Calexico Municipal Code Ch. 9.28 Juvenile Nighttime Curfew

Footnotes:

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Editor's note— Section 2 of Ord. No. 1112, adopted March 2, 2010, repealed Ch. 9.28, Curfew for Minors, which was derived from Ord. 620, adopted in 1967; and Ord. 954, adopted in 1995. Section 3 of said Ord. No. 1112 enacted similar provisions to read as herein set out.

This chapter is intended to reasonably balance the public interest and the protected rights of minors and their parents. A curfew for minors is critical in preserving the health, safety and welfare of the city by protecting against juvenile crime and victimization within the city.

(Ord. No. 1112, § 3, 3-2-10)

The following definitions shall apply to this chapter:

1. "Be present" means to linger, stay, be present, or to fail to leave when requested to do so by a peace officer, owner, operator or person in control of premises.

2. "Curfew hours" are defined as follows:

a. Year-round Sunday through Thursday, from ten p.m. to sunrise of the following day.

b. Year-round Friday through Saturday, from twelve midnight to sunrise of the following day.

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

4. "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.

5. "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 a court.

6. "Minor" means any person under eighteen years of age.

7. "Parent" means a person who is a natural parent, adoptive parent, or stepparent of a minor.

8. "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.

9. "Responsible adult" means a person at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a minor.

10. "Serious bodily injury" means 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. No. 1112, § 3, 3-2-10)

A. It is unlawful for any minor to be present in a public place or on the premises of any establishment within the city during curfew hours.

B. It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

C. It is an affirmative defense under subsection (A) or (B) of this section that the minor was:

1. Accompanied by the minor's parent or guardian, by a responsible adult, or by the minor's spouse who is not a minor;

2. On an errand at the direction of the minor's parent or guardian, or responsible adult, without any detour or stop;

3. In a motor vehicle involved in interstate travel;

4. Engaged in a lawful employment activity;

5. Returning home forthwith by the most direct route from a public motion picture establishment;

6. On the sidewalk abutting the minor's residence;

7. Attending 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 minor, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States Constitution or Article I, Section 2, of the California Constitution;

9. Emancipated pursuant to law; or

10. Traveling without delay or detour between the minor's home and any activity listed in subparagraphs (1) through (8), or between such activities.

D. Prior to taking any law enforcement action under this chapter, the law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The law enforcement officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under this section is present or applicable.

(Ord. No. 1112, § 3, 3-2-10)

A. Each violation of this chapter constitutes a separate offense.

B. A charge under this chapter may be prosecuted either as a misdemeanor or an infraction. Minors shall be prosecuted in accordance with juvenile court law and procedure.

(Ord. No. 1112, § 3, 3-2-10)