Atwater Municipal Code Ch. 9.28 Offenses by or Against Minors

A. Purpose and Intent. The City Council of the City of Atwater finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors inability to make critical decisions in an informed and mature manner. The City of Atwater recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours.

B. Definitions (applicable to this ordinance).

1. "Curfew hours" means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.

2. "Emergency" means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.

3. "Establishment" means any privately-owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

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

5. "Minor" means a person under 18 years of age.

6. "Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

7. "Parent" means a person who is a natural parent, adoptive parent or step-parent of a minor.

8. "Responsible adult" means a person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

9. "Public place" means any place the public or a substantial group of the public has access and includes, but not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

10. "Remain" means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.

C. Offenses.

1. It is unlawful for:

a. Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or

b. Any parent or guardian of a minor to knowingly permit, by insufficient control allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or

c. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

D. Defenses.

1. It is a defense to prosecution of the above offenses that the minor was:

a. accompanied by the minor's parent or guardian or by a responsible adult.

b. on an errand at the direction of the minor's parent or guardian or responsible adult without detour or delay;

c. in a motor vehicle involved in intrastate or interstate travel;

d. engaged in employment, or going to or returning home from employment, without detour or delay;

e. involved in an emergency;

f. on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

g. attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;

h. exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

i. emancipated pursuant to law.

2. It is a defense to prosecute under subsection C.1.c. above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

E. Enforcement.

1. Before taking any enforcement action under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the minors response(s) and other circumstances, no defense under this ordinance appears present or applicable.

F. Penalties.

1. Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this ordinance shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

G. Severability.

1. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atwater hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof , irrespective of the fact any one or more sections, sentences, clauses or other portions might be subsequently be declared invalid or unconstitutional.

(Prior Code § 4-3.301; Ord. CS 655, 1989; Ord. CS 753, 10-27-1997; Ord. CS 766, 11-10-1998)

Every person under the age of 18 years who plays or loiters about any place or premises within the City where gambling is going on or any place within the City where malt, spirituous or vinous liquors are being sold or dispensed, or any pool, billiard or card room within the City, is guilty of a misdemeanor; provided, however, that the provisions of this section shall not apply to a family billiard room, which shall be subject to the following conditions:

A. An application for a family billiard room permit shall be filed in writing with the police chief for permission to allow minors in such family billiard room, and shall agree to comply with the following additional rules and regulations applicable to such family billiard room:

1. No alcoholic beverages of any kind, including malt, spirituous or vinous liquors shall be sold, consumed, or possessed by any person on the premises of the family billiard room or on any other premises having direct access to the premises of the billiard room other than by means of a public street.

2. No gambling, betting, or wagering of any kind shall be suffered, allowed, or permitted on the premises of the family billiard room,

3. No profanity of any kind shall be used, allowed, or permitted on the premises of the family billiard room.

4. The curfew hours for minors shall be strictly observed and enforced on the premises of the billiard room.

5. The owners, managers and operators, and each of them, of the billiard room shall be strictly responsible for this enforcement of all rules and regulations, and shall not permit any person violating any rule or regulation to remain in such billiard room and shall not permit any habitual violator to enter such billiard room.

B. The police chief, after investigation, and after determining that the premises of the billiard room are in compliance with the rules and regulations set forth in subsection A. of this section, all existing City ordinances, and the Government Code, may endorse the permit request issued as follows: "Minors Allowed."

C. Whenever a permit has been endorsed to permit minors, the permit may be suspended or revoked by the Chief of Police for violation of the rules and regulations set forth in subsection A. of this section.

(Prior Code § 4-3.302)

Every parent, guardian, or other person having the legal care, custody or control of any person under the age of 18 years who knowingly permits such person to violate any provisions of this chapter is guilty of a misdemeanor.

(Prior Code § 4-3.303)

Any person violating Sections 9.28.010 and 9.28.020 shall be taken into the custody of the police department of this City and by them delivered to the juvenile court of this county to be dealt with under the laws of the state.

(Prior Code § 4-3.304)