Tuolumne County Municipal Code Ch. 9.16 Curfew for Minors

Sections:

• 9.16.010 Purpose and Intent.

• 9.16.020 Definitions.

• 9.16.030 Offenses.

• 9.16.040 Defenses.

• 9.16.050 Enforcement.

• 9.16.060 Penalties.

County Board of Supervisors finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors’ inability to make critical decisions in an informed and mature manner. The County recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. (Ord. 2209 § 2, 1997; Ord. 492 § 31 1967; prior code § 7-2.0).

A. The following definitions are applicable to this ordinance:

1. Curfew hours mean the period from 11:00 P.M. and night until 5:00 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 operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

4. Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with who 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 establishment.

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

8. Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

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

10. Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. (Ord. 2209 § 2 (part), 1997; Ord. 492 § 1, 1967; prior code § 7-2.1).

A. It is unlawful for:

1. Any minor to remain in any public place or on the premises of any establishment within the unincorporated areas of the county during curfew hours, or

2. 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 incorporated areas of the county during curfew hours, or

3. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours. (Ord. 2209 § 2 (part), 1997).

A. It is a defense to prosecution of the above offenses that the minor was:

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

2. On an errand at the direction of the minor’s parent or guardian or responsible adult;

3. In a motor vehicle involved in intrastate or interstate travel;

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

5. Involved in an emergency;

6. On the sidewalk adjacent to the minor’s residence, providing the minor is not otherwise violating the law;

7. Attending an official school, religious or other adult supervised recreational activity sponsored by a city or the county, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;

8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

9. Emancipated pursuant to law.

B. It is a defense to prosecution under offense #3 above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 2209 § 2 (part), 1997).

A. 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 (deputy) shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the minor’s response(s) and other circumstances, no defense under this ordinance appears present or applicable. (Ord. 2209 § 2 (part), 1997).

A. Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.
Any person who violates the offenses described in this ordinance shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 2209 § 2 (part), 1997).