Monterey County Municipal Code Ch. 11.76 Curfew for Minors

The Board of Supervisors finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and the minor's inability to make critical decisions in an informed and mature manner. The Board of Supervisors recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for the County's minors specifically during nighttime hours.

(Ord. 1343, § 1, 1964; Ord. 3967, 1998)

The following definitions are applicable to this ordinance.

"Curfew hours" means the period from ten p.m. any night until six a.m. the following morning.

"Emergency" means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.

"Establishment" means any privately-owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

"Guardian" means (a) a person who, under Court order, is the guardian of the minor; or (b) a public or private agency with whom the minor has been placed by a Court.

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

"Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.

"Parent" means a person who is the natural parent, adoptive parent, or step-parent of a minor.

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

"Public place" means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

"Remain" means to: (a) linger, stay, or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator, or other person in control of the premises.

(Ord. 1343, § 2, 1964; Ord. 3967, 1998)

It is unlawful for:

A. Any minor to remain in any public place or on the premises of any establishment in the unincorporated areas of Monterey County during curfew hours, or

B. Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment in the unincorporated areas of Monterey County during curfew hours, or

C. Any owner, operator, or employee of an establishment to knowingly permit a minor to remain in or upon the premises of establishment during curfew hours.

(Ord. 1343, § 3, 1964; Ord. 3967, 1998)

A. It is a defense to the prosecution of the offenses specified in Section 11.76.030 that the minor was:

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 or guardian responsible adult without detour or delay;

3. In a motor vehicle involved in interstate travel;

4. Engaged in employment, or going to or returning home from employment, without detour or delay;

5. Involved in an emergency;

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

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

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

9. Emancipated pursuant to law.

B. It is a defense to prosecution under the offense specified in Section 11.76.030B, that the parent/guardian promptly notified the Sheriff's Department that the minor for whom they are responsible is out after curfew hours without permission even though the parent/guardian had made reasonable efforts to keep the minor from violating the curfew ordinance.

C. It is a defense to prosecution under the offense specified in Section 11.76.030C, that the owner, operator, or employee of an establishment promptly notified the Sheriff's Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. 3967, 1998)

Before taking any enforcement action under this Chapter, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the minor's response and other circumstances, no defense under this Chapter appears present or applicable.

(Ord. 3967, 1998)

Any person who violates a provision of this Chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Any person who violates the offenses described in this Chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile Court law and procedure.

(Ord. 3967, 1998)