Chapter 9.08
LOITERING BY MINORS
Sections:
9.08.010 Definitions for curfew provisions.
9.08.010 Definitions for curfew provisions.
As used in this chapter:
"Curfew hours" means the period from ten p.m. any evening of the week until daylight the following day.
"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 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 eighteen 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 eighteen years of age, authorized by a parent or guardian to have the care or 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 organization. (Ord. 359 §3(part), 1997)
9.08.020 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 Angels 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 Angels 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 a 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 Angels, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, recreational activity supervised by adults and sponsored by the city of Angels, 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 circumstance, no defense under Section 9.08.020(C) is present or applicable.
E. Each violation of this section shall constitute a separate offense. (Ord. 359 §3(part), 1997)
9.08.030 Penalty.
Any person in violation of Section 9.08.020 is guilty of a misdemeanor. (Ord. 514 §3 (Att. G), 2021; Ord. 359 §3(part), 1997)
9.08.040 Severability.
In any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this chapter. The city council of the city of Angels declares that it would have adopted the ordinance codified, in this chapter and each section, subsection, sentence, clause, and phrase irrespective of which other portions might subsequently be declared invalid or unconstitutional. (Ord. 359 §3(part), 1997)