Madera Municipal Code Ch. 4 Loitering

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CURFEW HOURS. The period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

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

ESTABLISHMENT. 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.

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 the court.

MINOR. Any person under 18 years of age.

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

PUBLIC PLACE. 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.

RESPONSIBLE ADULT. A person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Ord. 683 C.S., passed 4-1-98)

(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

(B) It is unlawful for any parent or guardian or a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

(C) It is a defense to prosecution under division (A) or (B) that the minor was:

(1) Accompanied by the minor's parent or guardian, or by a responsible adult;

(2) On an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor's residence;

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution; or

(9) Emancipated pursuant to law.

(D) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under § 4-4.02 (C) is present or applicable.

(E) Each violation of this section shall constitute a separate offense.

(F) It is unlawful for the parent, guardian, or other person having the legal care, custody, or control of any minor under the age of 18 years to allow or permit such minor to violate any provision of this chapter.

('61 Code, § 4-4.02) (Ord. 106 N.S., passed - - ; Am. Ord. 182 N.S., passed - - ; Am. Ord. 633 C.S., passed 2-15-95; Am. Ord. 683 C.S., passed 4-1-98)

It is unlawful for any person to assist, aid, abet, or encourage any minor under the age of 18 years to violate any provision of this chapter.

('61 Code, § 4-4.03) (Ord. 106 N.S., passed - - ; Am. Ord. 633 C.S., passed 2-15-95)

Any minor under the age of 18 years found in violation of this chapter and taken into temporary custody therefor shall either be taken to the proper place for detention for such minors or detained until the arrival of a parent, guardian, or proper person to care for the minor. This provision shall not prohibit the transportation of such minors to their residence or their proper abode.

('61 Code, § 4-4.04) (Ord. 106 N.S., passed - - ; Am. Ord. 633 C.S., passed 2-15-95)

(A) It shall be unlawful for any person to enter, remain in, or loiter in any park in the city between the hours of 10:00 p.m. and daylight immediately following during the period from November 1, to and including March 1, and between the hours of 11:00 p.m. and daylight immediately following during the period from March 2, to and including October 31, without the written permission of the Police Chief. The Police Chief is authorized to issue permits for the use of the city park after the above hours upon receipt of a written application therefor on such form and within such time prior to any special use as prescribed by the Police Chief and after determination by the Police Chief that the proposed activity will not be detrimental to the public health, safety, and general welfare. Such determination to the Police Chief shall be based upon his or her assessment and evaluation of police problems which may arise from the proposed activity, the age of the participants, the hours of the conduct of the activity, the conditions of the park premises to be used, the current status of the level of delinquency in the community at large and the locale of the proposed activity, and such other similar and pertinent factors which will enable the Police Chief to make a determination of the advisability of issuing a permit. The Police Chief may impose such conditions as he or she deems necessary to the granting of such permit, considering the nature of the activity, the use of the park property, the accumulation of trash, and such other factors necessary to preserve the health, safety, and general welfare of the community.

(B) Violation of this section is expressly declared to be a misdemeanor.

('61 Code, § 4-4.05) (Ord. 131 C.S., passed 10-3-68; Am. Ord. 424 C.S., passed - - ; Am. Ord. 567 C.S., passed 6-19-91)

It is unlawful for any person to interfere with or refuse to vacate any part or portion of any park which at the time is reserved by permit for the use of any other person or group.

('61 Code, § 4-4.06) (Ord. 458, C.S., passed 7-16-86)

It shall be unlawful for any parent, guardian, or person having a minor in his or her charge, after receiving notice of the apprehension and detention of said minor, to fail or neglect, without reasonable delay, to go in person or send some suitable person after the minor so detained.

(Ord. 633 C.S., passed 2-15-95)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and if such violator is a juvenile, they shall be dealt with in accordance with the appropriate sections of the California Welfare and Institutions Code and with juvenile court law and procedure.

(Ord. 633 C.S., passed 2-15-95)

A fee for the costs of administrative and transportation services for the return of the minor to his or her parents or legal guardian, shall be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed these actual costs. This section shall be effective upon the adoption of a resolution by the City Council which outlines the procedure and implementation of the fee described herein.

(Ord. 633 C.S., passed 2-15-95)