The provisions of this chapter are adopted in accordance with
the authority granted to the city under the police power delegated
to it by the Constitution of the state of California. Such police
power provides the city with the authority to react when the potential
exists for jeopardy to the public health, safety and general welfare
of its citizens. The city is concerned with the level of juvenile
violence, juvenile gang activity, and juvenile crime in the city.
The crimes being committed by juveniles include serious offenses such
as murders, drive-by shootings, drug-related crimes and other gang-related
activities. Moreover, juveniles are particularly susceptible by their
lack of maturity and experience to participate in unlawful and gang-related
activities and to be victims of older perpetrators of crime. In addition,
recent local, state and national statistics regarding juvenile crime
and victimization indicate that enforcement of a nighttime curfew
for juveniles decreases the percentage of juvenile victimization and
increases the number of arrests for violent crimes during curfew hours.
Based on the foregoing, the City believes that having an enforceable
nighttime juvenile curfew ordinance is critical to preserving the
public health, safety and welfare.
(Ord. 1519 § 3, 1997)
The following definitions are applicable to this chapter:
"City"
means the city of La Habra, a municipal corporation created
under the laws of the state of California.
"Curfew hours"
means the period from ten p.m. any evening of the week, until
six a.m. the following day.
"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, 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 whom
a minor has been placed by the court.
"Minor"
means any person under eighteen years of age.
"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 person who is a natural parent, adoptive parent,
or step-parent of another person.
"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,
office buildings, transport facilities and shops.
"Remain"
means to: (1) linger, stay or be present; or (2) fail to
leave the premises when requested to do so by a peace officer or the
owner, operator or an employee of an establishment.
"Responsible adult"
means a person at least eighteen years of age, authorized
by a parent or guardian to have the care and custody of a minor.
"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.
(Ord. 1519 § 4, 1997)
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section
9.28.040 is present or applicable.
(Ord. 1519 § 7, 1997)
A 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. Penalties are provided as follows:
A. Any minor who violates the provisions of Section
9.28.030 shall be guilty of a misdemeanor upon conviction thereof. Minors shall be dealt with in accordance with juvenile court law and procedure as provided by applicable state law.
B. Any parent, guardian, owner, operator or employee of an establishment who violates the provisions of Section
9.28.030 shall be guilty of an infraction upon conviction thereof. Such infraction offense(s) shall be punishable as follows:
1. The
initial violation of this chapter shall be deemed to be an infraction
and upon conviction thereof shall be punished by a fine to be determined
by the court not to exceed one hundred dollars.
2. The
second violation of this chapter shall be deemed to be an infraction
and upon conviction thereof shall be punished by a fine to be determined
by the court not to exceed two hundred dollars.
3. The
third or subsequent violation of this chapter shall be deemed to be
an infraction and upon conviction thereof shall be punished by a fine
to be determined by the court not to exceed five hundred dollars.
(Ord. 1519 § 8, 1997)