In this chapter:
"Curfew hours"
means:
(1)
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 6:00 a.m. of the following day; and
(2)
12:01 a.m. until 6:00 a.m. on any Friday or Saturday.
"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, a natural disaster or 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 a court.
"Minor"
means any person under 18 years of age.
"Operator"
means any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or a partnership and the
officers of a corporation.
"Parent"
means a person who is:
(1)
A natural parent, adoptive parent or step-parent of another
person; or
(2)
At least 18 years of age and 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 and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities and shops.
"Remain"
means to:
(2)
Fail to leave a 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
or that causes death, serious permanent disfigurement or protracted
loss of impairment of the function of any bodily member or organ.
(§ 3, Ord. 734, eff. January 23, 1999)
(a) A minor
commits a violation if he or she remains in any public place or on
the premises of any establishment within the City during curfew hours.
(b) A parent
or guardian of a minor commits a violation if he or she knowingly
permits, or by insufficient control allows, the minor to remain in
any public place or on the premises of any establishment within the
City during curfew hours.
(c) The
owner, operator or any employee of an establishment commits a violation
if he or she knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
(§ 3, Ord. 734, eff. January 23, 1999)
(a) The provisions of subsection
(b) of this section shall not apply to any of the following exceptions when the minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian,
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 or abutting the residence
of a next-door neighbor if the neighbor did not complain to the police
department about the minor's presence;
(7) Attending an official school, religious or other recreational activity
supervised by adults and/or sponsored by the City, a civic organization
or other similar entity that takes responsibility for the minor or
going to or returning home from, without any detour or stop, an official
school, religious or other recreational activity by adults and/or
sponsored by the City, a civic organization or another similar entity
that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly; or
(9) Married or had been married or is otherwise an emancipated minor
in accordance with applicable laws.
(b) It is a defense to prosecution under Section
4-5.02 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(§ 3, Ord. 734, eff. January 23, 1999)
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. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation has occurred and that, based upon any response and other circumstances, no exception in Section
4-5.03 is present.
(§ 3, Ord. 734, eff. January 23, 1999)
(a) Civil penalty. Every parent or legal guardian who, by any
act or omission, or by threat, contributes to, or induces or endeavors
to induce any dependent child or ward to fail or refuse to conform
to any lawful order of law enforcement personnel, probation department,
or of the juvenile court, or to conform to the requirements this Code
concerning loitering, curfew or truancy, shall be subject to a civil
penalty. For purposes of this section, a parent or legal guardian
to any person under the age of 18 years shall have the duty to exercise
reasonable care, supervision, protection and control over his or her
minor child or ward.
Any person who violates the provisions of this section shall
be liable for a civil penalty up to, but not to exceed, $2,500 for
each violation, which shall be assessed and recovered in a civil action
brought by the District Attorney or the City Attorney.
(b) Cost recovery. As determined by the Chief of Police, or
his or her designee, the parent(s) or legal guardian(s) of a minor
committing any public offense amounting to any act of willful misconduct
in violation of
Welfare and Institutions Code Section 602, where police
personnel provide services relating to the detention, processing or
supervision of minors that are over and above the normal services
usually provided by the Police Department, may be assessed and billed
for the cost of providing such personnel for such services beyond
those normally provided by said department.
Any person receiving a bill for police services pursuant to
this chapter may, within 15 days after the billing date, file a written
request appealing the imposition of said charges. Any billing sent
pursuant to this section shall inform the billed party of the right
to appeal said billing. Any appeal regarding billing shall be heard
by the City Manager, or his or her designee, as the hearing officer.
Within 10 days after the hearing, the hearing officer shall give written
notice of the decision to the appellant. Upon the filing of a request
for an appeal, payment of the bill for the police services shall be
suspended until notice of the decision of the hearing officer. If
the appeal is denied in part or in full, all amounts due to the City
shall be paid within 30 days after notice of the decision of the hearing
officer.
(§ 3, Ord. 734, eff. January 23, 1999)
The remedies provided in this section are in addition to the
remedies and penalties available under this Code, and all other laws
of this State.
(§ 3, Ord. 734, eff. January 23, 1999)