Note: Prior ordinance history: Ords. 1552, 1680, 1755.
The following definitions apply to this chapter:
"Curfew hours"
are the period of time from 10:00 p.m. until 6:00 a.m. the following morning.
"Emergency"
means unforeseen circumstances or a situation that calls for immediate action. This term includes, but is not limited to, an automobile collision, fire, explosion, natural disaster or any situation requiring immediate action to prevent serious bodily injury or death.
"Establishment"
means any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.
"Guardian"
means a person who, under court order, is the guardian of the minor or a public or private agency with whom a minor has been placed by a court.
"Minor"
is a person under the age of 18 years.
"Operator"
means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
"Parent"
means a person who is the natural parent, adoptive parent or stepparent of the minor.
"Police chief"
means the chief of police or the chief of police's designee.
"Public place"
means any place the public or a substantial group of the public has access to and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, convenience stores, transport facilities and shopping centers.
"Remain"
means to linger, stay, or be present without lawful business, or fail to leave when requested to do so by a police officer, the owner, operator or other person in control of the premises.
"Responsible adult"
means a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of the minor.
(Ord. 1878 § 1, 2003)
A. 
It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
B. 
It is unlawful for any parent, guardian or responsible adult to knowingly permit a minor, or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
C. 
It is unlawful for any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment within the city during curfew hours.
(Ord. 1878 § 1, 2003)
A. 
Minors are exempt from this chapter when:
1. 
The minor is accompanied by the minor's parent, guardian or responsible adult.
2. 
The minor is on an errand at the direction of the minor's parent, guardian or responsible adult, without delay or detour.
3. 
The minor is in a vehicle involved in interstate or intrastate travel.
4. 
The minor is engaged in employment, or going to or returning home from employment, without detour or delay.
5. 
The minor is involved in an emergency.
6. 
The minor is on the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, and the neighbor has not complained to the police about the minor's presence, providing the minor is not otherwise violating the law.
7. 
The minor is attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other such entity that takes responsibility for the safety of the minor, or when the minor is going to or returning home from such activity, without detour or delay.
8. 
The minor is exercising first amendment rights protected by the United States constitution such as the free exercise of religion, freedom of speech or the right of lawful assembly.
9. 
The minor is married or emancipated pursuant to law.
B. 
The owner, operator or an employee of an establishment is exempt from prosecution under subsection 10.08.020(C) of this chapter if he or she notified the police that a minor was present in violation of this chapter and such minor refused to leave.
(Ord. 1878 § 1, 2003)
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in a public place or establishment. The officer shall not issue a citation or make an arrest pursuant to this chapter unless the officer reasonably believes that an offense has occurred as provided by this chapter.
(Ord. 1878 § 1, 2003)
A. 
It shall be unlawful for any person in possession or control of any private property, premises, or place, such as a private residence, to permit, allow, or host at such property, premises, or place, any gathering of five or more persons under the age of 21 years where:
1. 
Any person under the age of 21 years is in the possession of, is consuming, or is under the influence of, alcoholic beverages; and
2. 
The person in possession or control of the property, premises, or place knows or should have known that the person in possession of, consuming, or under the influence of, alcoholic beverages is under the age of 21 years.
This subsection shall not apply if the person under the age of 21 years is in possession of or consuming alcoholic beverages at any gathering described above if the gathering is for religious or cultural purposes, and no person under the age of 21 years is under the influence of alcohol consumed at the gathering.
B. 
It shall be unlawful for any person under the age of 21 years on any private property, premises, or place, such as a private residence, to be in possession of, consume, or be under the influence of, alcoholic beverages at any gathering described in subsection A of this section.
1. 
This subsection shall not apply if the person under the age of 21 years is in possession of or consuming alcoholic beverages at any gathering described in subsection A of this section if the gathering is for religious or cultural purposes, and no person under the age of 21 years is under the influence of alcohol consumed at the gathering.
C. 
