Ventura Municipal Code Art. 3 Safe Students Daytime Curfew

This article is adopted pursuant to the city’s police powers for the purpose of imposing a daytime curfew upon minors subject to a compulsory education. By establishing this daytime curfew, the city council intends to preserve and promote the safety and welfare of the community and minors during daytime hours. The city council believes that intervention by law enforcement, schools, and parents at the earliest stage possible is a superior means of reducing or eliminating more serious delinquent behavior of minors. 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. (Ord. No. 2002-16, § 2, 8-5-02)

The following definitions will apply to this article:

“Curfew hours” means the hours between 8:30 a.m. and 12:30 p.m. on days when a minor’s school is in session.

“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.

“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 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 the 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, hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls.

“Responsible adult” means the parent, guardian, or an adult person at least 21 years old authorized by the parent or guardian to have responsibility for the care, custody, and control of the minor. (Ord. No. 2002-16, § 2, 8-5-02)

No minor subject to compulsory education or compulsory continuing education will be present in any public place during curfew hours. (Ord. No. 2002-16, § 2, 8-5-02)

No responsible adult will knowingly permit, or by insufficient control allow, a minor subject to compulsory education or compulsory continuing education to be present in any public place during curfew hours. (Ord. No. 2002-16, § 2, 8-5-02)

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

A. Accompanied by a responsible adult; or

B. Engaged in or directly in route to or from an employment activity, or medical appointment; or

C. Engaged in any emergency; or

D. Attending or directly in route to or from a school-sponsored activity supervised by at least one responsible adult; or

E. In possession of a valid school identification card that indicates school attendance is not required at the time the minor is contacted; or

F. Receiving instruction by a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or

G. Legally emancipated; or

H. Attending an organized event to exercise First Amendment rights protected by the United States Constitution. (Ord. No. 2002-16, § 2, 8-5-02)

A. Each violation of this article constitutes a separate offense.

B. Notwithstanding any other penalty, a minor who is an offender of this article may be referred to their school for disposition in lieu of being prosecuted. (Ord. No. 2002-16, § 2, 8-5-02)