The rate of juvenile crime increases between the ages of 10 and 16, and crimes committed by juveniles is most likely to occur between the hours of 10:00 p.m. and 1:00 a.m. Jurisdictions which have controlled juvenile movement during these hours have experienced a significant decline in crime rates and noncriminal vandalism and mischief. Juveniles are among the most vulnerable persons in our society and generally lack the maturity to make critical decisions regarding the behavior. Juveniles have also increasingly been the targets of crime and the adoption of a curfew will assist in combating this trend. This curfew is implemented to supplement and reinforce parental authority to control the movement of minors during the time of peak criminal activity and to promote and protect the public health, safety and general welfare of the citizens of Orange.
(Ord. 18-11, 2012)
For purposes of this chapter, the following definitions shall apply:
"Curfew hours"
means between 10:00 p.m. any evening of the week until 5:00 a.m. the following morning.
"Emergency"
means any unforeseeable combination of circumstances or situations that require immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical or any other situation requiring immediate action to prevent great 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, shops, shopping malls, restaurants, arcade and game rooms, or any other place of amusement or entertainment.
"Great 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.
"Guardian"
means any person who, under court order, is the guardian, caretaker, conservator, custodian, safekeeper, supervisor, or ward of the minor; or is a public or private agency with whom the minor has been placed by the court.
"Minor"
means any person less than 18 years of age.
"Parent"
means any person who is the 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 which includes, but is not limited to, streets, highways, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, and transportation facilities.
"Responsible adult"
means a person at least 18 years of age, expressly authorized by a parent or guardian to have legal custody and control of the minor.
(Ord. 18-11, 2012)
A. 
No minor shall be present, loiter, idle, wander, roam, play or remain in or upon any public place or establishment, or fail to leave any public place or establishment during curfew hours.
B. 
No parent, guardian, or responsible adult of a minor may knowingly permit, or by insufficient control allow, a minor to be present in any public place or on the premises of any establishment in the City during curfew hours.
(Ord. 18-11, 2012)
Exceptions to the provisions of this chapter may occur if the minor was:
1. 
Accompanied by a parent, guardian, or other responsible adult;
2. 
Traveling reasonably directly to or from, or engaged in the performance of a duty directed by a parent, guardian, or responsible adult;
3. 
Traveling reasonably directly to or from, or engaged in, any permissible employment which requires the minor to remain in or upon a public place or establishment during curfew hours;
4. 
Traveling reasonably directly to or from, or engaged in, any expressive activities within his or her rights under the First Amendment to the Constitution of the United States;
5. 
Traveling reasonably directly to or from, or engaged in, any official school, religious, recreational, civic, charitable, or organized associational activities supervised or superintended by a responsible adult;
6. 
Traveling reasonably directly to or from, or responding to, an emergency situation;
7. 
Remaining, lingering, loitering, idling, or wandering in or on a public or private sidewalk directly in front of or reasonably adjacent to the minor's residence;
8. 
Engaging in bona fide interstate travel that may begin, end, or pass through the City; or
9. 
Emancipated pursuant to the law.
(Ord. 18-11, 2012)
A. 
Any person who violates the provisions of this section shall be guilty of a misdemeanor.
B. 
Minors shall be dealt with in accordance with juvenile court law and procedure.
C. 
Each violation of this section shall constitute a separate offense.
(Ord. 18-11, 2012)