Note: Prior history; prior code Sections 13.2A through
13.2D as amended by Ords. 1032, 1095, 1609, 1613 and 1644.
For purposes of this chapter, the following terms shall have
the following meanings:
includes the meanings of "darkness curfew hours" and "daytime
curfew hours," as defined below:
"Darkness curfew hours"
means any Sunday, Monday, Tuesday, Wednesday or Thursday
from 11:00 p.m. until 5:00 a.m. of the following day; and any Saturday
or Sunday from 12:01 a.m. until 5:00 a.m.
"Daytime curfew hours"
means Monday through Friday when school is in session from
8:30 a.m. until 1:30 p.m.
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, 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 person who, under court order, is the guardian of
the person of a minor; or a public or private agency with whom a minor
has been placed by a court.
means any person under eighteen years of age.
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 officer
of a corporation.
means a person who is a natural parent, adoptive or stepparent,
or at least eighteen years of age and authorized by a parent or guardian
to have the care and custody of a minor.
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.
means to linger or stay, or fail to leave premises when requested
to do so by a police officer or the owner, operator, or other person
in control of the premises.
means injury to a person which causes death or creates a
substantial risk of: death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
(Ord. 1701 § 1, 1999)
Curfew Violation. A minor commits an offense if he or she remains
in any public place or on the premises of any establishment within
the city during curfew hours.
(Ord. 1701 § 1, 1999)
(a)
Darkness
Hours. It is a defense to prosecution under subsection 9.12.020(a)
of this chapter for a violation as defined in subsection 9.12.010(1)
of this chapter, that a minor was:
(1)
Accompanied by the minor's parent or guardian;
(2)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(3)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
(4)
Involved in an emergency;
(5)
On the sidewalk abutting the minor's residence or abutting the residence
of a next-door neighbor if that neighbor or other neighborhood resident
did not complain to the police department about the minor's presence;
(6)
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the city, a civic or religious
organization, or another similar entity, which takes responsibility
for the minor; or going to or returning home from, without any detour
or stop, such supervised activity;
(7)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right to peacefully assembly;
(8)
Emancipated pursuant to law; or
(9)
In a motor vehicle involved in interstate travel.
(b)
Daytime
Hours. It is a defense to prosecution under subsection 9.12.020(a)
of this chapter for a violation as defined in subsection 9.12.010(2)
of this chapter, that a minor, whose school is in session, was:
(1)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(2)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
(3)
Involved in an emergency;
(4)
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the city, a civic or religious
organization, or another similar entity, which takes responsibility
for the minor; or going to or returning home from, without any detour
or stop, such supervised activity;
(5)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right to peaceably assemble;
(6)
Emancipated pursuant to law;
(7)
In a motor vehicle involved in interstate travel;
(8)
The minor has permission to leave campus for lunch or a school-related
activity and has in his or her possession a valid, school-issued,
off-campus permit or is supervised by school personnel;
(9)
The minor is with a parent or guardian or has in his or her possession
a written excuse from the minor's parent(s), legal guardian(s), or
other adult having the legal care or custody of said minor, which
provides a reasonable explanation for the minor's absence from school;
(10)
The minor is not subject to compulsory education or to compulsory
continuation education pursuant to the California Education Code or
when the minor is authorized to be absent from his or her school pursuant
to the provisions of California Education Code Section 48205, or any
other applicable state or federal law.
(Ord. 1701 § 1, 1999)
Before taking any enforcement action under this section, an officer shall ask the apparent offender's age and reason for being in the public place or establishment during curfew hours. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 9.12.030 of this chapter is present.
(Ord. 1701 § 1, 1999)
A person who violates a provision of this chapter is guilty
of an infraction, and each day or part of a day during which the violation
is committed, continued or permitted shall be a separate offense.
(Ord. 1701 § 1, 1999)
