Azusa Municipal Code Art. IV Minors

No person under the age of 18 years shall be in, remain in, enter and visit any public billiard room unless such minor is accompanied by one of his parents or by his legal guardian. No person under the age of 21 years shall be in, enter and visit any public billiard room in which any alcoholic beverages are sold, dispensed or offered for sale or in any public billiard room which adjoins a room wherein alcoholic beverages are sold, dispensed or offered for sale and in which there is an opening connecting the billiard room with the premises wherein alcoholic beverages are sold, dispensed or offered for sale.

(Code 1971, § 8.16.010)

No owner, manager, proprietor or other person in charge of any public billiard room shall allow or permit any person under the age of 18 years to be in, remain in, enter or visit such place unless such minor person is accompanied by one of his parents or by his legal guardian. Every owner, manager, proprietor or other person in charge of a public billiard room in which any alcoholic beverages are sold, dispensed or offered for sale or such billiard room adjoining a building wherein alcoholic beverages are sold, dispensed or offered for sale and in which there is an opening connecting such public billiard room with the room in which alcoholic beverages are sold, dispensed or offered for sale shall prohibit and prevent every person under the age of 21 years from being in, remaining in, entering or visiting such public billiard room.

(Code 1971, § 8.16.020)

(a) Any person of the age of 18 years or over may be in, enter, visit or play in any family-style billiard parlor, as described in section 18-88, after 8:00 a.m. and prior to 10:00 p.m. of any day, provided no alcoholic beverages are sold, dispensed or offered for sale on the premises or in any adjoining room connected by a door or opening to the premises.

(b) No owner, manager, proprietor or other person in charge of any family-style billiard parlor shall allow or permit any person under the age of 18 years to be in, remain in, enter or visit such place unless:

(1) Such minor is accompanied by one of his parents or by his guardian; or

(2) Such parent or guardian personally presents a written consent to the owner, manager, proprietor or other person in charge and no alcoholic beverages are sold or served in such place and such place has no license to sell, dispense or serve alcoholic beverages.

(Code 1971, § 8.16.030)

No person under the age of 18 years shall be in, remain in or visit any social billiard club, unless such minor person is accompanied by one of his parents or by his legal guardian.

(Code 1971, § 8.16.040)

(a) Purpose. The city is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the city. The city finds that juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The city council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare.

The city further finds and determines that juveniles are repeatedly detained and supervised by law enforcement personnel for violating curfew and that day time loitering laws impose an extraordinary burden on the manpower and resources of the law enforcement services division because juveniles taken into custody by law enforcement personnel must be supervised in an unsecured area of the law enforcement station until they are released to a parent or guardian. Law enforcement personnel who supervise juveniles who have been detained are then unavailable to carry out law enforcement duties in the field which decreases the level of police protection thereby decreasing public safety in the community. One purpose of this section is to inhibit crime committed by juveniles at night and by truants during the day and to defray the reasonable costs that the city incurs to provide extraordinary law enforcement services to respond to, detain and supervise repeat curfew and day time loitering violators.

(b) Definitions.

Emergency means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another person.

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

Juvenile means any person under 18 years of age.

Parent means a person who is the natural or adoptive parent of a person. The term includes a court appointed guardian or other person 18 years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile.

Public place means any place to which the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls.

Repeat curfew or daytime truancy violator means any juvenile who:

(1) Has been detained and taken into custody by city law enforcement personnel on more than one occasion in a 12-month period for violating either section 46-125(c) or section 46-128 of this chapter, and

(2) Has been reprimanded by a court because said court finds it to be true that the juvenile violated either section 46-125(c) or section 46-128 of this chapter on more than one occasion in a 12-month period.

(c) Curfew for juveniles. It is unlawful for any juvenile to remain in any public place or on the premises of any establishment in the city between the hours of 10:00 p.m. of any day and sunrise of the following day during the months of September through May inclusive, and between the hours of 11:00 p.m. of any day and sunrise of the following day during the months of June through August inclusive, unless the juvenile is:

(1) Accompanied by the juvenile's parent;

(2) On an errand at the direction of the juvenile's parent;

(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 juvenile's residence;

(7) Attending an official school, religious or recreational activity supervised by one or more adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by one or more adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the juvenile;

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

(9) Emancipated pursuant to law.

(Code 1971, § 8.16.050; Ord. No. 97-016, § 1, 10-20-97)

It is unlawful for the parent or legal guardian of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of sections 46-125(c) or 46-128 of this chapter.

