Lassen County Municipal Code Ch. 9.08 Curfew

Note: Prior ordinance history: Ord. 538.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"County"

means and includes all of the unincorporated territory within the boundaries of Lassen County.

"Emancipated minor"

means anyone under the age of eighteen whose parent or legal guardian has renounced his right to the care, custody, and earnings of said person, and such renouncement has been sanctioned by the courts.

"Emergency"

means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian"

means:

(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.

"Knowledge and consent"

need not be actual knowledge of the exact location of the minor in question, rather it may be imputed from the knowledge that the minor is not at home, the minor has an ultimate destination, and that the minor may make a diversionary trip on his way to or from the ultimate destination; such actions may be silently acquiesced to once knowledge has been imputed.

"Loiter"

means to stand idly about or linger aimlessly.

"Minor"

means anyone under the age of eighteen, whose care and custody as well as right to his earnings, repose in a parent or legal guardian. It does not include an emancipated minor or anyone under the age of eighteen who is legally married.

"Public place"

means any bar, bowling alley, cafe, drugstore, grocery store, hotel, ice cream parlor, pool room, saloon, shopping center, supermarket, theater, or any other place dedicated to amusement or entertainment to which the public is invited, whether enclosed or out of doors, and which includes any accompanying parking lot or pedestrian walkway, or any appurtenance thereto which is used by the public. Public place shall include any out of door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds.

(Ord. 523 § 2, 1995)

(a) It is unlawful for any minor under the age of eighteen years to be present or to loiter in any public place within the county between the hours of ten p.m. and five a.m. (Pacific Standard Time or Pacific Daylight Savings Time, whichever is in effect) of the following day.

(b) It is unlawful for any parent or legal guardian to any person under the age of eighteen to assist, aid, abet, permit, encourage, or omit to act with knowledge and consent thereby inducing any person under the age of eighteen to violate any provision of this chapter. For purposes of this section, a parent or legal guardian to any person under the age of eighteen years shall have the duty to exercise reasonable care, supervision and control over their minor child.

(Ord. 523 § 2, 1995)

A minor under the age of eighteen shall not be in violation of this chapter if, at the time the minor was stopped by a peace officer, the minor was:

(a) Accompanied by his or her parent or legal guardian;

(b) Acting in response to an emergency;

(c) Returning directly home, without detour or stop, from a bona fide meeting, school activity, dance or party at a church, school, youth club or a theater, or any organized rally, meeting or similar activity;

(d) Emancipated in accordance with the California Family Code or other applicable state law.

(Ord. 523 § 2, 1995)

(a) Any minor violating this chapter shall be guilty of a misdemeanor, and subject to the provisions of Welfare and Institutions Code Section 256 et seq.

(b) Any parent or other adult person violating this chapter shall be guilty of a misdemeanor.

(Ord. 523 § 2, 1995)