Sanger Municipal Code § 38-127 Penalties, minors; cost recovery

Footnotes:

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Editor's note— Ord. No. 1120, § 2, adopted April 7, 2011, set out provisions intended for use as § 38-2. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 38-121—38-127.

This article shall be known and may be cited as the "Nighttime Curfew Ordinance."

(Ord. No. 1120, § 2(38-2.1), 4-7-11)

(a) This is an updating of the city's curfew ordinance enacted in 1993 as evidenced by former section 38-2 of the Sanger City Code which is being repealed by the adoption of this article.

(b) The City Council of the City of Sanger finds as follows:

(1) The nighttime curfew meets a local need and has been a significant factor in protecting juveniles from harm and in reducing juvenile crime.

(2) While parents and guardians have traditionally set curfews for their children, as a result of peer pressure, social trends and a decrease in parental supervision, many of our youth are at risk for delinquency and victimization. Juvenile peer pressure can play a significant role towards increasing the odds that a child will engage in activities that are delinquent in nature and behavior that places them at risk of becoming a victim. The peer pressure can be overwhelming at times and in many cases leads to impulsive and unhealthy decision making.

(3) The purpose of this Nighttime Curfew Ordinance is to continue to protect juveniles from harm, and to continue to reduce juvenile crime and violence occurring within the city. Additionally, the Nighttime Curfew Ordinance involves parents in the control of their children and furthers family responsibility, all for the public health, safety and welfare of the community.

(4) A continuation of the Nighttime Curfew Ordinance is necessary and desirable because the protection of minors warrants a higher degree of government regulation. This higher degree of regulation is premised upon a minor's greater vulnerability than adults and upon the minor's inability to make critical decisions in an informed and mature manner regarding the safety of themselves and others. Persons under the age of 18 are particularly vulnerable to becoming participants in unlawful activities, especially unlawful drug activities and gang activities, and to being victimized by older perpetrators of crime. The council recognizes a compelling interest in preserving the safety of the community generally and providing a high degree of protection for its minors, specifically during nighttime hours.

(5) Continuation of the city's Nighttime Curfew Ordinance is a means of early intervention and is focused on reducing the risks of juvenile delinquency and victimization through increased accountability for the juvenile and their parents and/or guardians.

(c) The council also finds that in adopting the exception and defense for a minor exercising its First Amendment rights, the council does not intend to make otherwise unlawful activity lawful. Further, the First Amendment exception and defense is intended to protect the genuine exercise of First Amendment rights such as the attendance at constitutionally protected public assemblies and the attendance at established religious observances.

(Ord. No. 1120, § 2(38-2.2), 4-7-11)

Unless the contrary is stated or clearly appears from the context, the following terms shall have the meanings ascribed to them in this article:

"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 profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

"Guardian" means: (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court.

"Minor" means any person under 18 years of age.

"Nighttime curfew hours" means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.

"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

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

"Public place" means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, common areas of schools, hospitals, apartment houses, office buildings, vacant or unimproved lots, places of amusement, and transport facilities and shops.

"Remain" means to: (a) linger, stay or be present; or (b) fail to leave the 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 18 years of age: (1) who is authorized by a parent or guardian to have the care and custody of a minor; (2) who, pursuant to that authority, assumes immediate charge and control of a minor; (3) who accepts responsibility for a minor's actions while in his/her care and custody; and (4) who is suitable and able to provide adequate and proper care of a minor. For purposes of this subsection, "suitable" and "able" shall have the same meanings as those terms are used in California law pertaining to guardianship and custodial rights.

(Ord. No. 1120, § 2(38-2.3), 4-7-11)

It shall be unlawful for:

(1) Any minor to remain in any public place or on the premises of any establishment within the city during nighttime curfew hours.

(2) Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during nighttime curfew hours.

(3) Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during nighttime curfew hours.

(Ord. No. 1120, § 2(38-2.4), 4-7-11)

(a) The following are exceptions and defenses to prosecution of a violation of section 38-124:

(1) The minor is accompanied by the minor's parent or guardian or by a responsible adult;

(2) The minor is on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;

(3) The minor is in a motor vehicle involved in interstate travel;

(4) The minor is engaged in employment, or going to or returning home from employment, without detour or delay;

(5) The minor is involved in an emergency;

(6) The minor is on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

(7) The minor is attending an official school, religious or other adult supervised recreational activity sponsored by the city, the local school district, a civic organization, or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay, providing the minor is not otherwise violating the law;

(8) The minor is attending assemblies or functions for the purpose of the exercise of free speech or religion, or going to or returning home from such an activity, without detour or delay, providing the minor is not otherwise violating the law;

(9) The minor is emancipated pursuant to law.

(b) In addition to the exceptions and defenses in subdivision (a), it is a defense to prosecution of any owner, operator or employee of an establishment under section 38-124(3) that the owner, operator, or employee promptly notified the police department that a minor is present on the premises of the establishment during nighttime curfew hours and the minor refused to leave.

(Ord. No. 1120, § 2(38-2.5), 4-7-11)

Before taking any enforcement action under this Nighttime Curfew Ordinance, a peace officer shall inquire as to the apparent offender's age and reason for being in a public place or on the premises of an establishment during nighttime curfew hours.

(Ord. No. 1120, § 2(38-2.6), 4-7-11)

Any person who violates a provision of the Nighttime Curfew Ordinance shall be subject to the penalties set forth in section 1-7 of the Sanger City Code. Minors shall be dealt with in accordance with California Welfare and Institutions Code and in accordance with any policies and procedures established by the city for handling juvenile cases. The city may recover its actual costs of administration and transportation services in connection with returning the minor to his or her place of residence, or to the custody of his or her parents or legal guardians, in accordance with California Welfare and Institutions Code § 625.5.

(Ord. No. 1120, § 2(38-2.7), 4-7-11)