San Diego Municipal Code Div. 1 Curfew Regulations

(“Curfew” added 6-18-1997 by Emergency Ordinance O-18415 N.S.) (“Curfew” added 7-1-1997 by O-18416 N.S.) (Repealed former Division 1 “Curfew” and added new Division 1 “Curfew Regulations” 2-22-2010 by Emergency Ordinance O-19932 N.S.)

All defined terms in this Division appear in italics. For purposes of this Division, the following definitions apply:

Curfew Hours means the period from 10:00 p.m. any evening of the week, until
6:00 a.m. 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, natural
disaster, an automobile accident or any situation requiring immediate action to
prevent serious bodily injury or loss of life. “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.

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

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

Minor means any person under eighteen (18) years of age.

Parent means a person who is a natural parent, adoptive parent, or step-parent 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. Ch. Art. Div.
5 8 1 1

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (2-2010)

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. (Amended 7-1-1997 by O-18416 N.S.) (Repealed “Definitions for Curfew Provisions” and added “Definitions for Curfew Regulations” 2-22-2010 by O-19932 N.S.; effective 2-22-2010.)

(a) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of San Diego during curfew hours.

(b) It is unlawful for any parent or guardian of a minor knowingly to permit, or
by insufficient control to allow, the minor to be present in any public place or
on the premises of any establishment within the City of San Diego during
curfew hours.

(c) It is a defense to prosecution under section 58.0102(a) or (b) that the minor
was:

(1) accompanied by the minor’s parent or guardian, or by a responsible
adult;

(2) on an errand at the direction of the minor’s parent or guardian, or the
responsible adult, 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;

(7) attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of San Diego, 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, religious, or other recreational activity supervised
by adults and sponsored by the City of San Diego, a civic

Ch. Art. Div. 5 8 1 2 organization, or another similar entity that takes responsibility for the minor;

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (2-2010)

(8) exercising First Amendment rights protected by the United States
Constitution, or going to or returning home from, without any detour
or stop, the exercising of those First Amendment rights;

(9) travelling from an activity listed in section 58.0102(c) to another
activity listed in section 58.0102(c), without any detour or stop; or

(10) emancipated pursuant to law.

(d) 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 or on the premises of the establishment 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 defense under section 58.0102(c) is present or applicable.

(e) Each violation of this section shall constitute a separate offense.
(Amended 7-1-1997 by O-18416 N.S.)
(Repealed “Curfew Restrictions” and added “Curfew Regulations” 2-22-2010 by
O-19932 N.S.; effective 2-22-2010.)

Any person violating the provisions of section 58.0102 shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Renumbered from Section 58.01.2 on 7-1-1997 by O-18416 N.S.) (Repealed former Section “Penalty” and added “Penalty” 2-22-2010 by O-19932 N.S.; effective 2-22-2010.)

Ch. Art. Div.
5 8 1 3

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (9-2001)

Article 8: Minors