Chapter 9.08
OFFENSES INVOLVING MINORS
Sections:
9.08.010 Possession of liquor.
9.08.030 Graffiti and graffiti devices prohibited.
9.08.010 Possession of liquor.
A. Definitions. As used in this section:
“Licensed establishment” includes any establishment, individual, firm, association or corporation licensed to sell alcoholic beverages under the regulations of the liquor board of the county.
“Minor” includes any person under the age of twenty-one years.
“Person” includes any individual, firm, association or corporation.
B. Certain Possession and Sales Unlawful.
1. It is unlawful for any person other than a parent, guardian or physician to sell, deliver or give away or otherwise furnish any alcoholic beverage in any place with the intent that the same be procured by any minor.
2. It is unlawful for any minor to purchase or consume any alcoholic beverages in any licensed establishment or elsewhere, except at the direction of a parent, guardian or physician, and it shall be unlawful for any parent or guardian of a minor to permit such minor to purchase or consume any alcoholic beverage in any licensed establishment.
3. It is unlawful for any proprietor, keeper, manager or employee of a licensed establishment to permit or allow any minor to consume any alcoholic beverage within the premises of such licensed establishment.
4. It is unlawful for any minor to have any alcoholic beverage in his custody or possession at any time, except at the direction of a parent, guardian or physician.
5. It is unlawful for any person to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document which bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document should be used by a minor for the purpose of obtaining any alcoholic beverage, or to sell, lend or give away any such card, writing, paper or document to a minor.
6. It is unlawful for any minor to use or attempt to use or proffer any counterfeited, forged, erased or obliterated card, writing, paper or document of the kind mentioned in subsection (B)(5) of this section for the purpose of obtaining any alcoholic beverage.
C. Punishment.
1. Any person found guilty of violating this section shall be punished as provided in Chapter 1.08 HCC.
2. If any licensed establishment is convicted under the provisions of this section, or if any employee of such establishment is so convicted, the liquor board of the county shall thereupon order such establishment to show cause why its license should not be revoked. (Ord. 4-20-67 §§ 1—3)
9.08.020 Curfew.
A. It is unlawful for any minor under the age of eighteen years to loiter, idle, wander or stroll, or be upon, in or about any of the public streets, avenues, alleys or other public places in the county at any time between the hours of midnight and five a.m. of the succeeding day; except that upon the written request of the principal or superintendent of any high school in the county, or upon written request on behalf of any official governmental agency, or upon written request by the lawful representative of any church in the county, directed to the sheriff, the sheriff is empowered to extend the curfew on special occasions to a later hour.
B. It is unlawful for a parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to permit such minor to loiter, idle, wander or stroll or be upon, in or about any of the public streets, avenues, alleys or other public places in the county at any time between the hours of midnight and five a.m. of the succeeding day; except that upon the written request of the principal or superintendent of any high school in the county, or upon written request on behalf of any official governmental agency, or upon written request by the lawful representative of any church in the county, directed to the sheriff, the sheriff is empowered to extend the curfew on special occasions to a later hour.
C. The provisions of subsections (A) and (B) of this section do not apply when a minor is a high school graduate or is accompanied by his or her parents, guardian or other adult person having the care and custody of the minor or supervising his activities, or where the minor is upon any emergency errand or other legitimate business directed by his or her parents, guardian or other adult person.
D. Any act of willful misconduct by a minor under the age of eighteen years which results in any injury to the property of another shall be imputed to the parents or guardian having care and custody of the minor, and the parents or guardian may, in addition to the penalties provided in subsection (E) of this section, be ordered to pay to the owner of the damaged property a sum equal to the damages sustained, but no more than three hundred dollars.
E. Any person who violates any of the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. (Ord. 10-21-71 § 1)
9.08.030 Graffiti and graffiti devices prohibited.
A. Whenever used in this section or in any ordinance amending, extending or otherwise pertaining to this section, unless otherwise specifically defined, or unless the context requires otherwise, the words and terms defined in this section shall have the meanings ascribed to them herein.
1. “Graffiti” means the unauthorized spraying, marking, etching, painting, covering, drawing upon or otherwise placing of a mark with paint, ink, dye, chalk or any other similar substance upon any public or private buildings, structures, places or property.
2. “Graffiti device” means any tool, instrument, article, substance, solution, material or compound designed or commonly used to write, etch, paint, cover, draw upon or otherwise place a mark upon a piece of property or tangible object.
B. It is unlawful for any person to write, etch, paint, cover, draw upon or otherwise place a mark upon any wall, rock, bridge, building, fences, gate, structure, tree or other real or personal property owned by any person, firm or corporation or by any public entity, agency or instrumentality without the express permission of the owner, operator or authorized agent of such property.
C. It is unlawful for any person to possess any graffiti device under circumstances evincing an intent to use the same to injure property. Possession of an unsealed spray paint can or container in a public building, park, facility, street or alley shall create rebuttable presumption of intent to use the same to injure property.
D. A Humboldt County sheriff’s deputy may, upon detecting the existence of graffiti, enter upon the private property for the purpose of inspecting and documenting the existence and nature of the graffiti and for determining ownership of the property and premises upon which the graffiti is located.
E. Graffiti may be removed by any one or more of the following methods:
1. By the private property owner or their designated representatives at the owner’s expense;
2. By the county or their designated representatives at county expense without reimbursement from the property owner if the Humboldt County sheriff’s office determines that the graffiti is located upon public or private property capable of being viewed by a person using a public right-of-way in the county, if one of the following circumstances apply:
a. The painting or repair is confined to removing or obliterating the graffiti only;
b. The property is owned by a public entity other than the county and removal of the graffiti is authorized with the consent of the public entity having jurisdiction over the property;
c. The property is privately owned and removal of the graffiti is authorized with the consent and a waiver of liability from the owner of the property; or
d. The property is privately owned and the property owner cannot be located or refuses to cooperate with the removal of the graffiti.
F. Any act of a minor resulting in injury to public or private property pursuant to this section is imputed to the parents or guardian having custody or control of the minor for all purposes of civil damages or criminal restitution, and the parents or guardian having custody or control of the minor are jointly and severally liable with the minor for all damages resulting from such act. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed ten thousand dollars for any single act of a minor resulting in injury to property pursuant to this section.
G. Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Ord. 8-15-94 § 1.1)