Safe Community Task Force_Juvenile Curfew Recommendation !st ReadingMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Safe Community Task Force: Juvenile Curfew Recommendation
DATE: March 2, 2011
Dubuque
All- America City
11111 I
2007
In July 2010, the Safe Community Task Force recommended the development and
adoption of a juvenile curfew in the City of Dubuque that said in part, "Develop and
implement a juvenile curfew ordinance to use as a tool to help reduce crime. Research
utility efficacy and enforcement issues..." In their February 2011 recommendations to
the City Council, they modified the recommendation to say, "Modify the
recommendation for a juvenile curfew ordinance and focus instead on creating a
parental responsibility ordinance that is modeled after successful programs that
includes engaging parents and teens in prevention efforts." A significant amount of
research was done on curfews and related ordinances. A number of considerations
were reviewed and included times, dates, ages, local and national crime statistics,
curfew regulations around Iowa and beyond, case law, enforcement, transportation,
processing and cost. This information is outlined in depth in the staff memo.
Based on the type of crimes being committed by juveniles, the times and days on which
juvenile crime is being committed, transportation, staffing, the estimated costs, the
Northern Illinois University (NIU) study report, and the constitutional issues surrounding
curfew ordinances, it is the recommendation of Chief of Police Mark Dalsing, City
Attorney Barry Lindahl and Assistant City Attorney Crenna Brumwell that a Parental
Responsibility Ordinance (PRO) be adopted, as opposed to a curfew ordinance. In
reviewing the juvenile crimes committed in Dubuque during 2007, 2008, and 2009, only
a small percentage of crime would be impacted by the passage of a curfew ordinance.
NIU suggests a more tailored approach to address community and neighborhood
issues. The more tailored tool for addressing juvenile crime in Dubuque is passage of a
parental responsibility ordinance.
A PRO allows the enforcing authority, in this case the City of Dubuque, to address the
problem behavior of juveniles without the time limitations imposed by a curfew
ordinance.
A PRO makes a parent, defined as a father, mother, legal guardian or any other person
having or who has assumed the care, control or custody by birth, by court order, on a
voluntary basis, responsible for the behavior of any juveniles in their care. The parent
must exercise reasonable control of the juvenile. A violation is defined as, "A failure by
a parent to exercise reasonable control over the parent's minor which causes the minor
to commit an unlawful act."
If a parent fails to exercise reasonable control, the following steps would occur:
1 violation:
2nd violation:
3 violation:
4 & subsequent violations:
The parent receives a warning letter that the parent is
in violation of the ordinance with a description of the
parent's violation and a statement setting forth the
fines and /or consequences of future violations.
Issuance of a municipal infraction for which the fine is
$250.00. In lieu of a fine, and subject to the approval
of the Chief of Police, the parent may elect:
(1) To attend, successfully complete, and provide
proof of completion within 180 days of the date of
the notice of the violation, a recognized course of
instruction on parenting skills and /or techniques.
(2) To submit in writing within 30 days of the notice of
violation for review and approval to the Chief of
Police a plan for action steps that will be taken to
prevent further unlawful acts by the minor.
Issuance of a municipal infraction for which the fine is
$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 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.
Issuance of a municipal infraction for which the fine is
$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 § 709A.1 and /or
whether a proceeding under Iowa Code Ch. 232,
Child or Family in Need of Assistance, is appropriate.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Safe Community Committee
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Dalsing, Chief of Police
Crenna Brumwell, Assistant City Attorney
1-�
MichaelC. Van Milligen
Masterpiece on the Mississippi
To:
Michael C. Van Milligen, City Manager
FROM: Mark Dalsing, Chief of Police
Barry A. Lindahl, City Attorney
Crenna Brumwell, Assistant City Attorney
DATE: February 21, 2011
MEMORANDUM
RE: Safe Community Task Force: Juvenile Curfew Recommendation
Background
The Safe Community Task Force recommended the development and adoption of a
juvenile curfew in the City of Dubuque. A significant amount of research was done on
curfews and related ordinances. A number of considerations were reviewed and
included times, dates, ages, local and national crime statistics, curfew regulations
around Iowa and beyond, case law, enforcement, transportation, processing, and cost.
