Hercules Municipal Code § 4-4.201 Purpose and Intent—Nighttime Curfew

The purpose of this Article is to provide uniform guidelines to regulate the activity for youth during certain nighttime hours and create a safer environment for the young people of the City. The City Council of the City of Hercules finds that:

(a) The personality of a community changes during the nighttime hours, particularly after 10:00 p.m. Many areas that are normally considered safe, during the daylight and early evening hours, become hazardous during the nighttime hours.

(b) Persons under the age of eighteen (18) may be particularly susceptible, by way of their lack of maturity and experience, to become involved in crimes, either as victims or suspects.

(c) Crimes committed against persons under the age of eighteen (18), between the hours of 10:00 p.m. and 5:00 a.m., are increasing.

(d) Crimes committed by persons under the age of eighteen (18), during the hours of 10:00 p.m. and 5:00 a.m., are increasing.

(e) It is necessary to provide an enforcement tool which will assist in providing protection for the youth of the City, during certain nighttime hours, by:

(1) Reducing the likelihood that youth will become victims of criminal activity;

(2) Reducing the likelihood that youth will become suspects of criminal activity;

(3) Aiding parents and guardians in carrying out their responsibility to exercise supervision of the youth entrusted to their care.

(Ord. 439 § 1 (part), 2008)

(a) It is unlawful for a youth to remain in any public place within the City between the hours of 10:00 p.m. and 5:00 a.m.

(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 between the hours of 10:00 p.m. and 5:00 a.m.

(c) No person employed by or having control of any cafe, tavern, restaurant, bar, drive-in, public dance, or place of public amusement shall serve or permit the use of the facilities thereof to any minor not accompanied by a parent, guardian, or other adult person having the legal care and custody of the minor between the hours of 10:00 p.m. and 5:00 a.m.

(Ord. 439 § 1 (part), 2008)

It shall be permissible for a youth to remain in a public place within the City between the hours of 10:00 p.m. and 5:00 a.m. under the following circumstances:

(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, or other travel not in violation of the City's youth protection ordinance;

(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 the youth's residence or abutting the residence of a next door neighbor, if the neighbor did not complain to the Police Department about the youth's presence;

(g) When the youth is attending an official school, religious, recreational or social activity, such as a movie, play, dance 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 the California Family Code Section 7000;

(j) When the youth is waiting at an officially designated bus stop or other transit provider stop, during the hours that those modes of transportation function.

(Ord. 439 § 1 (part), 2008)

(a) Any youth who violates the provisions of this Article shall be subject to the following penalties and punishment:

(1) Upon a conviction for a first violation of this Article after the youth receives a warning citation as required by California Welfare and Institutions Code Section 625.5(d), the youth shall pay a fine of fifty dollars ($50.00).

(2) Upon a conviction of violating this Article within one (1) year after conviction for the first violation, the youth shall pay a fine of one hundred dollars ($100.00).

(3) Upon a conviction of violating this Article within one (1) year after the conviction for the second violation, the youth shall pay a fine of two hundred dollars ($200.00).

(4) Any youth who violates the provisions of this Article a fourth time shall be guilty of a misdemeanor and subject to the provisions of Chapter 2 of Division 2 of the Welfare and Institutions Code of the State of California.

(b) Any parent, guardian or other person over the age of eighteen (18) years who knowingly assists, aids, abets, permits or encourages any youth to violate the provisions of this Article shall be guilty of a misdemeanor.

(Ord. 439 § 1 (part), 2008)