Mission Viejo Municipal Code Ch. 11.15 Curfew for Minors

Footnotes:

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Editor's note— Section 2 of Ord. No. 97-177, adopted Sept. 2, 1997, amended Ch. 11.15 in its entirety, in effect repealing §§ 11.15.010—11.15.060 and enacting similar new provisions in lieu thereof as §§ 11.15.010—11.15.060. Formerly, such provisions derived from §§ 2(3-6-1)—2(3-6-6) of Ord. No. 88-12, adopted July 27, 1988.

Cross reference— Citations in lieu of immediate arraignment, ch. 1.08.

State Law reference— Authority, Welfare and Institutions Code § 256.

Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in section 11.15.030 of this chapter.

(Ord. No. 97-177, § 2(A), 9-2-97)

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

(Ord. No. 97-177, § 2(B), 9-2-97)

This section shall not apply if the minor is:

(1) Accompanied by a custodial person or by the minor's spouse over 18 years of age;

(2) On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over 18 years of age;

(3) 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, 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;

(4) 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 activity;

(5) Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of 18 years of age;

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

(7) Exercising First Amendment rights protected by the United States Constitution or the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

(8) In the right-of-way abutting the minor's residence;

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

(10) 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;

(11) Homeless.

(Ord. No. 97-177, § 2(C), 9-2-97)

Community service or parenting classes for first offense: On a first offense, the court may order community service or parenting classes instead of a fine, as may be appropriate.

(Ord. No. 97-177, § 2(D), 9-2-97)

(a) The word "emergency" as used in this chapter 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.

(b) The word "minor" as used in this chapter means a person under the age of 18 years.

(c) The word "custodial person" as used in this chapter means any parent or legal guardian of the minor, or any person 18 years of age or older who is authorized by such parent or legal guardian with the care and custody of the child.

(Ord. No. 97-177, § 2(E), 9-2-97)

Cross reference— Definitions generally, § 1.01.170.

(a) A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in section 11.15.030 apply.

(b) 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. No. 97-177, § 2(F, G), 9-2-97)

Any minor violating any of the provisions of section 11.15.030 hereof shall be remanded to the juvenile court. Any parent, guardian or other adult person having the care and custody of a minor coming within the provisions of this chapter who violates any of the provisions hereof shall be guilty of a misdemeanor. Notwithstanding the foregoing, any such parent, guardian, or other adult having care and custody of a minor may be prosecuted in an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of this Code.

(Ord. No. 88-12, § 2(3-6-7), 6-27-88; Ord. No. 97-174, § 20, 8-18-97)