All of these areas will be specifically outlined prior to making a recommendation.
Time /Date /Age Options:
In reviewing juvenile curfew options the information gathered included many different
options. First, the times are greatly varied. Second, some curfews are the same every
day others differentiate between weekday nights (Sunday through Thursday) and
weekend nights (Friday and Saturday). Finally, other regulations impose staggered
curfews based on age, i.e. a 14 year old has an earlier curfew than a 17 year old.
Curfews in Iowa Communities
Attached are a number of charts which outline the curfew ordinances from other Iowa
communities.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Sunday to Saturday*
9 pm
930 pm
10 pm
1030 pm
11 pm
Midnight
1230 am
1 am
Fort
Dodge
Muscatine
Iowa
Falls
North
Liberty
Asbury
Atlantic
Fort
Dodge
Spencer
Council Bluffs
Sioux
City
Davenport
Cedar
Rapids
Council
Bluffs
Waterloo
No
Dubuque
Fort
Dodge
No
Hiawatha
Knoxville
West
Burlington
Sioux City
Yes
Iowa
City
Iowa City
Sioux
City
Marion
Spencer
New
Vienna
Iowa
City
Ottumwa
Iowa
Falls
Sioux City
North
Liberty
Muscatine
West
Burlington
*Some cities appear multiple times as the curfew is staggered by age
Curfew Law Status in Iowa's Largest Cities
CITY
CURFEW (YES OR NO)
Ames
No
Bettendorf
Yes
Cedar Falls
Yes
Cedar Rapids
Yes
Council Bluffs
Yes
Davenport
Yes
Des Moines
No
Dubuque
No
Iowa City
Yes
Sioux City
Yes
West Des Moines
No
Friday and Saturday*
11 pm
1130 pm
Midnight
1230 am
1 am
Cascade
Clermont
Altoona
Algona
Coralville
Cedar Falls
Clermont
Belle Plaine
Creston
Decorah
Centerville
Bettendorf
Forest City
Forest City
Forest City
Centerville
Sheldon
Manchester
Clinton County
Scott County
Mount Pleasant
Coralville
Tipton
Davenport
Decorah
DeWitt
Elkader
Garner
Keokuk
Manchester
Mount Pleasant
Newton
Scott County
Sheldon
*Some cities appear
multiple times as the curfew is staggered by age or school status
Tipton
*Some cities appear multiple times as the curfew is staggered by age or school status
Sunday to Thursday*
10 pm
1030 pm
11 pm
Midnight
1230 am
Cascade
Algona
Altoona
Atlantic
Burlington
Cedar Falls
Clermont
Belle Plain
Coralville
Centerville
Bettendorf
Forest City
Coralville
Burlington
Sheldon
Manchester
Clinton County
Scott County
Mount Pleasant
Centerville
Tipton
Creston
Coralville
Davenport
Decorah
DeWitt
Elkader
Garner
Keokuk
Manchester
Mount Pleasant
Newton
*Some cities appear
multiple times as the curfew is staggered by age or school status
Curfew Law Differences by Age*
12 &
13 &
14 &
15 & Under
Under 16
Under 17
Under 18
15 -17
14 -17
14 & 15
Under
Under
Under
Fort
Dodge
Iowa
City
Coralville
Cedar
Falls
Asbury
Burlington
Algona
Coralville
Iowa
Falls
Iowa City
Iowa
Falls
Centerville
Cedar
Rapids
Cascade
Altoona
Muscatine
Sioux City
Keokuk
Mount
Pleasant
Creston
New
Vienna
Atlantic
Sioux
City
Muscatine
Forest City
Waterloo
Belle Plaine
Hiawatha
Bettendorf
Manchester
Clermont
Marion
Clinton
County
North
Liberty
Council Bluffs
Ottumwa
Davenport
Spencer
DeWitt
Elkader
Fort Dodge
Garner
Knoxville
Newton
Scott County
Sheldon
Tipton
West
Burlington
*A few cities also make a further distinction based on school status (grade, not in school, summer vacation)
Creston, Decorah, Keokuk, Sheldon, West Burlington
As you can see there are multiple variations of juvenile curfew laws across Iowa with
varying days, times, and ages.
