Brentwood Municipal Code Ch. 9.68 Curfew

A. Prohibition. It is unlawful for any minor under the age of eighteen to remain in any community place or establishment within the city without the consent of the owner, operator or occupant thereof between the following hours:

B. Exceptions. This chapter shall not apply if the minor:

1. Is accompanied by his or her parent, legal guardian or by his or her spouse eighteen years of age or older.

2. Has permission from his or her parent or legal guardian (as evidenced by a written note and/or telephone or email confirmation from the parent).

3. Is involved in an emergency.

4. Is attending, going to or returning home without any detour or stop from:

a. An official school activity, civic organization, educational, religious, or recreational activity supervised by adults;

b. Lawful employment activity; or

c. An activity involving the exercise of his or her First Amendment rights under the U.S. or California Constitution.

5. Is in a motor vehicle involved in interstate travel.

6. Is on the sidewalk adjacent to his or her residence or the residence of a next door neighbor and the neighbor does not complain to the police department about the minor's presence.

C. Misdemeanor. Any minor who violates this section is guilty of a misdemeanor.

(Ord. 626 § 2, 1999; Ord. 954 § 2, 2015)

As used herein, the following words and phrases shall have the meaning set out:

"Community place"

means any place to which the general public has access and includes, but is not limited to, streets, sidewalks, trails, alleys, the common areas of buildings, facilities and parks.

"Consent of the operator, owner or occupant"

means consent specific to the minor.

"Emergency"

means one or more unforeseen circumstances or the resulting state requiring immediate action such as a fire, natural disaster, accident or situation requiring immediate action to prevent or to treat serious injury or loss to person or property.

"Establishment"

means any privately owned place of business to which the public is invited, including, but not limited to, places of amusement and entertainment.

"Guardian"

means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

"Minor"

means any person under eighteen years of age.

"Parent"

means a person who is a natural, adoptive or stepparent or someone at least eighteen years old authorized by a parent or guardian to have care, custody or control of the minor.

"Remain"

means to stay or to fail to refuse to leave the premises after a request to do so by a person in control of the premises or by a police officer.

(Ord. 626 § 2, 1999)

It is unlawful for the parent or guardian knowingly to allow or permit such a minor to violate this chapter, and such parent or guardian shall be guilty of a misdemeanor.

(Ord. 626 § 2, 1999)