Prior history: Ords. 1779 and 2011.
[1]
Curfew in parks — See Section 7.49.150.
The purpose of this chapter is to provide a curfew for those persons under the age of seventeen in the interest of public health, safety and general welfare. The city council finds that there has been an increase in juvenile violence and criminal activity, that persons under the age of seventeen are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and be victims of perpetrators of crime, and that the city has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control and responsibility over minor children, and for the reduction of the incidence of juvenile criminal activities within the city.
(Ord. 2025 § 1 (part), 1997)
As used in this chapter, the following terms are defined as follows:
"Curfew hours"
means from ten p.m. until six a.m. every day of the week.
"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 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: (a) a person who, under court order, is guardian of the person of a minor; (b) a public or private agency with whom a minor has been placed by a court of law; or (c) a person at least eighteen years of age and authorized by a parent to have the care and custody of a minor.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is: (a) a natural parent, adoptive parent, or step-parent of a minor; or (b) at least eighteen 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.
"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. 2025 § 1 (part), 1997)
It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of an establishment within the city during curfew hours.
(Ord. 2025 § 1 (part), 1997)
It is an exception to the rule of Section 7.20.030, and a defense to the prosecution under Section 7.20.030 that the minor was:
A. 
Accompanied by the minor's parent or guardian;
B. 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
C. 
In a motor vehicle involved in interstate travel;
D. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. 
Involved or acting in response to an emergency;
F. 
On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;
G. 
Attending an official school, religious, sports, amusement, entertainment or other recreational activity supervised by adults and sponsored by the city, 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, religious, sports, amusement, entertainment or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
H. 
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, subject however to all other applicable laws, rules and regulations: or
I. 
Emancipated in accordance with applicable state law.
(Ord. 2025 § 1 (part), 1997)
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place during curfew hours. The 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, no exception or defense under Section 7.20.050 is present.
(Ord. 2025 § 1 (part), 1997)
Any person violating any of the provisions of this chapter is guilty of an infraction and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction thereof shall be punishable by (A) a fine not exceeding one hundred dollars for a first violation; (B) a fine not exceeding two hundred dollars for a second violation of the same chapter within one year; (C) a fine not exceeding five hundred dollars for each additional violation of the same chapter within one year.
(Ord. 2025 § 1 (part) (repealed), 1997; Ord. 2037 § 3 (part), 7-29-1998)
If any provision of this chapter, or application hereof, to any person or circumstances is held for any reason to be unconstitutional, the remainder of the chapter and the application of such provisions to other persons and circumstances shall not be affected thereby.
(Ord. 2025 § 1 (part), 1997)