Redondo Beach Municipal Code Ch. 8 Minors

Note: Chapter 8, as added by Ordinance No. 1111, and amended by Ordinance No. 1151, Ordinance No. 1857 c.s., effective November 18, 1964, Ordinance No. 1930 c.s., effective March 22, 1967, Ordinance No. 1956 c.s., effective January 3, 1969, Ordinance No. 2006 c.s., effective October 22, 1969, Ordinance No. 2519 c.s., effective November 17, 1988 and Ordinance No. 2747 c.s., effective September 14, 1995 was completely amended by Ordinance No. 2811 c.s., effective November 20, 1997, which removed Sections 4-8.01 through 4-8.11 and added Sections 4-8.01 through 4-8.07.

For the purposes of this chapter:

Curfew hours, daytime.

"Daytime curfew hours" means for minors subject to compulsory education or compulsory continuing education, the period from 8:30 a.m. until 3:00 p.m. on any day in which such minor's school is in session.

Curfew hours, nighttime.

"Nighttime curfew hours" means the period from 10:00 p.m. any evening of the week, until 5:00 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, 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: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court.

"Minor"

means any person under 18 years of age.

"Parent"

means a person who is a biological 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 and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"Remain"

means to (1) linger, stay unnecessarily, tarry or continue in the same course of conduct; or (2) fail to leave premises when requested to do so by a police 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.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999, and § 1, Ord. 2850 c.s., eff. July 20, 2000)

(a) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the City, or to be in violation of any Education Code provision, including but not limited to Section 48200, during the daytime curfew hours of 8:30 a.m. until 3:00 p.m. on any day in which such minor's school is in session.

(b) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the City during the nighttime curfew hours of 10:00 p.m. until 5:00 a.m. the following day.

(c) It is unlawful for any parent or guardian 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 daytime and nighttime curfew hours, or to be in violation of any Education Code provision, including but not limited to Section 48200, during daytime curfew hours.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999, § 1, Ord. 2841 c.s., eff. October 7, 1999, and § 2, Ord. 2850 c.s., eff. July 20, 2000)

It is a defense to prosecution under Section 4-8.02 (a) or (b) that the minor was:

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

(b) On a legally permissible errand at the direction of the minor'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 minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(g) Is legally enrolled in a sponsored home schooling program administered through a school district, or legally enrolled in a sponsored home schooling program administered by a parent, guardian, or their designee;

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

(i) Given permission to leave campus for lunch and has in his or her possession a valid, school-issued, off-campus permit; or

(j) Traveling between his or her home and a medical appointment without any detour or stop;

(k) 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; or

(l) Emancipated pursuant to law;

(m) When the minor is authorized to be absent from his or her school pursuant to the provisions of the California Education Code, any policy adopted by the governing board of the minor's school district, or any other applicable provision of state or federal law.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception in Section 4-8.03 is present or applicable.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999)

Nothing in this chapter shall be construed as in any way limiting the power or right of law enforcement officers to make such investigations, detentions, or arrests as such law enforcement officers would be permitted to make under the provisions of this Code or under the provisions of State laws.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999)

Each violation of this chapter shall constitute a separate offense.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999)

When a minor is detained by the Police Department under the provisions of this chapter and convicted of a violation of this chapter, the parent(s), guardian(s) or other adult person(s) having custody of the minor are jointly and severally liable with the minor for the cost of providing supervision and detention of the minor by the Police Department.

(§ 1, Ord. 2811 c.s., eff. November 20, 1997 as amended by § 1, Ord. 2832 c.s., eff. June 17, 1999)