Article 6-20

CURFEW REGULATIONS AND OFFENSES AFFECTING MINORS

Sections:

The City Council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. (Ord. 71-172 § 2 (part), 1997)

The following definitions shall govern the application and interpretation of the curfew regulations set forth in this Article:

(a) Curfew hours means: (1) the period from 10:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. the following morning; and (2) the period from 12:01 A.M. until 6:00 A.M., on any Saturday or Sunday.

(b) 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 situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) 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.

(d) Guardian means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court.

(e) Minor means any person under eighteen years of age.

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

(g) Parent means a person who is a natural parent, adoptive parent or adult step-parent of a minor.

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

(i) 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, sidewalks, alleys, parks, playgrounds, or other public grounds, and the out-of-doors common areas of establishments, hospitals, apartment houses, office buildings and schools, including but not limited to entry ways and parking lots.

(j) Remain means (1) linger, stay or be present whether on foot or in a vehicle; or (2) 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.

(k) Errand means a trip to carry a message or do a definite thing that requires a movement from place to place. (Ord. 71-172 § 2 (part), 1997)

It is unlawful for:

(a) Any minor to be or remain in or upon any public street, highway, park, vacant lot or other public place during curfew hours; or

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

(c) 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 curfew hours. (Ord. 71-172 § 2 (part), 1997)

(a) The provisions of Section 6-20.030 shall not apply when:

(1) The minor is accompanied by his or her parent or parents, legal guardian or responsible adult approved by the minor's parent or legal guardian;

110.2

(Saratoga Supp. No. 56, 7-25)

6-20.070

(2) The minor is engaged in an errand directed by his or her parents, legal guardian, or other person having the legal care or custody of the minor, without detour or delay;

(3) The minor is going directly between his or her home and place of employment without detour or delay. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment, provided the minor carries a written statement from the employer attesting to the place and hours of employment;

(4) This minor is attending an official school, religious or other adult supervised recreational activity sponsored by the city, 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. This exception will apply for one-half hour after the completion of the event;

(5) The minor is responding to or acting pursuant to an emergency;

(6) The minor is in a motor vehicle involved in interstate travel, or other travel not in violation of this Article;

(7) The minor is on the sidewalk abutting the minor's residence, providing the minor is not otherwise violating the law;

(8) The minor is married or has been emancipated in accordance with the California Family Code or other applicable law;

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

(b) It is a defense to prosecution under Section 6-20.030(b) of this Article, that the owner, operator or employee in charge of an establishment promptly notified the sheriffs department that a minor was present on the premises of the establishment during curfew hour and refused to leave. (Ord. 71-172 § 2 (part), 1997)

(a) A sheriffs deputy, upon reasonable cause based on articulable facts that a minor is in violation of the curfew regulations, shall detain the minor and investigate to determine if the minor has a legitimate reason based on extenuating circumstances for being in apparent violation of the curfew regulations.

(b) If the detaining sheriffs deputy has reasonable cause to believe that a minor is in violation of the curfew regulations, and is not in violation of any other law, the deputy shall release the minor to his or her parent or legal guardian either at the scene of the detention, at the minor's permanent or temporary home, at the sheriffs substation, or elsewhere at the direction of the parent or legal guardian, as is reasonably attainable. (Ord. 71-172 § 2 (part), 1997)

Upon the first violation of the curfew regulations, the sheriffs deputy shall issue to the minor a warning citation regarding the consequences of a second violation as described in Section 6-20.070. The sheriff shall mail to the parents or legal guardian of the minor a copy of the citation and notification that upon a second violation the parents or legal guardian may be held liable for actual administrative and transportation costs. This notice shall require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to an applicable exemption for the fee set forth in Section 6-20.070. (Ord. 71-172 § 2 (part), 1997)

(a) Fees for the actual costs of detention, transportation and administrative services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents or legal guardian, in an amount not to exceed those actual costs.

(b) Upon petition of the person required to pay the fee, the sheriff shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee upon a finding of good cause under the following circumstances:

(1) Upon a determination that the responsible person has made reasonable efforts to exercise supervision and control over the minor;

(2) Upon proof that neither the minor nor his or her parents or legal guardian has the financial ability to pay the fee;

(3) Upon a determination that performance of community service should be required in lieu of imposition of the fee;

110.3

(Saratoga Supp. No. 56, 7-25)

6-20.070

(4) Upon a determination that the parent or legal guardian has limited physical or legal custody and control of the minor.

(c) Fees imposed pursuant to this Section shall be deemed a civil debt owing to the City as set forth in Section 3-10.010 of this Code.

(d) The imposition of any fees pursuant to this Section shall be in addition to any other rights, remedies or actions available to the City by reason of the same violation, including the imposition of penalties as set forth in Section 6-20.080. (Ord. 71-172 § 2 (part), 1997)

A violation of any of the provisions set forth in Sections 6-20.030 through 6-20.070 constitute infractions punishable as prescribed in Section 3-05.010 of this Code. (Ord. 71-172 § 2 (part), 1997)

110.4

(Saratoga Supp. No. 56, 7-25)

6-25.060