Nevada County Municipal Code Ch. 1 Misdemeanors

It is unlawful for any person to beset or picket the premises of another, or any approach thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to refrain from entering such premises, or to refrain from patronizing, negotiating with or transacting business with the owner or occupant of such premises.

It is unlawful for any person, in association or agreement with one (1) or more persons, to assemble, congregate or meet together in the vicinity of the premises of another, or upon the streets, highways or approaches thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to refrain from entering such premises, or to refrain from patronizing, negotiating with or transacting business with the owner or occupant of such premises.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Every person under the age of eighteen (18) years who loiters in or about any public street or other public place or any place open to the public in the unincorporated territory of the County between the hours of 10:30 p.m., and the time of 6:00 a.m. of the following day, when not accompanied by their parent, guardian or other adult person having the legal care, custody or control of such person, or spouse of such person over twenty-one (21) years of age, is guilty of a misdemeanor.

A violation of this Section or any provision thereof is punishable as a misdemeanor.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any parent, guardian, or other person lawfully entitled to the care, custody and control of any minor under the age of eighteen (18) years, to knowingly suffer or permit such minor to be unlawfully upon the streets, roads or highways or other public place or in any place open to the public in the County between the hours of 10:30 p.m. and 6:00 a.m. within the meaning of the preceding section.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for the owner of any place open to the public in the County, or their manager, agent or employee, to suffer or permit any minor under the age of eighteen (18) years to be in such place of business between the hours of 10:30 p.m. and 6:00 a.m. within the meaning of the two (2) preceding sections.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Any person violating the provisions regarding curfew shall be deemed guilty of a misdemeanor.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Any person under age eighteen (18) violating Section 11.01.202, Curfew, shall be taken in custody of the Sheriff, Probation Officer or any other peace officer of the County and turned over to the Juvenile Court of the County to be dealt with under the laws of the State.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. Prohibition Against Open Containers. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed in or on any public street, sidewalk or other public right-of-way in any of the following designated areas shall be guilty of an infraction:

1. Town of Truckee, California. A strip of land one-hundred (100') feet on each side of the following described lines:

Part 1: Beginning at a point in the center of Donner Pass Road, County Road No. 664AF1 at the intersection of said Donner Pass Road and High Street, County Road No. 686BA2 as shown on the Nevada County Road System Map, 1980; thence from said point of beginning northeasterly along the center line of Donner Pass Road, County Road No. 664AF1 to the intersection of Donner Pass Road and Bridge Street, County Road No. 686AR2 and State Highway 267. Thence northwesterly along the center line of Bridge Street and East Main Street. County Road No. 686AF2 to the end of the first part of said strip of land.

Part 2: Beginning at the center of State Highway 267 at the intersection of State Highway 267 and Bridge Street, County Road No. 686AR2 and Donner Pass Road, County Road No. 664AF1. Thence along the center line of said State Highway 267 in a northeasterly direction to the section in between Section 10 and Section 15, Township 17 North, Range 16 East, M.D. & M. to the end of the second portion of said strip of land.

2. North San Juan, California. A strip of land one hundred (100') feet on each side of the following described land:

Beginning at a point on the center of State Highway 49, five hundred (500') feet southwest of the intersection of said Highway 49 and School Street (County Road Number 713AF2) as shown on the Nevada County Road System Map dated 1980. Thence northerly along the center line of said Highway 49 to the intersection of said Highway 49 and Oak Tree Road, County Road No. 713AK2, as shown on the Nevada County Road System Map dated 1980. To the end of said strip of land.

3. Washington, California. A strip of land one hundred (100') feet each side of the following described line:

Beginning at the most Southerly corner of Lot 18 as shown on the Record of Survey of the Townsite of Washington filed in Book 2 of surveys at Page 11, Nevada County Records. Said point of beginning also being in the center of Washington Road, County Road No. 637AD1 as shown on the County Road System Map, 1980. Thence from said point of beginning northwesterly and northeasterly along the center line of said Washington Road to the most northerly corner of Lot 42 of said Townsite Map being the end of said strip of land.