Curfew in Communities /States Outside of Iowa
Below is information on curfew laws in jurisdictions outside of Iowa.
1. Stillwater, MN
11 and under
Sunday through Thursday: 9 p.m. to 5 a.m.
Friday and Saturday: 10 p.m. to 5 a.m.
12 through 14
Sunday through Thursday: 10 p.m. to 5 p.m.
Friday and Saturday: 11 p.m. to 5 a.m.
15 through 16
Sunday through Thursday: 11 p.m. to 5 a.m.
Friday and Saturday: Midnight to 5 a.m.
17 and above
No curfew
2. Chaska, MN
Under 16: 10 p.m. to 5 a.m.
Exceptions:
• Accompanied by parent, guardian, employer, or some other person
of legal age having charge of the minor's lawful care, custody and
control
• Returning home by direct route from and within 30 minutes after a
school activity, a activity of religious or supervised voluntary
association (scouts, 4 -H, community leagues, other community
events to include: dances, community celebrations, and carnivals)
• Is in a place or returning home from such place connected with and
required by some legitimate business, trade, profession, or
occupation in which the minor is permitted by law to be engaged
16 and 17: Midnight and 5 a.m.
Exceptions:
• Accompanied by parent, guardian, employer, or some other person
of legal age having charge of the minor's lawful care, custody and
control
• Returning home by direct route from and within 30 minutes after a
school activity, a activity of religious or supervised voluntary
association (scouts, 4 -H, community leagues, other community
events to include: dances, community celebrations, and carnivals)
• Is in a place or returning home from such place connected with and
required by some legitimate business, trade, profession, or
occupation in which the minor is permitted by law to be engaged
3. State of Indiana
15 through 17
Saturday and Sunday between 1 a.m. and 5 a.m.
Monday through Friday between 11 p.m. and 5 a.m.
Defenses:
• Accompanied by parent, guardian, or custodian
• Accompanied by an adult specified by the child's parent, guardian,
or custodian
• Participating in, going to, or returning from:
o Lawful employment
o A school sanctioned activity
o A religious event
o An emergency involving the protection of a person or
property from an imminent threat of serious bodily injury or
substantial damage
o An activity involving the exercise of the child's rights
protected under the First Amendment of the United States
Constitution or Article 1, Section 31 of the Constitution of the
State of Indiana, or both, such as freedom of speech and the
right to assembly
o An activity conducted by a nonprofit or governmental entity
that provides recreation, education, training, or other care
under the supervision of one or more adults
• Participating in an activity undertaken at the prior written direction
of the child's parent, guardian, or custodian
• Engaged in interstate or international travel from a location outside
of Indiana to another location outside of Indiana
National Juvenile Crime Statistics
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) tracks national
statistics related to juvenile crime. The statistics break down juvenile crime with the
following questions:
Q. When are juveniles most likely to commit violent crime?
Violent crimes by juveniles occur most often immediately after school ends for
the day.
Q. When are juveniles most likely to commit violent crime which involves the use
of a firearm?
Overall, between 8 p.m. and 10 p.m.
Q. When are juveniles most likely to commit violent crime which results in injury?
Juveniles injure more victims around the end of the school day.
Q. Does the time of day pattern for juvenile violent offending on schools days
and nonschool days vary by the type of offense?
The patterns vary for robbery, aggravated assault, and sexual assault by
juveniles.
Dubuque Juvenile Crime Statistics:
Attached you will find juvenile crime statistics within the City of Dubuque for 2007, 2008,
and 2009. The juvenile crime information is broken down to review the top six juvenile
crimes each year, the ranking of the months from highest to lowest for juvenile crime,
and a ranking of the days of the week from highest to lowest for juvenile crime.
