Manhattan Beach Municipal Code Ch. 4.56 Miscellaneous Offenses—minor's Curfew

The City Council declares its purpose and intent in enacting Sections 4.56.010 through 4.56.040 as follows:

A. The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults.

B. Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief.

C. In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.

D. Curfew ordinances tend to reinforce parental authority and supervision.

(§ 1, Ord. 1755, eff. August 6, 1987)

For purposes of this chapter:

A. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, an earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious bodily injury or loss of life.

B. "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.

C. "Guardian" means a person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed.

D. "Minor" means any person under the age of eighteen (18) years.

E. "Parent" means a person who is a natural, adoptive, or stepparent of another person.

F. "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, alleys, parks, and the common areas of schools, hospitals, apartment houses, condominiums, office buildings, transport facilities and shops.

G. "Remain" means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

H. "Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor.

(§ 1, Ord. 1755, eff. August 6, 1987, as amended by § 2, Ord. 1982, eff. June 4, 1998)

It shall be unlawful for any minor to be present in or remain in or upon the public streets, alleys, parks, playgrounds, other public places, establishments, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day. It shall also be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the City during curfew hours.

The curfew shall not apply to the following:

A. Any minor accompanied by a parent, legal guardian or a responsible adult to which custody of the minor has been given by the parent or legal guardian; and

B. Any minor performing any task at the direction of his or her legal guardian or to any minor responding to an emergency with or without parental consent; and

C. To any minor then acting within the course and scope of his or her employment; and

D. To any minor on the property of, or the sidewalk directly adjacent to, or the buildings immediately adjacent to the building in which he or she resides; and

F. To any minor attending organized association activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other Constitutionally protected activity; and

F. To any minor engaged in reasonable and direct travel to and from those activities described in subsection E of this section.

(§ 1, Ord. 1755, eff. August 6, 1987, as amended by § 2, Ord. 1982, eff. June 4, 1998)

Every police officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 4.56.030, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, his or her purpose in being in the public place, and other information reasonably necessary to determine whether such violation exists.

(§ 1, Ord. 1755, eff. August 6, 1987)

No person shall stand in any roadway other than in a crosswalk if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer or employee of a public utility when necessarily upon a street in line of duty.

(§ 1, Ord. 1755, eff. August 6, 1987)

No person shall stop, stand or sit in or upon any sidewalk area or crosswalk in any manner so as to hinder or obstruct the free passage of pedestrians thereon, nor shall any person annoy or molest such pedestrian.

(§ 1, Ord. 1755, eff. August 6, 1987)