B. Exception—Permits for Special Civic Events. The enforcement of this Section may be suspended as to any location upon application of any non-profit organization for a period not exceeding twelve (12) hours when the suspension is in conjunction with any special civic event organized by the non-profit organization and which meets the following criteria:

1. Has a security plan for the control of those individuals' consuming alcohol which plan shall be submitted to and approved by the Nevada County Sheriff's Office.

2. Shall be limited to a single special event.

3. Any permit issued hereunder shall specify that alcoholic beverages shall be consumed only out of plastic or paper cups and shall prohibit the consumption of such beverages from glass bottles or metal cans.

4. Payment of a processing fee.

5. A clean-up plan to be approved, in advance, by the Department of Public Works and shall require a cleaning deposit.

A special event is defined as one which is conducted for the benefit of the local community and includes, but is not limited to, street dances, concerts, fairs, art shows.

Any person who is convicted of a violation of this Section after having previously been convicted three (3) times within the preceding twelve (12)-month period of a violation thereof shall be guilty of a misdemeanor if the defendant has admitted said convictions or they are alleged in the accusatory pleading and proved. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged and sufficient proof thereof.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to form, or to aid in forming, or to ride in, any parade, or procession of two (2) or more motor vehicles formed or moving along any highway for the purpose of inducing any person, by means of compulsion, coercion, intimidation or fear, from entering into or carrying on their employment, upon or about any business, mine, mill, mine property, farm, ranch, packing shed or any other place of employment.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It is unlawful for any person to beset or picket the premises of another, or any approach thereto, where any person is employed or seeks employment, or any place or approach thereto where such employee or person seeking employment lodges or resides, for the purpose of inducing such employee or person seeking employment by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to quit their employment or to refrain from seeking or freely entering into employment.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It is unlawful for any person to utter to, or within the hearing of another, any derogatory, indecent opprobrious epithets or language, or to use any gesture, or to make demonstrations of any kind, for the purpose of inducing any person, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to quit their employment or to refrain from seeking or freely entering into employment, or to refrain from patronizing, negotiating with or transacting business with any other person.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. Prohibitions on Private Property.

1. No person shall remain upon any private or business premises after being expressly notified to keep off, keep away or remove themselves by the owner, owner's agent, or other person in lawful possession or by any peace officer who has received a request from the foregoing persons.

2. No person, without permission of the owner, owner's agent, or other person in lawful possession of the private property or business premises, shall re-enter upon such premises within fourteen (14) days of being notified to keep off, keep away or remove themselves by the owner, owner's agent, or other person in lawful possession of the private property or business premises or by a peace officer who has received a request from the foregoing persons.

3. The owner, the owner's agent, or the person in lawful possession of the property shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested. Detailed and identifying information shall be given to the peace officer describing the specific person or persons to be removed from the property.

4. A single request for a peace officer's assistance may be made to cover a limited period of time not to exceed thirty (30) days and identified by specific dates, covering that period of time in which the owner, the owner's agent, or person in lawful possession is absent from the premises or property.

5. No person shall park or leave standing a vehicle upon privately owned and maintained off-street parking facilities unless such person has the permission of the owner, the owner's agent, lessee or other person in charge of said premises and facilities.

6. Notwithstanding any other county ordinance to the contrary, the provisions of this Section shall only apply to private property generally open to the public or to business premises if said property or premises is posted with signs which expressly forbid remaining or re-entering on such property without the expressed permission. Such posting shall be located at all clearly defined entry ways and shall not be required on any property not generally open to the public.

B. Prohibitions on Public Property. It is unlawful for any person to willfully stand, sit or position their body in or upon any public highway, alley, walkway, sidewalk or crosswalk so as to hinder, delay or obstruct the free passage thereon of persons or vehicles passing or attempting to pass along the same.

C. Application—Exceptions. None of the provisions of this Chapter shall apply when any of the following circumstances exists:

1. The provision violates a federal or state civil rights act or any other provision of law relating to the prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin.

2. The provision results in or is coupled with an act prohibited by Cal. Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers.

3. The provision results in an interference with or inhibition of peaceful, lawful labor picketing or other lawful labor activities.

