It is the intent of this section
to provide for the protection of minors from each other and from other
persons, for the enforcement of parental control over and responsibility
for children, for the protection of the general public, and for the
reduction of the incidence of juvenile criminal activities. However,
it is not the purpose of this section to prohibit otherwise lawful
activity nor infringe legally protected rights of minors and parents.
(Ord. 1963 §
1, 1986; Ord. 3179 § 1, 1998)
The following definitions are applicable
to this chapter:
Curfew hours.
The period from 10:00 p.m. any night until 6:00 a.m. the
following morning.
Emergency.
Unforeseen circumstance or a situation that calls for immediate
action. The term includes, but is not limited to, an automobile accident,
fire or explosion, natural disaster or any condition requiring immediate
action to prevent injury or loss of life.
Establishment.
Any privately-owned place of business operated for profit
to which the public is invited including, but not limited to, any
place of amusement or entertainment.
Guardian.
(1) A person who, under court order, is the guardian of the
minor; or (2) a public or private agency with whom the minor has been
placed by the court.
Minor.
Any person under 18 years of age.
Operator.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment.
Parent.
A person who is the natural parent, adoptive parent or step-parent
of a minor.
Public place.
Any place the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways,
common areas of schools, hospitals, apartment houses, office buildings,
transport facilities and shops.
Remain.
(1) To linger, stay or be present; or (2) fail to leave the
premises when requested to do so by a peace officer, the owner, operator
or other person in control of the premises.
Responsible adult.
A person at least 18 years of age and authorized by a parent
or guardian to have care and custody of a minor.
(Ord. 3179 §
2, 1998)
It is unlawful for any minor to remain
in any public place or on the premises of any establishment within
the city during curfew hours, unless accompanied by his or her parent,
guardian, or responsible adult.
(Ord. 3179 §
2, 1998)
It shall not be a violation of the
curfew established in this chapter if a minor is:
A. On an errand at the direction of his or
her parent, guardian, or responsible adult, without detour or delay;
B. Involved in an activity with the permission
or his or her parent, guardian, or responsible adult. Examples include,
but are not limited to:
1.
Social activity or meeting organized
by adults
4.
Recreational or sports activity
C. Responding to an emergency situation.
D. In a motor vehicle while engaged in intrastate
or interstate travel.
E. Engaged in employment as required by some
legitimate business, trade, profession, newspaper route, or occupation,
or going to or returning home from employment, without detour or delay.
F. On the sidewalk adjacent to the minor’s
residence with the permission of his or her parent, guardian or responsible
adult.
G. Returning directly home without detour
or delay by vehicle, public transportation, bicycle, walking or any
other form of transportation.
H. Traveling to another residence with the
permission of the minor’s parent, guardian, or responsible adult,
without detour or delay.
I. Present at, or traveling to and from without
detour or delay, any religious, expressive, or associative activity
protected by the First Amendment.
K. Emancipated pursuant to law.
(Ord. 3179 §
2, 1998)
Before taking any enforcement action
under this chapter, a peace officer shall ask the apparent offender’s
age and reason for being in a public place or on the premises of an
establishment during curfew hours. The officer shall not issue a citation
or detain a minor under this chapter unless the officer reasonably
believes an offense has occurred and based upon the minor’s
response and other circumstances, no exception under this chapter
appears present or applicable.
(Ord. 3179 §
2, 1998)
Any person who violates a provision
of this chapter is guilty of a separate offense for each day or part
of a day during which the violation is committed. A violation of this
chapter shall result in a misdemeanor.
(Ord. 3179 §
2, 1998)
If any section, subsection, sentence,
clause, phrase or portion of this chapter is for any reason deemed
or held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining portion of this chapter. The city council of the
City of Roseville hereby declares that it would have adopted the ordinance
codified in this chapter and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact any one or more
sections, subsections, clauses, phrases or other portions might subsequently
be declared invalid or unconstitutional.
(Ord. 3179 §
2, 1998)
Instances of large parties and disturbances
both at rental facilities and private homes often disturb the public
peace, safety, and welfare of members of the community. These incidents
can also jeopardize the welfare and safety of those in attendance
due to assaultive and/or destructive behavior.
