Hawaiian Gardens Municipal Code Ch. 9.56 Minor's Curfew

A. The City, pursuant to the police power delegated to it by the Constitution of the State of California, has the authority to enact legislation, including reasonable curfew ordinances, when the potential exists for jeopardy to the public health, safety and general welfare of its residents.

B. The City Council has determined that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 18 in the City of Hawaiian Gardens, most of which occurs after dark.

C. The crimes committed by juveniles include serious offenses such as murders, drive-by shootings, robberies, burglaries, drug related crimes and other gang-related activity.

D. Persons under the age of 18 are particularly susceptible to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime because their lack of maturity impairs their ability to make reasoned judgments, resist peer pressure and understand the consequences of their behavior; therefore application of a curfew to minors but not adults is reasonably justified.

E. The City has an obligation to protect minors from each other and from other persons; to encourage parents and legal guardians to exercise reasonable care, supervision and control over their minor children so as to prevent them from committing unlawful acts; to protect the general public; and to reduce the incidence of juvenile criminal activities and juvenile delinquent activities.

F. A reasonable curfew for those under the age of 18 will be in the interest of the public health, safety and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the residents of the City.

(Ord. 521 § 1, 2008)

As used in this chapter, the following words and phrases shall have the following meanings, unless the context clearly provides otherwise:

Direct route means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way, other than a traffic stop.

Emergency means an unforeseen circumstance that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident.

Guardian means a person who is a court-appointed guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court; or a legal spouse over 17 years of age.

Minor means any person under 18 years of age, not otherwise legally emancipated.

Parent means a person who is: a natural parent, adoptive parent, or step-parent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any street, alley, highway, playground, park, plaza, the common areas of schools, hospitals, apartment houses, office buildings, theaters, shops, or other place to which the public or a substantial part of the public has access. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curb, sidewalk, whether paved or unpaved, parkway and medians.

(Ord. 521 § 1, 2008)

During any of the times stated below, it shall be unlawful for any minor to be present in a public place, whether on foot or in any conveyance being driven or parked. The times during which such presence shall be unlawful are:

10:00 p.m. on any day until 6:00 a.m. of the following day.

(Ord. 521 § 1, 2008)

It shall not be a violation of this chapter if a minor is:

A. Accompanied by a parent or guardian; or

B. Engaged in a business or occupation which the laws of this State authorize a minor to perform, or on a direct route going to or returning home from said business or occupation; or

C. On a direct route for an errand at the direction of the minor's parent or guardian; or

D. In a motor vehicle involved in interstate travel; or

E. Involved in an emergency; or

F. On the sidewalk abutting the minor's residence or the residence of a next-door neighbor, if the neighbor has not asked the minor to leave; or

G. Attending an official school, religious, or other recreational activity supervised by persons over 18 years of age and sponsored by the City of Hawaiian Gardens, a civic organization or other similar entity, or on a direct route going to or returning home from said activity; or

H. Exercising First Amendment rights protected by the U.S. Constitution.

(Ord. 521 § 1, 2008)

The City resolves to implement the provisions of Welfare and Institutions Code Section 625.5 and any amendments thereto, including that provision authorizing collection of a fee for the actual costs of administrative and transportation services for the return of a minor to his or her residence, or to the custody of his or her parents or guardian.

(Ord. 521 § 1, 2008)