Chapter 5-4
MINORS Revised 6/23
Sections:
5-4-01 Curfew age limits and hours.
5-4-03 Parental Responsibility, fines and punishment.
5-4-06 Social host liability. Revised 6/23
5-4-01 Curfew age limits and hours.
It shall be a violation of the law punishable as an infraction for any minor under the age of eighteen (18) years to loiter, idle, wander, or roam in or upon a 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 between the hours of 11:00 p.m. on any day and 5:00 a.m. of the immediately following day; provided, however, that the provisions of this section shall not apply:
(a) to minors who are emancipated pursuant to the provisions of the California Civil Code; or
(b) when the minor is accompanied by his or her parent or parents, or legal guardian or other adult person having legal care, custody, or control of such minor; or
(c) when the minor is on an errand directed by his or her parent or parents or legal guardian or other adult person having legal care, custody, or control of such minor; or
(d) to minors responding to a bona fide emergency situation, with or without the consent of a parent, legal guardian, or other responsible adult having care, custody, or control over the minor; or
(e) when the minor is traveling to a public meeting, employment, place of public entertainment, or other recreational activity such as a movie, play, sporting event, dance, school activity, or special event; or
(f) when the minor is returning directly home by the most reasonable route from a public meeting, employment, place of public entertainment, or other recreational activity such as a movie, play, sporting event, dance, school activity, or special event; or
(g) when 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; or
(h) to minors in the United States military.
(880-CS, Amended, 08/10/1995; 848-CS, Amended, 04/21/1994)
5-4-02 Fines and punishment.
Violations of this section shall be punishable by fines of Seventy-Five and no/100ths ($75.00) Dollars for the first offense, One Hundred Fifty and no/100ths ($150.00) Dollars for the second offense, and Two Hundred Fifty and no/100ths ($250.00) Dollars for the third and subsequent offenses committed within a one (1) year time period, commencing from the date of the first violation.
(880-CS, Enacted, 08/10/1995)
5-4-03 Parental Responsibility, fines and punishment.
It shall be unlawful for any parent, legal guardian, spouse, or other responsible adult having care, custody, or control over any minor to knowingly permit, allow, or let such minor violate Turlock Municipal Code Section 5-4-01. Any violation of this section shall be punishable by fines of Seventy-Five and no/100ths ($75.00) Dollars for the first offense, One Hundred Fifty and no/100ths ($150.00) Dollars for the second offense, and Two Hundred Fifty and no/100ths ($250.00) Dollars for the third and subsequent offenses committed within a one (1) year time period, commencing from the date of the first violation.
(880-CS, Enacted, 08/10/1995)
5-4-04 Posting of signs.
Signs stating curfew times and conditions shall be posted at the following major entrances to the City of Turlock:
(a) North Golden State Boulevard at Monte Vista Avenue;
(b) Fulkerth Road at State Highway 99;
(c) West Main Street at State Highway 99;
(d) Lander Avenue at State Highway 99;
(e) East Avenue at Daubenberger Road;
(f) Monte Vista Avenue at Berkeley Avenue;
(g) Geer Road at Taylor Road;
(h) South Golden State Boulevard at South Berkeley Avenue;
(i) Taylor Road at North Walnut Avenue;
(j) North Golden State Boulevard at Taylor Road.
(880-CS, Enacted, 08/10/1995)
5-4-05 Cost recovery.
A cost recovery program shall be established by resolution of the Turlock City Council setting a flat/fixed rate per violation.
(880-CS, Enacted, 08/10/1995)
5-4-06 Social host liability. Revised 6/23
(a) Purpose. The purpose of this section is to protect public health, safety, and general welfare; discourage and decrease underage drinking and ingestion of cannabis by imposing appropriate penalties on persons responsible for parties or events where alcoholic beverages and/or cannabis are consumed or ingested by, or served to, underage persons; and facilitate the enforcement of laws prohibiting the service to, and consumption or ingestion of, alcoholic beverages and/or cannabis by underage persons.
(b) Definitions.
(1) “Alcoholic beverage” means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one (0.5%) percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
(2) “Cannabis” means any and all parts of the Cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin (including concentrated cannabis). The prohibition herein includes cannabis in any form including, but not limited to, cigarettes, vapor, food products containing cannabis or concentrated cannabis, and any other product of cannabis that can be consumed in any form.
(3) “Minor” means any person under eighteen (18) years of age.
(4) “Parent or guardian” means any person having legal care, custody or control of any minor (person under eighteen (18) years of age).
(5) “Party or event” means any gathering of five (5) or more persons for a social occasion or a social activity or for entertainment.
(6) “Residence or other private property” means a home, yard, apartment, condominium, or other dwelling unit, or a guest house, pool house, or other similar accessory structure, and whether owned, leased, rented, or used with or without compensation.
(7) “Responsible person” means any person or persons with ownership interest or right of possession in the residence or other private property including owner-occupant, lessee, subtenant, licensee, or other person having possessory control or any person that organizes, supervises, officiates, conducts, or controls the party or event at which underage consumption or ingestion of alcoholic beverages and/or cannabis occurs.
(i) If the responsible person is a minor, then the minor and the parents or guardians of that minor will be jointly and severally liable for any penalties imposed pursuant to this chapter, irrespective of whether the parents or guardians knew or should have known of the party or event or that alcoholic beverages or cannabis were intended to be made available to minors.
(8) “Underage person” means any person under the age of twenty-one (21).
(c) Unlawful.
(1) It shall be unlawful and a public nuisance constituting an immediate threat to public health and safety warranting summary abatement, for any responsible person to permit, allow, suffer, or host at a residence or other private property a party or event at which an underage person consumes, ingests, is served or is in possession of alcoholic beverages and/or cannabis.
(2) It shall be unlawful for any underage person to consume any alcoholic beverage and/or cannabis at any party or event.
(d) Summary abatement. A violation of this section may be summarily abated by all reasonable means, singularly or in combination, including, but not limited to:
(1) An order requiring the party or event to be disbanded;
(2) Enforcement under subsection (e) of this section;
(3) Issuance of a citation and/or the arrest of any law violators under any other applicable ordinances and/or statutes.
(e) Penalties.
(1) Notwithstanding any other provision of this code, a violation of this section is a misdemeanor punishable by imprisonment not exceeding six (6) months, or by fine not exceeding One Thousand and no/100ths ($1,000.00) Dollars, or by both. A violation of this section may be prosecuted by the City Attorney or redressed by civil action.
(2) Notwithstanding any other provisions of this code, a violation of this section shall be subject to an administrative penalty in the amount of One Thousand and no/100ths ($1,000.00) Dollars for each violation. Other than the amount of the administrative penalty, the penalty shall be cited and processed as an administrative citation pursuant to Chapter 2-11 TMC.
(3) Any party or event at a residence or other private property which violates this section shall be, and hereby is declared to be, a public nuisance and may be abated by the City pursuant to the provisions of this code, including but not limited to Chapter 5-5 TMC, or under any applicable provision of State law.
(4) Nothing in this section shall limit any of the other penalties provided for in State or Federal law.
(1298-CS, Rep&ReEn, 03/16/2023)