4. The provision results in an unlawful interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech.

5. The person who is upon another's property is there under reasonable claim or color of legal right.

D. Penalties. Violation of the provisions 11.01.110.A.1, 11.01.110.A.3 or 11.01.110.B regarding trespass on private or public property shall be an infraction. The first and second violation of 11.01.110.A.2 shall be an infraction punishable pursuant to Cal. Gov't Code § 25132. However, after two (2) convictions of Section 11.01.110.A.2, further violation of that Section shall be a misdemeanor.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to utter, publish, or use any seditious language, words, remarks or epithets, or to address to another, any such language, words, remarks or epithets, which create or provoke or tend to create or provoke a breach of peace.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. Where Prohibited. Smoking is prohibited while traveling on foot, cycle, or domestic animal in grain, grass, stubble, brush, timber or other inflammable vegetative cover and on roads and trails or in other areas posted against smoking between the first day of June and the 31st day of October of each year.

B. Where Permitted. Smoking is permitted as follows:

1. In improved campgrounds;

2. Inside vehicles on roads;

3. At places of habitation; or

4. While stopped in a cleared or barren area of at least three (3') feet in diameter; provided, however, that in all instances burning and glowing substances are completely extinguished before being discarded.

Each violation of this Section shall constitute a misdemeanor punishable by imprisonment in the County Jail or fine or both as provided for in California statute.

The State Forester and all their agents duly authorized by the laws of the State and all U.S. Forest Officers, are hereby declared to be peace officers of Nevada County for the purpose and with the right of enforcing all provisions of this Section.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. Definition. Whenever in this Section the word "nude" is used, it shall mean devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person. Whenever in this Section the term "public right-of-way" is used, it shall mean any place of any nature which is dedicated to use of the public for pedestrian and vehicular travel, and includes, but is not limited to a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, hall, court, way, avenue, boulevard, road, roadway, viaduct, tunnel, bridge, thoroughfare, square, and any other similar public way.

B. Nudity Prohibited. No person over the age of ten (10) years shall be nude and exposed to public view in or on any public right-of-way, public park, public beach, or waters adjacent thereto, or other public lands, or in or on any private property open to the public, or open to public view from any public right-of-way, public beach, public park, or other public land.

C. The provisions of this Section shall not apply to live theatrical performances performed in a theater, concert hall, or other similar establishment.

D. Any violation of this Code shall constitute a misdemeanor and shall be punishable by imprisonment in the County jail or fine, or both, as provided for by California statute.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Any violation of Section 11.01.140 of this Code shall constitute a misdemeanor and shall be punishable by imprisonment in County jail for a maximum of ninety (90) days, by a fine of two hundred fifty dollars ($250.00) or both such fine and imprisonment.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Every person, firm or corporation is prohibited from using, discharging or possessing any fireworks as same is defined in Cal. Health & Safety Code § 12511 within the unincorporated territory of the County of Nevada. Notwithstanding the foregoing, this Section shall not apply to any person, firm, or corporation engaged in using, discharging or possessing said fireworks under the direction, guidance and supervision of a pyrotechnic operator.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Every person, firm or corporation who violates the provisions of Sections 11.01.150 or 11.01.1.23 shall be guilty of a misdemeanor, punishable by imprisonment in the County jail or fine, or both. as provided for by California statute. In addition, thereto, such person, firm or corporation may be assessed any fire suppression cost that may be incurred by any public agency for the suppression of any fire caused by a violation of these sections.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. Any person lawfully detained by a peace officer for investigatory questioning shall, upon request of a peace officer, produce identification sufficient to indicate their name and date of birth or place of residence. A verbal or written statement of name and birthdate or residence address shall constitute sufficient identification.

B. Any person refusing to produce sufficient identification as defined in Subsection A shall be guilty of a misdemeanor and shall be punished by a fine. If a defendant consents thereto, the District Attorney may elect to prosecute any such violation as an infraction for which the applicable fine shall not exceed twenty-five dollars ($25.00).

C. Any person who knowingly gives false information to a peace officer acting pursuant to the provisions of this Chapter shall be guilty of a misdemeanor punishable by imprisonment in the County jail, or a fine or both such fine and imprisonment.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

It shall be unlawful for any person to urinate or defecate within one hundred (100') feet of any building or structure, or upon or within fifty (50') feet of any public or private roadway, or upon or within fifty (50') feet of any public or commercial parking facility or lot, except in an appropriate sanitary facility.

