Benicia Municipal Code Art. I Nighttime Curfew

The city council 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 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.

(Ord. 98-4)

For the purpose of this article, the following terms shall be defined as follows:

A.

"Curfew hours"

shall mean the period from 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday nights and from 12:00 a.m. on Friday and Saturday nights until 5:00 a.m. the following morning.

B.

"Emergency"

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

C.

"Establishment"

shall mean 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.

D.

"Guardian"

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

E.

"Loiter"

shall mean to delay an activity, errand, or journey with aimless idle stops and purposeless distractions, to remain in a place in an idle manner, to hang around aimlessly or without real necessity.

F.

"Minor"

shall mean any person under 18 years of age.

G.

"Operator"

shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

H.

"Parent"

shall mean a person who is a natural parent, adoptive parent or step-parent of a minor.

I.

"Public place"

shall mean 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.

J.

"Remain"

shall mean (1) to stay behind while others withdraw, to tarry, to stay, or (2) to 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.

K.

"Responsible adult"

shall mean a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

L.

"Serious bodily injury"

shall mean bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Ord. 98-4)

It is unlawful for:

A. Any minor to remain or loiter 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 or, by insufficient control, allow the minor to remain or loiter in any public place or on the premises of any establishment within the city during curfew hours.

(Ord. 98-4)

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; or

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

C. In a motor vehicle involved in intrastate or interstate travel, and such driving during curfew hours does not constitute loitering; or

D. Engaged in employment, or going to or returning home from employment without detour or delay; or

E. Involved in an emergency; or

F. On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law; or

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 an official school, religious or other adult-supervised recreational activity sponsored by the city, a civic organization or other similar entity, without detour or delay; or

H. Emancipated pursuant to law; or

I. Exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, such as the free exercise of religion, freedom of speech and the right of assembly; or

J. Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop.

(Ord. 98-4; Ord. 11-01 §§ 1, 2)

Before taking any enforcement action under this section, a police 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 article unless the officer reasonably believes that an offense has occurred and based upon the minor's response(s) and other circumstances, no defense under BMC § 9.28.040 appears present or applicable.

(Ord. 98-4)

Any person who violates a provision of this article 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 article shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. 98-4)