Chapter 9.60 — CURFEW REGULATIONS

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 between the hours of 10:00 p.m. and sunrise immediately following.

The following are exceptions to the application of Section9.60.010:

A. When the minor is accompanied by his or her parent, legal guardian or other person having the care or custody of the minor; or

B. When the minor is 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; or

C. When the minor is 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; or

D. When, with the approval of the minor’s parent, legal guardian or other adult person having the care or custody of the minor, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, and the minor can produce written evidence of such approval; or

E. During such time as the minor is 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(ies) involving the exercise of constitutional rights and the specific location where the minor is permitted to be during such hours; or

F. When the minor is emancipated pursuant to the law of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or

G. When the minor is 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

H. When the minor is homeless.

It is unlawful for any minor who is subject to compulsory education or to compulsory continuing education to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open the public, places of amusement, eating establishments or any vacant lots during school hours and on school days applicable to such minor.

The following are exceptions to the application of Section9.60.020:

A. When the minor is accompanied by his or her parent, legal guardian or other adult person having the care or custody of the minor; or

B. When the minor is on a medical emergency errand directed by his or her parent, legal guardian or other adult person having care or custody of the minor and can produce written evidence of same; or

C. When the minor is traveling directly to or from a medical appointment and can produce written evidence of same; or

D. When the minor has in his or her possession written permission or a permit to leave the school campus, or is traveling to or from, or is otherwise engaged in an event or activity sponsored, sanctioned or arranged for by the minor’s school and in which the minor is authorized to participate; or

E. When the minor is receiving home or private school instruction pursuant to Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt by law from attendance at a public or private full-time day school; or

F. When the minor is authorized to be absent from his or her school pursuant to the provisions of Education Code Section 48205 or any other applicable state or federal law.

It is unlawful for any parent, guardian or custodian of a minor to knowingly permit or allow such minor to be in violation of any of the provisions of Section 9.60.010 or 9.60.020 of this Chapter. In the event of any conflict between this Section and California Penal Code Section 272 or any successor provision thereto, said Penal Code section shall be deemed to govern.