2007
The top six (6) juvenile crimes in Dubuque from January 1, 2007 through December 31,
2007 were:
1) Disorderly Conduct
2) Assault- Simple
3) Possession of Alcohol Under the Legal Age (PAULA)
4) Interference with Official Acts
5) Assault - Bodily Injury
6) Theft 5 Shoplifting ($200 or less)
Disorderly Conduct: Total: 206
165 (80 %) of disorderly conduct events occurred between 7 a.m. and 3 p.m.
195 (95 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault - Simple Total: 123
90 (73 %) of simple assaults occurred between 7 a.m. and 3 p.m.
123 (100 %) of simple assaults occurred between 7 a.m. and 10 p.m.
PAULA: Total: 117
82 (70 %) occurred between the hours of 10 p.m. and 5 a.m.
42 (36 %) occurred between the hours of 7 a.m. and 10 p.m.
Interference with Official Acts: Total: 80
27 (34 %) occurred between the hours of 7 a.m. and 3 p.m.
60 (75 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault — Bodily Injury Total: 77
28 (367 %) of assaults causing bodily injury occurred between 7 a.m. and 3 p.m.
71 (92 %) of assaults causing bodily injury occurred between 7 a.m. and 10 p.m.
Theft, 5 Degree -- Shoplifting: Total: 72
(Less than $200)
36 (50 %) of criminal mischief, 5 Degree occurred between 7 a.m. and 3 p.m.
71 (99 %) occurred between the hours of 7 a.m. and 10 p.m.
2007 Juvenile Crime bv Month
The months of the year ranks as follows for juvenile crime with 1 being highest
and 12 being lowest:
1) November
2) April
3) October
4) March
5) July
6) May
7) September
8) January
9) June
10)August
11) December
12)February
2007 Juvenile Crime bv Day of the Week
The days of the week rank as follows for juvenile crime with 1 being highest and
7 being lowest:
1) Friday
2) Monday
3) Tuesday
4) Thursday
5) Sunday
6) Wednesday
7) Saturday
2008
The top six (6) juvenile crimes in Dubuque from January 1, 2008 through December 31,
2008 were:
1) Disorderly Conduct
2) Possession of Alcohol Under the Legal Age (PAULA)
3) Assault - Simple
4) Interference with Official Acts
5) Theft, 5 Degree — Shoplifting ($200 or less)
6) Assault - Bodily Injury
Disorderly Conduct: Total: 173
99 (57 %) of disorderly conduct events occurred between 7 a.m. and 3 p.m.
167 (97 %) occurred between the hours of 7 a.m. and 10 p.m.
PAULA: Total: 105
47 (45 %) occurred between the hours of 10 p.m. and 5 a.m.
58 (55 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault - Simple Total: 100
63 (63 %) of simple assaults occurred between 7 a.m. and 3 p.m.
93 (93 %) of simple assaults occurred between 7 a.m. and 10 p.m.
Interference with Official Acts: Total: 69
13 (19 %) occurred between the hours of 7 a.m. and 3 p.m.
47 (68 %) occurred between the hours of 7 a.m. and 10 p.m.
Theft -5 Degree — Shoplifting ($200 or less): Total: 67
22 (33 %) of criminal mischief, 5 Degree occurred between 7 a.m. and 3 p.m.
65 (97 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault — Bodily Iniury Total: 63
32 (51%) of assaults causing bodily injury occurred between 7 a.m. and 3 p.m.
61 (97 %) of assaults causing bodily injury occurred between 7 a.m. and 10 p.m.
2008 Juvenile Crime by Month
The months of the year ranks as follows for juvenile crime with 1 being highest
and 12 being lowest:
1) May
2) March
3) October
4) April
5) September
6) January
7) June
8) July
9) November
10)August
11) February
12) December
2008 Juvenile Crime by Day of the Week
The days of the week rank as follows for juvenile crime with 1 being highest and
7 being lowest:
1) Tuesday
2) Friday
3) Saturday
4) Thursday
5) Wednesday
6) Monday
7) Sunday
2009
The top six (6) juvenile crimes in Dubuque from January 1, 2009 through December 31,
2009 were:
1) Disorderly Conduct
2) Assault- Simple
3) Interference with Official Acts
4) Assault - Bodily Injury
5) Possession of Alcohol Under the Legal Age (PAULA)
6) Criminal Mischief, 5 Degree ($200 or less)
Disorderly Conduct: Total: 235
196 (83 %) of disorderly conduct events occurred between 7 a.m. and 3 p.m.
