Chapter 9.40 — NIGHTTIME CURFEW FOR MINORS

The provisions of this chapter are adopted in accordance with the authority granted to the city under the police power delegated to it by the Constitution of the state of California. The police power provides the city with the authority to react when the potential exists for jeopardy to the public health, safety and general welfare of its citizens. The city is concerned with the level of juvenile violence, juvenile gang activity and juvenile crime in the city. The crimes being committed by juveniles include serious offenses such as murders, drive-by shootings, drug-related crimes and other gang-related activities. Moreover, juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. In addition, recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. Based on the foregoing, the city believes that having an enforceable nighttime juvenile curfew ordinance is critical to preserving the public health, safety and welfare.

(Ord. 2718 § 3, 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 from ten p.m. any evening of the week, until six a.m. the following day.

"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 of 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 under eighteen years of age.

"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 and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

"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 employee of an establishment.

"Responsible adult" means a person of 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 functions of any bodily member or organ.

(Ord. 2718 § 4, 1997)

A.

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.

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 be present on the premises of an establishment within the city during curfew hours.

(Ord. 2718 § 5, 1997)

A.

It is a defense to prosecution under Section 9.40.030 that the minor was:

Accompanied by the minor's parent or guardian, or by a responsible adult;

On an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or delay;

In a motor vehicle involved in interstate travel;

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

Involved in an emergency;

On the sidewalk abutting the minor's residence;

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 such an activity, without detour or delay;

Exercising First Amendment rights protected by the United States Constitution; or

Emancipated pursuant to law.

B.

In addition to those defenses provided in subsection A of this section, it is a defense to prosecution under Section 9.40.030(C) that the owner, operator or employee of an establishment promptly notify 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. 2718 § 6, 1997)

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 9.40.040 is present or applicable.

(Ord. 2718 § 7, 1997)

A person 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. Penalties are provided as follows:

A.

Any minor who violates the provisions of Section 9.40.030 shall be guilty of a misdemeanor upon conviction thereof. Minors shall be dealt with in accordance with juvenile court law and procedure as provided by applicable state law.

B.

Any parent, guardian, owner, operator or employee of an establishment who violates the provisions of Section 9.40.030 shall be guilty of an infraction upon conviction thereof. The infraction offense(s) shall be punishable as follows.

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

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

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

(Ord. 2718 § 8, 1997)

(Ord. No. 3120, § 19, 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 requires 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 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. 2718 § 9, 1997)

(Ord. No. 3112, § 2, 2-25-20)