Coachella Municipal Code Ch. 9.08 Juvenile Curfew and Truancy

A. Purpose and Intent. The intended purpose of this section is to protect and preserve the public peace, safety and welfare by establishing juvenile curfew and truancy restrictions.

B. Definitions.

"Curfew hours" means the period from ten p.m. any evening of the week, until six a.m. the following day.

"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.

"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.

"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 the court.

"Minor" means any person under eighteen (18) years of age.

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

"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.

"Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a 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.

C. Curfew Restrictions. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours and for any parent or guardian of a minor to knowingly 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.

D. Curfew Defenses. It is a defense to prosecution under 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 an employment activity, or going to or returning home from an 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/or 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 adults and sponsored by the 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

9. Emancipated pursuant to law.

E. Curfew Defense Determination. 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 police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection D of this section is present or applicable.

(Ord. 961 § 1 (part), 2006)

It is unlawful for any minor who is subject to compulsory education or compulsory continuing education to loiter, wander, idle or in any other manner be in or upon the public streets, highways or any public place during the hours in which classes are held at the school, public or private, which the minor is or should be currently enrolled in, and/or is required to attend. This section does not apply:

A. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

C. When the minor is going to or coming directly from their place of gainful employment or from a medical appointment; or

D. When the minor has permission to leave the school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit to leave the school campus for a designated period of time and purpose or within a designated area; or

E. When the minor is enrolled in an alternative education, home school, or other such program of study and possesses verifiable permission from the officials of such alternative education program, school, or his or her parents to be absent from the premises during the time that such program is in session; or

F. When the minor is exercising First Amendment rights protected by the United States Constitution; or

G. When the minor is, with parental or guardian consent, engaged in normal inter-state travel through the city or originating or terminating in the city; or

H. When the minor is an "emancipated minor" as that term is described in California Family Code Section 7002.

(Ord. 961 § 1 (part), 2006)

It is unlawful for a parent, guardian or other person having the legal care, custody or control of a minor to permit, or to allow by inefficient control, the minor to remain in any public street or any public place in violation of this chapter. It is the intent of the city council by this section to impose strict liability on parents for the acts of minors within their control.

(Ord. 961 § 1 (part), 2006)

Law enforcement officers are authorized to temporarily detain any minor upon a reasonable suspicion based upon articulable facts that the minor is in violation of any provision of this chapter and to transport that minor to his or her school or place of permanent or temporary residence or to the custody of his or her parents.

(Ord. 961 § 1 (part), 2006)

A. Pursuant to the provisions of the California Welfare and Institutions Code Section 625.5(b), the city council adopts the following procedure to recoup the law enforcement costs of identifying, detaining and transporting minors who violate curfew ordinances to their school or residence and to recover those costs from the parents and legal guardians and from the minors involved.

B. Cost Recovery.

1. The city manager or assistant manager shall prepare a bill or invoice, outlining specific costs of identifying, detaining and transporting minors who violate curfew ordinances to their school or residence, addressed to the parent or legal guardian of any such minor in violation of the loitering and truancy ordinances within this chapter.

2. Any person(s) in receipt of a bill or invoice requesting recovery of costs of identifying, detaining and transporting their respective minor due to a violation of this chapter shall remit payment for all costs within the time specified on the bill or invoice.

3. Any person who fails to remit full payment by the specified due date is guilty of an infraction punishable by fine pursuant to Section 1.08.010 of this code.

(Ord. 961 § 1 (part), 2006)

A. Notwithstanding any other provision of this code, each violation of this chapter shall constitute a separate offense.

B. When a minor is charged with a violation of this chapter, and any peace officer issues a notice to appear in a juvenile traffic court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

C. Any person convicted of violating this chapter is guilty of an infraction punishable by fine pursuant to Section 1.08.010 of this code.

(Ord. 961 § 1 (part), 2006)