Chapter 9.05


9.05.000    Findings.

9.05.010    Definitions.

9.05.020    Prohibition.

9.05.030    Exemptions.

9.05.040    Constitutional rights.

9.05.050    Enforcement procedure.

9.05.060    Parent responsibility.

9.05.070    Penalty for violation.

9.05.000 Findings.

The City Council of the City of Elk Grove makes the following findings:

A. It is the goal of this curfew ordinance to reduce the number of juveniles being victimized, as well as to safeguard the community from juvenile delinquency.

B. Cities throughout the United States such as Dallas, Texas; Phoenix, Arizona; Chicago, Illinois; New Orleans, Louisiana; Denver, Colorado; and North Little Rock, Arkansas, have experienced a drop in juvenile delinquency and victimization during curfew hours as a result of adopting curfew ordinances.

C. It is the goal of the Elk Grove Police Department to protect all members of the community.

D. This chapter will strengthen the Elk Grove Police Department’s ability to provide public safety.

E. Regardless of age, all members of the Elk Grove community will benefit from this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.010 Definitions.

The definitions set forth in this section shall govern the application and interpretation of this chapter.

A. “Curfew hours” means between 10:00 p.m. and daylight.

B. “Emergency” means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury, as defined in this section, 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” means 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” 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 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. “Minor” means any person under eighteen (18) years of age.

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

G. “Public place” means:

1. Any out-of-door area to which the public or a 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-doors common areas of establishments, including, but not limited to, entryways and parking lots.

H. “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 body member or organ. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.020 Prohibition.

It is unlawful for any minor to be in any public place or establishment within the City during curfew hours, except as provided under EGMC Section 9.05.030. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.030 Exemptions.

Minors shall not be in violation of this chapter if, at the time the minor is stopped by a Police Officer, the minor is:

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. 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;

I. Emancipated in accordance with the California Family Code or other applicable State law. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.040 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 to petition. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.050 Enforcement procedure.

A. Before taking any enforcement action under EGMC Section 9.05.020, a Police Officer shall ask the apparent offender’s age and reason for being in the public place.

B. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that neither EGMC Section 9.05.040 nor any exemption under EGMC Section 9.05.030 applies. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.060 Parent responsibility.

It is unlawful for parents and guardians to permit or allow minors to violate EGMC Section 9.05.020. Each violation of this section shall constitute a separate offense. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]

9.05.070 Penalty for violation.

Any minor who violates EGMC Section 9.05.020 shall be guilty of a misdemeanor, which shall be enforced pursuant to the provisions of EGMC Chapter 1.04, and shall be dealt with in accordance with juvenile court law and procedure.

Any parent or guardian who violates EGMC Section 9.05.060 shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]