Ventura Municipal Code Art. 2 Nighttime Juvenile Curfew

By enacting a curfew regulation that applies to minors and their parents, the city council intends to preserve and promote the safety and welfare of the community and minors during late night hours. This regulation is intended to reasonably balance the public interest and the protected rights of minors and their parents. This balance is achieved by applying the principle that parental responsibility for a minor’s conduct is paramount to the city’s regulatory authority. Enforcement of this curfew only becomes necessary in the absence of parental authority. (Code 1971, § 6.02.010)

The following definitions shall apply to this article:

“Curfew hours” means the hours between 10:00 p.m. and 6:00 a.m. on the following day.

“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, without limitation, fire, natural disaster, 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, without limitation, to any place of amusement or entertainment.

“Guardian” means:

1. A person who, pursuant to court order, is the guardian of the person of a minor; or

2. A public or private agency with which the court has placed a minor.

“Minor” means any person under the age of 18.

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

“Public place” means any place to which any member of the public has access, including, without limitation, public rights-of-way, public grounds, dedicated open or trail space, or any privately owned unsupervised land that is open and generally available to the public including, without limitation, vacant lots, school parking lots and common areas of hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls.

“Responsible adult” means the parent, guardian, or adult person at least 18 years old having the responsibility for the care, custody, and control of a minor as authorized by a parent or guardian. (Code 1971, § 6.02.020)

No minor shall be present in any public place or establishment during curfew hours. (Code 1971, § 6.02.030)

No responsible adult shall knowingly permit, or by insufficient control to allow, a minor to be present in any public place during curfew hours. (Code 1971, § 6.02.040)

The prohibitions described in this article shall not apply to any minor who, in the alternative, is:

A. Accompanied by their responsible adult;

B. Engaged in or directly en route to or from an employment activity;

C. Engaged in an emergency;

D. Present at a public place abutting the minor’s residence;

E. Attending or directly en route to or from a school sponsored, religious, or recreational activity supervised by at least one responsible adult and sponsored and conducted by the city of San Buenaventura, a civic organization, public agency, charitable organization, religious entity, or another similar entity that takes responsibility for the minor;

F. On an errand at the direction of the minor’s responsible adult without any detour or stop;

G. In a motor vehicle involved in interstate travel;

H. Exercising First Amendment rights protected by the United States Constitution while being supervised by at least one responsible adult; or

I. Legally emancipated. (Code 1971, § 6.02.050)