231 (98 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault - Simple Total: 90
74 (81%) of simple assaults occurred between 7 a.m. and 3 p.m.
87 (97 %) of simple assaults occurred between 7 a.m. and 10 p.m.
Interference with Official Acts: Total: 78
22 (28 %) occurred between the hours of 7 a.m. and 3 p.m.
54 (69 %) occurred between the hours of 7 a.m. and 10 p.m.
Assault — Bodily Injury Total: 75
43 (57 %) of assaults causing bodily injury occurred between 7 a.m. and 3 p.m.
72 (96 %) of assaults causing bodily injury occurred between 7 a.m. and 10 p.m.
PAULA: Total: 74
32 (43 %) occurred between the hours of 10 p.m. and 5 a.m.
40 (54 %) occurred between the hours of 7 a.m. and 10 p.m.
Criminal Mischief, 5 Degree ($200 or less damage): Total: 59
(Damage, defacing, alteration, or destruction of property when done intentionally
without the right to do so)
32 (53 %) of criminal mischief, 5 Degree occurred between 7 a.m. and 3 p.m.
44 (75 %) occurred between the hours of 7 a.m. and 10 p.m.
2009 Juvenile Crime by Month
The months of the year ranks as follows for juvenile crime with 1 being highest
and 12 being lowest:
1) March
2) May
3) April
4) November
5) July
6) December
7) September
8) February
9) October
10)June
11) August
12)January
2009 Juvenile Crime by Day of the Week
The days of the week rank as follows for juvenile crime with 1 being highest and
7 being lowest:
1) Friday
2) Thursday
3) Monday
4) Wednesday
5) Saturday
6) Tuesday
7) Sunday
As you can see for the surveyed years the bulk of juvenile crime happens during the
hours which would not be covered by a curfew ordinance.
Costs Associated with Curfews:
An additional consideration when evaluating a curfew ordinance is cost. The
implementation of a juvenile curfew would have an impact on the Police Department
budget and services. If a curfew ordinance is passed and a juvenile is located and
found to be in violation of the curfew, they would be taken into formal police custody.
Attempts would be made to immediately locate a parent or responsible adult to take
custody and control of the juvenile. The department could do some limited transports to
nearby residences but most times the juvenile would need to be transported to the
Dubuque Law Enforcement Center (DLEC) for processing and temporary detention
pending release to a parent or responsible adult.
By Iowa Code, a juvenile taken into custody must be released to a parent or responsible
adult. This statute would prevent the City from issuing a citation and releasing a
juvenile regardless of their age. The department currently routinely takes juveniles into
custody on a variety of other charges. Often it is difficult to locate a parent or guardian
or get a timely response to the DLEC by the parent. While the juvenile is in police
custody, the officer(s) remains out of service and unable to respond to calls for service
or otherwise provide patrol coverage.
If the department maintains responsibility for transporting and temporary detention of
juveniles pending release to a parent or responsible adult for a curfew violation, it will
limit availability of officers and potentially cause delays in officer response to calls for
service.
Implementation of a curfew could cause excessive delays in police service or limitations
on officer availability to the point that the City would need to consider using other
service providers in some of the tasks associated with curfew enforcement including
transportation, arrest processing, and temporary detention pending release to a parent
or responsible adult. The Police Department has had contact with several local
agencies involved in juvenile programs in attempts to gauge interest in partnering with
the City. Some agencies have expressed interest in taking part in curfew enforcement
but only as a reimbursed partner, either by the City or State. At a minimum any outside
contractor will need to have:
2 staff members available, 1 male and 1 female
Separate facilities for males and females
Ideally, a location close to downtown and the Police Department
Insurance sufficient to meet the City requirements
On -call availability
Transportation if established as part of any agreement
Routine training
Based on a curfew implementation from 10 p.m. to 5 a.m. from Sunday through
Thursday and 11 p.m. to 5 a.m. on Friday and Saturday that would amount to 94 hours
a week for two people. At an estimated $10 /hour that amounts to a $940 contract price
to simply cover staffing with no consideration of facilities and transportation. If it was
established as an "on call" system, the weekly price would be reduced when the
services aren't needed but there would still be fees related to maintaining "on call"
personnel.
