Note: Prior ordinance history: Ords. 30-60 and 30.1-66.
The declared purpose of this chapter is to provide uniform guidelines to regulate the activity for youth, during certain nighttime hours; and create a safer environment for the young people of the City. The City Council of the City finds that:
A. 
The personality of a community changes during the nighttime hours, particularly after ten p.m. Many areas that are normally considered safe, during the daylight and early evening hours, become hazardous during the nighttime hours.
B. 
Persons under the age of eighteen may be particularly susceptible, by way of their lack of maturity and experience, to become involved in crimes, either as victims or suspects.
C. 
Crimes committed against persons under the age of eighteen, between the hours of ten p.m. and five a.m., are increasing.
D. 
Crimes committed by persons under the age of eighteen, during the hours of ten p.m. and five a.m. are increasing.
E. 
It is necessary to provide an enforcement tool which will assist in providing protection for the youth of the City, during certain nighttime hours, by:
1. 
Reducing the likelihood that youth will become victims of criminal activity;
2. 
Reducing the likelihood that youth will become suspects of criminal activity;
3. 
Aiding parents and guardians in carrying out their responsibility to exercise supervision of the youth entrusted to their care.
(Ord. 459-95, 1996)
The authority of the ordinance codified in this chapter is based upon:
A. 
The police power granted to the City by the Constitution of the State of California, Article XI, Section 7; and independent and separate therefrom;
B. 
The provisions of the California Welfare and Institutions Code, Sections 625, 626 and 626.5.
(Ord. 459-95, 1996)
"Emergency"
means an unforeseen combination of circumstances or the resulting state, that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
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 whom a youth has been placed by a court; or
3. 
A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a youth.
"Loiter"
means to stand idly about or linger aimlessly.
"Official warning"
means documentation that the youth and/or parent or guardian, has been contacted, detained and/or counseled.
"Parent"
means a person who is a natural parent, adoptive parent, or step-parent of another person.
"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, sidewalks, highways, private residences left open to the public without the presence of a parent or guardian as a supervisor and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain"
means to linger or stay, whether on foot or in a vehicle; or fail to leave the premises when requested to do so by a police officer or the owner, operator or person in control of the premises.
"Youth"
means any person under eighteen years of age and is synonymous with the term "minor," "juvenile."
"Youth protection ordinance hours"
shall be from ten p.m. until five a.m. of the following day.
(Ord. 459-95, 1996)
A. 
It is unlawful for a youth to remain in any public place within the City, during the youth protection ordinance hours.
B. 
It is unlawful for a parent or guardian of a youth to knowingly permit, or by insufficient control, allow the youth to remain in any public place within the City during the youth protection ordinance hours.
(Ord. 459-95, 1996)
A. 
When the youth is accompanied by the youth's parent or guardian;
B. 
When the youth is on an errand at the direction of the youth's parent or guardian, without any detour or stop;
C. 
When the youth is in a motor vehicle involved in the interstate travel, or other travel not in violation of the City's youth protection ordinance;
D. 
When the youth is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. 
When the youth is involved in an emergency;
F. 
When the youth is on the sidewalk abutting to the youth's residence or abutting the residence of a next door neighbor, if the neighbor did not complain to the police department about the youth's presence;
G. 
When the youth is attending an official school, religious, recreational or social activity, such as a movie, play, dance concert, or sporting event, or going to or returning home from such activity, or inside a commercial establishment actively receiving goods or services;
H. 
When the youth is exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, or speech;
I. 
When the youth is married, an active member of the United States military, or has been emancipated in accordance with the California Family Code Section 7000;
J. 
Waiting at a BART train station or officially designated bus stop, during the hours that those modes of transportation function.
(Ord. 459-95, 1996)
The youth protection ordinance shall be enforced and administered pursuant to the provisions of the Welfare and Institutions Code Sections 625.5(c), 625.5(d), 626 and 626.5, subject to the following guidelines:
A. 
Police personnel shall not detain a youth based upon attire, race or gender.
B. 
Officers shall not take enforcement action under this chapter, unless the officer has probable cause to believe that no exemption under Section 9.70.060 applies.
C. 
Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in the public place, to assist the officer in determining if an exemption under Section 9.70.060 may apply, or to determine if the youth has a legitimate reason, based upon extenuating circumstances, for violating this chapter.
D. 
Officers believing parents or guardians are in violation of Section 9.70.050 of this chapter, shall evaluate each incident on its own merits.
E. 
Officers shall use appropriate discretion and take into account the totality of events.
(Ord. 459-95, 1996)
A. 
First Offense (Youth). Unless extenuating circumstances exist and/or other offenses are present, any youth who violates any of the sections of the youth protection ordinance, shall be released to a parent or guardian with an official warning.
B. 
Subsequent Offenses (Youth). Repeat offenses may result in referral to an appropriate community based service organization and/or Alameda County Juvenile Probation Department.
C. 
First Offense (Parent or Guardian). Unless extenuating circumstances exist and/or other offenses are present, any parent or guardian who violates any of the sections of the youth protection ordinance shall receive an official warning.
D. 
Subsequent Offenses (Parent or Guardian). Repeat offenses may be prosecuted under Section 9.70.050 of this chapter. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars.
(Ord. 459-95, 1996)
Except as otherwise provided in this chapter it is unlawful for any person in the City to sell, give, loan or in any way furnish or cause or permit to be sold, given, loaned or in any way furnished to a minor, or to allow any minor to use or possess or discharge, or for any minor to use or possess or discharge a dangerous weapon.
(Ord. 23-59 § 2, 1959; amended during 1990 republication)
Nothing in this chapter shall be deemed or construed to prohibit the selling, giving loaning or furnishing to any minor, upon written consent of the parent or guardian of such minor, any dangerous weapon as defined in Section 9.72.010; nor prohibit such minor from using or having in his or her possession, care, custody or control any such dangerous weapon as so defined in the event that such possession, care, custody, control or use is had with the consent of the parent or guardian of such minor and is under the direct supervision and control of some adult person; nor to prohibit any minor from using or having in his or her possession or control any dangerous weapon which is in good faith in his or her possession or control or use for his or her lawful occupation or employment or for the purpose of lawful recreation.
(Ord. 23-59 § 3, 1959)
Notwithstanding Section 9.72.030, it is unlawful for any minor carrying upon his or her person or having in his or her possession or under his or her control any dangerous weapon to engage in any fight or participate in any rough or disorderly conduct upon any public place or way or upon the premises of another.
(Ord. 23-59 § 4, 1959)