Rocklin Municipal Code Ch. 9.28 Curfew Hours for Minors

For the purpose of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their content that a different meaning is intended:

A. "Curfew hours" means eleven p.m. on any day until five a.m. of the following day.

B. "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.

C. "Establishment" means any privately owned place of business operated for a profit which the public is invited, including but not limited to, any place of amusement or entertainment.

D. "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.

E. "Minor" means any person under eighteen years of age.

F. "Parent" means a person who is:

1. A natural parent, adoptive parent or step-parent of another person; or

2. A responsible adult at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

G. "Public place" means any public street, highway, road or alley; any public park, playground, or other public grounds; and any other outdoor place, including off-street parking areas and vacant lots, whether publicly or privately owned.

H. "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. 777 § 2 (part), 1998: Ord. 713 § 1 (part), 1995).

A. It is unlawful for any minor to be present in or upon any public place, or within or on a parked motor vehicle located in or upon a public place, within the city during curfew hours.

B. It is unlawful for any minor to fail to leave any public place within the city when requested to do so by a peace officer or the owner, operator or person in control of the public place, during curfew hours.

C. It is unlawful for any parent or guardian of any minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place within the city during curfew hours.

(Ord. 777 § 2 (part), 1998: Ord. 713 § 1 (part), 1995).

The offenses listed in section 9.28.020 are limited and shall not apply in 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 engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

D. When the minor is involved in an emergency;

E. When the minor is attending an official school, religious, community, or other organized and supervised outdoor recreational activity, such as a movie, play, concert or sporting event, or going to or returning home from such activity without any detour or stop. The aforementioned activity shall be supervised by adults and sponsored by the city of Rocklin, the Rocklin unified school district, a civic or religious organization, or another similar entity that takes responsibility for the minor;

F. When the minor is returning home from an establishment or other indoor location without any detour or stop;

G. When the minor is or has been emancipated in accordance with California Family Code Section 7000 et seq.;

H. In a motor vehicle involved in interstate or intrastate travel;

I. On the sidewalk abutting the minor's residence;

J. Exercising First Amendment rights protected by the United States Constitution.

(Ord. 777 § 2 (part), 1998: Ord. 713 § 1 (part), 1995).

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 during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no limitation as described in Section 9.28.030 is present or applicable.

(Ord. 777 § 2 (part), 1998).

Violations of this chapter shall be a misdemeanor, but may be charged as either a misdemeanor or an infraction in the discretion of the prosecuting attorney.

(Ord. 777 § 2 (part), 1998: Ord. 713 § 1 (part), 1995).

In addition to the provisions of state law and this code relating to the enforcement of city ordinances, this chapter may be enforced under the provisions of the city of Rocklin resolution implementing the provisions of Welfare and Institutions Code § 625.5.

(Ord. 777 § 2 (part), 1998: Ord. 713 § 1 (part), 1995).