Note: Prior ordinance history: Ords. 1893 and 1930.
This curfew, both daytime and nighttime, is established pursuant
to the city's police powers for the purpose of preserving and promoting
the public health, safety and welfare and, in particular, to protect
minors from crime, and to protect the community from and reduce the
opportunities for juvenile crime.
(Ord. 2073 § 2, 2010)
Unless the context clearly indicates otherwise, the terms used
in this chapter will be defined as follows:
means eight-thirty a.m. until one-thirty p.m. Monday through
Friday. Curfew hours also include ten p.m. until sunrise of the following
day for each day of the week.
means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, without
limitation, a fire, a natural disaster, or 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, without limitation,
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 or caregiver 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 officers of a corporation.
means any place to which the public or a substantial group
of the public has access and includes without limitation 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 a person who is a natural parent, adoptive parent,
step-parent of a minor or guardian; or at least eighteen years of
age and authorized by a minor's parent or guardian to have the care
and custody of that minor.
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. 2073 § 2, 2010)
It is unlawful for a minor to remain in any public place or
on the premises of any establishment within the city during curfew
hours.
(Ord. 2073 § 2, 2010)
It is a defense to prosecution under this chapter that a minor
was:
(a)
Accompanied
by a responsible person;
(b)
On
an errand at the direction of a responsible person, without any detour
or stop;
(c)
Engaged
in an employment activity, or going to or returning home from an employment
activity, without any detour or stop;
(d)
Involved
in an emergency;
(e)
Attending
an official school, religious, or other recreational activity supervised
by adults and sponsored by the city of Monterey Park, 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;
(f)
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;
(g)
Emancipated
pursuant to law;
(h)
In
a motor vehicle involved in interstate travel;
(i)
Allowed
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;
(j)
Accompanied
by a responsible person or has in his or her possession a written
excuse from a responsible person;
(k)
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
Education Code Section 48205, or any other applicable state or federal
law; or
(l)
Not
in school because the minor's school is not in session.
(Ord. 2073 § 2, 2010)
Before taking any enforcement action under this section, a police
officer will ask the apparent offender's age and reason for being
in the public place or establishment. The officer will 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 this chapter exists.
(Ord. 2073 § 2, 2010)
(a)
Each
violation of this chapter will constitute a separate offense and will
be an infraction. Police officers will be authorized to issue a citation
for the offender to appear in a juvenile traffic court of competent
jurisdiction, issue a notice to appear in court pursuant to Welfare
and Institutions Code Section 256, or to file a juvenile application
for a petition to be filed under Welfare and Institutions Code Sections
601 or 602, at the police officer's discretion.
(b)
A
minor cited for an infraction under this chapter must attend a court
hearing on the infraction and must be accompanied at the hearing by
a responsible person(s). If a responsible person(s) fails to attend
the hearing with the minor, and unless the interests of justice would
otherwise be served, the court will continue the hearing and will
issue a citation to the responsible person(s) directing said person(s)
to appear at the continued hearing with the minor.
(c)
Persons
convicted of violating this chapter may be fined one hundred dollars
for the first offense within a one-year period; two hundred dollars
for the second offense within a one-year period; and five hundred
dollars for the third offense within a one-year period. Persons convicted
may, in addition or alternatively be required to perform community
service for a total time not to exceed ten hours over a period not
to exceed thirty days, during times other than his or her hours of
compulsory school attendance or employment. The court may continue
the imposition of the sentence described herein and if, after sixty
days, the minor has had no unexcused absences from school during that
period, and the minor produces proof of that fact to the court, the
court will cause the imposition of the sentence to be set aside.
(d)
Notwithstanding
any other provisions of this code, if the city council adopts a resolution
to implement cost recovery in accordance with this chapter, the police
officer will issue a warning citation for a minor's first violation
of this chapter in accordance with California Welfare and Institutions
Code Section 625.5 and any provisions of that city council resolution.
Warning citations issued in accordance with this subsection will not
be counted as a violation of this chapter for the purpose of determining
the amount of fines for infraction violations.
(Ord. 2073 § 2, 2010)
A minor who violates this chapter and the responsible person(s)
of such a minor, will be jointly and severally liable for the costs
of the law enforcement services as provided in Welfare and Institutions
Code Section 625.5. Pursuant to Welfare and Institutions Code Section
625.5, this section will be implemented by city council resolution.
(Ord. 2073 § 2, 2010)
