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.
"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)
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)