San Clemente Municipal Code Ch. 9.12 Curfew

As used herein, the following words and phrases shall have the meanings ascribed:

"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, and any other situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment" means 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" means (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with which a minor has been placed by a court.

"Minor" means any person under eighteen (18) years of age who is not on active duty in the armed forces of the United States nor otherwise emancipated pursuant to the law.

"Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.

"Parent" means a person who is a natural parent, adoptive parent, or stepparent 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 (i) linger, stay, or be present; or (ii) fail to leave the premises when requested to do so by a peace officer or by the owner, operator, or other person in control of the premises.

"Responsible adult" means a person at least eighteen (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.

(Ord. 1211 § 1, 1998: prior code § 16-1)

A. .....Except as provided in Section 9.12.030, it is unlawful for any minor to remain in any public place or on the premises of any establishment within the city between the hours of eleven (11:00) p.m. and six (6:00) a.m.

B. .....Except as provided in Section 9.12.030, it is unlawful for any parent, guardian, or responsible adult 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 between the hours of eleven (11:00) p.m. and six (6:00) a.m.

C. .....Each violation under this chapter shall constitute a separate offense.

(Ord. 1211 § 2, 1998: prior code § 16-2)

The provisions of this Chapter 9.12 shall not apply if any of the following apply:

A. The minor is accompanied by his or her parent(s) or legal guardian, or by a responsible adult; or

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

C. The minor is involved in an emergency; or

D. The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by a public entity, a civic organization that takes responsibility for the minor, or is 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 public entity, a civic organization, or another similar entity or organization that takes responsibility for the minor; or

E. The minor is engaged in lawful employment activity or is going to or returning home from a lawful employment activity without any detour or stop; or

F. The minor is in a motor vehicle involved in interstate travel; or

G. The minor is exercising rights protected by the First Amendment of the United States Constitution, such as freedom of speech or free exercise of religion; or

H. The minor is on the sidewalk or parkway adjacent to his or her residence.

(Ord. 1211 § 4, 1998)

A. .....Every law enforcement officer is hereby authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating the provisions of this Chapter 9.12 that such person provide to the officer such person's name and address and the name of his or her parent(s), guardian(s), or other responsible adult(s), if any, who has the care and custody of such person, and that such person furnish proof of his or her age and, if in fact such person is a minor, that he or she comes within the provisions of Section 9.12.030.

B. .....If, after demanding the information described in subsection A of this section, the officer still has reasonable cause to believe the person is a minor who is violating Section 9.12.020, the officer is hereby authorized and empowered to take any or more of the following actions:

1. To issue a warning to such person and his or her parent(s) or guardian(s) about the consequences of violation of this chapter; or

2. To take such person into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult; or

3. To communicate with the parent(s) or guardian(s) of such person and demand from any of them the information described in subsection A of this section; or

4. To communicate with the parent(s) or guardian(s) of such person and demand of any of them that he or she take the person to the person's residence or any place where the person will be supervised by a responsible adult; or

5. To issue to such person a notice to appear before Juvenile Court, a Juvenile Court referee, or a juvenile traffic hearing officer, as appropriate; or

6. To take such person into temporary custody in accordance with the Code of the City of San Clemente; or

7. To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the officer to safeguard the well being of such person.

C. .....A law enforcement officer shall not take any of the enforcement actions described in subsection B of this section unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating subsection A of Section 9.12.020 and, based upon any responses and other circumstances, has no defense under the provisions of this chapter.

(Ord. 1211 § 5, 1998)

It is unlawful for any parent or guardian of a minor to fail to take the minor to his or her residence or to a place where he or she will be supervised by a responsible adult when so demanded by any law enforcement officer in accordance with subsection (B)(4) of Section 9.12.040.

(Ord. 1211 § 6, 1998)

A. .....No person shall remain or be in any municipal park between the hours of ten (10:00) p.m. and six (6:00) a.m. except as provided below.

B. .....No person shall remain or be in Richard T. Steed Memorial Park between the hours of twelve (12:00) midnight and six (6:00) a.m.

C. .....No person shall remain or be in Park Semper Fi after sunset and before sunrise.

D. .....No person shall remain or be in any of the following municipal parks between the hours of twelve (12:00) midnight and four (4:00) a.m.: Linda Lane Park; Parque Del Mar; and T-Street Park.

E. .....No person shall remain or be on any municipal trail from sunset to sunrise except as noted below. For the purposes of this section, the term "municipal trail" shall mean any trail identified in the City of San Clemente General Plan.

F. .....No person shall remain or be on the San Clemente Coastal Trail, from the northern terminus at North Beach to the South T-Street restroom building, between the hours of twelve (12:00) midnight and four (4:00) a.m., and no person shall remain or be on the San Clemente Coastal Trail, from the South T-Street restroom building to the southern terminus at Calafia Beach parking lot, between the hours of ten (10:00) p.m. and six (6:00) a.m.

G. .....Appropriate notices shall be posted to inform the public of the curfew set forth in this section. In the event special circumstances warrant, the City Manager, in his or her discretion, may modify the hours of curfew for approved events and activities.

H. .....No vehicle will remain parked in any City park parking lot past the posted curfew set forth in this section, or said vehicle shall be removed pursuant to California Vehicle Code Section 22651 sub.(n).

(Ord. No. 1570, §§ 1, 2, 9-17-13; Ord. 1338 § 1, 2007; Ord. 1335 §§ 1—3, 2007; Ord. 1329 §§ 1-3, 2007; Ord. 1211 § 3, 1998; Ord. 1149 § 1, 1995: prior code § 16-2.1)

It shall be unlawful for any person to violate violating the provisions of this chapter. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. 1211 § 7, 1998; Ord. No. 1664, § 27, 9-18-2018)