It shall be unlawful for any minor under the age of eighteen (18) to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement, eating establishments and vacant lots between the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day. The provisions of this section do not apply when:
(a) 
A minor is accompanied by a parent, guardian or other adult person having the care and custody of the minor.
(b) 
A minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care and custody of the minor.
(c) 
A minor is returning directly to his or her place of residence without detour or stop after attending a place of amusement, entertainment, recreational activity, or school function; or
(d) 
A minor is engaged in a lawful employment activity or is going or returning to his or her place of residence after completing a lawful employment activity, without detour or stop.
No parent, guardian or any adult person having the control, custody or charge of any minor under the age of eighteen years, shall permit, allow or let said minor loiter upon the streets or in places of amusement or entertainment as described in section 5-01-1000 between the hours of 10:00 p.m. and 5:00 a.m. unless said minor is lawfully upon said streets or public places or places of amusement as permitted by section 5-01-1000.
Law enforcement personnel are vested with the following authority upon a reasonable suspicion based upon articulable facts that a minor is in violation of section 5-01-1000:
(a) 
Upon the first violation of section 5-01-1000, a law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of said section. A designated representative of the county shall mail to the parents or legal guardian of the minor a notification that states that upon a second violation and every violation thereafter, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided in section 5-01-1015. This explanation shall be reviewed by a designated representative of the county. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption.
(b) 
Upon a second violation and every violation thereafter, law enforcement officers are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of section 5-01-1000 and to transport that minor to his or her permanent or temporary residence within the State whether the place of residence is located within or without the County of Tulare, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance.
The County of Tulare may recover its administrative costs for processing violators of sections 5-01-1000 and 5-01-1005 as follows:
(a) 
A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor and his or her parents or legal guardian in an amount not to exceed those actual costs.
(b) 
Upon petition of the person required to pay the fee, the County Hearing Officer shall conduct a hearing as to the validity of the fees charged, and may upon good cause:
(1) 
Provide for a waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor.
(2) 
Provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor parents or legal guardian has the ability to pay the fee.
(3) 
Provide for the performance of community service in lieu of imposition of the fee.
(4) 
Provide for waiver of payment of the fee by the parents or legal guardian upon the determination that the parents or legal guardian has limited physical or legal custody and control of the minor.
(c) 
The fees set forth herein shall be established from time to time as determined necessary by resolution of the Board of Supervisors of the County of Tulare. Said fees shall be based on the costs reasonably incurred as set forth herein. All other procedures for the hearings and other administrative steps herein shall be pursuant to the County Hearing Officer ordinance in Chapter 31 of Part I of this Code.
(d) 
The remedy in this section is cumulative and does not preclude other remedies under this Code or other state, federal and local laws. Nothing herein shall preclude the County from seeking other legal or equitable remedies available to it by law.
(e) 
The provisions of this section shall be considered cumulative to all other laws, rules and regulations regulating curfew violations and other similar offenses.
(Amended by Ord. No. 3559, effective 6-20-19)