Arvin Municipal Code Ch. 9.12 Curfew

A. It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, or be in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city between the hours of ten p.m. (10:00) on any day and five a.m. (5:00) of the immediately following day. This section does not apply when:

1. The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older;

2. The minor is on an errand directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older;

3. The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or

4. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

B. It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, stroll or be in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playground, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city during the minor's school hours. This section does not apply when:

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

2. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

3. The minor is going to or coming directly from his or her place of employment or a medical appointment; or

4. The minor is away from the school campus for lunch or has in his or her possession a valid off-campus permit issued by the school for a school related activity.

C. Violation. Notwithstanding any other provisions of this code, when a person under the age of eighteen (18) years is charged with a violation of this section, and a peace officer issues a notice to appear in Municipal Court to that minor, the charge shall be deemed an infraction. If the minor has been previously convicted of a violation of this section, subsequent violations shall be deemed a misdemeanor.

D. Penalties for Violation. Any person convicted of willfully violating this section is guilty of an infraction punishable by a fine not to exceed eighty dollars ($80.00) and/or eight (8) hours of community service. Community service shall be served during a time other than the minor's hours of school attendance or employment. If the minor has been previously convicted of a violation of this section, subsequent violations of this section shall be punishable by a fine not to exceed five hundred dollars ($500.00).

(Ord. 306 (part), 1997; Ord. 23 §1, 1961).

A. It shall be unlawful for any parent, guardian or any adult person having control, custody or charge of any person under the age of eighteen (18) years, to permit, allow or let the person idle, loiter, wander, stroll or be in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city between the hours of ten p.m. (10:00) on any day and five a.m. (5:00) of the immediately following day, unless the minor is lawfully upon the streets or public places or places of entertainment or amusement as permitted by subsection A of Section 9.12.010.

B. It shall be unlawful for any parent, guardian or any adult person having control, custody or charge of any person under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to permit, allow or let the person loiter, idle, wander, stroll or be in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city during the minor's school hours, unless the minor is lawfully upon the streets, public places, or places of entertainment or amusement as permitted by subsection B of Section 9.12.010.

C. Violation. Notwithstanding any other provisions of this code, when a person is charged with a violation of this section, the charge shall be deemed an infraction. If the person has been previously convicted of a violation of this section, subsequent violations shall be deemed a misdemeanor.

D. Penalties for Violation. Any person convicted of willfully violating this section is guilty of an infraction punishable by a fine not to exceed eighty dollars ($80.00). Any person who, having been previously convicted of a violation of this section, is charged with a subsequent violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00).

(Ord. 306 (part), 1997).

A. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutionally by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Arvin declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional.

(Ord. 306 (part), 1997).