Chapter 9.04 — CURFEW

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Custodial person means any parent or legal guardian of the minor, or any person 18 years of age or older who is authorized by a parent or legal guardian to take care and custody of the child.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

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.

Minor means a person under the age of 18 years.

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.

(Code 1969, § 9.04.010; Ord. No. 733, § 3(part), 1997)

Unless the minor meets one or more of the exceptions set forth in section 9.04.040, it is an infraction for any minor to be present between the hour of 10:00 p.m. and the time of sunrise of the following day in or upon any of the following places:

(1)

Any public or private street, road, drive, alley, or trail;

(2)

Any public or community park or recreation area;

(3)

Any public ground, place, or building;

(4)

Any vacant lot or abandoned or vacant building; or

(5)

Any establishment, as defined in section 9.04.010.

(Code 1969, § 9.04.020; Ord. No. 733, § 3(part), 1997)

Unless the minor meets one or more of the exceptions set forth in sections 9.04.040 and 9.04.050, it is an infraction for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when the minor's school is in session, in or upon any of the following places:

(1)

Any public or private street, road, drive, alley, or trail;

(2)

Any public or community park or recreation area;

(3)

Any public ground, place, or building;

(4)

Any vacant lot or abandoned or vacant building; or

(5)

Any establishment, as defined in section 9.04.010.

(Code 1969, § 9.04.030; Ord. No. 733, § 3(part), 1997)

This chapter shall not apply if the minor is:

(1)

Accompanied by a custodial person;

(2)

On an errand directed by, and in possession of a written excuse from, a custodial person;

(3)

Engaged in or going directly to or returning directly from school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

(4)

Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

(5)

Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

(6)

Involved in an emergency or seeking medical assistance;

(7)

Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

(8)

In the right-of-way abutting the minor's residence;

(9)

In a motor vehicle involved in interstate travel;

(10)

Emancipated pursuant to state law and California Family Code § 7000 et seq., including but not limited to the following reasons: married or in the military service;

(11)

Homeless.

(Code 1969, § 9.04.040; Ord. No. 733, § 3(part), 1997)

Section 9.04.030, Daytime curfew, shall not apply where:

(1)

The minor is in possession of a valid school-issued, off-campus permit giving permission to leave campus;

(2)

The minor is receiving home or private school instruction pursuant to Education Code § 48222;

(3)

The minor is receiving instruction by a qualified tutor pursuant to Education Code § 48224;

(4)

The minor is otherwise exempt by law from attendance at a public or private full-time day school; or

(5)

The minor is authorized to be absent from school pursuant to the provisions of Education Code § 48205, or any other applicable state or federal law.

(Code 1969, § 9.04.050; Ord. No. 733, § 3(part), 1997; Ord. No. 748, § 1, 1999)

Every custodial person who allows or permits a minor in his custody to violate any provision of this chapter is guilty of an infraction.

(Code 1969, § 9.04.060; Ord. No. 733, § 3(part), 1997)

On a first offense, the court may order community service or parenting classes instead of a fine, as may be appropriate.

(Code 1969, § 9.04.070; Ord. No. 733, § 3(part), 1997)

A police officer shall ask the age of an apparent offender and his reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in this chapter apply.

(Code 1969, § 9.04.080; Ord. No. 733, § 3(part), 1997)

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this chapter not been enacted.

(Code 1969, § 9.04.090; Ord. No. 733, § 3(part), 1997)

A violation of this chapter or any provision thereof is punishable pursuant to section 1.01.150.

(Code 1969, § 9.04.100; Ord. No. 733, § 3(part), 1997)