A.
Nighttime
curfew. It is unlawful for any minor under the age of 18 years to
be present in or upon the public streets, avenues, highways, roads,
alleys, sidewalks, parks, playgrounds, or other public grounds, public
places, public buildings, places of amusement or eating places, parking
lots or vacant lots in the City between the hours of 10:00 p.m. on
any day and sunrise of the immediately following day. This section
does not apply when:
1.
The
minor is accompanied by his or her parent, guardian or other adult
person having the care or custody of the minor, or by his or her spouse
18 years of age or older;
2.
The
minor is on an errand directed by his or her parent or guardian or
other adult person having the care or custody of the minor, or by
his or her spouse 18 years of age or older, without any detour or
stop;
3.
The
minor is attending or returning directly home from a public meeting,
or a place of public entertainment, such as a movie, play, sporting
event or school activity, without any detour or stop;
4.
The
presence of such minor in said place or places is connected with or
required with respect to a business, trade, profession or occupation
in which the minor is lawfully engaged;
5.
The
minor is attending school, religious, recreational or civic functions;
6.
The
minor is in a motor vehicle involved in interstate travel;
7.
The
minor is married, has been previously married or has been declared
emancipated pursuant to law;
8.
The
minor is on the property or sidewalk abutting the minor's residence;
9.
The
minor is involved in an emergency; or
10.
The minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech and freedom of assembly.
B.
Daytime
curfew. It is unlawful for any minor under the age of 18 years, who
is subject to compulsory education or to compulsory continuation education
to be present in or upon the public streets, avenues, highways, roads,
alleys, sidewalks, parks, playgrounds, or other public grounds, public
places, public buildings, places of amusement or eating places, parking
lots or vacant lots in the City during the minor's school hours. This
section does not apply when:
1.
The
minor is accompanied by his or her parent, guardian, or other adult
person having the care or custody of the minor;
2.
The
minor is involved in an emergency;
3.
The
minor is going to or coming directly from his or her place of employment
or a medical appointment;
4.
The
minor has permission to leave school campus for lunch or for a school
related activity and has in his or her possession a valid off-campus
permit issued by the school;
5.
The
minor is exempt from compulsory education as enumerated in Education
Code Section 48410;
6.
The
minor is exempt from compulsory education as enumerated in Education
Code Sections 48220 et seq.; including, but not limited to, a minor
receiving instruction at home pursuant to Education Code Sections
48222, 48224, 51745 or other applicable provisions of state law, or
is otherwise exempt from attendance at a public or private full-time
day school as set forth in the Education Code;
7.
The
minor is conducting activities which are "excused" for justifiable
personal reasons within the meaning of Education Code Section 48205;
8.
The
minor is going directly to or from an event or activity sponsored,
sanctioned, or arranged by the school;
9.
The
minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech and freedom of assembly; or
10.
The minor is not a student attending school within the County of
Santa Barbara or possesses a valid passport, visitors visa or other
form of identification to establish the minor is temporarily visiting
within the City, or the minor is in a motor vehicle involved in interstate
travel.
C.
Violation.
Notwithstanding any other provisions of this code, when a person under
the age of 18 years is charged with a violation of this section, and
a peace officer issues a notice to appear in Juvenile Court to that
minor, the charge shall be deemed an infraction unless the minor requests
that a petition be filed under Section 601 or 602 of the Welfare and
Institutions Code.
D.
Penalties
for violation. Any person convicted of willfully violating this section
is guilty of an infraction punishable by a fine not to exceed $80.00
and/or eight hours of community service. Community service shall be
served during a time other than the minor's hours of school attendance
or employment.
E.
Enforcement.
Before taking any action to enforce the provisions of this section,
police officers shall ask the apparent offender's age and reason for
being out in a public place during curfew hours. The officer shall
not issue a citation or make an arrest for a violation of this chapter
unless the officer reasonably believes that an offense has occurred
and that, based on any response and other circumstances, no exceptions
to this section apply.
No parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years shall knowingly permit or allow such person to violate the provisions of Section 9.04.010.
For the purposes of this chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this section.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes but is not
limited to the following: a fire, a natural disaster, an automobile
accident, or any situation requiring immediate action to prevent serious
bodily injury or loss of life.
(1) A person who under court order is the guardian of minor,
or (2) a public or private agency with whom the minor has been placed
by a court order, or (3) a person at least 18 years of age exercising
care and custody of a minor.
Any person under the age of 18 years of age.
A person who is a natural parent, adoptive parent, or a stepparent
of another person.
Any place to which the public or any substantial group of
the public has access including, but not limited to, paseos, sidewalks,
streets, highways, beaches, parks, playgrounds, and common areas of
schools, hospitals, apartments, houses, office buildings, transport
facilities, theaters, game rooms, shops, shopping malls, or any other
public place of business.
A way or place, of whatever nature, open to the use of the
public as a matter of right for the 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, curbs, 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 called, whether alley, avenue, court, road,
or otherwise.
(Prior code §§32.8. and 32.9; Ord. 4949, 1996; Ord. 4973, 1996; Ord. 5019, 1997)
