El Monte Municipal Code Ch. 9.32 Juvenile Curfews

For purposes of this chapter the following terms shall have the following definitions:

"Curfew hours" means:

1. The periods of time commencing at ten p.m. on each Sunday, Monday, Tuesday, Wednesday, and Thursday, terminating at six a.m. of the next following day; and

2. The periods of time commencing at 12:01 a.m. on each Saturday and Sunday, terminating at six a.m. the next following day.

"Daytime curfew" means the periods of time commencing at eight-thirty a.m. terminating at one-thirty p.m. on each Monday, Tuesday, Wednesday, Thursday and Friday, while schools are in regular session.

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

"Guardian" means a person or public or private agency who, under court order, is designated as the guardian of the person of a minor.

"Minor" means any natural person under eighteen (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 is invited, or has access. "Public place" includes, but is not limited to, public streets and the common public areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Remain" means to:

1. Linger or stay; or

2. Fail to leave a location when requested to do so by a police officer as to a public place.

"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.

(Ord. 2466 § 2 (part), 1997: prior code § 4230)

A. A minor shall not remain in any public place within the city during curfew hours or during the hours of a daytime curfew.

B. A parent or guardian of a minor shall not knowingly permit, or by insufficient control allow, such minor to remain in any public place within the city during curfew hours or during the hours of a daytime curfew.

(Ord. 2466 § 2 (part), 1997: prior code § 4231)

A. It shall be a complete defense to a prosecution of a minor for a violation under Section 9.32.020 that the minor was, at the time of the charge was:

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

2. Directly engaged in an errand at the express direction of the minor's parent or guardian; or

3. In a motor vehicle which is engaged in intrastate or interstate travel; or

4. Engaged in an employment activity, or going directly to or directly returning home from an employment activity; or

5. Involved in an emergency; or

6. Attending a school activity or religious activity sponsored by a school or religious group/church, or a recreational activity sponsored by a public entity or a private sponsoring entity which supervises the activity; or while going to or returning home from, without any detour or stop, such an activity; or

7. Lawfully exercising constitutional rights such as the free exercise of religion, freedom of speech, or the right of assembly; or

8. Judicially declared emancipated.

B. It shall be a complete defense to the prosecution of a minor under Section 9.32.030 for a violation occurring during daytime curfew hours, if the minor:

1. Has permission to leave the school campus where the minor is enrolled as a student for lunch or a school-related activity, or has in his or her possession a valid, school-issued, off-campus permit or is supervised by school personnel; or

2. Has in his or her possession a written document from the minor's parent(s) or legal guardian(s), excusing, for good cause, the minor's absence from school; or

3. Is not subject to compulsory education or to compulsory continuation education pursuant to the California Education Code; or

4. Is not required to be in school because school is not in session.

(Ord. 2466 § 2 (part), 1997: prior code § 4232)

A. If it is necessary for any minor to remain in any public place during curfew hours or during the hours of a daytime curfew, the parent or guardian of the minor may, but is not required to, file with the Chief of Police an application for a curfew pass to allow such minor to remain in any public place during curfew hours or during the hours of a daytime curfew, as is necessary.

B. The application for such curfew pass shall:

1. Be in writing;

2. State the name and age of such minor;

3. Describe the height, weight, sex, color of eyes and hair, and other physical characteristics of such minor;

4. Explain the reason which requires such minor to remain in a public place or in an establishment during curfew hours or during the hours of a daytime curfew;

5. State the public place in which the minor seeks to remain during curfew hours or during the hours of a daytime curfew, if applicable; and

6. State the exemption under Section 9.32.030 which is applicable.

C. After the filing of an application therefor, the Chief of Police shall issue a curfew pass in writing for such minor to remain in the public place during curfew hours or during the hours of a daytime curfew to the extent that the application shows that an exemption of Section 9.32.030 applies to such minor. Such curfew pass shall clearly state thereon the Section 9.32.030 exemption under which the curfew pass is issued.

(Ord. 2466 § 2 (part), 1997: prior code § 4234)

A. Infraction. A violation of this chapter by a minor shall be deemed to be, upon the first occasion, an infraction; second and subsequent violations within a period of ninety (90) consecutive calendar days by the same minor shall be punishable as a misdemeanor.

B. Parent or Guardian. A violation of this chapter by the parent or guardian of a minor shall be deemed to be a misdemeanor.

C. Penalty. Any person who violates a provision of this chapter shall be liable for a civil penalty not exceeding one thousand dollars ($1,000.00) per occurrence, for each violation, which shall be assessed and recovered in a civil action brought by the District Attorney or the City Attorney. In any action brought pursuant to this section, one-half of the penalty shall be paid to the treasurer of the county, and one-half to the treasurer of the city.

D. Remedies—Cumulative. The civil remedies and penalties for violations which are provided for in this chapter, are cumulative with all other remedies and penalties available to the city under other provisions of the El Monte Municipal Code or other applicable law.

E. Concurrent Actions. Nothing in this chapter shall be deemed to prevent the city from seeking the enforcement and prosecution of any violation of this chapter as a misdemeanor or infraction concurrently with the enforcement of any violation of the chapter by means of any civil fine, penalty or civil proceeding in which money or equitable relief may be obtained by the city under this chapter or under other applicable law.

F. Nuisance. A violation of any provision of this chapter shall also constitute a nuisance and may be abated by the city through administrative civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such a nuisance.

(Ord. 2466 § 2 (part), 1997: prior code § 4233)