Dixon Municipal Code Ch. 11.07 Juvenile Curfew

For the purposes of this chapter the following words shall have the meanings ascribed to them in this section:

"Curfew hours"

means the time period between 10:00 p.m. of any evening of the week and 5:00 a.m. of the day immediately following.

"Emergency"

means an unforeseen combination of circumstances, or the state resulting from such circumstances, that calls for immediate action. The term includes, but is not limited to, fire, earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.

"Establishment"

means any privately owned place of business operated for profit and to which the public is invited, including but not limited to any place of amusement, eating, or entertainment.

"Guardian"

means a person who, pursuant to a court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed.

"Minor"

means any person under the age of eighteen (18) years.

"Parent"

means a person who is the natural, adoptive, or step-parent of the minor.

"Public place"

means any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, roads, alleys, parks, playgrounds, vacant lots, and the common areas of schools, hospitals, apartment houses, condominiums, office buildings, transport facilities and shops.

"Remain"

means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

"Responsible adult"

means a person at least eighteen (18) years of age who is authorized by a minor's parent or guardian to have the care and custody of the minor.

"Serious bodily injury"

means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(amended during 2013 recodification; Ord. 12-004)

It shall be unlawful for any minor to be present or remain in or upon the public streets, alleys, parks, playgrounds or other places, establishments, vacant lots or other unsupervised places, during curfew hours. Each violation of this section shall constitute a separate offense.

(Ord. 12-004)

The provisions of DMC § 11.07.020 shall not apply to any of the following:

A. A minor accompanied by the minor's parent or guardian, or by a responsible adult to whom custody of the minor has temporarily been given by the minor's parent or guardian;

B. A minor performing a task at the direction of the minor's parent or guardian;

C. A minor responding to or involved in an emergency, with or without consent of the minor's parent or guardian;

D. A minor on the property of, or on the sidewalk directly adjacent to, or within a building immediately adjacent to, the building in which the minor resides;

E. A minor then acting within the course and scope of the minor's employment;

F. A minor engaged in an organized civic activity, including but not limited to school meetings, classes or sporting events, religious gatherings, dances, concerts, theatrical performances, or similar civic events, or other religious, expressive, or associative activity protected by the U.S. Constitution or the California Constitution as long as such activity is conducted in compliance with applicable time, place and manner restrictions imposed by law;

G. A minor obtaining food at an establishment for eating immediately following an activity described in subsection E or F of this section, as long as the minor departs the establishment immediately after consuming the food served;

H. A minor engaged in reasonable and direct travel to and from the minor's place of employment, or between the place of an activity described in subsections F and G of this section and any other place the minor may lawfully be during curfew hours;

I. A minor who has been emancipated.

(Ord. 12-004)

It shall be unlawful for a parent or guardian of a minor, or responsible adult to whom custody of the minor has temporarily been given by the parent or guardian, to knowingly permit, or allow by insufficient control, the minor for whom the parent, guardian, or responsible adult is responsible to be present or remain in or upon the public streets, alleys, parks, playgrounds or other public places, establishments, vacant lots or other unsupervised places during curfew hours in violation of DMC § 11.07.020. Each violation of this section shall constitute a separate offense.

(Ord. 12-004)