Chapter 9.50
CURFEW

Sections:

9.50.010    Definitions.

9.50.020    Curfew regulations.

9.50.030    Penalties for violations.

9.50.010 Definitions.

For purposes of this chapter, the following definitions apply:

A. “Curfew hours” means: (1) the period from eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until five a.m. the following day; and (2) the period from 12:01 a.m. until five a.m. on any Saturday or Sunday.

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, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury, loss of life or major damage to real property. “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.

C. “Establishment” means any privately-owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

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

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

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

H. “Private place” means any place that is neither a public place nor an establishment.

I. “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, parks, and the common areas of schools, hospitals, local transportation facilities and shops.

J. “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, and not engaged in any unlawful activity. (Ord. 1562 § 1 (part), 2011)

9.50.020 Curfew regulations.

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 San Luis Obispo during curfew hours.

B. It is unlawful for any parent or guardian of 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 of San Luis Obispo during curfew hours.

C. It is a defense to prosecution under subsection A or B of 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 from an employment activity to a private place 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 San Luis Obispo, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning from an official school, religious, or other recreational activity supervised by adults and sponsored by the city of San Luis Obispo, a civic organization, or another similar entity that takes responsibility for the minor to or from a private place without any detour or stop;

8. Exercising First Amendment rights protected by the United States Constitution, or going to or returning from the exercising of those First Amendment rights to or from a private place without any detour or stop;

9. Travelling from an activity listed in this subsection C to another activity listed in this subsection C, without any detour or stop;

10. Emancipated pursuant to law;

11. Going to or returning from any private place, without detour or stop.

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 police 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. 1562 § 1 (part), 2011)

9.50.030 Penalties for violations.

A. Any minor violating Section 9.50.020(A) is guilty of an infraction punishable by (1) a warning for the first violation; (2) a fine not to exceed one hundred dollars and/or ten hours of community service for the second violation; (3) a fine not to exceed two hundred dollars and/or twenty hours of community service for the third or subsequent violation of this section. Community service shall be served during a time other than the minor’s hours of school attendance or employment.

B. Notwithstanding any other provision of this code, when a minor is charged with a violation of this chapter, and a police officer issues a notice to appear, the charge shall be deemed an infraction unless another disposition is elected under Welfare and Institutions Code Section 601 or 602 or other applicable state laws.

C. Any parent or guardian violating Section 9.50.020(B) is guilty of an infraction punishable by (1) a fine not to exceed one hundred dollars and/or ten hours of community service for the first violation; (2) a fine not to exceed two hundred fifty dollars and/or twenty-five hours of community service for the second violation; (3) a fine not to exceed five hundred dollars and/or fifty hours of community service for the third or subsequent violation of this section. (Ord. 1562 § 1 (part), 2011)