A.
Definitions. For purposes of this section, the terms below shall have the following meaning:
1. "Nighttime curfew hours"
means the period from 10:00 p.m. until 6:00 a.m. the following day Sunday through Thursday and the period 11:00 p.m. until 6:00 a.m. the following day Friday through Saturday.
2. "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, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
3. "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.
4. "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 the court.
6. "Parent"
means a person who is a natural parent, adoptive parent, or step-parent of another person.
7. "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.
8. "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.
9. "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.
B.
Offenses.
1.
A minor commits an offense by being present in any public place or on the premises of any public street, avenue, highway, road, alley, park, playground, public ground, public place, public building, place of amusement or eating place, lot, abandoned or vacant building within the city of Bell Gardens during nighttime curfew hours.
2.
It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public street, avenue, highway, road, alley, park, playground, public ground, public place, public building, place of amusement or eating place, lot, abandoned or vacant building within the city of Bell Gardens during nighttime curfew hours.
C.
Defenses. It shall be a defense to prosecution under subsection (B) of this section that the minor was:
1.
Accompanied by the minor's parent or guardian, or by a responsible adult, or by his/her spouse 18 years of age or older;
2.
On an errand at the direction of the minor's parent or guardian, or a responsible adult, or by his/her spouse 18 years of age or older 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;
7.
Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and/or sponsored by the city of Bell Gardens, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and/or sponsored by the city of Bell Gardens, a civic organization, or another similar entity that takes responsibility for the minor;
8.
Exercising First Amendment rights protected by the United States Constitution, as it pertains to minors, such as the free exercise of religion, freedom of speech, and the right of assembly, but subject to all other applicable laws, rules and regulations; or
9.
Emancipated in accordance with applicable state law.
D.
Enforcement. 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 or on the premises of the establishment during nighttime curfew hours. During the first 30 days when the ordinance codified in this chapter takes effect, any person violating the provisions of this chapter shall be issued a written warning. Following the thirtieth day when the ordinance codified in this chapter takes effect, police officer shall issue a citation or make an arrest under this section if the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (C) of this section is present or applicable.
E.
Administrative Costs. A fee for the actual cost of administrative services for the supervision of the minor while detained by the Bell Gardens police department, and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parent or legal guardian may be charged jointly and severally to the minor, his or her parent or legal guardian in accordance with Welfare and Institution Code Section 6.25.5, subsection (e).
F.
Penalty. Any person violating the provisions of BGMC § 17.56.010 shall be guilty of a misdemeanor. Minors shall be prosecuted in accordance with juvenile laws and procedures and any sentence imposed as a result of a violation of the provisions herein may include court-approved community service, court-approved parenting classes or participation in a youth sports program. The court may require that a repeat offender relinquish his/her driving privileges as part of the sentence.
(prior code § 4241; Ord. 356 § 8, 1976; Ord. 558 § 1, 1989; Ord. 699 § 1, 1998)