Chapter 8.12 — CURFEW

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

At the direction means specifically permitting or directing either verbally or in writing.

Curfew hours means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

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

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.

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 which the court has placed a minor.

Minor means any person under 18 years of age.

Parent means a person who is a natural parent, adoptive parent, or stepparent of another person.

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, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Responsible adult means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a 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.

Truancy hours means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

At is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

(b)

It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

(c)

It is a defense to prosecution under subsection (a) or (b) of this section that the minor was:

(1)

Accompanied by the minor's parent, guardian or responsible adult;

(2)

On an errand at the direction of the minor's parent, guardian or responsible adult, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in, going to or returning home from an employment activity without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence;

(7)

Engaged in, going to or returning home from an official school, religious, or other recreational activity supervised by adults, sponsored by the city, a civic organization or another similar entity that takes

responsibility for the minor;

(8)

Exercising First Amendment rights protected by the United States Constitution; or

(9)

Emancipated pursuant to law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It is unlawful for any minor who is subject to compulsory education or to the compulsory continuation of education to be present in any public place or on the premises of any establishment within the city during truancy hours.

(b)

It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during truancy hours.

(c)

It is a defense to prosecution under subsection (a) or (b) of this section that the minor was:

(1)

Accompanied by a parent, guardian or responsible adult;

(2)

Involved in an emergency;

(3)

Going to or returning from a medical appointment without any detour or stop;

(4)

Engaged in, going to or returning home from an employment activity without any detour or stop;

(5)

In possession of valid proof that the minor is a student who has permission to leave the school campus.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Compulsory Education Law, Education Code § 48260 et seq.

(a)

Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew or truancy hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no defense under sections 8.12.020(c) or 8.12.030(c) is present or applicable.

(b)

Each violation of this section shall constitute a separate offense.

(c)

Any person who violates any of the provisions of section 8.12.020 or 8.12.030 shall be guilty of a misdemeanor or an infraction, and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)