Costa Mesa Municipal Code Ch. III Curfew for Minors

(a) It is a defense to prosecution of the above offenses 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 responsible adult, without detour or delay;

(3) In a motor vehicle involved in intrastate or interstate travel;

(4) Engaged in employment, or going to or returning home from employment, without detour or delay;

(5) Involved in an emergency;

(6) On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

(7) Attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;

(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

(9) Emancipated pursuant to law;

(10) The minor is in the military service of the United States.

(b) It is a defense to prosecution under offense in subsection (c) of section 11-51.5, above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. No. 9812, § 2, 5-4-98)

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 minor under this chapter unless the officer reasonably believes an offense has occurred and, based upon the minor's response(s) and other circumstances, no defense under this chapter appears present or applicable.

(Ord. No. 98-12, § 2, 5-4-98)

Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. No. 98-12, § 2, 5-4-98)