Arcata Municipal Code Art. 4 Curfew

Unless the context requires otherwise, the definitions in this section govern the construction of this ordinance. The definition of a word applies to any of the word’s variants.

"Curfew hours" means the period from 11:00 p.m. any evening of the week, until 5:00 a.m. the following day.

"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.

"Guardian" means (1) a person who, under court order, is the guardian of a person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

"Minor" means any person who has not attained his or her eighteenth (18th) birthday.

"Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person.

"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, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Arcata during curfew hours.

B. It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control, to allow the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

C. It is a defense to prosecution under this ordinance that the minor was:

(1) accompanied by the minor’s parent or guardian, or by a responsible adult;

(2) on an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) involved in an emergency;

(6) on the sidewalk abutting the minor’s residence;

(7) returning home from within one-half (1/2) hour of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event;

(8) exercising First Amendment rights protected by the United States Constitution; or

(9) emancipated pursuant to law.

D. Before taking any enforcement action under this Section, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 4131 is present or applicable.

E. Each violation of this section shall constitute a separate offense.

A. Any minor violating the provisions of this ordinance shall be guilty of a misdemeanor.

B. Any parent, guardian or responsible adult who willfully or negligently permits or allows a minor to violate the provisions of this ordinance shall be guilty of an infraction.