Part 2 — REGULATIONS

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.

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.)

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 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.

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.)