Avenal Municipal Code Ch. 9 Curfew for Minors

Sections:

• 5-9.01 Curfew restrictions for minors.
• 5-9.02 Responsibility of parents and guardians.
• 5-9.03 Violations of provisions by minors.
• 5-9.04 Violations of provisions by parents and guardians.
• 5-9.05 Penalties for violations.
• 5-9.06 Aiding or abetting.
• 5-9.07 Loitering upon the public way.
• 5-9.08 Obstructing the public way. 5-9.01 Curfew restrictions for minors. It is unlawful for any minor under the age of eighteen (18) years to appear in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, whether in a vehicle or not, between the hours of 10:00 p.m. on any day and 5:00 a.m. of the immediately following day; provided, however, that the provisions of this section shall not apply when: (a) The minor is accompanied by his or her parent or parents, legal guardian or other adult person having control or charge of the minor, or by his or her spouse eighteen (18) years of age or older; (b) The minor is upon an emergency errand directed by his or her parent or parents or legal guardian or other adult person having control or charge of the minor, or by his or her spouse eighteen (18) years of age or older; (c) The minor is returning directly to his or her home or other place of residence from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity; (d) 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; (e) The minor is going directly to his or her place of employment or returning directly to his or her home or other place of residence after having left his or her place of employment. (Ord. 2000-04 (part), 2000: Ord. 95-08 § 1 (part), 1995: Ord. 92-05 (part), 1992)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 19 5-9.02 Responsibility of parents and guardians. No parent, guardian, or other person having legal control or charge of any person under the age of eighteen (18) years shall permit such person to violate the provisions of Section 5-9.01 of this chapter. (Ord. 92-05 (part), 1992; Ord. 95-08 § 1 (part), 1995) 5-9.03 Violations of provisions by minors. Any minor under the age of eighteen (18) years found violating the provisions of this chapter shall be placed under arrest and ordered to appear at a specified hour before the Municipal Court in the City, and, in case of failure to appear, the Municipal Court shall issue a bench warrant for his or her arrest and shall bind such minor over to the Juvenile Court if the Municipal Court shall find sufficient grounds that there has been a violation of the provisions of this chapter. (Ord. 92-05 (part), 1992; Ord. 95-08 § 1 (part), 1995) 5-9.04 Violations of provisions by parents and guardians. Every parent, guardian, or other person having legal control or charge of any minor under the age of eighteen (18) years and who permits such minor to violate any provision of this chapter shall be guilty of a misdemeanor. (Ord. 95-08 § 1 (part), 1995) 5-9.05 Penalties for violations. (a) Any minor violating the provisions of this chapter is guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars ($250.00). (b) Any minor violating the provisions of this chapter may be immediately apprehended and lawfully detained pursuant to Section 5-9.03. The vehicle being driven by the minor (if applicable), may be lawfully parked at the police officer's discretion and the vehicle shall be released to the minor's parent, guardian, or other person having legal control or charge of the minor. Appropriate proceedings may be instituted under and pursuant to the provisions of the juvenile court law as set forth in the Welfare and Institutions Code of the State of California. (c) Any parent, guardian, or other adult person having legal control or charge, permanent or temporary, of any minor person, who suffers or permits or lets, either willfully or negligently, such minor violate the provisions of this chapter, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00). (Ord. 95-08 § 1 (part), 1995; Ord. 2000-04 (part), 2000) 5-9.06 Aiding or abetting. It is unlawful for any person to willfully or knowingly aid, abet or assist any minor in violating Section 5-9.01. (Ord. 95-08 § 1 (part), 1995) 5-9.07 Loitering upon the public way. No person shall loiter or stand in or upon any public highway, alley, sidewalk, crosswalk, or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 20 unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians. (Ord. 95-08 § 1 (part), 1995) 5-9.08 Obstructing the public way. No person shall sit, lie, or sleep in or upon any street, sidewalk, alley, or other public way. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted by this Code; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority or permitted by this Code. (Ord. 95-08 § 1 (part), 1995)