Escondido Municipal Code Div. 1 Curfew Hours

(a) Definitions. In this section:

"Curfew hours"

mean:

(1)

10:00 p.m. until 5:00 a.m. of the following day.

"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 18 years of age.

"Parent"

means a person who is:

(1)

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

(2)

At least 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, highways, dedicated open or trail space or any privately owned land that is unsupervised and is open and generally available to the public, including, but not limited to, vacant lots, the parking lots and common areas of schools, hospitals, apartment houses, housing complexes, shopping centers and malls, and transport facilities.

"Remain"

means to:

(1)

Linger or stay, to tarry; or

(2)

Fail to leave 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 any adult person of at least 21 years of age having the responsibility for the care, custody, and control of the subject minor.

(Code 1957, §§ 5211, 5212; Ord. No. 97-16, § 2, 7-2-97; Ord. No. 97-17, § 2, 7-9-97; Ord. No. 2002-23, § 1, 10-9-02; Ord. No. 2012-14, § 2, 6-20-12)

(a) Offenses. It is unlawful for:

(1) A minor to remain in any public place or on the premises of any establishment within the city during curfew hours;

(2) A parent or guardian of a minor or responsible adult to knowingly permit, or by insufficient control allow, the minor to remain in any public place within the city during curfew hours.

(b) Defenses.

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

(i) Accompanied by the minor's parent or guardian;

(ii) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

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

(iv) Involved in an emergency;

(v) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(vi) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Escondido, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Escondido, a civic organization, or another similar entity that takes responsibility for the minor;

(vii) Engaged in a bona fide exercise of the minor's First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of lawful assembly.

(Code 1957, § 5216; Ord. No. 75-4, § 16, 2-13-75; Ord. No. 97-16, § 3, 7-2-97; Ord. No. 97-17, § 3, 7-9-97)

(a) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the alleged offender's age and reason for being in the public place. That 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, based on any response and other circumstances, no defense in section 17-55(b) of this article, is present.

(b) Penalties.

(1) A person who violates a provision of this chapter is guilty of an infraction. Each offense, upon conviction, is punishable by a fine not to exceed the amount set forth in Escondido Municipal Code section 1-17.

(2) When required by law, the municipal court shall waive original jurisdiction over a minor who violates section 17-55(a) of this article and shall refer the minor to juvenile court.

(Code 1957, § 5214; Ord. No. 97-16, § 4, 7-2-97; Ord. No. 97-17, § 4, 7-9-97)