Note: Prior history: prior code §§ 4140—4142, 4144, 4146 and 4147.
As used in this chapter:
"Curfew hours"
means:
1. 
10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday until 6:00 a.m. of the following day;
2. 
For minors 16 years and older, 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
"Emergency"
means an unforeseen combination of circumstances, or the resulting state that calls for immediate action. The term 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.
"Establishment"
means any privately owned place of business, operated for a profit, to which the public is invited, including but not limited to, any place of amusement or entertainment.
"Guardian"
means:
1. 
A person who, under court order, is the guardian of the person of a minor; or
2. 
A public or private agency with which a minor has been placed by a court.
"Minor"
means any person under the age of 18 years.
"Operator"
means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
"Parent"
means a natural parent, adoptive parent, or stepparent of another person, or a person at least 18 years of age, and authorized by a parent or guardian to have the care and custody of a minor.
"Public place"
means any place to which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, malls, shopping centers, office buildings, and transport facilities.
"Remain"
means to linger, stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(2353 § 1, 1996; 2802 § 1, 2011)
A. 
No minor shall remain in any public place or on the premises of any establishment within the City during curfew hours.
B. 
No parent or guardian of a minor shall knowingly permit, or by insufficient control allow, any minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
C. 
No owner, operator, or employee of any establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(2353 § 1, 1996; 2802 § 1, 2011)
A. 
It is a defense to prosecution under Section 8.04.020 if the minor was:
1. 
Accompanied by the minor's parent or guardian.
2. 
On an errand at the direction of the minor's parent or guardian, without any detour or stop.
3. 
In a motor vehicle involved in interstate travel.
4. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
5. 
Involved in an emergency.
6. 
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, if the neighbor did not complain to the Police Department about the minor's presence.
7. 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Garden Grove, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity, supervised by adults and sponsored by the City of Garden Grove, a civic organization, or another similar entity that takes responsibility for the minor.
8. 
Exercising First Amendment rights protected by the U.S. Constitution.
9. 
Married, or had been married, or had disabilities of minority removed by emancipation.
B. 
It is a defense to prosecution under Section 8.04.020(B) if the parent notified the Police Department that the minor was out after curfew hours without permission, or failed to obey the parents' order to stay home during curfew hours.
C. 
It is a defense to prosecution under Section 8.04.020(C) if the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(2353 § 1, 1996; 2802 § 1, 2011)
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 cite the apparent offender for violation of this chapter, unless the officer reasonably believes that an offense under Section 8.04.020 has occurred, and that none of the defenses under Section 8.04.030 are applicable.
(2353 § 1, 1996; 2802 § 1, 2011)