Santa Barbara County Municipal Code Art. I Curfews

For purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to the following: a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian" means (a) a person who under court order is the guardian of minor, or (b) a public or private agency with whom the minor has been placed by a court order, or (c) a person at least eighteen years of age exercising care and custody of a minor.

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

"Parent" means a person who is a natural parent, adoptive parent, or a stepparent of another person.

"Public place" means any place to which the public or any substantial group of the public has access including but not limited to, streets, highways, beaches, parks, playgrounds, and common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, theaters, game room, shops, shopping malls, or any other public place of business.

"Street" means a way or place, of whatever, nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term "street" applies irrespective of what the legal right of way if formally called, whether alley, avenue, court, road, or otherwise.

(Ord. No. 4268, § 3)

No minor under the age of eighteen years shall be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 P.M. Pacific Standard Time or 11:00 P.M. Pacific Daylight Saving Time, and sunrise of the following day.

(Ord. No. 4268, § 3)

The provisions of section 20-1.2 shall not apply where:

(a) The minor is accompanied by his/her parent, guardian or other adult person having the care and custody of the minor or is accompanied by an adult person who is authorized by a parent or guardian to have custody of the minor or other adult person to whom he/she has been temporarily entrusted by his/her parent or guardian;

(b) The minor is on an emergency errand or legitimate business authorized or directed by his/her parent, guardian or other adult person having the care and custody of the minor or other adult person to whom he/she has been temporarily entrusted by his/her parent or guardian;

(c) The minor is engaged in a legitimate business, trade, profession or occupation;

(d) The minor is traveling to or from a place of employment, or involved in employment-related activities;

(e) The minor is attending school, religious, recreational or civic functions, or the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly;

(f) The minor is going to or returning directly home from a meeting, entertainment, recreational or other activity directed, sponsored or supervised by local educational authorities, religious or civic organizations;

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

(h) The minor is married, has been previously married or has been declared emancipated pursuant to California law;

(i) The minor is on the property or sidewalk abutting the minor's residence with the permission of the minor's parent or guardian.

(Ord. 4268, § 3)

No parent, guardian, or other adult person having the care and custody of a minor under the age of eighteen years shall knowingly permit such minor to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 P.M. Pacific Standard Time or 11:00 P.M. Pacific Daylight Saving Time, and sunrise of the following day.

(Ord. No. 4268, § 3)

The provisions of section 20-1.4 shall not apply where the minor is engaged in any activity authorized pursuant to section 20-1.2.

(Ord. No. 4268, § 3)

Before taking any action to enforce the provisions of section 20-1.2, deputy sheriff's or other law enforcement officer shall ask the apparent offender's age and reason for being out in a public place after curfew hours. The deputy or officer shall not issue a citation or make an arrest for a violation of this ordinance unless the deputy reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense provided in section 20-1.3 applies.

(Ord. No. 4268, § 3)

It shall be unlawful for any minor under the age of eighteen years who is subject to compulsory education or to compulsory continuation education pursuant to Education Code Sections 48200 and 48400 to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, wharves, docks, public grounds, public places, public buildings, places of amusement, places of entertainment, eating places, parking lots, vacant lots or other unsupervised places in the county during the minor's regular school hours on days when the minor's school is in session. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion or transfer in progress.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

The minor is lawfully excused from section 20-2.1 when the minor is accompanied by his or her parent, guardian, or other adult person (having written authorization, custody or care of the minor) and they are conducting activities which are "excused" within the meaning of Education Code Section 48205.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

Section 20-2.1 shall not apply when:

(a) The minor is under the direct supervision of his or her parent, guardian, or other adult person having the care or custody of the minor as described in section 20-2.2;

(b) The minor is exempt from compulsory education as enumerated in Education Code Sections 48220 et seq.; including, but not limited to, a minor receiving instruction at home pursuant to Education Code Sections 48222, 48224, 51745 or other applicable provisions of state law, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code;

(c) The minor is exempt from compulsory continuation education as enumerated in Education Section 48410;

(d) The minor is on an emergency errand directed by his or her parent, guardian or other adult person having care or custody of the minor;

(e) The minor is going directly to or coming directly from a medical appointment and can show proof of that appointment;

(f) The minor has permission to leave the school campus for lunch and has in his or her possession a valid off-campus permit or pass issued by the school (if one is required by that school) and the minor has conformed with the conditions and restrictions, if any, of the off-campus permit or pass;

(g) The minor is going directly to or from an event or activity sponsored, sanctioned, or arranged by the school;

(h) The minor has permission to leave campus and has in his or her possession a valid, school-issued, off-campus permit;

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

(j) The minor is not a resident of a Santa Barbara County and possesses a valid passport, visitors visa or other form of identification to establish the minor is temporarily visiting within the county, or the minor is in a motor vehicle involved in interstate travel.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

No parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen years shall knowingly permit or allow such person to violate the provisions of section 20-2.1 or refused to take custody of said minor.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

Notwithstanding any other provisions of this ordinance, when a person under the age of eighteen is charged with a violation of section 20-2.1 and a peace officer issues a notice to appear to that minor pursuant to Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. Each violation of the provision set forth in this ordinance shall constitute a separate infraction.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

(a) Any minor violating section 20-2.1 is guilty of an infraction punishable by (a) a fine not to exceed one hundred dollars and/or ten hours of community service for the first violation; (b) a fine not to exceed two hundred dollars and/or twenty hours of community service for the second violation; (c) a fine not to exceed two hundred fifty dollars and/or twenty-five hours of community service for the third or subsequent violation of this section. Community service shall be served during a time other than the minor's hours of school attendance or employment.

(b) Notwithstanding any other provision of this Code, when a minor is charged with a violation of this article, and a peace officer issues a notice to appear, the charge shall be deemed an infraction unless another disposition is elected under Welfare and Institutions Code Sections 601 or 602 or other applicable state laws.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

Any parent or guardian violating section 20-2.1 is guilty of an infraction punishable by (a) a fine not to exceed one hundred dollars and/or ten hours of community service for the first violation; (b) a fine not to exceed two hundred fifty dollars and/or twenty-five hours of community service for the second violation; (c) a fine not to exceed five hundred dollars and/or fifty hours of community service for the third or subsequent violation of this section.

(Ord. No. 4268, § 3; Ord. No. 4329, § 3)

Section 20-2.1 shall expire and be of no further force and effect on June 23, 1998, unless extended on or before that date by the board of supervisors.

(Ord. No. 4268, § 3)

* Editor's Note: This sunset clause applied only to section 20-2.1 adopted by Ordinance 4268 on July 1, 1997 which section has since been superseded by Ordinance 4329.

No person shall enter in or upon, or loiter about the grounds or premises of any institutions of the County of Santa Barbara where minors are committed by court order or are detained including but not limited to Los Prietos Boys Camp, the Santa Barbara County Juvenile Halls and County Probation Department Day Care Centers, or attempt to enter in or trespass upon the grounds or premises of such institutions or to communicate or attempt to communicate with any ward or inmate of such institutions unless such person is an authorized visitor or has the consent of the director or person in charge of the institution so to do or unless such person is a ward or inmate of the institutions or is a member of the staff or other authorized personnel thereof or other authorized public official or his authorized representative.

(Ord. No. 1518, § 1; Ord. No. 2996, § 1)

The chief probation officer shall post and maintain signs prohibiting trespassing or loitering at such entrance to each of the institutions enumerated in the preceding section and at such other places deemed necessary by the chief probation officer.

(Ord. No. 1518, § 2)