(A) 
Purpose and Intent. The Council finds that an amended Loitering — Curfew Restriction Ordinance is necessary in order to protect minors based upon the reduced ability of minors to make critical decisions in an informed and mature manner. The Council recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors.
(B) 
Definitions. The following definitions are applicable to this chapter:
"Curfew hours"
are the period from 11:00 p.m. any night until 5:00 a.m. the following day from September through May and 12:00 midnight any night until 5:00 a.m. that morning from June through August.
"Emergency"
is 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.
"Guardian"
is (a) a person who, under court order, is the legal guardian of the minor, or (b) a public or private agency with which a court has placed the minor.
"Minor"
is any person under 18 years of age.
"Parent"
is a person who is a natural parent, adoptive parent or stepparent of a minor.
"Public place"
means any place, which is open to common or general use, participation and enjoyment by members of the public. A "public place" is also a location that is readily accessible to all those who may wish to go there even though not a place that the general public also frequents. "Public place" includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops and their parking lots.
"Remain"
is to (a) linger, stay or be present, or (b) 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"
is a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(C) 
Offenses.
It is unlawful for:
(1) 
Any minor to remain in any public place within the City during nighttime curfew hours; or
(2) 
Any parent, guardian or responsible adult to knowingly permit the minor to remain in any public place within the City during nighttime curfew hours.
(D) 
Defenses.
It is a defense to prosecution of the above offenses that the minor was:
(1) 
Accompanied by the minor's parent, guardian or other responsible adult having the care or custody of the minor; or
(2) 
On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; or
(3) 
In a motor vehicle involved in interstate travel; or
(4) 
Engaged in employment, or going to or returning home from employment, without detour or delay; or
(5) 
Reacting to an emergency; or
(6) 
On the sidewalk, adjacent to the minor's residence; or
(7) 
Attending an official school, religious or other adult supervised activity sponsored by a public agency, a civic or religious 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; or
(8) 
Exercising First Amendment rights protected by the United States Constitution; or
(9) 
Emancipated pursuant to law.
(Prior code § 16.1; Ord. 2506 § 1, 1985; Ord. 3395 § 1, 1998)
It is unlawful for any minor under the age of 18 years to enter, remain in or visit any room or place where a game of pool or billiards is played and charged for by the owner, manager or proprietor, either in money, property or thing of value, without the written permission of the parent or guardian of such minor. It is unlawful for any person, either as owner, manager, keeper or person having charge of any place where a game of pool or billiards is played and charged for, to invite any minor under the age of 18 years to enter such place without the written permission of the parent or guardian of such minor, or to permit such minor to visit or remain in such place without the written permission of the parent or guardian.
(Prior code § 16.6)
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, continued or permitted. Any person who violates any section of this chapter shall be subject to the penalties set forth in Santa Rosa City Code Section 1-28.010.
(Ord. 3395 § 2, 1998)