San Mateo County Municipal Code Ch. 3.04 Juvenile Curfew Regulations

For the purposes of this chapter, the following words and phrases shall be construed as follows:

(a) "Youth" means any person under the age of 18 and is synonymous with the term "juvenile" for the purposes of this chapter.

(b) "Curfew hours" means the hours between 11:00 p.m. and 5:00 a.m. on Sunday through Thursday night and between 12:00 midnight and 5:00 a.m. on Friday and Saturday night, and between 8:30 a.m. and 1:30 p.m. on days when the school in which the student is registered is in session, or, in the case of juveniles who are not currently registered in school, when schools in the district in which the juvenile resides are in session.

(c) "Parent" means a person who is the birth parent, adoptive parent or stepparent of another person.

(d) "Guardian" means:

(1) A person who, under court order, is the guardian of the person of a youth; or

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

(3) A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a youth.

(e) "Emergency" means an unforeseen combination of circumstances 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.

(f) "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, sidewalks, driveways, highways, private residences left open to the public without the presence of adult supervisors and the common areas of schools, hospitals, apartments, office buildings, parks, playgrounds, vacant lots and transportation facilities.

(g) "Loiter" means to stand idly about or linger aimlessly.

(h) "Remain" means to linger or stay or to fail to leave a public place when requested to do so by a police officer of the person in control of the public place.

(Ord. 3699, 1/23/96; Ord. 4000, 10/17/00)

(a) It shall be unlawful for a youth to loiter or remain in any public place during curfew hours.

(b) It shall be unlawful for a parent or guardian of a youth knowingly to permit, or by insufficient control to allow, the youth to loiter or remain in any public place during curfew hours.

(Ord. 3699, 1/23/96)

The activities prohibited by section 3.04.020 shall not be unlawful in the following circumstances:

(a) When the youth is accompanied by the youth's parent or guardian;

(b) When the youth is on an errand at the direction of the youth's parent or guardian, without any detour or stop;

(c) When the youth is in a motor vehicle involved in interstate travel or other travel not in violation of this chapter;

(d) When the youth is engaged in an employment activity, or is going to or returning home from an employment activity without any detour or stop;

(e) When the youth is involved in an emergency;

(f) When the youth is attending an official school, religious, recreational, educational, social or other organized activity sponsored by a City, County, School, District or other similar private civic organization which supervises the activity, or when the youth is going to or returning home from such an activity without any detour or stop;

(g) When the youth is going to or returning home from a private residence at which the youth was invited without any detour or stop;

(h) When the youth is engaged in a commercial activity or receiving commercial services on the premises of a business organization that supervises and permits the activity, or when a youth is going to or returning home from such activity or service without any detour or stop;

(i) When the youth is married or has been emancipated according to California Family Code section 7000, et seq.

(Ord. 3699, 1/23/96)

Before taking any enforcement action under this chapter, a Sheriff's Deputy or other law enforcement officer shall ask the apparent offender's age and reason for being in a public place during curfew hours. The officer shall not act to enforce this chapter unless the officer reasonably believes that an offense has occurred as provided in this chapter.

Whenever a youth is apprehended for violation of this chapter, he or she shall be taken forthwith to a specified drop-off center and detained there while his or her parent or guardian is contacted. While at the drop-off center, the youth will be evaluated by the arresting officer with regard to apparent drug or alcohol abuse or other social service needs and referred to appropriate social services.

Upon the second violation of this chapter within one year, the Sheriff's Deputy or law enforcement officer shall be authorized to cite the youth and/or his or her parents or guardians and to refer the youth to Juvenile Probation.

(Ord. 3699, 1/23/96)