The city council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. The city council recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. Evidence has demonstrated that enforcement of a curfew has led to decreased crime and decreased victimization of juveniles.
(Ord. 1269 § 2, 1997)
For purposes of this chapter, the following definitions shall apply:
"Business invitee"
means and includes a business establishments' customers, patrons or other persons present at the establishment at the express or implied invitation of the business owner or manager.
"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.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent 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 area of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"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. 1269 § 2, 1997)
(a) 
It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours unless excused by the provisions of Section 8.32.040.
(b) 
It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours unless excused by the provisions of Section 8.32.040.
(Ord. 1269 § 2, 1997)
It is a defense to prosecution of the above offenses that the minor was:
(1) 
Accompanied by the minor's parent or guardian or by a responsible adult;
(2) 
On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;
(3) 
In a motor vehicle involved in intrastate or interstate travel;
(4) 
Engaged in employment, or going to or returning home from employment, without detour or delay;
(5) 
Involved in an emergency;
(6) 
On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;
(7) 
Attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;
(9) 
Emancipated pursuant to law;
(10) 
A business invitee of an establishment or returning home from such activity, without detour or delay.
(Ord. 1269 § 2, 1997)
Before taking any enforcement action under this chapter, 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 8.32.040 is present or applicable.
(Ord. 1269 § 2, 1997)
Any person who violates the offenses described in this chapter shall be guilty of an misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.
(Ord. 1269 § 2, 1997)