Division VI. Offenses By or Against Minors
Chapter 9.84
CURFEW – LOITERING1
Sections:
9.84.010 Curfew for minors – Loitering prohibited.
9.84.020 Aiding and abetting – Parent responsibility.
9.84.030 Minors in hotels and similar establishments – Report to police.
9.84.040 Minors in certain public places.
9.84.050 Enforcement procedure.
9.84.005 Definitions.
In this chapter, unless the context otherwise requires:
A. “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.
B. “Minor” means any person under the age of 18 years and is synonymous with the term “juvenile” for purposes of this chapter.
C. “Parent” means:
1. A natural parent, adoptive parent, or stepparent of another person; or
2. A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
D. “Public place” means a place to which the public generally has access and includes, but is not limited to, a street, highway, road, curb area, alley, park, playground, public building, place of amusement or entertainment, or public eating place, and the common area of a hospital, office building, transport facility or shop.
E. “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. 1162 § 3, 1999.]
9.84.010 Curfew for minors – Loitering prohibited.
A. Curfew. It is unlawful for any minor to be present in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or other unsupervised place between the hours of 10:00 p.m. on any day until sunrise of the immediately following day.
B. Exceptions. The provisions of this section shall not apply when:
1. The minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor, or by his or her spouse 18 years of age or older; or
2. The minor is on an errand directed by his or her parent or parents or guardian or other adult person having the lawful care or custody of the minor, or by his or her spouse 18 years of age or older; or
3. The minor is going or coming directly to or from his or her place of gainful employment or the presence of such minor in such place or places is connected with or required with respect to a business, trade, profession or occupation in which such minor is lawfully engaged; or
4. The minor is attending or going to or returning directly home from a public meeting or place of public entertainment, such as a movie, play, sporting event or school activity; or
5. The minor is involved in an emergency including, but not limited to, a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action; or
6. The minor is in a motor vehicle involved in interstate travel; or
7. The minor is on a sidewalk abutting the minor’s residence. [Ord. 1162 § 4, 1999; Ord. 668 C.S. § 16, 1974; 1937 Code § 541.]
9.84.015 Daytime curfew.
A. Curfew. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education, to be present in or upon any public street, avenue, highway, road, curb area, alley, park, playground or other public ground, public place or public building, place of amusement or eating place, vacant lot, or abandoned or vacant building between the hours of 8:30 a.m. and 1:30 p.m. on days when the minor’s school is in session.
B. Exceptions. This section does not apply when:
1. The minor is accompanied by his or her parent, guardian or other adult person having the lawful care or custody of the minor, or by his or her spouse 18 years of age or older; or
2. The minor is on an errand directed by his or her parent, guardian or other adult person having the lawful care or custody of the minor, or by his or her spouse 18 years of age or older; or
3. The minor has in his or her possession a written excuse from his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or from his or her spouse 18 years of age or older; or
4. The minor has permission to leave campus and has in his or her possession a valid, school-issued, off-campus permit; or
5. The minor is going directly to or returning from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided 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; or
6. The minor is going directly to or coming directly from a medical appointment or is going or coming directly to or from his or her place of gainful employment or the presence of such minor in such place or places is connected with or required with respect to a business, trade, profession or occupation in which such minor is lawfully engaged; or
7. The minor is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt from attendance at a public or full-time day school as set forth in the Education Code; or
8. The minor is married or has been emancipated in accordance with California Family Code Section 7000 et seq.; or
9. The minor is attending an off-campus official school, participating in a home school program, religious, recreational, educational, social, or other organized activity sponsored by the city, school district, or other private civic or religious organization that supervises the activity; or
10. The minor is involved in an emergency including, but not limited to, a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action; or
11. The minor is in a motor vehicle involved in interstate travel; or
12. The minor is on a sidewalk abutting the minor’s residence. [Ord. 1162 § 5, 1999.]
9.84.020 Aiding and abetting – Parent responsibility.
A. It is unlawful for any parent, legal guardian or other person knowingly to aid, abet, assist or encourage any minor under the age of 18 years to violate the provisions of this chapter.
B. Every parent, guardian or other person having legal care, custody or control of any person under the age of 18 years who allows or permits a minor to violate any provision of this chapter is guilty of an infraction. [Ord. 1162 § 6, 1999; Ord. 668 C.S. § 16, 1974; 1937 Code § 541.1.]
9.84.030 Minors in hotels and similar establishments – Report to police.
Each owner, agent, manager or keeper of a hotel, boardinghouse, lodging house, tenement house, motor court or apartment house shall immediately report to the police department of the city the presence therein of any and all minors under the age of 18 years, unless such minor or minors is or are accompanied by the parent, guardian or other adult person having the legal care and custody of such minor or minors, and in making such reports shall state to the police department of the city the name, age, last known place of abode, the names and residences of the parents, guardian, or of any other custodian of such minor or minors, so far as such information can be ascertained from the minor or minors or otherwise. [1937 Code § 541.2.]
