Chapter 9.40
CURFEW
9.40.020 Hours of curfew; application and exceptions.
9.40.050 Parental responsibility.
9.40.060 Violations and penalties.
9.40.010 Purpose and intent.
The city council declares its purpose and intent in enacting this chapter is as follows:
(1) Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief.
(2) In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.
(3) Curfew ordinances tend to reinforce parental authority and supervision and recognize that minors are not likely to have an adult’s ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior. (Ord. 1088 § 2 (part), 1989).
9.40.020 Hours of curfew; application and exceptions.
Between the hours of eleven p.m. on any day and sunrise of the immediately following day, it is unlawful for any minor to loiter, idle, wander, stroll or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, without a lawful purpose and/or in such a manner that the minor’s conduct, in light of all surrounding circumstances, reasonably leads to a conclusion that the public peace or safety is thereby threatened or that the conduct constitutes a search or wait for an opportunity to breach the public peace or safety or otherwise commit a crime, or that the minor is in need of protective custody pursuant to Sections 300, 601 or 602 of the Welfare and Institutions Code; provided, however, that the provisions of this section shall not apply when:
(1) The minor is accompanied by his or her parent or parents, adult spouse, legal guardian or other responsible adult to whom temporary custody of the minor, as well as permission to have that minor outside of the house or known place of temporary residence past the curfew hour, has been given by the parent, legal guardian or adult spouse.
(2) The minor is upon an errand directed by his or her parent or parents, adult spouse, legal guardian or other responsible adult to whom temporary custody of the minor, as well as permission to have that minor outside of the house or known place of temporary residence past the curfew hour, has been given by the parent, legal guardian or adult spouse.
(3) The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which said minor is lawfully engaged. (Ord. 1088 § 2 (part), 1989).
9.40.030 Definition of minor.
For purposes of this chapter, any person under the age of eighteen years shall be deemed a minor. (Ord. 1088 § 2 (part), 1989).
9.40.040 Enforcement.
Any person who is a peace officer is hereby authorized and empowered to demand of any person whom the officer has reasonable cause to believe is in violation of this chapter, that such person give his or her name, address, proof of age, the name of the parent, guardian or adult having care or custody of such person, and such other information as is reasonably necessary to determine whether such violation exists, and any such peace officer, may, with respect to any person said police officer believes to be in violation of this section, arrest or cite such person for violation of this chapter in accordance with the procedures set forth in Section 853.6 of the Penal Code or take said minor into protective custody pursuant to Sections 300, 601 and 602 of the Welfare and Institutions Code of the state of California. (Ord. 1088 § 2 (part), 1989).
9.40.050 Parental responsibility.
Every parent, guardian or other person having the legal care, custody or control of any minor, who knowingly aids, abets, encourages, allows or permits said minor to violate any provisions of this chapter is guilty of an infraction. (Ord. 1088 § 2 (part), 1989).
9.40.060 Violations and penalties.
Any person who violates any of the provisions of this chapter shall be guilty of an infraction and shall be punished by:
(1) A fine of one hundred dollars, for the first offense;
(2) A fine of two hundred dollars, for the second offense;
(3) A fine of three hundred dollars for each additional violation of this chapter within one year. (Ord. 1171 § 4, 1993: Ord. 1088 § 2 (part), 1989).