The city council declares its purpose and intent in enacting the ordinance codified in this chapter is as follows:
A. 
The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increases with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults.
B. 
Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief.
C. 
In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.
D. 
Curfew ordinances tend to reinforce parental authority and supervision.
(Prior code § 4240.01)
A. 
It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots, buildings or structures, between the hours of 10:00 p.m. and sunrise immediately following.
B. 
This section shall not apply when:
1. 
The minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or
2. 
The minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; or
3. 
The minor is acting within the course and scope of gainful employment, or is traveling directly to or from his or her place of gainful employment, or to or from a medical appointment and the minor can produce written evidence of same; or
4. 
With the written consent of the minor's parent or legal guardian, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance; or
5. 
The minor is exercising rights protected by the First Amendment of the United States Constitution or Article I of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activity involving the exercise of constitutional rights, and the specific location where the minor is permitted to be during such hours; or
6. 
The minor is legally married, or is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or
7. 
The minor is in a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent's or guardian's written consent thereto; or
8. 
The minor is on any public sidewalk immediately adjacent to his or her residence; or
9. 
The minor is homeless.
C. 
A violation of this section shall constitute an infraction and shall be punishable as provided for in this code, or otherwise as provided by law.
(Prior code § 4240.04)
A. 
It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots, buildings or structures during the period from 8:00 p.m. on the evening of the city's sponsored Market Night until 6:00 a.m. the following day within the Market Night outdoor area and all public property located within 20 feet of the Market Night outdoor area. For purposes of this subsection, the Market Night outdoor area is defined as the geographical area bounded by "A" Street on the south, 1st Avenue on the west, "C" Street on the north and 3rd Avenue on the east.
B. 
This section shall not apply when:
1. 
The minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or
2. 
The minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; or
3. 
The minor is acting within the course and scope of gainful employment, or is traveling directly to or from his or her place of gainful employment, or to or from a medical appointment and the minor can produce written evidence of same; or
4. 
With the written consent of the minor's parent or legal guardian, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance; or
5. 
The minor is exercising rights protected by the First Amendment of the United States Constitution or Article I of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activity involving the exercise of constitutional rights, and the specific location where the minor is permitted to be during such hours; or
6. 
The minor is legally married, or is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or
7. 
The minor is in a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent's or guardian's written consent thereto; or
8. 
The minor is on any public sidewalk immediately adjacent to his or her residence; or
9. 
The minor is homeless.
C. 
A violation of this section shall constitute an infraction and shall be punishable as provided for in this code, or otherwise as provided by law.
(Prior code § 4240.06)
A. 
It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education, to be in or upon any public building, place of amusement, eating establishment, abandoned or vacant building or structure, any place not under the immediate supervision of an adult, or any public place during school hours and on school days applicable to such minor. The minor shall have the burden of establishing his or her school days and hours. This section shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.
B. 
This section shall not apply when:
1. 
The minor is accompanied by his or her parent or legal guardian; or
2. 
The minor is on an errand directed by his or her parent or legal guardian; or
3. 
The minor is going to or from his or her place of gainful employment with a valid school work permit; or
4. 
The minor is traveling directly to or from a medical appointment, provided written evidence of such appointment, or a valid, school-issued off-campus permit together with written identification, is in the minor's possession; or
5. 
The minor has permission to leave campus for the lunch period and has in his or her possession a valid and current lunch pass and is in conformance with the conditions and restrictions of the lunch pass; or
6. 
The minor is going directly to or from an event or activity sponsored, sanctioned or arranged by his or her school; or
7. 
The minor has permission to leave his or her school and has in possession a valid, school-issued, off-campus permit together with written identification; or
8. 
The minor is receiving home or private school instruction pursuant to Education Code Section 48222, or is receiving instruction from a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt by law from attendance at a full-time public school; or
9. 
The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law.
C. 
A violation of this section shall constitute an infraction and shall be punishable as provided for in this code, or otherwise as provided by law.
(Prior code § 4240.08)
Every parent, guardian or other person having legal care, custody, or control of any person under the age of 18 years who allows or permits such person to violate any provisions of this chapter is guilty of a misdemeanor.
