Shasta County Municipal Code Ch. 9.04 Unlawful Presence of Minor in Public Place—curfew Hours

For the purpose of this chapter the following definitions apply:

"Code" means the Shasta County Code, as it is presently written, or may hereafter be amended.

"Curfew hours" means the period from ten p.m. on any evening of the week until six a.m. on the following day.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an 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 operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

"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.

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

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

"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, public parking lots and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, arcades, shops and shopping malls.

"Responsible adult" means a person at least twenty-five years of age, authorized by a parent or guardian to have the temporary care and custody of a minor.

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

(Ord. 99-10 § 2 (part), 1999)

A. It is unlawful for any minor to be present in any public place or on the premises of any establishment during curfew hours.

B. It is unlawful for any parent or guardian of a minor to permit, or by insufficient lawful control to allow, a minor to be present in any public place or on the premises of any establishment during curfew hours.

C. It is a defense to prosecution under subsections A and B of this section 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 a responsible adult, without any detour or stop;

3. In a motor vehicle engaged in interstate travel;

4. Engaged in an employment activity, or going to or returning home from an employment activity, without detour or stop;

5. Involved in an emergency;

6. On the sidewalk or property abutting the minor's residence with the permission of the minor's parent or guardian;

7. Attending a school, religious, recreational, or civic function supervised by adults or was exercising First Amendment rights protected by the United States Constitution;

8. Going to or returning from, without any detour or stop, a religious, recreational or civic function supervised by adults, or a place where the minor was exercising First Amendment rights protected by the United States Constitution; or

9. Married, has been previously married, or has been declared emancipated pursuant to law.

(Ord. 99-10 § 2 (part), 1999)

A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code.

B. This chapter is a safety and regulatory provision necessary for the protection of the public health, welfare and safety. Unless otherwise specifically provided in this chapter or by state law, in any criminal prosecution for a violation of this chapter it is not necessary to prove knowledge or criminal intent.

(Ord. 99-10 § 2 (part), 1999)