When a police officer determines that a violation of this section has occurred and further determines that there is a threat to the public peace, health, safety, or general welfare, the person(s) responsible shall be held liable for the cost of providing police services during a second or follow-up response by the police, after a first warning to the person(s) responsible for the event to control the threat to the public peace, health, safety or general welfare.
D. 
Whenever a police officer determines that a violation of this section has occurred at the same private residence more than once within a 60 day period, the person(s) responsible shall be liable for the cost of providing police services.
E. 
The cost of providing police services, as used in subsections C and D of this section, shall include:
1. 
Two hundred fifty dollars; and
2. 
The actual cost of any medical treatment to injured officers; and
3. 
The actual cost of repairing any damaged city equipment or property.
The $250.00 includes, but is less than, the actual amount of salaries and benefits for two police officers in responding to, or remaining at, any gathering where a second response is necessary.
F. 
The person(s) responsible, as used in subsections C and D of this section, shall mean the person who owns, rents, leases, or otherwise has control of the premises where the gathering takes place; the person in charge of the premises; and/or the person who organized the event. If the person responsible is a minor, then the parents or guardians of that minor shall be jointly and severally liable for the costs incurred for police services pursuant to this section.
(Ord. 1878 § 1, 2003)
A. 
For the purposes of this section "minor" shall be defined as an individual who is under the age of 18 years.
B. 
The parent or guardian of a minor shall be jointly and severally liable with the minor who is detained for violation of curfew, truancy, runaway or wilful misconduct in violation of Welfare and Institutions Code Section 602, for the expense of the detention which results in police supervision of the minor in excess of one hour.
C. 
For the purpose of this section, the period of detention shall commence when an officer makes a reasonable attempt to contact the minor's parent or guardian, by phone or in person, at the parent's or guardian's home, place of employment or place where the minor believes the parent or guardian to be.
D. 
The cost of providing police services, as used in this section, shall include the actual cost of providing police personnel and any other expense relating to the detention of a minor. All factors that substantiate the accounting shall be included in the police report.
E. 
An accounting of the cost of police services shall be sent to the minor and the minor's parent or guardian and shall include a notice of the right to an appeal. All amounts due to the city shall be paid within 30 days. Within 15 days after mailing the accounting, the minor or minor's parent or guardian shall file with the city clerk a written request for an appeal hearing, which states the specific grounds for appeal.
F. 
As soon as practicable after receiving the appeal, the city clerk shall set a date for the city manager to hear the appeal on a date no less than seven days nor more than 30 days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and place of the hearing at least five days prior to the date of the hearing, either by causing a copy of the notice to be delivered to appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the city manager on request of the appellant for good cause shown, or on the city manager's own determination. At the hearing, the city manager shall hear the appellant and any witnesses and shall determine the issue. Upon conclusion of the hearing, the city manager shall render a decision and order which shall be final.
G. 
If an appeal is filed, payment of the bill shall be suspended until the city manager has rendered a decision.
H. 
This section shall not apply when the detained minor is booked into juvenile hall rather than released to a parent or guardian.
(Ord. 1878 § 1, 2003)
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 a violation is committed or continued.
(Ord. 1878 § 1, 2003)
The remedies under this chapter are cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity, including an administrative fine under Chapter 1.24 of this code. The first time an individual under 18 years of age violates Section 10.08.050 of this chapter, unless extraordinary circumstances exist, the police department shall issue a courtesy citation to the individual and contact the individual's parent or guardian, in lieu of imposing an administrative fine under Chapter 1.24 of this code. The second time an individual under 18 years of age violates Section 10.08.050 of this chapter, the police chief may require the violator to participate in the Pleasanton juvenile diversion program, in lieu of imposing an administrative fine under Chapter 1.24 of this code. If the minor completes the Pleasanton juvenile diversion program, the citation shall be voided. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law, or prohibit any conduct authorized by the state or federal constitution.
(Ord. 1878 § 1, 2003)