(Prior code § 4240.10)
No person, either by himself or herself, his or her agent, employee or servant, shall suffer or permit any person, under the age of 18 years, to engage in any game of chance or skill in his or her place of amusement or room kept, used, owned or controlled by him or her, for gaming or amusement purposes of any kind whatsoever, after having been notified in writing by the parent or guardian of his or her objection to his or her child or ward being allowed to engage in such game of skill or chance, particularly naming it.
(Prior code § 4240.15)
A. 
Purpose and Intent. The citizens of this city have a legitimate and exigent interest in the prevention of the distribution of material deemed harmful to minors. While the laws of this state prevent the sale or distribution of obscene matter, no distinction is made in such laws as to matter which is deemed harmful to minors.
Recognizing that the total suppression of material deemed harmful to minors would reduce the adult population of this city to reading, viewing and otherwise observing that which is fit only for children, the further purpose and intent hereof is to distinguish between adults and minors as to material deemed fit for them and to prohibit the distribution to minors of material which, while not prescribed for adult consumption under the law as interpreted by the courts, is nevertheless deemed harmful to children, thereby serving the spiritual, emotional, mental and physical welfare of our youth and of all the citizens of this city.
B. 
Definitions. As used in this section:
"Distribute"
means to transfer possession of, whether with or without consideration.
"Exhibit"
means to show.
"Harmful material"
means that type of quality of material which, taken as a whole, is patently offensive to the prevailing community standard with respect to what is suitable material for minors in that the predominant appeal of the material is to the lascivious interest of minors; i.e., tending to excite lustful thoughts and desires by its description, account of display of nudity, sex or sexual behavior.
"Knowingly"
means having knowledge of the character and content of the subject matter, or failing to exercise reasonable inspection which would disclose the content and character thereof.
"Material"
means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, movie picture or other pictorial representation or any statue or other figure or any recording, transcription or mechanical, chemical or electrical reproduction.
"Minor"
means any person under the age of 18 years.
"Person"
means any individual, partnership, firm, association, corporation or other legal entity.
C. 
It is unlawful for any person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to or exhibits to or offers to distribute or exhibit to such minor any harmful material.
D. 
Proof that the defendant or his employee or agent demanded and was shown and acted in reliance upon any of the following documents as proof of the age of a minor shall be a defense to any criminal prosecution under this section: A document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including but not limited to a driver's license, a registration certificate issued under the Selective Service Act, or an identification card issued to a member of the armed forces identifying the holder and showing that the holder is 18 years of age or over.
(Prior code § 4240.20)
During the time that the public schools within the city are in regular session, it is unlawful for any person operating, owning or possessing any game for commercial purposes or offering any other form of commercial entertainment, to suffer or allow any minor under 17 years of age to operate, use or to participate in such game or entertainment or to loiter on the premises where such game is located or entertainment offered between the hours of 8:00 a.m. and 3:30 p.m.
(Prior code § 4240.25)
A. 
Purpose and Intent. The city council finds that it is in the interest of public health, safety, and welfare of the citizens of Upland to protect minors from viewing publicly displayed harmful matter, and that pursuant to Penal Code Section 313.1(d) and (e) the city is authorized to adopt ordinances which restrict the display of harmful matter to minors by the use of blinder racks. The city council further finds that there exists an increasing trend toward the display of harmful matter, within the meaning of Penal Code Section 313, at grocery stores, convenience stores, video stores and other retail outlets within the city, and that the restriction of public display of harmful matter will keep the adverse impacts of such harmful matters upon minors to a minimum. This section is enacted for the purpose of reducing the adverse impacts of such harmful matter upon minors.
B. 
Definitions. Definitions as used in this section:
"Blinder rack"
means an opaque device which serves to cover the lower 2/3 of any matter displaying harmful matter.
"Harmful matter"
shall be defined in accord with Penal Code Section 313(a) and means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interests, and is matter which taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
"Matter"
shall be defined in accord with Penal Code Section 313(b) to mean any book, magazine, newspaper, video recording or any other printed or written material or any other picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any other recording, transcription or mechanical, chemical, or electrical reproduction of any other articles, equipment, machines, or materials.
