Belvedere Municipal Code Ch. 9.52 Curfew for Minors

Sections:

• 9.52.010 Curfew for minors under eighteen years of age—Exceptions. 9.52.020 Minors prohibited to ride motor vehicles when. 9.52.030 Violation by person under eighteen years of age—Penalty.

• 9.52.040 Aiding or permitting minor to violate provisions prohibited—Permitting defined.

It is unlawful for any minor under the age of eighteen years to loiter, idle, stroll or play in any public street, public square, park or any public place between the hours of eleven p.m. and daylight of the following day; provided, however, that the provisions of this Section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business or activity directed by his or her parent, guardian or other adult person having the care and custody of the minor. (Ord. 111 NS § 1, 1959; prior code § 14-2.)

It is unlawful for any person under the age of eighteen years to operate a motor vehicle or ride in or on a motor vehicle about the public streets, alleys, avenues, parks, public squares or any other public places between the hour of eleven p.m. and the time of sunrise of the following day when not accompanied by his or her parent, or legal guardian having legal custody and control of such person, or other adult person having the care and custody of such person; provided, however, that the provisions of this Section do not apply to any such person who shall be operating or riding in a motor vehicle engaged in gainful employment, or upon an emergency errand, or on legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of such person. The City Manager-Police Administrator is hereby empowered and authorized to impound any motor vehicle which is being operated or used in violation of this Chapter. (Ord. 76-3 § 1, 1976; Ord. 111 NS § 3, 1959; prior code § 14-3.)

It shall be unlawful for any minor to violate any of the provisions of this Chapter; such minor shall be subject to the provisions of Chapter 2, Part 1, Division 2 of the Welfare and Institutions Code of the State. (Ord. 2013-2 § 14, 2013; Ord. 111 NS § 4, 1959; prior code § 14-4.)

A. It shall be unlawful for any person to assist, abet, permit or encourage any minor under the age of eighteen years to violate any of the provisions of this Chapter.

B. As used in this chapter, the word “permitting” is not limited to its affirmative meaning, but includes negative action implying no affirmative act and involving no intent, but shall include passivity or abstaining from preventive action; as used in this chapter, the word “permitting” means to allow to be done, either by consent or by not prohibiting; as used herein the word “permitting” also means to give an opportunity to a minor under the age of eighteen years who will take advantage of the opportunity unless restrained. The word “permitting” as used in this chapter also means allowing or acquiescing, or acquiescing by failing to prevent, or conceding, granting, or giving leave, or suffering, tolerating or sanctioning. (Ord. 2013-2 § 14, 2013; Ord. 111 NS § 2, 1959; prior code § 14-2.)