Chapter 9.08
CURFEW
Sections:
9.08.010 Loitering by persons under eighteen.
Prior legislation: Ord. 495.
9.08.010 Loitering by persons under eighteen.
No person under the age of eighteen years may loiter about the public streets, avenues, alleys, parks or public places between the hours of ten p.m. and the time of sunrise of the following day when not accompanied by his legal guardian having legal custody and control of such person, or spouse of such person over twenty-one years of age. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 74 § 1, 1946)
9.08.020 Definitions.
A. For purposes of this chapter, the term “loiter” means to delay, to linger, or to idle about without lawful purpose for being present.
B. For purposes of this chapter, notwithstanding the fact that a person may be “loitering” as defined herein, it shall not be a violation of this chapter if the person is engaged in an activity protected under the constitution of the state of California or the United States. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 608 § 2, 1997)
9.08.030 Enforcement.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender’s age and reason for being in the prohibited 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, the person is not engaged in an activity protected under the constitution of the state of California or the United States. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 608 § 3, 1997)