Hemet Municipal Code Ch. 27 Curfew for Minors

Footnotes:

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Editor's note— Ord. No. 1659, § 2, adopted Jan. 8, 2002, added provisions designated §§ 9.78.010—9.78.050. To preserve both the style and the alphabetical sequence of the Code and at the discretion of the editor said provisions were included and redesignated as §§ 27-1—27-5. The original section numbers have been carried in the history notes following each section.

For purposes of this chapter the following terms shall have the following definitions:

(a) Curfew hours means:

(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:30 a.m. of the following day;

(2) 12:01 a.m. until 5:30 a.m. on any Saturday or Sunday; and

(3) 8:30 a.m. until 2:30 p.m. Monday through Friday, except on school holidays and such other days school is not in session.

(b) 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, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) Establishment means 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.

(d) 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.

(e) Minor means any person under 18 years of age.

(f) Operator means 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.

(g) Parent means a person who is:

(1) A natural parent, adoptive parent, or step-parent of another person; or

(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(h) 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.

(i) Remain means to:

(1) Linger or stay; or

(2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

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

(Ord. No. 1659, § 9.78.010, 1-8-02; Ord. No. 1780, § 2(Exh. B), 5-22-07)

A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.

(Ord. No. 1659, § 9.78.020, 1-8-02)

(a) It is a defense to prosecution under section 27-2 in connection with a violation of the darkness curfew hours, as defined in section 27-1(a)(1), (2), that a minor was:

(1) Accompanied by the minor's parent or guardian;

(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop, provided the minor is carrying on his or her person written permission to perform such errand from his or her parent or guardian;

(3) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(4) Involved in an emergency;

(5) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if that neighbor or other neighborhood resident did not complain to the police department about the minor's presence;

(6) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Hemet, a civic or religious organization, or another similar entity, which activity is supervised by at least one adult who is age 18 years of age or older; or going to or returning home from, without any detour or stop, such supervised activity;

(7) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to peaceably assemble;

(8) Emancipated pursuant to law; or

(9) In a motor vehicle involved in interstate travel.

(b) It is a defense to prosecution under section 27-2 in connection with a violation of the daytime curfew hours, as defined in section 27-1(a)(3), that a minor, whose school is in session, was:

(1) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(2) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(3) Involved in an emergency;

(4) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Hemet, a civic or religious organization, or another similar entity, which activity is supervised by at least one adult who is age 18 years of age or older; or going to or returning home from, without any detour or stop, such supervised activity;

(5) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to peaceably assemble;

(6) Emancipated pursuant to law;

(7) In a motor vehicle involved in interstate travel;

(8) The minor has permission to leave campus for lunch or a school-related activity and has in his/her possession a valid, school-issued, off-campus permit or is supervised by school personnel;

(9) The minor is with a parent or guardian or has in his/her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult having the legal care or custody of said minor, which provides a reasonable explanation for the minor's absence from school;

(10) The minor is not subject to compulsory education or to compulsory continuation education pursuant to the California Education Code or when the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law; or

(11) The school which the minor attends is not in session. This defense is not applicable if the minor remains in the public areas in the immediate vicinity of another school which is in session.

(Ord. No. 1659, § 9.78.030, 1-8-02; Ord. No. 1780, § 2(Exh. B), 5-22-07)

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 establishment. 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 response and other circumstances, no defense in section 27-3 is present.

(Ord. No. 1659, § 9.78.040, 1-8-02)

(a) Each violation of section 27-2 of this chapter shall be an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the California Welfare and Institutions Code and each day or part of a day during which the violation is committed, continued, or permitted shall be a separate offense.

(b) Any person convicted of willfully violating this section 27-2 of this chapter is guilty of an infraction punishable by a fine not exceeding $250.00 and/or to perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days, during times other than his/her hours of school attendance or employment.

(c) Notwithstanding any other provisions of this Code, when a person under the age of 18 years is charged with a violation of this chapter, and a peace officer issues a notice to appear in court to that minor pursuant to California Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the California Welfare and Institutions Code.

(Ord. No. 1659, § 9.78.050, 1-8-02)