Chapter 1 — CURFEW REGULATIONS

Sections:

6-3000 - FINDINGS.

The Board of Supervisors finds and declares that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of eighteen (18) in the unincorporated area of San Joaquin County. The Board of Supervisors finds that persons under the age of eighteen (18) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. The Board of Supervisors finds that there is a need 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. The Board of Supervisors further finds that a curfew for those under the age of eighteen (18) will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing compelling objectives and to diminish the undesirable impact of such conduct on the citizens of the County of San Joaquin. It is the intent of the Board of Supervisors to enact a curfew that is narrowly tailored to address the aforestated compelling interests of the County of San Joaquin without infringing upon the constitutional rights of minors.

(Ord. 3856 § 1 (part), 1995)

6-3001 - DEFINITIONS.

Whenever herein the following terms are used, they shall have the meaning ascribed to them in this section, unless otherwise apparent by the context:

"Adult" means any person at least eighteen (18) years of age.

"Amusement activity" means an official school, religious, or other organized recreational activity supervised by adults. This term includes, but is not limited to, dances, plays, motion pictures, and sporting events.

"Curfew hours" means from eleven p.m. until six a.m. on 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, an 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 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 the person of a minor; or

(2)

A public or private agency or person with whom a minor has been placed by a court.

"Legitimate activity" means:

(1)

Accompanied by the minor's parent or guardian; or

(2)

On an errand at the direction of the minor's parent or guardian; or

(3)

In a motor vehicle involved in interstate travel; or

(4)

Engaged in an employment activity; or

(5)

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

(6)

Involved in an emergency; or

(7)

On a sidewalk or area abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Sheriff's Department about the minor's presence.

"Minor" means any person under the age of eighteen (18) years, but shall not include a person who is married or had been married, or who had been emancipated in accordance with Part 6 of Division 10 of the California Family Code.

"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and employees of a corporation.

"Parent" means a person who is:

(1)

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

(2)

At least eighteen (18) years of age and authorized by a parent or guardian to have 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, parks, 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 or an establishment when requested to do so by a peace officer or the owner, operator, or other person in control of the premises or establishment.

"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. 3856 § 1 (part), 1995)

6-3002 - PERSONS UNDER EIGHTEEN YEARS OF AGE, RESTRICTED; EXCEPTIONS.

It shall be unlawful for any minor to remain in or upon any public place within the unincorporated area of San Joaquin County during curfew hours, as defined in this chapter, unless such minor is accompanied by a parent, guardian or other adult person having the care, control or custody of said minor. Violation of the provisions of this chapter may be prosecuted as either an infraction or a misdemeanor. This section shall not apply to a minor who is actively proceeding to or from any establishment, amusement activity, worship, or legitimate activity, or participating in any amusement activity, worship, or legitimate activity.

(Ord. 3856 § 1 (part), 1995)

6-3003 - ENFORCEMENT.

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender's age and reason for being in the public place. The peace officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based upon any response and other circumstances, no exception to the applicability of this chapter is present.

(Ord. 3856 § 1 (part), 1995)

6-3004 - PARENTAL RESPONSIBILITY.

Because this chapter establishes a curfew as set forth in Welfare and Institutions Code Section 601, subdivision (a), any person who causes, encourages, or contributes to a minor's violation of curfew regulations is subject to punishment pursuant to Section 272 of the Penal Code.

(Ord. 3856 § 1 (part), 1995)

6-3005 - PENALTY.

Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile court law and procedure.

(Ord. 3856 § 1 (part), 1995)