Note: §§ 9.68.080 and 9.68.090 repealed
by Ord. 3865-3/10.
For the purposes of this chapter, the following words and phrases
shall have the meaning hereafter set forth unless a different meaning
is clearly intended from the context in which such word or phrase
is used. Any word or phrase not herein defined shall have the meaning
attributed to it in ordinary usage.
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:
means any person under the age of 18 years of age.
means a police officer, deputy sheriff, or other law enforcement
agency officer.
means an 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 officers
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, and common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, theaters, game rooms, shops,
shopping malls or any other place for the sale of merchandise and
business.
means to:
means a way or place, of whatever nature, open to the use
of the public as a matter of right for purpose of vehicular travel
or in the case of a sidewalk thereof for pedestrian travel. The term
"street" includes the legal right-of-way, including, but not limited
to, the traffic lanes, curb, sidewalk, whether paved or unpaved, and
any grass plots or other grounds found within the legal right-of-way
of a street. The term "street" applies irrespective of what the legal
right-of-way is formally named or called, whether alley, avenue, court,
road or otherwise.
(3282-6/95, 3865-3/10)
A minor commits a misdemeanor if he or she remains, walks, runs,
stands, drives or rides about, in or upon any public place or on the
premises of any establishment within the City between the hours of
10:00 p.m. and 6:00 a.m. Pacific Time of the following day.
(3282-6/95)
A parent or guardian of a minor commits a misdemeanor if he
or she knowingly permits or allows the minor to remain, walk, run,
stand, drive or ride about in or upon any public place or on the premises
of any establishment open to the general public within the City during
curfew hours unaccompanied by parent or guardian.
(3282-6/95, 3865-3/10)
The owner, operator, or any employee of an establishment commits
a misdemeanor if he or she knowingly allows a minor to remain, walk,
run, stand, drive or ride about in or upon any public place within
his or her control or on the premises of any establishment within
his or her control within the City during curfew hours.
(3282-6/95)
A.
The
provisions of this chapter do not apply when the minor is:
1.
Accompanied
by the minor's parents or guardian.
2.
In
public for a specific purpose at designated times, without detour
or stop, with the minor's parent's or guardian's written permission
which shall state:
a.
The name, address and telephone number of such child;
b.
The name, address and telephone number of the parent, guardian, or
custodian for the child;
c.
The height, weight, sex, color of eyes and hair, and other relevant
physical characteristics of such child;
d.
A brief description of the employment, errand or activity for which
the minor has permission to engage in and the time of day during which
this activity will be conducted; and
e.
The points of origin and destination of the minor.
3.
Engaged
in employment activity, or going to or returning home from an employment
activity, without any detour or stop.
4.
Is
rendering aid in an emergency; is in need of aid due to an emergency
or is prevented from movement by an emergency situation. In cases
of reasonable necessity and of such urgency that the parent, guardian,
custodian, or other responsible person is unable to accompany the
minor.
5.
On
the sidewalk abutting the minor's residence.
6.
Attending,
or going to or returning home without any detour or stop, from an
official school, religious, or other recreational activity supervised
by adults or sponsored by the City of Huntington Beach, a civic organization,
or another similar entity that takes responsibility for the minor.
7.
Exercising
rights protected by the First Amendment of the United States Constitution.
8.
Married
or legally emancipated and can show proof of the same.
B.
The
provisions of this chapter do not apply when the owner, operator,
or employee of an establishment promptly notifies the Huntington Beach
Police Department that a minor is present on the premises of the establishment
during curfew hours and refuses to leave.
C.
Before
taking any enforcement action under this section, a police officer
should ask the apparent offender's age and reason for being in the
public place or on the premises of the establishment during curfew
hours.
(3282-6/95, 3475-10/00)
A.
Every
law enforcement officer is authorized and empowered to demand from
any person whom he or she has reasonable cause to believe comes within
the provisions of this chapter and who remains, walks, runs, stands,
drives or rides about in or upon any public place or on the premises
of any establishment within the City, without his or her parents or
guardian, during curfew hours, that such person give his or her name,
address and parents or guardian, names, and furnish proof of his or
her age or proof that he or she is upon an emergency errand or legitimate
business directed by his or her parents or guardian.
B.
Juveniles
who are found to be in violation of the curfew ordinance may be issued
a municipal court or administrative citation and/or taken into custody
and transported to:
C.
A parent
or guardian who knowingly permits a minor over whom he or she has
control to violate this chapter, shall be subject to the provisions
of Section 272 of the California Penal Code and may be charged with
violating the Penal Code provision.
(3282-6/95, 3865-3/10)
If a minor taken into custody is a minor coming within the provisions
of this chapter, any such law enforcement officer is authorized and
empowered to request the parents, guardian or other adult person having
the care and custody of such minor that they take custody of the minor.
Refusal on the part of the parent or guardian to accept a minor for
whom the parent or guardian is responsible, shall be a misdemeanor.
(3282-6/95, 3865-3/10)
The remedies provided in this chapter are in addition to the
remedies and penalties available under the Huntington Beach Municipal
Code and all other laws of the state.
(3282-6/95)
It shall be deemed a public nuisance for any minor to remain,
walk, run, stand, drive or ride about, in or upon any public place
or on the premises of any establishment within the City between the
hours of 10:00 p.m. and 6:00 a.m.
(3282-6/95)
If any section, subsection, phrase or clause of this section
is for any reason held to be invalid, such decision shall not affect
the validity of the remaining portion of this section. The City Council
declares that it would have adopted this chapter and each section,
subsection, phrase or clause thereof irrespective of the fact that
any one or more sections, subsections, sentences, phrases or clauses
be declared invalid.
(3282-6/95)
