Morro Bay Municipal Code Ch. 9.08 Curfew for Minors

This chapter is enacted by the city to accomplish the following purposes:

A. To provide young people with the ability to make reasoned judgments, resist peer group pressure and understand that the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, and not adults; and

B. Juvenile crime, especially nighttime crime where minors have increasingly been victims, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief; and

C. To safeguard the integrity of the city by enabling it to recoup law enforcement costs of identifying, detaining, and transporting minors who violate curfew ordinances to their place of residence; and

D. To reinforce parental authority and supervision and encourage parents and legal guardians to exercise reasonable and necessary care, supervision, and control of their minor children so as to prevent them from committing irresponsible or unlawful acts including involvement in any criminal street gang activity; and

E. Provide young people with appropriate protection and guidance in order to become educated, responsible citizens and to behave acceptably in public.

(Ord. 461 § 6 (part), 1997)

The following definitions shall apply to this chapter:

A. "Minor" means any person under the age of eighteen.

B. "Loiter" means to idly remain or linger at a fixed location either within or outside of a vehicle, without lawful purpose as listed in this chapter, for a period of time in excess of ten minutes.

C. "Wander" means to move about other than by means of a motor vehicle circuitously or without a consistent direction.

D. "Aimlessly drive or ride about" means to travel in or on a motor vehicle circuitously or without a consistent direction.

E. "Motor vehicle" means any vehicle that is self propelled as set forth in California Vehicle Code Section 415.

(Ord. 461 § 6 (part), 1997)

It is unlawful for any person, under the age of eighteen years, to loiter, wander, aimlessly drive or ride about, in or upon any public street, avenue, highway, road, curb area, public place, public building or other public ground, place of amusement or other entertainment, eating place, vacant lot, or any other place between the hours of:

11:00 p.m. on Sunday through 5:00 a.m. on Monday;

11:00 p.m. on Monday through 5:00 a.m. on Tuesday;

11:00 p.m. on Tuesday through 5:00 a.m. on Wednesday;

11:00 p.m. on Wednesday through 5:00 a.m. on Thursday;

11:00 p.m. on Thursday through 5:00 a.m. on Friday;

12:01 a.m. on Saturday through 5:00 a.m. on Saturday;

12:10 a.m. on Sunday through 5:00 a.m. on Sunday;

provided, however, that the provisions of this section do not apply:

A. When the minor is accompanied by a parent, spouse, guardian, or other responsible adult, who has legal responsibility for supervision of the minor;

B. When the minor is upon any errand directed by his or her parent, spouse, guardian, or other adult having legal responsibility for said minor;

C. When the minor is returning directly to his or her home or other place of residence after having attended a place of amusement, entertainment, recreational activity, school function or social call;

D. When the minor is going directly to his or her place of lawful employment or volunteer work at a charity institution or while returning directly to his or her home or other place of residence after having left his or her place of lawful employment or charity work without detour or stop;

E. When the minor is in a motor vehicle involved in intrastate or interstate transportation for which passage through the curfew area is the most direct route;

F. When the minor is exercising his or her First Amendment Rights protected by the United States or California Constitution, including but not limited to the free exercise of religion, freedom of speech and freedom of assembly;

G. When the minor is "emancipated" in accordance with the California Family Code or other applicable state law;

H. When the minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

I. When the minor is waiting at a bus stop for transportation.

(Ord. 461 § 6 (part), 1997)

Upon the first violation of Section 9.08.030, a law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of this chapter. A representative of the police department issuing the citation shall mail to the parents or legal guardian of the minor a notification stating that upon a second violation, the parents or legal guardian may be held liable for actual administrative and transportation costs. The parents or legal guardian shall be required to sign and return the notification.

(Ord. 461 § 6 (part), 1997)

Except as provided in Section 9.08.040, law enforcement officers are authorized to temporarily detain any minor on a reasonable suspicion based on articulable facts that the minor is in violation of Section 9.08.030, and to transport that minor to his or her place of permanent or temporary residence within the state, whether the place of residence is located within or outside of the jurisdiction, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating this chapter.

(Ord. 461 § 6 (part), 1997)

A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the police department shall conduct a hearing, pursuant to Welfare and Institutions Code Section 625.5(e), as to the validity of the fees charged, and may waive payment of the fee, or provide for the performance of community service in lieu of the imposition of the fee, by the minor, his or her parents, or legal guardian upon a finding of good cause.

(Ord. 461 § 6 (part), 1997)

It is unlawful for any parent, guardian, or any adult person having legal responsibility for a minor, under the age of eighteen years to wilfully and knowingly permit or allow such minor to violate Section 9.08.030 of this chapter. Any person violating the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, is punishable as set forth in Title 1 of this code.

(Ord. 461 § 6 (part), 1997)