Trinity County Municipal Code Ch. 9.20 Curfew for Minors

The board of supervisors finds that a juvenile curfew ordinance, codified in this chapter, is necessary and desirable because the protection of minors warrants a higher degree of government regulation because of the vulnerability of minors and their inability to make critical decisions in an informed and mature manner. The board of supervisors recognizes a compelling interest in preserving the safety of the community generally and that more criminal activity is conducted by minors during the night-time than during the day-time.

(Ord. 1239 §1(part), 2000)

The following definitions are applicable to this chapter:

A. "Emergency" means unforeseen circumstances or an event that requires immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any event requiring immediate action as the result of, or to prevent, property damage, bodily injury or loss of life.

B. "Guardian" means:

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

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

C. "Minor" means any person under eighteen years of age.

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

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

F. "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, alleys, parks, retail stores, video stores, arcades, restaurants, lakes, forests, timberlands and other areas used for recreational purposes.

G. "Remain" means to:

1. Linger, stay or be present; or

2. Fail to leave the public place when requested to do so by a peace officer, the owner, operator or other person in control of the public place.

(Ord. 1239 §1(part), 2000)

Except as provided in Section 9.20.040, it shall be a misdemeanor for any minor to remain in a public place between the hours of twelve midnight and five a.m. the following day.

(Ord. 1239 §1(part), 2000)

The provisions of Section 9.20.030 shall not apply when the minor is:

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

B. Engaged in employment, or going to or returning home from employment, without detour or delay;

C. Involved in an emergency;

D. Emancipated pursuant to law;

E. Attending an official school or other adult-supervised activity, or going to or from said activity without detour or delay; or

F. In a moving vehicle involved in intrastate or interstate travel.

(Ord. 1239 §1(part), 2000)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid or unconstitutional, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application; and to this end the provisions of this chapter are declared to be severable and the board of supervisors would have passed this chapter, and each section thereof, without the invalid section or clause.

(Ord. 1239 §1(part), 2000)