Huron Municipal Code Ch. 9.20 Curfew

In this chapter, unless the context otherwise requires:

"Expense of a police response" means the costs incurred by the City in responding directly to a loud or unruly assemblage. It includes the cost of providing police, fire fighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to the City property, injuries to City personnel, and transporting minors to a parental pickup station.

"Loud or unruly assemblage" means the presence of two or more persons who:

1. Unlawfully fight;

2. Maliciously or wilfully disturb another person by loud and unreasonable noise;

3. Use offensive words in a public place which are inherently likely to provoke an immediate violent reaction;

4. Use force or violence, disturb the public peace or threaten to use force or violence accompanied by the ability to carry it out;

5. Assemble and act together to urge a riot or urge others to commit acts of force or violence;

6. Assemble together to do an unlawful act or to do a lawful act in a violent, boisterous or tumultuous manner.

"Parental pick-up station" means the place where minors arrested or detained for violations of this title are delivered to the custody of their parents or guardians.

(Ord. 288 § 2 (part), 1994)

It is unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll, or aimlessly drive or ride 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 between the hours of ten p.m. on any day and sunrise of the immediately following day.

(Ord. 288 § 2 (part), 1994)

(Ord. No. 354, § 1, 3-4-09)

Section 9.20.020 shall not apply when:

(A) The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older;

(B) The minor is on an errand directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older;

(C) The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or

(D) The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

(Ord. No. 354, § 1, 3-4-09)

It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of eight-thirty a.m. to one-thirty p.m. on days when said minor's school is in session. This section does not apply:

(A) When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

(B) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

(C) When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment; or

(D) To any minor who has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school issued, off-campus permit; or

(E) When the minor is exempt by law from compulsory education or compulsory continuation education; or

(F) 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.

(Ord. No. 354, § 1, 3-4-09)

A. Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years who permits such person to violate the provisions of this chapter is guilty of a misdemeanor.

B. It shall be unlawful for any parent, guardian or person having a minor in his or her charge, after receiving notice of the apprehension, arrest or detention of the minor, to fail or neglect to go in person or send some suitable person after the minor so detained.

C. Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) who violates this section and Section 9.20.020 shall be liable for the expense of a police response and the cost of transporting the minor to a parental pickup station. The terms "expense of a police response" and "parental pickup station" shall have the meanings contained in Section 9.20.010.

(Ord. 288 § 2 (part), 1994)

A. In enacting this chapter, the city council intends to exercise the authority it has to recover the expense of responding to a loud or unruly assemblage (see Government Code Section 53158). This chapter is in addition to the authority granted by Government Code Sections 53150 through 53158.

B. The City may elect to proceed under either enactment where both apply.

(Ord. 288 § 2 (part), 1994)

A person who owns or is in control of premises on which a loud or unruly assemblage occurs or from which a loud or unruly assemblage emanates is liable for the expense of a police response.

(Ord. 288 § 2 (part), 1994)

A. The expense of police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardian of the minor are liable.

The charge is a debt and the City may collect the debt in the same manner as in the case of an obligation under an express or implied contract.

B. The debt bears interest at the rate of nine (9) percent a year. Interest accrues from the due date stated on the billing.

(Ord. 288 § 2 (part), 1994)

The liability under this chapter for the expense of a police response may not exceed one thousand dollars ($1,000.00).

(Ord. 288 § 2 (part), 1994)

The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.

(Ord. 288 § 2 (part), 1994)