Fremont Municipal Code Art. I Night Time Youth Protection

For the purposes of this article, unless otherwise apparent from the context, the following words and phrases shall have the following meanings:

(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, a fire, a natural disaster, an 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 the person of a minor, or:

(1) A public or private agency with whom a youth has been placed by a court; or

(2) A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a youth.

(c) “Loiter” means to stand idly about, to linger aimlessly, to delay an activity with aimless idle stops and pauses, to hang around, or to lag behind.

(d) “Night time youth protection ordinance hours” means 10:00 p.m. until 5:00 a.m. every night of the week.

(e) “Official warning” means documentation that the youth, parent, or guardian has been contacted, detained, or counseled. Such warnings shall include a statement describing the consequences of a second or subsequent violation of this chapter including civil penalties and costs.

(f) “Parent” means a person who is a natural parent, adoptive parent, or stepparent of another person.

(g) “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, streets, sidewalks, highways, private residences left open to the public without the presence of a parent or guardian as a supervisor, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, malls, eating establishments, shopping centers and parking lots.

(h) “Remain” means to linger or stay, whether on foot or in a vehicle; or fail to leave the premises when requested to do so by a police officer or the owner, operator, or person in control of the premises.

(i) “Third party” means any person or legal entity having possession, control, supervision, or responsibility for a public place.

(j) “Youth” means any person under 18 years of age and is synonymous with the term “minor” or “juvenile.” (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 2, 6-27-06. 1990 Code § 3-16100.)

(a) It is unlawful for a youth to loiter or remain in any public place within the city during the night time youth protection ordinance hours, other than as permitted in Section 9.45.030;

(b) It is unlawful for a parent or guardian of a youth to knowingly permit or, by insufficient control, allow the youth to remain in any public place within the city during the night time youth protection ordinance hours other than as permitted in Section 9.45.030;

(c) It is unlawful for any third party to knowingly permit or, by insufficient security or control, to allow any youth to remain in such public place during the night time youth protection ordinance hours other than as permitted in Section 9.45.030. (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 3, 6-27-06. 1990 Code § 3-16105.)

This article shall not apply:

(a) When the youth is accompanied by the youth’s parent or guardian;

(b) When the youth is on an errand at the direction of the youth’s parent or guardian, without any detour or stop;

(c) When the youth is in a motor vehicle involved in interstate travel;

(d) When the youth is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(e) When the youth is involved in an emergency;

(f) When the youth is on the sidewalk abutting to the youth’s residence or abutting the residence of a next-door neighbor, if the neighbor has not complained to the police department about the youth’s presence;

(g) When the youth is attending an official school, religious, or recreational activity, such as a movie, play, concert, or sporting event, or going to or returning home from such activity, or inside a commercial establishment actively receiving goods or services;

(h) When the youth is exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion or speech;

(i) When the youth is married, an active member of the United States military, or has been emancipated in accordance with Cal. Fam. Code § 7000;

(j) Waiting at a train station or officially designated bus stop during the hours that those modes of transportation function. (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 2, 6-27-06. 1990 Code § 3-16110.)

When enforcing this article, law enforcement personnel shall observe all the following enforcement guidelines:

(a) Police personnel will not detain youths based upon attire, race, national origin, gender, sexual orientation, or languages spoken;

(b) Officers may temporarily detain any minor upon a determination of reasonable suspicion based on articulable facts that the minor is in violation of this article. Officers shall not take enforcement action under this article unless an officer has determined that no exemption under Section 9.45.030 applies;

(c) Before taking any enforcement action, a police officer shall ask the apparent offender’s age and reason for being in the public place;

(d) Officers believing parents or guardians are in violation of Section 9.45.020 shall evaluate each incident on its own merits without reference to other conduct suspected or known about the parent or guardian;

(e) Officers shall use appropriate discretion and take into account the totality of events;

(f) Upon a first violation of this article by a youth, the enforcement officer shall mail to the parent or guardian of the minor a notification stating that upon a second violation the parent or guardian may be held liable for civil penalties and the actual administrative and transportation costs incurred by the city of Fremont as a result of the youth’s violation of this article. The parent or guardian shall be instructed to sign and return the notification. The notification shall provide a space for the parent or guardian to explain any circumstance relevant to an exemption in this article. The explanation shall be reviewed by the enforcement officer and, if found insufficient, the officer may request a consultation with the parent or guardian to discuss the circumstances claimed to be relevant to any applicable exemption. (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 5, 6-27-06. 1990 Code § 3-16115.)

(a) First Offense (Youth). Unless other offenses are present, any youth who violates this article shall be released to a parent or guardian with an official warning;

(b) Subsequent Offenses (Youth). Repeat offenses by youth may result in referral to the Fremont youth and family counseling service, other community-based service organizations, or Alameda County juvenile probation department;

(c) First Offense (Parent or Guardian). The penalty for a first violation of this article by a parent or guardian shall be an official warning;

(d) Subsequent Offenses (Parent or Guardian). Repeat offenses may be prosecuted under Section 9.45.020(b). Each offense shall be subject to a civil penalty not to exceed $500.00;

(e) First Offense (Third Party). Any third party who violates this article shall receive an official warning for the first violation;

(f) Subsequent Offenses (Third Party). Repeat offenses may be prosecuted under Section 9.45.020(c) and shall be subject to a civil penalty not to exceed $500.00. (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 6, 6-27-06. 1990 Code § 3-16120.)

(a) Under the authority of Cal. Welf. & Inst. Code § 625.5(e), the city manager is authorized to collect from any minor, or a parent or guardian of a minor, determined to be in violation of this article the actual costs of administrative and transportation services incurred for the return of any minor to his or her place of residence or to the custody of his or her parent or guardian;

(b) Any person charged with such fees may petition the city manager for a hearing to contest the validity of the fees charged. The city manager shall arrange for the conduct of a fair hearing within a reasonable time following a request. (Ord. 2156 § 2, 2-27-96; Ord. 12-2006 § 7, 6-27-06. 1990 Code § 3-16125.)