Article 2 — JUVENILE PROTECTION CURFEW

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CURFEW HOURS. The time of night from 11:01 p.m. through 5:00 a.m. seven nights a week.

EMERGENCY. Any unforeseen circumstances, or the resulting status or condition, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, serious illness, serious bodily injury or other similar circumstances.

ESTABLISHMENT. Any privately owned place of business within the city operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment.

MINOR or JUVENILE. May be used interchangeably and means any unmarried person less than 18 years of age who has not been legally emancipated.

OPERATOR. With respect to an establishment as defined above, any person, and/or any firm, association, partnership (and its members or partners) or any corporation (and its officers) conducting or managing that establishment.

PARENT.

(1) A person who is a minor's biological or adoptive parent, or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); or

(2) A person who is the biological, adoptive or step-parent parent with whom a minor regularly resides; or

(3) A person judicially appointed as a legal guardian of the minor; or

(4) A person 18 years of age or older standing in loco parentis (as indicated by the written authorization of an individual listed in divisions (1), (2) or (3) of this definition, above, for the person to

assume the care or physical custody of the child, or as indicated by any other circumstances).

PERSON. Refers to an individual, not to any association, corporation, or any other legal entity.

PUBLIC PLACE. Refers to any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.

REMAIN. Refers to the following actions:

(1) To linger or stay at or upon a place;

(2) To fail to leave a place when requested to do so by any peace officer or by the owner, operator or other person in control of that place;

(3) To stand, walk, sit or run.

TEMPORARY CARE FACILITY. Refers to a non-locked, non-restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed or secured (by handcuffs or otherwise) to any stationary object.

(Ord. 2012-C-S, passed 2-26-08)

The purpose of this section is to:

(A) Promote the safety and well-being of the city's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities and gang activities, and to being victimized by older perpetrators of crime;

(B) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; and

(C) Assist in fostering and strengthening parental responsibility for their children.

(Ord. 2012-C-S, passed 2-26-08)

It shall be unlawful for a minor under 18 years of age to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked on any public place within the city, or to remain in or upon the premises of any establishment within the city during curfew hours, unless:

(A) The minor is accompanied by a parent; or

(B) The minor is involved in an emergency; or

(C) The minor is engaged in a lawful volunteer or paid employment activity, or is going to or returning home from such activity, without detour or stop; or

(D) The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or

(E) The minor is attending or going to or returning home, without detour or stop, from an activity, which is supervised by adults and sponsored by a school, religious, cultural or civic organization, a public organization or agency or another similar organization or entity, or any organized rally, demonstration, meeting or similar organized activity; or

(F) The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing dated and signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s), a brief physical description of the minor and the hours the minor is authorized to be engaged in the errand; or

(G) The minor is involved in interstate travel through, or beginning or terminating in, the city.

(Ord. 2012-C-S, passed 2-26-08) Penalty, see §§ 1-2.01 et seq.

(A) It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate any provision of §5-10.203.

(B) It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of any provision of §5-10.203.

(C) It shall be unlawful for the operator or any employee of any establishment, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this section that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment during curfew hours and refused to leave.

(D) It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of §5-10.203.

(Ord. 2012-C-S, passed 2-26-08) Penalty, see §§ 1-2.01 et seq.

(A) Minors. Before taking any enforcement action under this subchapter, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle or establishment within the city during curfew hours is in violation of § 5-10.203. If such investigation reveals that the presence of such minor is in violation of §5-10.203, then:

(1) The officer may issue a verbal warning for any such violation; or

(2) The officer may issue a verbal warning for any such violation, followed by a written warning mailed by the Police Department to the minor and his or her parents; or

(3) The officer may charge the minor with a violation of this subchapter and shall issue a summons requiring the minor to appear in court and, as soon as practicable, the officer shall:

(a) Release the minor to his or her parent(s); or

(b) Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or

(c) If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable

curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a non-secure crisis center or juvenile shelter and/or may be taken to a judge or intake officer of the juvenile court to be dealt with in the manner and pursuant to such procedures as required by law.

(B) Others. If an investigation by an officer reveals that a person has violated § 510.204(A), (B) or (C), the officer may issue a verbal warning, or issue a verbal and written warning, or charge the person with a violation of the section and issue a summons directing the person to appear in court.

(Ord. 2012-C-S, passed 2-26-08)

Nothing in this subchapter shall be interpreted to preclude minors from being in a public place for the purpose of exercising their rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly and the right to petition.

(Ord. 2012-C-S, passed 2-26-08)