Huntington Park Municipal Code Ch. 10 Juvenile Curfew

Note: Prior history: Ords. 1029, 1624, 565-NS and 572-NS.

(a) Definitions.

"Curfew hours"

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

"Emergency"

means an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment"

means any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or recreation.

"Guardian"

means:

(i)

A person who, under court order, is the guardian of the person of a minor;

(ii)

A public or private agency with whom a minor has been placed by a court; or

(iii)

A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Minor"

means any person under 18 years of age.

"Parent"

means a person who is a natural parent, adoptive parent, or step-parent of a minor.

"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.

"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.

(b) Offenses

(1) A minor commits an offense by being present in any public place or on the premises of any establishment within the city during nighttime curfew hours.

(2) A parent or guardian of a minor commits an offense by knowingly permitting, or by insufficient control allowing, the minor to be present in any public place or on the premises of any establishment within the city during nighttime curfew hours.

(c) Defenses. It is a defense to prosecution under subsection (b) that the 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;

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

(4) Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

(5) Acting in response to an emergency;

(6) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(7) Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning directly home from, without detour or stop, an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution as it pertains to minors, such as the free exercise of religion, freedom of speech, and the right of assembly, but subject to all other applicable laws, rules, and regulations; or

(9) Emancipated in accordance with applicable state law.

(d) Enforcement. Before taking action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. 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 subsection (c) is present or applicable.

(§ 2, Ord. 635-NS, eff. Dec. 1, 1999, as amended by § 1, Ord. 707-NS, eff. Sept. 18, 2003)

(a) Definitions.

"Daytime curfew hours"

means 8:30 a.m. until 1:30 p.m. on any day when said minor's school is in session.

"Emergency"

means an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment"

means any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or recreation.

"Guardian"

means:

(i)

A person who, under court order, is the guardian of the person of a minor;

(ii)

A public or private agency with whom a minor has been placed by a court; or

(iii)

A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Minor"

means any person under 18 years of age.

"Parent"

means a person who is a natural parent, adoptive parent, or step-parent of a minor.

"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.

"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.

(b) It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to be absent from school and found in a public place, as defined in subsection (a) of this section, unless the minor has one of the valid excuses specified in subsection (d) of this section.

(c) For purposes of subsection (b) of this section, a minor is absent from school and found in a public place if the minor is found loitering, idling, wandering, strolling, playing, or aimlessly driving or riding about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, or any place open to the public between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when the minor's school is in session.

(d) The provisions of subsection (b) of this section shall not apply when:

(1) The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor, which excuse provides a reasonable explanation, as determined by the court, for the minor's absence from school;

(2) The minor is accompanied by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor;

(3) The minor is on an emergency errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having legal care or custody of the minor;

(4) The minor is doing directly to, or returning directly from, a medical appointment;

(5) The minor has permission to leave school campus and has in his or her possession a valid, school issued, offcampus permit;

(6) The minor is going, directly to, or returning, directly from, a public meeting or a place of entertainment, such as a movie, play, sporting event, dance or school activity provided the meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor's school;

(7) The presence of the minor in such place or places is connected with, or required by, a school-approved or school-related business, trade, profession or occupation in which the minor is lawfully engaged; or

(8) The minor is exempt by law from compulsory education or compulsory continuing education.

(e) Violation of subsection (a) of this section shall constitute an infraction punishable by a fine as set forth in subsection (d) of section 1-2.01 of this Code; provided, however, the court may set aside the fine, or any portion thereof, if the fine is based on the minor's first infraction under this section and the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1) The minor has had no unexcused absences from school; and

(2) The minor has performed 10 hours of court-approved community service during times other than the minor's hours of school attendance; or

(3) The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor has or have attended a parenting class or a series of parenting classes approved by the court.

(f) Enforcement. Before taking action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during daytime curfew hours. 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 subsection (d) is present or applicable.

(g) A minor cited for an infraction under Section 5-10.02 of this Code must attend a court hearing on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor. If any such parental or custodial person fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to the parental or custodial person directing that person to appear at the continued hearing with the minor.

(h) Determination by Court. When, based on a finding of civil liability or criminal conviction for the violation of daytime curfew hours as described in this section, a minor under 18 years of age is detained for a period of time in excess of one hour, which required the supervision of the juvenile offender by personnel of the Huntington Park Police Department, the parent(s), legal guardian(s), or other adult person(s), having the legal care or custody of the minor, shall be jointly and severally liable for the cost of providing such personnel over and above the detention, processing and supervision services normally provided by said department.

(i) Determination by Chief of Police. As determined by the Chief of Police or his or her designee, the parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of a minor who has committed any public offense as described in subsection (a) of this section, may be assessed, and billed for, the cost of providing the personnel for the services relating to the detention, processing and supervision of the minor.

(j) Appeal. Any person wishing to appeal a bill for police services pursuant to this section must, within 15 days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding such billing shall be heard by the City Manager, or designee, as the Hearing Officer. Within 10 days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. Upon the request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the Hearing Officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the Hearing Officer.

(§ 1, Ord. 707-NS, eff. Sept. 18, 2003)