Chapter 9.28
OFFENSES BY OR AGAINST MINORS

Sections:

Article I. Curfew

9.28.010    Definitions for curfew provisions.

9.28.011    Curfew restrictions.

9.28.012    Penalty for violation.

9.28.013    Arrest powers not limited.

Article II. Sale and Display of Narcotic and Other Paraphernalia

9.28.050    Allowing minors on premises.

9.28.060    Minor entrance on premises.

9.28.070    Separate room and signposting.

9.28.080    Violation – Nuisance.

9.28.090    Violation – Penalty.

Article III. Display of Sexually Explicit Material

9.28.100    Display of matter harmful to minors.

9.28.120    Penalty for violation.

Article I. Curfew

9.28.010 Definitions for curfew provisions.

For purposes of this article, the following definitions shall apply:

“Curfew hours” means the period from 10:00 p.m. any evening of the week until 6:00 a.m. of the following day.

“Emergency” means an unforeseen combination of circumstances of the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

“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.

“Guardian” means: (1) a person who, under court order, is the guardian of the person of a minor, or (2) a public or private agency with whom a minor has been placed by the court.

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

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

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

“Responsible adult” means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (Ord. U-1159 § 1, 1999)

9.28.011 Curfew restrictions.

(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Palmdale during curfew hours.

(B) It is unlawful for any parent or guardian or a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

(C) It is a defense to prosecution under this section that the minor was:

(1) Accompanied by the minor’s parent or guardian, or by a responsible adult;

(2) On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor’s residence;

(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Palmdale, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Palmdale, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution; or

(9) Emancipated pursuant to law.

(D) Before taking any enforcement action under this section, a Police Officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The Officer shall not issue a citation or make an arrest under this section unless the Officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (C) of this section, is present or applicable.

(E) Each violation of this section shall constitute a separate offense. (Ord. U-1159 § 1, 1999)

9.28.012 Penalty for violation.

A violation of PMC 9.28.011 shall be punished pursuant to Chapter 1.12 PMC. (Ord. U-1159 § 1, 1999)

9.28.013 Arrest powers not limited.

Nothing in this article shall be construed as in any way affecting or limiting the power or right of Law Enforcement Officers to make such investigations, detentions or arrests as the Law Enforcement Officers would be permitted to make had this article not been enacted. (Ord. U-1159 § 1, 1999)

Article II. Sale and Display of Narcotic and Other Paraphernalia

9.28.050 Allowing minors on premises.

No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the state (other than prescription drugs and devices to ingest or inject prescription drugs) as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless the minor person is accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 370 § 1(a), 1980)

9.28.060 Minor entrance on premises.

A person under the age of 18 years shall not be, remain in, or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance (other than prescription drugs and devices to ingest or inject prescription drugs) including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless the person is accompanied by one of his or her parents, or his or her legal guardian. (Ord. 370 § 1(B), 1980)

9.28.070 Separate room and signposting.

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance (other than prescription drugs and devices to ingest or inject prescription drugs) including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. 370 § 1(C), 1980)

9.28.080 Violation – Nuisance.

The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this article, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance (other than prescription drugs or devices to ingest or inject prescription drugs) including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this article. (Ord. 370 § 1(D), 1980)

9.28.090 Violation – Penalty.

Every person who violates any of the provisions of this article is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued, or permitted, and upon conviction is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment. (Ord. 370 § 2, 1980)

Article III. Display of Sexually Explicit Material

9.28.100 Display of matter harmful to minors.

(A) For the purpose of this section, the following terms shall have the following meanings:

(1) “Matter harmful to minors” means matter taken as a whole, the predominant appeal of which to the average person, applying contemporary statewide standards, is to prurient interest, meaning a shameful or morbid interest in nudity, sex, or excretion, and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks the significant literary, artistic, political, educational, or scientific value for minors.

(2) “Matter” means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other articles, equipment, machines, or materials.

(B) No person shall knowingly display in any place open to the general public, other than a public place from which minors are excluded, any matter which is harmful to minors unless such material is located in blinder racks so that the lower two-thirds of the matter is not exposed to public view.

(C) The provisions of subsection (B) of this section shall not apply to any business which is not open to persons under the age of 18 and which has a sign posted at each door intended for public entrance which shall read:

Notice: this business displays sexually explicit materials. Admission of persons under 18 years of age unless accompanied by a parent or guardian is prohibited.

The letters composing the sign shall be a minimum of three inches high. (Ord. 939 § 1, 1991)

9.28.120 Penalty for violation.

Every person who violates any provision of this article is guilty of an infraction punishable by a fine of not more than $100.00. Every person who having been twice convicted of any violation of this article is upon each subsequent violation guilty of a misdemeanor punishable by a fine of not more than $500.00, or imprisonment in the County Jail for not more than 30 days, or both; provided, that both of the prior violations occurred within a two-year period of the subsequent violation. (Ord. 407 § 3, 1980)