Fullerton Municipal Code Ch. 7.20 Nighttime Curfew for Minors

(A) (1) The provisions of this chapter are adopted in accordance with the authority granted to the city under the police power delegated to it by the Constitution of the state. Said police power provides the city with the authority to react when the potential exists for jeopardy to the public health, safety and general welfare of its citizens.

(2) The city is concerned with the level of juvenile violence, juvenile gang activity and juvenile crime in the city. The crimes being committed by juveniles include serious offenses such as murders, drive-by shootings, drag-related crimes and other gang-related activities. Moreover, juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. In addition, recent local, state and national statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours.

(B) Based on the foregoing, the city believes that having an enforceable juvenile curfew ordinance is critical to preserving public health, safety and welfare.

(Ord. 2915, passed - -1997)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Fullerton, a municipal corporation created under the laws of the state.

CURFEW HOURS. The period from 10:00 p.m. at night until 6:00 a.m. the following day.

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

ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN.

(1) A person who, under court order, is the guardian of the minor; or

(2) A public or private agency with whom a minor has been placed by the court.

MINOR. Any person under 18 years of age.

OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT. A person who is a natural parent, adoptive parent or step-parent of another person.

PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

REMAIN. To linger, stay or be present; or fail to leave the premises when requested to do so by a peace officer or the owner, operator or an employee of an establishment.

RESPONSIBLE ADULT. A person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

(Ord. 2915, passed - -1997)

(A) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(B) It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(C) It is unlawful for any owner, operator or employee of an establishment to knowingly allow a minor to remain in or upon the premises of an establishment within the city during curfew hours.

(Ord. 2915, passed - -1997)

(A) It is a defense to prosecution under § 7.20.030 that the minor was:

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

(2) On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without detour or delay;

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

(4) Engaged in an employment activity, or going to or returning home from an employment activity, without detour or delay;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor’s residence, provided that the minor is not violating any law;

(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from such an activity, without detour or delay;

(8) Exercising First Amendment rights protected by the United States Constitution; or

(9) Emancipated pursuant to law.

(B) In addition to those defenses provided in division (A) above, it is a defense to prosecution under § 7.20.030(C) that the owner, operator or employee of an establishment promptly notified the City Police Department of the fact that a minor was present on the premises of an establishment within the city during curfew hours and refused to leave said establishment after first being asked to leave.

(Ord. 2915, passed - -1997)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under § 7.20.040 is present or applicable.

(Ord. 2915, passed - -1997)

A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed. Any person who violates the provisions of § 7.20.030 shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure as provided by applicable state law.

(Ord. 2915, passed - -1997)