Grass Valley Municipal Code Ch. 9.16 Offenses by or Against Minors

On June 9, 1997, the United States Court of Appeals for the Ninth Circuit issued its decision in Nunez v. City of San Diego, 114 F.3d 935. The court struck down a curfew ordinance that is almost identical in content with the present curfew ordinance of the city; this despite the fact that the federal district court and state courts had earlier found the ordinance constitutionally acceptable.

The city council, mindful of the balance of the fundamental Constitutional rights of minors, their parents and the people as enunciated by the court in Nunez, adopts a new ordinance which is more in keeping with the court's decision.

(Ord. 554 § 2 (part), 1997)

"Curfew hours" means that period of time from ten p.m. any evening until five a.m. the following day.

"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, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment" means any private-owned place of business operated for a profit which the public is invited, including but not limited to, any place of amusement or entertainment.

"Guardian" means:

1. A person who, under court order, is the guardian of the person of a minor; or

2. A public or private agency with whom a minor has been placed by a court of record.

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

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

"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, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Responsible adult" means a person at least eighteen years of age, authorized by a parent to have the care and custody of a minor.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement to protracted loss or impairment of the function of any bodily member or organ.

(Ord. 554 § 2 (part), 1997)

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

C. It shall be a defense to prosecution under subsection A or B of this section 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 any detour or stop;

3. In a motor vehicle involved in interstate travel;

4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

5. Involved in an emergency;

6. On the sidewalk abutting the minor's residence;

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, without any detour or stop, 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;

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

9. Emancipated pursuant to law.

D. Before taking any enforcement action under this section, a police officer shall ask the suspected offender his or her age and the 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 for a violation of this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense as enumerated herein is present or applicable.

(Ord. 554 § 2 (part), 1997)

A first, second and third violation of this chapter within a twelve-month period shall be guilty of an infraction punishable under Chapter 1.12 of this Code. A fourth and subsequent violation within any twelve-month period shall be punished as a misdemeanor punishable under Chapter 1.12 of this Code.

(Ord. 554 § 2 (part), 1997; Ord. No. 791, § 1, 9-26-2017)