King City Municipal Code Ch. 7.04 Youth Protection Curfew

Note: Prior ordinance history: Ords. 271, 335 and 578.

The city council hereby finds and determines that as a result of increased youth violence there is an important need to protect the safety and well-being of the city’s youngest citizens, those under the age of eighteen, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities and to being victimized by older perpetrators of crime by decreasing the opportunity for criminal activity, thereby decreasing the danger to the person and/or property of the city’s youth as well as to other individuals’ person and/or property. The city council further finds and determines that reducing youth crime and victimization is a critical governmental interest of the city and recognizes the risks associated with youth who the community believe are being supervised, but who in fact are not. The city council therefore finds that this chapter addresses these concerns by prohibiting the presence of unsupervised youth in public places during the curfew hours.

(Ord. 742 § 2, 2017)

The following definitions shall govern the application and interpretation of the curfew regulations set forth in this chapter.

Nighttime Curfew Hours.

The hours between ten p.m. and 5:00 a.m. of the following day, Pacific Standard or Pacific Daylight Time, for minors.

Daytime Curfew Hours.

The period of the minor’s regular scheduled school hours when school is in session.

Emergency.

An unforeseen combination of circumstances or the resulting state that calls for immediate action. “Emergency” 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.

Errand.

A trip to carry a message or do a definite lawful thing.

Guardian.

(1)

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

(2)

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

(3)

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

Minor.

Any person under eighteen years of age.

Parent.

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

Public Place.

Any place to which the public has access, including, but not limited to, streets, roads, alleys, trails, sidewalks, parks, recreational areas, public grounds or buildings, vacant lots or buildings, common areas of a school (except during regular school hours), office buildings, transport facilities, restaurants, retail establishments, places of amusement, parking lots, or other unsupervised places.

Responsible Adult.

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

(Ord. 742 § 2, 2017)

Except as provided in Section 7.04.040 below:

(1) Nighttime Curfew: It shall be unlawful for any minor who is present in, about, or upon any public place within the city, to remain in any motor vehicle operated or parked on any public place within the city, or to remain in or upon the premises of any establishment within the city during nighttime curfew hours.

(2) Daytime Curfew: It shall be unlawful for any minor who is subject to compulsory education or to compulsory continuation education who is not in possession of a valid, school issued, off-campus permit giving permission to leave campus or not receiving instruction by a qualified tutor pursuant to Education Code Section 48224 or not otherwise exempt from attendance at a public or private full-time day school as set forth in the California Education Code, who is present in, about, or on any public place within the city, to remain in any motor vehicle operated or parked on any public place within the city, or to remain in or upon the premises of any establishment within the city during the daytime curfew hours.

(3) Parents and/or Guardians: Every parent or guardian who allows or permits a minor to violate any provision of this section is guilty of a misdemeanor.

(Ord. 742 § 2, 2017)

The provisions of Section 7.04.030 shall not apply when:

(1) The minor is coming directly home from a public meeting, or a place of public entertainment, such as a movie, play, or sporting event. This exception will apply for one-half hour after completion of the event. This exception shall apply to nighttime curfew only.

(2) The minor is exercising his or her First Amendment rights protected by the United States or California Constitutions. This exception shall apply to nighttime curfew only.

(3) The minor is authorized to be absent from his or her school pursuant to applicable school rules, or under the provisions of the California Educational Code or any applicable state or federal law. This exception shall apply to daytime curfew only.

(4) The minor is engaged in a lawful volunteer activity or legally employed for the period from one-half hour before to one-half hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment, provided the minor carries a written statement from the employer attesting to the place and hours of employment.

(5) The minor is accompanied by his or her parent, guardian or responsible adult.

(6) The minor is on the sidewalk abutting the minor’s residence or abutting the residence which is immediately adjacent to his or her residence.

(7) The minor is engaged in an errand directed by his or her parent or guardian, or by his or her spouse who is eighteen years of age or older.

