Redding Municipal Code Ch. 10.50 Juvenile Curfew and Daytime Loitering on School Days

For purposes of this chapter:

"Adult" means any person eighteen years of age and older.

"Curfew hours" means the period from eleven p.m. any evening of the week, until six a.m. the following day.

"Emergency" means and includes, but is not limited to, fire, natural disaster, automobile accident, or requirement for immediate medical care for another person.

"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.

"Juvenile" means any person under eighteen years of age.

"Parent" means a person who is the natural, step or adoptive parent of a person. "Parent" includes a court-appointed guardian or other person eighteen years of age or older authorized by the parent, by a court order, or by a court-appointed guardian to have the care and custody of the person.

"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, office buildings, transport facilities, shopping centers, and malls.

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

(Ord. 2413 § 2, 2008: prior code § 19-17)

A. It is unlawful for any juvenile to loiter, idle or wander upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place during curfew hours.

B. It is unlawful for any parent or guardian of a juvenile knowingly to permit, or by insufficient control to allow, the juvenile to loiter, idle or wander upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place during curfew hours.

(Ord. 2413 § 3 (part), 2008)

A. It is unlawful for any juvenile who is subject to compulsory education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of eight-thirty a.m. and one-thirty p.m. on any day and at a time when school is in session for that juvenile.

B. Except for a student verified to be participating in an accredited home school program, it is unlawful for any juvenile who is subject to a compulsory alternative education program to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of eight-thirty a.m. and one-thirty p.m. on any day and at a time when that juvenile would otherwise be required to attend a regular compulsory education school.

C. It is unlawful for the parent of any juvenile to knowingly permit or by insufficient control allow the juvenile to be in violation of Section 10.50.020 or this section.

(Ord. 2413 § 3 (part), 2008)

Sections 10.50.020 and 10.50.030 shall not apply to any circumstance when the juvenile is:

A. Accompanied by the juvenile's parent or guardian, or by a responsible adult;

B. On an errand at the direction of the juvenile's parent or guardian, or the responsible adult, without any detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

E. Involved in an emergency;

F. On the sidewalk abutting the juvenile's residence;

G. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Redding, a civic organization, or another similar entity that takes responsibility for the juvenile;

H. Exercising First Amendment rights protected by the United States Constitution; or

I. Emancipated pursuant to law.

(Ord. 2413 § 3 (part), 2008)

A. Upon any violation of Section 10.50.020 or 10.50.030, a peace officer may issue a citation to the juvenile and may transport the juvenile home or to the school from which the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parent shall be advised of the fact that the juvenile was cited for a violation of Redding Municipal Code Section 10.50.020 or 10.50.030. The parents shall be warned of their responsibility and liability as the juvenile's parents.

B. If a parent has been previously warned as set forth in subsection A of this section, upon a parent's first violation of Redding Municipal Code Section 10.50.020(B) or 10.50.030(C), a peace officer may issue a citation for an infraction to the parent to appear in court.

C. When a parent has previously been issued a citation for an infraction as set forth in subsection B of this section, upon any subsequent violation by a parent of Section 10.50.020(B) or 10.50.030(C), a peace officer may issue a citation for a misdemeanor to the parent of the juvenile to appear in court.

(Ord. 2413 § 3 (part), 2008)

A. Any person convicted of an infraction for violation of Redding Municipal Code Section 10.50.020 or 10.50.030 may be punished by a fine not exceeding two hundred fifty dollars or by a requirement to perform city, county or school approved projects or community service, or both. If required to perform a project, the total time for performance shall not exceed twenty hours over a period not to exceed sixty days, during times other than a juvenile's hours of school attendance or a juvenile or parent's hours of employment.

B. Any parent convicted of a misdemeanor violation of Section 10.50.020(B) or 10.50.030(C) may be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.

(Ord. 2413 § 3 (part), 2008)