The costs associated with a curfew ordinance could be quite extensive for an ordinance
which may, or may not address juvenile crime in the community.
Case Law on Curfews
In addition to the complications of arranging for notifications, staffing, and transportation
curfew ordinances have been challenged across the country on many different levels.
Some challenges focus on a right to movement but the majority focus on a juvenile's
first amendment rights.
Planned Parenthood of Cent. Mo. V. Danforth, 428 U.S. 52 (1976).
Constitutional rights do not mature and come into being magically only when one attains
the state - defined age of majority.
State of Idaho v. John Doe, 231 P.3d 1016 (Idaho 2010)
A government practice or statute which restricts fundamental rights is to be subjected to
strict scrutiny and can be justified only if it furthers a compelling government purpose
and, even then, only if no less restrictive alternative is available.
City of Maquoketa v. Russell, 484 N.W. 2d 179 (Iowa 1992)
City curfew ordinance, making it unlawful for any person under the age of 18 to be upon
any streets, sidewalks, or public places between hours of 11:00 p.m. and 6 a.m. unless
accompanied by parent, guardian, or other adult person having care and custody of
minor at direction of parent or guardian, except if minor is traveling a direct route
between home and "parentally approved supervised activity," is unconstitutionally
overbroad; ordinance is not narrowly drawn to provide exceptions for emancipated
minors and fundamental rights under First Amendment, including the freedoms of
religion, speech, assembly, and association.
The fundamental rights allegedly implicated by the ordinance here are freedom of
religion, speech, assembly, and association. All, but association are expressly
mentioned in the First amendment. All are within the term "liberty" as protected by the
due process clause of the Fourteenth Amendment against infringement by the states.
Commonwealth v. Weston, 913 N.E.2d 832 (Massachusetts 2009)
In applying the strict scrutiny test to infringement of minors' constitutional rights, courts
recognize that the government has a countervailing compelling interest in protecting
children from actual or potential harm, an interest that often justifies restrictions that
could not be sustained when applied to the fundamental rights of adults; in other words,
the analysis should consider whether the state's interests may be more compelling but
not whether the rights involved are less fundamental.
The fact that the Lowell curfew establishes identical curfew hours for weekdays and
weekends is somewhat problematic but is not, at least on the present record, fatal to its
constitutionality.
Anonymous v. City of Rochester, 915 N.E. 2d 593 (New York 2009)
Inherent differences between children and adults, specifically children's immaturity,
vulnerability, and need for parental guidance, justify treating children differently from
adults under federal Constitution; thus, although children generally are protected by
same constitutional guarantees as are adults, state is entitled to adjust its legal system
to account for children's vulnerability by exercising broader authority over their activities.
Analysis
Constitutional rights are scrutinized based on three (3) tiers of scrutiny which are strict
scrutiny, intermediate scrutiny, and rational basis scrutiny. Strict scrutiny applies to
suspect classifications and classifications which burden fundamental rights.
Intermediate scrutiny applies to quasi- suspect classifications, and rational basis scrutiny
applies to all other classifications not covered by strict scrutiny and intermediate
scrutiny.
First amendment rights are classified as fundamental rights, so strict scrutiny requires
that the government regulation serves a legitimate and compelling state interest and the
classification must be narrowly tailored, or the least restrictive way, to accomplish that
goal. In the challenge to the Maquoketa ordinance the court found that exceptions were
not included which allowed for the exercise of first amendment rights by minors and also
that the ordinance failed to consider emancipated minors and minors who are with, or
supervised by, their parent or guardian. Including exemptions or exceptions for
constitutionally protected activities is an important consideration in drafting a curfew
ordinance. The least restrictive means possible must be used in order to pass
constitutional muster.
