Redwood City Municipal Code Art. I Curfew

For purposes of this Article, the following words, phrases, and terms shall have the meanings respectively ascribed thereto:

CURFEW HOURS:

A. Ten o'clock (10:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until six o'clock (6:00) A.M. of the following day during the months of September through May;

B. One minute after twelve o'clock (12:01) A.M. until six o'clock (6:00) A.M. on any Saturday or Sunday during the months of September through May; and

C. One minute after twelve o'clock (12:01) A.M. until six o'clock (6:00) A.M. every day of the week during the months of June through August.

EMERGENCY: An unforeseen circumstance or the effect thereof that calls for immediate action, including, but not limited to, a fire, a natural disaster, a motor vehicle accident, or other situation requiring immediate action to prevent serious bodily injury or loss of life.

GUARDIAN:

A. A person who, under court order, is the guardian of a minor; or

B. A public or private agency with whom a minor has been placed by a court.

MINOR: Anyperson under eighteen (18) years of age.

PARENT:

A. A natural, adoptive, or stepparent of another person; or

B. A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE: Any place to which the public has access, including, but not limited to, streets, sidewalks, highways, parks, the common areas of schools, hospitals, apartments, office buildings, malls, transportation facilities, and commercial stores.

REMAIN:

A. To linger, stay, or loiter, whether on foot or in a vehicle; or

B. To fail to leave premises when requested to do so by a police officer or the owner, operator, or person in control of the premises.

(Ord. No. 2135, § 3, 11-17-1997)

A. It shall be unlawful for a minor to remain in any public place within the City during curfew hours.

B. It shall be unlawful for a parent or guardian of a minor knowingly to permit, or by insufficient control allow, the minor to remain in any public place within the City during curfew hours.

(Ord. No. 2135, § 3, 11-17-1997)

The activities prohibited by Section 19.2 of this Article shall not be unlawful under the following circumstances:

A. When the minor is accompanied by the minor's parent or guardian;

B. When the minor is on an errand at the direction of the minor's parent or guardian, without any detour or stop;

C. When the minor is in a motor vehicle involved in interstate travel, or other travel not in violation of this Article;

D. When the minor is engaged in an employment activity, or going to or returning from an employment activity, without any detour or stop;

E. When the minor is involved in an emergency;

F. When the minor is on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to a peace officer or the Police Department about the minor's presence;

G. When the minor is attending an official school, religious, or other recreational activity sponsored by a civic, commercial, or other similar organization, that supervises the activity, or when a minor is going to or returning home from such activity, without any detour or stop;

H. When the minor is engaging in speech or religious rights protected by the constitutions of the United States of America or the State of California, such as the free exercise of religion, freedom of speech and the right of peaceful assembly; or

I. When the minor is married or has been emancipated in accordance with the Emancipation of Minors Law of the State of California [2].

(Ord. No. 2135, § 3, 11-17-1997)

Footnotes:

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Fam. C. § 7000 et seq.

Before initiating any enforcement action under this Section, a police officer or other duly authorized peace officer shall seek to ascertain the apparent offender's age and reason for being in the public place. The officer shall not issue a notice to appear (citation) or make an arrest under Section 19.2 of this Article unless the officer reasonably believes that an offense has occurred as provided in this Article.

(Ord. No. 2135, § 3, 11-17-1997)

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punishable as provided in Section 1.7 of this Code.

(Ord. No. 2135, § 3, 11-17-1997)