Exeter Municipal Code Ch. 9.08 Curfew for Minors

The city council declares that since it has been determined that the general presence of unsupervised minors on public streets and parking lots between ten p.m. and five a.m. is contrary to the public peace, health, and safety, and has contributed to the delinquency of minors, a worsening of drug-related problems, and an increase in juvenile crime, the purpose of this chapter is to require, with certain exceptions, that minors stay at home or be under adult supervision between ten p.m. and five a.m. to reduce the problems of juvenile delinquency, drugs, and crime.

The city council further declares that the community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also of ten leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places. Frequently, persons going about their lawful business, and/or public property, become the targets of delinquent and truant minors during school hours and, hence, an additional purpose of this chapter shall also be to promote the public safety by prohibiting, with certain limited exceptions, the loitering of minors in and about the city during school hours.

(Ord. 641 §1, 2006)

The city council desires to establish a curfew ordinance in order to reduce crime and general problems of juvenile delinquency in accordance with the requirements of law. This intent is based upon the following:

A. The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults.

B. Juvenile crime, especially nighttime crime, has increased and other jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief.

C. In the past year, minors have increasingly been victims of violent crime, and the adoption and enforcement of a curfew ordinance will reverse this trend.

D. Adopting a curfew ordinance will reinforce parental authority and supervision.

(Ord. 538 §1(part), 1994)

For the purpose of this chapter, any person under the age of eighteen shall be deemed a "minor."

(Ord. 538 §1(part), 1994)

A. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuing education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots, or any unsupervised place during the hours between 8:30 a.m. and 1:30 p.m. on days when school is in session. This section shall not apply under any of the following circumstances:

1. When the minor is accompanied by his/her parent, guardian, or other adult having the care or custody of the minor;

2. When the minor is on an emergency errand directed by his/her parent, guardian, or other adult person having care or custody of the minor;

3. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment;

4. When the students have permission to leave their school campus for lunch and/or school related activities and have in their possession a valid school issued off-campus permit;

5. When the minor is exempt by law from compulsory education or compulsory continuation education; or

6. When the minor is authorized to be absent from his or her school pursuant to the provision of California Education Code 48205 or any other applicable state or federal law.

B. It is unlawful for any minor to loiter, wander, idle, stroll, ride or drive about aimlessly in or upon any public street, curb area, sidewalk, alley, park, playground, public place, public building, place of amusement or eating place, parking lot or unsupervised place between the hours of ten p.m. and five a.m. of the following day.

(Ord. 641 §2, 2006)

The provisions of this article shall not apply to:

A. Any minor accompanied by his or her parent or parents, legal guardian or other adult person having legal care or custody of the minor, or by his or her brother, sister or spouse eighteen years of age or older;

B. Any minor performing an errand or task at the direction of his or her parent or legal guardian, or to any minor responding to an emergency with or without parental consent;

C. Any minor then acting within the course or scope of his or her employment;

D. Any minor on the property of, or immediately adjacent to the building in which he or she resides;

E. Any minor returning home from a public meeting, sporting event, school activity, or a place of public entertainment such as a movie, play, concert or special event;

F. Any minor in the military service of the United States;

G. Any minor attending a constitutionally protected activity such as school meeting, classes, religious meetings, or similar organized associational activities;

H. Any minor engaged in reasonable and direct travel to and from those activities described in subsections E and G of this section;

I. Any emancipated minor.

(Ord. 538 §1(part), 1994)

The city council authorizes every police officer to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 9.08.040, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, and other information reasonably necessary to determine whether such violation exists.

(Ord. 538 §1(part), 1994)

A. It is unlawful and an infraction to violate Section 9.08.040 of this chapter.

B. Any person convicted of an infraction under this chapter shall be punished by

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for the second violation of this chapter within one year; and 3. A fine not exceeding two hundred fifty dollars for each additional violation of this article within one year.

C. Where the convicted minor cannot pay the fine imposed under this chapter, the parent or legal guardian shall be personally liable therefor.

(Ord. 538 §1(part), 1994)