Victorville Municipal Code Ch. 13.25 Juvenile Curfew

For purposes of this chapter:

(1) "Curfew hours" means the period from ten p.m. until six a.m. the following day.

(2) "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, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(3) "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.

(4) "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 the court.

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

(6) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person.

(7) "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 schools, hospitals, apartment houses, office buildings, transport facilities and shops.

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

(9) "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.

(Ord. 2012 § 2 (part), 2003)

It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours and for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during such curfew hours.

(Ord. 2012 § 2 (part), 2003)

It is a defense to prosecution under Section 13.25.020 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 the responsible adult, without any detour or stop;

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

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

(5) Involved in an emergency;

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

(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(8) Exercising First Amendment rights protected by the United States Constitution;

(9) Emancipated pursuant to law.

(Ord. 2012 § 2 (part), 2003)

Before taking any enforcement action under Section 13.25.020, a police officer shall ask the apparent offenders age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this chapter unless the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 13.25.030 is present or applicable.

(Ord. 2012 § 2 (part), 2003)

(a) Pursuant to Section 625.5 of the California Welfare and Institutions Code, as implemented by Resolution No. 03-101, a police officer may temporarily detain any minor upon a reasonable suspicion that the minor is in violation of Section 13.25.020 and transport the minor to his or her residence or to the custody of his or her parents or legal guardian.

(b) The police officer may decide not to temporarily detain and transport the minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating Section 13.25.020, including the defenses set forth at Section 13.25.030.

(Ord. 2012 § 2 (part), 2003)

(a) Notwithstanding Section 1.04.010 of this code, any person violating Section 13.25.020 shall be guilty of a misdemeanor. Minors shall be penalized in accordance with juvenile court law as stated in Section 258 and other applicable sections of the Welfare and Institutions Code, and may be subject to a fine not to exceed two hundred and fifty dollars.

(b) Any minor violating the provisions of Section 13.25.020 may, upon the first violation, be issued a warning citation which shall comply with all the requirements for notification set forth at Section 625.5(d) of the California Welfare and Institutions Code, including a warning that upon a second violation, the parents or legal guardian may be held liable for actual and transportation costs.

(c) Upon a second or any subsequent violation of Section 13.25.020 by a minor within a twelve-month period, a fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the minor, his or her parents or legal guardian in accordance with Section 625.5(e) of the California Welfare and Institutions Code.

(Ord. 2012 § 2 (part), 2003)