Scotts Valley Municipal Code Ch. 9.04 Youth Protection Curfew Ordinance

As used in this chapter:

"Curfew hours" means the hours between eleven p.m. to five a.m. for minors under the age of eighteen years.

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

"Establishment" means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment or recreation.

"Guardian" means:

1. A person who, pursuant to court order, is the legal guardian of the person of a minor; or

2. A public or private agency with whom a minor has been placed by a court; or

3. A person who is at least eighteen years of age and authorized by a parent or legal guardian to have the care and custody of a minor.

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

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

"Public place" means:

1. Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and

2. The out-of-door common areas of establishment, including but not limited to entry ways and parking lots.

"Remain" means to:

1. Linger or stay; or

2. Fail to leave a public place when requested to do so by a police officer or the person in control of the public place.

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

"Tarry," as used in this chapter, means remaining, wandering, strolling or playing without apparent purpose and while not under the control or supervision of a parent, guardian, or adult designated by the parent or guardian.

(Ord. 59.3 § 2 (part), 1996)

It is unlawful for an unemancipated minor (under the age of eighteen years) to tarry in any public place between the hours of eleven p.m. and five a.m.

(Ord. 59.3 § 2 (part), 1996)

A minor shall not be in violation of this chapter if, at the time the minor was stopped by a police officer, the minor was:

A. Accompanied by the minor's parent or guardian;

B. On an errand at the direction of the minor's parent or guardian, without detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

E. Acting in response to an emergency;

F. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

G. Returning home, without detour or stop, from a school, cultural, sport, amusement, entertainment, movie, or recreation activity; or any organized rally, demonstration, meeting or similar activity;

H. Waiting at a train or bus station for transportation;

I. Emancipated in accordance with the California Family Code or other applicable state law.

(Ord. 59.3 § 2 (part), 1996)

A. Before taking any enforcement action under Section 9.04.020, a police officer shall ask the apparent offender's age and reason for being in the public place.

B. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption under Section 9.04.030 applies.

(Ord. 59.3 § 2 (part), 1996)