Rancho Palos Verdes Municipal Code Ch. 9.12 Curfew

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

Custodial person means any parent or legal guardian of the minor, or any person 18 years of age or older who is authorized by a parent or legal guardian to take care and have custody of the child.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" 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.

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.

Minor means a person under the age of 18 years.

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.

(Code 1981, § 9.12.010; Ord. No. 346, § 2(part), 1999)

Unless the minor meets one or more of the exceptions set forth in section 9.12.040, it is a misdemeanor for any minor to be present between the hour of 10:00 p.m. and the time of sunrise of the following day in or upon any of the following places:

A. Any public or private street, road, drive, alley, or trail;

B. Any public or community park, beach or recreation area;

C. Any public ground, place, or building;

D. Any vacant lot or abandoned or vacant building; or

E. Any establishment.

(Code 1981, § 9.12.020; Ord. No. 346, § 2(part), 1999)

Unless the minor meets one or more of the exceptions set forth in section 9.12.040 or 9.12.050, it is a misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m. of the same day, on days when the minor's school is in session, in or upon any of the following places:

A. Any public or private street, road, drive, alley or trail;

B. Any public or community park, beach or recreation area;

C. Any public ground, place or building;

D. Any vacant lot or abandoned or vacant building; or

E. Any establishment.

(Code 1981, § 9.12.030; Ord. No. 346, § 2(part), 1999)

The curfews in this chapter shall not apply if the minor is:

A. Accompanied by a custodial person;

B. On an errand directed by, and in possession of a written excuse from, a custodial person;

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, or any 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 lawful employment activity;

E. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

F. Involved in an emergency or seeking medical assistance;

G. Exercising rights protected by the First Amendment of the United States Constitution or Calif. Const. art. 1 when a minor has in their possession written permission from a custodial person to engage in such activity;

H. In the right-of-way abutting the minor's residence, provided there are no complaints regarding the minor's conduct;

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

J. Emancipated pursuant to state law and the Emancipation of Minors Law (Family Code § 7000, et seq.), including, but not limited to, the following reasons: married or in the military service.

(Code 1981, § 9.12.040; Ord. No. 346, § 2(part), 1999)

Section 9.12.030, Daytime curfew, shall not apply where the minor is:

A. In possession of a valid, school-issued, off- campus permit giving permission to leave campus;

B. Receiving instruction by a qualified tutor pursuant to Education Code § 48224;

C. Otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or

D. The minor is on an excused absence from school due to any of the circumstances set forth in Education Code § 48205 or any other applicable state or federal law.

(Code 1981, § 9.12.050; Ord. No. 346, § 2(part), 1999)

Every custodial person who allows or permits a minor in their custody to violate any provision of this chapter is guilty of a misdemeanor.

(Code 1981, § 9.12.060; Ord. No. 346, § 2(part), 1999)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor which is punishable by the general penalty of section 1.08.010(A); provided, however, a court may order the following instead of a fine:

A. Community service.

1. For no more than ten hours for the first violation;

2. For no less than ten hours and no more than 20 hours for the second violation; and

3. For no less than 20 hours and no more than 50 hours for each additional violation of this chapter committed within one year after the second violation of this chapter; or

B. Parenting classes.

(Code 1981, § 9.12.070; Ord. No. 346, § 2(part), 1999)

A deputy of the county sheriff's department shall ask the age of an apparent offender and their reason for being on the premises or property. The deputy shall not issue a citation or make an arrest unless the deputy reasonably believes that an offense has occurred and that none of the exceptions set forth in section 9.12.040 or 9.12.050 apply. For violations of the nighttime curfew in section 9.12.020, the deputy shall transport or detain the minor in accordance with the provisions in Welfare and Institutions Code § 625.5.

(Code 1981, § 9.12.080; Ord. No. 346, § 2(part), 1999)

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.

(Code 1981, § 9.12.090; Ord. No. 346, § 2(part), 1999)

See Welfare and Institutions Code § 625.5.