La Mirada Municipal Code Ch. 9.40 Minors

The city council has determined that a higher degree of governmental regulation of minors is desirable and necessary to protect their health and safety. Due to their lack of maturity and experience, minors are particularly vulnerable to participate in unlawful activities and to become the victims of crime. Other factors which necessitate a higher level of governmental regulation of minors include their general inability to make critical decisions in an informed and mature manner and the importance of the parental role in child rearing.

(Ord. 511 § 2, 1997)

The following words and phrases, whenever used in this chapter, shall be defined as follows:

A. "Curfew hours" means:

1. Ten p.m. to six a.m. of the following day on Sunday through Thursday; and

2. Eleven p.m. to six a.m. of the following day on Friday and Saturday.

B. "Emergency" refers to unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, automobile accidents, fires, explosions, natural disasters, or any condition requiring immediate action to prevent bodily injury or loss of life.

C. "Establishment" means any privately-owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

D. "Guardian" means:

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

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

E. "Minor" means any person under eighteen years of age.

F. "Operator" means any individual, firm, association, partnership, or corporation operating, managing or conducting any business establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

G. "Parent" means a person who is:

1. A natural parent, adoptive parent, or stepparent of another person; or

2. At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

H. "Public place" means any place that 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.

I. "Remain" means to:

1. Linger, stay or to be present; or

2. Fail to leave the premises when requested to do so by a peace officer or the owner, manager, operator, or other person in control of the premises.

(Ord. 511 § 2, 1997)

It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours; or for any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours; or for any owner, operator, manager, or employee of an establishment to knowingly permit a minor to remain upon the premises of the establishment during curfew hours.

(Ord. 511 § 2, 1997)

A. It is a defense to prosecution under Section 9.40.030 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 detour or stop;

3. In a motor vehicle involved in intrastate or interstate travel; provided, that where the minor is not accompanied by his or her parent or guardian, the minor must have the parent or guardian's written consent to be involved in the intrastate or interstate travel;

4. Engaged in an employment activity, or going to or from home from an employment activity, without detour or stop;

5. Involved in an emergency;

6. On the sidewalk immediately adjacent to the minor's residence;

7. Attending an official school, religious, or other adult supervised recreational activity sponsored by the city, a civic organization, or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or stop;

8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; provided, that the minor has sent a letter signed by the minor and his or her parent or guardian to a representative of the Los Angeles County Sheriff's Department Norwalk Station indicating the location at which the minor will be exercising his or her First Amendment rights, the purpose of the activity, the curfew hours during which the activity will occur, and the number of days of the activity not exceeding ninety days per letter at least twenty-four hours in advance; or

9. Emancipated pursuant to the law of any state; provided, that the minor maintains evidence of emancipation in his or her possession during curfew hours.

B. It is a defense to prosecution under Section 9.40.030 that the owner, operator, or employee of an establishment promptly notified a representative of the sheriff's department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. 511 § 2, 1997)

Before taking any enforcement action under this section, a peace officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or detain a minor under this section unless the officer reasonably believes an offense has occurred and based upon the minor's responses and other circumstances, no defense, as specified in Section 9.40.040, is applicable.

(Ord. 511 § 2, 1997)

A. It is unlawful for any person under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, to remain in any public place or on the premises of any establishment within the city between the hours of eight-thirty a.m. and one-thirty p.m. on days when such minor's school is in session. This section shall not apply:

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

2. When the minor is on an emergency errand directed by his or her parent, guardian or other person having the care or custody of the minor without detour or stop; or

3. When the minor is traveling directly to or from a medical appointment or place of gainful employment; or

4. When the minor has permission to leave his or her school campus for a school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or

5. 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; or

6. When the minor is receiving home or private school instruction pursuant to California Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or when the minor is otherwise exempt by law from attendance at a public or private full-time day school.

B. It is unlawful for any parent or guardian to allow a minor to be in violation of subsection (A) of this section.

(Ord. 511 § 2, 1997)