Corcoran Municipal Code Ch. 5 Curfew

It shall be unlawful for any minor, under the age of eighteen (18) years, to loiter or remain in or upon the streets, roads, parks, public buildings or other public grounds, a place of amusement or entertainment or any other unsupervised place between the hours of ten o'clock (10:00) P.M. on any day and five o'clock (5:00) A.M. of the following day; provided, however, that the provisions of this section do not apply:

A. When the minor is accompanied by a parent, spouse, guardian or other adult having control or charge of said minor.

B. When the minor is upon an emergency errand directed by his/her parent, spouse, guardian or other adult having control or charge of said minor.

C. When the minor is returning directly to his home or other place of residence after having attended a place of amusement, entertainment, recreational activity, school function or social call.

D. When the minor is going directly to his/her place of employment or while returning directly to his/her home or other place of residence after having left his/her place of employment. (Ord. 316, 5-3-1976, eff. 6-2-1976)

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 appear in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place, whether in a vehicle or not, between the hours of eight o'clock (8:00) A.M. and three o'clock (3:00) P.M. on days when school is in session.

This section does not apply:

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

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

D. To students who have permission to leave a school campus for lunch or school related activity and have in their possession a valid, school issued, off campus permit;

E. To students who are enrolled in half day continuation education programs, and possess school issued identification cards which identify them as a student of such half day educational program. As to these students, it is unlawful for any minor under the age of eighteen (18) years, who is subject to half day compulsory education or to half day compulsory continuation education, to appear in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place, whether in a vehicle or not, between the hours of eight o'clock (8:00) A.M. and twelve o'clock (12:00) noon on days when school is in session;

F. To students who are exempt by law from compulsory education or compulsory continuation education;

G. To students who are authorized to be absent from their school pursuant to the provisions of California Education Code section 48205, or any other applicable state or federal law;

H. To students who, between the hours of eight o'clock (8:00) A.M. and three o'clock (3:00) P.M. on days when school is in session, are not in attendance upon a public full time day school due to their exemption from such requirement under the provisions and restrictions of California Education Code section 48220 et seq.

The individual intending to rely upon an exemption set forth within this section, shall bear the burden of proving such exemption to the court, Corcoran police department and/or Corcoran city manager, as appropriate. (Ord. 588, 9-13-2006)

It shall be unlawful for any parent, guardian or any adult person having legal control or charge of a minor, under the age of eighteen (18) years, to wilfully or knowingly permit or allow such minor to violate sections 5-5-1 and/or 5-5-2 of this chapter, and it shall be unlawful for any other person to wilfully or knowingly aid, abet or assist any minor under the age of eighteen (18) years in violating said sections. (Ord. 588, 9-13-2006)

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 wilful misconduct in violation of Welfare and Institutions Code section 602, a minor, under eighteen (18) years of age, is detained for a period of time in excess of one hour, and such detention required the supervision of the juvenile offender by Corcoran police department employee(s), the parent or legal guardian having custody or control of the 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 Police Department Or City Manager: As determined by the Corcoran police department and/or Corcoran city manager, or their designee, the parent or legal guardian of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code section 602, where police personnel provide services relating to the detention, processing, or supervision of minors that are over and above the normal services usually provided by the police department, may be assessed and billed for the costs of providing such personnel for such services beyond those normally provided by the 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 the 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, the amount due to the city shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 588, 9-13-2006)

The city council may, by resolution, temporarily change or relax the hours herein specified, provided special circumstances or special events justify such action. (Ord. 316, 5-3-1976, eff. 6-2-1976; amd. Ord. 588, 9-13-2006)

Any person violating any provisions of this chapter shall be guilty of an infraction as provided in section 36900 of the Government Code. Every violation determined to be an infraction is punishable pursuant to the provisions of section 1-4-1 of this code. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable as herein provided. (Ord. 328, 7-18-1977; amd. 1996 Code; Ord. 588, 9-13-2006)