9.84.040 Minors in certain public places.
It is unlawful within the city for any proprietor, keeper, clerk or any other person having charge or control of any cafe, tavern, restaurant, bar, eating place or public dance hall to permit any person under the age of 18 years to remain in the public place between the hours of 10:00 p.m. and daylight immediately following unless such person is accompanied by a parent, guardian or other adult person having the legal care and custody of such minor. [1937 Code § 541.3.]
9.84.050 Enforcement procedure.
A. Before taking any enforcement action under this article, the law enforcement officer shall ask the minor his or her age and reason for being in a public place during curfew hours. The officer shall not issue a citation to or temporarily detain a minor under this chapter unless the officer reasonably believes that an offense has occurred as provided in this chapter.
B. Upon the first violation of this chapter, the police shall issue to the minor a warning citation regarding the consequences of a second violation of this chapter. The police chief or his designated representative shall mail to the parent(s) of the minor or legal guardian a notification that states that upon a second violation the parents or legal guardian may be held liable for actual administrative and transportation costs. The parents or legal guardian shall be required to sign and return the notification. The notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided in PMC 9.84.070(D). This explanation shall be reviewed by the police chief or his designated representative. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian of the minor for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption. [Ord. 1162 § 7, 1999; Ord. 668 C.S. § 16, 1974; 1937 Code § 541.4.]
9.84.060 Violations.
A. Infractions. Notwithstanding any other provision of this code, when a person under the age of 18 years is charged with a violation of this code, and a peace officer issues a notice to appear to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.
B. Juvenile Traffic Court Appearance. Any person issued a citation for a violation of this chapter must appear before the juvenile traffic court within the prescribed time to adjudicate the citation. Any person appearing before the juvenile traffic court must be accompanied by a parent or guardian. The hearing officer shall not adjudicate the citation otherwise and shall continue the matter until such time as the minor is accompanied by a parent or guardian.
C. Failure to Appear Before the Juvenile Traffic Court. Any person who has been issued a citation for a violation of this chapter who fails to appear before the juvenile traffic court shall be reported to the State Department of Motor Vehicles, and shall have his or her driver’s license suspended until the citation is adjudicated. If the person does not have a driver’s license, the right to a license will be suspended until the citation is adjudicated. At the adjudication of a citation for which an offender initially failed to appear, the court shall be required to impose community service work and a fine.
D. First Offense. Upon adjudication of a first infraction the court shall impose a fine of $35.00. The court may also require 20 hours of community service work, instead of or in addition to the above-referenced fine. The court may delay imposition of the fine and/or community service obligations for a period of 60 days. If the juvenile attends all classes during those 60 days and provides the court with a letter from the school verifying that attendance, the court may thereafter waive the fine and community service hours obligation.
E. Second Offense within One Year. Upon adjudication of a section infraction within one year, the court shall impose a fine of $75.00 and may suspend or delay the issuance of a driver’s license for 60 days. The court may also require 20 hours of community service work, instead of or in addition to the above-referenced fine.
F. Third Offense within One Year. Upon adjudication of third and subsequent infractions within one year, the court shall impose a fine of $150.00 and may suspend or delay the issuance of a driver’s license for 90 days. The court may also require 20 hours of community service work, instead of or in addition to the above-referenced fine. [Ord. 1162 § 8, 1999; 1937 Code § 541.5.]
9.84.070 Cost recovery.
A. Determination by Court. When a court determines that a minor less than 18 years of age is subject to civil or criminal or criminal liability based on violation of curfew, truancy or other willful misconduct, it may provide that the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his or her detention, over and above the cost of services normally provided by the city’s law enforcement agency.
B. Determination by Chief of Police. When the chief of police or designee thereof determines that the city’s law enforcement agency incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his or her detention for violation of curfew, daytime loitering, truancy or other willful misconduct, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent(s) or legal guardian(s) of the minor may be assessed, and billed for, such additional costs. In the alternative, the city may require community service in lieu of payment of the city’s administrative costs.
C. Appeal. Any person receiving a bill for law enforcement services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding the billing shall be heard by the city manager, or designee thereof, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the law enforcement services shall be suspended until notice of the decision of the hearing officer is issued. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after notice of the decision of the hearing officer. The hearing officer’s decision is final.
D. Exemption From Administrative Costs. The hearing officer’s decision may:
1. Provide for a waiver of the payment of the fee by the parent(s) or legal guardian upon a determination that the minor has made reasonable efforts to exercise supervision and control over the minor;
2. Provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor the parent(s) or legal guardian has the ability to pay the fee;
3. Provide for the performance of community service in lieu of imposition of the fee; and/or
4. Provide for a waiver of the payment of the fee by the parent(s) or legal guardian upon a determination that the parent(s) or legal guardian has limited physical or legal custody and control over the minor.
E. Court Fines and Community Service. Any fines or community service imposed by a court shall be considered separate and distinct from any administrative fines required to be paid to the city. [Ord. 1162 § 9, 1999.]
Cross reference: Weapons, sales to minors, Chapter 9.92 PMC.