A person violating this Section shall be guilty of an infraction. Every person convicted of a violation of this Section shall be punished by a mandatory fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) upon a first conviction, by a mandatory fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) upon a second conviction within twelve (12) months, and by a mandatory fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) upon a third or subsequent conviction within one (1) year.

Nothing in this Section is intended or shall be construed to effect, amend, or repeal any sanitary ordinance of the County of Nevada.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. It shall be unlawful for any person to discharge a firearm of any sort on or into property owned by the County of Nevada, including, but not limited to, the sanitary landfill, convenience stations, Administration Building, maintenance yards, airport property, cemeteries, and parks.

B. It shall be unlawful for any person to:

1. Discharge any firearm on any parcel zoned by the County of Nevada as R1, R2, R3, or on any parcel zoned RA and that is comprised of fewer than five (5) acres.

2. Discharge any firearm within one hundred fifty (150) yards (four hundred fifty (450') feet) of any dwelling house, residence, or other building or any barn or any outbuilding used in connection therewith.

3. Discharge any firearm within one thousand (1,000') feet of any public or private school or public park grounds.

4. Except when hunting, to discharge any firearm in such a manner that the bullet (projectile) does not remain on the lot or parcel from which it was fired.

Notwithstanding the foregoing, the provisions of Subparagraph B shall not prohibit:

1. The discharge of a firearm within one hundred fifty (150) yards (four hundred fifty (450') feet) of any such dwelling house, residence, etc. if all buildings within one hundred fifty (150) yards (four hundred fifty (450') feet) of the point of discharge are owned by: (a) the person discharging the weapon, (b) a member of their family, or (c) an invited guest thereof.

2. The discharge of a firearm for the express purpose of the lawful slaughtering of animals.

C. It shall be unlawful for any person to discharge any firearm from 6:00 p.m. to 9:00 a.m. other than allowed by Federal or State law.

D. It shall be unlawful for any person to discharge any firearm continuously, for two (2) or more hours without at least a two (2) hour break.

E. It shall be unlawful for any person to discharge any firearm that results in any noise which unreasonably disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing within the limits of the County.

The County may consider these factors in determining whether a violation of this Subsection has occurred and whether to issue a citation for a violation:

1. The volume or intensity of the noise;

2. The proximity of the noise to neighboring dwelling houses, residences, or other buildings;

3. The proximity of the noise to offices, places of business, or other areas where work is carried on;

4. The nature and zoning of the area within which the noise emanates;

5. The time of day the noise occurs and the relationship of this time to the normal activities of the area in which it occurs and in relation to the other factors listed in this Subsection;

6. The duration, continuousness, or repetitive nature of the noise, and whether the noise is recurrent, intermittent, or constant for more than two (2) hours without an equal break absent of the noise or related sound for at least two (2) hours; and

7. Whether the person or business responsible for the noise or related sound has been previously warned that complaints have been received about the noise or related sound and such person or business has failed to reduce such noise to a reasonable level.

F. It shall be unlawful for any person to discharge any firearm during a Red Flag Warning or a Fire Weather Watch issued by The National Weather Service in the location subject to the Red Flag Warning or Fire Weather Watch. This Subsection shall not apply to persons legally engaged in hunting for non-game mammals and/or furbearers in accordance with Title 14, Sections 466 and 474, of the California Code of Regulations.

G. The provisions of Subparagraphs B, C, D, E, and F shall not apply to any shooting range operated by law enforcement agencies.

H. The provisions of Subparagraphs B, D, and E shall not apply to any permitted commercial shooting range or grandfathered commercial shooting range that has been determined to be exempt from applicable permitting requirements.

I. The provisions of Subparagraph F shall not apply to any permitted commercial shooting range or grandfathered commercial shooting range that has been determined to be exempt from applicable permitting requirements on an annual basis, provided that the range has obtained annual approval by an applicable fire authority and with supervision on site.

