Note: Prior ordinance history: County code §§ 5-5.01—5-5.05; Ord. 89-14.
It is unlawful for any person to loiter or stand or sit in or upon any public highway, alley, sidewalk or crosswalk within the city so as to, in any manner, hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same.
(Ord. 07-5)
It is unlawful for any person to loiter or stand or sit in or at the entrance of any church, hall, theater or other place of public assemblage within the corporate limits of the city so as to in any manner obstruct such entrance.
(Ord. 07-5)
For purposes of Sections 9.16.030 through 9.16.060:
"Curfew hours"
means the period from eleven 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.
"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 and/or where food is served.
"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 court has placed a minor.
"Knowingly"
means, with respect to a conduct or to a circumstance described by a provision of law defining an offense, that a person is aware that his or her conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist.
"Minor"
means any person under eighteen years of age.
"Parent"
means the mother, father, stepparent, foster parent or grandparent of another person. Parent may also mean an individual who has filed a Declaration of Domestic Partnership with the Secretary of State and is so registered and has a child or children in his or her care, custody or control.
"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, roads, sidewalks, bridges, alleys, plazas, parks, playgrounds, wharves, docks, vacant lots, driveways, parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
"Remain"
means to (1) to linger or stay; or (2) to fail to leave the premises or establishment when requested to do so by a police officer or the owner, operator, or other person in control of the premises or establishment.
"Responsible adult"
means a person at least eighteen years of age who has been entrusted by the parent of minor to care for the 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. 07-5)
A. 
It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city of West Sacramento during curfew hours.
B. 
It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, a minor to remain in any public place or on the premises of any establishment within the city of West Sacramento during curfew hours.
(Ord. 07-5)
A. 
The provisions of Section 9.16.040(A) and/or (B) do not apply and may be a defense to prosecution if the minor was:
1. 
Accompanied by his or her parent or guardian or a responsible adult as defined in Section 9.16.030;
2. 
On an errand at the written direction of his or her parent or guardian, or responsible adult, without any detour or stop (written direction must be signed, timed and dated by the parent or guardian and must indicate the specific errand);
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 public right-of-way immediately abutting the minor's residence or immediately abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor's presence;
7. 
Attending, 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 the city of West Sacramento, a school, civic organization or other similar entity ;
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; or
9. 
Emancipated pursuant to law.
B. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. 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, none of the exceptions in this section is present.
(Ord. 07-5)
A. 
Minors. Any minor violating the provisions of Section 9.16.030 of this chapter is guilty of a misdemeanor and shall be dealt with in accordance with juvenile court law and procedure.
B. 
Parents. Any parent as defined herein who violates the provisions of this chapter, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished as set forth in Chapter 1.12 of this code.
(Ord. 07-5)