Chapter 10.36 — MINOR’S CURFEW

The City Council declares its purpose and intent in enacting this ordinance is as follows:

A. The ability to make reasoned judgments, resist peer pressure and understand 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, but not adults.

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

C. In recent years, minors have increasingly been victims of violent crime and the adoption
and enforcement of a curfew ordinance will tend to reverse this trend.

D. Curfew ordinances tend to reinforce parental authority and supervision.
(1949 Code § 4221 Ord. 1079; Ord. 85-20 § 1 (part), 1985; Ord. 85-21 § 1 (part), 1985)7

For the purpose of this chapter, any person under the age of eighteen (18) years who is not an emancipated minor, as provided in California Family Code Section 7002, shall be deemed a minor. (1949 Code § 4222; Ord. 1079; Ord. 85-20 § 1 (part), 1985; Ord. 85-21 § 1 (part), 1985; Ord. 2023-22 § 455, 2023)

It shall be unlawful for any minor to loiter or idle in or upon the public streets, alleys, parks, playgrounds or other public places, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The curfew shall not apply to the following:

A. Any minor accompanied by a parent, legal guardian or a responsible adult to which custody of the minor has been given by the parent or legal guardian; and

B. To any minor performing any task at the direction of his or her legal guardian or to any minor responding to an emergency with or without parental consent; and

C. To any minor then acting within the course and scope of his or her employment; and

D. To any minor on the property of, or the sidewalk directly adjacent to, or the buildings immediately adjacent to the building in which he or she resides; and

E. To any minor attending organized associational activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other Constitutionally protected activity; and

7. Ordinance 85-21 was an emergency ordinance passed July 8, 1985. Ordinance 85-20 was passed August 12, 1985.

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City of Newport Beach, CA § 10.36.030 OFFENSES AND NUISANCES § 10.36.040

F. To any minor engaged in reasonable and direct travel to and from those activities described in subsection (E) of this section. (1949 Code § 4223; Ord. 1079; Ord. 85-20 § 1 (part), 1985; Ord. 85-21 § 1 (part), 1985)

Every Police Officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 10.36.030, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, and other information reasonably necessary to determine whether such violation exists. (1949 Code § 4224; Ord. 1079; Ord. 85-20 § 1 (part), 1985; Ord. 85-21 § 1 (part), 1985)

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City of Newport Beach, CA § 10.48.010 OFFENSES AND NUISANCES § 10.48.030