Twentynine Palms Municipal Code Ch. 11.24 Juvenile Curfew

(a) Definitions. As used herein, the following words and phrases shall have the meaning set out.

(1) "Emergency" means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

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

(3) "Guardian" means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

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

(5) "Parent" means a person who is a natural, adoptive or stepparent or someone at least eighteen (18) years old authorized by a parent or guardian to have care, custody or control of the minor.

(6) "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 and the common areas of school, apartment houses, office buildings, transport facilities and shops.

(b) In addition to the provisions of Section 11.24.020 of the Code, and except as set out in subsection (b), below, it is unlawful for any minor under the age of eighteen (18) who is subject to compulsory education or to compulsory continuation education requirements to remain in any public place or establishment within the City between the hours of 7:30 a.m. and 1:50 p.m. or other hours as designated by the respective school district or school on days when school is in session. This section shall not apply to minors with special schedules, as determined by the respective school district or school, including, but not limited to, children involved in special education or home teaching. Minors who graduate from high school prior to their eighteenth birthday shall not be subject to this ordinance.

(c) Truancy Exceptions. The provisions of subsection (a) do not apply when:

(1) The minor is accompanied by his or her parent(s), legal guardian, or by his/her spouse eighteen (18) years of age or older.

(2) The minor's parent(s) or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours.

(3) The minor is involved in an emergency.

(4) The minor is attending, going to or returning home without any detour or stop from a meeting, school activity, civic organization, educational, religious or recreational activity.

(5) The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop.

(6) The minor is in a motor vehicle involved in interstate travel.

(7) The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion.

(8) The minor is on the sidewalk adjacent to his/her residence.

(9) The minor is going directly to or returning directly from a medical appointment.

(10) The minor has permission to leave campus for lunch.

Any minor who violates this section is guilty of a misdemeanor.

(Ord. 142 § 2, 1998)

Sections 25.011 and 25.012 of the County Code are superseded in their entirety and readopted to read as follows:

(a) Definitions. As used herein, the following words and phrases shall have the meaning set out.

(1) "Emergency" means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

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

(3) "Guardian" means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

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

(5) "Parent" means a person who is a natural, adoptive or stepparent or someone at least eighteen (18) years old authorized by a parent or guardian to have care, custody or control of the minor.

(6) "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 and the common areas of school, apartment houses, office buildings, transport facilities and shops.

(b) It is unlawful for any minor under the age of eighteen (18) to remain in any public place or establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this Chapter shall not apply if any of the following apply:

(1) The minor is accompanied by his or her parent(s), legal guardian, or by his/her spouse eighteen (18) years of age or older.

(2) The minor's parent(s) or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours.

(3) The minor is involved in an emergency.

(4) The minor is attending, going to or returning home without any detour or stop from a meeting, school activity, civic organization, educational, religious or recreational activity.

(5) The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop.

(6) The minor is in a motor vehicle involved in interstate travel.

(7) The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion.

(8) The minor is on the sidewalk adjacent to his/her residence.

Any minor who violates this section is guilty of a misdemeanor.

(Ord. 143 § 2, 1998)