Humboldt County Municipal Code Ch. 1 Minor’s Curfew

Sections: Hours of Curfew for Minors Under Eighteen (18) Years. Curfew for Minors Under Sixteen (16) Years. Minors Accompanied by Parent, Guardian or Custodian. Exceptions. Penalty.

921-1. Hours of Curfew for Minors Under Eighteen (18) Years. It shall be unlawful for any minor person under the age of eighteen (18) years to loiter, loaf, congregate or to be present at or to be upon any public street, way square, park, place, building or at or in any place of business, public dance hall, or other place designated for the accommodation of the public between the hours of 11:00 p.m. of one day and 5:00 a.m. of the following day. Any person who has not attained his/her eighteenth birthday shall be deemed to be under the age of eighteen (18) years. (Ord. 304, § 1, 4/6/1953) 921-2. Curfew for Minors Under Sixteen (16) Years. It shall be unlawful for any minor person under the age of sixteen (16) years to loiter, congregate or to be present at or to be upon any public street, way, square, park, place, building or at or in any place of business, public dance hall, or other place designated for the accommodation of the public between the hours of 10:00 p.m. of one day and 5:00 a.m. of the following day. Any person who has not attained his/her sixteenth birthday shall be deemed to be under the age of sixteen (16) years. (Ord. 304, § 1, 4/6/1953) 921-3. Minors Accompanied by Parent, Guardian or Custodian. The provisions of §§ 921-1 and 921-2 hereof shall not apply to any minor who at the time mentioned in §§ 921-1 and 921-2 is accompanied by his/her parent, guardian or other adult having the lawful custody of such minor. (Ord. 304, § 1, 4/6/1953) 921-4. Exceptions. (a) Theaters and Places of Supervised Entertainment. The provisions of §§ 921-1 and 921-2 hereof shall not be deemed to apply to the following places, to wit: public theaters and places where supervised entertainment or play or instruction for minors under the age of eighteen (18) is conducted; provided, however, that this exception shall apply only to minors who are in attendance at such theaters or places for the purpose of attending the entertainment, supervised entertainment, play or instruction thereby afforded. (Ord. 304, § 1, 4/6/1953) (b) Travel to and From Places of Entertainment. The provisions of §§ 921-1 and 921-2 hereof shall not apply to any minor while engaged in going to or returning from, in direct route, the places mentioned in § 921-4 hereof and his/ her home or other place of abode; provided however, in the event such minor stops, loiters, loafs, congregates or deviates from such direct route this exception shall not apply and the provisions of §§ 921-1 and 921-2 hereof shall then apply. (Ord. 304, § 5, 4/6/1953) (c) Travel to and From Place of Employment. The provisions of §§ 921-1 and 921-2 hereof shall not apply to any minor who is lawfully employed, or to such a minor while engaged in going to or returning from his/her place of employment in a direct route between such a place of employment and his place of abode. (Ord. 304, § 6, 4/6/ 1953)

921-11. Penalty. (a) The provisions of § 625.5(c) of the Welfare and Institutions Code indicate that except as provided in subdivision (d), law enforcement personnel are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of this ordinance and to transport that minor to his or her place of permanent or temporary residence within the state, whether the place of residence is located within or without the jurisdiction of the governing body, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance. (Ord. 2308, § 17, 9/23/2003) (b) The provisions of § 625.5(d) of the Welfare and Institutions Code indicate that upon the first violation of this ordinance, the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violationof the ordinance. A designated representative of the governmental entity issuing the citation shall mail to the parents of the minor or legal guardian a notification that states that upon a second violation, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by subdivision of Welfare and Institutions Code § 625.5(e). This explanation shall be reviewed by a representative of the governmental entity that issued the citation and notification. If the explanation is found to be insufficient, the representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption. (Ord. 2308, § 17, 9/23/2003) (c) The provisions of § 625.5(e) of the Welfare and Institutions Code indicate that a fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the governmental entity issuing the citation shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his or her parents, or legal guardian, upon a finding of good cause. If authorized by the governing body, the city, county, or city and county may charge this fee, in which case the city, county, or city and county may (1) provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor, (2) provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor the parents or legal guardian has the ability to pay the fee, (3) provide for the performance of the community service in lieu of imposition of the fee, and (4) provide for waiver of payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian has limited physical or legal custody and control of the minor. (Ord. 2308, § 17, 9/23/2003) (d) The provisions of § 625.5(f) of the Welfare and Institutions Code indicate that in a civil action commenced by a city, county, or city and county to collect the fee, a court may waive payment of the fee by the minor, his or her parents, or legal guardian, upon a finding of good cause. (Ord. 2308, § 17, 9/23/2003)

Chapter 1 – § 931-1. § 931-2.