Tustin Municipal Code Ch. 1 Minors

All places within the City where minors gather, congregate, come and go, attend or are attracted to are hereby made subject to the provisions of this chapter. All such regulated places are found to be likely to affect injuriously the public health, safety, morals and welfare. (Ord. No. 222, Sec. 1)

No place regulated hereunder shall maintain any condition or conditions which pose a threat or harm or are dangerous or deleterious to the health, morals, welfare or safety of minors. (Ord. No. 222, Sec. 2)

a Notice of Determination

Upon determination by the Chief of Police that any such place does pose a threat or harm or is dangerous or deleterious to the health, morals, welfare or safety of minors, a notice in writing shall be mailed, postage prepaid, to the last address known to the Chief of Police for the person last known to be the owner, lessee, occupant or manager of the premises that such a determination has been made. (Ord. No. 222, Sec. 3)

b Hearing—Failure to Request

If no request for hearing is made in writing within five (5) days following such written notice, by any owner, lessee, occupant or manager, the determination by the Chief of Police shall automatically become final. (Ord. No. 222, Sec. 4)

c Request for Hearing

Upon receipt by any persons of such a notice, they may within five (5) days thereafter deliver to the Chief of Police, in writing, their request for a hearing. Such request shall state whether the person requests a private or a public hearing. Upon receipt of such request for hearing the Chief of Police shall set a public hearing before the City Council if a public hearing is requested, or a private hearing before the Chief of Police if a private hearing is requested. Such hearing shall be set for a date within thirty (30) days following such request for hearing. Notice in writing shall be given to the party or parties requesting such hearing at least five (5) days before such hearing. (Ord. No. 222, Sec. 5)

d Determination

At such hearing there shall be presented the evidence upon which the determination has first been made and the owner, occupant, lessee or manager of the premises shall be afforded an opportunity to present such evidence and arguments as he may desire. At the close of such hearing a determination shall be made as to whether or not such place poses a threat or harm or is deleterious to the health, morals, welfare or safety of minors. (Ord. No. 222, Sec. 6)

e Notice to Close Business

Upon determination as hereinabove provided that such place does pose a threat or harm or is deleterious to the health, morals, welfare or safety of minors a notice in writing of such determination shall be given to the owner, lessee, occupant or manager that such place shall close within five (5) days after such notice is received unless evidence to the satisfaction of either the City Council or the Chief of Police has been presented showing correction or elimination of such condition prior to such time. (Ord. No. 222, Sec. 7)

f Maintenance of Premises for Public Use Prohibited

After such written notice has been given as provided herein it shall be unlawful for any person to continue to maintain such premises or cause the same to be maintained or open to the public or minors, or to allow minors upon such premises. (Ord. No. 222, Sec. 9)

(g) Business Not to be Issued License

Upon any determination as herein provided that any business does pose a threat or harm or is dangerous or deleterious to the health, morals, welfare or safety of minors, no business license shall be issued for the premises until such condition or circumstances have been corrected to the satisfaction of the City Council or the Chief of Police and any existing business license shall be automatically revoked. (Ord. No. 222, Sec. 8)

a Definitions

For purposes of this section, the following terms have the following meanings:

"City" means City of Tustin.

"Curfew hours" means the period from 11:00 p.m. any evening of the week, until 5:00 a.m. the following day.

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

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

"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.

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

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

"Public place" means any place in the City of Tustin to which the public has access and includes, but is not limited to, streets, highways, alleys and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping centers, and malls.

"Remain" means to linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

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

"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.

b Curfew Restriction

(1) It shall be unlawful for any minor to be present in any public place or on the premises of any establishment within the City during curfew hours;

(2) No parent or guardian of a minor shall knowingly permit, or by insufficient control, allow any minor to remain in any public place or on the premises of any establishment within the city during curfew hours;

(3) No owner, operator or employee of any establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

c Exceptions

(1) It is a defense to prosecution under this Section that the minor is:

(a) Accompanied by the minor's parent or guardian, or by a responsible adult;

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

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

(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(e) Involved in an emergency;

(f) On the sidewalk abutting the minor's residence;

(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Tustin, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, any of the foregoing activities;

(h) Exercising First Amendment rights of speech or associational activity protected by the United States Constitution or civil liberties protected by the California Constitution; or is

(i) Emancipated pursuant to federal or state law.

