Montclair Municipal Code Ch. 7.12 Offenses Involving Minors

A. It is unlawful for any minor under the age of 18 years to remain in any place open to the public in the City between the hours of 10:00 p.m. and 5:00 a.m. unless such minor is:

1. Accompanied by a parent, guardian, or other responsible adult person during such hours;

2. Engaged, without detour or delay, in the performance of an errand at the direction of such parent, guardian, or other responsible adult;

3. Attending, going to or returning from, without detour or delay, an educational or social gathering or public entertainment which has been approved by and consented to by such parent, guardian, or other responsible adult;

4. Attending, going to, or returning from, without detour or delay, an official school, religious, or other adult-supervised recreational activity sponsored by the City, a civic organization, or other similar entity that takes responsibility for the safety of the minor;

5. Engaged in an employment which makes it necessary for such minor to be in a place open to the public, or going to or returning home from employment, without detour or delay;

6. Involved in any emergency during such hours;

7. In a motor vehicle involved in otherwise lawful travel;

8. On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

9. Exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right of lawful assembly;

10. Emancipated pursuant to State law.

B. Enforcement. Before taking any enforcement action under this section, a peace officer shall ask the apparent offender's age and reason for being in a public place or place open to the public during the hours of curfew. The officer shall not issue a citation or detain a minor under this section unless the officer reasonably believes an offense has occurred and that, based upon the circumstances presented and the minor's responses, none of the above exceptions appear to be present or apply.

C. Violations. Any person violating or failing to comply with any of the requirements of this section shall be guilty of a misdemeanor and shall be liable under the provisions set forth in Chapter 1.12 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 5-2.401)

A. It is unlawful for any minor over 6 and under 18 years of age who is subject to compulsory education or to compulsory continuation education to remain in any public place or place open to the public away from his or her place of residence during those hours that his or her school is in session.

B. In addition to the exceptions identified in Section 7.12.010, this prohibition shall not apply whenever:

1. The minor is traveling directly to or from a medical appointment, appearance in court, place of gainful employment, or employment conference;

2. The minor has permission to leave the school campus for lunch, authorized off-campus appointments, or a school-related activity and has in his or her possession a valid school-issued permit to leave the school campus for a designated period of time; such permit shall state the purpose for leaving the school campus.

C. Any person violating the provisions of this chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code. Each violation of the provisions of this section shall constitute a separate offense.

D. Any person violating or failing to comply with any of the requirements of this section shall be liable under the provisions set forth in Chapter 1.12 of this Code.

E. In lieu of or in combination with the fine set forth above, the court in its discretion may impose the performance of community service for a total time not to exceed 20 hours over a period not to exceed 30 days. Such community service shall not conflict with school attendance or employment.

F. In addition to the definitions of terms found in Chapter 7.02 of this Code, the following definition is to be applied for this section:

"Subject to compulsory education or to compulsory continuation education" means those minors over 6 and under 18 years of age who are not exempted because of:

1. Attendance in a private school or receiving home instruction;

2. Prior high school graduation or having attained a certificate of proficiency from the school district;

3. Current attendance in a regional occupational program;

4. Exclusion, expulsion or disqualification from the school district;

5. Currently on an authorized leave of absence from the school district;

6. Inability to prove legal residency status.

G. Enforcement. Before taking any enforcement action under this section, a peace officer shall ask the apparent offender's age, school attendance status, and reason for being in a public place or place open to the public during the hours of curfew. The officer shall not issue a citation or detain a minor under this section unless the officer reasonably believes an offense has occurred and that, based upon the circumstances presented and the minor's responses, none of the above exceptions appear to be present or apply.

(Ord. 06-889 § 12; Ord. 99-791 Exh. A (part); prior code § 5-2.405)