For purposes of this Chapter, the following words and phrases shall have the meanings ascribed below:
"Curfew hours"
means the period from 11:00 p.m. any evening of the week until 6:00 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, a 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 which a minor has been placed by a court.
"Minor"
means any person under 18 years of age, who is not on active duty in the armed forces of the United States nor otherwise emancipated pursuant to the law.
"Operator"
means any individual, firm, association, partnership, limited partnership, limited liability company, or corporation operating, managing, or conducting any establishment.
"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, 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, the owner, operator, or other person in control of the premises.
"Responsible adult"
means a person at least 18 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.
(Added by Ord. 98-05, 7/28/98)
(a) 
It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any minor to remain in any public place or on the premises of any establishment within the City of Dana Point during the curfew hours.
(b) 
It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any parent, guardian, or responsible adult of a minor knowingly to permit, or by insufficient control to allow, the minor to remain in any public place or on the premises of any establishment within the City of Dana Point during curfew hours.
(c) 
It is a defense to prosecution under Section 11.32.020(a) or (b) that the minor was:
(1) 
Accompanied by the minor's parent, guardian, or by a responsible adult;
(2) 
On an errand at the direction of the minor's parent, guardian, or a responsible adult without any detour or stop;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) 
Involved in an emergency;
(6) 
On the sidewalk abutting the minor's residence;
(7) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor; or
(8) 
Exercising First Amendment rights protected by the United States Constitution and the corresponding provisions of the California State Constitution.
(d) 
Each violation of this Chapter shall constitute a separate offense.
(Added by Ord. 98-05, 7/28/98)
(a) 
Every law enforcement officer is authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating Subsection (a) of Section 11.32.020 and does not come within Subsection (c) of Section 11.32.020 that such person give his or her name and address, and the name of his or her parent(s), guardian(s), or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of his or her age and that he or she comes within the provisions of subdivision (c) of Section 11.32.020.
(b) 
If, after demanding the information described in Subsection (a) of this Section, the law enforcement officer still has reasonable cause to believe the person is a minor who is violating Subsection (a) of Section 11.32.020 and does not come within Subsection (c) of Section 11.32.020, the law enforcement officer is authorized and empowered to take any or more than one of the following actions:
(1) 
To issue a warning to such person and his or her parent(s) or guardian(s) about the consequences of violation of Section 11.32.020;
(2) 
To take such person into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult;
(3) 
To communicate with the parent(s) or guardian(s) of such person and demand from any of them the information described in Subsection (a) of this Section;
(4) 
To communicate with the parent(s) or guardian(s) of such person and demand of any of them that he or she take the person to the person's residence or to any place where the person will be supervised by a responsible adult;
(5) 
To issue to such person a notice to appear before the Juvenile Court, a Juvenile Court referee, or a juvenile traffic hearing officer, as appropriate;
(6) 
To take such person into temporary custody in accordance with Welfare and Institutions Code Section 625, as limited by Welfare and Institutions Code Section 207;
(7) 
To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the law enforcement officer to safeguard the well being of such person.
(c) 
A law enforcement officer shall not take any of the enforcement actions described in Subsection (b) of this Section unless the law enforcement officer reasonably believes that the person with respect to whom the action(s) is taken is violating Subsection (a) of Section 11.32.020 and, based upon any responses and other circumstances, has no defense under Subsection (c) of Section 11.32.020.
(Added by Ord. 98-05, 7/28/98)
It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for any parent or guardian to fail to take a minor to his or her residence or to a place where he or she will be supervised by a responsible adult, during the curfew hours when so demanded by any law enforcement officer in accordance with Subsection (b)(4) of Section 11.32.030.
(Added by Ord. 98-05, 7/28/98)
It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq. of this Code, for a parent or guardian to leave a minor under the age of 14 years at the minor's residence or at any other place without the supervision of a competent and responsible person between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
(Added by Ord. 98-05, 7/28/98)
Any person violating the provisions of Section 11.32.020, 11.32.040, or 11.32.050 or any other provision of this Chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.200 et seq., of this Code. Minors shall be dealt with in accordance with juvenile court law and procedure.
(Added by Ord. 98-05, 7/28/98)