In enacting this chapter, it is the intent of the city council to protect children of immature age, to promote the safety and good order in the community, and to reduce the incidence of juvenile criminal and other anti-social behavior.
(Ord. 207 § 2.1, 1989)
A. 
Unless specifically defined in this section, words and phrases used in this chapter shall be interpreted to give them the meaning in common usage and to give this chapter its most reasonable application.
B. 
For purposes of this chapter:
"Curfew hours"
means the period from ten p.m. any night of the week until five a.m. the following day.
"Emergency"
means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to a fire, automobile accident, natural disaster or any situation or condition requiring immediate action to prevent serious bodily injury or loss of life.
"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: (1) a person who, under court order, is the legal guardian of the minor; or (2) a public or private agency with whom a minor has been placed by a court.
"Minor"
means any person under 18 years of age.
"Operator"
means any person, firm, association, partnership or corporation operating, managing or conducting an establishment.
"Parent"
means any person who is a natural parent, adoptive parent or step-parent of a minor.
"Public place"
means any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, parks, playgrounds, eating establishments, vacant lots, schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
"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.
"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.
(Ord. 750 § 1.1, 2007; Ord. 751 § 1.1, 2007)
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 or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to remain in any public place or on the premises of an establishment within the city during curfew hours except as specifically provided in Section 11.04.030 of this chapter.
C. 
It is unlawful for any owner, operator or employee of an establishment to knowingly permit or allow a minor to remain in or upon the premises of an establishment during curfew hours except in circumstances provided in Section 11.04.030 of this chapter.
(Ord. 207 § 2.1, 1989; Ord. 480 § 1.1, 1995; Ord. 750 § 1.2, 2007; Ord. 751 § 1.2, 2007)
The provisions of Section 11.04.020 shall not apply in the following circumstances and it shall be a defense to the prosecution of Section 11.04.020 that the minor was:
A. 
Accompanied by the minor's parent or guardian or by a responsible adult;
B. 
On an errand at the direction of the minor's parent or guardian or responsible adult, without unnecessary detour or delay;
C. 
In a motor vehicle traveling to a specific destination without unnecessary detour or delay and with the permission of a parent, legal guardian or responsible adult;
D. 
Engaged in the course and scope of employment, or going to or returning home from employment, without unnecessary detour or delay;
E. 
Involved in an emergency or traveling to or returning home from an emergency without unnecessary detour or delay;
F. 
Attending an official school, religious or other recreational activity sponsored by the city, school, a civic organization or other similar entity that takes responsibility for the minor, or traveling to or returning home from such an activity without unnecessary detour or delay;
G. 
Exercising First Amendment rights protected by the United States Constitution or traveling to or returning home from such an activity without unnecessary detour or delay; or
H. 
Emancipated pursuant to law;
I. 
Involved in commercial entertainment legally open to such minors with the permission of a parent, guardian or responsible adult or traveling to or returning home from such commercial entertainment without unnecessary detour or delay.
(Ord. 207 § 2.1, 1989; Ord. 750 § 1.3, 2007; Ord. 751 § 1.3, 2007)
A. 
Any violation of any provision of Section 11.04.020 shall be an infraction subject to the fines set forth in Section 1.01.230, except as specifically set forth below. Any minor who violates any provision of Section 11.04.020 shall be dealt with in accordance with state law and the procedures governing the prosecution of minors who are charged with infractions.
B. 
Any adult convicted of violating this chapter as a third or subsequent offense may be found guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed $1,000, or by imprisonment for a period of not more than six months or by both fine and imprisonment.
C. 
Notwithstanding any other provisions of this code, when a minor is charged with a violation of any provision of Section 11.04.020, and a peace officer issues a notice to appear in superior court, traffic division, to that minor pursuant to California Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless a petition is filed under Section 601 or 602 of the Welfare and Institutions Code.
(Ord. 207 § 2.1, 1989; Ord. 750 § 1.4, 2007; Ord. 751 § 1.4, 2007)
A. 
Before taking any enforcement action under Section 11.04.020, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under Section 11.04.020 unless the officer reasonably believes that an offense has occurred and that no defense or exception is present or applicable.
B. 
Each violation of the provisions of Section 11.04.020 shall constitute a separate offense.
C. 
A law enforcement officer may issue a citation to any minor found to be in violation of this chapter and may detain any minor until the minor can be placed in the care and custody of a parent, guardian or responsible adult. If cited, the minor and his or her parent or guardian shall appear in court as directed by the citation.
(Ord. 207 § 2.1, 1989; Ord. 750 § 1.5, 2007; Ord. 751 § 1.5, 2007)
No person shall drink any beer, wine or other intoxicating beverage on any public street, sidewalk, alley, highway or in any building or place owned, operated or controlled by the city unless a permit is granted by the city manager. The procedure and the fees for such permit shall be in accordance with Section 11.40.050(C).
(Ord. 274 § 1.1, 1990)
A. 
