Pomona Municipal Code Div. 1 Night Time Curfew

The purpose of this section is to provide a curfew for those persons under the age of 18 in the interest of public health, safety and general welfare. The city council finds that there has been an increase in juvenile violence and criminal activity, that persons under the age of 18 are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and be victims of perpetrators of crime, and that the city has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control and responsibility over minor children and for the reduction of the incidence of juvenile criminal activities within the city.

(Ord. No. 4038, § 1, 9-19-2005)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Curfew hours means 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and 11:59 p.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 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: (a) a person who, under court order, is guardian of the person of a minor; (b) a public or private agency with whom a minor has been placed by a court of law; or (c) a person at least 18 years of age and authorized by a parent to have the care and custody of a minor.

Minor means any person under 18 years of age.

Parent means a person who is (a) a natural parent, adoptive parent, or stepparent of a minor; or (b) a public or private agency with whom a minor has been placed by a court of law; or (c) a person of 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.

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

(Ord. No. 4038, § 1, 9-19-2005)

It is unlawful for any minor to be present and to remain in any public place or on the premises of an establishment within the city during curfew hours.

(Ord. No. 4038, § 1, 9-19-2005)

It is unlawful for a parent or guardian of a minor to knowingly permit or, by insufficient control, allow the minor to remain in any public place or on the premises of an establishment within the city during the curfew hours.

(Ord. No. 4038, § 1, 9-19-2005)

It is an exception to the rule of section 34-262 and defense to the prosecution under Section 34-262 that 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 a legitimate employment activity or going to or returning home from a legitimate employment activity, without any detour or stop;

(5) Involved or acting in response to an emergency;

(6) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(7) Attending an official school, religious, sports, amusement, entertainment or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious, sports, amusement, entertainment or other recreational activity supervised by adults or sponsored by the city, a civic organization, or other 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, subject, however, to all other applicable laws, rules and regulations; or

(9) Emancipated in accordance with applicable state law.

(Ord. No. 4038, § 1, 9-19-2005)

Before taking any enforcement action under this section, a police officer shall ask the apparent defender's age and reason for being in a public place or establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and the totality of the circumstances, no exception or defense under subsection (1) of this section is present.

(Ord. No. 4038, § 1, 9-19-2005)

A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00 or by the imprisonment in the county jail of the County of Los Angeles or the city jail of the City of Pomona as the committing magistrate may direct for not more than six months, or by both such fine and imprisonment in the discretion of the court.

(Ord. No. 4038, § 1, 9-19-2005)