Roseville Municipal Code Ch. 10.70 Curfew

It is the intent of this section to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities. However, it is not the purpose of this section to prohibit otherwise lawful activity nor infringe legally protected rights of minors and parents.

(Ord. 1963 § 1, 1986; Ord. 3179 § 1, 1998)

The following definitions are applicable to this chapter:

Curfew hours.

The period from 10:00 p.m. any night until 6:00 a.m. the following morning.

Emergency.

Unforeseen circumstance or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent injury or loss of life.

Establishment.

Any privately-owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

Guardian.

(1) A person who, under court order, is the guardian of the minor; or (2) a public or private agency with whom the minor has been placed by the court.

Minor.

Any person under 18 years of age.

Operator.

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

Parent.

A person who is the natural parent, adoptive parent or step-parent of a minor.

Public place.

Any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain.

(1) To linger, stay or be present; or (2) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.

Responsible adult.

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

(Ord. 3179 § 2, 1998)

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, unless accompanied by his or her parent, guardian, or responsible adult.

(Ord. 3179 § 2, 1998)

It shall not be a violation of the curfew established in this chapter if a minor is:

A. On an errand at the direction of his or her parent, guardian, or responsible adult, without detour or delay;

B. Involved in an activity with the permission or his or her parent, guardian, or responsible adult. Examples include, but are not limited to:

1. Social activity or meeting organized by adults

2. Movie theater

3. Eating establishment

4. Recreational or sports activity

5. Educational activity

6. Astronomical activity

7. Dance

8. Audition or interview

C. Responding to an emergency situation.

D. In a motor vehicle while engaged in intrastate or interstate travel.

E. Engaged in employment as required by some legitimate business, trade, profession, newspaper route, or occupation, or going to or returning home from employment, without detour or delay.

F. On the sidewalk adjacent to the minor’s residence with the permission of his or her parent, guardian or responsible adult.

G. Returning directly home without detour or delay by vehicle, public transportation, bicycle, walking or any other form of transportation.

H. Traveling to another residence with the permission of the minor’s parent, guardian, or responsible adult, without detour or delay.

I. Present at, or traveling to and from without detour or delay, any religious, expressive, or associative activity protected by the First Amendment.

J. Married pursuant to law.

K. Emancipated pursuant to law.

(Ord. 3179 § 2, 1998)

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and based upon the minor’s response and other circumstances, no exception under this chapter appears present or applicable.

(Ord. 3179 § 2, 1998)

Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed. A violation of this chapter shall result in a misdemeanor.

(Ord. 3179 § 2, 1998)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council of the City of Roseville hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.

(Ord. 3179 § 2, 1998)