Chapter 9.12
OFFENSES BY OR AGAINST MINORS
Sections:
9.12.010 Definitions for curfew provisions.
9.12.030 Permission by proprietors unlawful.
9.12.040 Violation—Penalty provision.
9.12.010 Definitions for curfew provisions.
For purposes of this chapter:
“Curfew hours” means the period from ten p.m. any evening of the week, or eleven p.m. daylight savings time, until six a.m. the following day.
“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, natural disaster, an automobile accident or any situation requiring immediate action to prevent 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: (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
“Minor” means any person under eighteen (18) years of age.
“Parent” means a person who is a natural parent, adoptive parent, or step-parent of the 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, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops, or any privately owned land that is unsupervised and is open and generally available to the public. This includes vacant lots and parking lots.
“Remain” means to: (1) linger or stay, to tarry; or (2) 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.
“Responsible adult” means a person eighteen (18) years of age or older, authorized by a parent or guardian to have the care and custody of a minor.
“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. 2007-07 § 3 (part): prior code § 5-5.01)
9.12.020 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 Winters during curfew hours.
B. It is unlawful for any parent or guardian of a minor 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 subsection A or B of this section 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, or acting in response to, 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 Winters, a civic organization, or another similar entity that takes responsibility for the minor;
8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of lawful assembly; 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 subsection C of this section is present or applicable.
E. Each violation of this section shall constitute a separate offense. (Ord. 2007-07 § 3 (part): prior code § 5-5.02)
9.12.030 Permission by proprietors unlawful.
It is unlawful 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 eighteen (18) years to loiter in such public place during curfew hours unless such person is accompanied by a parent, guardian, or other adult person, having the care and custody of such minor. (Ord. 2007-07 § 3 (part): prior code § 5-5.03)
9.12.040 Violation—Penalty provision.
Any minor violating the provisions of Section 9.12.020 shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.
Any parents, guardian or other adult person have the care and custody of a minor, violating Section 9.12.020 or any proprietor, keeper, clerk or any other persons, having charge or control of any tavern, restaurant, bar, eating place, or public dance hall, violating Section 9.12.030 shall be guilty of a misdemeanor. Upon the first violation, the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of this chapter. A designated representative of the governmental entity issuing the citation shall mail to the parents 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, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee. A designated representative of the city shall review this explanation. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption.
A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, a representative of the city shall conduct a hearing as to the validity of the fees charged and may waive payment of the fee by the minor, his or her parents or legal guardian, upon a finding of good cause. If authorized by the representative, the city may:
A. Provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control of the minor;
B. Provide for determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor the parents or legal guardian has the ability to pay the fee;
C. Provide for the performance of community service in lieu of imposition of the fee; and
D. Provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian has limited physical or legal custody and control of the minor. (Ord. 2007-07 § 3 (part); Ord. 2003-25 § 1: prior code § 5-5.04)