Chapter 9.24
CURFEW
Sections:
9.24.060 Enforcement – Penalty.
9.24.010 Purpose and intent.
By enacting a curfew regulation that applies to minors and their parents, the City Council intends to preserve and promote the safety and welfare of the community and minors during late night hours. In adopting the ordinance codified in this chapter, the City Council considered and relied upon evidence that proves the effectiveness of a juvenile curfew in promoting these purposes. This regulation is intended to reasonably balance the public interest and the protected rights of minors and their parents. This balance is achieved by applying the principle that parental responsibility for a minor’s conduct is paramount to the City’s regulatory authority. Enforcement of this curfew only becomes necessary in the absence of parental authority. (Ord. 477 § 2, 1997)
9.24.020 Definitions.
For purposes of this chapter the following words or phrases are defined:
A. “Curfew hours” means the hours between 11:00 p.m. and 5:00 a.m. of the following day.
B. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, without limitation, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. “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 which the court has placed a minor.
D. “Minor” means any person under the age of 18.
E. “Parent” means a person who is a natural parent, adoptive parent or step-parent of a minor.
F. “Public place” means any place to which any member of the public has access, including, without limitation, public rights-of-way, public grounds, dedicated open or trail space, or any privately owned unsupervised land that is open and generally available to the public including, without limitation, vacant lots, school parking lots and common areas, hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls.
G. “Responsible adult” means the parent, guardian, or adult person at least 21 years old having the responsibility for the care, custody, and control of a minor. (Ord. 477 § 2, 1997)
9.24.030 Prohibition – Minor.
No minor shall be present in any public place during curfew hours. (Ord. 477 § 2, 1997)
9.24.040 Prohibition – Adult.
No responsible adult shall knowingly permit, or by insufficient control, allow a minor to be present in any public place during curfew hours. (Ord. 477 § 2, 1997)
9.24.050 Exceptions.
The prohibitions described in PMC 9.24.030 and 9.24.040 shall not apply to any minor who, in the alternative, is:
A. Accompanied by his or her responsible adult;
B. Engaged in or directly en route to or from an employment activity;
C. Engaged in any emergency;
D. Present at a public place abutting the minor’s residence;
E. Present in any privately owned building or structure generally committed to a business or trade which is open to and serves the public, or going to or returning from said privately owned building or structure without detour or stop;
F. Attending or directly en route to or from a school sponsored, religious, or recreational activity supervised by at least one responsible adult and sponsored and conducted by the City, a civic organization, public agency, charitable organization, religious entity, or another similar entity that takes responsibility for the minor;
G. On an errand at the direction of the minor’s responsible adult without any detour or stop;
H. In any motor vehicle involved in interstate travel;
I. Exercising First Amendment rights protected by the United States Constitution while being supervised by at least one responsible adult; or
J. Legally emancipated. (Ord. 477 § 2, 1997)
9.24.060 Enforcement – Penalty.
A. Each violation of this chapter constitutes a separate offense;
B. A charge under this chapter may be prosecuted either as a misdemeanor or an infraction. Minors shall be prosecuted in accordance with juvenile court law and procedure.
C. Any person convicted of an infraction for violating this chapter may be punished by a fine not exceeding $250.00 or by a requirement to perform County or City approved work projects or community service or both.
D. Any person convicted of a misdemeanor for violating this chapter may be punished by imprisonment in the County Jail for a period of time not exceeding six months, or by a fine not exceeding $1,000, or both. (Ord. 477 § 2, 1997)