Chapter 16
CURFEW FOR MINORS UNDER 18 YEARS OF AGE
Sections:
5-16.04 Enforcement procedure.
5-16.05 Duties of innkeepers, managers of hotels and apartments, and others.
5-16.06 Admittance of minors to certain places during curfew hours.
5-16.07 Minors prohibited in poolrooms.
5-16.08 Minors prohibited in poolrooms: Notice.
5-16.09 Penalties for violations.
5-16.01 Definitions.
For purposes of this chapter, certain words and phrases used herein are defined as follows:
(a) “Curfew hours” shall mean the hours between 11:00 p.m. to 5:00 a.m. for minors under the age of eighteen (18) years.
(b) “Emergency” shall mean an unforeseen circumstance, circumstances, or the result in situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(c) “Establishment” shall mean any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or recreation.
(d) “Guardian” shall mean any of the following:
(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 a court; or
(3) A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
(e) “Tarry,” as used in this chapter, shall mean remaining, wandering, strolling, or playing without apparent purpose and while not under the control or supervision of a parent, guardian, or adult designated by a parent or guardian.
(f) “Minor” shall mean any person under eighteen (18) years of age.
(g) “Parent” means a person who is a natural parent, adoptive parent, or step-parent of a minor.
(h) “Public place” shall mean any of the following:
(1) Any out-of-door area to which the public or substantial group of the public has access, including but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and
(2) The out-of-door common areas of any establishment, including but not limited to, entry ways and parking lots.
(i) “Remain” shall mean to: linger, stay, or fail to leave a public place when requested to do so by a police officer or the person in control of the public place.
(j) “Serious bodily injury” shall mean 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.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.02 Prohibition (tarry).
It is unlawful for an unemancipated minor (under the age of eighteen (18)) to tarry in any public place between the hours of 11:00 p.m. and 5:00 a.m.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.03 Exemptions.
A minor under the age of eighteen (18) years old shall not be in violation of this chapter if, at the time the minor was stopped by a police officer, the minor was:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;
(e) Acting in response to an emergency;
(f) On the sidewalk abutting the minor’s residence or abutting the residence which is immediately adjacent to the minor’s residence;
(g) Returning directly home without detour or stop, from a school, cultural, sport, amusement, entertainment, movie, or recreation activity; or any organized rally, demonstration, meeting or similar activity;
(h) Waiting at a train or bus station for transportation;
(i) Emancipated in accordance with the California Family Code or other applicable state law.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.04 Enforcement procedure.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption under Section 5-16.03 applies.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.05 Duties of innkeepers, managers of hotels and apartments, and others.
Each owner, agent, manager, or keeper of a hotel, boardinghouse, lodging house, tenement house, motor court, or apartment house within the City shall immediately report to the Police Department the presence in such place of any and all minors whom he has reason to believe to be under the age of eighteen (18) years unless such minors are accompanied by the parent, guardian, or other adult person having the care and custody of such minors. In making such report, such owner, agent, manager, or keeper shall state the name, age, last known place of abode, and the names and residences of the parents, guardians, or other custodians of such minors, so far as such information can be ascertained.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.06 Admittance of minors to certain places during curfew hours.
It shall be unlawful within the City for any proprietor, keeper, clerk, or any other person having charge or control of any public place of business to permit any person under the age of eighteen (18) years to loiter in such public place between the hours set forth in Section 5-16.02 of this chapter unless such minor is accompanied by a parent, guardian, or other adult person having the care and custody of such minor.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.07 Minors prohibited in poolrooms.
(a) Except as otherwise provided in this section, it shall be unlawful for any person, either as owner, principal clerk, agent, servant, or employee of any public billiard or poolroom, or combination billiard and poolroom, conducted, maintained, or operated in the City, where one or more billiard, pool, or combination billiard and pool tables are kept for hire or public use, to permit, allow, or suffer any minor under the age of eighteen (18) years to visit, enter, remain in, or frequent any such public billiard or poolroom, or combination billiard and poolroom.
(b) Upon the application of the owner, and after investigation, should the Chief of Police find that the applicant’s billiard or poolroom, or combination billiard and poolroom, is suitable for use and patronage of minors between the ages of sixteen (16) and eighteen (18) years and is not detrimental to the morals, welfare, and well-being of minor patrons or the general public welfare, a permit may be issued to the applicant permitting the billiard or poolroom, or combination billiard and poolroom, to be visited, occupied, and used by minors between the ages of sixteen (16) and eighteen (18) years subject to the following conditions:
(1) No minor under the age of eighteen (18) years may frequent, nor be permitted to frequent, any billiard or poolroom, or combination billiard and poolroom, during the hours in which any public school is in session within the City.
(2) No minor under the age of eighteen (18) years may frequent a billiard or poolroom, or combination billiard and poolroom, after the hour of 10:00 p.m. on any day following which any public school shall be in session in the City, nor after 12:00 midnight on any other day.
(3) There shall be no alcoholic beverages served or consumed, nor permitted to be served or consumed, in a billiard or poolroom, or combination thereof, which such minors are permitted to frequent.
(4) The light at the playing level of the tables in any billiard or poolroom frequented by minors under the age of eighteen (18) years shall be at least fifty (50) footcandles, and the area of play set aside for minors shall be completely open to full view from a street.
(5) The billiard or poolroom frequented by minors under the age of eighteen (18) years, as provided for in this section, shall be supervised by an adult person over the age of twenty-one (21) years at all times during which any such minors are present, and such supervisor shall be responsible for the prevention of the violation of any law, State or local, by any occupants of such billiard or poolroom. Such supervisor shall apply to the Police Department and obtain a permit to act as such supervisor before so acting.
(c) Whenever a permit has been issued as provided in subsection (b) or section (5) of subsection (b) of this section, and the Chief of Police has reason to believe that any of the above enumerated conditions and regulations have not been complied with, the permit shall be immediately revoked or suspended, and all minors between the ages of sixteen (16) and eighteen (18) years of age shall be immediately removed from the premises, and the provisions of subsection (a) of this section shall apply and be in force.
(d) School shall be deemed to be in session from the beginning of the first class in any school to the end of the last class in any school.
(e) Should any permit granted or refused hereunder or, if granted, subsequently be revoked or suspended by the Chief of Police, the aggrieved permittee may appeal to the Council in the manner prescribed in Chapter 4 of Title 1 of this Code. Pending the hearing of such appeal, there shall be no stay of execution of the order of the Chief of Police suspending or revoking such permit.
(f) Nothing in this section shall prohibit any minor under the age of eighteen (18) years from entering, visiting, or frequenting any pool hall, billiard room, or combination thereof, or from being allowed to play therein by the proprietor or person in charge at any time when accompanied by a parent or legal guardian of such minor provided no alcoholic beverage is served, sold, or consumed, nor permitted to be served, sold, or consumed, in a billiard or poolroom, or combination thereof, in which such minors are permitted to frequent and in which they may play, and provided no part of such premises is used as a card room.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.08 Minors prohibited in poolrooms: Notice.
Every person, either as owner, principal clerk, servant, or employee, who owns, manages, conducts, or operates any public billiard or poolroom, or combination billiard and poolroom, in the City shall post conspicuously and keep so posted in his place of business a copy of the provisions of this chapter.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)
5-16.09 Penalties for violations.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile court law and procedure.
(§ 1, Ord. 987-95 C-M, eff. November 16, 1995)