Chapter 9.20 — CURFEW

Article I

Curfew Restrictions for Minors

Every minor who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; any business establishment, including, but not limited to, places of amusement or entertainment; or any vacant lot or abandoned or vacant building between the hour of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in Section 9.20.040.

(Prior code § 5-6.1; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

Every minor subject to compulsory education or to compulsory continuation education who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; any business establishment, including, but not limited to, places of amusement or entertainment; or any vacant lot or abandoned or vacant building between the hours of 8:00 a.m. and 2:30 p.m. of the same day, on days when the minor's school is in session, is guilty of an infraction unless the minor meets one of the exceptions set forth in Section 9.20.040; or is in possession of a valid, school-issued, offcampus permit giving permission to leave campus; is receiving instruction by a qualified tutor pursuant to Education Code Section 48224; or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code.

(Prior code § 5-6.2; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

Every custodial person who allows or permits a minor in his or her custody to violate any provision of this chapter is guilty of an infraction, which is punishable as set forth in Section 1.16.010(C) of this Code, and may be liable for a civil penalty as provided in Article II of this chapter.

(Prior code § 5-6.3; amended during 1999 codification; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

This chapter shall not apply if the minor is:

• A. Accompanied by a custodial person or by the minor's spouse over 18 years of age;

• B. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over 18 years of age;

• C. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the City, a civic organization, or a similar entity that takes responsibility for the

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City of Norwalk, CA

NORWALK CODE

§ 9.20.040

§ 9.20.070

child;

• D. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

• E. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of 18 years of age;

• F. Involved in an emergency or seeking medical assistance;

• G. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

• H. In the right-of-way abutting the minor's residence;

• I. In a motor vehicle involved in interstate travel;

• J. Emancipated pursuant to State law and California Family Code Section 7000, et seq., including, but not limited to, the following reasons: married or in the military services;

• K. Homeless;

• L. Authorized to be absent from his or her full-time school pursuant to the provisions of Education Code Section 48205, or any other state or Federal law.

(Prior code 5-6.4; Ord. 1474 § 2, 1997; amended during 1999 codification; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

On a first offense, the court may order community service or parenting classes instead of a fine, as may be appropriate.

(Prior code § 5-6.5; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

As used in this chapter:

"Custodial person" means any parent or legal guardian of the minor, or any person 18 years of age or older who is authorized by such parent or legal guardian with the care and custody of the child.

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

(Prior code § 5-6.6; Ord. 1474 § 2, 1997; amended during 1999 codification; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

A Sheriff's Deputy or Public Safety Officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.20.070

§ 9.20.090

arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Section 9.20.040 apply.

(Prior code § 5-6.7; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this chapter not been enacted.

(Prior code § 5-6.8; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

• A. A violation of this chapter is punishable as an infraction as set forth in Section 1.16.010(C) of this Code or by a civil penalty, and may result in a police services charge pursuant to Article II of this chapter.

• B. Notwithstanding Section 1.16.010(C) of this Code, any person convicted of an infraction under this chapter shall be punishable by a fine of not more than $100 for a first violation, a fine of not more than $200 for a second violation within one year and a fine of not more than $250 for each additional violation within one year. In addition to a fine, a minor who is convicted shall be subject to any other penalty provided by California Welfare and Institution Code Section 258.

• C. The civil penalty for a violation of this chapter shall be equal to the maximum applicable fine if the violator had been convicted of an infraction.

• D. The court may set aside the penalties set forth herein upon finding that the following have occurred:

  1. The minor has not had unexcused absences from school from the date of the citation.

  2. The minor, or the minor's parent or guardian if the citation is against such person, has performed twenty hours of court-approved community service. Community service performed by a minor in satisfaction of this requirement shall be performed during times other than the minor's hours of school attendance.

  3. The minor's parent or guardian has attended a court-approved parenting class, if required by the court.

  4. The minor and the minor's parent or guardian have attended court-approved counseling, if required by the court.

(Prior code § 5-6.9; Ord. 1474 § 2, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

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City of Norwalk, CA § 9.20.100

PUBLIC PEACE, MORALS AND WELFARE

§ 9.20.120

Article II

Cost Recovery—Minor Curfew, Loitering or Wilful Misconduct

When, based on a finding of civil liability or criminal conviction for violations of nighttime or daytime curfew pursuant to Chapter 9.20 of this Code, truancy or willful misconduct in violation of Welfare and Institutions Code Section 602, a minor under 18 years of age is detained and detention required the supervision of the juvenile offender by Norwalk Public Safety Department or Sheriffs Department employee(s), the parent(s) or legal guardian(s) having custody or control of such minor shall be jointly and severally liable for the cost of providing such personnel. (Prior code § 5-31.1; Ord. 1474 § 3, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

As determined by the Director of Public Safety, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of willful misconduct in violation of Welfare and Institutions Code Section 602 where Public Safety personnel provide services relating to the detention, processing or supervision of minors may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by the department. (Prior code § 5-31.2; Ord. 1474 § 3, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

• A. Any person receiving a bill for police services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of such charges. Any billing sent pursuant to this chapter shall inform the billed party of the right to appeal such billing. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the Hearing Officer. Any appeal regarding such billing shall be heard by the Director of Public Safety, or designee, as the Hearing Officer.

• B. Within 10 days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. This decision will indicate whether the fees are valid, and if so, whether the City is imposing the fee against the parents and/or legal guardian. The Hearing Officer may waive the fee for good cause. The decision issued by the Hearing Officer may provide for any of the following:

  1. The performance of community service in lieu of the imposition of the fee;

  2. A waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor;

  3. A waiver of the payment of the fee upon the determination that neither the minor nor the parents or legal guardian has the ability to pay the fee; and

  4. A waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian have limited physical or legal custody and control of the minor.

• C. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30

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City of Norwalk, CA

§ 9.20.120 PUBLIC PEACE, MORALS AND WELFARE

§ 9.20.120

days after notice of the decision of the Hearing Officer.

(Prior code § 5-31.3; Ord. 1474 § 3, 1997; amended during 1999 codification; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC PEACE, MORALS AND WELFARE

§ 9.24.020

§ 9.24.030