Chapter 11.24 — NIGHTTIME CURFEW LAW

The Town Council of the Town of Apple Valley finds and determines that the following legitimate and compelling governmental interests justify establishment of a juvenile curfew detriment ordinance for minors to deter juvenile loitering during the hours beginning 10:00 p.m. and continuing until 6:00 a.m. the following morning:

(a)

Protection of the public from juvenile and gang-related crime.

(b

Encouragement of parental control and responsibility for their minor children.

(c)

Reduction of the number of juveniles entering the Juvenile Justice System.

(d)

Protection of the safety and well being of minors.

It is the intent of the Town Council, though adoption of this Chapter, to provide additional tools to protect the public and juveniles who are often perpetrators and victims of crime during late night and early morning hours.

It is the further intent of the Town Council, through adoption of this Chapter, to provide notice to all those who disregard existing curfew law, that the law enforcement agencies of the Town, San Bernardino County Sheriff's Department and San Bernardino County Courts, will strictly enforce the law and said law enforcement agencies will vigorously prosecute those persons engaging in violations of this Chapter.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

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, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(b)

Guardian means:

A person who, under court order, is the guardian of a minor; or

A public or private agency with whom a minor has been placed by a court.

(c)

Minor means any person under 18 years of age and is synonymous with the term "juvenile" as used in this Chapter.

(d)

Parent means a person who is:

A natural parent, adoptive parent or stepparent of another person; or

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(e)

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, alleys, highways and the common areas of hospitals, apartments, office buildings, commercial buildings, transportation facilities, parks, public playgrounds and vacant lots.

(f)

Remain means to:

Linger or stay, whether on foot or in a vehicle; or

(2)

Fail to leave premises when requested to do so by a Police Officer, Code Enforcement Officer, or the owner, operator or person in control of the premises.

(g)

Loiter, as used in this Chapter, shall mean to idle, to loaf, to stand idly by, or walk, drive or ride about aimlessly without lawful purpose.

It is unlawful for any minor under the age of 18 years to loiter, wander, remain, or be in or upon public places, or other public streets, highways, roads, alleys, parks, playgrounds, public grounds, public buildings, commercial buildings, places of amusement, eating places or vacant lots, whether inside or outside a motor vehicle, during the hours beginning 10:00 p.m. and continuing until 6:00 a.m. the following morning.

This Chapter does not apply:

(a)

When the minor is accompanied by or under the direction and control of his or her parents, guardian or other adult person having the care or custody of the minor; or

(b)

When the minor is on an emergency errand or lawful business directed by his or her parents or guardian or other adult person having care or custody of the minor, without any detour or stop; or

(c)

When the minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; or

(d)

When the minor is attending an official school, religious, recreational, educational, social, or other organized activity sponsored by the Town, school district or other private civic or religious organization that supervises the activity, or when a minor is going to or returning home from, without any detour or stop, such activity; or

(e)

When the minor is involved in an emergency; or

(f)

When the minor is in a motor vehicle involved in interstate travel, or other travel through the Town not in violation of this Chapter; or

(g)

When the minor is on the sidewalk or in the yard abutting the minor's residence; or

(h)

When the minor is going to or returning home from a private residence or other establishment as directed by the minor's parent or guardian, or other adult person having the care or control of the minor, without any detour or stop; or

(i)

When the minor is engaging in speech or religious rights protected by the United States or California Constitutions, such as the free exercise of religion, freedom of speech, and the right of peaceful assembly; or

(j)

When the minor is married or has been emancipated in accordance with California Family Code § 7002.

Notwithstanding any other provision of this Code, when a minor is charged with a violation of the Code, and a peace officer issues a notice to appear in Juvenile Traffic Court to that minor, the charge shall be deemed an infraction for the first two violations and a misdemeanor with Juvenile Traffic Court offenses.

Every parent, guardian, or other person having legal care, custody, or control of any minor who knowingly aids, abets, or encourages such minor to violate any provision of this Chapter shall be guilty of an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.

Any person assisting, aiding, abetting or encouraging any minor to violate any provision of this Chapter shall be guilty of an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.

(a)

Determination by court. When, based on a finding of civil liability or conviction for violations of this Chapter, a minor is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Bernardino County Sheriff's Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.

(b)

Determination by Sheriff's Captain. As determined by the Sheriff's Captain or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act willful misconduct in violation of this Chapter where sheriff personnel provided services relating to the detention, processing or supervision of minors that are over and above normal services usually provided by the San Bernardino County Sheriff's Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said department.

(c)

Appeal. Any person receiving a bill for Police services pursuant to this Chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this Section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the Town Manager or his/her designee as the Hearing Officer. Within ten days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. Upon the filling of the request for an appeal, payment of the bill for the Police services shall be suspended until notice of the decision of the Hearing Officer. If the appeal is denied in part or in full, all amounts due to the Town shall be paid within 30 days after notice of the decision of the Hearing Officer.

(Ord. 275, 10-28-03)