San Rafael Municipal Code Ch. 8.08 Curfew for Minors

It is unlawful for any minor under the age of eighteen years to remain or loiter in any public street, public square, park or any public place between the hours of eleven p.m. and daylight of the following day; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult having the care and custody of the minor.

(Ord. 929 § 1, 1969: Ord. 618).

Any person assisting, aiding, abetting, permitting or encouraging any minor under the age of eighteen years to violate any of the provisions of this chapter is guilty of a misdemeanor.

As used in this chapter, the word "permitting" is not limited to its affirmative meaning, but includes negative action implying no affirmative act and involving no intent, but shall include passivity or abstaining from preventive action; as used in this chapter, the word "permitting" means to allow to be done, either by consent or by not prohibiting; as used herein, the word "permitting" also means to give an opportunity to a minor under the age of eighteen years who will take advantage of the opportunity unless restrained. The word "permitting" as used in this chapter also means allowing, or acquiescing, or acquiescing by failing to prevent, or conceding or granting, or giving leave, or suffering, or tolerating, or sanctioning.

(Ord. 618).

Each owner, agent, manager, or keeper of a hotel, boardinghouse, lodginghouse, tenement house, apartment house or motor court shall immediately report to the chief of police the presence therein of any and all minors who he or she has reason to believe to be under the age of eighteen years; providing, however, that the provisions of this section do not apply when the minor or minors is or are accompanied by a parent, guardian, or other adult person having the care and custody of the minor or minors. In making the report to the office of the chief of police, the name, age, last known place of abode, the names and residences of the parents, guardians or other custodians of the minor or minors shall be stated, and shall include such other or further information as can be ascertained from the minor or minors or otherwise.

(Ord. 618 (part)).

It is unlawful within the city for any proprietor, keeper, clerk or any other person having charge or control of any cafe, tavern, restaurant, bar, eating place or public dance hall to permit any person under the age of eighteen years to remain in the public places enumerated in this section between the hours of eleven p.m. and daylight immediately following; provided, that the provisions of this section do not apply to a minor or minors accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor.

(Ord. 618 (part)).

It is unlawful for any person under the age of eighteen years to operate a motor vehicle or ride in or on a motor vehicle about the public streets, alleys, avenues, parks, public squares, or any other public places between the hour of eleven p.m. and the time of sunrise of the following day when not accompanied by his or her parent or legal guardian having legal custody and control of the person, or other adult person having the care and custody of the person; provided, however, that the provisions of this section do not apply to any such person who shall be operating or riding in a motor vehicle engaged in gainful employment, or upon an emergency errand, or on legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the person. The chief of police is empowered and authorized to impound any motor vehicle which is being operated or used in violation of this chapter.

(Ord. 618 (part)).

Any minor who violates any of the provisions of this chapter is guilty of a misdemeanor and subject to the provisions of Chapter 2, Division 2 of the Welfare and Institutions Code of the state of California.

(Ord. 618 (part)).

Any person other than a minor who violates any of the provisions of this chapter is guilty of a misdemeanor.

(Ord. 618 (part)).