Firebaugh Municipal Code § 3-2 Curfew for Minors

[Ord. #94-2, S1]

a. It shall be unlawful for any minor under the age of 18 years, to loiter, idle, water, stroll, or play in or upon the public street, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places between the hours of 10:00 p.m. and daylight immediately following; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parents, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor, or when the minor is returning directly home from a meeting, entertainment or recreational activity directed, supervised or sponsored by the local educational authorities or when the presence of such minor in said place or places is connected with and required by some legitimate business, trade, profession or occupation in which the minor is lawfully engaged.

b. Any minor under the age of 18 years found in violation of this subsection shall be immediately apprehended and taken to the proper detention place or parental pickup station for minors and there detained until the arrival of the parent, guardian or proper person to care for said minor.

[Ord. #99, S2; Ord. #94-2, S2]

a. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years, to permit or allow such minor to loiter, idle, wander, stroll or play in or upon the public streets, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of 10:00 p.m. and daylight immediately following contrary to the provisions of subsection 3-2.1a.

b. It shall be unlawful for any parent, guardian or person having a minor in his or her charge, after receiving notice of the apprehension, arrest or detention of said minor, to fail or neglect to go in person or send some suitable person after said minor so detained.

c. Every parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years who violates subsections 3-2.1, 3-2.4, 3-11, or fails to fulfill the duty imposed by subsections 3-2.4c or 3-2.4d, shall be liable for the expense of a police response and the cost of transporting the minor to a parental pickup station. The terms "expense of a Police Response" and "Parental Pickup Station" shall have the meanings contained in subsection 3-2.4b3.

[Ord. #99, S3 and 5; Ord. #94-2, S2]

Any minor violating the provisions of subsection 3-2.1 shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.

Any parent, guardian or other adult person having the care and custody of a minor violating subsection 3-2.2 shall be guilty of a misdemeanor, and upon conviction thereof shall be liable for the penalty stated in chapter 1, section 1-5.

It is the intention of the City Council that each separate provision of this section shall be deemed independent of all other provisions herein.

[Ord. #94-2, S3]

a. Intent. In enacting this section, the City Council intends to exercise the authority it has to recover the expense of responding to a loud or unruly assemblage (see Government Code section 53158). This section is in addition to the authority granted by Government Code sections 53150-53158.

The City may elect to proceed under either enactment where both apply.

b. Definitions. In this section, unless the context otherwise requires:

1. EXPENSE OF A POLICE RESPONSE – means the costs incurred by the City in responding directly to a loud or unruly assemblage. It includes the cost of providing police, firefighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to City property, injuries of City personnel, and transporting minors to a parental pickup station.

2. LOUD OR UNRULY ASSEMBLAGE – means the presence of two or more persons who:

(a) Unlawfully fight;

(b) Maliciously or willfully disturb another person by loud and unreasonable noise;

(c) Use offensive words in a public place which are inherently likely to provoke an immediate violent reaction;

(d) Use force or violence, disturb the public peace or threaten to use force or violence accompanied by the ability to carry it out;

(e) Assemble and act together to urge a riot or urge others to commit acts of force or violence;

(f) Assemble together to do an unlawful act or to do a lawful act in a violent, boisterous or tumultuous manner; or

(g) Assemble together and violate the provisions of subsection 3-2.1 or 3-1.1 of this title.

3. PARENTAL PICKUP STATION – means the place where minors arrested or detained for violations of this title are delivered to the custody of their parents or guardians.

c. Liability for City expense incurred in response to loud or unruly assemblage. A person who owns or is in control of premises and who knowingly permits a loud or unruly assemblage to occur or from which a loud or unruly assemblage emanates is liable for the expense of a police response.

d. Charge against person liable - Minors. The expense of a police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardians of the minor are liable.

The charge is a debt and the City may collect the debt in the same manner as in the case of an obligation under an express or implied contract.

e. Limit on liability. The liability under this chapter for the expense of a police response may not exceed $1,000.

f. Evidence not admissible in criminal proceedings. The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.