Sacramento Municipal Code Ch. 9.40 Curfew

For purposes of this chapter:

"Curfew hours" means between the hours of ten p.m. and six a.m. of 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 to which the public is invited, including, but not limited to, any place of amusement, entertainment, dining or shopping.

"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 which whom a minor has been placed by a court.

"Parent" means a person who is:

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

2. 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" 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, sidewalks, parks, malls, playgrounds, alleys, roads and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

"Remain" means to:

1. Linger or stay; 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.

"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. 97-072 § 2; prior code § 24.04.041)

A. It is unlawful and a misdemeanor for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours. A minor shall not be in violation of this section if the minor is:

1. Accompanied by the minor's parent or guardian;

2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

3. In a motor vehicle involved in interstate travel;

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

5. Involved in an emergency;

6. 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;

7. Attending an official school function, religious function, or an organized dance or sporting event, or other recreational or cultural activity supervised by adults and sponsored by the city, 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 function, a religious function, or an organized dance or sporting event, or other recreational or cultural activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

9. Emancipated pursuant to law.

B. It is unlawful and a misdemeanor for any parent or guardian of a minor to permit or allow such minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

C. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the establishment or public place. 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 the response and other circumstances, no exception set forth in subsection A of this section applies. (Ord. 97-072 § 2; prior code § 24.04.042)

A. Any minor violating the provisions of Section 9.40.020 of this section is guilty of a misdemeanor and shall be dealt with in accordance with juvenile court law and procedure.

B. Any parent violating the provisions of Section 9.40.020 of this section is guilty of a misdemeanor, and upon conviction thereof shall be punished as follows:

1. For the first conviction be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00), or be confined in the county jail not more than ten (10) days, or punished by both such fine and imprisonment;

2. For the second conviction, occurring within one year from the date of the first conviction, be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), or be confined in the county jail not more than thirty (30) days, or punished by both fine and imprisonment; and

3. For each subsequent conviction, within one year of the date of the first conviction, be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or be confined in the county jail not more than ninety (90) days, or punished by both such fine and imprisonment. (Ord. 97-072 § 2; prior code § 24.04.043)