Rancho Santa Margarita Municipal Code Ch. 6.04 Curfew for Children

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:

Curfew hours means the period from 11:00 p.m. any evening of the week until 6:00 a.m. the following day.

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, 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 either a person who, under court order, is the guardian of the person of a minor or a public or private agency with which a minor has been placed by a court.

Minor means any person under 18 years of age who is not on active duty in the armed forces of the United States nor otherwise emancipated pursuant to the law.

Operator means any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment.

Parent means a person who is a natural parent, adoptive parent, or step-parent of another person.

Public place means any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain means to linger, stay, or be present, or to fail to leave the premises when requested to do so by a peace officer or the owner, operator, or other person in control of the premises.

Responsible adult means a person at least 18 years of age authorized by a parent or guardian to have the care and custody of a minor.

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

(Ord. No. 98-5, § 1(3-6-1), 4-21-1998)

(a) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

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

(c) It is a defense to prosecution under section 6.04.020 that the minor is:

(1) Accompanied by the minor's parent or guardian, or by a responsible adult;

(2) On an errand at the direction of the minor's parent or guardian, or a responsible adult, 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;

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization 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 supervised by adults and sponsored by a public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor; or

(8) Exercising First Amendment rights protected by the United States Constitution.

(d) Each violation of this section shall constitute a separate offense.

(Ord. No. 98-5, § 1(3-6-2), 4-21-1998)

(a) Every law enforcement officer is hereby authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating Section 6.04.020 and is not exempted under subsection (c) of section 6.04.020 that such person give his or her name, address, and the name of his or her parent(s), guardian(s) or other responsible adult(s), if any, who has or have the care and custody of such person, and furnish proof of his or her age and that he or she meets any of the provisions of section 6.04.020(c).

(b) If, after demanding the information described in subsection (a) above, the officer still has reasonable cause the believe the person is a minor violating Section 6.04.020 without meeting any of the provisions of Section 6.04.020(c), the officer is hereby authorized and empowered to take any or more than one of the following actions:

(1) To issue a warning to such person and his or her parent(s) or guardian(s) about the consequences of violation of Section 6.04.020;

(2) To take such person into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult;

(3) To communicate with the parent(s) or guardian(s) of such person and demand from any of them the information described in subsection (a) of this section;

(4) To communicate with the parent(s) or guardian(s) of such person and demand of any of them that he or she take the person to the person's residence or to any place where the person will be supervised by a responsible adult;

(5) To issue to such person a notice to appear before the juvenile court, a juvenile court referee, or a juvenile traffic hearing officer, as appropriate;

(6) To take such person into temporary custody in accordance with Welfare and Institutions Code Section 625, as limited by Welfare and Institutions Code Section 207;

(7) To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the officer to safeguard the well being of such person.

(c) A law enforcement officer shall not take any of the enforcement actions described in subsection (b) of this section unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating Section 6.04.020 and, based upon any responses and other circumstances, has no defense under Section 6.04.020(c).

(Ord. No. 98-5, § 1(3-6-3), 4-21-1998)

It is unlawful for any parent or guardian to fail to take a minor to his or her residence or to a place where he or she will be supervised by a responsible adult when so demanded by any law enforcement officer in accordance with Section 6.04.030.

(Ord. No. 98-5, § 1(3-6-4), 4-21-1998)

It is unlawful for a parent or guardian to leave a minor under the age of 14 years at the minor's residence or at any other place without the supervision of a competent and responsible person between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

(Ord. No. 98-5, § 1(3-6-5), 4-21-1998)

Any person violating the provisions of Sections 6.04.020, 6.04.040 or 6.04.050 shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with law.

(Ord. No. 98-5, § 1(3-6-7), 4-21-1998)

State Law reference— Arnold-Kennick Juvenile Court Law, Welfare and Institutions Code § 200 et seq.)