J. The provisions of the ordinance codified in this Section shall not apply to the discharge of a firearm in the defense of a direct threat to life or to protect property. The provisions of the ordinance codified in this Section shall not apply to any person conducting a predatory control program on behalf of or licensed by any federal, State or County agency.

K. Any violation of the ordinance codified in this Section shall constitute a misdemeanor; provided however that any violation shall be an infraction subject to the procedures of Cal. Penal Code §§ 19.6, 19.7, and 19.8, when:

1. The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time they is arraigned, after being informed of their rights, elects to have the case proceed as a misdemeanor; or

2. The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

L. The provisions of this Section shall not apply to any permitted commercial indoor shooting range or grandfathered commercial indoor shooting range that has been determined to be exempt from applicable permitting requirements.

(Ord. 2459. (12/11/2018); Ord. 2495. (08/24/2021); Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

1. Definitions.

A. Animal means all vertebrate animal species.

B. Person means any individual, partnership, association, corporation, trust, joint-venture, or any officer, employee, agent, department, or instrumentality of the County of Nevada or any political subdivision located therein.

C. Steel-Jaw Leghold Trap means any spring powered pan or gear activated device with two (2) opposing steel jaws whether bare, padded or with teeth which is designed to capture an animal by snapping closed upon an animal's limb or part thereof. Mouse or rat traps shall not be classified as steel jaw leghold traps for the purposes of this Chapter.

2. Prohibition.

A. Except as expressly permitted herein, it shall be unlawful for any person to manufacture, sell, offer for sale, possess, import, transport, set or cause to be set an animal trap of the steel-jaw leghold type within the limits of the County of Nevada. It shall be unlawful for any person to take or attempt to take any animal by means of a trap of the steel-jaw leghold type within the limits of the County of Nevada.

B. The possession of a trapping device referred to in Paragraph 1 of this Section shall be prima facie evidence of a violation of this Section.

C. This Chapter does not prohibit the use of traps other than the steel-jaw leghold trap for animal damage control or other purposes.

3. Exception. Upon declaration, by the Department of Health, of a rabies epidemic, authorization to use such traps for a time period commensurate with the rabies epidemic may issue.

4. Exemptions.

A. Nothing in this Chapter shall prohibit the possession of steel-jaw leghold traps for display or exhibition purposes by a non-profit organization.

B. Nothing in this Chapter shall prohibit the possession of steel-jaw leghold traps by persons in the act of disposing of such traps.

C. Nothing in this Chapter shall prohibit the possession of steel-jaw leghold traps by collectors or hobbyists, provided that such devices be kept indoors and disengaged at all times.

5. Penalties. Any person who violates Section 2 (Prohibition) of this law shall be guilty of an infraction punishable by a fine one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for a second violation and a fine of five hundred dollars ($500.00) for each additional violation within the same year. Conviction under Section 2 of this law shall result in confiscation of all equipment, animals and pelts used in or obtained by reason of a violation of Section 2 of this law and each illegal trap manufactured, sold, offered for sale, possessed, imported, transported or set shall be considered a separate violation and shall be punishable as a separate offense.

(Adopted by Initiative Ordinance "Measure H," (11/8/1988); Measure H ruled invalid and enforcement by County prohibited in Dept. of Fish & Game v. County of Nevada, Nevada County Superior Court Case No. 40445, (11/23/1994))

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

A. School Truancy Prohibited. It shall be unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory full-time education or to compulsory continuation education, to loiter, idle, wander or to aimlessly remain without any visible purpose, reason or explanation for such conduct, to be in or upon any public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement or entertainment, or vacant lots between the hours of 9:00 a.m. and 2:00 p.m. on days when school is in session, as defined herein, within the unincorporated areas of the County of Nevada. This Section shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.

B. Definitions. For the purposes of this Section, the following words and phrases shall be construed as set forth in this Section, unless it is apparent from the context that a different meaning is intended:

1. Absent From School shall mean being found away from a public school facility, during school attendance hours.

2. Compulsory Education or Compulsory Continuing Education shall have the meaning set forth in Cal. Educ. Code §§ 48200—48361.

3. School Attendance Review Board (SARB) shall mean and include any administrative panel established by a school district governing the operation of secondary schools within the County.

