Note: Prior ordinance history: Ords. 521, 1104 and 1288.
The city council declares its purpose and intent in enacting this chapter as follows:
(1) 
The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increases with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults.
(2) 
Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and non-criminal mischief.
(3) 
In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.
(4) 
Curfew ordinances tend to reinforce parental authority and supervision.
(Ord. 1331 § 1, 1997)
As used in this chapter:
"Emergency"
means unforeseen circumstances 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 bodily injury or loss of life.
"Guardian"
means (a) a person who, under court order, is the guardian of the minor; or (b) a public agency with whom a minor has been placed by a court.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent or step-parent of a minor.
"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.
"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, parks, beaches, common areas of schools, hospitals, apartment houses and office buildings.
"Remain"
means (a) to linger, stay or be present between the hours of ten p.m. and six a.m. of the following day, or (b) to fail to leave the premises between the hours of ten p.m. and six a.m. of the following day when requested to do so by the owner, operator, or other person in control of the premises or by a peace officer who has reasonable cause to believe that there is a violation of Section 8.28.030 and that the exceptions set forth in Section 8.28.040 do not apply.
(Ord. 1331 § 1, 1997; Ord. 1397 § 1, 2002)
It is unlawful for any minor to remain in or upon the public streets, alleys, playgrounds or other public places, vacant lots or other unsupervised places between the hours of ten p.m. and six a.m. of the following day.
(Ord. 1331 § 1, 1997)
The provisions of this chapter 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;
(2) 
Any minor performing any task at the direction of his or her parent or legal guardian or any minor responding to an emergency with or without parental consent;
(3) 
Any minor then acting within the course and scope of his or her employment;
(4) 
Any minor on the property of, or the sidewalk directly adjacent to, or the building immediately adjacent to the building in which he or she resides;
(5) 
Any minor legally married;
(6) 
Any minor in the military service of the United States;
(7) 
Any minor attending organized associational activities, such as school meetings or classes, sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other constitutionally protected activities, including but not limited to the exercise of First Amendment rights;
(8) 
Any minor engaged in reasonable and direct travel to and from those activities described in subsections (3) and (7) of this section, or in a motor vehicle involved in interstate travel.
(Ord. 1331 § 1, 1997)
Every police officer is hereby authorized and empowered to demand from any person, who the officer has reasonable cause to believe is in violation of Section 8.28.030 and not otherwise subject to the exceptions set forth in Section 8.28.040, that such person give his or her name, address, proof of age, the name of parent, and other information reasonably necessary to determine whether such violation exists.
(Ord. 1331 § 1, 1997; Ord. 1397 § 2, 2002)