The following definitions shall apply to this chapter:
"Curfew hours"
means the period from 10:00 p.m. until 5:00 a.m. the following day.
"Emergency"
means the 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, pursuant to 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 or adoptive parent of a minor.
"Public place"
means any place to which the public or a substantial group of public has access to and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transportation 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 or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. 2010-14)
A. 
It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Encinitas during curfew hours unaccompanied by a parent, guardian or responsible adult.
B. 
It is unlawful for any parent or guardian of a minor to knowingly or by insufficient control allow the minor to be present in any public place or on the premises of any establishment within the City of Encinitas during curfew hours unaccompanied by a parent, guardian or responsible adult.
C. 
It is a defense to prosecution under subsection A or B of this section that the minor was:
1. 
On an errand at the direction of the minor's parent, guardian or responsible adult, without any detour or stop.
2. 
In a motor vehicle involved in interstate travel.
3. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
4. 
Involved in an emergency.
5. 
On the sidewalk abutting the minor's residence.
6. 
Attending an official school, religious or recreational activity supervised by one or more adults and sponsored by the City of Encinitas, a civic organization or other similar entity that assumes responsibility for the minor or going to or returning home from, without detour or stop, an official school, religious or other recreational activity supervised by one or more adults and sponsored by the City of Encinitas, a civic organization or another similar entity that assumes responsibility for the minor.
7. 
Exercising First Amendment rights protected by the United States Constitution.
8. 
Emancipated pursuant to law.
D. 
Before taking any enforcement action under this section, a deputy sheriff shall determine the apparent offender's age and reason for being in a public place or on the premises of the establishment during curfew hours. If a minor is accompanied by an adult not the minor's parent or guardian, the deputy shall verify whether or not the person has authority from the parent or guardian to have care and custody of the minor.
E. 
Effective Date. The operative date of this chapter is October 20, 1997.
(Ord. 97-23)