Chapter 11.56
CURFEW OF MINORS
Sections:
11.56.020 Curfew Restrictions for Minors.
11.56.030 Aiding Curfew Violations Prohibited.
11.56.010 Definitions.
“Curfew hours” means any time between the hours of ten p.m. and six a.m. during any day of the week.
“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 present 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 a court.
“Minor” means any person under eighteen (18) years of age.
“Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of a corporation.
“Parent” means natural parent, adoptive parent, or stepparent of another person; or a person at least eighteen (18) years of age, and authorized by a parent or guardian to have the care and custody of a minor.
“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, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
“Remain” means to linger, stay, loiter, idle, wander, stroll, or play upon public or private property, or to 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.
“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. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)
11.56.020 Curfew Restrictions for Minors.
It is unlawful for any minor under the age of eighteen (18) years to remain upon any public street, avenue, highway, road, curb area, public building, place of amusement or eating place, vacant lot, or unsupervised place between the hours of ten p.m. and six a.m.; provided, however, that the provisions of this section shall not apply when:
A. The minor is accompanied by him or her parent or guardian having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older;
B. The minor is upon an errand at the direction of the minor’s parent or guardian having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older, without any detour or stop;
C. The minor is in a motor vehicle involved in interstate travel;
D. The minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. The minor is involved in an emergency type situation;
F. The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Santa Clarita, a civic organization, or another 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 of Santa Clarita, a civic organization, or another similar entity that takes responsibility for the minor. (Ord. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)
11.56.030 Aiding Curfew Violations Prohibited.
Every parent, guardian, or other person having the legal care, custody, or control of any person under the age of eighteen (18) years who knowingly aids, abets, or encourages such person described in Section 11.56.020 to violate any provision of this chapter is guilty of a misdemeanor. (Ord. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)
11.56.040 Enforcement.
Before taking any enforcement action under this section, 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 section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense is applicable under Section 11.56.020. (Ord. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)
11.56.050 Penalties.
A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed two hundred fifty dollars ($250.00). (Ord. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)
11.56.060 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Santa Clarita hereby declares it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional. (Ord. 91-7, 3/26/91; amend. Ord. 97-16, 10/15/97)