4. Minor shall mean any person between the ages of six (6) and seventeen (17) years of age.

5. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to the following: A fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

6. Guardian means:

a. A person who, under court order, is the guardian of the person of a minor;

b. An authorized representative of a public or private agency with whom the minor has been placed by court order; or

c. A person at least eighteen (18) years of age exercising care and custody of the minor and having written authorization to do so.

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

8. Public Place means any place to which the public or a substantial group of the public has access including, but not limited to, streets, highways, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, stores, shops, shopping malls, or any other public place of business.

9. Street means any way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way including, but not limited to, the traffic lanes, curbs, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies regardless of what the legal right-of-way is formally named or called, whether alley, avenue, court, road or otherwise.

C. Exceptions. This Section shall not apply if a minor has one (1) of the following circumstances:

1. The minor is going directly to or returning directly from an event or activity sponsored, sanctioned, or arranged by their school in which the minor is authorized to participate, or the minor is otherwise under the supervision of school personnel.

2. The minor is absent in connection with or required by a school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.

3. The minor has written permission from the school or the school district to be absent from a school campus, and has in their possession a valid, dated, school-issued off-campus permit.

4. The minor is traveling directly to or from a medical appointment or that of the minor's dependent child, provided the minor has possession of a written, dated, verification of the medical appointment.

5. The minor's own illness.

6. The minor is subject to lawful quarantine order.

7. The minor is authorized to be absent pursuant to the provisions of Cal. Educ. Code § 48205(a), or any other applicable State or Federal law.

8. The minor is on an emergency errand on behalf of their parents, or on behalf of a responsible adult for a specific purpose, or on behalf of school authorities for a school-related purpose and the errand involves no detour or stops along the way.

9. The minor is on the sidewalk outside the place where the minor resides.

10. The minor is engaged in a speech or religious rights activity protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right to peaceful assembly.

11. The minor is traveling directly to or from their place of gainful employment with a valid school-work permit.

12. The minor is on their authorized lunch period.

13. The minor has permission to leave their school and has in possession a valid school issued off-campus permit.

14. The minor is receiving home or private school instruction pursuant to Cal. Educ. Code § 48222 or is receiving instruction by a qualified tutor pursuant to Cal. Educ. Code § 48224 or is otherwise exempt by law from compulsory education or continuation education.

15. The minor is on a specialized school schedule.

16. The minor is married or emancipated in accordance with Cal. Fam. Code §§ 7000—2002.

D. Penalties. The violation by a minor of any of the provisions of this Section shall be deemed an infraction. A minor in violation of this Section shall be subject to the following penalties:

1. Upon a minor's first violation of this Section, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of twenty-five dollars ($25.00) (plus court costs and assessments) or by making arrangements to perform twelve (12) hours of supervised community service during non-school hours.

2. Upon a minor's second violation of this Section, occurring within a twelve (12)-month period, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of fifty dollars ($50.00) (plus court costs and assessments) or by making arrangements to perform twenty-four (24) hours of supervised community service during non-school hours.

3. Upon any third or subsequent violation of this Section, occurring within a twelve (12)-month period, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of seventy-five dollars ($75.00) (plus court costs and assessments) or by making arrangements to perform thirty-six (36) hours of supervised community service during non-school hours.

E. Enforcement Action. Before taking enforcement under this Section, the peace officer shall inquire of the minor as to their age and reason for being out in public. No citation shall be issued if the officer is reasonably satisfied that the minor is outside after curfew for one (1) of the reasons or excuses as provided herein. If the officer is not reasonably satisfied that such is the case, then a citation shall be issued.

A peace officer may detain or assume temporary custody, during school hours pursuant to the provisions of Cal. Educ. Code § 48264, of any minor subject to compulsory full-time education or to compulsory continuation education away from their home and who is absent from school without valid excuse within the unincorporated area of the County of Nevada or any school district therein.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))

Any person who violates these provisions, unless otherwise specified, shall be guilty of a misdemeanor punishable by imprisonment, or a fine, or both such fine and imprisonment as provided for by California Penal Code.

(Ord. 2526. (06/13/2023); Ord. 2530. (10/24/2023))