Nevada City Municipal Code Ch. 9.08 Offenses Involving Minors

The city council 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 minors' inability to make critical decisions in an informed and mature manner. The city recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours.

(Ord. 98-01 § 2 (part), 1998)

As used in this chapter:

"Curfew hours" means that period of time from 10:30 p.m. any evening until 6:00 a.m. or dawn, whichever is earlier, the following day.

"Emergency" means unforeseen circumstances or a situation 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.

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

"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 of record.

"Home" means a place where the minor lives, or any other place where the minor is authorized by a parent, guardian or responsible adult to spend the night.

"Minor" means any person under 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 a natural parent, adoptive parent, or step-parent of another person.

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

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

"Sidewalk" means and includes an area within five (5) feet of the abutting property, whether or not a physical sidewalk exists there.

(Ord. 98-01 § 2 (part), 1998)

A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city of Nevada City during curfew hours.

B. It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow the minor to be present in any public place or on the premises of any establishment within the city of Nevada City during curfew hours.

C. It is unlawful for any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

(Ord. 98-01 § 2 (part), 1998)

A. It shall be a defense to prosecution of the above offenses 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 a 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. On the sidewalk abutting the minor's residence;

7. Attending an official school, religious, recreational or organized volunteer activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States Constitution;

9. Emancipated pursuant to law;

10. Going to or returning home from another location, without any detour or stop; or

11. Attending an event or activity in an establishment.

B. Before taking any enforcement action under this section, a police officer shall ask the suspected offender his or her age and the reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest for a violation of this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense as enumerated herein is present or applicable.

C. It is a defense to prosecution under offense C in Section 9.08.030, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. 98-01 § 2 (part), 1998)

A first, second and third violation of this chapter within a twelve (12) month period shall be an infraction as defined in Section 19C of the California Penal Code; the punishment for such violation shall be a fine not to exceed the amounts specified in Government Code Section 36900 as then in effect. A fourth and subsequent violation within any twelve (12) month period shall be punished as a misdemeanor as provided by state law.

(Ord. 98-01 § 2 (part), 1998)