Chapter 3 — CURFEW

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

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

Guardian.

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

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

3. A person at least 18 years of age exercising care and custody of a minor.

Minor. Any person under the age of 18 years of age.

Parent. Person who is a natural parent, adoptive parent or a stepparent of another person.

Public Place. Any place to which the public or any substantial group of the public has access including, but not limited to, streets, highways, beaches, parks, playgrounds and common area of schools, hospitals, apartments, houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls or any other public place of business.

Street. A way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally called, whether alley, avenue, court, road or otherwise. (Ord. 98-196,1998)

• A. Established. No minor under the age of 18 years shall be present upon any public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of ten (10:00) p.m. pacific standard time or eleven (11:00) p.m. pacific daylight-saving time, and sunrise the following day.

• B. Exceptions. The provisions of this section shall not apply where:

  1. The minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or is accompanied by an adult person who is authorized by a parent or guardian to have custody of the minor or other adult person to whom he or she has been temporarily entrusted by his or her parent or guardian;

  2. The minor is on an emergency errand or legitimate business authorized or directed by his or her parent, guardian or other adult person having the care and custody of the minor or other adult person to whom he or she has been temporarily entrusted by his or her parent or guardian;

  3. The minor is engaged in a legitimate business, trade, profession or occupation;

  4. The minor is traveling to or from a place of employment, or involved in employment related activities;

  5. The minor is attending school, religious, recreational or civic functions, or the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly;

  6. The minor is going to or returning directly home from meeting, entertainment, recreational or other activity directed, sponsored or supervised by local educational authorities, religious or civic organizations;

  7. The minor is in a motor vehicle involved in interstate travel;

  8. The minor is married, has been previously married or has been declared emancipated pursuant to California law;

  9. The minor is on the property or sidewalk abutting the minor's residence with the permission of the minor's parent or guardian.

• (Ord. 98-196, 1998)

• A. Established. It is unlawful for any minor under the age of 18 who is subject to compulsory education or to compulsory continuation education pursuant to Education Code sections 48200 and 48400 to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, public grounds, public places, public buildings, places of amusement, places of entertainment, eating places, parking lots, vacant lots or other unsupervised places in the city during the minor's regular school hours on days when the minor's school is in session. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion or transfer in progress.

• B. Lawful Excuse. The minor is lawfully excused from subsection A of this section when the minor is accompanied by his or her parent, guardian, or other adult person (having written authorization, custody or care of the minor) and they are conducting activities which are excused within the meaning of Education Code section 48205 .

• C. Exceptions. This section shall not apply when:

  1. The minor is under the direct supervision of his or her parent, guardian, or other adult person having the care or custody of the minor as described in subsection B of this section;

  2. The minor is exempt from compulsory education as enumerated in Education Code section 48220 et seq.; including, but not limited to, a minor receiving instruction at home pursuant to Education Code sections 48222 , 48224 , 51745 or other applicable provisions of state law, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code;

  3. The minor is exempt from compulsory continuation education as enumerated in Education Code section 48410 ;

  4. The minor is on an emergency errand directed by his or her parent, guardian or other adult person having care or custody of the minor;

  5. The minor is going directly to or coming from a medical appointment and can show proof of that appointment;

  6. The minor has permission to leave school campus for lunch and has in his or her possession a valid off-campus permit or pass issued by the school (if one is required by that school) and the minor has conformed with the conditions and restrictions if any, of the off-campus permit or pass;

  7. The minor is going directly to or from an event or activity sponsored, sanctioned or arranged by the school;

  8. The minor has permission to leave campus and has in his or her possession a valid, school-issued, off-campus permit;

  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 freedom of assembly;

  10. The minor is not a resident of the county and possesses a valid passport, visitors visa or other form of identification to establish the minor is temporarily visiting within the county, or the minor is in a motor vehicle involved in interstate travel.

• (Ord. 98-196, 1998)

No parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years shall knowingly permit or allow such person to violate the provisions of sections 6-3-2 and 6-3-3 of this chapter or refuse to take custody of said minor. (Ord. 98-196, 1998)

• A. Nighttime Curfew. Before taking any action to enforce the provisions of section 6-3-2 of this chapter, deputy sheriffs or other law enforcement officers shall ask the apparent offender's age and reason for being out in a public place after curfew hours. The deputy or officer shall not issue a citation or make an arrest for a violation of this chapter unless the deputy reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense provided in subsection 6-3-2B of this chapter applies. Violation of section 6-3-2 of this chapter constitutes a misdemeanor.

• B. Truancy. Notwithstanding any other provisions of this chapter, when a person under the age of 18 years is charged with a violation of section 6-3-3 of this chapter and a peace officer issues a notice to appear to that minor pursuant to Welfare and Institutions Code section 256 , the charge shall be deemed an infraction unless the minor requests that a petition be filed under Welfare and Institutions Code section 601 or 602 . Each violation of the provision set forth in this chapter shall constitute a separate infraction.

• (Ord. 98-196, 1998; Amd. 2001 Code)

• A. Minors. Any minor violating section 6-3-3 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code. Notwithstanding any other provision of this code, when a minor is charged with a violation of this chapter, and a peace officer issues a notice to appear, the charge shall be deemed an infraction unless another disposition is elected under Welfare and Institutions Code section 601 or 602 or any other applicable state laws.

• B. Parents. Any parent or guardian violating section 6-3-4 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code.

• (Ord. 98-196, 1998; Ord. 23-0373, § 21)