Tracy Municipal Code Art. 11 Youth Protection Curfew

The definitions set forth in this section shall govern the application and interpretation of this article.

(a) "Curfew hours" means the hours between 11:00 p.m. to 5:00 a.m. for minors under the age of eighteen (18) years.

(b) "Emergency" means an unforeseen circumstance or circumstances or the resulting situation 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, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) "Errand" means a trip to carry a message or do a definite thing.

(d) "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.

(e) "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; or

(3) A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

(f) (Subsection not used.)

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

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

(i) "Public place" means:

(1) Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and

(2) The out-of-doors common areas of establishments, including, but not limited to, entry ways and parking lots.

(j) (Subsection not used.)

(k) "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.

(Prior code § 4-3.1201, as amended by §§ 1, 2, Ord. 965 C.S., eff. January 17, 1998)

The purpose of the juvenile protection curfew regulations set forth in this article is to reduce juvenile crime, protect the children of this municipality, and reinforce parental authority.

(a) It is unlawful for any minor to be present at any public place during curfew hours.

(b) Exemptions. The provisions of this article shall not apply when the minor is:

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

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

(3) Engaged in lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;

(4) Returning directly home, without detour or stop, from a school, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity;

(5) Acting in response to an emergency;

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

(7) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(8) Waiting at a train or bus station for transportation; or

(9) Emancipated in accordance with the California Family Code or other applicable State law.

(Prior code § 4-3.1202, as amended by § 3, Ord. 965 C.S., eff. January 17, 1998)

A Police Officer, upon reasonable cause based on articulable facts that a minor is in violation of the curfew regulations, shall detain the minor and investigate if the minor has a legitimate reason, based on extenuating circumstances, for being in apparent violation of the curfew regulations. The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption under Section 4.12.1090 applies.

(a) A Police Officer who has reasonable cause to believe that a minor is in violation of the curfew regulations shall release the minor to his or her parent or legal guardian either at the scene of the detention, at the minor's permanent or temporary home, at the Police Department, or elsewhere at the direction of the parent or legal guardian.

(b) Upon the first violation of the curfew regulations, the Police Officer shall issue to the minor a warning citation regarding consequences of a second violation. The Chief of Police or his/her designee shall mail to the parents or legal guardian of the minor a notification that upon a second violation the parents or legal guardian may be held liable for actual detention, transportation and administrative costs pursuant to California Welfare and Institutions Code Section 625.5. This notice shall require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to an applicable exemption from the fee set forth in Section 4.12.1090.

(Prior code § 4-3.1203)

A fee for the actual costs of detention, transportation, and administrative services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the Chief of Police or his/her designee shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee upon a finding of good cause under the following circumstances:

(a) Upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor;

(b) Upon proof that neither the minor, nor his or her parents or legal guardian has the ability to pay the fee;

(c) Upon a determination that performance of community service should be required in lieu of imposition of the fee;

(d) Upon a determination that the parent or legal guardian has limited physical or legal custody and control of the minor.

(Prior code § 4-3.1204)

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 4-3.1205)