The purpose of this chapter is to
protect the public health, safety, and general welfare of people and
premises in the city, including the quiet enjoyment of property, by
enhancing the ability of law enforcement to deter the consumption
of alcohol, marijuana, or other controlled substances by minors and
to hold adult hosts accountable for ensuring minors are not consuming
alcoholic beverages, marijuana, or other controlled substances.
(Ord. 5557 §
1, 2015)
The words and phrases used in this
chapter have the meanings set forth in this section.
“Alcoholic beverage”
means alcohol, spirits, liquor, wine, beer, and any liquid
or solid containing alcohol, spirits, wine, or beer, and which contains
one-half of one percent or more of alcohol by volume and which is
fit or used for beverage purposes either alone or when diluted, mixed,
or combined with other substances.
“Controlled substance”
means those controlled substances set forth in Sections 11054,
11055, 11056, 11057, and 11058 of the California Health and Safety
Code, identified as Schedules I through V, inclusive, as said sections
now exist or may hereafter be amended.
“Gathering”
means a party, or event, where a group of three or more persons
have assembled or are assembling for a social occasion or social activity.
“Guardian”
means: (1) a person who, under court order, is the guardian
of the juvenile; or (2) a public or private agency with whom the juvenile
has been placed by the court.
“Minor(s)”
means any person under 21 years of age.
“Parent”
means a person who is the legal natural parent, adoptive
parent or step-parent of a juvenile.
“Premises”
means any parcel(s) of property owned, leased, occupied,
or under the control of a person.
“Social host”
means any person having ownership or control of a premises,
or is responsible for organizing a gathering, who knowingly permits
or allows, tacitly or otherwise, a gathering or unruly gathering,
as those terms are defined in this chapter, to occur on private property.
“Unruly gathering”
shall mean a party, event or gathering where three or more
persons are present at a residence or other private property in which
alcoholic beverages, marijuana, and/or controlled substances are being
consumed or possessed and upon which unruly conduct occurs. Illustrative
of such unruly conduct is excessive noise, excessive traffic, obstruction
of public streets by crowds or vehicles, public drunkenness, or unlawful
public consumption of alcohol, marijuana, or controlled substances,
assaults, batteries, fights, domestic violence or other disturbances
of peace, vandalism, litter, and any other conduct which constitutes
a threat to public health, safety, quiet enjoyment of property or
general welfare.
(Ord. 5557 §
1, 2015)
It is unlawful and a public nuisance
to intentionally violate any of the provisions of this chapter, including,
but not limited to, hosting, permitting, or allowing, tacitly or otherwise,
an unruly gathering on any private property. Violation of this chapter
may be charged as either an infraction or a misdemeanor in the discretion
of the city attorney.
(Ord. 5557 §
1, 2015)
The violation of any provision of
this chapter shall be and is hereby declared to be contrary to the
public interest and shall, at the discretion of city, create a cause
of action for injunctive relief.
(Ord. 5557 §
1, 2015)
In addition to the civil remedies
and criminal penalties set forth herein, any person that violates
the provisions of this chapter may be subject to administrative remedies,
as set forth by city ordinance.
(Ord. 5557 §
1, 2015)
Unless otherwise expressly provided,
the remedies, procedures and penalties provided by this chapter are
cumulative to each other and to any others available under state law
or other city ordinances.
(Ord. 5557 §
1, 2015)
If the social host is a juvenile,
the parents or legal guardians of the juvenile shall be responsible
for any penalty imposed pursuant to this chapter.
(Ord. 5557 §
1, 2015)
Nothing in the adoption or administration
of this chapter shall be construed as affecting the ability to initiate
or continue concurrent or subsequent criminal prosecution for any
violation of the provisions of this code or any state law arising
out of the same circumstances necessitating the application of this
chapter.
(Ord. 5557 §
1, 2015)
The provisions of this chapter are
hereby declared to be severable. If any section, sentence, clause,
phrase, word, portion or provision of the ordinance codified in this
title is held invalid, or unconstitutional, or unenforceable, by any
court of competent jurisdiction, such holding shall not affect, impair,
or invalidate any other section, sentence, clause, phrase, word, portion,
or provision of said ordinance which can be given effect without the
invalid portion. In adopting said ordinance, the city council affirmatively
declares that it would have approved and adopted said ordinance even
without any portion which may be held invalid or unenforceable.
(Ord. 5557 §
1, 2015)