El Cerrito Municipal Code Art. 3 Nighttime Curfew

The purpose of this article is to provide uniform guidelines to regulate the activity of youth, during certain nighttime hours and create a safer environment for all youth in the city. The City Council of the City of El Cerrito hereby finds that:

A. The personality of a community changes during the nighttime hours, particularly after 10:00 p.m. Many areas that are normally considered safe, during the daylight and early evening hours, become less so during the nighttime hours.

B. Persons under the age of eighteen may be particularly susceptible, by way of their lack of maturity and experience, to become involved in crimes, either as victims or suspects.

C. Crimes committed against persons under the age of eighteen, between the hours of 10:00 p.m. and 5:00 a.m., are increasing.

D. Crimes committed by persons under the age of eighteen, during the hours of 10:00 p.m. and 5:00 a.m. are increasing.

E. It is necessary to provide an enforcement tool which will assist in providing protection for the youth of the city, during certain nighttime hours, by:

1. Reducing the likelihood that youth will become victims of criminal activity;

2. Reducing the likelihood that youth will become suspects of criminal activity; and

3. Aiding parents and guardians in carrying out their responsibility to exercise supervision of the youth entrusted to their care.

(Ord. No. 2010-02, § II, 2-1-2010)

It is unlawful for a youth to remain in any public place within the city, between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday nights, and 11:00 p.m. and 5:00 a.m. Friday and Saturday nights.

(Ord. No. 2010-02, § II, 2-1-2010)

It shall be permissible for a youth to remain in a public place within the city between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday nights, and 11:00 p.m. and 5:00 a.m. Friday and Saturday nights under the following circumstances:

A. When the youth is accompanied by the youth's parent or guardian;

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

C. When the youth is in a motor vehicle involved in the interstate travel, or other travel not in violation of the El Cerrito Municipal Code;

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

E. When the youth is involved in an emergency;

F. When the youth is on the sidewalk abutting the youth's residence or abutting the residence of a next door neighbor, if the neighbor did not complain to the police department about the youth's presence;

G. When the youth is attending an official school, religious, recreational or social activity, such as a movie, play, dance concert, or sporting event, or going to or returning home from such activity, or inside a commercial establishment actively receiving goods or services;

H. When the youth is exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, or speech;

I. When the youth is married, an active member of the United States military, or has been emancipated in accordance with the California Family Code Section 7000 et seq.;

J. When the youth is waiting at an officially designated bus stop or other transit provider stop, during the hours that those modes of transportation function.

(Ord. No. 2010-02, § II, 2-1-2010)

A. Any youth who violates the provisions of this Article shall be subject to the following penalties and punishment:

1. The fine for this violation shall be listed in the City of El Cerrito Master Fee Schedule as adopted from time to time by resolution.

2. Any youth who violates the provisions of this Article a fourth time shall be guilty of a misdemeanor and subject to the provisions of Chapter 2 of Division 2 of the Welfare & Institutions Code of the State of California.

(Ord. No. 2010-02, § II, 2-1-2010)

Each owner, agent, manager or keeper of a hotel, boardinghouse, lodging house, motor court, or apartment house, shall immediately report to the police department the presence therein of any minor unless such minor resides in such dwelling with the parent, guardian or other adult person having the legal custody of such minor. Such a report shall state the name, and last known place of abode of the parent, guardian, or other custodian of such minor, so far as such information can be ascertained.

(Ord. No. 2010-02, § II, 2-1-2010)