Orange Cove Municipal Code Ch. 9.08 Curfew/Unlawful Assemblies

In this chapter, unless the context otherwise requires the following terms shall have the meanings assigned to them in this section:

"Enforcement and administrative expense" means the costs incurred by the city in enforcing the provisions of this chapter. It includes but is not necessarily limited to the cost to the city of the city attorney's fees, if any, in bringing an action under this chapter to recover any or all of the expense of a police response, (as that term is defined in this section), and the related administrative costs to the city of accumulating the information necessary to keep the account and accounting for the costs and expenses associated with the enforcement of this chapter in billing a parent or guardian of a minor.

"Expense of a police response" means the costs incurred by the city in responding directly to a loud or unruly assemblage. It includes the cost of providing police, fire fighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to the city property, injuries to city personnel, and transporting minors to parental pickup stations and the time of any employees of the police department required to pick up one or more minors, transport them, contact their parents and supervise them until they can be given over to the custody of their parents.

"Loud or unruly assemblage" means the presence of two or more persons who:

1. Unlawfully fights;

2. Maliciously or willfully disturb another person by loud and/or unreasonable noise;

3. Use offensive words in a public place which are inherently likely to provoke an immediate, violent reaction in the hearer;

4. Use force or violence, disturb the public peace or threaten to use force or violence accompanied by the ability or apparent ability to carry out such threat;

5. Assemble and act together to urge a riot or urge others to commit acts of force or violence; or

6. Assemble together to do an unlawful act or to do a lawful act in a violent, boisterous or tumultuous manner.

(Ord. 287 § 1, 1996)

A. It is unlawful for any person under the age of eighteen years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, vacant lots, places of amusements and eating places or any place open to the public during either or both of the following:

1. Between the hours of ten-thirty p.m. and five a.m. of the day immediately following;

2. Between the hours of eight a.m. and three p.m. of the same day on days when school is in session.

B. The provisions of this section shall not apply when any one or more of the following are also applicable:

1. The minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

2. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;

3. The minor is going or coming directly to or from his or her place of gainful employment;

4. The minor is going or coming directly to or from a medical appointment;

5. For a violation of subsection (A)(2) of this section only, the minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued, off-campus permit and it is between the hours of eleven a.m. and one-thirty p.m.;

6. The minor is going to or returning directly home from a public meeting, or place of public entertainment such as a movie, play, sporting event or school activity; or

7. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

C. Any minor under the age of eighteen years of age found in violation of this chapter shall be immediately apprehended and taken to the proper detention place or parental pickup station for minors and there detained until the arrival of the parent, guardian or proper person to care for the minor. Each violation of the provisions of this section shall constitute a separate offense and shall be an infraction unless the minor requests that a petition be filed under Section 601 or Section 602 of the Welfare and Institutions Code. Any minor convicted of willfully violating this section of this chapter is guilty of an infraction punishable by:

1. A fine not exceeding the amounts set forth in Section 1.24.010B of this code;

2. Shall be required to perform community service for a total time not to exceed twenty hours over a period not to exceed thirty days, during times other than while the minor's school is in session or, if the minor is employed, during the time in which the minor is required to be present at his or her place of employment; or

3. Both subsections (C)(1) and (C)(2) of this section.

D. Notwithstanding any other provisions of this chapter, when a person under the age of eighteen years is charged with a violation of this section and a peace officer issues a notice to appear in Superior Court to that minor pursuant to Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

(Ord. 287 § 2, 1996)

A. Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen years who permits such person to violate the provisions of this chapter is guilty of a misdemeanor.

B. It is unlawful for any parent, guardian or person having a minor in his or her charge, after receiving notice of the apprehension, arrest or detention of said minor, to fail or neglect to go, in person, or to send some person of suitable age and discretion after said minor so detained to accompany the minor to the minor's home or other safe, private place.

C. Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen who violates Section 9.08.020 of this chapter shall be liable for the expense of a police response and the enforcement and administrative expense of detaining the minor, transporting the minor to a parental pickup station and billing and collecting for these expenses. The terms "expense of police response" and "enforcement and administrative expense" shall have the meanings assigned to them in Section 9.08.010.

(Ord. 287 § 3, 1996)

A. In enacting this chapter, the city council intends to exercise the authority it has to recover the expense of responding to a loud or unruly assemblage (see Government Code Section 53158). This chapter is in addition to the authority granted by Government Code Sections 53150-53158.

B. The city may elect to proceed under either enactment where both apply.

(Ord. 280 § 2(part), 1994: Ord. 279 § 2(part), 1994)

A person who owns or is in control of premises on which a loud or unruly assemblage occurs or from which a loud or unruly assemblage emanates is liable for the expense of a police response.

(Ord. 280 § 2(part), 1994: Ord. 279 § 2(part), 1994)

A. The expense of police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardian of the minor are liable.

The charge is a debt and the city may collect the debt in the same manner as in the case of an obligation under an express or implied contract.

B. The debt bears interest at the rate of nine percent a year. Interest accrues from the due date stated on the billing.

(Ord. 280 § 2(part), 1994: Ord. 279 § 2(part), 1994)

The liability under this chapter for the expense of a police response may not exceed one thousand dollars.

(Ord. 280 § 2(part), 1994: Ord. 279 § 2(part), 1994)

The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident.

(Ord. 280 § 2(part), 1994: Ord. 279 § 2(part), 1994)