No person shall drink any beverage containing an alcoholic content in excess of one percent by volume upon any public street, sidewalk, alley, park, playground, recreation area or other public place within the city where such premises have not been licensed by the Alcohol, Beverage and Control Department of the state of California, for sale of alcoholic beverages to be consumed on the premises; or upon any private property which is open to the public view without the consent of the owner or person in lawful possession or control of said property.
B. 
Pursuant to California Business and Professions Code Section 25620, no person shall be in possession of any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed upon any public street, sidewalk, alley, park, playground, recreation area or other public place within the city where such premises have not been licensed by the Alcohol, Beverage and Control Department of the state of California, for sale of alcoholic beverages to be consumed on the premises; or upon any private property which is open to the public view without the consent of the owner or person in lawful possession or control of said property. A violation of this section shall be an infraction.
C. 
Pursuant to California Penal Code Section 647e, no person shall be in possession of any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed upon the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 of the California Business and Professions Code, or upon any public sidewalk immediately adjacent to the licensed and posted premises. A violation of this section shall be an infraction.
D. 
A violation of this section may be enforced by the filing of a criminal misdemeanor or infraction citation, or through the issuance of civil citations pursuant to Chapter 1.10 of this code.
(Ord. 811 § 1, 2010)
No person shall display material defined in Section 313 of the Penal Code in a public place where minors are not excluded, unless devices commonly known as blinder racks are placed in front of the material so that the lower two-thirds of the material is not exposed to view.
(Ord. 282 § 1, 1990)
Any person who sells or rents video recordings of harmful matter shall locate the area created within his or her business establishment for the placement of such video recordings as required by Section 313.1(e) of the Penal Code to an area which is not adjacent to displays of video recordings or other materials which are of interest primarily to children, nor shall the person who sells or rents video recordings of harmful matter permit or allow minors to enter into or remain in the "adults only" area unless the minor is accompanied by a parent or legal guardian.
(Ord. 285 § 1, 1990)
A. 
Definitions.
1. 
As used in this section, "posted property" means any property at each corner of which, and at each identifiable road, trail or driveway entering the property, and at intervals of not less than three per mile, a sign of not less than one square foot in size is posted and visible containing in legible print not less than two inches in height, the words "PRIVATE PROPERTY – NO TRESPASSING" or words of similar meaning or effect.
2. 
As used in this section, "owner" means the owner of record, the owner's agent, or a lessee or tenant in lawful possession.
B. 
No person shall remain upon any private property or business premises, after being notified by the owner or by a peace officer acting at the request of the owner to remove therefrom. The owner may make a written request for peace officer assistance in the enforcement of this section. Such a request shall cover a period of not more than one year and shall specify specific dates, times and locations for which enforcement is requested. Furthermore, the request shall identify any individuals authorized by the owner to be on the premises. During such times and dates, a peace officer may act to remove a trespasser without the necessity of the owner making a separate request on each occasion when peace officer assistance in dealing with a trespasser is requested.
C. 
No person, without permission, expressed or implied, from the owner, shall enter upon private property or business premises after having been notified by the owner to keep off or keep away therefrom.
D. 
No person shall enter or remain upon posted property without the permission, expressed or implied, of the owner of such posted property or premises.
E. 
This section shall not apply in any of the following circumstances:
1. 
Where its application results in or is coupled with any acts prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, sexual orientation, creed, ancestry or national origin;
2. 
Where its application results in, or is coupled with, any act prohibited by Section 356 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers;
3. 
Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
4. 
Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech; or
5. 
Where the person who is upon another's private property or business premises is there under claim or color of legal right.
(Ord. 811 § 2, 2010)
A. 
As used in this section, "city" means the city of Moreno Valley, the Moreno Valley redevelopment agency, community service districts and any other public agency formed and/or by the city of Moreno Valley.
B. 
No person shall remain upon any public park, playground, recreation facility, open space, library, or any other property owned, operated or maintained by the city, after having been found to have violated any city ordinance, resolution, policy, rule or regulation, where that person has been given a warning by authorized city personnel or a peace officer to cease the violation, and where that person continues the violation and has been asked to leave the premises.
C. 
Any person who has been found by authorized city personnel or a peace officer to have violated any ordinance, resolution, rule or regulation of the city may be banned by said personnel, or a peace officer provided that the violation relates to the facility from which the person has been banned. The violator must be personally served with a letter advising of the ban. The letter shall contain notice of the rule or regulation that was broken and state a specific location from which the individual shall be banned and state a time period, not exceeding one year that the ban will be in effect.
D. 
No person shall enter or remain upon any city owned or controlled public park, playground, recreation facility, open space, library, or any other property owned, operated or maintained by the city after having been banned therefrom.
E. 
This section shall not apply in the following circumstances:
1. 
Where its application results in or is coupled with any acts prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, sexual orientation, creed, ancestry or national origin;
2. 
Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
3. 
Where its application would result in an interference with or inhibition of any other exercise of a statutory or constitutional right; or
4. 
Where it is necessary for the person to enter city owned or controlled property from which that person has been banned in order to conduct city business but only for as long as necessary to conduct said city business.
(Ord. 811 § 3, 2010)