A.
The
City Council finds and declares that there has been an increase in
juvenile violence, juvenile gang activity, and crime by persons under
the age of 18 in the City. The City Council finds that persons under
the age of 18 are particularly susceptible by their lack of maturity
and experience to participate in unlawful and gang-related activities
and to be victims of older perpetrators of crime. The City Council
finds that the City has an obligation to provide for the protection
of minors from each other and from other persons, for the enforcement
of parental control over and responsibility for children, for the
protection of the general public, and for the reduction of the incidence
of juvenile criminal activities, both at night and during the day.
Very often the criminal activity the juveniles engage in occurs at
a time when, pursuant to State law, they are required to be in school.
The utmost compelling interest exists to ensure that all children
are educated and prepared to be productive members of society.
B.
The
City Council further finds that a curfew for those under the age of
18 will be in the interest of the public health, safety, and general
welfare and will help to attain the foregoing compelling objectives
and to diminish the undesirable impact of such conduct on the citizens
of the City. It is the intent of the City Council to enact a curfew
that is narrowly tailored to address the aforestated compelling interest
of the City with minimal burden upon the constitutional rights of
minors.
(Prior code § 5-131.1)
Whenever herein the following terms are used, they shall have
the meaning ascribed to them in this section, unless otherwise apparent
by the context:
means any person at least 18 years of age.
means an official school, religious, or other organized recreational
activity supervised by adults. This term includes, but is not limited
to, dances, plays, motion pictures, and sporting events.
means after the hour of 11:00 p.m. until 6:00 a.m. on the
following day; and, for those juveniles who are subject to the compulsory
education laws of the State, including continuing education, during
those hours during the day when school is actually in session.
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.
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.
means a:
means:
Accompanied by the minor's parent or guardian; or
On an errand at the direction of the minor's parent or guardian;
or
In a motor vehicle involved in interstate travel; or
Engaged in an employment activity; or
Exercising First Amendment rights protected by the United States
Constitution, such as free exercise of religion, and freedom of speech;
or
Involved in an emergency; or
On a sidewalk or area abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence; or
Engaged in a school sponsored activity.
means any person under 18 years of age, but shall not include
a person who is married or had been married, or who had been emancipated
in accordance with Part 6 of Division 10 of the California Family
Code.
means any individual, firm, association, partnership, or
corporation operating, managing, or conducting any establishment.
The term includes the members or partners of an association or partnership
and the officers and employees of a corporation.
means a person who is:
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, parks, and the common areas of schools, except when school
is not in session, hospitals, apartment houses, office buildings,
transport facilities, and shops.
means to:
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.
(Prior code § 5-131.1.1)
It is unlawful and a misdemeanor for any minor under the age of 18 years to remain in or upon any public street, sidewalk, park or other public place within the City during curfew hours, as defined above, unless such minor is accompanied by a parent, guardian or other adult person having the care, control or custody of said minor. This section shall not apply to such minor actively proceeding to or from any establishment, amusement activity, worship, or legitimate activity, or participating in any amusement activity, worship, or other legitimate activity, as defined in Section 9.24.020.
(Prior code § 5-131.1.2)
Before taking any enforcement action under this chapter, a peace
officer shall ask the apparent offender's age and reason for being
in the public place. The officer shall not issue a citation or make
an arrest or other detention under this chapter unless the officer
reasonably believes that an offense has occurred and that, based upon
any response and other circumstances, no exception to the applicability
of this chapter is present.
(Prior code § 5-131.1.3)
It is unlawful and a misdemeanor for any parent or guardian
having the legal care or custody of a minor under the age of 18 years
to knowingly allow or permit the minor to violate the provisions of
this chapter.
(Prior code § 5-131.2)
