Chapter 9.04
CURFEW

Sections:

9.04.010    Curfew restrictions for minors.

9.04.020    Definitions.

9.04.030    Parental responsibility.

9.04.010 Curfew restrictions for minors.

A. It is unlawful for any minor under the age of 18 to remain in any community place or establishment within the City without the consent of the owner, operator or occupant thereof between the hours of 11:00 p.m. and 6:00 a.m.

B. The provisions of this chapter shall not apply if any of the following apply:

1. The minor is accompanied by his or her parent(s), legal guardian or by his/her spouse 18 years of age or older;

2. The minor’s parent(s) or legal guardian has given the minor permission to remain in a community place or establishment during curfew hours;

3. The minor is involved in an emergency;

4. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious, or recreational activity supervised by adults;

5. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop;

6. The minor is in a motor vehicle involved in interstate travel;

7. The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion; or

8. The minor is on the sidewalk adjacent to his/her residence or the residence of a next-door neighbor and the neighbor does not complain to the Police Department about the minor’s presence.

C. Any minor who violates this section is guilty of a misdemeanor. (Ord. 555 § 2, 1999).

9.04.020 Definitions.

As used herein, the following words and phrases shall have the meanings set out:

A. “Community place” means any place to which the general public has access and includes, but is not limited to, streets, the common areas of buildings, facilities and parks.

B. “Consent of the operator, owner or occupant” means specific consent.

C. “Emergency” means one or more unforeseen circumstances or the resulting state requiring immediate action such as a fire, natural disaster, accident or situation requiring immediate action to prevent or to treat serious injury or loss to person or property.

D. “Establishment” means any privately owned place of business to which the public is invited, including but not limited to places of amusement and entertainment.

E. “Guardian” means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

F. “Minor” means any person under 18 years of age.

G. “Parent” means a person who is a natural, adoptive or stepparent or someone at least 18 years old authorized by a parent or guardian to have care, custody or control of the minor.

H. “Remain” means to stay or to fail or refuse to leave the premises after a request to do so by a person in control of the premises or by a police officer. (Ord. 555 § 2, 1999).

9.04.030 Parental responsibility.

It is unlawful for the parent or guardian knowingly to allow or permit such a minor to violate this chapter, and such parent or guardian shall be guilty of a misdemeanor. (Ord. 555 § 2, 1999).