Chula Vista Municipal Code Ch. 9.28 Consumer Protection

MINORS’ CURFEW*

Sections:

***** For California constitutional provisions authorizing cities to make and enforce all local, police and other ordinances not in conflict with general laws, see Const. Art. 11 § 11.

• A. Definitions for Curfew Provisions. For purposes of this section:

  1. “Curfew hours” means the period from 11:00 p.m. any evening of the week until 5:00 a.m. the following day.

  2. “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, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

  3. “Establishment” means 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.

  4. “Guardian” means (a) a person who, under court order, is the guardian of the person of a minor; or (b) a public or private agency with whom a minor has been placed by the court.

  5. “Minor” means any person under 18 years of age.

  6. “Parent” means a person who is a natural parent, adoptive parent, or stepparent.

  7. “Public place” means any place to which the public or 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.

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

9. “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 a bodily member or organ.

• B. Curfew Regulations.

1. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Chula Vista during curfew hours.

   2. 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. Defense to Prosecution. It is a defense to prosecution under subsection (B) of this section that the minor was:

  1. Accompanied by the minor’s parent or guardian, or by a responsible adult;

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

  3. In a motor vehicle involved in interstate travel;

  4. Engaged in any employment activity, or going to or returning home from employment activity, without any detour or stop;

  5. Involved in an emergency;

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

7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Chula Vista, a civic organization, or another similar entity that takes responsibility for the minor, or going thereto or returning home therefrom, without any detour or stop;

   8. Exercising First Amendment rights protected by the United States Constitution; or

   9. Emancipated pursuant to law.

D. Enforcement Procedure. Before taking any enforcement action under this section, a police 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 officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (C) of this section is present or applicable.

• E. Penalty.

  1. Each violation of this section shall constitute a separate offense.

  2. Any person violating the provisions of subsection (B) of this section shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedures. (Ord. 2751 § 1, 1998; Ord. 1525 § 1, 1974; Ord. 1217 § 1; prior code § 20.6).

No person conducting, managing or carrying on the business of a moving picture exhibition shall permit or allow any person under the age of 18 years to be admitted as a spectator to any such moving picture after the hour of 10:00 p.m. unless accompanied by a parent, guardian or other such adult person acting in that capacity. (Ord. 1525 § 1, 1974; prior code § 20.7).