Chapter 4-4 MINORS

CHAPTER 4. MINORS¹

4-4.01 Definitions.

For purposes of this section, the following terms shall have the following meanings:

a. Curfew Hours shall mean the period from 10 p.m. until 6 a.m. the following day except that on Friday and Saturday nights and the nights before a holiday the hours of curfew shall be 12 o’clock midnight until 6 a.m.

b. Guardian shall mean:

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 the court.

c. Minor shall mean any person under eighteen (18) years of age.

d. Parent shall mean a person who is a natural parent, adoptive parent, or step-parent of another person.

e. Public place shall mean 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.

f. Responsible adult shall mean a person of at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor.

g. Serious bodily injury shall mean 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. (§1, Ord. 1915, eff. 1/15/98)

4-4.02 Curfew Restrictions.

a. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Walnut Creek during curfew hours.

b. It is unlawful for any parent or guardian of a minor or persons over the age of eighteen (18) to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

c. It is a defense to prosecution under Section 4-4.02(a) or (b) that the 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;

7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Walnut Creek, 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 Walnut Creek, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States Constitution; or

9. Emancipated pursuant to law.

d. 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 or on the premises of the establishment during curfew hours. 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 responses and other circumstances, no defense under Section 4-4.02(c) is present or applicable.

e. Each violation of this section shall constitute a separate offense. (§1, Ord. 1915, eff. 1/15/98)

4-4.03 Penalty; Misdemeanor or Infraction.

Any person who violates any provision of §§4-4.01 through 4-4.02 shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in §1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction or such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§3, Ord. 1712, eff. December 1, 1988; and by §1, Ord. 1915, eff. 1/15/98)

Article 2. Minor’s Access to Tobacco Products and Promotional Items

4-4.100 Sale and Distribution of Tobacco-related Promotional Items.

No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item (other than tobacco products) or service to a minor, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product. (§1, Ord. 1942, eff. 4/1/99)

4-4.101 Self-Service Displays.

(a) It shall be unlawful for any person to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of a self-service display, rack, counter-top or shelf that allows any self-service customer access to any tobacco product.

(b) All tobacco products shall be offered for sale exclusively by means of seller assistance. Tobacco products shall be located exclusively in a locked case, located behind counters out of reach from customers, or in a similar location that is inaccessible to customers, requiring seller assistance for the customer to obtain access to the tobacco products. (§1, Ord. 1942, eff. 4/1/99)

(c) A locked vestibule that prevents access to tobacco products until the seller permits entry shall be deemed to meet the requirements of subsection (b). (§1, Ord. 1953, eff. 11/4/99)