Suisun City Municipal Code Ch. 9.16 Curfew for Minors

A. Definitions.

1. "Curfew hours" means the period from ten p.m. any night until five a.m. the following morning.

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

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

4. "Guardian" means a person who, under court order, is the guardian of the minor or a public or private agency with whom the minor has been placed by a court.

5. "Legitimate activity" means any legal activity including, but not limited to, the activities listed under subsection C, "Defenses," listed herein.

6. "Minor" means any person less than eighteen years of age.

7. "Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

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

9. "Responsible adult" means a person of at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

10. "Public place" means any place the public or a substantial group of the public has access to and includes, but is not limited to streets, highways, common areas of schools, apartment houses, office buildings, transport facilities and shops.

11. "Remain" means to linger, stay or be present or failure to leave the premises when requested to do so by a peace officer or the owner, operator or other person in control of the premises.

B. Offenses. It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours and 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 establishment within the city during curfew hours.

C. Defenses. It is a defense to prosecution of the above offenses if the minor was:

1. Accompanied by the minor's parent or guardian or a responsible adult;

2. On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;

3. In a motor vehicle involved in intrastate or interstate travel with a specific destination and without detour or delay;

4. Using any form of transportation to go to or return from a legitimate activity without detour or delay;

5. Engaged in a lawful volunteer or paid employment activity, or going to or returning home or to another legitimate activity from a lawful volunteer or paid employment activity without detour or delay;

6. Involved in, or responding to, an emergency;

7. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence, provided that the minor is not otherwise violating the law;

8. Attending an official school, religious, or other adult supervised recreational activity for minors sponsored by the city, a civic organization or other similar entity or going to or returning home, or to another legitimate activity, from such an activity, without detour or delay;

9. Exercising First Amendment rights protected by the United States or California Constitutions, such as the free exercise of religion, freedom of speech and the right of assembly;

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

11. Legally patronizing a business that provides activities, entertainment, dining or shopping for minors, but shall vacate the premises after concluding their business or being requested to leave by the business owner, operator or other person in control of the premises;

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

13. Purchasing food after a legitimate activity without detour or delay.

D. Constitutional Rights. Nothing in this section shall be interpreted to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right of petition.

E. Police Enforcement. Before taking any enforcement action under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain the minor under this ordinance unless the officer reasonably believes an offense has occurred and has concluded, based upon the minor's response(s) and other circumstances, that no defense under this ordinance appears present or applicable.

F. Penalties and Fines.

1. Violation of any portion of this section shall constitute an infraction. There shall be a separate infraction for each day on which a violation occurs. The city shall furnish notice of any citation for an infraction under this section to the parent or legal guardian of the minor who committed the infraction. The fines imposed under this section shall not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

2. In addition to the fines listed in subsection (F)(1) of this section, the city may recover administrative and transportation costs from parents or guardians of juvenile offenders who violate this section consistent with the provisions of California Welfare and Institutions Code Section 625.5 and in the amounts established in the city's master fee schedule.

3. Enforcement pursuant to this section shall be undertaken by the city of Suisun City through its police department and the city attorney.

(Ord. 699 § 5, 2007: Ord. 482 § 1, 1983)

(Ord. No. 808, § 9, 12-5-2023)