(Code 1971, § 8.16.060; Ord. No. 97-016, § 2, 10-20-97)

(a) Responsibility for costs. When, based on a finding of civil liability or criminal conviction in any one or more of the instances described below, a juvenile (under 18 years of age) in accordance with the provisions of Welfare and Institutions Code § 602 is detained for a period in excess of one hour, and such detention required the supervision of the juvenile offender by a police department employee(s), then the parent(s) or legal guardian(s) having custody and control of the juvenile shall be jointly and severally liable for the cost of providing such police personnel over and above the services normally provided by the department. The fee assessed against such parent(s) or guardian(s) shall be set by resolution. The city reserves its legal options to elect any other legal remedies when such costs exceed limits set by resolution.

(1) Willful misconduct. Any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another.

(2) Knowledge of prior misconduct. Any misconduct of a minor based on repeated and specific violative behavior, such that the parent(s) or guardian(s) reasonably has knowledge of and the opportunity to correct the specific propensity on the part of the minor.

(3) Theft from merchant or library. Any act or willful misconduct of a minor which constitutes petty theft of merchandise from a merchant or library materials or books from a library facility.

(4) Permitted access to firearms. Any misconduct of a minor based on repeated access to firearms or other deadly instruments, such that the parent(s) or guardian(s) reasonably has knowledge of and the opportunity to remove access of the minor to the deadly instrument.

(5) Contribution to the delinquency of a minor. Any misconduct of a minor based on the parent(s) or guardian(s) contributing to the delinquency of the minor, including one who by act or omission encourages a minor to fail or refuse to conform to a lawful order of the juvenile court.

(b) Accounting and billing. Whenever a juvenile (under 18 years of age) is detailed by the police department pursuant to section 8.16.070 [2] for the commission of public offense, and the detention exceeds one hour, a copy of the crime and/or detention report shall be forwarded to the chief of police, or other division head for review. The chief of police, or other division head, will ensure that appropriate billing occurs.

Any and all personnel assigned by the city to detain, process, or supervise the detention of a juvenile offender shall be deemed to be on special assignment as employees of the city, except that the rate of pay for such special assignment shall be set forth herein. The pay for each employee thus assigned shall be at the hourly rate of 1.5 times the base salary of the employee computed on quarterly fractions of each hour. The chief of police, or other division head, shall report to the director of finance the name of the parent(s) and/or guardian(s) of the individual requiring these services, and the names of the employees so assigned and the number of hours of such assignment. The director of finance shall thereupon bill the person for the amount paid to each plus the pro-rated cost of workmen's compensation charges and other administrative costs. Any failure of the person to make payment shall constitute a debt due solely to the city.

(c) Administrative rules and regulations. The chief of police may adopt administrative rules and regulations for the purpose of implementing the provisions of this section.

(Ord. No. 94-01, § 1, 1-4-94)

Footnotes:

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Editor's note— There was no section 8.16.070 of the 1971 Code, as referenced above.

(a) Any juvenile who is subject to compulsory continuation education or to compulsory education cannot remain in or upon the following places during the hours and on days when the juvenile's school is in session:

(1) Public streets;

(2) Highways;

(3) Roads;

(4) Alleys;

(5) Parks;

(6) Playgrounds;

(7) Other public grounds, public places, public buildings or the premises of any establishment, vacant lots; and

(8) Any unsupervised place.

(b) The provisions of this section do not apply if:

(1) The juvenile is accompanied by his or her parent, legal guardian or other adult having the care and custody of the juvenile; or

(2) The juvenile is on an emergency errand directed by a parent, legal guardian or other adult having care and custody of the juvenile; or

(3) The juvenile is going to or coming directly from his or her place of employment; or

(4) The juvenile is going to or from a medical appointment; or

(5) The juvenile is a student who has permission to leave the school campus for lunch or school related activity, and has in his or her possession a valid, school-issued, off-campus permit; or

(6) The juvenile is going to or coming from a compulsory alternative education program activity; or

(7) The juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults; or

(8) The juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent or legal guardian; or

(9) The juvenile is officially enrolled in home schooling; or

(10) The juvenile has passed a general educational development test and received a California high school equivalency certificate.

(c) Violation—Penalties. Each violation of the provisions of this section is a separate offense and is a misdemeanor.

(1) Any juvenile convicted of a misdemeanor for violations of any section of this chapter may be punished by a fine not exceeding $1,000.00 or by a requirement to perform city or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, during times other than a juvenile's hours of school attendance or juvenile, parent or legal guardian's hours of employment.

(2) Any parent or legal guardian violating any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed $1,000.00, or by imprisonment for a period of not more than six months in the county jail or by both such fine and imprisonment.

(d) Enforcement. A peace officer may issue a citation to any juvenile, parent or guardian to be in violation of this chapter and may detain any juvenile, until the juvenile can be placed in the care and custody of a parent or legal guardian or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent or legal guardian shall appear in court as directed by the citation.

(Ord. No. 97-016, § 3, 10-20-97)

As used in section 46-129 through 46-132, the following words and phrases have the meanings set forth in this section:

A. "Alcohol" shall have the same meaning as in California Business and Professions Code section 23003, as it may be amended from time to time, or any successor section.

