Mono County Municipal Code Ch. 10.56 Curfew

The ordinance codified in this chapter shall be known as the "curfew ordinance."

(Ord. 08-02 § 1 (part), 2008.)

As used in this chapter, the following words have the following meanings:

A. "Curfew hours" means the period from ten p.m. Pacific Standard Time or eleven p.m. Pacific Daylight Saving Time, whichever is in effect, of any evening of the week until six a.m. the following day.

B. "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, natural disaster, an 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 operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

D. "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 the court.

E. "Minor" means a person under eighteen years of age.

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

G. "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, parks, playgrounds, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theatres, game rooms, shopping malls, or any other public place of business.

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

I. "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 body member or organ.

(Ord. 08-02 § 1 (part), 2008.)

A. Except as provided in subsection C of this section, it is unlawful for any minor to be present in any public place or on the premises of any establishment within the unincorporated part of Mono County during curfew hours.

B. Except as provided in subsection C of this section, it is unlawful for any parent or guardian of 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 unincorporated part of Mono County during curfew hours.

C. It is not a violation of this section, and it shall be a defense to prosecution under this section if, at the time the minor is found in a public place or on the premises of any establishment in the unincorporated part of Mono County during curfew hours, the minor is:

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, guardian, or a 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 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, civic, or recreational activity supervised by adults and sponsored by Mono County, a civic organization, or a similar entity that takes responsibility for the minor;

8. Engaged in an activity the predominant purpose of which is the exercise of rights protected by the First Amendment to the Constitution, such as the free exercise of religion, freedom of speech, and freedom of assembly; or

9. Emancipated pursuant to law.

D. Before taking any enforcement action under this section, a peace officer shall ask a minor suspected of violating this section the minor's age and his/her reasons for being in the public place or on the premises of the establishment during curfew hours. The officer shall not cite or arrest the minor or the minor's parent or guardian for violating this section unless the officer reasonably believes that an offense has occurred and that, based on the minor's responses and other circumstances, no grounds for a defense under subsection C exist.

(Ord. 08-02 § 1 (part), 2008.)

A. Any minor who violates the provisions of Section 10.56.030(A) is guilty of a misdemeanor, and shall be dealt with in accordance with Chapter 2 of Part 1 of Division 2 (commencing with Section 200) of the Welfare and Institutions Code, known as the Arnold-Kennick Juvenile Court Law.

B. Any adult who violates the provisions of Section 10.56.030(B) is guilty of a misdemeanor and shall be dealt with in accordance with applicable law.

(Ord. 08-02 § 1 (part), 2008.)