VIII. OFFENSES BY OR AGAINST MINORS
CHAPTER 9.76
CURFEW
Section
9.76.020 Under 18 - hours - definition
9.76.030 Minor accompanied by adult
9.76.050 Going or coming from excepted place
9.76.070 Violation deemed misdemeanor
9.76.080 Institution of proceedings against minor violator
9.76.090 Violation by adult - penalty
Editor’s note:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.
The City Council of the City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact any one (1) or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional.
9.76.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. The period from 11:00 p.m. until 6:00 a.m. the following morning.
EMERGENCY. Unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster, or any condition requiring immediate action to prevent bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN.
1. A person who, under court order, is the guardian of the minor; or
2. A public or private agency with whom a minor has been placed by court order.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.
PARENT. A person who is a natural parent, adoptive parent, or stepparent of a minor.
PUBLIC PLACE. Any place the public or a substantial group of the public has access and includes, but is not limited to, streets, alleys, sidewalks, squares, parks, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops, dance halls, amusement center, or these establishment immediate areas.
REMAIN. To:
1. Linger, stay, or be present; or
2. Fail to leave the public place when requested to do so by a peace officer, the owner, operator, or other person in control of the premises or public place.
RESPONSIBLE ADULT. A person at least 18 years of age and authorized by a parent or guardian to have care and custody of a minor.
(Ord. 810, § 2, passed -- 1998)
9.76.020 UNDER 18 - HOURS - DEFINITION.
It is unlawful for any minor persons under the age of 18 years to remain, congregate, or to be present at or to be upon any public street, way, square, park, place, or building or at or in any place of business, business house, public dance hall, or other place designed for the accommodation of the public or place as listed in the above definitions between the hours of 11:00 p.m. of one (1) day and 6:00 a.m. of the following day. Any person who has not attained his or her eighteenth birthday is deemed to be under the age of 18 years.
(Ord. 810, § 2, passed -- 1998)
9.76.030 MINOR ACCOMPANIED BY ADULT.
The provision of § 9.76.020 shall not apply to any minor who at the times mentioned in § 9.76.020 is accompanied by his or her parent, guardian, or other adult person having the lawful custody of the minor.
(Ord. 810, § 2, passed -- 1998)
9.76.040 PLACES EXCEPTED.
The provisions of § 9.76.020 shall not apply to the following places: public theaters and places where supervised entertainment or play or instruction for minors under the age of 18 is conducted; provided, however, that this exception shall apply only to minors who are in attendance at the theaters or places for the purpose of attending the entertainment, supervised entertainment, or supervised play or instruction thereby afforded.
(Ord. 810, § 2, passed -- 1998)
9.76.050 GOING TO OR COMING FROM EXCEPTED PLACE.
The provisions of § 9.76.020 shall not apply to any minors while engaged in going to or returning from, in direct route, the places mentioned in § 9.76.040 and their homes or other places of abode; provided, however, in the event the minors stop, loiter, loaf, congregate, or deviate from the direct route, this exception shall not apply and the provisions of § 9.76.020 shall then apply.
(Ord. 810, § 2, passed -- 1998)
9.76.060 EXCEPTIONS.
The provisions of § 9.76.020 shall not apply to any minor who is lawfully employed or to such a minor while engaged in going to or returning from his or her place of employment in a direct route between the place of employment and his or her place of abode.
(Ord. 810, § 2, passed -- 1998)
9.76.070 VIOLATION DEEMED MISDEMEANOR.
Any minor violating the terms of this chapter is guilty of a misdemeanor.
(Ord. 810, § 2, passed -- 1998)
9.76.080 INSTITUTION OF PROCEEDINGS AGAINST MINOR VIOLATOR.
Any minor violating the provisions of this chapter may be immediately apprehended and lawfully detained and appropriate proceedings may be instituted under and pursuant to the provisions of the Juvenile Court Law as set forth in the Welfare and Institutions Code of the State of California. Officers taking enforcement action under this ordinance shall first, ask the apparent offenders age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred based upon the minors response(s) and other circumstances surrounding the enforcement of this ordinance.
(Ord. 810, § 2, passed -- 1998)
9.76.090 VIOLATION BY ADULT - PENALTY.
Any parent, guardian or other adult person having the lawful custody, permanent or temporary, of any minor person who knowingly permits or lets, either willfully or negligently, such minor violate the provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
(Ord. 874, § 25, passed 8-25-2008)