East Palo Alto Municipal Code Art. I In General

The city council finds and determines that the adoption of the ordinance codified in this chapter as an urgency ordinance is necessary to protect the public health, safety and welfare. The city council adopts the following findings and declarations in support of this chapter:

A. The city has a compelling interest in protecting juveniles from crime, protecting the juveniles from exposure to drug and alcohol related crimes, protecting the public from juveniles committing crimes, and increasing the exercise of parental control over and responsibility for the city's children, and in reducing the opportunities for juvenile crime.

B. The imminent summer school recess will create conditions conducive to crimes committed by juveniles, or of juveniles becoming victims of crime, due to the indication that juveniles are responsible for or are victims of significant levels of crime in East Palo Alto and surrounding cities, which indications are based upon public hearings conducted by the city public safety commission.

C. The urgency ordinance is for the immediate preservation of the public health, safety and welfare of the East Palo Alto community.

(Ord. 189 § 1, 1995)

As used in this chapter:

"Curfew hours" means eleven p.m. on any day until six a.m. of the following day.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian" means:

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

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

"Minor" means any person under eighteen (18) years of age and is synonymous with the term "juvenile" for the purposes of this chapter.

"Parent" means a person who is:

1. A natural parent, adoptive parent or step-parent of another person; or

2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, highways, private residences left open to the public without the presence of adult supervision and common areas of schools, hospitals, apartments, office buildings and transportation facilities.

"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. 189 § 2, 1995)

A. It is unlawful for a minor to remain in any public place within the city during curfew hours, except as provided in this chapter.

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. 189 § 3, 1995)

When the minor is:

A. Accompanied by the minor's parent or guardian;

B. On an errand at the direction of the minor's parent or guardian, without detour or stop;

C. In a motor vehicle involved in interstate travel, or other travel through the city not in violation of this chapter;

D. Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

E. Acting in response to an emergency;

F. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

G. Returning directly home, without detour or stop, from a school, religious, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity sponsored by the city, school district, or other similar private civic organization that supervises the activity, or when a minor is going to or returning home from, without any detour or stop, such activity or service;

H. Waiting at a train or bus station for transportation to or returning from, without any detour or stop, such activity or service as provided for in this chapter;

I. Married or has been emancipated in accordance with California Family Code Section 7000, et seq.;

J. Engaged in a commercial activity or receiving commercial services on the premises of a business organization that supervises and permits the activity, or when a minor is going to or returning home from, without any detour or stop, such activity or service.

(Ord. 189 § 4, 1995)

Before taking any enforcement action under this chapter, a police officer, police community service officer, or code enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred as provided in this chapter.

(Ord. 189 § 5, 1995)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. 189 § 6, 1995)

(Ord. No. 334, § 25, 7-20-2010)