La Puente Municipal Code Ch. 3.56 Curfew

Sections:

• 3.56.010 Definitions.

• 3.56.020 Nighttime curfew.

• 3.56.030 Daytime curfew.

• 3.56.040 General exemptions.

• 3.56.050 Additional daytime curfew exemptions.

• 3.56.060 Parental responsibility.

• 3.56.070 Penalty for violation.

• 3.56.080 Enforcement procedures.

• 3.56.090 Power of law enforcement officers.

• 3.56.100 Recovery of costs.

*Prior ordinance history: Ord. 731 § 2, 1996.

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Custodial person” means any parent or legal guardian of the minor, or any person eighteen years of age or older who is authorized by a parent or legal guardian to take care and have custody of the child.

“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, 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 operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

“Minor” means a person under the age of eighteen years.

“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.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Unless the minor meets one or more of the exceptions set forth in Section 3.56.040 of this chapter, it is a misdemeanor for any minor to be present between the hour of 10:00 p.m. and the time of sunrise of the following day in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park or recreation area; (iii) any public ground, place, or building; (iv) any vacant lot or abandoned or vacant building; or (v) any establishment.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Unless the minor meets one or more of the exceptions set forth in Sections 3.56.040 or 3.56.050 of this chapter, it is a misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of eight-thirty a.m. and one-thirty p.m. of the same day, on days when the minor’s school is in session, in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park or recreation area; (iii) any public ground, place, or building; (iv) any vacant lot or abandoned or vacant building; or (v) any establishment.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

The curfews in this chapter shall not apply if the minor is:

(a) Accompanied by a custodial person;

(b) On an errand directed by, and in possession of a written excuse from, a custodial person;

(c) Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, or any other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

(d) Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such lawful employment activity;

(e) Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

(f) Involved in an emergency or seeking medical assistance;

(g) Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution when a minor has in his or her possession written permission from a custodial person to engage in such activity;

(h) In the right-of-way abutting the minor’s residence, provided there are no complaints regarding the minor’s conduct;

(i) In a motor vehicle involved in interstate travel; or

(j) Emancipated pursuant to state law and California Family Code Section 7000, et seq., including but not limited to the following reasons: married or in the military service.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Section 3.56.030, daytime curfew, shall not apply where the minor is:

(a) In possession of a valid, school-issued, off-campus permit giving permission to leave campus;

(b) Receiving instruction by a qualified tutor pursuant to Education Code Section 48224;

(c) Otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or

(d) The minor is on an excused absence from school due to any of the circumstances set forth in Section 48205 of the California Education Code, or any other applicable state or federal law.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Every custodial person who allows or permits a minor in his or her custody to violate any provision of this chapter is guilty of a misdemeanor.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor which is punishable by the general penalty of Section 1.08.110 of the La Puente Municipal Code; provided, however, a court may order the following instead of a fine:

(a) Community service: (i) for no more than ten hours for the first violation; (ii) for no less than ten hours and no more than twenty hours for the second violation; and (iii) for no less than twenty hours and no more than fifty hours for each additional violation of this chapter committed within one year after the second violation of this chapter; or

(b) Parenting classes.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

A deputy of the Los Angeles County sheriff’s department shall ask the age of an apparent offender and his or her reason for being on the premises or property. The deputy shall not issue a citation or make an arrest unless the deputy reasonably believes that an offense has occurred and that none of the exceptions set forth in La Puente Municipal Code Sections 3.56.040 or 3.56.050 apply. For violations of the nighttime curfew in Section 3.56.020, the deputy shall transport or detain the minor in accordance with the provisions in Welfare and Institutions Code § 625.5.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this chapter not been enacted.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)

In accordance with Welfare and Institutions Code § 625.5, the city council may adopt a resolution which will allow the city to impose a fee for the actual administrative and transportation costs incurred by the city in returning a minor, who violates the nighttime curfew in Section 3.56.020, to his or her place of residence or to the custodial person in charge of the minor. Pursuant to Welfare & Institutions Code Section 625.5(d), said costs shall not be charged for the first violation of Section 3.56.020 by a minor. The minor, the minor’s parents, and the minor’s legal guardian shall be jointly and severally liable for the cost of providing such services.

(Ord. 790 § 20 (part), 1999; Ord. 775 § 3 (part), 1999)