A narrowly tailored, or least restrictive, curfew ordinance should include provisions
which exempt:
1. Minors accompanied by a responsible adult.
2. Minors on the sidewalk or property where the minor resides or on either
side of the place where the minor resides with permission from a
responsible adult and no objection from the neighbor.
3. Minors present at or traveling, between home and one of the following:
a. Within one hour before and one hour after
i. Minor's place of employment in a business, trade or
occupation in which the minor is permitted by law to be
engaged;
ii. Minor's place of religious activity;
iii. Governmental or political activity;
iv. School activity;
v. Assembly such as a march, protest, demonstration, sit -in, or
meeting of an association for the advancement of economic,
political, religious, or cultural matters, or for any other activity
protected by the First Amendment of the U.S. Constitution
guarantees of free exercise of religion, freedom of speech,
freedom of assembly;
vi. An emergency errand for a responsible adult.
vii. An errand as directed by a responsible adult, so long as the
parent or responsible adult can be contacted and confirm the
directed errand."
b. Any time
i. The minor is engaged in interstate travel through the City,
beginning, ending, or passing through the City when such
travel is by direct route.
ii. The minor's business, trade, or occupation, in which the
minor is permitted by law to be engaged, requires the
presence of the minor in the public place.
iii. The minor is emancipated under Iowa Code, Chapter 232C.
A curfew ordinance requires many exceptions making it difficult to build and prove a
case.
Northern Illinois University Study
The Northern Illinois University (NIU) study included a literature review. As part of the
review readings and earlier studies on curfews were considered. The study revealed
there is "little evidence to suggest that curfews effectively reduce juvenile crime."
Northern Illinois University study, pages 7 and 109. Researchers actually caution
against curfew ordinances passed as blanket strategies and instead suggest a plan
developed to more specifically address the needs of a neighborhood. Id. At page 79.
"While studies of curfews' effectiveness on combating crime have drawn inconclusive
results (Adams 2003), it may be worthwhile for communities to explore variations of
curfew strategies where crimes involving juveniles are a significant concern." Id. At 116.
Recommendation:
Based on the type of crimes being committed by juveniles, the times and days on which
juvenile crime is being committed, transportation, staffing, the estimated costs, the NIU
study report, and the constitutional issues surrounding curfew ordinances it is the
recommendation of Chief Mark Da!sing, City Attorney Barry Lindahl, and I that a
Parental Responsibility Ordinance (PRO) be adopted as opposed to a curfew
ordinance. In reviewing the juvenile crimes committed in Dubuque during 2007, 2008,
and 2009 only a small percentage of crime would be impacted by the passage of a
curfew ordinance. NIU suggests a more tailored approach to address community and
neighborhood issues. The more tailored tool for addressing juvenile crime in Dubuque
is passage of a parental responsibility ordinance.
Parental Responsibility
Parental responsibility ordinances (PRO) allow the enforcing authority, in this case the
City of Dubuque, to address the problem behavior of juveniles without the time
limitations imposed by a curfew ordinance.
A PRO makes a parent, defined as a father, mother, legal guardian or any other person
having or who has assumed the care, control or custody by birth, by court order, on a
voluntary basis, responsible for the behavior of any juveniles in their care. The parent
must exercise reasonable control of the juvenile.
If a parent fails to exercise reasonable control the steps like the following would occur:
1 violation:
2nd violation:
3 violation:
4 & subsequent violations:
The parent receives a warning letter that the parent is
in violation of the ordinance with a description of the
parent's violation and a statement setting forth the
fines and /or consequences of future violations.
Issuance of a municipal infraction for which the fine is
$250.00. In lieu of a fine, and subject to the approval
of the Chief of Police, the parent may elect:
(1) To attend, successfully complete, and provide
proof of completion within 180 days of the date of
the notice of the violation, a recognized course of
instruction on parenting skills and /or techniques.
(2) To submit in writing within 30 days of the notice of
violation for review and approval to the Chief of
Police a plan for action steps that will be taken to
prevent further unlawful acts by the minor.
