Coalinga Municipal Code Art. 1 Nightime Juvenile Curfew

(a) It shall be unlawful for any person under the age of eighteen (18) years to be present in any public place on any Sunday, Monday, Tuesday, Wednesday, or Thursday, after the hour of 10:00 p.m. or on any Monday, Tuesday, Wednesday, Thursday, or Friday prior to the hour of 5:00 a.m.; provided, however that the provisions of this Section 5-10.01(a) do not apply: (1) when the person is accompanied by his parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of the person; or (2) when the person is returning directly home from a meeting, entertainment, recreational activity or dance; or (3) when the person is going directly to or returning directly from work or engaged in such lawful work under the supervision of an adult employer, without any detour or stop; or (4) when the person is on an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop; or (5) when the person is traveling in a vehicle lawfully engaged in interstate travel; or (6) when the person is involved in an emergency; or (7) when the person is on the sidewalk of the person's residence; or (8) when the person is peaceably exercising First Amendment rights protected by the United States Constitution; or (9) when the person is emancipated pursuant to law. For purposes of this subsection (a), "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. For purposes of this subsection (a), "emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action, the term "emergency" including but not being limited to, a fire, natural disaster, automobile accident, or other situation requiring immediate attention to prevent serious bodily injury or loss of life, the term "serious bodily injury" including, but not being limited to, injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

(b) It shall be unlawful for any person under the age of eighteen (18) years to be present in any public place on any Friday or Saturday after the hour of 11:00 p.m. or on any Saturday or Sunday prior to the hour of 5:00 a.m.; provided, however that the provisions of this Subsection 5-10.01(b) do not apply: (1) when the person is accompanied by his parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of the person; or (2) when the person is returning directly home from a meeting, entertainment, recreational activity or dance; or (3) when the person is going directly to or returning directly from work or engaged in such lawful work under the supervision of an adult employer, without any detour or stop; or (4) when the person is on an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop; or (5) when the person is traveling in a vehicle lawfully engaged in interstate travel; or (6) when the person is involved in an emergency; or (7) when the person is on the sidewalk of the person's residence; or (8) when the person is peaceably exercising First Amendment rights protected by the United States Constitution; or (9) when the person is emancipated pursuant to law. For purposes of this subsection (b), "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. For purposes of this subsection (b), "emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action, the term "emergency" including but not being limited to, a fire, natural disaster, automobile accident, or other situation requiring immediate attention to prevent serious bodily injury or loss of life, the term "serious bodily injury" including, but not being limited to, injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

(c) Any minor under the age of eighteen (18) years found in violation of Subsections 5-10.01(a) or 5-10.01(b) shall be immediately apprehended and taken to the Coalinga Police Department, or other proper detention place or parental pickup station for minors, and there be detained until the arrival of the parent, guardian or proper person to care for said minor.

(d) A person under the age of eighteen (18) years who attends an organized and sanctioned event or activity and who is in rightful possession of a "curfew pass," issued and authorized by the Chief of Police shall be exempt from the provisions of Subsections 5-10.01(a) and 5-10.01(b) for the first thirty (30) minutes following the applicable 10:00 p.m. or 11:00 p.m. curfew times.

(§ 1, Ord. 627, eff. December 21, 1996, as amended by § 1, Ord. 634, eff. January 3, 1998)

(a) Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years who knowingly permits such person to violate the provisions of this chapter is guilty of a misdemeanor.

(b) It shall be unlawful for any parent, guardian or person having a minor in his or her charge, after receiving notice of the apprehension, arrest or detention of said minor, to fail or neglect to go in person or charge some suitable person to go in person to retrieve the minor so detained.

(c) Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years and who violates Subsections 5-10.02(a) or 5-10.02(b) shall be liable for the expense of a Police response and the cost of transporting the minor to a detention or parental pickup station. The terms "expense of police response" and "parental pickup station" shall have the following meanings:

(1) "Expense of Police response" shall mean and include any and all costs incurred by responding Police Officers, including the salaries of the responding Police personnel, costs of vehicular travel, and booking or other paperwork processing costs, as established by resolution.

(2) "Parental pickup station" shall mean and include Coalinga Police Department, a place of detention chosen by the responding Police Officer at or near the place of apprehension of the person under eighteen (18) years of age, or place established by the Police Department from time to time for the temporary detention of minors until retrieved by the minor's parent, guardian or other person properly designated to care for or retrieve said minor.

(§ 1, Ord. 627, eff. December 21, 1996)

(a) No person shall, on any Sunday, Monday, Tuesday, Wednesday, or Thursday, after the hour of 10:00 p.m. or on any Monday, Tuesday, Wednesday, Thursday, or Friday prior to the hour of 5:00 a.m., loiter about the premises where any public entertainment is held when such person is not actively participating in the public entertainment, either as an entertainer or as an invited spectator thereof.

(b) No person shall, on any Friday or Saturday after the hour of 11:00 p.m. or on any Saturday or Sunday prior to the hour of 5:00 a.m., loiter about the premises where any public entertainment is held when such person is not actively participating in the public entertainment, either as an entertainer or as an invited spectator thereof.

(c) For purposes of this Section 5-10.03, the terms "public entertainment", "entertainer", and "invited spectator" shall have the following meanings:

(1) "Public entertainment" shall mean and include amusements, diversions, and things of interest to which the community at large is or may be invited.

(2) "Entertainer" shall mean and include a person who entertains or actively participates in an activity in which another entertains, including but not limited to, a member of an audience, a dancer, or a spectator.

(3) "Invited spectator" shall mean and include a person who witnesses any public entertainment at the pleasure of those sponsoring the entertainment.

(§ 1, Ord. 627, eff. December 21, 1996)

It shall be unlawful for any parent, guardian, or adult person having the control, custody or charge of any person under eighteen (18) years of age to permit, allow or encourage that person to loiter about a place of public entertainment in violation of Section 5-10.03.

(§ 1, Ord. 627, eff. December 21, 1996)