Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 280, 432, 463, 470, 530, 930-96 and 1013-03.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
For the purposes of this chapter, certain words and phrases
used herein are defined as follows:
(a)
MINOR CHILD – Shall mean any person less than 18 years of age.
(b)
ADULT – Shall mean any competent person over 18 years of age.
(c)
PARENT – Shall mean any person over 18 years of age who is
the natural or adopted parent, relative, or guardian of a minor child.
(d)
GUARDIAN – Shall mean: (1) a person who, under court order,
is the guardian of the person of a minor; or (2) a public or private
agency with whom a minor has been placed by a court; or (3) a person
who is at least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
(e)
OCCUPANCY – Shall include, but not be limited to, the presence
within any room in a hotel which is required to hold a business license
permit from the City.
(f)
HOTEL – Shall mean any hotel or apartment house which holds,
or is required to hold, a business license permit from the City.
(g)
ROOM – Shall mean and include any rental unit, hotel room,
apartment, or any type of hotel accommodation.
(h)
EMERGENCY – Shall mean an unforeseen circumstance or circumstances
or a situation that calls for immediate action to prevent serious
bodily injury or loss of life. "Emergency" includes, but is not limited
to, a fire, a natural disaster, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
(i)
ERRAND – Shall mean a trip to carry a message or do a definite
thing.
(j)
PUBLIC PLACE – Shall mean any out-of-doors area to which the
public or a substantial group of the public has access, including
but not limited to streets, highways, sidewalks, alleys, parks, playgrounds,
or other public grounds, and the out-of-doors common areas of establishments,
including but not limited to entryways and parking lots.
(k)
REMAIN – Shall mean to linger or stay or fail to leave a public
place when requested to do so by a police officer or the person in
control of the public place.
[§ 1, Ord. 1016-03, eff. September 4, 2003; §§ 1, 2, Ord. 1076-08, eff. October 16, 2008; § 1, Ord. 1086-09, eff. November 5, 2009]
(a)
It shall be unlawful for any minor to be or remain in or upon any
public street, highway, park, vacant lot or other public place between
the following hours: from September 15 through June 15, Sundays through
Thursdays —10:00 p.m. and 5:00 a.m. of the following day; from
September 15 through June 15, Fridays and Saturdays — 11:00
p.m. and 5:00 a.m. of the following day; and from June 26 through
September 14, any day — 11:00 p.m. and 5:00 a.m. of the following
day. This section shall not apply when:
(1)
The minor is accompanied by his parent or parents, legal guardian,
or responsible person who is over the age of 18 and approved by the
minor's parent or legal guardian, or by his or her spouse who
is 18 years of age or older;
(2)
The minor is engaged in an errand directed by his parent or
parents, legal guardian, or other person having the legal care or
custody of the minor, or by his or her spouse who is 18 years of age
or older;
(3)
The minor is going to or coming directly from their place of
gainful employment or volunteer activity, a school, community group,
or church sponsored meeting or event, a supervised recreational activity,
or a medical facility for treatment. This exception shall also apply
if the minor is in a public place during curfew hours in the course
of his employment, provided the minor carries a written statement
from the employer attesting to the place and hours of employment;
(4)
The minor is coming directly home from a public meeting, or
a place of public entertainment, such as a movie, play, or sporting
event. This exception will apply for 1/2 hour after the completion
of the event, but in no case beyond either 11:00 p.m. (when the restriction
begins at 10:00 p.m. for that particular day) or midnight (when the
restriction begins at 11:00 p.m. for that particular day).
(5)
The minor is responding to or acting pursuant to an emergency;
(6)
The minor is exercising rights protected by the United States
Constitution;
(7)
The minor is emancipated in accordance with the California Family
Code or other applicable law.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
(a)
It shall be unlawful for any minor who is subject to compulsory education
or compulsory continuing education to be absent from school and found
in a public place. This section shall not apply when:
(1)
The minor has in his or her possession a written excuse from
the minor's parent, as defined, which excuse provides a reasonable
explanation, as determined by the court, for the minor's absence
from school;
(2)
The minor is accompanied by his or her parent or legal guardian;
(3)
The minor is upon an emergency errand directed by his or her
parent or legal guardian;
(4)
The minor is going to or returning directly from a medical appointment;
(5)
The minor has permission to leave school grounds and has in
his or her possession a valid, school-issued off-campus permit or
other written permission from the principal or a teacher;
(6)
The minor is going to or directly returning from a school-approved
or school-supervised activity, meeting or event;
(7)
The presence of the minor is connected with or required by a
school- approved or school-related business, trade, profession or
occupation in which the minor is lawfully engaged.
(8)
The minor is exercising rights protected by the United States
Constitution.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
(a)
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception under § 5-6.02 or 5-6.03, as applicable, is present.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
(b)
Any minor violating any of the provisions of this chapter shall be
subject to the following penalties:
(1)
A first offense shall be punishable by a fine to be determined
by the court but not to exceed $100 or the performance of equivalent
hours of community service;
(2)
A second offense within 12 months shall be punishable by a fine
to be determined by the court but not to exceed $150 or the performance
of equivalent hours of community service;
(3)
A third offense within 12 months shall be punishable by a fine
to be determined by the court but not to exceed $250 or the performance
of equivalent hours of community service;
(4)
Four or more offenses within 12 months shall be punishable as
determined to be appropriate by the court as provided by Welfare and
Institutions Code § 258.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
[§ 1, Ord. 1016-03, eff. September 4, 2003]
(a)
Each violation of the provisions of § 5-6.06 shall constitute a separate offense and shall be an infraction.
(b)
A parent or guardian violating any of the provisions of this chapter
shall be subject to the following penalties:
(1)
Upon the third offense within a twelve-month period by the minor,
the parent or guardian(s)' violation shall be punishable by a
fine to be determined by the court but not to exceed $100 or the performance
of equivalent hours of community service;
(2)
Upon the fourth offense within a twelve-month period by the
minor, the parent or guardian(s)' violation shall be punishable
by a fine to be determined by the court but not to exceed $150 or
the performance of equivalent hours of community service and/or attendance
at a parenting class approved by the court;
(3)
Upon a fifth and subsequent offenses within a twelve-month period
by the minor, the parent or guardian(s)' violation shall be punishable
by a fine to be determined by the court but not to exceed $250 or
the performance of equivalent hours of community service and/or attendance
at a parenting class approved by the court.
[§ 1, Ord. 1016-03, eff. September 4, 2003]
(a)
It shall be unlawful for any hotel owner, operator, or employee or
owner of or agent for a transient rental unit to permit the occupancy
of any room or unit by a minor child unless such minor child is accompanied:
[§ 1, Ord. 1016-03, eff. September 4, 2003]
No adult or parent who registers with a minor child as provided in § 5-6.09 shall, except in case of sickness, death, or act of God, fail to remain registered for a period at least equal in duration to the longest period of occupancy by any minor child with whom he originally registers.
