Morgan Hill Municipal Code Ch. 9.14 Youth Curfew

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Curfew hours" means:

1. The hours between eleven p.m. and five a.m. for minors under the age of eighteen years.

"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.

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

"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 a court; or

3. A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Loiter" means to stand idly, wander about or linger aimlessly.

"Minor" means any person under eighteen years of age.

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

"Public place" means:

1. Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, schools, playgrounds, vacant lots or other public grounds; and

2. The out-of-doors common area of establishments, including, but not limited to, entry ways and parking lots or other areas open to the public.

"Remain" means to:

1. Linger or stay; or

2. Fail to leave a public place when requested to do so by a police officer or the person in control of the public place.

"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.

(Ord. 1274 N.S. § 1 (part), 1996)

A. It is unlawful for any minor under the age of eighteen years to loiter or remain in any public place within the city during curfew hours, except as provided under Section 9.14.030.

(Ord. 1274 N.S. § 1 (part), 1996)

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

A. Accompanied by the minor's parent or guardian;

B. On an errand at the direction of the minor's parent or guardian, without detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in lawful employment activity, or going to or returning home from a lawful employment activity or from a lawful entertainment activity, without detour or stop;

E. Acting in response to an emergency;

F. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

G. Returning directly home, without detour or stop, from a school, church, cultural, sports, amusement, entertainment or recreation activity; or an organized rally, demonstration, meeting or similar activity;

H. Waiting at a train or bus station for transportation;

I. Emancipated in accordance with the California Family Code or other applicable state law;

J. When the minor is engaging in speech or religious rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of peaceful assembly.

(Ord. 1274 N.S. § 1 (part), 1996)

A. Before taking any enforcement action under Section 9.14.020, a police officer shall ask the apparent offender's age and the reason for being in the public place.

B. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption under Section 9.14.030 applies.

(Ord. 1274 N.S. § 1 (part), 1996)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 38, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 38, adopted May 2, 2018, amended § 9.14.050 in its entirety to read as herein set out. Former § 9.14.050 pertained to violation—penalty and derived from Ord. 1274 N.S., § 1(part), adopted in 1996; and Ord. 1320 N.S., § 10, adopted in 1997.

If any provision, including exception, part, phrase or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of this chapter in any and all other respects shall not be affected thereby.

(Ord. 1274 N.S. § 1 (part), 1996)