Fort Jones Municipal Code Ch. 9.08 Curfew for Minors

(a) For purposes of this chapter, a minor is any person under the age of 18 years.

(b) No person under 18 years of age shall remain, loiter, idle, wander, stroll, or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place within the town between the hours 10:00 p.m. and 6:00 a.m.

(Code 1987, § 9.08.010; Ord. No. 2021-7, 10-11-2021)

(a) Any minor may be stopped and questioned by any law enforcement officer. If, in the judgment of the officer, it is for the best interests of such minor or the community, the minor may be detained. However, a warning citation shall be issued to the minor and immediate efforts shall be made to communicate with the parents or persons having the custody, care, or control of such minor, and he shall be released, providing no crime has been committed, or suspected of being committed, by such minor to the parent or adult persons having custody, care or control of the minor, unless the parent or person is deemed unfit to assume responsible control and custody of the minor.

(b) If the parent or person having the care, custody, or control of the minor is deemed so unfit, or is proven unable to exercise custody and control of the minor, the officer must contact the county child protective services, and will detain the minor until a representative of that office arrives to take custody of the minor.

(c) If a crime has been committed, or suspected of being committed, the minor may be detained and taken to a juvenile facility.

(d) A copy of the citation, including consequences of a second violation, shall be mailed to the parent or legal guardian, notifying the parent or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification.

(Code 1987, § 9.08.020; Ord. No. 2021-7, 10-11-2021)

The curfew imposed of this section shall not be applicable in the following circumstances:

(1) When the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

(2) 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;

(3) When the minor is returning directly home from a meeting, entertainment, recreational activity or dance;

(4) When the presence of the minor is connected with his employment or business; or

(5) When the minor has written permission of his parent or guardian to be out at such hour, such written permission to bear date when such permission is granted. A separate note of permission shall be drawn for each separate night that permission is granted. A general permission covering all times shall not be deemed a compliance with the provisions of this chapter.

(Code 1987, § 9.08.030; Ord. No. 2021-7, 10-11-2021)

When any minor is found to have been issued multiple citations of the provisions of this chapter, and law enforcement has notified the parents or legal guardians of these citations, it shall be presumed that the parents or legal guardians having the care and custody of the minor assisted, aided and abetted the minor in the violation of the provisions of this chapter.

(Code 1987, § 9.08.050; Ord. No. 2021-7, 10-11-2021)

When a presumption arises that a minor has violated the provisions of this chapter with the aid and assistance of the minor's parents or legal guardians, law enforcement will then issue a citation and may submit charges to the district attorney's office to determine whether the parents or legal guardians should be charged with an infraction for violation of this chapter.

(Code 1987, § 9.08.060; Ord. No. 2021-7, 10-11-2021)

A minor violating the provisions of this chapter, or any person aiding, assisting or abetting any minor to violate the provisions of this chapter shall be guilty of an infraction. An adult convicted of violating this chapter shall be guilty of an infraction and subject to punishment upon conviction by a fine as set forth in Government Code § 36900(b).

(Code 1987, §§ 9.08.070, 9.08.080; Ord. No. 2021-7, 10-11-2021)