Chapter 9.32
CURFEW

Sections:

9.32.010    Definitions.

9.32.020    Curfew violations by minors during certain hours.

9.32.030    Exceptions.

9.32.050    Daytime curfew violations by minors.

9.32.060    Enforcement.

9.32.070    Power of law enforcement officers not limited.

9.32.010 Definitions.

For purposes of this chapter:

A.    “Curfew hours” means between the hours of eleven p.m. on any day and six a.m. of the immediately following day.

B.    “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, an earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.

C.    “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.

D.    “Guardian” means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.

E.    “Minor” means any person under eighteen years of age.

F.    “Parent” means a person who is a natural, adoptive or step-parent of another person.

G.    “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, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

H.    “Remain” means to linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

I.    “Responsible adult” means a person at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a minor.

J.    “Serious bodily injury” means bodily injury that creates a substantial risk of death, serious disfigurement or serious permanent injury. (Ord. 1534 § 2 (part), 1998: prior code § 4-7.03)

9.32.020 Curfew violations by minors during certain hours.

It is unlawful for a minor to remain in any public place or on the premises of any establishment within the city during curfew hours. It is also unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the city during curfew hours. Any person in violation of these curfew restrictions shall be guilty of a misdemeanor. (Ord. 1534 § 2 (part), 1998: prior code § 4-7.01)

9.32.030 Exceptions.

It is a defense to prosecution under Section 9.32.020 if the minor was:

A.    Accompanied by his or her parent, guardian or responsible adult;

B.    On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

C.    Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;

D.    Involved in an emergency;

E.    In a vehicle involved in interstate travel;

F.    On the sidewalk abutting the minor’s residence, or on the property of, or the sidewalk of, a residence immediately adjacent to the minor’s residence, provided that the owner or tenant of such property did not complain to the police department about the minor’s presence;

G.    Attending or returning home without any detour or stop from an activity supervised by an adult and sponsored by a school, religious organization, civic organization, public agency or a similar organization;

H.    Returning directly home from a public meeting or returning home without any detour or stop from a place of public entertainment, such as a movie, play, sporting event or dance which began prior to the time of curfew;

I.    Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly;

J.    A minor who is an emancipated minor pursuant to law; or

K.    A minor who is or has been married. (Ord. 1534 § 2 (part), 1998: prior code § 4-7.02)

9.32.050 Daytime curfew violations by minors.

A.    It is unlawful for any minor, who is subject to compulsory education or to compulsory continuation education, to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of eight thirty a.m. and one thirty p.m. on days when said minor’s school is in session. This section does not apply when:

1.    The minor has in his or her possession a written excuse from the minor’s parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’s absence from school;

2.    The minor is accompanied by is or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor;

3.    The minor is on an emergency errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor;

4.    The minor is going to or returning directly from a medical appointment or his or her place of gainful employment;

5.    The minor has permission to leave campus and the minor has in his or her possession a valid, school-issued, off-campus permit. An off-campus permit shall not be required when a minor is leaving school campus for lunch, unless it is the policy of the minor’s school to issue an off-campus permit for lunch;

6.    The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, providing such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor’s school;

7.    The presence of the minor in the place or places is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the minor is lawfully engaged;

8.    The minor, due to split sessions or year-round school, is not required at the time he or she is found, to be in attendance at school;

9.    The minor is legally enrolled in a sponsored home schooling program administered through a school district, or legally enrolled in a sponsored home schooling program administered by a parent, guardian or their designee or is otherwise exempt by law from compulsory education or compulsory continuation education;

10.    The minor is exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly;

11.    The minor is authorized to be absent from school pursuant to the provisions of California Education Code Section 48205;

12.    The minor is exempt from compulsory education or compulsory continuation education;

13.    The minor is otherwise exempted as provided by any other applicable state or federal law.

B.    A minor cited for an infraction under this section must attend a court hearing on the infraction and must be accompanied at the hearing by all custodial parents, legal guardians, or persons having the legal care or custody of the minor. If such persons fail to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said person(s) directing the person(s) to appear at the continued hearing with the minor. For purposes of this section, “custodial parent” means the parents with whom the minor resides or the parent which is given legal custody by a court of competent jurisdiction.

C.    Notwithstanding any provisions of this municipal code to the contrary, violation of this section shall be treated as an infraction to be filed in the traffic division of the juvenile court under Welfare and Institutions Code Section 256.

D.    The fines imposed for violation of this section shall be established by resolution of the city council. The court may set aside the fine imposed by this section, or any portion thereof, if the fine is based on the minor’s first infraction under this section and provided that the minor produces satisfactory proof to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

1.    The minor has had no unexcused absences from school; and

2.    The minor has performed ten hours of court-approved community service during times other than the minor’s hours of school attendance; or

3.    The minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor has attended a parenting class or a series of parenting classes approved by the court. (Ord. 1573 § 2, 1999: Ord. 1534 §§ 4, 5, 1998; Ord. 1505 § 2, 1996: Ord. 1485 § 2, 1995)

9.32.060 Enforcement.

Before taking any action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in the public place.

A.    The peace officer shall not issue a citation or make an arrest under Section 9.32.020 unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no exception listed in Section 9.32.030 is present.

B.    The peace officer shall not issue a citation or make an arrest under Section 9.32.050 unless the officer reasonably believes that an offense has occurred and that based on the response and other circumstances, no exception listed in Section 9.32.050C is present. (Ord. 1534 § 6, 1998)

9.32.070 Power of law enforcement officers not limited.

Nothing contained in this chapter shall be construed in any way to limit the power or right of law enforcement officers to make such investigations, detentions, or arrests as such law enforcement officers would be permitted to make had this chapter not been enacted. (Ord. 1534 § 3, 1998; prior code § 4-7.04)