Williams Municipal Code Ch. 9.04 Nighttime Juvenile Curfew

Footnotes:

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Prior ordinance history: Ord. No. 3-81, 1981.

Minors, due to their lack of experience and knowledge in making critical decisions regarding the safety of themselves and others, are particularly vulnerable to the dangers that are present at public places and business establishments at night because of criminal activity perpetrated against and by minors. Minors' particular vulnerability to these dangers creates a compelling governmental interest in providing a higher degree of protection for minors during nighttime hours. For these reasons, and because the experience of the city and the experiences of other cities in California and in the United States have shown that juvenile curfews effectively reduce the amount of crime perpetrated against and by minors at night, the city adopts this nighttime juvenile curfew.

(Ord. 103-97 § 2(part), 1997)

The following definitions shall apply to the terms used in this chapter:

A. Adult. "Adult" means a person eighteen years of age or older.

B. Business establishment. "Business establishment" means a privately owned place of business, whether for-profit or nonprofit, that is open to the public. This definition includes without limitation business providing amusement or entertainment.

C. Curfew hours. "Curfew hours" means the hours beginning at ten p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday nights and ending at six a.m. on the following mornings, and beginning at twelve a.m. (midnight) on Friday and Saturday nights and ending at six a.m. on the following mornings.

D. Emergency. "Emergency" means an unforeseen circumstance or combination of circumstances that, due to an imminent threat to a person's health, safety or property, calls for immediate action involving a minor's presence at a public place or business establishment within the city during curfew hours. This definition includes without limitation fires, natural disasters and automobile accidents.

E. Guardian. "Guardian" means either: (1) a person who acts as the guardian of the minor pursuant to a court order; or (2) a public or private agency with whom the minor has been placed pursuant to a court order.

F. Minor. "Minor" means a person under eighteen years of age.

G. Parent. "Parent" means a person who is a natural parent, step-parent, adoptive parent or foster parent of the minor.

H. Public place. "Public place" means a place to which the public, or a substantial segment of the public, has access. This definition includes, without limitation streets, alleys, highways, sidewalks, parks, transportation facilities and the common areas of schools, hospitals, apartment houses and office buildings.

I. Responsible adult. "Responsible adult" means a person who is at least eighteen years of age and is authorized by a minor's parent or guardian to have care and custody of the minor.

(Ord. 103-97 § 2(part), 1997)

A. Subject to the exceptions provided in Section 9.04.040, it shall be unlawful for any minor to be present at any public place or business establishment within the city during curfew hours.

B. Subject to the exceptions provided in Section 9.04.040, it shall be unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present at any public place or business establishment within the city during curfew hours.

C. Subject to the exceptions provided in Section 9.04.040, it shall be unlawful for any adult knowingly to permit, or by insufficient control to allow, a minor to be present within the city during curfew hours at any public place or business establishment over which the adult has ownership or control. However, an adult shall not be deemed to have violated this section if a minor remains at a public place or business establishment over which the adult has ownership or control during curfew hours after the adult has directed the minor to leave the premises immediately and has promptly notified the city police department of the minor's apparent violation of this chapter.

(Ord. 103-97 § 2(part), 1997)

A minor's presence at public place or business establishment shall not be prohibited under Section 9.04.030 of this chapter in any of the following situations:

A. The minor is legally emancipated;

B. The minor is accompanied by his or her parent or guardian, or by a responsible adult;

C. The minor is engaged in legal employment activity, or is travelling to or from legal employment activity without any intervening detour or stop;

D. The minor is attending an official school, religious or other recreational activity that is supervised by an adult or adults and sponsored by the city, a school, a church, a civic organization or other similar entity that assumes responsibility for the custody and care of the minor, or is travelling to or from such an activity without any intervening detour or stop;

E. The minor is doing a verified errand for his or her parent or guardian or a responsible adult without any intervening detour or stop;

F. The minor is riding in a motor vehicle in interstate or intrastate travel through the city without any intervening detour or stop in the city;

G. The minor is involved in an emergency;

H. The minor is present on the sidewalk or other public right-of-way abutting the minor's residence; or

I. The minor is engaging in otherwise lawful conduct the primary purpose of which is the exercise of First Amendment rights to free expression under the United States Constitution.

(Ord. 103-97 § 2(part), 1997)

A. Before taking any enforcement action against any person for a minor's apparent violation of this chapter, a police officer shall inquire regarding the minor's age and reason for being at the public place or business establishment within the city during curfew hours. The police officer shall not issue a citation to, or make an arrest of, any person under this chapter unless the police officer reasonably believes, based upon his or her inquiry and upon other relevant circumstances, that none of the exceptions set forth in Section 9.04.040 applies.

B. A police officer investigating an apparent violation of this chapter may take reasonable actions to detain minors suspected of violating this chapter while the police officer attempts to contact the minor's parent or guardian.

(Ord. 103-97 § 2(part), 1997)

Violation of this chapter by an adult or a minor is punishable as a misdemeanor under Chapter 1.12 of Title 1 of this Code. Any person who violates this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Adults who violate this chapter are subject to arrest and/or citation for the offense. Violation of this chapter by minors shall be handled according to applicable law and procedures for juvenile offenders.

(Ord. 103-97 § 2(part), 1997)