Simi Valley Municipal Code Ch. 14 Curfew

* Chapter 14 entitled "Loitering," consisting of Sections 5-14.01 through 5-14.03, codified from Section 6249-1, S.V.M.C., as amended by Ordinance No. 716, eff. November 30, 1989, amended in its entirety by Ordinance No. 861, effective June 20, 1996.

(a) It is unlawful for any minor to remain in any public place or on the premises of any business establishment within the City during curfew hours.

(b) It is unlawful for 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 business establishment within the city during curfew hours.

(c) It is a defense to prosecution under Section 5-14.01(a) or (b) that the minor, at the time of the occurrence, was:

(1) Accompanied by the minor's parent(s) or guardian;

(2) On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or in attendance at a place of public entertainment, such as a movie, play, or sporting event, or going to or returning home from such activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the public sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, providing that:

(i) The neighbor did not complain to the police department about the minor's presence; or

(ii) The minor was not aware of the neighbor's complaint;

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor;

(8) Exercising free speech rights protected by the United States and California Constitutions;

(9) Married, previously married or otherwise emancipated; or

(10) On active duty as a member of the United States Military.

(d) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation, place the minor in temporary custody, or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 5-14.01 (c) is present.

(e) Definitions. For the purposes of this chapter, the following definitions shall apply:

(1) "Curfew hours" means 10:00 p.m. on any day until 6:00 a.m. of the following day.

(2) "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, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury, loss of life, or property damage.

(3) "Business establishment" means any privately owned place of business operated for profit or intended to be profitable to which the public is invited, including but not limited to, any place of amusement or entertainment.

(4) "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 or person with whom a minor has been placed by a court.

(5) "Minor" means any person under eighteen (18) years of age.

(6) "Operator" means any individual, firm, association, partnership, or corporation operating, managing or conducting any business establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(7) "Parent" means a person who is (1) a natural parent or adoptive parent; or (2) at least eighteen (18) years of age and authorized by a parent, or guardian to have the permanent or temporary custody of a minor.

(8) "Property damage" means the partial or complete harm or destruction of real or personal property.

(9) "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 business establishments.

(10) "Remain" means to (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(11) "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.

(§ 2, Ord. 861, eff. June 20, 1996)

Any person violating the provisions of Section 5-14.01 shall be guilty of a misdemeanor.

(§ 2, Ord. 861, eff. June 20, 1996)

Any response by the police department pursuant to this chapter or Education Code Section 48264 shall be deemed an emergency response pursuant to Government Code Section 53158 because the welfare of a minor is at stake. The remedies provided in this chapter are in addition to any other remedies and penalties available under the Simi Valley Municipal Code and all other laws of this State, and the criminal and civil penalties in this chapter shall not be mutually exclusive.

(§ 2, Ord. 861, eff. June 20, 1996)

(a) Any person convicted of violating Section 5-14.01 and granted probation, shall, as a condition of probation, be required to pay, in addition to any other restitution, the costs of prosecution resulting in the conviction for which probation has been granted. Before any charges are filed, an attempt shall be made to notify the alleged violator, in writing, by first class mail, postage prepaid, that the City will seek restitution of its costs of prosecution upon conviction and as a condition of probation, if probation is granted.

(b) The costs of prosecution shall include all City employee time expended in preparing and prosecuting the case multiplied by the hourly rate listed in the Schedule of Service Charges regularly revised by the City for each applicable employee category and any other actual out of pocket expenses incurred by the City in prosecuting the case. Labor costs for police department personnel responding to calls for police assistance and/or apprehension, detention, and processing of violators, and attorneys fees, whether in-house or on contract, are costs of prosecution for purposes of this section.

(c) In determining the amount awardable to the City under this section, the court shall take into account the reasonable value of the services rendered and the financial ability of the probationer to pay such amounts. The hearing may be conducted pursuant to Penal Code Section 1203.1f. In no event shall the court award as restitution to the City more than the actual costs, measured by the Schedule of Service Charges, City employee and contract labor costs, professional services costs, and out of pocket expenses, incurred in the case resulting in conviction.

(d) The probationer and the City are entitled to all other procedural and substantive rights otherwise accorded any party in a probation hearing involving misdemeanors.

(e) This chapter is adopted pursuant to Article 11, Section 7 and Article 1, Section 28(b) of the California Constitution, and Government Code Section 53158.

(§ 2, Ord. 861, eff. June 20, 1996)

(a) Civil penalty. Every parent or guardian who, by any act or omission, or by threats, contributes to, or induces or endeavors to induce any minor to fail or refuse to conform to any lawful order of law enforcement personnel, probation department, or of the juvenile court, or to conform to the requirements of the Simi Valley Municipal Code concerning the curfew or is taken into temporary custody pursuant to Education Code Section 48264, shall be subject to a civil penalty. For purposes of this section, a parent or guardian to any person under the age of eighteen (18) years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward.

Any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each violation, which shall be assessed and recovered in a civil action brought by the City Attorney, in addition to any other remedy provided by law.

(b) Cost recovery. As determined by the Chief of Police, or his or her designee, the parent(s) or guardian of a minor committing any public offense amounting to a violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing or supervision of minors, may be assessed, and billed for, the cost of providing such personnel for such services.

(c) Appeal. Any person receiving a bill for police services pursuant to this section may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police service shall be suspended until notice of the decision of the Hearing Officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer.

(d) Minors: Exceptions. The provisions of subsections (a) through (c) hereinabove shall not apply when the minor, at the time of the occurrence, was:

(1) Accompanied by the minor's parent(s) or guardian;

(2) On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or in attendance at a place of public entertainment, such as a movie, play, or sporting event, or going to or returning home from such activity, without any detour or stop;

(5) Involved in an emergency;

(6) On the public sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, providing that:

(i) The neighbor did not complain to the police department about the minor's presence; or

(ii) The minor was not aware of the neighbor's complaint;

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor;

(8) Exercising free speech protected by the United States and California Constitutions;

(9) Married, previously married or otherwise emancipated; or

(10) On active duty as a member of the United States Military.

(§ 2, Ord. 861, eff. June 20, 1996)