Santa Ana Municipal Code § 10-175 Military service

Footnotes:

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Cross reference— Conditions under which permitted in pool halls, § 29-8.

The provisions of this article shall not apply to any minor in the military service of the United States.

(Code 1952, § 4246)

(a) No minor shall possess any firearm or ammunition in a public place.

(b) No person shall sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any firearm or ammunition to any person under the age of eighteen (18) years.

(c) For the purpose of this section, the term "firearm" means any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.

(d) For the purpose of this section, the term ammunition means any unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, or any device containing any explosive designed and intended for use in any firearm, or any device containing any explosive.

(e) Nothing in this section shall prohibit the possession of any firearm by a minor at a bona fide firing range or in an automobile vehicle while enroute to or from hunting any game animal that may be legally hunted under the provisions of the Fish and Game Code, provided said minor has the written permission of his parent or guardian to have such firearm or is accompanied by his parent or guardian while he has such firearm in his possession.

(Ord. No. NS-1485, § 1, 6-4-79)

Editor's note— Ord. No. 2791, §§ 3, 5, adopted August 17, 2009, redesignated the former sections 10-177 and 10-178 as sections 10-222—10-223.1. Formerly, sections 10-177 and 10-178 pertained to the sale and possession of pressurized paint cans, and public access to aerosol containers and large marker pens offered for sale in retail stores, respectively, and derived from Ord. No. NS-1542, § 1, adopted September 15, 1980; Ord. No. NS-1544, § 1, adopted October 6, 1980; Ord. No. NS-2189, § 1, adopted April 5, 1993, and Ord. No. NS-2720, § 5, adopted August 7, 2006. For similar provisions, the user's attention is directed to chapter 10, article IV.

The city council finds and determines as follows:

(1) The city, under the police power delegated to it by the Constitution of the State of California, has the authority to enact legislation when the potential exists for jeopardy to the public health, safety and general welfare of its citizens.

(2) The city council is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the city.

(3) The crimes committed by juveniles include serious offenses such as murders, drive-by shootings, drug related crimes and other gang related activity.

(4) The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper conduct increases with age, knowledge and experience, all of which are likely to increase as a person grows older, therefore the justification of the application of the curfew to minors, but not adults.

(5) Juveniles are particularly susceptible, by their lack of maturity and experience, to participation in unlawful and gang related activities and to be victims of older perpetrators of crime.

(6) Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours.

(Ord. No. NS-2360, § 1, 7-20-98)

As used in sections 10-181 through 10-187 of this Code, the following words shall have the following meanings:

Curfew hours means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. of the following day.

Direct means without stop or delay.

Emergency means any unforeseen event or combination of circumstances or the resulting state that calls for immediate attention. The term includes, but is not limited to, automobile accidents, fire, natural disaster, or any situation requiring immediate attention to prevent serious bodily injury or loss of life.

Establishment(s) means any privately owned place of business operated for profit to which the public is invited, and includes but is not limited to any place of amusement or entertainment.

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

Minor means any person who has not attained the age of eighteen (18) years.

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

Parent means the person who is a natural parent, adoptive parent, or step-parent of another person.

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, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters and shops.

Remain means to linger, sojourn, wait or stay; or fail to leave premises when requested to do so by a police officer, park ranger, or the owner, operator, or person in control of the premises.

Responsible adult means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor.

Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protected loss or impairment of the function of any bodily member or organ.

(Ord. No. NS-2360, § 2, 7-20-98)

(a) It is unlawful for any minor to be present and/or remain in any public place or on the premises of any establishment within the city during curfew hours.

(b) It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

(c) It is a defense to prosecution under subsections (a) and (b), above, that the minor was:

(1) Accompanied by the minor's parent or guardian, or by a responsible adult;

(2) On an errand at the direction of the minor's parent or guardian, or responsible adult, without any detour or stop;

(3) Involved in an emergency;

(4) Engaged in employment activity, or going to or returning from an employment activity, without any detour or stop;

(5) In a motor vehicle involved in interstate travel;

(6) On a sidewalk abutting the minor's residence;

(7) Exercising First Amendment rights protected by the United States Constitution;

(8) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(9) Engaged in reasonable and direct travel to and from those activities described in subsections (c)(1) through (c)(8), above;

(10) Emancipated pursuant to law; or

(11) In the military service of the United States.

(Ord. No. NS-2360, § 3, 7-20-98)

Each violation of the provisions set forth pursuant to night time curfew shall constitute a separate offense and may be classified as an infraction.

(Ord. No. NS-2360, § 4, 7-20-98)

Before taking any enforcement action pursuant to night time curfew, a police officer or park ranger shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred, and that, based on any responses and other circumstances, no defense is present or applicable under subsections 10-182(c)(1) through (11).

(Ord. No. NS-2360, § 5, 7-20-98)

(a) Notwithstanding any other provision of this Code, when a person subject to this article is charged with a violation thereof, and a peace officer issues notice to appear in any court to that minor, the charge shall be deemed to be an infraction.

(b) Any person convicted of willfully violating this article is guilty of an infraction punishable by a fine not exceeding two hundred and fifty dollars ($250.00), or equivalent community service as determined by the court.

(Ord. No. NS_2360, § 7, 7-20-98)