Fairfield Municipal Code § 12.1 In General

The City has a compelling interest in reducing the rate of juvenile crime and victimization. Minors are particularly vulnerable to violence and to the pressure to participate in criminal activity due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. Enactment and enforcement of a juvenile crime and victimization.

In addition to reducing the rate of juvenile crime and victimization, a daytime curfew also serves to promote the City’s compelling interest in prohibiting daytime presence in public places by those subject to compulsory education.

Both the nighttime and daytime juvenile curfews promote legitimate and compelling governmental interests while not restricting constitutionally protected activities.

In these sections 12.1.1 through 12.1.7:

Custodial Person means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who possesses written authorization by such parent or legal guardian for the care and custody of the minor.

Daytime Curfew Hours means the period from 8:30 a.m. through 1:30 p.m. on those days when the minor’s school is in session with the exception of a school approved lunch hour.

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

Minor means a person under the age of eighteen (18) years.

Nighttime Curfew Hours means the period from 11:00 p.m. through 5:00 a.m. every day of the week.

Public Place means any place to which the public has access and includes, but is not limited to, streets, roads, alleys, trails, parks, recreation areas, public grounds or buildings, vacant lots or buildings, common areas of schools (except during regular school hours), office buildings, transport facilities, restaurants, retail establishments, places of amusement, parking lots, or other unsupervised places.

Except as provided in section 12.1.4 (Exceptions) below:

(a) Nighttime curfew: Every minor who is present in or upon any public place during nighttime curfew hours is guilty of an infraction.

(b) Daytime curfew: Every minor subject to compulsory education or to compulsory continuation education who is not in possession of a valid, school-issued, off-campus permit giving permission to leave campus or not receiving instruction by a qualified tutor pursuant to Education Code Section 48224 or not otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code, who is present in or upon any public place during the daytime curfew hours is guilty of an infraction.

(c) Custodial responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction.

The prohibitions of Section 12.1.3 do not apply if the minor is:

1. Accompanied by a custodial person;

2. On an errand directed by, and in possession of a written excuse from, a custodial person;

3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the minor;

4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

5. Engaged in or going directly to or returning directly from any lawful activity with written permission from a custodial person;

6. Involved in an emergency or seeking medical assistance;

7. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

8. In the right-of-way abutting the minor’s residence;

9. In a motor vehicle involved in interstate travel;

10. Emancipated pursuant to State law and California Family Code Section 7000, et seq, including but not limited to the following reasons: married or in the military service.

A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Section 12.1.4 apply.

Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

Each violation of Section 12.1.3 is a separate offense.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 98-18, § 1)