B. "Alcoholic beverage" shall have the same meaning as in California Business and Professions Code section 23004, as it may be amended from time to time, or any successor section.

C. "Controlled substance" shall mean any controlled substance listed in the California Uniform Controlled Substances Act (California Health and Safety Code section 11000 et seq.) or the federal Controlled Substances Act (21 USC 801 et seq.), as they may be amended from time to time.

D. "Gathering" means a group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other public or private property.

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

F. "Harmful substances" shall include all of the following, as defined in this section: alcohol, alcoholic beverage, controlled substance, inhalant, marijuana and tobacco products.

G. "Inhalant" includes but is not limited to any aerosol or aerosol spray, any volatile solvent including but not limited to toluene or any substance or material containing toluene, any gas including but not limited to nitrous oxide or any substance containing nitrous oxide, nitrites (commonly known as "poppers," "snappers," or "whippets"), and any other chemical substance or chemical compound that is inhaled for the purpose of becoming intoxicated.

H. "Marijuana" shall have the same meaning as in California Health and Safety Code section 11018 or United States Code, Title 21, section 802, as they may be amended from time to time, or any successor sections.

I. "Minor" means any person under 21 years of age for purposes of alcohol, alcoholic beverages, controlled substances, inhalants and marijuana, and under the age of 18 years of age for purposes of tobacco products.

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

K. "Premises" means any residence or other private property, individual unit or place, including any commercial or business premises.

L. "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.

M. "Tobacco products" shall have the same meaning as in section 6-58 of this Municipal Code.

(Ord. No. 13-O1, § 2, 10-7-13)

A. Except as permitted by state law, it is unlawful for any person to permit, allow, or host a gathering at his or her place of residence or other private property, public place, or any other premises under his or her control where any harmful substances have been consumed by a minor, if such person either knows or reasonably should know that a minor has consumed any harmful substances.

B. Any person who permits, allows or hosts a gathering shall be rebuttably presumed to have actual or constructive knowledge that minors have consumed harmful substances if such person is present at the premises of the gathering at the time any minor consumes a harmful substance, or if that person has not taken all reasonable steps necessary to prevent the consumption of harmful substances by minors, as set forth in subdivision section 46-130(E) below.

C. This section shall not apply to gatherings where religious services and/or activities protected by Article I, Section 4 of the California Constitution are exercised, nor shall the prohibition apply to conduct involving the use of alcoholic beverages exclusively between a minor and his or her parent or guardian.

D. This section shall not apply to any location or place regulated by the California Department of Alcohol and Beverage Control via an appropriate license or permit.

E. It is the duty of any person who permits, allows or hosts a gathering at his or her place of residence, other private property, public place, or any other premises under his or her control, where minors will be present, to take all reasonable steps to prevent the consumption of harmful substances by any minor at the gathering.

Reasonable steps shall include, at a minimum, the following: (1) preventing any access by minors to any harmful substances at the gathering; (2) controlling access to alcoholic beverages and tobacco products at the gathering; (3) controlling the quantity of alcoholic beverages and tobacco products at the gathering to an amount which can be monitored and its access controlled effectively; (4) verifying the age of persons who consume alcoholic beverages or tobacco products at the gathering by inspecting drivers licenses or other government-issued identification cards; (5) prohibiting the use of controlled substances and marijuana at the gathering; (6) prohibiting the defined use of inhalants at the gathering (e.g. inhaled for the purpose of becoming intoxicated); and (7) monitoring the activities of all persons at the gathering, including minors.

F. A person who hosts a gathering shall not be in violation of section 46-129 through 46-132 if he or she, before any other person makes a complaint to the Azusa Police Department or other law enforcement agency, seeks assistance from the Azusa Police Department or other law enforcement agency to either: (1) remove any person who refuses to abide by the host's rules or requirements with respect to his or her performance of the duties imposed by section 46-129 through 46-132; or (2) terminate the gathering because the host has been unable to prevent minors from consuming harmful substances, despite having taken all reasonable steps to do so.

(Ord. No. 13-O1, § 2, 10-7-13)

A. Criminal violations of section 46-129 through 46-132 shall be misdemeanors and shall be punishable as set forth in section 1-10 of this Code.

B. Amounts of fines and/or penalties for violations of section 46-129 through 46-132 shall be established by resolution of the city council.

C. Nothing in section 46-129 through 46-132 in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city.

(Ord. No. 13-O1, § 2, 10-7-13)

Every violation of section 46-129 through 46-132 shall be deemed to be a public nuisance and abated by the city. The city may seek reimbursement for actual costs associated with the enforcement of section 46-129 through 46-132 pursuant to sections 1-34, 1-35, and 14-421 of the Azusa Municipal Code, as well as any other applicable law.

(Ord. No. 13-O1, § 2, 10-7-13)