Clearlake Municipal Code § 5-3 Curfew

It shall be unlawful for any minor under the age of eighteen (18) years to be in or on any public street, road, park, square or any other public place, or place open to the public such as any café, restaurant, bowling alley, drive-in theater, or any place of amusement, between the hours of: September 15 - May 31: Sunday through Thursday 10:00 P.M. - 6:00 A.M. Friday and Saturday 11:00 P.M. - 6:00 A.M.

June 1 - September 14: Sunday through Saturday 11:00 P.M. - 6:00 A.M. (Ord. #25, A3, S1; Ord. #19-89)

The above subsection shall not apply: a. Where the minor is accompanied by a parent, legal guardian or other adult person having the care and custody of the minor; b. Where the presence of the minor in the place or places is connected with or required by some legitimate business, trade, profession or occupation, by reason of employment, inclusive of the time necessary for going to and returning from such place of business at which the minor is in attendance; c. Where the minor satisfies the investigating officer that he is going to or from a legitimate activity such as, but not limited to, attendance at a theater, or school supervised function or other scheduled supervised activity and is not loitering or engaged in questionable activity. (Ord. #25, A3, S2)

No parent, guardian or other person having the legal custody of a minor person under the age of eighteen (18) years shall knowingly permit such minor to be in violation of subsection 5-3.1. No person who owns any place of business open to the public, or the manager, agent or employee in such place of business, shall knowingly permit any minor person under the age of eighteen (18) years to be within such place of business on violation of subsection 5-3.1. (Ord. #25, A3, S3)

a. It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education, to be “absent from school and found in a public place,” as defined in paragraph b. below, unless the minor has one (1) of the valid excuses specified in subsection 5-3.5. b. For the purposes of this Chapter, a minor is “absent from school and found in a public place” if said minor is found idling, wandering, strolling, playing, or aimlessly driving or riding about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, or any place open to the public during the hours of 8:30 a.m. and 1:30 p.m. of the same days when said minor’s school is in session. (Ord. #94-99, S1)

The provisions of this Chapter shall not apply when a minor has one (1) of the following valid excuses: a. The minor has in his or her possession a written excuse from the minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’s absence from school; b. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor; c. The minor is upon an emergency errand directed by said minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor; d. The minor is going to or returning directly from a medical appointment; e. The minor has permission to leave campus and said minor has in his or her possession a valid, school-issued, off-campus permit; f. The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of said minor’s school; or g. The presence of the minor in said place or places is connected with or required by a school-approved or school-related business, trade, profession or occupation in which said minor is lawfully engaged. h. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly. i. In the right-of-way abutting the minor’s residence. j. In a motor vehicle involved in interstate travel. k. Emancipated pursuant to State Law and California Family Code Section 7000, et seq, including but not limited to the following reasons: married or in the military service. l. Any justifiable personal reasons as defined by the California Education Code. (Ord. #94-99, S1)

Violation of this Chapter shall constitute an infraction punishable by a fine not to exceed two hundred fifty ($250.00) dollars and/or Court-approved community service, not to exceed one hundred sixty (160) hours, during times other than said minor’s hours of school attendance. (Ord. #94-99, S1)

A minor cited for an infraction under this Chapter must attend a hearing before the Court or probation officer on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor. If any such parental or custodial person(s) fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the hearing shall be continued and the Court shall issue a subpoena to said parental or custodial person(s) directing said person(s) to appear at the continued hearing with the minor. If the hearing is before a probation officer the probation officer will determine if a petition shall be issued and the hearing brought before the Court. (Ord. #94-99, S1)

Notwithstanding subjection 5-3.6, the Court may set aside the fine imposed by this Chapter, or any portion thereof, if the fine is based on the minor’s first infraction under this Chapter and provided the minor produces proof satisfactory to the Court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the Court: a. The minor has had no unexcused absences from school; and b. The minor has performed eight (8) hours of Court-approved community service during times other than said minor’s hours of school attendance; and c. The minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor has or have attended a parenting class or a series of parenting classes approved by the Court. (Ord. #94-99, S1)

a. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, pursuant to Welfare and Institutions Code Section 625.5, daytime loitering (truancy), or willful misconduct in violation of Welfare and Institution Code Section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one (1) hour, and said detention required the supervision of the juvenile offender by Clearlake Police Department employee(s), the parent(s), legal guardian(s) or other person(s) having care or custody of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said Department.

b. Determination by Chief of Police. As determined by the Chief of Police or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of willful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, procession or supervision of minors that are over and above the normal services usually provided by the Clearlake Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said Department. c. Appeal. Any person receiving a bill for police services pursuant to this Chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the Hearing Officer. Within ten (10) days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the Hearing Officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the Hearing Officer. (Ord. #94-99, S1; Ord. #2012-153)