Chapter 10.28

YOUTH PROTECTION CURFEW ORDINANCE

Parts:

• 1 Definitions

• 2 Regulations

Part 1

DEFINITIONS

Sections:

10.28.010 Definitions.

10.28.020 Curfew hours.

10.28.030 Emergency.

10.28.040 Establishment.

UNLAWFUL SOLICITING

Sections:

10.28.050 Guardian.

• 10.28.060 Minor.

• 10.28.070 Parent.

• 10.28.080 Public place.

• 10.28.090 Serious bodily injury.

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SAN JOSÉ CODE

§ 10.28.010

The definitions set forth in this part shall govern the application and interpretation of this chapter.

"Minor" means any person under eighteen years of age.

(Ords. 24648, 25397.)

(Ords. 24648, 25397.)

"Curfew hours" means:

• A. The hours between 10:00 p.m. to 5:00 a.m. for minors under the age of sixteen years; or

• B. The hours between 11:30 p.m. to 5:00 a.m. for minors under the age of eighteen years.

(Ords. 24648, 24826, 25397.)

"Emergency" means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. 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.

(Ords. 24648, 25397.)

"Establishment" means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation. (Ords. 24648, 25397.)

"Parent" means a person who is a natural parent, adoptive parent, or step-parent of a minor. (Ords. 24648, 25397.)

"Public place" means:

• A. Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and

• B. The out-of-doors common areas of establishments, including, but not limited to, entry ways and parking lots.

• (Ords. 24648, 25397.)

"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.

(Ords. 24648, 25397.)

Part 2

REGULATIONS

Sections:

"Guardian" means:

• A. A person who, under court order, is the guardian of the person of a minor; or

• B. A public or private agency with whom a minor has been placed by a court; or

• C. A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

(Ords. 24648, 25397.)

• A. It is unlawful for any minor under the age of sixteen years to be in any public place within the city during curfew hours, except as provided under Section 10.28.110.

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PUBLIC PEACE, MORALS AND WELFARE

• B. It is unlawful for any minor under the age of eighteen years to be in any public place within the city during curfew hours, except as provided under Section 10.28.110.

• (Ords. 24648, 24826, 25397.)

First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right to petition.

(Ord. 25397.)

A minor under the age of eighteen years shall not be in violation of this chapter if, at the time the minor was stopped by a police officer, the minor was:

• A. Accompanied by the minor's parent or guardian;

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

• C. Driving or riding in a motor vehicle or riding on public transportation;

• D. Engaged in a lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid employment activity, without detour or stop;

• E. Acting in response to an emergency;

• F. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

• G. Attending or going to or returning home, without detour or stop, from a school, religious, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity;

• H. Waiting at a train or bus station for transportation;

• I. Emancipated in accordance with the California Family Code or other applicable state law.

(Ords. 24648, 24826, 25397.)

Nothing in this chapter shall be interpreted to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the

• A. Before taking any enforcement action under Section 10.28.100, a police officer shall ask the apparent offender's age and reason for being in the public place.

• B. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that neither Section 10.28.120 nor any exemption under Section 10.28.110 applies.

• (Ords. 24648, 25397.)