[Ord. No. 4543, 5-6-2019]
For the purposes of this Article, the following words and phrases
are defined as follows:
ADULT
A person eighteen (18) years of age or older
CHILD
Any person under eighteen (18) years of age.
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of eighteen (18).
PARENT
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
PARENTAL NEGLECT
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.
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.