"Minor"
means any natural person under the age of 18 years.
"Prurient interest"
means matter whose predominant appeal goes substantially beyond customary candor, and taken as a whole is without redeeming social importance. Further, prurient interests is defined to mean a shameful or morbid interest in nudity, sex, or excretion, to an extent that it is patently offensive to the prevailing standards in the adult community as a whole.
C. 
Display of Harmful Matter to Minors Prohibited, Excluding Vending Machines.
1. 
Unlawful to Display Harmful Materials. It is unlawful to display, cause to be displayed or permit to be displayed for commercial purposes any harmful matter to a minor in a public place other than a public place from which minors are excluded.
2. 
Blinder Rack Required. Harmful matter is not displayed if it is located in an area which places such material reasonably beyond the reach of any minor and a device commonly known as a blinder rack is placed in front of such harmful matter.
3. 
Video Sale—Separation for Adults Only. Any person who sells or rents a video recording containing harmful matter shall comply with Penal Code Section 313.1(e) which requires the creation of a separate area within his or her business establishment for the placement of video recordings of harmful matter and for the display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.
4. 
Exclusion of Vending Machines. Notwithstanding anything to the contrary in this section, the unlawful display of harmful matter to a minor shall not include nor shall it pertain to the display of such material in a coin-or slug-operated vending machine or mechanically or electronically controlled vending machine which is located in a public place other than a public place from which minors are excluded, and such vending machines shall not be considered a retail or commercial outlet for the purposes of this section.
D. 
Penalties. Every day that this section is violated shall result in a separate violation of this section. Every violation of this section shall be punishable as a misdemeanor.
(Prior code § 4240.30)
A. 
Purpose and Intent. The city council finds that it is in the interest of public health, safety and welfare of the citizens of Upland to protect all persons from viewing public displays of certain sex acts and anatomical areas in street news racks and other coin-or slug-operated vending machines or mechanically or electronically controlled vending machines located in public places. The city is authorized to adopt ordinances restricting the display of specified acts under Penal Code Section 313.1(c) and (d), to restrict the display of specified acts in public vending machines. The city council finds public display of the specified sex acts is harmful to minors. The city council recognizes that the state legislature has preempted the area of display, sales or offers to sell in coin- or slug-operated vending machines, harmful matter depicting the specified acts. However, the city council also recognizes the state legislature has permitted cities to adopt ordinances requiring blinder racks in front of such material depicting the specified acts. This section is enacted for the purpose of reducing the adverse impacts of viewing such specified acts upon all citizens especially since the specified acts are harmful to minors, and to restrict the public display of the specified acts.
B. 
Definitions as Used in This Section.
"Blinder rack"
means an opaque device which serves to cover the lower two-thirds of any matter displaying any specified act.
"Display"
means and include any photograph or pictorial representation of any of the specified acts, visible to the public.
"Matter"
shall be defined in accord with Penal Code Section 313(b) to mean any book, magazine, newspaper, cover of a video recording or any other printed or written material or any other picture, drawing, photograph, motion picture, or any other pictorial representation or any statue or other figure or any other recording, transcription, or mechanical, chemical or electrical reproduction of any other articles, equipment, machines or materials.
"Specified acts"
are listed in Penal Code Section 313.1(c) and include sodomy, oral copulation, sexual intercourse, masturbation, bestiality, and photographs of an exposed penis in an erect and turgid state.
C. 
Display of Matter with Specified Harmful Acts in News Racks or Vending Machines.
1. 
It is unlawful to display, cause to be displayed, permit to be displayed, or sell or offer to sell in news racks or any coin-or slug-operated vending machine or mechanically or electronically controlled vending machine any matter which has open to public view a pictorial representation or photograph of any of the following acts: Sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or an exposed penis in an erect and turgid state.
2. 
Blinder Rack Required. Matter displaying one of the specified acts is not displayed to the public if a device commonly known as a blinder rack is in front of the material, so that the lower two-thirds of the material is not exposed to view.
D. 
Punishment. Every day that this section is violated shall result in a separate violation of this section. Every violation of this section shall be punishable as a misdemeanor. The penalties as prescribed in this section are not exclusive.
(Prior code § 4240.35)