§ 4-5

In this chapter:

"Curfew hours" means:

• (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and

• (2) 12:01 a.m. until 6:00 a.m. on any Friday or Saturday.

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

"Establishment" means any privately-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.

"Minor" means any person under 18 years of age.

"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or a partnership and the officers of a corporation.

"Parent" means a person who is:

• (1) A natural parent, adoptive parent or step-parent of another person; or

• (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

"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.

"Remain" means to:

• (1) Linger or stay; or

• (2) Fail to leave a premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

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City of Ojai, CA § 4-5.01

OJAI CODE

§ 4-5.03

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ.

(§ 3, Ord. 734, eff. January 23, 1999)

• (a) A minor commits a violation if he or she remains in any public place or on the premises of any establishment within the City during curfew hours.

• (b) A parent or guardian of a minor commits a violation if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

• (c) The owner, operator or any employee of an establishment commits a violation if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

• (§ 3, Ord. 734, eff. January 23, 1999)

• (a) The provisions of subsection (b) of this section shall not apply to any of the following exceptions when the minor was:

  • (1) Accompanied by the minor's parent or guardian;

  • (2) On an errand at the direction of the minor's parent or guardian, 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 or abutting the residence of a nextdoor neighbor if the neighbor did not complain to the police department about the minor's presence;

  • (7) Attending an official school, religious or other recreational activity supervised by adults and/or sponsored by the City, a civic organization or other similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity by adults and/ or 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, such as the free exercise of religion, freedom of speech and the right of assembly; or

  • (9) Married or had been married or is otherwise an emancipated minor in accordance with applicable laws.

• (b) It is a defense to prosecution under Section 4-5.02 that the owner, operator or employee of

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-5.03

§ 4-5.06

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.

(§ 3, Ord. 734, eff. January 23, 1999)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation has occurred and that, based upon any response and other circumstances, no exception in Section 4-5.03 is present.

(§ 3, Ord. 734, eff. January 23, 1999)

• (a) Civil penalty. Every parent or legal guardian who, by any act or omission, or by threat, contributes to, or induces or endeavors to induce any dependent child or ward to fail or refuse to conform to any lawful order of law enforcement personnel, probation department, or of the juvenile court, or to conform to the requirements this Code concerning loitering, curfew or truancy, shall be subject to a civil penalty. For purposes of this section, a parent or legal guardian to any person under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection and control over his or her minor child or ward.

Any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, $2,500 for each violation, which shall be assessed and recovered in a civil action brought by the District Attorney or the City Attorney.

• (b) Cost recovery. As determined by the Chief of Police, or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to any act of willful misconduct in violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Police Department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.

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 said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding billing shall be heard by the City Manager, or his or her designee, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. 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. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the hearing officer. (§ 3, Ord. 734, eff. January 23, 1999)

The remedies provided in this section are in addition to the remedies and penalties available under this Code, and all other laws of this State. (§ 3, Ord. 734, eff. January 23, 1999)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-5.06