As used in this chapter, the following words and phrases shall
have the meaning set out below:
means one or more unforeseen circumstances or resulting state
requiring immediate action, such as a fire, natural disaster, accident
or situation requiring immediate action to prevent or treat serious
injury or loss to person or property.
means any privately owned place or business to which the
public is invited, including but not limited to places of amusement
or entertainment.
means a person ordered to be such by a court or a public
or private agency with whom the minor has been placed.
means any person under eighteen years of age.
means a person who is a natural, adoptive or step-parent
or someone at least eighteen years old authorized by a parent or guardian
to have care, custody or control of the minor.
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 school, apartment houses, office
buildings, transport facilities and shops.
(Ord. 1636 § 1, 2003)
It is unlawful for any minor under the age of eighteen years to remain in any public place or establishment within the city of Palm Springs between the hours of ten p.m. and six a.m., except as provided by the Palm Springs Municipal Code Section 11.56.020.
(Ord. 1636 § 2, 2003)
It shall not be a violation of Section 11.56.010 when:
(1)
The minor is accompanied by his or her parent(s), legal guardian,
or other person having legal care or custody of the minor;
(2)
The minor's parent(s) or legal guardian has given the minor written
permission to remain in a public place or establishment during curfew
hours;
(3)
The minor is involved in an emergency, or is on an emergency errand
directed by his or her parent, guardian, or other adult person having
legal care or custody of the minor;
(4)
The minor is attending, going to or returning home without any detour
or stop from an official meeting, school activity, civic organization,
educational, religious or recreational activity supervised by adults;
(5)
The minor is engaged in lawful employment activity or is going to
or returning from a lawful employment activity without any detour
or stop;
(6)
The minor is on the sidewalk adjacent to his/her residence;
(7)
The minor is an "emancipated minor" as that term is defined in Family
Code Section 7002;
(8)
The minor is in a motor vehicle involved in interstate travel; or
(9)
The minor is exercising his/her first amendment rights, such as freedom
of speech, right of assembly or free exercise of religion.
(Ord. 1636 § 3, 2003)
In addition to the provisions of Palm Springs Municipal Code Section 11.56.010, it is unlawful for any minor under the age of eighteen , who is subject to compulsory education or to compulsory continuation education requirements, to remain in any public place or establishment within the city of Palm Springs between the hours of seven-thirty a.m. and two-ten p.m. or other hours as designated by the respective school district or school on day(s) when school is in session as provided by Palm Springs Municipal Code Section 11.56.040.
(Ord. 1636 § 4, 2003)
It shall not be a violation of Section 11.56.040 when:
(1)
The minor is accompanied by his or her parent(s), legal guardian,
or other person eighteen years of age or older having legal care or
custody of the minor;
(2)
The minor's parent(s) or legal guardian has given the minor written
permission to remain in a public place or establishment during the
school hours;
(3)
The minor is involved in an emergency, or is on an emergency errand
directed by his or her parent, guardian, or other adult person having
legal care or custody of the minor;
(4)
The minor's school student body is excused for minimum class schedule or due to a scheduled day off, school holiday(s), staff and service day(s), summer vacation, or when the minor's school day does not begin until later than seven-thirty a.m. or ends prior to two-ten p.m., in which case Section 11.56.030 shall apply during the actual hours the minor school is in session;
(5)
The minor has permission to leave a school campus for lunch or a
school related activity and has in his or her possession a valid,
school-issued, off-campus permit; or
(6)
The minor is an "emancipated minor" as that term is defined in Family
Code Section 7002.
(Ord. 1636 § 5, 2003)
Notwithstanding any liability imposed under Section 11.56.050 of this chapter, the parent or guardian providing written consent under Palm Springs Municipal Code Sections 11.56.020(2) or 11.56.040(2) may be held liable for acts of the minor performed during school hours or curfew hours, as follows:
(1)
Civilly liable to the extent provided under state law, including
but not limited to, liability imposed by California Civil Code Section
1714.1 for any willful misconduct of the minor which results in injury
or death to another person, or damage to the property of another;
or
(2)
Criminally liable as a misdemeanor for any criminal act of a minor
to the extent provided under state law.
(Ord. 1636 § 6, 2003)
Every parent, guardian, or other adult person having legal care, custody, or control of any minor under the age of eighteen years who knowingly aids, abets, or allows such minor described in Sections 11.56.010 or 11.56.030 to violate the provisions of those sections is guilty of a misdemeanor.
(Ord. 1530 § 2, 1996)
(a)
Determination by Court.
When, based on a finding of civil liability or criminal conviction for violation of curfew, truancy or wilful misconduct, in violation of Welfare and Institutions Code Section 602, a minor under eighteen years is detained for a period of time in excess of one hour, and said detention requires the supervision of such minor by personnel of the Palm Springs police department, the parent(s) or legal guardian(s) having custody or control of such minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by the Palm Springs police department.
(b)
Determination by Chief of Police.
As determined by the chief of police of the Palm Springs police department, or his/her designee, the parent(s) or legal guardian(s) of a minor under the age of eighteen years committing any public offense amounting to an action of wilful misconduct in violation of Welfare and Institutions Code Section 602, where personnel of the Palm Springs police department provide services relating to the detention, processing, or supervision of such minor in excess of one hour, may be assessed, and billed for, the actual cost of providing such personnel and services.
(c)
Appeal.
Any person receiving a bill for police services pursuant to subsections (a) or (b) of this section may, within fifteen days after the billing date, file a written request appealing the imposition of such charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the administrative appeals board. Upon the filing of a request for appeal, payment of a billing for such police services shall be suspended until notice of the decision of the administrative appeals board. If the appeal is denied, in whole or in part, all amounts due pursuant thereto shall be paid to the city of Palm Springs within thirty days after notice of the decision of the administrative appeals board.
(d)
Authorization to Adopt Additional Cost Recovery Resolution.
Pursuant to Welfare and Institutions Code Section 625.5(b),
the city council is authorized to adopt a resolution implementing
the cost recovery provisions of such section.
(Ord. 1530 § 2, 1996)
Any minor convicted of violating this chapter is punishable
by:
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(1) First offense
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A fine not exceeding fifty dollars or ten hours of community
service;
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(2) Second offense
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A fine not exceeding seventy-five dollars or fifteen hours of
community service;
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(3) Third and subsequent offenses
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A fine not exceeding one hundred dollars or twenty hours of
community service.
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(Ord. 1530 § 2, 1996)
