Prior ordinance history: Ord. Nos. 3023 and NS-415.
This chapter shall be entitled the Parental Responsibility and Juvenile Crime and Victimization Prevention Law of the City of Carlsbad. The purpose of this chapter is:
A. 
To promote the public health, safety and welfare by reducing juvenile violence and crime within the city; and
B. 
To protect juveniles, whose lack of maturity and experience renders them especially vulnerable to being victimized by older perpetrators of crime and to becoming participants in unlawful activities involving alcohol, drugs, graffiti, vandalism, theft and gang-related crimes; and
C. 
To foster and strengthen parental responsibility for juveniles.
(Ord. NS-416 § 1, 1997; Ord. NS-658 § 1, 2003)
"Curfew hours"
means the hours between 11:00 p.m. and 5:00 a.m. each day.
"Emancipated"
means a juvenile who is self-supporting and independent of parental control as a result of a court order or by marriage of the juvenile under California Family Code Section 302.
"Emergency"
means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, without limitation, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Guardian"
means (1) a person who, under court order, is the guardian of the subject juvenile, or (2) a public or private agency with which the court has placed the subject juvenile.
"Juvenile"
means any person under the age of 18.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of the subject juvenile.
"Public place"
means any place to which the public or a substantial group of the public has access, and includes, without limitation, sidewalks, streets, highways, parks, trails, beaches, vacant lots, and the common areas of schools, hospitals, office buildings, housing complexes, and shopping centers.
"Responsible adult"
means a person at least 18 years of age who is authorized by a parent or guardian to have temporary care, custody or control of the subject juvenile.
"Serious bodily injury"
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. NS-416 § 1, 1997; Ord. NS-658 § 2, 2003)
Except as provided in Section 8.04.050, it is unlawful for any juvenile to be present in any public place during curfew hours.
(Ord. NS-658 § 3, 2003)
Except as provided in Section 8.04.050, it is unlawful for a parent, guardian, or responsible adult to knowingly, or by insufficient control, permit a juvenile to be present in any public place during curfew hours.
(Ord. NS-416 § 1, 1997; Ord. NS-658 § 4, 2003)
Sections 8.04.030 and 8.04.040 do not apply:
A. 
When the juvenile is accompanied by a parent, guardian, or responsible adult; or
B. 
When the juvenile is on an errand without detour or stop that is directed by a parent, guardian, or responsible adult; or
C. 
When the juvenile is engaged in, or traveling without detour or stop to or from a school, religious, recreational, or civic function supervised by adults and sponsored by a school, religious, recreational, or civic organization taking responsibility for the juvenile; or
D. 
When the juvenile is traveling without detour or stop to or from the juvenile's place of employment or is engaged in employment-related activities; or
E. 
When the juvenile is traveling without detour or stop to or from a medical appointment; or
F. 
When the juvenile is in a motor vehicle engaged in interstate travel; or
G. 
When the juvenile is on a sidewalk abutting the juvenile's home, or the home of a guardian or responsible adult; or
H. 
When the juvenile is involved in an emergency; or
I. 
When the juvenile is engaged in "expressive activities" protected by the federal or state constitutions, such as the free exercise of religion, freedom of speech, or the right of assembly; or
J. 
When the juvenile is emancipated.
(Ord. NS-416 § 1, 1997; Ord. NS-658 § 5, 2003)
Any juvenile, parent, guardian, or responsible adult who violates any provision of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision within one year shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.010 of this code.
(Ord. NS-416 § 1, 1997; Ord. NS-658 § 6, 2003)