For purposes of this chapter:
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, an earthquake or other natural disaster, an automobile
accident, or any situation that requires immediate action to prevent
serious bodily injury or loss of life;
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;
means a person who, under court order, is the guardian of
the person of a minor, or a public or private agency with whom a minor
has been placed;
means any person under the age of 18 years;
means a person who is a natural, adoptive, or step-parent
of another person;
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, alleys, parks, and the common areas of schools, apartment
houses, condominiums, restaurants, transport facilities and shops;
means to linger or 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;
means a person at least 18 years of age, authorized by a
parent or guardian to have the care and custody of a minor.
(Ord. 2007-385 §1)
A.
It shall
be unlawful for any minor to be present in or remain in or upon the
public streets, alleys, parks, playgrounds or other public places,
establishments, vacant lots or other unsupervised places, between
the hours of 10:00 p.m. and the time of sunrise of the following day.
It shall also be unlawful for a parent or guardian of a minor to knowingly
permit, or by insufficient control, allow a minor for whom they are
responsible, to remain in any public place or on the premises of any
establishment within the City between the hours of 10:00 p.m. and
the time of sunrise of the following day.
B.
The
curfew shall not apply to the following:
1.
Any
minor accompanied by a parent, legal guardian or a responsible adult
to which custody of the minor has been given by the parent or legal
guardian; and
2.
Any
minor performing any task at the direction of his or her parent or
legal guardian, or to any minor responding to an emergency with or
without parental or guardian consent. "Task at the direction
of his or her parent or legal guardian" means a short trip in
duration of time or distance taken to perform a specified task, for
or on behalf of a person who is the juvenile's parent or guardian.
It shall be conclusively presumed that an errand was taken on behalf
of a person who is the juvenile's parent or guardian, if such
person (who is the juvenile's parent or guardian) states that
the juvenile was, at the time in question, on an errand on his or
her behalf; and
3.
Any
minor then acting within the course and scope of his or her employment;
and
4.
Any
minor on the property of, or the sidewalk directly adjacent to, or
the buildings immediately adjacent to the building in which he or
she resides, provided the minor is not otherwise in violation of the
law; and
5.
Any
minor attending organized association activity, such as school meetings,
classes or sporting events, religious meetings, dances, concerts,
theatrical performances, or similar events, or other Constitutionally
protected activity; and
(Ord. 2007-385 §1; Ord. 2008-395 §1)
It is unlawful for any minor under the age of 18 years, who
is subject to compulsory education or to compulsory continuation education
to be in or upon any public street, highway, road, alley, park, playground,
parking lot or other public ground, public place, public building,
place of amusement, eating establishment or vacant lot during the
hours of 8:30 a.m. to 1:30 p.m. on days when said minor's school
is in session. This section does not apply:
A.
When
the minor is accompanied by his or her parent, guardian, or other
adult person having the care or custody of the minor; or
B.
When
the minor is on an emergency errand directed by his or her parent
or guardian or other adult person having care or custody of the minor;
or
C.
When
the minor is going or coming directly to or from his or her place
of gainful employment or to or from a medical appointment; or
D.
To any
minor who has permission to leave school campus for lunch or school-related
activity and has in his or her possession a valid, school issued,
off-campus permit; or
E.
When
the minor is exempt by law from compulsory education or compulsory
continuation education; or
F.
When
the minor is authorized to be absent from his or her school pursuant
to the provisions of California Education Code Section 48205, or any
other applicable State or Federal law or the minor is exercising his
or her rights under the first amendment to the United States Constitution.
(Ord. 2015-432 §2)
For the purposes of this chapter, the burden of proof shall
be upon the adult person accompanying the minor to establish the fact
of the care and custody of the minor. The mere fact that the minor
is accompanied by an adult person shall not give rise to a presumption
that such adult person did in fact have the care and custody of such
minor. The burden of proof shall be met by proof of the fact that
such adult person is a person who has received the express permission
of the parent or guardian to accompany such minor or by proof that
such adult person has been entrusted with the legal custody of such
minor.
(Ord. 2007-385 §1)
Every police officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 9.08.020, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, and other information reasonably necessary to determine whether such violation exists.
(Ord. 2007-385 §1)
A violation of this section shall constitute an infraction for
the first offense. Any subsequent violation occurring within 6 months
after the first violation shall constitute a misdemeanor. At the discretion
of the City Attorney, any such violation may be prosecuted as an infraction.
(Ord. 2007-385 §1)
A.
Determination
by Court. When, based on a finding of civil liability or criminal
conviction for violations of curfew, pursuant to California Welfare
and Institutions Code Section 625.5, daytime loitering (truancy),
or willful misconduct in violation of California Welfare and Institutions
Code Section 602, a minor under 18 years of age is detained for a
period of time in excess of one hour, and said detention required
the supervision of the juvenile offender by Police Department employee(s),
the parent(s) or legal guardian(s) having custody or control of said
minor shall be jointly and severally liable for the cost of providing
such personnel over and above the services normally provided by said
department.
B.
Determination
by Chief of Police. As determined by the Chief of Police or designee,
the parent(s) or legal guardian(s) of a minor committing any public
offense amounting to an act of willful misconduct in violation of
California Welfare and Institutions Code Section 602 where police
personnel provide services relating to the detention, processing or
supervision of minors that are over and above the normal services
usually provided by the Guadalupe Police Department, may be assessed,
and billed for, the cost of providing such personnel for such services
beyond those normally provided by said department.
C.
Appeal.
Any person receiving a bill for police services pursuant to this chapter
may, within 15 days after the billing date, file a written request
appealing the imposition of said charges. Any billing sent pursuant
to this section shall inform the billed party of the right to appeal
said billing. Any appeal regarding such billing shall be heard by
the City Manager, or designee, as the Hearing Officer. Within 10 days
after the hearing, the Hearing Officer shall give written notice of
the decision to the appellant. Upon the filing of a request for an
appeal, payment of the bill for the police services shall be suspended
until notice of the decision of the Hearing Officer. If the appeal
is denied in part or in full, all amounts due to the City shall be
paid within 30 days after notice of the decision of the Hearing Officer.
(Ord. 2015-432 §2)
