The purpose of this chapter is to protect youth from unlawful and corrupting influences; to reduce juvenile crime, especially violent crime committed by and perpetrated against juveniles; and to promote the public health, safety, and general welfare during late night and school hours. Although the council desires to reduce the incidents of juvenile crime and victimization, the council does not intend to prohibit, prevent, or interfere with a youth’s exercise of First Amendment and other rights under the United States Constitution. This chapter’s provisions preserve those constitutionally protected rights.
In enacting this chapter, the council is updating the city’s existing curfew laws for minors, Ordinance Nos. 2181 and 4847 (the nighttime curfew) and Ordinance No. 5137 (the daytime curfew). This chapter’s revisions ensure that the city’s curfew laws conform to the federal Appellate Court decision, Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997), and other California or federal cases that have invalidated curfew ordinances similar to this city’s prior enactments.
(Ord. 5253 § 2, 2000)
The council of the city finds, determines and declares that:
A. 
The city’s nighttime and daytime curfews for minors not only have met a very real local need, but also have been a significant factor in minimizing juvenile violence, criminal street-gang activity, and crime by and against juveniles in the city;
B. 
Because of their lack of maturity and experience, persons under the age of eighteen years are particularly susceptible to participating in unlawful and gang-related activities and to becoming the victims of adult perpetrators of crime;
C. 
Nighttime and daytime curfews will continue to assist the council’s objective of protecting the welfare of minors by:
1. 
Reducing the likelihood that minors will become the victims of criminal acts,
2. 
Reducing the likelihood that minors will participate in criminal acts, unlawful gang-related activity, drug use, or narcotics trafficking, and
3. 
Assisting parents and guardians in carrying out their parental responsibility to exercise reasonable supervision and control over minors entrusted to their care;
D. 
The experience of other California cities, including Long Beach, Monrovia and Santa Barbara, reveals that enforcement of the curfew results in a decrease of juvenile victimization and crimes during curfew hours;
E. 
The state of California has neither expressly nor impliedly preempted the field of daytime curfew ordinances, in that these ordinances directly address the behavior of children who have left school, not their status as potential truants; and
F. 
Daytime and nighttime curfews for minors will be in the interest of the public health, safety, and general welfare.
(Ord. 5253 § 2, 2000)
For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless the context otherwise requires:
“Adult”
means any person who is eighteen years of age or older.
“Daytime curfew hours”
means the period from eight-thirty a.m. to one-thirty p.m. of the same day during which the minor’s school is in session.
“Emergency”
means an unforeseen combination of circumstances or the resulting state that calls for immediate action. “Emergency” includes, but is not limited to: a fire, a natural disaster, a motor vehicle accident or any situation requiring immediate action to prevent loss of life or serious bodily injury, such as an injury that:
1. 
Creates a substantial risk of death or causes death;
2. 
Involves unconsciousness, extreme physical pain, disfigurement; or
3. 
Requires immediate medical intervention, surgery or hospitalization.
“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.
“Guardian”
means:
1. 
A person who, under court order, is the guardian of a minor;
2. 
A public or private agency with whom a minor has been placed by a court order; or
3. 
An adult with whom a parent has entrusted the care, control, or custody of a minor.
“Minor”
means any person who is under eighteen years of age. “Minor” does not include a person under the age of eighteen years who is:
1. 
On active duty with the armed forces of the United States;
2. 
Validly married, whether or not the marriage has been dissolved; or
3. 
Otherwise emancipated under California’s or another state’s laws.
“Nighttime curfew hours”
means the period from ten p.m. on any day to sunrise of the following day.
“Operator”
means any individual, company, firm, association, trust, estate, partnership, corporation, limited liability company or other entity however organized, operating, managing, conducting or carrying on any establishment. “Operator” includes, but is not limited to: the owners, the employees, the partners of a partnership, the members of an association or the officers of a corporation.
