Cupertino Municipal Code Ch. 10.68 Curfew

A. “Curfew hours” means:

1. Ten p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until six a.m. of the following day; and

2. midnight on any Friday or Saturday until 6:00 a.m. the following day.

B. “Emergency” means an unforeseen circumstance or the resulting state that calls for immediate action, including but not limited to a fire, a natural disaster, a motor vehicle accident, or other situation requiring immediate action to prevent serious bodily injury or loss of life.

C. “Guardian” means:

1. A person who, under court order, is the guardian of a minor; or

2. A public or private agency with whom a minor has been placed by a court.

D. “Minor” means any person under eighteen years of age and is synonymous with the term “juvenile” for the purposes of this chapter.

E. “Parent” means a person who is:

1. A natural, adoptive, or stepparent of another person; or

2. At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

F. “Public place” means any place to which the public has access, including but not limited to streets, sidewalks, highways, parks, the common areas of schools, hospitals, apartments, office buildings, transportation facilities and commercial stores.

G. “Remain” means to:

1. Linger or stay, whether on foot or in a vehicle; or

2. Fail to leave premises when requested to do so by a police officer or the owner, operator or person in control of the premises.

(Ord. 1904, (part), 2002; Ord. 1665, § 2 (part), 1994)

A. It is unlawful for a minor to remain in any public place within the City during curfew hours.

B. It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place within the City during curfew hours.

(Ord. 1665, § 2 (part), 1994)

The activities prohibited by Section 10.68.020 shall not be unlawful in the following circumstances:

A. When the minor is accompanied by the minor’s parent or guardian;

B. When the minor is on an errand at the direction of the minor’s parent or guardian, without any detour or stop;

C. When the minor is in a motor vehicle involved in interstate travel, or other travel not in violation of this article;

D. When the minor is engaged in an employment activity, or going to or returning from an employment activity, without any detour or stop;

E. When the minor is involved in an emergency;

F. When the minor is on the sidewalk abutting the minor’s residence or abutting the residence of a next door neighbor if the neighbor did not complain to the sheriff’s office about the minor’s presence;

G. When the minor is attending an official school, religious or other recreational activity sponsored by a civic, commercial or other similar organization that supervises the activity, or when a minor is going to or returning home from such activity, without any detour or stop;

H. When the minor is engaging in speech or religious rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech and the right of peaceful assembly; or

I. When the minor is married or has been emancipated in accordance with California Family Code Section 7000, et seq.

(Ord. 1665, § 2 (part), 1994)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable as provided in Chapter 1.12 of this Code.

(Ord. 1665, § 2 (part), 1994)