Colton Municipal Code Ch. 9.32 Juvenile Curfew and Daytime Loitering

A. Purpose. The City is concerned with the level of Juvenile violence, Juvenile gang Activity, and Juvenile crime in the City. The City finds that Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related Activities and to be victims of older perpetrators of crime. Recent Local statistics regarding Juvenile crime and victimization indicate that enforcement of a curfew for Juveniles decreases Juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The City Council believes that having an enforceable Juvenile curfew Ordinance is critical to preserving the public health, safety and welfare.

The City further finds and determines that Juveniles are repeatedly detained and supervised by Law enforcement personnel for violating curfew and that Daytime loitering Laws impose an extraordinary burden on the manpower and resources of the Law enforcement services division because Juveniles taken into custody by Law enforcement personnel Must be supervised in an unsecured area of the Law enforcement station until they are released to a Parent or guardian. Law enforcement personnel who supervise Juveniles who have been detained are then unavailable to carry out Law enforcement duties in the Field which decreases the level of Police protection thereby decreasing public safety in the community. One purpose of this section is to inhibit crime committed by Juveniles at Night and by truants during the Day and to defray the reasonable costs that the City incurs to provide extraordinary Law enforcement services to respond to, detain and supervise repeat curfew and Daytime loitering violators.

B. Definitions.

"Emergency" means the unforeseen combination of circumstances or the resulting State that calls for immediate Action. The term includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another Person.

"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.

"Juvenile" means any Person under eighteen Years of age who is not emancipated pursuant to Law.

"Parent" means a Person who is the natural or adoptive Parent of a Person. The term includes a Court appointed guardian or other Person eighteen Years of age or older authorized by the Parent, by a Court order or by a Court appointed guardian to have the care and custody of that Juvenile.

"Public Place" means any place to which the public has Access and includes but is not limited to Streets, Highways, Parks and the common areas of Schools, Hospitals, office Buildings, transport facilities, shopping centers, and malls.

C. Curfew for Juveniles. It is unlawful for any Juvenile to remain in any Public Place or on the Premises of any Establishment in the City between the hours of ten p.m. of any Day and sunrise of the Following Day, unless the Juvenile is:

1. Accompanied by the Juvenile's Parent;

2. On an errand at the direction of the Juvenile's Parent;

3. Engaged in an employment Activity or going to or returning home from an employment Activity without any detour or Stop;

4. Involved in an Emergency;

5. On the Sidewalk abutting the Juvenile's residence;

6. Attending an official School, religious or recreational Activity supervised by one or more adults and sponsored by the City, a civic organization or other entity that takes responsibility for the Juvenile, or going to or returning home from, without any detour or Stop, an official School, religious or other recreational Activity supervised by one or more adults and sponsored by the City, a civic organization or another entity that takes responsibility for the Juvenile;

7. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech or the right of assembly where the Juvenile is not intentionally exercising such rights solely for the purpose of creating a defense to the enforcement of this Section 9.32.010C.

(Ord. 0-04-98 § 1, 1998)

It is unlawful for the Parent or legal guardian of any Juvenile to knowingly Permit or, by insufficient control, to allow the Juvenile to be in Violation of Sections 9.32.010C or 9.32.030 of this chapter.

(Ord. 0-04-98 § 2, 1998)

It is unlawful for any Juvenile, who is subject to compulsory full-time education or to compulsory continuation education under State Law, to remain in or upon any Public Streets, Highways, roads, Alleys, Parks, playgrounds, or other public grounds, Public Places, public Buildings, or the Premises or any Establishment, Vacant Lots, or other place away from his or her place of residence, including any Railway car, engine, truck or other Vehicle without the consent of the Owner or Person rightfully in charge thereof during the hours and on Days when the Juvenile's School is in session. The provisions of this section do not apply if:

A. The Juvenile is accompanied by his or her Parent, legal guardian or other adult having the care and custody of the Juvenile; or

B. The Juvenile is on an Emergency errand directed by a Parent, legal guardian or other adult having care and custody of the Juvenile; or

C. The Juvenile is going to or coming directly from his or her place of employment; or

D. The Juvenile is going to or from a medical appointment; or

E. The Juvenile is a student who has Permission to leave the School campus for lunch or School related Activity, and has in his or her possession a valid, School-issued, off-campus Permit; or

F. The Juvenile is going to or coming from a compulsory alternative education program Activity; or

G. The Juvenile is attending or, without any detour or Stop, going to or returning from an official School, religious, government-sponsored Activity, or other recreational Activity supervised by adults; or

H. The Juvenile is attending or, without any detour or Stop, going to or returning from an event or Activity directly related to the medical condition of the Parent or legal guardian; or

I. The Juvenile is officially enrolled in home Schooling; or

J. The Juvenile is exempt by Law from compulsory education or compulsory continuation education; or

K. The Juvenile is authorized to be absent from his or her School pursuant to the provisions of California Education Code Section 48205, or any other applicable State or Federal Law.

(Ord. O-20-99 § 1, 1999: Ord. 0-04-98 § 3, 1998)

A. Violation and Penalties. Each Violation of the provisions of this chapter is a separate offense and is a misdemeanor.

1. Any Juvenile convicted of a misdemeanor for Violations of any section of this chapter May be punished by a fine not exceeding three hundred dollars or by a requirement to perform City or School-Approved work Projects or community service or both. If required to perform a Project, the total time for performance Shall not exceed twenty hours over a period not to exceed sixty Days, during times other than a Juvenile's hours of School attendance or Juvenile, Parent or legal guardian's hours of employment.

2. Any Parent or legal guardian violating any provisions of this chapter Shall be deemed guilty of a misdemeanor and upon conviction Shall be fined in an amount not to exceed one thousand dollars, or by imprisonment for a period of not more than three Months in the County Jail or by both such fine and imprisonment.

B. Enforcement. A Peace Officer May issue a citation to any Juvenile, Parent or guardian found to be in Violation of this chapter and May detain any Juvenile, until the Juvenile can be placed in the care and custody of a Parent or legal guardian or May transport the Juvenile to his or her home or to the School from which the Juvenile is absent. If cited, the Juvenile and a Parent or legal guardian Shall appear in Court as directed by the citation.

(Ord. 0-04-98 § 4, 1998)