“Parent”
means any person who is the biological parent, adoptive parent, or a step-parent of a minor.
“Public meeting”
means an assembly, gathering, or meeting:
1. 
Of a public: body, entity, agency, authority, office, commission, board or committee; or
2. 
That is not unlawful in its character, open to the public and organized or convened to address a topic of community or public concern, interest, or importance.
“Public place”
means:
1. 
Any place to which the public or any substantial group of the public has access, including, but not limited to:
a. 
Streets, bridges, parks, playgrounds, recreation areas, plazas, parking lots;
b. 
The common areas of schools, hospitals, office buildings, transportation facilities;
c. 
Grocery or convenience stores, restaurants, fast food outlets, taverns, cafes, coffee houses;
d. 
Theaters, movie theaters, game rooms, arcades, bowling alleys;
e. 
Shops, shopping centers, malls; or
f. 
Any other place open to the use of the public.
2. 
Any area exposed to public view, including, but not limited to:
a. 
Vehicles, whether moving, standing, or parked; or
b. 
Unimproved property, vacant lots, abandoned or vacant buildings or dwellings, doorways or entrances to a building or dwelling, or the grounds enclosing a building or dwelling.
“Remain”
means to:
1. 
Linger or stay; or
2. 
Fail to leave the premises when requested to do so by a police or peace officer, or the owner, operator, or other person in control of the premises.
“Street”
means a way or place, of whatever nature, open to the use of the public as a matter of right for vehicular travel or, in the case of a sidewalk, for pedestrian travel. “Street” includes, but is not limited to: traffic lanes, parking lanes, curb areas, sidewalks (whether paved or unpaved), parkways, or any other area found within the legal right-of-way, regardless of what it is formally called, whether alley, avenue, court, highway, road or otherwise.
(Ord. 5253 § 2, 2000)
A. 
No minor shall remain in, on, or upon any establishment’s premises, public place, or street during nighttime curfew hours.
B. 
No parent or guardian shall knowingly permit, or by insufficient control allow, a minor to remain in, on or upon any establishment’s premises, public place or street during nighttime curfew hours. No parent or guardian shall refuse to take custody of the minor.
C. 
No operator of an establishment shall knowingly allow a minor to remain in, on or upon the establishment’s premises during nighttime curfew hours.
(Ord. 5253 § 2, 2000)
A. 
Section 9.04.040 shall not apply to the minor, parent, guardian or operator of an establishment when the minor is:
1. 
Accompanied by a parent or guardian;
2. 
On an errand as directed by a parent or guardian, without any detour or stop;
3. 
Lawfully engaged in a business, trade, profession, occupation or employment-related activity; or going to or returning home from the place of employment or the location of the employment-related activity, without any detour or stop;
4. 
Attending a public meeting or a school, religious, recreational, or civic organization activity, event, or function which is under the direction, supervision, or control of an adult and which is organized, arranged or sponsored by the city, a local educational authority, a religious or civic organization, or another similar entity that is taking responsibility for the minor; or going to or returning home from that activity, event, or function, without any detour or stop;
5. 
Returning home from a place of public entertainment, such as a movie, play, concert, dance, or sporting event, without any detour or stop;
6. 
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;
7. 
Involved in an emergency;
8. 
In a motor vehicle, bus, or train involved in interstate travel; or
9. 
On the sidewalk that abuts the minor’s residence or that abuts the residence of a next-door neighbor, if the neighbor did not complain to the Glendale police department about the minor’s presence.
B. 
Section 9.04.040C shall not apply to the operator of an establishment, when the operator of an establishment promptly notified the Glendale police department of the minor’s presence on the establishment’s premises during nighttime curfew hours and that the minor had refused to leave.
(Ord. 5253 § 2, 2000)
A. 
No minor who is subject to compulsory education or compulsory continuation education under the state Education Code shall remain in, on or upon any establishment’s premises, public place or street during daytime curfew hours. This section shall also apply to a minor whose enrollment status is under suspension, expulsion, or transfer in progress.
