For purposes of this chapter:
"Curfew hours"
means the period from ten 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. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"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 the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent 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, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Responsible adult"
means a person at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a 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. 463 § 2, 1997; Ord. 464 § 2, 1997)
It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city of Cathedral City during curfew hours and for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
It is a defense to prosecution under Section 11.56.020 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 the responsible adult, without any detour or stop;
C. 
In a motor vehicle involved in interstate travel;
D. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. 
Involved in an emergency;
F. 
On the sidewalk abutting the minor's residence;
G. 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Cathedral City, a civic organization, or another similar entity that takes responsibility for the minor, 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 Cathedral City, a civic organization, or another similar entity that takes responsibility for the minor;
H. 
Exercising First Amendment rights protected by the United States Constitution; or
I. 
Emancipated pursuant to law.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
Before taking any enforcement action under Section 11.55.020, a police 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 this chapter unless the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 11.56.021 is present or applicable.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
It is unlawful for any minor, who is subject to compulsory education or to compulsory continuation education pursuant to the Education Code, to be present in any public place or on the premises of any establishment within the city of Cathedral City during the hours of seven thirty a.m. and two ten p.m. on days when school is in session.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
It is a defense to prosecution under Section 11.56.030 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 the responsible adult, without any detour or stop;
C. 
In a motor vehicle involved in interstate travel;
D. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. 
Involved in an emergency;
F. 
Permitted to leave the school campus and has in his or her possession a validly issued off-campus permit;
G. 
Excused for a scheduled day off, holiday, vacation or illness;
H. 
Emancipated pursuant to law; or
I. 
Exercising any First Amendment rights protected by the United States Constitution in the context of the juvenile truancy regulations set forth in Section 11.56.050.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
Before taking any enforcement action under Section 11.55.030, a police officer shall ask the apparent offender's age and reason for not being in school during school hours. The officer shall not issue a citation or make an arrest under this chapter unless the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 11.56.031 is present or applicable.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)
Any person violating the provisions of this chapter shall be guilty of an infraction. Minors shall be dealt with in accordance with juvenile court law and procedure.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997; Ord. 696 § 1, 2010)
Each time a juvenile is cited for violation of this chapter, the police department shall cause a notice of delinquency to be sent to the parents or guardian of said juvenile. Such notice shall include, among other things, a reference to Section 272 of the California Penal Code regarding the provisions pertaining to contributing to the delinquency of a minor.
(Ord. 463 § 2, 1997; Ord. 464 § 2, 1997)