[Ord. No. 4543, 5-6-2019]
For the purposes of this Article, the following words and phrases
are defined as follows:
A person eighteen (18) years of age or older
Any person under eighteen (18) years of age.
Guardian appointed by court of competent jurisdiction.
Any person under the age of eighteen (18).
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any offense.
[Ord. No. 4543, 5-6-2019]
A.
It
shall be unlawful for a person at least fifteen (15) years of age
but under the age of eighteen (18) to be in or upon any public place
or way within the City of Berkeley between the hours of 10:00 P.M.
and 6:00 A.M.
B.
Responsibility
Of Parent. The parent, guardian or other adult person having the care
and custody of a person under the age of eighteen (18) years shall
not knowingly permit such person to violate this Section.
C.
Notice
To Parent. Any Police Officer finding any person under the age of
eighteen (18) years violating the provisions of this Section shall
warn such person to desist immediately from such violation and shall
promptly report the violation to his/her superior officer, who shall
cause a written notice to be served upon the parent, guardian or person
in charge of such person, setting forth the manner in which this Section
has been violated.
D.
Service
Of Notice. The written notice provided in Subsection ( D) may be served
by leaving a copy thereof at the residence of such parent, guardian
or person in charge of the person in violation of this Section, with
any person found at such residence over the age of eighteen (18) years,
or by mailing such notice to the last-known address of such parent,
guardian or person in charge of such person, wherever such person
may be found.
A.
Whenever
a minor shall be arrested or detained for the commission of any offense
within the City, the Police Department shall, as soon as possible
thereafter, deliver written notice to the minor's parent of the arrest
or detention, and such notice shall advise the parent of his/her responsibility
under this Section. The notice shall be in such a form as to be signed
by the notified parent signifying receipt thereof. If the parent refuses
to sign said notice, the notifying Police Officer shall indicate such
refusal on the notice.
B.
No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any offense.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).
No person shall sell, lend, give away, show, or have in his/her
possession with intent to sell or give away, or show, or advertise,
or otherwise offer for loan, gift, or distribution to any minor child
any book, pamphlet, magazine, newspaper, story paper, or other printed
paper devoted to the publication of, or principally made up of criminal
news, Police reports, or accounts of criminal deeds, or pictures or
stories of deeds of bloodshed, lust, or crime, or devoted to lewd,
lascivious, or obscene writings, stories, narratives, or pictures.
No person shall exhibit upon any street or in any other place within
the view, or which may be within the view of any minor child, any
book, magazine, pamphlet, newspaper, story paper, or other paper or
publication coming within the description of matters mentioned in
this Section. No person shall hire, use, or employ any minor child
to sell or give away, or in any manner distribute, or no person having
the care, custody, or control of any minor child shall permit such
child to sell, give away, or in any manner to distribute, any book,
magazine, pamphlet, newspaper, story paper, or other paper or publication
coming within the description of matters mentioned in this Section.
