VIII. Offenses By or Against Minors

Chapter 9.80
CURFEW

Sections:

9.80.010    Restrictions.

9.80.020    Parent, guardian responsibility.

9.80.030    Enforcement.

9.80.040    Penalties.

9.80.050    Enforcement procedures—Notice to correct.

9.80.010 Restrictions.

No minor under the age of 18 years shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of ten-thirty p.m. and daylight immediately following. The provisions of this section do not apply when the minor is accompanied by his or her parent or parents, guardian or other adult person having the care and custody of the minor, or 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 when the minor is returning directly home from a meeting, entertainment or recreational activity directed, supervised or sponsored by the local educational authorities, or when the presence of such minor in said place or places is connected with and required by some legitimate business, trade, profession or occupation in which the minor is lawfully engaged. (Prior code § 9950)

9.80.020 Parent, guardian responsibility.

No parent, guardian or other adult person having the care and custody of a minor under the age of 18 years shall permit or allow such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of ten-thirty p.m. and daylight immediately following, contrary to the provisions of Section 9.80.010. (Prior code § 9951)

9.80.030 Enforcement.

A.    This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive, of the Folsom Municipal Code.

B.    The police chief or designee shall enforce the provisions of this chapter. (Ord. 847 § 8 (part), 1996)

9.80.040 Penalties.

A.    A violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 through 1.10, inclusive, any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed $1,000, or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.

B.    Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.

C.    In addition to the criminal penalty set forth in Section 9.08.040(A), based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of a provision of this chapter shall be deemed a Level A violation, as that term is defined in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A). (Ord. 847 § 8 (part), 1996)

9.80.050 Enforcement procedures—Notice to correct.

A.    Prior to the suspension, revocation or denial of any license or permit, or the assessment of a fee, penalty or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Chapter 1.09. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, of the Folsom Municipal Code shall apply.

B.    A notice to correct shall not be required to commence the administrative hearing procedures set forth in Title 1 of the Folsom Municipal Code. Pursuant to Section 1.09.024(A), a notice of administrative violation shall be issued. (Ord. 847 § 8 (part), 1996)