Ceres Municipal Code Ch. 10 Curfew for Minors

The following definitions are applicable to this chapter:

Curfew hours means the period from 11:00 p.m. any night until 5:00 a.m. the following morning.

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

Establishment means a 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.

Guardian means:

1. A person who, under court order, is the guardian of the minor; or

2. A public or private agency with whom a minor has been placed by a court.

Minor means any person under 18 years of age.

Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

Parent means a person who is a natural parent, adoptive parent, or step-parent of a minor.

Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain means:

1. To linger, stay or be present; or

2. 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.

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

(Ord. No. 2020-1056, § 1, 2-24-2020)

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. No. 2020-1056, § 1, 2-24-2020)

Except as provided in section 9.10.040 of this chapter, it is unlawful for:

A. Any minor to remain 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 in any public place or on the premises of any establishment within the City during curfew hours; or

C. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The conduct defined as unlawful in subsections 9.10.030.A and B of this chapter shall not be unlawful if:

1. The minor is accompanied by the minor's parent, guardian, or by a responsible adult;

2. The minor is on an errand at the direction of the minor's parent or guardian or responsible adult without detour or delay;

3. The minor is in a motor vehicle involved in intrastate or interstate travel;

4. The minor is engaged in employment, or going to or returning home from employment, without detour or delay;

5. The minor is involved in an emergency;

6. The minor is on the sidewalk adjacent to the minor's residence, or the residence of a responsible adult, providing the minor is not otherwise violating the law;

7. The minor is 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 such an activity, without detour or delay;

8. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

9. The minor is emancipated pursuant to law.

B. The conduct defined as unlawful in subsection 9.10.030.C of this chapter, shall not be unlawful if the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. No. 2020-1056, § 1, 2-24-2020)

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of any establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and based upon the minor's response(s) and other circumstances, none of the exceptions under this chapter appears present or applicable.

(Ord. No. 2020-1056, § 1, 2-24-2020)

Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Minors shall be dealt with in accordance with Juvenile Court law and procedure.

(Ord. No. 2020-1056, § 1, 2-24-2020)