Wheatland Municipal Code Ch. 9.04 Curfew for Minors

Note: Prior ordinance history: Ord. No. 270.

For the purpose of this chapter, the following words and phrases are defined, unless it shall be apparent from their content that a different meaning is intended:

"Business"

means any privately owned, lawful place of business operated for a profit and open to the public, including but not limited to, any place of amusement or entertainment.

"Curfew hours"

means ten p.m. on any day until five a.m. of the following day; except that, as applied to any public park or playground, "curfew hours" means the time of sunset on any day until five 5:00 a.m. of the following day.

"Emergency"

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

"Guardian"

means:

A person who, under court order, is the guardian of the person of a minor; or

A public or private agency with whom a minor has been placed by a court.

"Minor"

means any person under eighteen years of age.

"Parent"

means a person who is:

A natural parent, adoptive parent or step-parent of another person; or

A responsible adult at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Public place"

means any place to which the public or a substantial group of the public as access, including, but not limited to, streets, highways, roads, alleys, sidewalks, public parks, public playgrounds, parking lots, vacant lots, and the common areas of schools, apartment projects, hospitals, office buildings and stores.

"Remain"

means to:

Linger or stay; or

Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(Ord. 386 § 2, 2004)

A. It is unlawful for any minor to remain in or upon any public place, or within or on a parked motor vehicle located in or upon a public place, within the city during curfew hours.

B. It is unlawful for any minor to fail to leave any public place within the city when requested to do so by a peace officer or the owner, operator or person in control of the public place, during curfew hours.

C. It is unlawful for any parent or guardian of any minor knowingly to permit, or by insufficient control to allow, the minor to remain in any public place within the city during curfew hours.

(Ord. 386 § 2, 2004)

The offenses listed in Section 9.04.020 are limited and shall not apply when the minor is:

A. Accompanied by the minor's parent or guardian;

B. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

C. Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without any detour or stop;

D. Involved in an emergency;

E. Attending a school, religious, community, athletic or other outdoor recreational activity or event, such as a movie, play, concert, dance, game, practice, night class or library, that is supervised by an adult and sponsored by the City of Wheatland, a local school district, Little League or other athletic league or association, a civic, community or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from such activity or event without any detour or stop;

F. Going to or returning home from a business or other indoor location without any detour or stop;

G. Emancipated in accordance with applicable state law;

H. In a motor vehicle involved in interstate or intrastate travel;

I. On the sidewalk abutting the minor's residence; or

J. Exercising his or her First Amendment rights protected by the United States Constitution.

(Ord. 386 § 2, 2004)

Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no limitation or exception as described in Section 9.04.030 is present or applicable.

(Ord. 386 § 2, 2004)

A. For violations of curfew under this chapter, the police officer shall transport, detain, release or otherwise process the minor in accordance with the provisions in Welfare and Institutions Code Sections 626 and 626.5.

B. Any person who violates any provision of this chapter or who fails to comply with any of its requirements is guilty of a misdemeanor and shall be punishable as provided in Chapter 1.16.

(Ord. 386 § 2, 2004; Ord. 412 § 33, 2009)