B. 
No parent or guardian shall knowingly permit, or by insufficient control allow, a minor to remain in, on or upon any establishment’s premises, public place or street during daytime curfew hours. No parent or guardian shall refuse to take custody of the minor.
C. 
No operator of an establishment shall knowingly allow a minor to remain in, on or upon the establishment’s premises during daytime curfew hours.
(Ord. 5253 § 2, 2000)
A. 
Section 9.04.060 shall not apply to the minor, parent, guardian or operator of an establishment when the minor is:
1. 
Exempt or excluded from compulsory education or compulsory continuation education, as provided by the state Education Code;
2. 
Participating in an activity that is “an excused absence,” as described in state Education Code Section 48205, or any successor legislation;
3. 
Accompanied by a parent or guardian;
4. 
On an errand as directed by a parent or guardian, without any detour or stop;
5. 
Lawfully engaged in a business, trade, profession, occupation or employment-related activity; or going to or coming from a place of employment or the location of the employment-related activity, without any detour or stop;
6. 
Attending a public meeting or a school, religious, recreational, or civic organization activity, event, or function which is under the direction, supervision, or control of an adult and which is organized, arranged, or sponsored by the city, a local educational authority, a religious or civic organization, or another similar entity that is taking responsibility for the minor; or going to or coming from that activity, event, or function, without any detour or stop;
7. 
Carrying in his or her possession a valid, school issued, off-campus permit or pass that authorizes the minor to leave the school campus;
8. 
Receiving medical treatment or care; or is going to or coming from a medical appointment, without any detour or stop;
9. 
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;
10. 
Involved in an emergency;
11. 
In a motor vehicle, bus or train involved in interstate travel; or
12. 
Not a resident of the city and the minor possesses a valid passport, visitor’s visa, or other form of identification which establishes that the minor is temporarily visiting within the city.
B. 
Section 9.04.060C shall not apply to the operator of an establishment, when the operator of an establishment promptly notified the Glendale police department of the minor’s presence on the establishment’s premises during daytime curfew hours and that the minor had refused to leave.
(Ord. 5253 § 2, 2000)
A. 
Before taking any action to enforce the provisions of Section 9.04.040 or 9.04.060, a police or peace officer, who has a reasonable suspicion based on articulable facts that the minor, parent, guardian or operator of an establishment is in violation of Section 9.04.040 or 9.04.060, shall ascertain:
1. 
The minor’s name, address, age;
2. 
The name of the minor’s parent or guardian;
3. 
The reason or purpose for the minor’s being in, on or upon the establishment, public place or street during the daytime or nighttime curfew hours; and
4. 
Any other information reasonably necessary to determine whether a violation exists.
B. 
A police or peace officer shall enforce the provisions of Section 9.04.040 or 9.04.060 by way of a written notice to appear or an arrest for an adult, and by way of any procedure authorized under the state Welfare and Institutions Code Section 601, 625, 626 or 626.5, or any successor legislation, for a minor, when:
1. 
The police or peace officer reasonably believes that an offense has occurred; and
2. 
Based on any response or other circumstances, the minor, parent, guardian or operator of an establishment, who is accused of the violation, has failed to establish a defense provided in Section 9.04.050 or 9.04.070
C. 
When a minor is charged with a violation of Section 9.04.040A or 9.04.060A, each violation shall constitute a separate offense and shall be punishable as an infraction under Section 1.20.010B, unless a petition has been filed under the state Welfare and Institutions Code Section 601 or 602, or any successor legislation.
D. 
When a parent or guardian is charged with a violation of Section 9.04.040B or 9.04.060B, or when an operator of an establishment is charged with a violation of 9.04.040C or 9.04.060C, each violation shall constitute a separate offense and shall be punishable as an infraction or a misdemeanor, as provided under Section 1.20.010D.
(Ord. 5253 § 2, 2000)