A. 
Definitions. For purposes of this section:
"Curfew hours"
means between the hours of ten p.m. on any day and six a.m. of the immediately following day.
"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, an earthquake or other natural disaster, an automobile accident, or any situation which requires 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 in invited including, but not limited to, any place of amusement or entertainment.
"Guardian"
means a person who, under court order is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is a natural, adoptive or step-parent of another person, or at least eighteen years of age and is authorized by a parent or guardian to have the care and custody of a minor.
"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, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain"
means to linger or stay; or fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death, serious disfigurement or serious permanent injury.
B. 
Offenses.
1. 
It is unlawful for a minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
2. 
It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the city during curfew hours.
C. 
Enforcement. Before taking any action under this section, a peace officer shall ask the apparent offender's age and reason for being in the public place. The peace 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 response and other circumstances and no exception listed in Section 9.20.020 is present.
(Ord. 917 § 2, 1997)
It is a defense to prosecution under Section 9.20.010, if the minor was:
A. 
Accompanied by his or her parent or guardian;
B. 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
C. 
Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;
D. 
Involved in an emergency;
E. 
In a vehicle involved in interstate travel;
F. 
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence;
G. 
Returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity;
H. 
Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly; or
I. 
An emancipated minor in accordance with the provisions of the California Family Code.
(Ord. 917 § 3, 1997)
It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, play-ground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of eight-thirty a.m. and one-thirty p.m. on days when such minor's school is in session. This section does not apply:
A. 
When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or
B. 
When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or
C. 
When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or
D. 
To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid, school-issued, off-campus permit; or
E. 
When the minor is exempt by law from compulsory education or compulsory continuation education; or
F. 
When the minor is an emancipated minor as that term is described in Family Code Section 7002.
(Ord. 871 § 4, 1995; Ord. 917 § 4, 1997; Ord. 929 § 2, 1999)