Chapter 9.16
CURFEW VIOLATIONS AND JUVENILE DAYTIME LOITERING
Sections:
9.16.040 Daytime loitering defenses.
9.16.050 Other defenses to prosecution.
9.16.080 Repealed.
9.16.010 Definitions.
A. “Curfew hours” means 10:00 p.m. on any day until 6:00 a.m. of the following day.
B. “Daytime loitering” means loitering, idleness or wandering by a minor who is subject to compulsory education or to compulsory continuing education, in any public place or establishment, vacant lot or any unsupervised place during the hours of 8:30 a.m. and 2:30 p.m. on days when school is in session, or otherwise during hours for which said minor is normally assigned to his or her school on days when said school is in session.
C. “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, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
D. “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.
E. “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 a court.
F. “Minor” means any person under 18 years of age.
G. “Operator” means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
H. “Parent” means a person who is a natural parent, adoptive parent or stepparent of another person, or at least 18 years of age and authorized by a parent of guardian to have the care and custody of a minor.
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, public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, places of amusement, apartment houses, office buildings, transport facilities and shops.
J. “Remain” means to linger or stay, or fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
K. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.020 Prohibitions.
A. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
B. A minor commits an offense if he or she violates the daytime loitering provisions of this chapter as defined herein.
C. A parent or guardian of a minor or other adult person having the care and custody of a minor who is subject to compulsory education or to compulsory continuing education commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours or in violation of the daytime loitering provisions of this chapter.
D. The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.030 Curfew defenses.
A. It is a defense to prosecution under HMC 9.16.020(A) that a minor was:
1. Accompanied by the minor’s parent or guardian, or by a responsible adult;
2. On an errand at the direction of the minor’s parent or guardian, or the responsible adult, 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. On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
8. Married or had been married, an “emancipated minor” as defined in California Family Code Section 7002, or had disabilities of minority removed in accordance with the California Family Code; or
9. Exercising First Amendment rights protected by United States and California Constitutions. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.040 Daytime loitering defenses.
A. It is a defense to prosecution under HMC 9.16.020(B) that the minor was:
1. Accompanied by the minor’s parent or guardian, or other adult person having the care or custody of the minor with written authorization from the school or educational activity to which the minor is assigned, such as an “off-campus pass or permit.”
2. On an errand at the direction of the minor’s parent or guardian or responsible adult, without any detour or stop, and with written authorization from the school or educational facility to which the minor is assigned;
3. In a motor vehicle involved in interstate travel,
4. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor; or
5. Married or had been married, an “emancipated minor” as defined in California Family Code Section 7002, or had disabilities of minority removed in accordance with the California Family Code. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.050 Other defenses to prosecution.
A. It is a defense to prosecution under HMC 9.16.020(D) 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 or daytime loitering hours and refused to leave. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.060 Enforcement.
A. Before taking any enforcement action under 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 chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in HMC 9.16.030, 9.16.040 or 9.16.050 is present. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.070 Cost recovery.
A. Pursuant to the authority of Welfare and Institutions Code Section 625.5 (hereinafter “W and I 625.5”), and when based on a finding of civil liability or a criminal conviction for a subsequent violation of HMC 9.16.020, and said detention requires the supervision of the minor by employee(s) of the city police department or the city’s authorized law enforcement service provider, the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing said supervision and transportation for that minor; provided, that they shall have first received a written warning for a first violation of HMC 9.16.020(A), indicating that administrative cost recovery may be sought for a second violation. W and I 625.5(d) requires parents or legal guardians to sign and return the warning notification for any first violation of HMC 9.16.020(A) committed by a minor. A space will be provided for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by W and I 625.5(e).
B. As determined by the police chief or his designee, the minor, the parent(s) or legal guardian(s) of a minor violating HMC 9.16.020(A) may be assessed and billed for the cost of providing personnel for services relating to the services normally provided by the police department. The police chief, or his designee, may waive payment of all or part of the charges if the determination is made that the person has made reasonable efforts to exercise appropriate supervision and control over the minor, if the determination is made that neither the minor, the parent(s) or legal guardian(s) have the ability to pay the charges, if the determination is made to allow the performance of community service in lieu of imposition of the fee, or if the determination is made that the parent(s) or legal guardian(s) have limited physical or legal custody and control of the minor.
C. Any person receiving a bill for police services pursuant to this section may, within 10 days after the date of the bill, file a written appeal with the city clerk. Any billing sent pursuant to this section shall notify the responsible party of the right to appeal said charges. The mayor shall designate a hearing officer for hearing such appeals. Such hearing shall be informal and shall not be bound by the formal rules of evidence. The hearing officer may waive payment of the charges in full or in part upon a finding of good cause. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The requirement to pay the charges shall be stayed during the pendency of the appeal. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days of the notice of the decision of the hearing officer. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)
9.16.080 Penalties.
Repealed by Ord. 370. (Ord. 229 § 2, 1998; Ord. 212 § 2, 1996)