Kern County Municipal Code Ch. 9.28 Curfew for Minors

The Kern County board of supervisors finds that there is a severe and increasing problem with vandalism, usage of drugs and alcohol, public disturbances, violence, "drive-by" shootings, and other crimes fostered and committed by and against juveniles and juvenile street gangs roaming the streets and loitering in public places during late night and early morning hours and that a regulatory measure in the form of a reasonable curfew on minors prohibiting loitering and roaming will enhance the ability of law enforcement officers to control this problem, thereby fostering the safety and welfare of juveniles and the general public.

(Ord. G-5675 § 2 (part), 1991)

A. It shall be unlawful for any unemancipated minor to loiter or wander in or upon the public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public businesses, or to roam the public streets, alleys, roads or highways in or on a motor vehicle between the hours of ten (10:00) p.m. and five (5:00) a.m. on the day immediately following.

B. The provisions of subsection (A) of this section shall not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care, custody, control or charge of the minor. The terms "loiter," "wander" and "roam" do not and should not be construed to mean or prohibit the following: proceeding directly to or from work, allowing for incidental stops such as at an eating establishment; attending a church or school related activity, entertainment, recreational or civic activity; proceeding directly home or to other place of residence from a church or school related activity, entertainment, recreational or civic activity, allowing for incidental stops such as at an eating establishment or to drop someone off; or proceeding on an emergency errand for a parent, guardian or other adult person having the care, custody, control or charge of the minor.

C. As used in this section, the following terms shall have the following meanings. The term "other adult person" shall mean a person not less than twenty-one (21) years of age. The term "emancipated" shall have the meaning set forth in California Civil Code Section 62. The term "motor vehicle" shall have the meaning set forth in California Vehicle Code Section 415. The term "roam" shall mean to travel in or on a motor vehicle circuitously or without consistent direction. The term "loiter" shall mean to idly remain or linger at a fixed location either within or outside of a motor vehicle and includes idly remaining or lingering at a place of business open to the public after completing the activity for which the business is open to the public. The term "wander" shall mean to move about other than by means of a motor vehicle circuitously or without a consistent direction. This chapter shall not give any peace officer independent authority to detain any person unless the officer is able to articulate facts creating a reasonable belief such person was roaming, loitering or wandering as defined in this chapter.

(Ord. G-5675 § 2 (part), 1991)

Violation of this chapter shall constitute an infraction and shall be punishable by a fine of not more than one hundred dollars ($100.00) in the discretion of the juvenile court under Welfare and Institutions Code Section 601.

(Ord. G-5675 § 2 (part), 1991)