Sierra Madre Municipal Code Ch. 9.12 Curfew Hours for Minors

The city council, in adopting the ordinance codified in this chapter, finds that Sierra Madre is widely regarded as a safe Community with quiet neighborhoods, excellent parks, library, recreation programs, schools and educational and other opportunities for children and families and that enforcement of a juvenile curfew will assist in the reduction of vandalism within the business and residential zones and protect younger juveniles from older perpetrators.

(Ord. 1173 § 1 (part), 1999)

As used in this chapter the following terms shall be defined as set forth herein:

"Curfew hours" means ten p.m. until six a.m. the following day on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays and eleven p.m. until six a.m. the following day on Fridays and Saturdays.

"Emergency" means an unforeseen combination of circumstances or the resulting state 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, 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 to which the public is invited, including but not limited to any place of amusement, entertainment or recreation.

"Guardian" means:

1. A person who, under court order, is the guardian of the person of a minor;

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 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 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 and shops.

"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.

"First Amendment activities" means any activity which by California state or federal case law has been declared to be protected under the state or federal constitutions.

(Ord. 1173 § 1 (part), 1999)

A. A minor commits an offense by being present or remaining in any public place or on the premises of any establishment within the city during curfew hours, whether alone, with others or in or upon any parked motor or other wheeled vehicle.

B. A parent or guardian of a minor commits an offense by an act or an omission, or by threats, or other form of coercion contributes to, or induces or attempts to induce any dependent child or ward of such person to fail or refuse to conform to any lawful order of a law enforcement officer, or to conform to the requirements of the Sierra Madre Municipal Code concerning curfew, shall be subject to a civil penalty. For purposes of this section, a parent or legal guardian to any person under the age of eighteen years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward. The city recognizes that parental control and responsibility is paramount, and the intent of this chapter is to exercise control only after parental control has failed.

(Ord. 1173 § 1 (part), 1999)

It is a defense to arrest, custody or prosecution under Section 9.12.020 that 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 any detour or stop;

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

D. Acting in response to an emergency;

E. On the sidewalk within one hundred feet of the minor's residence or one hundred feet from the residence which is immediately adjacent to the minor's residence; provided, such adjacent residence occupants have not complained about such presence;

F. Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults or sponsored by the city, a civic organization, or another entity which takes responsibility for the minor, or returning home from, without detour or stop, such activity;

G. Exercising First Amendments rights protected by the California or United States Constitution as it pertains to minors such as the free exercise of religion, freedom of speech, and the right of assembly, etc.; subject, however, to all other applicable laws, rules, and regulations;

H. Emancipated in accordance with applicable state law;

I. Pursuing any other authorization under federal or state laws including those related to school activities.

(Ord. 1173 § 1 (part), 1999)

A. Before taking action under Section 9.12.030, a law enforcement officer 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 under this section if (after noncustodial questioning) probable cause exists that such minor is exempt under the provisions of Section 9.12.030. If no such probable cause is explained by the minor involved, then the presumption shall be that such minor is then in violation of Section 9.12.020, and the following actions may be taken at the discretion of the field officer:

1. The violator may be released upon his/her representation that he/she will return immediately to his/her residence;

2. The violator may be released to the control of the parent or guardian;

3. A Municipal Court citation may be issued within fifteen days thereafter.

B. Any person who violates the provision of Section 9.12.020 shall be liable for a civil penalty of a minimum of two hundred fifty dollars for the first offense, seven hundred fifty dollars for the second offense, and a maximum of one thousand dollars for any subsequent offense within one year, which shall be assessed and recovered by the civil action brought in the name of the city. In any action brought pursuant to this section, penalties collected shall be paid to the financial director of this city.

C. Upon petition for review being filed within ten days, the police chief (or his/her designee) shall conduct a hearing and upon a finding of good cause may waive the payment of any part or all of such penalty. Good cause shall exist if the violator is able to present and prove a viable exemption as set forth in Section 9.12.030 or if better parental control has been exhibited.

D. The remedies provided in this section are in addition to the remedies and penalties available under the Sierra Madre Municipal Code and all other laws of this state.

(Ord. 1173 § 1 (part), 1999)