Stop Criminalizing Parents for Neighborhood Street Play

A Petition to the Waukee City Council

We, the undersigned residents of Waukee, respectfully ask the Waukee City Council to reconsider any proposal that would make parents subject to a simple misdemeanor because their children are playing in a public street.

We understand that Waukee already has a law addressing street play.

Waukee Municipal Code §135.04 currently states:

“It is unlawful for any person to coast, sled, or play games on streets or alleys, except in the areas blocked off by the City for such purposes.”

We are not asking the City to ignore its existing ordinance or to disregard legitimate safety concerns.

Rather, we are asking the City Council to consider whether escalating enforcement against parents to the level of a criminal misdemeanor is necessary, appropriate and proportionate.

There is a significant difference between regulating conduct and criminalizing parents.

We understand why the City wants to prevent children from playing in dangerous areas or interfering with traffic.

But a criminal penalty against a parent raises a different question.

A child playing catch, riding a bike, playing street hockey or gathering with neighborhood friends on a quiet residential street is not necessarily creating the same level of danger as someone recklessly entering a busy roadway or intentionally interfering with traffic.

We believe enforcement should recognize that difference.

Waukee already has tools to promote safety.

Iowa law and Waukee ordinances already establish rules governing pedestrians, drivers, bicycles and other roadway users.

Iowa Code §321.329 specifically requires drivers to exercise due care to avoid colliding with pedestrians and specifically addresses the driver's responsibility when a child is observed on a roadway.

Waukee also recently adopted a new personal transportation-device ordinance covering bicycles, scooters, e-bikes, e-motos, skateboards and similar devices.

The City itself says that its initial enforcement approach for those new rules is focused on educating riders and parents and helping everyone understand where different devices can be used safely. The City states that violations may result in a $25 fine, while violations of state traffic laws may carry other penalties.

We believe this education-first approach demonstrates that Waukee can promote safer behavior without immediately turning parents into criminal defendants.

We believe a simple misdemeanor is disproportionate.

A simple misdemeanor is a criminal offense.

We respectfully question whether criminal prosecution is the appropriate response when a parent allows a child to participate in ordinary neighborhood activities.

If the concern is safety, the City's first response should be education, communication and reasonable enforcement—not unnecessarily criminalizing families.

We ask the City Council to:

1. Reject any proposal that would make a parent subject to a simple misdemeanor solely because their child is playing in a street.

2. Maintain reasonable regulation of street play while distinguishing between genuinely dangerous conduct and ordinary neighborhood activity.

3. Use education, warnings and parental communication as the first response to violations.

4. Consider civil or municipal enforcement rather than a criminal misdemeanor if additional enforcement is deemed necessary.

5. Clearly define what conduct warrants enforcement and provide reasonable discretion for circumstances involving quiet residential streets, cul-de-sacs, neighborhood activities and temporarily closed streets.

6. Engage Waukee residents and parents before imposing a criminal penalty that could affect families throughout our community.

We want safe streets AND a kid-friendly Waukee.

We are not asking Waukee to abandon safety.

We are asking the City to recognize that not every violation requires a criminal response.

Children need opportunities to play, ride bikes, socialize and develop independence in the neighborhoods where they live.

Parents should be responsible for teaching their children to respect traffic and roadway safety.

But parents should not face a criminal misdemeanor simply because their children are participating in ordinary neighborhood play.

Waukee can be safe without becoming unnecessarily punitive.

We respectfully ask the Waukee City Council to reject the criminalization of parents and pursue a balanced, proportionate approach to neighborhood safety.

Keep Waukee safe. Keep Waukee reasonable. Keep Waukee kid-friendly.

Brad Deets

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