Corona Municipal Code Ch. 9.42 Juvenile Curfew Regulations

(A) Purpose. The city finds that a juvenile curfew ordinance is necessary and desirable because the protection of juveniles warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the particular vulnerability of children and juveniles’ inability to make critical decisions in an informed and mature manner. The City Council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare of the community generally and providing a higher degree of protection for its juveniles, specifically during nighttime hours.

(B) Definitions.

(1) "Curfew hours" means the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day.

(2) "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.

(3) "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.

(4) "Juvenile" means any person under 18 years of age.

(5) "Parent" means a person who is the natural or adoptive parent of a person. The term includes a court appointed guardian or other person 18 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.

(6) "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.

(`78 Code, § 9.42.010.) (Ord. 2339 § 1 (part), 1997.)

It is unlawful for:

(A) Any juvenile to remain in any public place or on the premises of any establishment within the city during curfew hours; or

(B) Any person or guardian of a minor to knowingly permit or, by insufficient control, allow a juvenile to remain in any public place or on the premises of any establishment within the city during curfew hours; or

(C) Any owner, operator or employee of an establishment to knowingly permit a juvenile to remain in any public place or on the premises of any establishment during curfew hours.

(`78 Code, § 9.42.020.) (Ord. 2339 § 1 (part), 1997.)

The minor(s) shall not be held liable under § 9.42.020 if one or more of the following circumstances exist:

(A) The minor is accompanied by the minor’s parent;

(B) The minor is on an errand at the direction of the minor’s parent;

(C) The minor is in a motor vehicle involved in interstate travel;

(D) The minor is engaged in an employment activity or going to or returning home from an employment activity without any detour or stop;

(E) The minor is involved in an emergency;

(F) The minor is on the sidewalk abutting the juvenile’s residence;

(G) The minor is attending an official school, religious or recreational activity supervised by one or more adults and sponsored by the city, a civic organization or other similar 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 other similar entity that takes responsibility for the juvenile;

(H) The minor is exercising First Amendment rights protected by the United States Constitution; or

(I) The minor is emancipated pursuant to law.

(`78 Code, § 9.42.030.) (Ord. 2919 § 3, 2008; Ord. 2339 § 1 (part), 1997.)

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a juvenile unless the officer reasonably believes an offense has occurred and, based upon the juvenile’s response(s) and other circumstances, no defense under this chapter appears present or applicable.

(`78 Code, § 9.42.040.) (Ord. 2339 § 1 (part), 1997.)

Each violation of any of the provisions set forth herein shall constitute a separate offense and shall be classified as an infraction. Juveniles shall be dealt with in accordance with laws and procedures applicable to juvenile offenders, and offenses may be heard by any court designated to hear them.

(`78 Code, § 9.42.050.) (Ord. 2919 § 4, 2008; Ord. 2339 § 1 (part), 1997.)