City of San Juan Capistrano, CA Article 4 Enforcement of Violations and Penalties

§ 5-9.401 Enforcement.

(a) Every law enforcement officer is hereby authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating this chapter and does not come within the exceptions herein that such person give his or her name and address, and the name of his or her parent(s), guardian(s) or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of his or her age and that he or she comes within the exceptions herein.

(b) If, after demanding the information described in subsection (a) above, the officer still has reasonable cause to believe the person is violating this chapter and does not come within the exceptions herein, the officer is hereby authorized and empowered to take any or more than one of the following actions:

(1) To issue a warning to such person and/or his or her parent(s) or guardian(s) about the consequences of violating this chapter;

(2) To take such minor into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult;

(3) To communicate with the parent(s) or guardian(s) of such minor and demand from any of them the information described in subsection (a) above;

(4) To communicate with the parent(s) or guardian(s) of such minor and demand of any of them that he or she take the minor to the minor’s residence or to any place where the minor will be supervised by a responsible adult;

(5) To issue to such minor a notice to appear before the Juvenile Court, a Juvenile Court referee or a juvenile traffic hearing officer, as appropriate;

(6) To take such minor into temporary custody in accordance with Welfare and Institutions Code Sections 625 and 625.5, subject to Welfare and institutions Code Section 207;

(7) To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the officer to safeguard the wellbeing of such minor.

(c) A law enforcement officer shall not take any of the enforcement actions described in subsection (b) above, unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating this chapter and, based upon any responses and other circumstances, has no defense hereunder.

(Ord. No. 983, § 1, 4-5-2011)

§ 5-9.402 Failure of parent or guardian to take minor to a safe place during curfew hours.

It is unlawful for any parent or guardian to fail to take a minor to his or her residence or to a place where he or she will be supervised by a responsible adult, when so demanded by any law enforcement officer in accordance with Section 5-9.401(b)(4)5-9.401(b)(4).

(Ord. No. 983, § 1, 4-5-2011)

§ 5-9.403 Violation and penalty.

Any person violating the provisions of this chapter shall be guilty of an infraction punishable by a fine not exceeding $100 for a first (1st) violation, one hundred fifty [dollars] ($150.00) for a second (2nd) violation of the same provision within any 12 consecutive month period, and two hundred [dollars] ($200.00) for a third (3rd) violation of the same provision within any 12 consecutive month period. Any fourth (4th) and subsequent violation of the same provision of this chapter within any 12 consecutive month period shall be a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 983, § 1, 4-5-2011)