Fillmore Municipal Code Ch. 15.32 Curfews for Minors

Footnotes:

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Editor's note— Ord. No. 14-843, § 1, adopted May 27, 2014, amended former Ch. 15.32, §§ 15.32.010—15.32.070, in its entirety which pertained to loitering by and a curfew for minors and derived from Ord. No. 713, adopted in 1996.

The definitions and provisions contained in this section shall govern the construction of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.

A. "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.

B. "Guardian" means a person who, under court order, is the guardian of a minor; or a public or private agency with whom a minor has been placed by the court.

C. "Minor" means any person under eighteen years of age.

D. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.

E. "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, a public street, road, drive, alley, trail, sidewalk, public right-of-way; any public or community park, recreation area or playground; any public ground, place or building; places of amusement and eating places, shopping centers and malls; any vacant lot or abandoned or vacant building; or any other place open to the public, whether privately or publicly owned.

F. "Responsible adult" means a person who is:

(1) At least eighteen years of age and is authorized by a parent or guardian to have the care and custody of a minor and accepts responsibility for a minor's actions while in his or her care and custody; or

(2) At least eighteen years of age and is a spouse of a minor.

(Ord. No. 14-843, § 1, 5-27-2014)

It is unlawful for any minor, who is subject to compulsory education or to a compulsory alternative education program, to be in or upon a public place, other than his or her school, during the hours of 8:30 a.m. and 2:30 p.m. on days when school is in session, or if the particular school day has been shortened by the school board or official responsible for the school, during the hours when the minor's school is in session. This section does not apply:

1. When the minor is accompanied by the minor's parent, guardian, or a responsible adult;

2. When the minor is on an emergency errand directed by the minor's parent, guardian or a responsible adult;

3. When the minor is at or directly going to or from his or her (i) school-approved place of employment, (ii) school-approved place of volunteering, or (iii) a medical appointment;

4. To a minor who has permission to leave school campus for lunch or a school related activity or other activity and has in their possession a valid, school issued, off-campus permit; or

5. To a minor in active military service of the United States;

6. The minor is emancipated pursuant to State law and California Family Code Section 7000, et seq., as may be amended from time to time;

7. To a minor who is being instructed in a private full-time day school pursuant to California Education Code 48222, as may be amended from time to time;

8. To a minor who is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, as may be amended from time to time;

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To a minor who is being home-schooled pursuant to California Education Code 48222 or 48224, as may be amended from time to time, or any other California law allowing home schooling; or

10. To a minor who is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code.

(Ord. No. 16-936, § 1, 4-12-2016)

It is unlawful for any minor to be present in or upon a public place between the hours of eleven p.m. and six a.m. the following day, unless the minor is:

(1) Accompanied by the minor's parent, guardian or a responsible adult;

(2) On an errand directed by the minor's parent, guardian or a responsible adult, without any detour or stop;

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

(4) Engaged in, or going directly to or returning directly from, a lawful employment or volunteering activity in a place connected with or as required with respect to a business, trade, profession, non-profit position or occupation in which the minor is lawfully engaged;

(5) Engaged in or going directly to or returning directly from any other lawful activity with written permission from the minor's parent or guardian;

(6) In active military service of the United States;

(7) In the right-of-way in front of and abutting the minor's home or the home of the minor's next door neighbor, provided the neighbor does not object;

(8) Emancipated pursuant to state law and California Family Code Section 7000, et seq., as amended from time to time;

(9) In a motor vehicle involved in interstate or intrastate travel;

(10) Exercising First Amendment rights protected by the federal or state Constitutions, or directly going to or directly returning home from, the exercising of those First Amendment rights;

(11) Involved in an emergency or seeking medical assistance; or

(12) Travelling from any activity listed as an exception in this section to any other activity listed as an exception in this section.

(Ord. No. 14-843, § 1, 5-27-2014)

It is unlawful for the parent, guardian, or responsible adult to permit, or by insufficient control to allow, a minor to violate Section 15.32.020.

(Ord. No. 14-843, § 1, 5-27-2014)

A. Before taking any enforcement action for the violation of Section 15.32.020, a law enforcement officer shall ask the apparent offender's age and reason for being on or in the public place. 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 in those sections apply.

