VII. Offenses By or Against Minors
Chapter 9.76
CURFEW
Sections:
9.76.030 Exceptions to curfew.
9.76.040 Violation of curfew by minor – Punishment.
9.76.050 Responsibility of adult for curfew violations.
9.76.060 Minor curfew, loitering or willful misconduct – Cost recovery.
Prior legislation: Ord. 318.
9.76.010 Intent.
In enacting this chapter, it is the intent of the City Council to protect children of immature age, to promote the safety and good order in the community, and to reduce the incidence of juvenile criminal and other anti-social behavior. [Ord. 1010 § 2, 1995].
9.76.020 Curfew established.
A. It is unlawful for any person under the age of 18 years be present in or upon public streets, highways, roads, alleys, parks, playgrounds, places of amusement, eating places, vacant lots, unsupervised places, or other public grounds, places or buildings between the hours of 10:00 p.m. and 5:00 a.m. of the day immediately following.
B. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 7:00 a.m. and 4:00 p.m., or such other hours as designated by the respective school district, on days when school is in session. [Ord. 1046 § 1, 1999; Ord. 1010 § 2, 1995].
9.76.030 Exceptions to curfew.
The provisions of LEMC 9.76.020 shall not apply in the following circumstances:
A. When the person who is under 18 years of age is accompanied by his or her parent, guardian or other adult person having the care and custody of the person who is under 18 years of age.
B. When the person who is under 18 years of age is returning directly home from school, church or a school-sponsored or church-sponsored meeting, entertainment, recreational activity, dance, or place of lawful employment.
C. When the person who is under 18 years of age is going directly from home to school or church or to a school-sponsored or church-sponsored meeting or to a place of lawful employment.
D. When the person who is under 18 years of age is accompanied by his or her adult spouse.
E. When the person who is under 18 years of age is directly en route from school or from a school-sponsored or church-sponsored meeting, entertainment, recreational activity, dance or place of lawful employment to a place where food is served to the public. This exception shall continue during the time which is reasonably required to obtain and consume food at such place and to proceed directly home from such place. This exception shall not apply in connection with a violation of LEMC 9.76.020(B).
F. When the person who is under 18 years of age is performing, or is en route directly home from performing, an emergency errand pursuant to the request of an adult person who is charged with the care and custody of the minor performing the errand.
G. When the person who is under 18 years of age is:
1. In a motor vehicle involved in interstate commerce;
2. On the sidewalk abutting the minor’s residence;
3. Emancipated pursuant to State law.
H. When the person who is under 18 years of age is involved in an emergency. “Emergency” as used herein 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.
I. When the person who is under 18 years of age is exercising First Amendment rights of speech or associational activity protected by the California or United States Constitution.
J. The following exceptions shall only apply in connection with a violation of LEMC 9.76.020(B) but shall not apply to a violation of LEMC 9.76.020(A):
1. The person who is under 18 years of age is going to or returning from a medical appointment without detour or stop.
2. The person who is under 18 years of age is in possession of valid proof that he or she is a student who has permission to leave the school campus. [Ord. 1046 §§ 2, 3, 1999; Ord. 1010 § 2, 1995].
9.76.040 Violation of curfew by minor – Punishment.
A. Each person under the age of 18 years who violates LEMC 9.76.020 or causes, permits, aids, abets, suffers, conceals or conspires in the violation of any provision of LEMC 9.76.020 shall be guilty of an infraction and shall be dealt with in accordance with the State law and procedures governing the prosecution of minors who are charged with infractions.
B. Nothing contained in this section shall be construed to prohibit the diversion of juvenile violators of LEMC 9.76.020 or subsection (A) of this section to noncriminal programs for disposition of such violations, such as youth court proceedings. [Ord. 1010 § 2, 1995].
9.76.050 Responsibility of adult for curfew violations.
Each parent or guardian or other adult person having the legal care or custody of a person under the age of 18 years, who causes, permits, aids, abets, suffers or conceals the violation of any provision of LEMC 9.76.020, or who conspires with any other person to the end that any provision of LEMC 9.76.020 shall be violated, shall be guilty of an infraction or a misdemeanor in accordance with the provisions of Chapter 1.16 LEMC and, upon the conviction thereof, shall be punished in accordance with the provisions of Chapter 1.16 LEMC. [Ord. 1010 § 2, 1995].
9.76.060 Minor curfew, loitering or willful misconduct – Cost recovery.
A. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, daytime loitering (truancy) or willful misconduct in violation of Welfare and Institutions Code Section 602, a minor under 18 years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by Police Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said Department.
B. Determination by Chief of Police. As determined by the Chief of Police or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amount to an act of willful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said Department.
C. Appeal. Any person receiving a bill for police services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the hearing officer. [Ord. 1046 § 4, 1999].