Hillsborough Municipal Code Ch. 9.76 Curfew

The city council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children, and the town's desire to protect youth by decreasing the opportunity for criminal nocturnal activity. The town recognizes a compelling interest in exercising its police power to preserve the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours.

(Ord. 602 § 2 (part), 1999)

The following words and phrases whenever used in this chapter, shall be construed as defined in this section:

A. "Curfew hours" means ten p.m. on any day until six a.m. of the following day.

B. "Emergency" means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.

C. "Guardian" means (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 a court.

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

E. "Parent" means a person who is (1) a natural parent, adoptive parent or stepparent of another person; or (2) at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

F. "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, sidewalks, alleyways, highways, private residences left open to the public without the presence of adult supervision, and the common areas of schools, parks, playgrounds and vacant lots.

G. "Remain" means to (1) linger or stay, whether on foot or in a vehicle; or (2) fail to leave premises when requested to do so by a police officer or the owner or person in control of the premises.

(Ord. 602 § 2 (part), 1999)

A. It is unlawful for a minor to remain in any public place within the town during curfew hours, except as provided in this chapter.

B. It is unlawful for a parent or guardian knowingly to permit, or by insufficient control allow, the minor to remain in any public place within the town during curfew hours.

(Ord. 602 § 2 (part), 1999)

The activities prohibited by Section 9.76.030 of this chapter shall not be unlawful in any of the following circumstances:

A. When the minor is accompanied by the minor's parent or guardian;

B. When the minor is on an errand at the direction of the minor's parent or guardian, without any detour or delay;

C. When the minor is in a motor vehicle involved in intrastate or interstate travel;

D. When the minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or delay;

E. When the minor is involved in an emergency;

F. When the minor is going to, or returning home from, a private residence at which the minor was invited, without any detour or delay;

G. When the minor is attending an official school, religious, recreational, educational, social or other organized activity sponsored by the town, school district or other private civic or religious organization that supervises the activity, or when the minor is going to or returning from such activity without any detour or delay;

H. When the minor is married or has been emancipated in accordance with California Family Code Section 7000, et seq., as the same may be revised from time to time; or

I. When the minor is exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech and the right of peaceful assembly.

(Ord. 602 § 2 (part), 1999)

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. The officer shall not issue a citation or make an arrest pursuant to this chapter unless the officer reasonably believes that an offense has occurred as provided in this chapter.

(Ord. 602 § 2 (part), 1999)

Any person who violates any provision of this chapter shall be guilty of an infraction for the first violation during any given year. Any person who violates any of the provisions of this chapter for the second, third or more time within any twelve-month period shall be guilty of a misdemeanor.

(Ord. 602 § 2 (part), 1999)