Issuance of a municipal infraction for which the fine is
$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 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.
Issuance of a municipal infraction for which the fine is
$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 § 709A.1 and /or
whether a proceeding under Iowa Code Ch. 232,
Child or Family in Need of Assistance, is appropriate.
Parental responsibility ordinances, like curfews, have been challenged. A Davenport
ordinance was recently challenged and the Iowa Supreme Court addressed flaws in the
ordinance. A local ordinance will take into consideration the Court's input and made
changes to make the ordinance more resilient to a legal challenge.
Conclusion
If you have any questions regarding the information outlined above please let me know
and I will be happy to provide additional information or answer any questions. Thank
you.
cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, City Attorney
Mark Dalsing, Chief of Police
Phyllis Russell, Management Intern
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. _____-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE, AND
PUBLIC SAFETY, CHAPTER 5 OFFENSES, BY ADOPTING A NEW ARTICLE D
PARENTAL RESPONSIBILITY REQUIRING THE PARENT OF A MINOR TO EXERCISE
REASONABLE CONTROL OVER THE MINOR AND ESTABLISHING PENALTIES FOR A
VIOLATION THEREOF
Whereas, the city council finds that there has been an increase in the number of
criminal acts committed by juveniles; and
Whereas, the city council further finds that those who bring children into the world, or
those who assume a parenting role, but who fail to effectively teach, train, guide and control
them, should be accountable to the community under the law. Those who need assistance and
training should be aided; those who neglect their parenting duties should be encouraged to be
more diligent, through civil sanctions, if necessary; and
Whereas, this Ordinance should be construed to achieve these remedial three (3)
objectives by addressing situations where parents, guardians, or any other person having or
who has assumed the care, control or custody over a minor have failed or neglected to act
responsibly or reasonably in the supervision of a minor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5 of the City of Dubuque Code of Ordinances is amended by
adopting the following new chapter:
ARTICLE D. PARENTAL RESPONSIBILITY
7-5D-1: DEFINITIONS:
The following words have the following meanings when used in this article, unless a different
meaning is clear from context or usage.
PARENT: A father, mother, legal guardian or any other person having or who has assumed the
care, control or custody by birth, by court order, on a voluntary basis, or otherwise.
MINOR: Any person who has not attained the age of eighteen years.
7-5D-2: PARENTAL RESPONSIBILITY:
Aparent must exercise reasonable control over the parent’s minor to prevent the minor from
committing any unlawful act in violation of federal or state law or city ordinances.
7-5D-3:VIOLATION:
A failure by a parent to exercise reasonable control over the parent’s minor which causes the
minor to commit an unlawful act is a violation of this article.
7-5D-4: PENALTIES:
A. For a first violation of § 7-5D-3, the city will issue the parent a warning letter that the parent
is in violation of § 7-5D-3 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 § 7-5D-3 is a municipal infraction for which the fine is $250.00. In lieu
of a fine, and subject to the approval of the Chief of Police, the parent may elect:
(1) To attend, successfully complete, and provide proof of completion within 180 days of
the date of the notice of the violation, a recognized course of instruction on parenting
skills and/or techniques. The failure of the parent to successfully complete such course
within such time constitutes a municipal infraction; or
(2) To submit in writing within 30 days of the notice of violation for review and approval to
the Chief of Police a plan for action steps that will be taken to prevent further unlawful
acts by the minor. The failure of the parent to submit such plan within such time
constitutes a municipal infraction.
C. A third violation of § 7-5D-3 is a municipal infraction for which the fine is $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 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 Section 7-
5D-3(B)(2). The failure of the parent to successfully complete such course within such time
constitutes a municipal infraction.
D. A fourth and any subsequent violation § 7-5D-3 is a municipal infraction for which the fine is
$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 § 709A.1 and/or whether a proceeding under Iowa Code Ch. 232, Child or Family in
Need of Assistance, is appropriate.
Section 2. This ordinance takes effect upon publication.
th
Passed, approved and adopted the 7 day of March, 2011.
Roy D. Buol, Mayor
Attest:
__________________________
Jeanne F. Schneider, City Clerk
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