Chapter 9.41
CURFEW
Sections:
9.41.010 Offenses.
A. A minor commits a misdemeanor and is subject to the provisions of Chapter 2, Division 2, of the Welfare and Institutions Code of the state of California if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
B. Any person assisting, aiding, abetting, permitting or encouraging a minor to violate any of the provisions of this chapter commits a misdemeanor, which violation shall be punishable as provided in Section 1.20.010 of this code.
C. The owner, operator or any employee of an establishment commits a misdemeanor, which violation shall be punishable as provided in Section 1.20.010 of this code, if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 677 § 3(part), 1998).
9.41.020 Definitions.
A. “Curfew hours” is defined as eleven p.m. on any day of the week until six a.m. of the following day.
B. “Emergency” means a sudden, unexpected occurrence that poses clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health or property. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident.
C. “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment, or any cafe, restaurant, eating place, tavern or bar.
D. “Guardian” means:
1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
E. “Minor” means any person under eighteen years of age.
F. “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the member or partners of an association or partnership and the officers of a corporation.
G. “Parent” means:
1. A natural parent, adoptive parent, or stepparent of another person; or
2. A person at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
H. Permitting. The word “permitting” is not limited to its affirmative meaning, but includes passivity, abstaining from preventive action or allowing by insufficient control.
I. “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public squares, parks, and the common areas of schools, apartment houses, office buildings, transport facilities and shops.
J. “Remain” means to:
1. Linger or stay; or
2. Fail to leave the public place or the premises of the subject establishment when requested to do so by a police officer or the owner, operator, or other person in control of the public place or the premises of the subject establishment. (Ord. 677 § 3(part), 1998).
9.41.030 Defenses.
A. It is a defense to prosecution under Section 9.41.010(A) of this chapter that the minor was:
1. Accompanied by the minor’s parent or guardian;
2. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. Attending a school, religious, sports, cultural, amusement or recreational activity sponsored by adults, or traveling directly to or returning directly home, without a detour or stop, from a school, religious, sports, cultural, amusement or recreational activity supervised by adults;
7. Within one hundred feet of the minor’s residence;
8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and/or the right of assembly; or
9. Emancipated as provided under state law.
B. It is a defense to prosecution under Section 9.41.010(C) that:
1. Section 9.41.030(A) provides the minor one or more defense(s) to prosecution under Section 9.41.010(A), regardless of whether the minor has been or will be prosecuted;
2. That the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 677 § 3(part), 1998).
9.41.040 Enforcement.
Before taking any enforcement action under Section 9.41.010(A) of this chapter, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 9.41.030(A) is present. (Ord. 677 § 3(part), 1998).