Westlake Village Municipal Code Ch. 4.2 Curfew

For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

A. "Custodial person" means any parent or legal guardian of a minor, or any person eighteen (18) years of age or older who is authorized by a parent or legal guardian to take care and have custody of a minor.

B. "Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

C. "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.

D. "Minor" means a person under the age of eighteen (18) years.

E. "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.

(Ord. No. 166-00, Enacted, 9/27/00)

Unless the minor meets one or more of the exceptions set forth in Section 4.2.040 of this Chapter, it is a misdemeanor for any minor to be present between the hour of 10:00 p.m. and the time of sunrise of the following day in or upon any of the following places: (1) any public or private street, road, drive, alley, or trail; (2) any public or community park or recreation area; (3) any public ground, place, or building; or (4) any vacant lot or abandoned or vacant building.

(Ord. No. 166-00, Enacted, 9/27/00)

Unless the minor meets one or more of the exceptions set forth in Sections 4.2.040 or 4.2.050 of this Chapter, it is misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when the minor's school is in session, in or upon any of the following places: (1) any public or private street, road, drive, alley, or trail; (2) any public or community park or recreation area; (3) any public ground, place, or building; or (4) any vacant lot or abandoned or vacant building.

(Ord. No. 166-00, Enacted, 9/27/00)

The curfews in this Chapter shall not apply if:

A. The minor is accompanied by a custodial person;

B. The minor is on an errand directed by, and in possession of written permission to conduct the errand from, a custodial person;

C. The minor is engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, or other lawful educational or recreational activity supervised by adults and sponsored by the school, the City, a civic organization, or a similar entity that takes responsibility for the minor;

D. The minor is engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such lawful employment activity;

E. The minor is engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

F. The minor is involved in an emergency or seeking medical assistance;

G. The minor is exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution when a minor has in his or her possession written permission from a custodial person to engage in such activity;

H. The minor is in the right-of-way abutting the minor's residence;

I. The minor is in a motor vehicle involved in interstate travel; or

J. The minor is emancipated pursuant to State law and California Family Code Section 7000, et seq., for reasons including but not limited to the following: married or in the military service.

(Ord. No. 166-00, Enacted, 9/27/00)

Section 4.2.040 shall not apply where:

A. The minor is in possession of a valid, school-issued, off-campus permit giving permission to leave campus;

B. The minor is receiving instruction by a qualified tutor pursuant to Education Code Section 48224;

C. The minor is otherwise exempt from attendance at a public or private full-time day school;

D. The minor is authorized to be absent from school pursuant to the provisions of Education Code Section 48205, or any other applicable state or federal law; or

E. The minor is receiving home or private school instruction pursuant to Education Code Section 48222.

(Ord. No. 166-00, Enacted, 9/27/00)

Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Chapter is guilty of a misdemeanor.

(Ord. No. 166-00, Enacted, 9/27/00)

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor which is punishable as provided in Chapter 1.2 of this Code; provided, however, a court may order the following instead of a fine:

A. Community Service: (1) for no more than ten (10) hours for the first violation; (2) for no less than ten (10) hours and no more than twenty (20) hours for the second violation; and (3) for no less than twenty (20) hours and no more than fifty (50) hours for each additional violation of this Chapter committed within one year after the second violation of this Chapter; or

B. Parenting classes.

(Ord. No. 166-00, Enacted, 9/27/00)

In order to enforce the provisions of this Chapter, a deputy of the Los Angeles County Sheriffs Department shall ask the age of an apparent offender and the reason for being on the premises or property. The deputy shall not issue a citation or make an arrest unless the deputy reasonably believes that an offense has occurred and that none of the exceptions set forth in Sections 4.2.040 and 4.2.050 of this Code apply. For violations of the nighttime curfew in Section 4.2.020, the deputy shall transport or detain the minor in accordance with the provisions in Welfare and Institutions Code Section 625.5.

(Ord. No. 166-00, Enacted, 9/27/00)

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this Chapter not been enacted.

(Ord. No. 166-00, Enacted, 9/27/00)

In accordance with Welfare and Institutions Code Section 625.5, the City Council may adopt a resolution which will allow the City to impose a fee for the actual administrative and transportation costs incurred by the City in returning a minor, who violates the nighttime curfew in Section 4.2.020, to his or her place of residence or to the custodial person in charge of the minor. Pursuant to Welfare and Institutions Code Section 625.5(d), said costs shall not be charged for the first violation of Section 4.2.020 by a minor. The minor, the minor's parents, and the minor's legal guardian shall be jointly and severally liable for the costs of providing such services.

(Ord. No. 166-00, Enacted, 9/27/00)