Visalia Municipal Code Ch. 9.08 Curfew

The city council declares that since it has been determined that the general presence of unsupervised minors on public streets and parking lots between eleven p.m. and five a.m. of the following day is contrary to the public peace, health and safety, and has contributed to the delinquency of minors, a worsening of the drug problem, and an increase in juvenile crime, the purpose of this chapter is to require, with certain exceptions, that minors stay at home or be under adult supervision between eleven p.m. and five a.m. of the following day to reduce the problems of juvenile delinquency, drugs and crime. (Prior code § 5700)

The city council desires to establish a curfew ordinance in order to reduce crime and general problems of juvenile delinquency and, at the same time, comply with the requirements of law. This intent is based upon:

A. The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults;

B. Juvenile crime, especially nighttime crime, has increased and other jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief;

C. In the past year, minors have increasingly been victims of violent crime, and the adoption and enforcement of a curfew ordinance will reverse this trend;

D. Curfew ordinances would reinforce parental authority and supervision. (Prior code § 5702)

For the purpose of this chapter, any person under the age of eighteen (18) shall be deemed a minor. (Prior code § 5704)

It is unlawful for any minor to loiter, wander idle, stroll, ride or drive about aimlessly in or upon any public street, curb area, sidewalk, alley, park, playground, public place, public building, place of amusement or eating place, parking lot or unsupervised place between the hours of eleven p.m. and five a.m. of the immediate following day. (Prior code § 5706)

The provisions of this chapter shall not apply to:

A. Any minors accompanied by his or her parent or parents, legal guardian or other adult person having legal care or custody of the minor, or by his or her brother, sister or spouse eighteen (18) years of age or older;

B. Any minor performing an errand or task at the direction of his or her parent or legal guardian, or to any minor responding to an emergency with or without parental consent;

C. Any minor then acting within the course or scope of his or her employment;

D. Any minor on the property of, or immediately adjacent to the building in which he or she resides;

E. Any minor returning home from a public meeting, sporting event, school activity, or a place of public entertainment such as a movie, play, concert or special event;

F. Any minor in the military service of the United States;

G. Any minor attending a constitutionally protected activity such as school meetings, classes, religious meetings, or similar organized associational activities;

H. Any minor engaged in reasonable and direct travel to and from those activities described in subsections (E) and (G) of this section. (Prior code § 5708)

The city council authorizes every police officer to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 9.08.040, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, and other information reasonably necessary to determine whether such violation exists. (Prior code § 5710)

A. It is unlawful and an infraction to violate Section 9.08.040 of this chapter.

B. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two-hundred fifty dollars ($250.00) for each additional violation of this chapter within one year.

C. Any minor convicted under section (B) of this section who is unable to pay the fine, the parent(s), guardian or other person having legal care, custody or control become personally liable for the fine imposed. (Prior code § 5712)