Citrus Heights Municipal Code Div. 2 Curfew

Footnotes:

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Editor's note— Ord. No. 2004-03, §§ 3—6, adopted Feb. 11, 2004, amended div. 2 in its entirety to read as herein set out. Former div. 2, §§ 54-251—54-253, pertained to similar subject matter and derived from Ord. No. 97-01, § 2(9.28.010—9.28.030), adopted Jan. 2, 1997; Ord. No. 97-13, § 2, adopted Mar. 26, 1997; Ord. No. 97-17, § 2, adopted Sept. 24, 1997.

For purposes of this division:

Curfew hours means the time period between 10:00 p.m. of any evening of the week and daylight immediately following.

Emergency means an unforeseen combination of circumstances, or the state resulting from such circumstances, that calls for immediate action. The term includes, but is not limited to, fire, earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately owned place of business operated for profit and to which the public is invited, including but not limited to any place of amusement, eating, or entertainment.

Guardian means a person who, pursuant to a court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed.

Minor means any person under the age of 18 years.

Parent means a person who is the natural, adoptive, or stepparent of the minor.

Public place means any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, roads, alleys, parks, playgrounds, vacant lots, and the common areas of schools, hospitals, apartment houses, condominiums, office buildings, transport facilities and shops.

Remain means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

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

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. 2004-03, § 3(9.28.005), 2-11-2004)

Cross reference— Definitions generally, § 1-2.

It shall be unlawful for any minor to be present or remain in or upon the public streets, alleys, parks, playgrounds or other public places, establishments, vacant lots or other unsupervised places, during curfew hours. Each violation of the provisions of this section shall constitute a separate offense. The provisions of this section, however, shall not apply to any the following:

(1) A minor accompanied by the minor's parent or guardian, or by a responsible adult to whom custody of the minor has temporarily been given by the minor's parent or guardian;

(2) A minor performing a task at the direction of the minor's parent or guardian;

(3) A minor responding to or involved in an emergency with or without consent of the minor's parent or guardian;

(4) A minor then acting within the course and scope of the minor's employment;

(5) A minor on the property of, or on the sidewalk directly adjacent to, or within a building immediately adjacent to the building in which the minor resides;

(6) A minor engaged in an organized civic activity, including but not limited to school meetings, classes or sporting events, religious gatherings, dances, concerts, theatrical performances, or similar civic events, or other activity protected by the U.S. Constitution or the California Constitution as long as such activity is conducted in compliance with applicable time, place and manner restrictions imposed by law;

(7) A minor engaged in reasonable and direct travel to and from the minor's place of employment or those activities described in subsection (6) of this section.

(Ord. No. 2004-03, § 4(9.28.010), 2-11-2004)

It shall also be unlawful for a parent or guardian of a minor, or responsible adult to whom custody of the minor has temporarily been given by the parent or guardian, to knowingly permit, or allow by insufficient control, the minor for whom the parent, guardian, or responsible adult is responsible to be present or remain in or upon the public streets, alleys, parks, playgrounds or other public places, establishments, vacant lots or other unsupervised places, during curfew hours in violation of section 54-252. Each violation of this section shall constitute a separate offense.

(Ord. No. 2004-03, § 5(9.28.020), 2-11-2004)

(a) A minor who violates section 54-252 is guilty of a misdemeanor punishable in accordance with juvenile court law and procedure.

(b) A parent, guardian, or responsible adult who violates section 54-253 is guilty of a misdemeanor, and upon conviction thereof for a first violation shall be fined $100.00; for a second violation within one year such person shall be fined $200.00, or be confined in the county jail not more than one day, or be punished by both such fine and imprisonment; and for each additional violation within one year such person shall be fined $500.00, or be confined in the county jail not more than seven days, or be punished by both such fine and imprisonment.

(Ord. No. 2004-03, § 6(9.28.030), 2-11-2004)