Modesto Municipal Code Art. 2 Youth Protection Curfew

* Prior history: Former Art. 2, Curfew Law, was added by Ord. 923-N.S., amended by Ord. 157-C.S., Ord. 2142-C.S., and Ord. 2919-C.S., and replaced by Ord. 3089-C.S.

The definitions set forth in this section shall govern the application and interpretation of this article.

(a) "Curfew hours" means:

(1) The hours between 10:00 p.m. to 5:00 a.m. for minors under the age of sixteen (16) years; or

(2) The hours between 11:00 p.m. to 5:00 a.m. for minors under the age of eighteen (18) years.

(b) "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.

(c) "Establishment" means any privately owned place of business to which the public or a substantial group of the public is invited, including but not limited to any place of amusement, entertainment, or recreation.

(d) "Guardian" means:

(1) Any person who, under court order, is the guardian of the person of a minor; or

(2) Any person to whom legal custody has been given by court order; or

(3) A public or private agency with whom a minor has been placed by a court; or

(4) A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor; or

(5) A person who stands in loco parentis.

(e) "Linger" means to tarry and to stay unnecessarily upon the streets, including the congregation of groups (or of interacting minors) totaling three (3) or more persons in which any minor involved would not be using the streets for ordinary or serious purposes, such as mere passage or going home or any of the exemptions defined in Section 4-7.203.

(f) "Juvenile" or "minor" means any person under eighteen (18) years of age.

(g) "Operator" means any owner, operator, employee or other person in control of an establishment or public place.

(h) "Parent" is any person having legal custody of a minor (i) as a natural parent, adoptive parent, or stepparent of a minor, or (ii) as a guardian.

(i) "Public place" means:

(1) Any area to which the public or a substantial group of the public has access, including, but not limited to, streets, roads, highways, sidewalks (whether paved or unpaved), curbs, gutters, grass areas, driveways, alleys, vacant lots, parks, playgrounds, common areas of schools, shopping centers, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the public; and

(2) The out-of-doors common areas of establishments, including, but not limited to, entryways, walkways, lawn or planter areas, patios, porches and parking lots.

(j) "Remain" means to:

(1) Linger or stay behind; or

(2) Fail to leave a public place when requested to do so by a police officer or the operator of a public place or establishment.

(k) "Serious bodily injury" means 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.

(l) "Years of age" continues from one birthday, such as the sixteenth to (but not including the day of) the next, such as the seventeenth birthday, making it clear that sixteen (16) or less years of age is herein treated as equivalent to the phrase "under seventeen (17) years of age," the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that seventeen (17) year olds might be involved. Similarly, for example, eleven (11) or less years of age means "under twelve (12) years of age."

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

(a) It is unlawful for any minor under the age of sixteen (16) years to linger or remain in any public place within the City during curfew hours, except as provided under Section 4-7.203.

(b) It is unlawful for any minor under the age of eighteen (18) years to linger or remain in any public place within the City during curfew hours, except as provided under Section 4-7.203.

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

A minor under the age of eighteen (18) shall not be in violation of this article if, at the time the minor was stopped by a police officer, the minor was:

(a) Accompanied by the minor's parent;

(b) Accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area;

(c) On an errand at the direction of the minor's parent, without detour or stop, until the hour of 1:00 a.m.;

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

(e) Engaged in a lawful employment activity, or going to or returning home from and within one (1) hour of termination of a lawful employment activity, without detour or stop;

(f) Acting in response to an emergency;

(g) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to or across the street from the minor's residence and the adult owner or resident of that property has given permission for the juvenile to be there;

(h) Returning directly home, without detour or stop, from and within one (1) hour of termination of a school, cultural, sports, amusement, entertainment, or recreation activity, any organized rally, demonstration, parade, meeting or similar activity or any activity of a religious or other voluntary association;

(i) On the premises of an eating establishment for the purpose of buying, ordering or consuming food and beverages. For purposes of this subparagraph, premises shall not include the parking lot of the eating establishment unless the minor is moving directly and without detour to or from his or her vehicle;

(j) Waiting at a train or bus station or bus stop for transportation;

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

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

Any parent, guardian, or other person having legal care, custody, or control of any minor under the age of eighteen (18) who knowingly allows or permits such minor to be in violation of Section 4-7.202 is guilty of a misdemeanor.

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

Any operator who knowingly allows or permits a minor under the age of eighteen (18) to linger or remain in a public place or establishment in violation of Section 4-7.202 is guilty of a misdemeanor.

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

(a) Before taking any enforcement action under Section 4-7.202, a police officer shall ask the apparent offender's age and reason for being in the public place.

(b) The officer shall not take enforcement action under this article unless the officer has probable cause to believe that no exemption under Section 4-7.203 applies.

(c) For purposes of enforcement, the officer shall take the juvenile to the police station or a designated curfew center where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.

(d) The Police Chief or his/her designee shall send the minor and his or her parent a written notice of the violation pursuant to Section 7-4.204 with a warning that any subsequent violation will result in full enforcement of this article, including enforcement of parental responsibility and of applicable penalties, and liability for actual administration and transportation costs.

(e) When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be cited and released to the juvenile authorities or remain in the custody of police personnel until the end of the curfew period, except to the extent that in accordance with police regulations, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.

(f) Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may readily be ascertained or are known.

(g) For the first violation of this article by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation within sixty (60) days of the first violation will result in full enforcement of this article, including enforcement of operator responsibility and of applicable penalties.

(h) On a second or subsequent violation of this article, the minor and the parent or legal guardian having custody of a juvenile subject to this section shall be liable for the actual administrative and transportation costs incurred by the City in identifying, detaining, and returning the minor to his or her place of residence or to the custody of his or her parent or legal guardian.

(i) The parent or legal guardian having custody of a juvenile subject to this section shall be liable for any fine or condition of restitution or reparation imposed by a court upon a curfew violator, provided that the curfew violator has not paid the fine or made restitution or reparation within the time ordered by the court, and further provided that the parent or legal guardian has been made a party defendant in all enforcement proceedings against the curfew violator and shall be served with all citations, summons, complaints, notices, and other documents required to be served on the curfew violator defendant.

(j) Within six (6) months after the initial enforcement of this article, and at least annually thereafter, the Police Chief shall review this article and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for this article. The Police Chief's report shall specifically include the following information:

(1) The practicality of enforcing this article and any problems with enforcement identified by the Police Chief;

(2) The assessment of the Police Department of the impact of this article on crimes committed by and against minors;

(3) The number of persons cited for a violation of this article; and

(4) The City's net cost of enforcing this article.

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)

If any section, subsection, sentence, clause or phrase of Sections 4-7.201 through 4-7.206 is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses, phrases, irrespective that one (1) or more may be declared invalid or unconstitutional.

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)