Chapter 9.40


9.40.010    Definitions.

9.40.020    Prohibited activities.

9.40.030    Exceptions.

9.40.040    Enforcement procedure.

9.40.050    Violation--Penalty.

9.40.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A.    “Curfew hours” means eleven p.m. on any day until six a.m. of the following day.

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, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

C.    “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.

D.    “Minor” means any person under eighteen years of age and is synonymous with the term “juvenile” for the purposes of this chapter.

E.    “Parent” means a person who is:

1.    A natural parent, adoptive parent, or stepparent of another person; or

2.    At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

F.    “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, sidewalks, alleys, highways, and the common areas of schools, hospitals, office buildings, transportation facilities, parks, playgrounds and vacant lots.

G.    “Remain” means to:

1.    Linger or stay, whether on foot or in a vehicle; or

2.    Fail to leave premises when requested to do so by a police officer or the owner, operator, or person in control of the premises.  (Ord. 8-95 §2(part), 1995).

9.40.020 Prohibited activities.

A.    It is unlawful for a minor to remain in any public place within the city during curfew hours, except as provided in this chapter.

B.    It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place within the city during curfew hours.  (Ord. 8-95 §2(part), 1995).

9.40.030 Exceptions.

The activities prohibited by Section 9.40.020 shall not be unlawful in the following circumstances:

A.    When the minor is accompanied by the minor’s parent or guardian;

B.    When the minor is on an errand at the direction of the minor’s parent or guardian, without any detour or stop;

C.    When the minor is in a motor vehicle involved in interstate travel, or other travel through the city not in violation of this article;

D.    When the minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

E.    When the minor is involved in an emergency;

F.    When a minor is going to or returning home from a private residence, without any detour or stop, at which the minor was invited;

G.    When the minor is attending an official school, religious, recreational, educational, social, or other organized activity sponsored by the city, school district, or other similar private civic organization that supervises the activity, or when a minor is going to or returning home from, without any detour or stop, such activity;

H.    When the minor is engaging in speech or religious rights protected by the United States or California Constitutions, such as the free exercise of religion, freedom of speech, and the right of peaceful assembly;

I.    When the minor is married or has been emancipated in accordance with California Family Code Section 7000, et seq.; or

J.    When the minor is engaged in a commercial activity or receiving commercial services on the premises of a business organization that supervises and permits the activity, or when a minor is going to or returning home from, without any detour or stop, such activity or service.  (Ord. 8-95 §2(part), 1995).

9.40.040 Enforcement procedure.

Before taking any enforcement action under this section, a police officer or code enforcement officer shall ask the apparent offender’s age and reason for being in the public place.  The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred as provided in this chapter.  (Ord. 8-95 §2(part), 1995).

9.40.050 Violation--Penalty.

Any person who violates any of the provisions of this chapter shall be guilty of an infraction for the first and second violations, and, for the third or subsequent violations within one year, shall be guilty of a misdemeanor.  (Ord. 8-95 §2(part), 1995).