Chapter 5.04
LOITERING
Sections:
5.04.040 Constitutional rights.
5.04.010 Purpose.
The city finds that when minors loiter in public places at night without adult supervision, they increase the risk of criminal activity, including drug and gang activity, thereby posing a threat to both themselves and other members of the community. This regulation is therefore necessary to protect the public health, safety, and welfare. (Ord. 6-06 § 1 (part))
5.04.020 Prohibited.
It is unlawful for any minor under the age of eighteen (18) years to be in any public place within the city during the curfew hours of ten p.m. (10:00 p.m.) to daylight, except as provided under Section 5.04.030. (Ord. 6-06 § 1 (part): Ord. 12-83 § 1. Formerly 5.04.010)
5.04.030 Exceptions.
A minor under the age of eighteen (18) years shall not violate Section 5.04.020 if, at the time the minor was stopped by a police officer, the minor was:
A. Accompanied by the minor’s parent, guardian or other adult person having the care and custody of the minor;
B. On an errand at the direction of the minor’s parent or guardian, without detour or stop;
C. Driving or riding in a motor vehicle or riding on public transportation;
D. Engaged in a lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid 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. Attending or going to or returning home, without detour or stop, from a school, religious, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity;
H. Waiting at a train or bus station for transportation; or
I. Emancipated in accordance with the California Family Code or other applicable state law. (Ord. 6-06 § 1 (part): Ord. 12-83 § 2. Formerly 5.04.020)
5.04.040 Constitutional rights.
Nothing in this chapter shall be interpreted to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right of petition. (Ord. 6-06 § 1 (part))
5.04.050 Violation—Penalty.
A. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
B. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed two hundred dollars ($200) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs. (Ord. 6-06 § 1 (part): Ord. 12-83 § 3. Formerly 5.04.030)