Chapter 9.32
CURFEW
Sections:
9.32.020 Curfew violations by minors during certain hours.
9.32.050 Daytime curfew violations by minors.
9.32.060 Recovery of police service costs for nighttime curfew violations.
9.32.080 Power of law enforcement officers not limited.
9.32.010 Definitions.
For purposes of this chapter:
“Chief of police” or “chief” means the chief of police of the city or his designee.
“City manager” means the city manager or his designee.
“Curfew hours” means between the hours of 11:00 p.m. on any day and 6:00 a.m. of the immediately following day.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, an earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.
“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.
“Guardian” means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.
“Minor” means any person under eighteen years of age.
“Parent” means a person who is a natural, adoptive or step-parent of another person.
“Police service” means the administrative costs and transportation costs related to the transport of the minor to his place of permanent or temporary residency within the state of California which are incurred by the city due to a violation of the nighttime curfew provisions of Section 9.32.020.
“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, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
“Remain” means to linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
“Responsible adult” means a person at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a minor.
“Responsible party” means the parent or guardian of the minor.
“Serious bodily injury” means bodily injury that creates a substantial risk of death, serious disfigurement or serious permanent injury. (Ord. 1744 § 12, 2013: Ord. 1534 § 2 (part), 1998: prior code § 4-7.03)
9.32.020 Curfew violations by minors during certain hours.
It is unlawful for a minor to remain in any public place or on the premises of any establishment within the city during curfew hours. It is also unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the city during curfew hours. Any person in violation of these curfew restrictions shall be guilty of a misdemeanor. (Ord. 1534 § 2 (part), 1998: prior code § 4-7.01)
9.32.030 Exceptions.
It is a defense to prosecution under Section 9.32.020 if the minor was:
A. Accompanied by his or her parent, guardian or responsible adult;
B. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
C. Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;
D. Involved in an emergency;
E. In a vehicle involved in interstate travel;
F. On the sidewalk abutting the minor’s residence, or on the property of, or the sidewalk of, a residence immediately adjacent to the minor’s residence, provided that the owner or tenant of such property did not complain to the police department about the minor’s presence;
G. Attending or returning home without any detour or stop from an activity supervised by an adult and sponsored by a school, religious organization, civic organization, public agency or a similar organization;
H. Returning directly home from a public meeting or returning home without any detour or stop from a place of public entertainment, such as a movie, play, sporting event or dance which began prior to the time of curfew;
I. Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly;
J. A minor who is an emancipated minor pursuant to law; or
K. A minor who is or has been married. (Ord. 1534 § 2 (part), 1998: prior code § 4-7.02)
9.32.050 Daytime curfew violations by minors.
A. It is unlawful for any minor, who is subject to compulsory education or to compulsory continuation education, to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8:30 a.m. and 1:30 p.m. on days when said minor’s school is in session. This section does not apply when:
1. The minor has in his or her possession a written excuse from the minor’s parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’s absence from school;
2. The minor is accompanied by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor;
3. The minor is on an emergency errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor;
4. The minor is going to or returning directly from a medical appointment or his or her place of gainful employment;
5. The minor has permission to leave campus and the minor has in his or her possession a valid, school-issued, off-campus permit. An off-campus permit shall not be required when a minor is leaving school campus for lunch, unless it is the policy of the minor’s school to issue an off-campus permit for lunch;
6. The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, providing such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor’s school;
7. The presence of the minor in the place or places is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the minor is lawfully engaged;
8. The minor, due to split sessions or year-round school, is not required at the time he or she is found to be in attendance at school;
9. The minor is legally enrolled in a sponsored home schooling program administered through a school district, or legally enrolled in a sponsored home schooling program administered by a parent, guardian or their designee or is otherwise exempt by law from compulsory education or compulsory continuation education;
10. The minor is exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly;
11. The minor is authorized to be absent from school pursuant to the provisions of California Education Code Section 48205;
12. The minor is exempt from compulsory education or compulsory continuation education;
13. The minor is otherwise exempted as provided by any other applicable state or federal law.
B. A minor cited for an infraction under this section must be accompanied at any proceedings by at least one custodial parent, legal guardian, or person having the legal care or custody of the minor. If such persons fail to attend the proceeding with the minor, and unless the interests of justice would otherwise be served, the proceeding may be continued and said person(s) shall be directed to appear at the continued proceeding with the minor by whatever means available. For purposes of this section, “custodial parent” means the parents with whom the minor resides or the parent which is given legal custody by a court of competent jurisdiction.
C. Notwithstanding any provisions of this municipal code to the contrary, violation of this section shall be treated as an infraction. Punishment for any violation of this section may include community service. (Ord. 1744 § 13, 2013: Ord. 1573 § 2, 1999: Ord. 1534 §§ 4, 5, 1998; Ord. 1505 § 2, 1996: Ord. 1485 § 2, 1995)
9.32.060 Recovery of police service costs for nighttime curfew violations.
As authorized by Welfare and Institutions Code Section 625.5, when a minor is detained by the police department under the provisions of this chapter for a second violation of Section 9.32.020, the responsible party shall be jointly and severally liable with the minor for actual administrative and transportation costs incurred by the city. In order for the city to recover such costs, the following procedures shall apply.
