of the notice
of the violation, a rec-
ognized course of in-
struction on parenting
snkillsiques 'and/or tech-
-
C. A thirdviolation of
section 7-5D 3 of this
article is a municipal
infraction for which the.
fine is five''hundred dol-
lars
($500.00). in lieu of
a fine, and subject -to -
the approval of the
chief of police, the par-
ent
may elect to at-
tend, successfully
complete, and provide
proof of completion
within one hundred
eighty
thedate (180)of.the daysnoticofe
of the violation, a rec-
ognized course of in
struction ,onparenting,
skills and/or tech-
"niques but only if the
parent has not previ-
BE IT ORDAINED' BY r
Published officially •in
the Telegraph . Herald
newspaper on the 24th'
day; of January 2020.
• is/Kevin S. Firnstahl,'
City Clerk`
lt'1/24