(a)
It
shall be unlawful for any minor to be present in any public place
or on the premises of any establishment within the City during nighttime
curfew hours.
(b)
No
parent or guardian of a minor shall knowingly permit, or by insufficient
control, allow any minor to remain in any public place or on the premises
of any establishment within the City during nighttime curfew hours.
(c)
No
owner, operator or employee of any establishment shall knowingly allow
a minor to remain upon the premises of the establishment during nighttime
curfew hours.
(Ord. No. 983, § 1, 4-5-2011)
(a)
It is a defense to prosecution under Section 5-9.201 if the minor is:
(1)
Accompanied by the minor’s parent or guardian, or by a responsible
adult;
(2)
On an errand at the direction of the minor’s parent or guardian,
or the responsible adult, without any detour or stop;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
(5)
Involved in an emergency;
(6)
On the sidewalk abutting the minor’s residence;
(7)
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of San Juan Capistrano,
a civic or religious organization, or another similar entity that
takes responsibility for the minor, or going to or returning home
from, without any detour or stop, any of the foregoing activities;
(8)
Exercising First Amendment rights of speech or associational activity
protected by the United States Constitution or civil liberties protected
by the California Constitution, or going to or returning home from,
without any detour or stop, any of the foregoing activities; or
(9)
Traveling from an activity listed under Section 5-9.202(a) to another activity listed under Section 5-9.202(a), without any detour or stop; or
(10)
Emancipated pursuant to Federal or State law.
(b)
It is a defense to prosecution under Section 5-9.201(b) if the parent notified the police department that the minor was out during nighttime curfew hours without permission, or failed to obey the parents’ order to stay home during nighttime curfew hours.
(c)
It is a defense to prosecution under Section 5-9.201(c) if the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. No. 983, § 1, 4-5-2011)
