National City Municipal Code Ch. 10.60 Curfew

A. Definitions. For purposes of this section:

"Curfew hours" means the period from ten p.m. any evening of the week until five a.m. the following day.

"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.

"Guardian" means: (1) a person who, under court order or agency placement, 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.

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

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

"Public place" means any place to which any member of the public has access, including, but not limited to, any public right-of-way, public grounds, parks, dedicated open or trail space, or any privately owned land that is unsupervised and is open and generally available to the public, including, but not limited to, vacant lots, the parking lots and the common areas of schools, hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls.

"Remain" means to: (1) linger or stay; or (2) fail to immediately leave premises when requested to do so by a police officer or other person in control of the premises.

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

"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.

B. Except as provided in subsection D of this section, it is unlawful for any minor to be present in or remain in any public place within the city of National City during curfew hours.

C. Except as provided in subsection D 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 or remain in any public place within the city during curfew hours.

D. It is a defense to prosecution under subsection B or C of this section 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, or the 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 home from an employment activity, without any detour or stop;

5. Involved in an emergency;

6. Attending an official school, religious or recreational activity supervised by one or more responsible adults or a public agency, civic organization or another similar entity that takes responsibility for the minor, or is going to or is returning home from, without any detour or stop, an official school, religious or recreational activity that was supervised by one or more responsible adults or a public agency, civic organization or another similar entity that assumed responsibility for the minor;

7. Exercising First Amendment "expressive activity" rights protected by the United States Constitution; or

8. Emancipated pursuant to law.

(Ord. 2138 § 1, 1997: Ord. 2136 § 1, 1997: Ord. 2026, 1992: Ord. 1032 (part), 1962: Ord. 702 § 1, 1943)

Any person or persons who violate this chapter are guilty of an infraction and punishable as provided in Section 1.20.010.

(Ord. 1621, 1978; Ord. 1358 § 2 (part), 1973: Ord. 1032 (part), 1962: Ord. 702 § 3, 1943)