Norwalk Municipal Code Art. 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, off-campus 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 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 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)