B. Upon any violation of Section 15.32.020, a law enforcement officer may issue a citation to the minor and may transport the minor home or to the school from which the minor is absent.

C. When a minor is cited under this chapter, the parents or guardians shall be advised of the fact that the juvenile was cited for a violation under this chapter. The parents or guardians shall appear in court with the minor as directed in the citation. Failure of the city to notify a parent or guardian as required by this section is not a defense for any violation by the minor.

(Ord. No. 14-843, § 1, 5-27-2014)

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as otherwise allowed at federal, state or local law.

(Ord. No. 14-843, § 1, 5-27-2014)

A. Separate Offense. Each violation of the provisions of this chapter shall constitute a separate offense.

B. Infraction. Any person violating any provision of this chapter is deemed guilty of an infraction and subject to penalty consistent with Chapter 1.08.

C. Welfare and Institutions Code. Notwithstanding any other provision of this code, when a person under the age of eighteen years is charged with a violation of this chapter, and a law enforcement officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

D. Misdemeanor. Notwithstanding anything to the contrary in this section, when a parent or guardian has been cited and found guilty for an infraction at least one time under this chapter, a parent or guardian shall be guilty of a misdemeanor for any subsequent violation of this chapter, and shall be subject to a penalty consistent with Chapter 1.08.

(Ord. No. 14-843, § 1, 5-27-2014)

A. Cost Recovery. The city may recover all of its actual administrative and transportation costs incurred enforcing this chapter pursuant to Welfare and Institutions Code Section 625.5, as may be amended from time to time, and the procedures in this section.

B. Joint and Several Responsibility. The minor, parents, and/or guardians shall be jointly and severally responsible for the City's administrative and transportation costs.

C. Requirements. To recover costs under this section, the City must do all of the following:

(1) Issue a warning on first violation. Upon a first violation of this chapter, the law enforcement officer shall issue a warning citation to the minor that does not include a fine or penalty advising the minor of the consequences of a second violation.

(2) Notification to parents on first violation. Upon a first violation of this chapter, the parents or guardians will be mailed a warning notification of their potential liability for a second violation, which the parents are required to sign and return. The notification shall include a space for the explanation of any circumstances relevant to why the parent or guardian shall not be held responsible for the violation and any future costs for subsequent violations. The City may, but is not required, to meet with the parents to discuss the violation.

(3) Invoice. Upon a second or subsequent violation of this chapter, the city may invoice either or both the minor and the parents and/or the guardian the city's actual administrative and transportation costs for responding to the violation. The invoice shall include a notice of the right to appeal the invoiced costs within fifteen days and shall include instructions on how to file an appeal with the City.

(4) Appeal. A minor, parent or guardian may appeal an invoice sent to them pursuant to this section. The hearing officer on the appeal shall be the city manager, or his or her designee, so long as the designee is not a member of the law enforcement agency that directly incurred the costs or issued the underlying citation. The hearing officer shall consider the validity of the charges and may waive payment of the costs upon finding good cause. Alternatively, the hearing officer may, but is not required to, waive or reduce the costs, upon finding that (i) the parent or guardian has made a reasonable effort to exercise supervision and control over the minor, (ii) the minor and parent or guardian is unable to pay the costs, (iii) the minor and/or parent or guardian has agreed to do community service in lieu of paying the costs, or (iv) the parent or guardian has limited physical or legal custody and control of the minor. The hearing officer shall issue a notice to the appellant of his or her decision within ten days of the hearing.

D. Payment. The person invoiced costs under this section shall pay within thirty days of receiving the invoice, or if the invoice is appealed, within thirty days of the issuance of the hearing officer's notice of decision upholding all or part of the costs in the invoice. The city shall be entitled to interest at legal rate for any late payments.

E. Collection. The city may use all administrative and legal procedures and remedies available in this code and at law to collect unpaid invoices.

F. Cumulative Remedies. The remedy in this section is cumulative and does not preclude other remedies under the code or other State, federal and local laws. Nothing herein shall preclude the city from seeking other legal or equitable remedies available to it by law.

(Ord. No. 14-843, § 1, 5-27-2014)