(2) It is a defense to prosecution under this Section if the parent notified the police department that the minor was out after curfew hours without permission, or failed to obey the parents' order to stay home during curfew hours.

(3) It is a defense to prosecution under this Section if 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.

d Enforcement

(1) Every law enforcement officer is hereby authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating this Section and does not come within the exceptions herein that such person give his or her name and address, and the name of his or her parent(s), guardian(s) or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of his or her age and that he or she comes within the exceptions herein.

(2) If, after demanding the information described in subpart 1 above the officer still has reasonable cause to believe the person is violating this Section and does not come within the exceptions herein, the officer is hereby authorized and empowered to take any or more than one of the following actions:

(a) To issue a warning to such person and/or his or her parent(s) or guardian(s) about the consequences of violating this Section;

(b) To take such minor into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult;

(c) To communicate with the parent(s) or guardian(s) of such minor and demand from any of them the information described in subpart (1) above;

(d) To communicate with the parent(s) or guardian(s) of such minor and demand of any of them that he or she take the minor to the minor's residence or to any place where the minor will be supervised by a responsible adult;

(e) To issue to such minor a notice to appear before the Juvenile Court, a Juvenile Court referee or a juvenile traffic hearing officer, as appropriate;

(f) To take such minor into temporary custody in accordance with Welfare and Institutions Code Sections 625 and 625.5, subject to Welfare and Institutions Code Section 207;

(g) To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the officer to safeguard the well being of such minor.

(3) A law enforcement officer shall not take any of the enforcement actions described in part (2) above unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating this Section and, based upon any responses and other circumstances, has no defense hereunder.

e Failure of parent or guardian to take minor to safe place during curfew hours

It is unlawful for any parent or guardian to fail to take a minor to his or her residence or to a place where he or she will be supervised by a responsible adult, when so demanded by any law enforcement officer in accordance with subpart (2) (d) of subsection (d) above.

f Violation and Penalty

Any person violating the provisions of this Section shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars for a first violation, one hundred fifty for a second violation of the same provision within any twelve consecutive month period, and two hundred for a third violation of the same provision within any twelve consecutive month period. Any fourth and subsequent violation of the same provision of this Section within any twelve consecutive month period shall be a misdemeanor punishable by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. (Ord. No. 454, Sec. 1; Ord No. 1068, Sec. 1, 5-20-91; Ord. No. 1216, Sec. 2, 5-17-99)

It shall be unlawful to sell or offer to sell, rent, lease, expose, exhibit or circulate in any public place, or anywhere in view of a store or place frequented by minors, or where it may come into the possession of or be disclosed to minors, any immoral, indecent or obscene publication. Immoral, indecent or obscene publications shall include printed written matter, photographs, motion picture films, videotapes or any other representation which:

(a) The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(b) Depicts or describes patently offensive representations or descriptions of:

(1) Ultimate sexual acts, normal or perverted, actual or simulated; or

(2) Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

Nothing herein contained is intended to include or prescribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value. (Ord. No. 819, Sec. 4, 2-19-80)

CROSS REFERENCES: Lewd films, section 3251 et seq.; adult businesses, section 9611 et seq.

a A Public Property

No person, after first being warned by a law enforcement officer, shall stand, sit, or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area, or mall so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct, or prevent the free access to the entrance of any building open to the public.

b Private Property Open to the Public

No person after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall stand, sit, or lie in or upon any portion of private property utilized for public space, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; (nor) shall any person block, obstruct, or prevent the free access to the entrance of any building open to the public.

(Ord. No. 1069, Sec. 1, 6-3-91; Ord. No. 1287, Sec. 4, 8-16-04)