A. 
The following definitions are applicable to this ordinance:
1. 
"Curfew hours"
means the period from 10:00 p.m. any night until 5:00 a.m. the following morning.
2. 
"Emergency"
means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.
3. 
"Establishment"
means any privately-owned place of business to which the public is invited including, but not limited to, any place of amusement or entertainment.
4. 
"Guardian"
means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court.
5. 
"Legitimate Activity"
means any activity set forth in Section 9.34.030.A
6. 
"Minor"
means any person under eighteen (18) years of age.
7. 
"Operator"
means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
8. 
"Parent"
means a person who is a natural parent, adoptive parent or step-parent of a minor.
9. 
"Responsible adult"
means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
10. 
"Public place"
means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
11. 
"Remain"
means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer or the owner, operator or other person in control of the premises.
(Ord. 1648, Amended, 02/08/2001)
A. 
It is unlawful for:
1. 
Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or
2. 
Any 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 any establishment within the city during curfew hours.
(Ord. 1648, Amended, 02/08/2001)
A. 
It is a defense to prosecution of the above offenses that the minor was:
1. 
accompanied by the minor's parent or guardian or by a responsible adult;
2. 
on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;
3. 
in a motor vehicle involved in intrastate or interstate travel with a specific destination and without detour or delay;
4. 
using any form of transportation to go to or return home from a legitimate activity;
5. 
engaged in employment, or going to or returning home or to another legitimate activity, from employment, without detour or delay;
6. 
involved in, or responding to, an emergency;
7. 
on the sidewalk abutting the minor's residence, providing the minor is not otherwise violating the law;
8. 
attending an official school, religious or other adult supervised recreational activity for minors sponsored by the city, a civic organization or other similar entity or going to or returning home, or to another legitimate activity, from such an activity, without detour or delay;
9. 
exercising First Amendment rights protected by the United States or California Constitutions, such as the free exercise of religion, freedom of speech and the right of assembly;
10. 
emancipated pursuant to law.
11. 
Legally patronizing a business that provides activities, entertainment, dining or shopping for minors, but shall vacate the premises after concluding their business or being requested to leave by the business owner, operator or other person in control of the premises.
(Ord. 1648, Add, 02/08/2001)
Before taking any enforcement action under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the minor's response(s) and other circumstances, no defense under this ordinance appears present or applicable.
(Ord. 1648, Add, 02/08/2001)
Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this ordinance shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure and/or be subject to the police department's Youth Services Diversion Program, as appropriate.
(Ord. 1648, Add, 02/08/2001)