A. In addition to the provisions of Section
9.16.010 of the code, and except as set out in subsection
(B) below, it is unlawful for any minor under the age of eighteen who is subject to compulsory education or to compulsory continuation education requirements to remain in any public place or establishment within the city between the hours of eight-thirty a.m. and one-thirty p.m. or other hours as designated by the respective school district or school on days when school is in session.
B. The provisions of subsection
(A) do not apply when:
1. The
minor is accompanied by his or her parent(s), legal guardian, or by
his or her spouse eighteen years of age or older;
2. The
minor's parent(s) or legal guardian has given minor permission to
remain in a public place or establishment during curfew hours;
3. The
minor is involved in an emergency;
4. The
minor is attending, going to or returning home without any detour
or stop from an official meeting, school activity, civic organization,
educational, religious or recreational activity supervised by adults;
5. The
minor is engaged in lawful employment activity or is going to or returning
from a lawful employment activity without any detour or stop;
6. The
minor is in a motor vehicle involved in interstate travel;
7. The
minor is exercising his or her First Amendment rights, such as freedom
of speech, right of assembly or free exercise of religion;
8. The
minor is on the sidewalk adjacent to his or her residence;
9. The
minor is an "emancipated minor" as that term is defined in Family
Code 7002.
Any minor who violates this section is guilty of a misdemeanor.
C. Definitions.
As used herein, the following words and phrases shall have the meaning
set out:
"Emergency"
means one or more unforeseen circumstances or resulting state
requiring immediate action, such as fire, natural disaster, accident
or situation requiring immediate action to prevent or treat serious
injury or loss to person or property.
"Establishment"
means any privately owned place of business to which the
public is invited including, but not limited to places of amusement
or entertainment.
"Guardian"
means a person ordered to be such by a court or a public
or private agency with whom the minor has been placed.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is a natural or adoptive or step-parent
or someone at least eighteen years old authorized by a parent or guardian
to have care, custody or control of the minor.
"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 school, apartment houses, office
buildings, transport facilities and shops.
(Ord. 792-95 § 2; Ord. 838-97 § 3)
Every parent, guardian or other adult person having legal care, custody or control of any minor under the age of eighteen years who knowingly aids, abets or encourages such minor described in Sections
9.16.010 or
9.16.030 to violate the provisions of those sections is guilty of a misdemeanor. A violation of this subsection shall also be considered a violation of
Penal Code 272, punishable as provided by state law.
(Ord. 792-95 § 2)
Pursuant to the provisions of the
Welfare and Institutions Code,
the city council may adopt, by resolution, a procedure to recoup the
law enforcement and other administrative costs of identifying, detaining
and transporting minors who violate curfew or truancy provisions of
this code to their places of residence and to recover those costs
from the parent(s) or legal guardian(s) and from the minor(s) involved.
(Ord. 792-95 § 2)