The city council of the city of Lathrop finds that a juvenile curfew ordinance is necessary and desirable because of the protection of minors and the safety of the community. This chapter imposes a higher degree of governmental regulation of minors. However, this higher degree of governmental regulation is necessary because of the particular vulnerability of minors and their inability to make critical decisions in an informed and mature manner. The city of Lathrop recognizes a compelling governmental interest in preserving the safety of the community and providing a higher degree of protection for its minors during the nighttime hours.
(Ord. 07-266 § 2)
For purposes of this chapter:
"Curfew hours"
means the period from eleven p.m. any evening of the week, until sunrise the following day. The aforesaid eleven p.m. shall be twelve a.m. when a person under the age of 18 years shall have gone to a place of entertainment or amusement, other than one at which liquor is sold, prior to eight-thirty p.m., where a regular program or evening's entertainment shall have commenced prior to eight-thirty p.m., and shall have been held over or been continued beyond eleven p.m.
"Emergency"
means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment"
means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Guardian"
means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
"Minor"
means any person under 18 years of age.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of another person.
"Public place"
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Responsible adult"
means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
"Sunrise"
means that time reported in the local newspaper, almanac, or similar publication, as sunrise.
(Ord. 07-266 § 2)
A. 
It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
B. 
It is unlawful for any parent or guardian or a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
C. 
It is a defense to prosecution under Section 9.16.010 that the minor was:
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 Lathrop, a civic organization, or another similar entity that takes responsibility for the minor;
8. 
Exercising First Amendment rights protected by the United States Constitution; or similar rights protected by the Constitution of the state of California; or
9. 
Emancipated pursuant to law.
D. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection C of this section is present or applicable.
E. 
Each violation of this section shall constitute a separate offense.
(Ord. 07-266 § 2)
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1.16.010.
(Ord. 07-266 § 3)