Every person under the age of eighteen (18) years who loiters about the public streets, avenues, alleys, sidewalks, parks or public places of the city, between the hour of ten p.m. and the time of sunrise the following day, when not accompanied by his or her parent or legal guardian having legal custody and control of such person, or spouse of such person over twenty-one (21) years of age, is guilty of a misdemeanor.
(Ord. 163 § 5(A), 1997)
It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots, buildings or structures during the period from eight p.m. on the evening of the city’s sponsored Market Night until six a.m. the following day within the Market Night outdoor area and all public property located within twenty (20) feet of the Market Night outdoor area. For purposes of this subsection, the Market Night outdoor area is defined as the geographical area bounded by Acacia Avenue on the north, Avenue D on the south, Bryant Street on the east, and 2nd Street on the west.
(Ord. 249 § 2, 2005; Ord. 326 § 4, 2014)
A. 
It shall be a defense to prosecution under Sections 9.08.010 and 9.08.018 that the minor is:
1. 
Accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or
2. 
Engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor’s parent or legal guardian, without any detour or stop; or
3. 
Acting within the course and scope of gainful employment, or traveling directly to or from his or her place of gainful employment, or to or from a medical appointment and the minor can produce written evidence of same, without any detour or stop; or
4. 
Traveling directly to or from a meeting, entertainment, recreational or school activity, or dance, with the written consent of the minor’s parent or legal guardian, without detour or stop; or
5. 
Exercising rights protected by the First Amendment of the United States Constitution or Article I of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor’s parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activity involving the exercise of constitutional rights, and the specific location where the minor is permitted to be during such hours; or
6. 
Legally married, or emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or
7. 
In a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent’s or guardian’s written consent thereto; or
8. 
On any public sidewalk immediately adjacent to his or her residence; or
9. 
Involved in an emergency. As used herein, “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.
B. 
Before taking any enforcement action under this chapter, a police officer shall ask the minor’s age and reason for being in the public place or other location, during the time covered under Sections 9.08.010 and 9.08.015 of this chapter. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under this section is applicable.
(Ord. 248 § 3, 2005)
Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years who allows or permits such person to violate any provisions of this chapter, is guilty of a misdemeanor.
(Ord. 163 § 5(B), 1997)