(8) The minor is attending an official school, religious or other cultural, educational or recreational activity supervised by adults and sponsored by the city of King, a civic organization, or another similar entity or organization that takes responsibility for the minor, or going to or returning home from, without any detour or stop, any official school, religious, or other cultural, educational or recreational activity supervised by adults and sponsored by the city of King, a civic organization, or another similar entity or organization that takes responsibility for the minor.

(9) The minor is responding to or acting pursuant to an emergency.

(10) The minor is in a motor vehicle involved in interstate travel.

(11) The minor is emancipated in accordance with the California Family Code or other state or federal law.

(12) The minor is going to or coming directly from a school-approved or school related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.

(13) The minor is going directly to or from an event or activity that is directly related to any medical condition of a parent, guardian or spouse who is eighteen years or older.

(Ord. 742 § 2, 2017)

A law enforcement officer, upon probable cause based on articulable facts that an individual is in violation of the curfew regulations, shall detain that individual, ascertain whether the individual is a minor, and if so, determine if the minor has a legitimate reason based on the exceptions detailed in Section 7.04.040 for being in apparent violation of the curfew regulations set forth in this chapter. A law enforcement officer may issue a warning to the individual and/or his or her parent(s) or guardian(s) regarding their violation of the regulations set forth in this chapter.

This section shall not be construed to abridge the authority of a police officer to assume temporary custody, during school hours, of any minor subject to compulsory full time education or compulsory continuing education found away from his or her home and who is absent from school without a valid excuse, and return such minor to their school of registration, pursuant to California Education Code Sections 48264 and 48265.

Further, this section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a), or any other provision of the Juvenile Court Law.

(Ord. 742 § 2, 2017)

Violations of the provisions of this chapter shall be considered misdemeanors and are punishable in accordance with Section 1.04.010 of the King City Municipal Code. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.

(Ord. 742 § 2, 2017)

(a) The administrative citation penalty for all violations of this chapter shall be as follows:

(1) First administrative citation: one hundred dollars;

(2) Second administrative citation: two hundred dollars;

(3) Third administrative citation: five hundred dollars; and

(4) Five hundred dollars for each subsequent administrative citation.

(Ord. 742 § 2, 2017)

Any person issued an administrative citation pursuant to this chapter shall file an appeal with the city clerk subject to the procedures set forth within Section 7.51.609 of the King City Municipal Code. Upon receiving a timely appeal, the city clerk shall conduct the appeal pursuant to the procedures set forth within Section 7.51.604 of the King City Municipal Code.

(Ord. 742 § 2, 2017)

Administrative penalties unpaid after the required time set forth in the municipal code, or within fifteen calendar days from the final decision after an appeal, may be collected in any manner set forth within the King City Municipal Code except the city is not required to send an invoice under Section 7.51.704. Interest shall accrue at a rate of ten percent per year on unpaid penalties until paid.

(Ord. 742 § 2, 2017)

Any penalties and/or enforcement costs unpaid after the required time set forth in this chapter may be collected in any matter set forth within the King City Municipal Code. To collect costs under those procedures, the city must send an invoice under Section 7.51.704. Interest shall accrue at a rate of ten percent per year on unpaid costs until paid.

(Ord. 742 § 2, 2017)

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the city attorney’s office for collection. Upon referral of these costs and obligations, the collection agency and the city attorney’s office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city’s use of any other procedure provided in this article or by law to collect unpaid costs and penalties. In a judicial action to recover abatement costs, the city attorney’s office may elect to recover attorneys’ fees. In any action in which the city attorney’s office elects to recover attorneys’ fees under this section, attorneys’ fees will be recovered by the prevailing party.

(Ord. 742 § 2, 2017)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies including administrative citations, civil and/or criminal actions. The remedies provided herein shall be cumulative and not exclusive.

(Ord. 742 § 2, 2017)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety calendar days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. 742 § 2, 2017)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council hereby declares that it would have adopted this chapter and adopted each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 742 § 2, 2017)