Chapter 9.08
CURFEW

Sections:

9.08.010    Loitering by persons under eighteen.

9.08.020    Violation – Penalty.

9.08.030    Definitions.

9.08.040    Enforcement.

9.08.010 Loitering by persons under eighteen.

Every person under the age of eighteen years who loiters about the public streets, avenues, alleys, parks or public places between the hours of ten p.m. and the time of sunrise of the following day when not accompanied by his legal guardian having legal custody and control of such person, or spouse of such person over twenty-one years of age, is guilty of a misdemeanor. (Ord. 74 § 1, 1946)

9.08.020 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable as described in Section 1.16.010. (Ord. 495 § 8, 1989: Ord. 74 § 3, 1946)

9.08.030 Definitions.

A.    For purposes of this chapter, the term "loiter" shall be defined in accordance with the definitions adopted by the courts of the State of California.

B.    For purposes of this chapter, notwithstanding the fact that a person may be "loitering" as defined herein, it shall not be a violation of this chapter if the person is exercising First Amendment rights protected by the United States Constitution. (Ord. 608 § 2, 1997)

9.08.040 Enforcement.

Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender’s age and reason for being in the prohibited place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, the person is not exercising First Amendment rights protected by the United States Constitution. (Ord. 608 § 3, 1997)