In enacting this chapter, it is the intent of the city council
to protect children of immature age, to promote the safety and good
order in the community, and to reduce the incidence of juvenile criminal
and other antisocial behavior.
(Ord. 94-20 § 2)
The word "custodial person" as used in this chapter means any
parent or legal guardian of the minor, or any person eighteen years
of age or older who is authorized by such parent or legal guardian
with the care and custody of the child.
The word "emergency" as used in 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, fire,
natural disaster, automobile accident, or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
The word "minor" as used in this chapter means a person under
the age of eighteen years.
(Ord. 97-16 § 2(E))
Every minor who is present in or upon any public or private
street, road, drive, alley or trail; any public or community park
or recreation area; any public ground, place or building; or any vacant
lot or abandoned or vacant building between the hours of ten p.m.
and the time of sunrise of the following day is guilty of an infraction
unless the minor meets one of the exceptions set forth in subsection
C of this section.
(Ord. 94-20 § 2; Ord. 97-16 § 2(A))
This chapter shall not apply if the minor is:
A. Accompanied
by a custodial person or by the minor's spouse over eighteen years
of age;
B. On an
errand directed by, and in possession of a written excuse from, a
custodial person or spouse over eighteen years of age;
C. Engaged
in or going directly to or returning directly from a school-approved
activity or one that is supervised by school personnel, a medical
appointment, a religious activity, other lawful educational or recreational
activity supervised by adults and sponsored by the school, the city,
a civic organization, or a similar entity that takes responsibility
for the child;
D. Engaged
in a lawful employment activity or in a place in connection with or
as required by a business, trade, profession, or occupation in which
the minor is lawfully engaged, or going directly to or returning directly
from such activity;
E. Engaged
in or going directly to or returning directly from any other lawful
activity with written permission from a custodial person or spouse
over the age of eighteen years of age;
F. Involved
in an emergency or seeking medical assistance;
G. Exercising
First Amendment rights protected by the United States Constitution
or the California Constitution, including, but not limited to: free
exercise of religion, freedom of speech and freedom of assembly;
H. In the
right-of-way abutting the minor's residence;
I. In a
motor vehicle involved in interstate travel;
J. Emancipated
pursuant to state law and California
Family Code Section 7000, et
seq., including, but not limited to, the following reasons: married
or in the military service;
(Ord. 94-20 § 2; Ord. 97-16 § 2(C))
A. Parental
Responsibility. Every custodial person who allows or permits a minor
in his or her custody to violate any provisions of this chapter is
guilty of an infraction.
B. Community
Service or Parenting Classes for First Offense. On a first offense,
the court may order community service or parenting classes instead
of a fine, as may be appropriate.
(Ord. 94-20 § 2; Ord. 97-16 § 2(B, D))