Whittier Municipal Code Ch. 9.42 Daytime Curfew for Minors

The purpose and intent of this chapter is to prohibit any minor between the ages of six and eighteen who is subject to compulsory school requirements under state law from remaining in any public place or on the premises of any establishment within the city between the hours of eight a.m. and two-thirty p.m. on days when school is in session with certain exceptions.

(Ord. 2719 § 2, 1997)

The following definitions are applicable to this chapter:

"City" means the city of Whittier, a municipal corporation created under the laws of the state of California.

"Curfew hours" means the period between the hours of eight a.m. and two-thirty p.m. on days when school is in session and during the hours designated for schooling for the minor.

"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.

"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.

"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.

"Minor" means any person between the ages of six and eighteen years of age who is subject to compulsory education or compulsory continuation education or homeschooling requirements under state law (pursuant to Education Code Section 48200 et seq.). This definition shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.

"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

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

"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, beaches, parks, playgrounds and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls or any other public place of business.

"Remain" means to: (1) linger, stay or be present; or (2) fail to leave the premises when requested to do so by a peace officer or the owner, operator or an employee of an establishment.

"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.

"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. 2719 § 3, 1997)

A. It is unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

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

C. It is unlawful for any owner, operator or employee of an establishment to knowingly allow a minor to remain in or upon the premises of an establishment within the city during curfew hours.

(Ord. 2719 § 4, 1997)

A. It is a defense to prosecution under Section 9.42.030 that the minor was:

1. Accompanied by the minor's parent or guardian, or by a responsible adult, and they are conducting activities which are "excused" within the meaning of Education Code Section 48205;

2. On an emergency errand at the direction of the minor's parent or guardian or by a responsible adult, without detour or delay;

3. Going to or from an employment activity, without detour or delay, or engaged in an employment activity, pursuant to a valid school work permit;

4. Going to or from a medical appointment, without detour or delay, and can demonstrate proof of that appointment;

5. Given permission to leave campus for the lunch period, has in his/her possession a valid lunch pass and has complied with the conditions and restrictions applicable to the lunch pass;

6. Attending an official school, religious or other recreational activity supervised by adults and sponsored, sanctioned, or arranged by the school, or going to or returning from such an activity, without detour or delay;

7. Exercising First Amendment rights protected by the United States Constitution;

8. Given permission to leave campus, has in his/her possession a valid school-issued, off-campus permit and has complied with the conditions and restrictions applicable to the off-campus permit;

9. Not a resident of a school district within the city and possesses a valid passport, visitor's visa, or other form of reliable identification to establish that the minor is temporarily visiting within the city; or

10. Receiving instruction by a qualified tutor pursuant to Education Code Section 48224 or receiving home instruction through the private exemption pursuant to Education Code Section 48222.

B. In addition to those defenses provided in subsection A of this section, it is a defense to prosecution under Section 9.42.030(C) that the owner, operator or employee of an establishment promptly notified the city's police department of the fact that a minor was present on the premises of an establishment within the city during curfew hours and refused to leave the establishment after first being asked to leave.

(Ord. 2719 § 5, 1997)

(Ord. No. 3112, § 2, 2-25-20)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's 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 section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 9.42.040 is present or applicable.

(Ord. 2719 § 6, 1997)

A minor who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed. Any minor who violates the provisions of Section 9.42.030 shall be guilty of an infraction upon conviction thereof. The infraction offense(s) shall be punishable as follows:

A. First-Offense Infraction. The initial violation of this chapter shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the court not to exceed one hundred dollars and/or any other penalty provided by Welfare and Institutions Code Section 258.

B. Second-Offense Infraction. The second violation of this chapter shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the court not to exceed two hundred dollars and/or any other penalty provided by Welfare and Institutions Code Section 258.

C. Third- or Subsequent-Offense Infraction. The third or subsequent violation of this chapter shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the court not to exceed five hundred dollars and/or any other penalty provided by Welfare and Institutions Code Section 258.

D. The court may set aside the penalties set forth herein if the minor produces proof satisfactory to the court that the following have occurred:

1. The minor has had no unexcused absences from school from the date of the citation; and

2. The minor has performed twenty hours of court-approved community service during times other than the minor's hours of school attendance; and

3. The minor's parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and

4. The minor and parent or guardian have attended counseling as directed and approved by the court.

(Ord. 2719 § 7, 1997)

A minor cited for a violation of this chapter must attend a court hearing on the violation and must be accompanied by his/her parent or guardian. If any such parent or guardian fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parent or guardian directing that person to appear at the continued hearing with the minor (pursuant to Welfare and Institutions Code Section 661).

(Ord. 2719 § 8, 1997)

(Ord. No. 3112, § 2, 2-25-20)

A parent or guardian who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed. Any parent or guardian who violates the provisions of Section 9.42.030 shall be guilty of an infraction upon conviction thereof. The infraction offense(s) shall be punishable as follows:

A. A fine not exceeding one hundred dollars for a first violation.

B. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.

C. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

D. The court may set aside the penalties set forth herein if the parent or guardian produces proof satisfactory to the court that the following have occurred:

1. The minor has had no unexcused absences from school from the date of the citation; and

2. The parent or guardian has performed twenty hours of court-approved community service; and

3. The parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and

4. The minor and parent or guardian have attended counseling as directed and approved by the court.

(Ord. 2719 § 9, 1997)

(Ord. No. 3120, § 20, 7-28-20)

An owner, operator or employee of an establishment who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed. Any owner, operator or employee of an establishment who violates the provisions of Section 9.42.030 shall be guilty of an infraction upon conviction thereof. The infraction offense(s) shall be punishable as follows:

A. A fine not exceeding one hundred dollars for a first violation.

B. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.

C. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

(Ord. 2719 § 10, 1997)

(Ord. No. 3120, § 21, 7-28-20)

A. Determination by Court. When, based on a conviction for a violation of this chapter or for wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor is detained for a period of time in excess of one hour, and the detention required the supervision of the minor by an employee(s) of the city's police department, the parent or guardian of said minor shall be jointly and independently liable for the cost of providing such personnel over and above the services normally provided by the department. The liability shall not exceed the total sum of five hundred dollars.

B. Determination by chief of police. As determined by the chief of police or his/her designee, the parent or guardian of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the city's police department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by the department. The liability shall not exceed the total sum of five hundred dollars.

C. Appeal. Any person receiving a bill for police services pursuant to this chapter may, within fifteen days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding such billing shall be heard by the city manager, or his/her designee, as the hearing officer. Within ten days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty days after notice of the decision of the hearing officer.

(Ord. 2719 § 11, 1997)

(Ord. No. 3112, § 2, 2-25-20)