The following definitions shall apply to this chapter:
"Emergency"
means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious injury, loss of life, or serious property damage. The term includes, but is not limited to, a fire, natural disaster, or vehicle accident.
"Guardian"
means:
(1) 
A person who is the guardian of the person of a minor pursuant to a court order; or
(2) 
A public or private entity with whom a minor has been placed by a court order; or
(3) 
A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
"Minor"
means a person under the age of 18 years.
"Parent"
means a person who is a natural parent, adoptive parent, or step-parent of a minor.
"Public place"
means:
(1) 
Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and
(2) 
The out-of-doors common areas, such as entry ways and parking lots, of businesses to which the public is invited, including, but not limited to,, any place of amusement, entertainment, or recreation.
(1941 Code § 1279(a), Ord. 399, (1943); Ord. 1606 § 2, (1999); Ord. 1607 § 2, (1999))
(a) 
It is unlawful for any minor under the age of 16 years to be in any public place within the city between the hours of 10:00 p.m. and 5:00 a.m., except as provided in Section 10.24.030 below.
(b) 
It is unlawful for any minor under the age of 18 years to be in any public place within the city between the hours of 11:30 p.m. and 5:00 a.m., except as provided in Section 10.24.030 below.
(1941 Code § 1279(b), Ord. 399, (1943); Ord. 1606 § 2, (1999); Ord. 1607 § 2, (1999))
A minor shall not be in violation of Section 10.24.020 if at the time that the minor was detained by peace officer, the minor was:
(a) 
Accompanied by the minor's parent or guardian; or
(b) 
On an errand at the direction of the minor's parent or guardian, without unnecessary detour or stop; or
(c) 
Driving or riding in a motor vehicle or publicly owned transportation; or
(d) 
Engaged in lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid employment activity, without unnecessary detour or stop; or
(e) 
Acting in response to an emergency; or
(f) 
On the sidewalk abutting the minor's residence or abutting the residence that is immediately adjacent to the minor's residence; or
(g) 
Attending or going to or returning home, without unnecessary detour or stop, from a school, religious, cultural, sports, amusement, entertainment, or recreation activity, or any organized rally, demonstration, meeting, or similar activity; or
(h) 
Waiting at a train or bus station or stop for transportation; or
(i) 
Emancipated in accordance with California law.
(1941 Code § 1279(c), Ord. 399, (1943); Ord. 533, (1953); Ord. 1606 § 2, (1999); Ord. 1607 § 2, (1999))
(a) 
Nothing in this chapter shall be construed to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution or by the California Constitution, including the free exercise of religion, freedom of speech, right of assembly, freedom of association, right to petition, and right to privacy as applied by decisional law to minors of a particular age.
(b) 
Before taking enforcement action under this chapter, a peace officer shall ask the apparent offender's age and reason for being in the public place.
(c) 
A peace officer may take enforcement action under this chapter only when the peace officer has probable cause to believe that neither subsection (a) above nor any exemption under Section 10.24.030 applies to the offender's reasons for being present in the public place.
(1941 Code § 1279(d), Ord. 399, (1943); Ord. 1606 § 2, (1999); Ord. 1607 § 2, (1999))