San Luis Obispo County Municipal Code Ch. 7.22 Curfew for Minors

The following definitions shall apply to this chapter:

"Curfew hours" means:

(1) Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until five a.m. of the following day; and

(2) 12:01 a.m. until five a.m. on any Saturday or Sunday.

"Emergency" means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent 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 minor; or

(2) A public or private agency with whom a minor has been placed by a court.

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

"Parent" means a person who is a natural parent, adoptive parent or step-parent of a minor.

"Remain" means to (a) linger or stay; or (b) fail to leave a premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.

"Responsible adult" means a person at least twenty-one years of age and authorized by a parent or guardian to have the care and custody of a minor.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

It is unlawful for any minor to remain in any public place, or on the premises of any establishment within the county during curfew hours; provided however, that the provisions of this section do not apply:

(1) When the minor is accompanied by a parent, guardian, or other responsible adult;

(2) When the minor is on an errand directed by his or her parent, guardian, or other adult having legal responsibility for said minor, without detour or delay;

(3) When the minor is attending or returning directly to his or her home or other place of residence after having attended an official school, religious or other adult supervised recreational activity, without detour or delay;

(4) When the minor is engaged in employment, or going directly to his or her place of employment, or while returning directly to his or her home or other place of residence after having left his or her place of employment, without detour or delay;

(5) When the minor is involved in an emergency;

(6) When the minor is in a motor vehicle involved in intrastate or interstate travel;

(7) When the minor is on the sidewalk adjacent to the minor's residence provided the minor is not otherwise violating the law;

(8) When the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

(9) When the minor is legally emancipated.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

Upon the first violation of Section 7.22.020, a law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of this chapter. A representative of the agency issuing the citation shall mail to the parents or legal guardian of the minor a notification stating that upon a second violation, the parents or legal guardian may be held liable for actual administrative and transportation costs. The parents or legal guardian shall be required to sign and return the notification.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

Except as provided in Section 7.22.030, law enforcement personnel are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of Section 7.22.020, and to transport that minor to his or her place of permanent or temporary residence within the state, whether the place of residence is located within or outside of the jurisdiction, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating this chapter.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the governmental entity issuing the citation shall conduct a hearing, pursuant to Welfare and Institutions Code Section 625.5(e), as to the validity of the fees charged, and may waive payment of the fee, or provide for the performance of community service in lieu of the imposition of the fee, by the minor, his or her parents, or legal guardian upon a finding of good cause.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

It is unlawful for any parent, guardian, or any adult person having legal responsibility for a minor, to wilfully and knowingly permit or allow such minor to violate Section 7.22.020 of this chapter. Violators of this section shall be deemed guilty of an infraction.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)

If any section, subsection, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portion of this ordinance. The board of supervisors declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 2822 § 1 (part), 1998: Ord. 2772 § 1 (part), 1996)