A. First Violation.
1. Upon the first violation of this chapter, the police officer shall issue a warning notice to the minor regarding the consequences of a second violation. The warning notice shall specify that upon a second violation, the minor and the responsible party may be held liable for actual administrative and transportation costs related to a violation of the nighttime curfew provisions.
2. A similar warning notice shall be mailed to the responsible party which shall also specify that, upon a second violation, the parents or legal guardian, along with the minor, may be held liable for actual administrative and transportation costs (first violation notice). The first violation notice shall include a requirement that the responsible party sign and return the notice within fifteen calendar days. However, failure to return the first violation notice shall not invalidate the notice or proceedings under this section.
3. The first violation notice shall include a space for the explanation of any circumstances as to why this should not be considered a first violation which would trigger the imposition of police services costs upon a subsequent violation. The notice shall additionally include a statement that failure to include such an explanation shall constitute a failure to exhaust administrative remedies and constitute a waiver of any argument upon subsequent violations that the first violation should not have counted towards the imposition of police service costs fees under this section.
B. Second and Subsequent Violations.
1. Upon a second and subsequent violations of this chapter, the city shall send a police service costs notice to the minor and responsible party.
2. The police service costs notice shall provide for the amount of costs due the city and shall include a space for the explanation of any circumstances relevant to an applicable exemption from payment of the costs for the reasons set forth in subsection C of this section.
3. The police service costs notice shall include a statement that the responsible party is required to sign and return the notice; however, failure to return the police service costs notice shall not invalidate the notice or proceedings under this section. The notice shall also include a statement that failure to request an exemption and provide an explanation shall constitute a failure to exhaust administrative remedies.
C. If a request for exemption is included in the return of the notice sent under either subsection A or B of this section, the request shall be reviewed by the chief of police. The chief of police may request additional explanation with regard to the reasons for the exemption, including a meeting with the minor or responsible party. The chief of police may void the first violation notice issued under subsection A of this section if he determines there is good cause to do so. The chief of police may waive the police service costs notice issued under subsection B of this section if he determines:
1. The responsible party has made reasonable efforts to exercise supervision and control over the minor;
2. Neither the minor nor the responsible party has the ability to pay the fee;
3. The minor is willing to provide community service in lieu of imposition of the fee;
4. The responsible party has limited physical or legal custody and control of the minor; or
5. There are other findings of good cause.
D. The chief of police’s decision shall be in writing and shall be mailed to the minor and the responsible party within five days of such decision having been rendered.
E. If the request to void the first violation notice or waive the police services costs notice is denied, the minor or responsible party (“appellant”) may request a hearing before the city manager by filing such request within ten days from the date of service of the chief’s decision.
1. Appellant shall be given at least ten days written notice of the hearing, which hearing shall take place not more than sixty days from the date that the appeal is filed.
2. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Appellant shall be given the opportunity to testify, present evidence, and cross-examine witnesses.
3. The failure of the appellant to appear at the hearing shall constitute a failure to exhaust administrative remedies and shall render the chief of police’s decision final.
4. The city manager may continue the hearing and request additional information from either party prior to issuing a written decision.
5. After considering all of the testimony and evidence submitted at the hearing, the city manager shall issue a written decision to uphold, modify or overturn the chief of police’s determination and shall list in the decision the reasons for that decision. With respect to a police service costs invoice, the city manager shall consider the same factors set forth in subsection C of this section and, if deemed appropriate, may establish a payment schedule.
6. The city manager’s decision shall be final.
7. The city manager’s written decision shall be issued within thirty days of the conclusion of the hearing. Appellant shall be mailed a copy thereof within five days thereafter.
F. Payment of the police service costs notice shall be made within thirty days of the date of the notice, the date of the chief of police’s determination if no appeal is filed, or the date of the city manager’s decision if a timely appeal is filed, whichever is later.
G. Any police service costs not paid in accordance with the provisions of this chapter is an obligation of the minor and responsible party and may be collected by the city through any legal means. In any civil action to collect the fee, the court may waive payment of the fee by the minor or the responsible party upon a finding of good cause. (Ord. 1744 § 14 (part), 2013)
9.32.070 Enforcement.
Before taking any action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in the public place.
A. The peace officer shall not issue a citation or make an arrest under Section 9.32.020 unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no exception listed in Section 9.32.030 is present.
B. The peace officer shall not issue a citation or make an arrest under Section 9.32.050 unless the officer reasonably believes that an offense has occurred and that based on the response and other circumstances, no exception listed in Section 9.32.050C is present. (Ord. 1744 § 14 (part), 2013; Ord. 1534 § 6, 1998. Formerly 9.32.060)
9.32.080 Power of law enforcement officers not limited.
Nothing contained in this chapter shall be construed in any way to limit the power or right of law enforcement officers to make such investigations, detentions, or arrests as such law enforcement officers would be permitted to make had this chapter not been enacted. (Ord. 1744 § 14 (part), 2013; Ord. 1534 § 3, 1998; prior code § 4-7.04. Formerly 9.32.070)