Chapter 9.04
CURFEW AND LOITERING
Sections:
9.04.040 Presumption of abetting by parent.
9.04.050 Issuance of order to show cause.
9.04.060 Violation of chapter is an infraction.
9.04.070 Punishment for adult violations.
9.04.010 Definitions.
A. Loitering is:
1. A person who loiters or wanders upon the streets from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable person that the public safety demands such identification.
2. A person who loiters, prowls, or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof.
3. A person who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act as set forward in subsection (C) of this section.
B. Curfew. No person under 18 years of age shall remain, loiter, idle, wander, stroll, or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place within the city between the hours 10:00 p.m. and 6:00 a.m.
C. Unlawful Acts. The unlawful acts referred to in subsection (A)(3) of this section are as follows:
1. Penal Code Section 272 (contributing to the delinquency of a minor).
2. Penal Code Section 303a (begging or soliciting customer to purchase alcoholic beverage).
3. Penal Code Section 308b (furnishing tobacco or smoking paraphernalia to a minor).
4. Penal Code Section 308b (person under the age of 18 purchasing or receiving tobacco, etc.).
5. Penal Code Section 415 (disturbing the peace).
6. Penal Code Section 594 (vandalism).
7. Penal Code Section 602.1 (blocking public access to a place of business).
8. Penal Code Section 647(a), (b), (e) and (f) (disorderly conduct, solicit lewd conduct, solicit prostitution, panhandling, no purpose and refuse I.D., intoxicated and unsafe).
9. Health and Safety Code Section 11000 et seq. (Uniform Controlled Substances Act, Offenses and Penalties). (Ord. 179, 1995)
9.04.020 Enforcement.
Any minor may be stopped and questioned by any law enforcement officer. If in the judgement of the officer it is in the best interests of such minor or the community, the minor may be detained. However, a warning citation shall be issued to the minor and immediate efforts shall be made to communicate with the parents or persons having the custody, care, or control of such minor, and he shall be released providing no crime has been committed, or suspected of being committed, by such minor to the parent or adult persons having custody, care or control of the minor, unless the parent or person is deemed unfit to assume responsible control and custody of the minor. If the parent or person having the care, custody, or control of the minor is deemed so unfit, or is proven unable to exercise custody and control of the minor, the officer must contact the county child protective services, and will detain the minor until a representative of that office arrives to take custody of the minor. If a crime has been committed or suspected of being committed, the minor may be detained and taken to the county juvenile facility. A copy of the citation, including consequences of a second violation, shall be mailed to the parent or legal guardian, notifying the parent or legal guardian that they may be held liable for actual administrative and transportation costs, and requiring the parents or legal guardian to sign and return the notification. (Ord. 179, 1995)
9.04.030 Exception.
A. When the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor; or
B. When the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor; or
C. When the minor is returning directly home from a meeting, entertainment, recreational activity or dance; or
D. When the presence of the minor is connected with his employment or business; or
E. When the minor has written permission of his parent or guardian to be out at such hour, such written permission to bear date when such permission is granted. A separate note of permission shall be drawn for each separate night that permission is granted. A general permission covering all times shall not be deemed a compliance with the provisions of this chapter. (Ord. 179, 1995)
9.04.040 Presumption of abetting by parent.
When any minor is found to be in violation of the provisions of this chapter, it shall be presumed that the parent or legal guardian having the care and custody of said minor assisted, aided and abetted said minor in the violation of the provisions of this chapter. (Ord. 179, 1995)
9.04.050 Issuance of order to show cause.
When a presumption arises that minor has violated the provisions of this chapter with the aid and assistance of the minor’s parent or legal guardian, an order to show cause shall be issued by the city attorney directing such parent or legal guardian to appear and show cause why a complaint should not be filed charging said parent or legal guardian with an infraction for violation of this chapter. (Ord. 179, 1995)
9.04.060 Violation of chapter is an infraction.
Any minor violating the provisions of this chapter, or any person aiding, assisting, or abetting any minor to violate the provisions of this chapter, shall be guilty of an infraction. (Ord. 179, 1995)
9.04.070 Punishment for adult violations.
Any person convicted of violating this chapter shall be guilty of an infraction. The punishment upon conviction shall be a fine as set forth in California Government Code Section 36900(b). This amount is currently not exceeding $100.00 for a first violation, and not exceeding $200.00 for a second violation of the same ordinance within the same year, and not exceeding $500.00 for each additional violation of the same ordinance within one year. (Ord. 179, 1995)