Woodlake Municipal Code Ch. 9.08 Curfew

Footnotes:

--- (1) ---

Editor's note— Ord. No. 597, § 2, adopted December 14, 2015, in effect repealed former ch. 9.08, § 9.08.010, and enacted a new ch. 9.08, §§ 9.08.010—9.08.050 as set out herein. Former ch. 9.08, § 9.08.010 pertained to loitering in public places by minors restricted and derived from Ord. 455, adopted in 1990.

For the purposes of this chapter, the following definitions shall apply:

"Curfew hours" refers to ten p.m., local time on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, until four a.m. the following day.

"Emancipated minor" is a minor who has entered into a valid marriage, is on active duty with any of the armed forces, or has received a declaration of emancipation, as more fully set forth in California Family Code Sections 7000 et seq.

"Emergency" means an unforeseen combination of circumstances which results in a reasonable necessity for immediate responsive or protective action, including but not limited seeking to obtain medical, police, fire or other reasonably urgent assistance. 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, loss of life or significant property damage.

"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.

"Express parental permission" is the verifiable permission of a minor's parent or legal guardian for the minor to be in or on any public street, public park or any other public place during the curfew hours set forth in this chapter. When stopped for a possible violation of this chapter, it shall be the minor's responsibility to demonstrate that he or she has express written parental permission. The minor may satisfy this burden through any reasonably verifiable means including, but not limited to, signed and verifiable documentation from a parent or legal guardian specifying the date, time and purpose of permission or presentation of a form developed and administered by the city police department. Written verification shall not be required in the case of an emergency or when unforeseen circumstances arise which reasonably prevent the minor from obtaining prior written permission. If a minor is unable to demonstrate that he or she has express written parental permission and no other exception applies, the minor may be transferred to the city police department and shall not be subject to custodial interrogation for a violation of this chapter. For minors who allege but are unable to demonstrate express parental permission, the peace officer with custody of the minor at the station must promptly attempt to contact the minor's parent or legal guardian to determine if the minor has express parental permission. If the peace officer determines that the minor has express written parental permission and the minor is not being held for any other charges, the minor must be released promptly and returned to the place of initial detention as authorized by the minor's parent or legal guardian. If the peace officer does not determine that the minor has express parental permission, the minor shall be deemed to be in violation of the appropriate provision of this chapter.

"Legitimate employment." Legitimate employment is any lawful source of employment or self-employment in connection with a business, trade, profession or occupation.

"Minor" is any person under the age of eighteen (18) years.

"Other public place" includes all other public or private property, in addition to a public street, public alley or public park, which is outdoors and immediately accessible by the public in general, such as plazas, parking lots, doorways or breezeways. Not included in this definition is the residence of a minor or the minor's actual relative or the portion of street, sidewalk or yard adjoining such residences.

"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 or legal guardian" is a person or spouse of a person who has the legal custody or care of a particular minor. For purposes of this chapter, parent or legal guardian also includes an adult who is accompanying a minor with the express written permission of the minor's parent or legal guardian.

"Public park" includes all grounds, roadways, squares, recreation facilities and other property placed under the control, management, and direction of the city public works department.

"Public street" includes all public sidewalks, crosswalks, roadways, alleys and intersections, but not sidewalks that are adjoining to a minor's residence or the residence of the minor's actual relative.

"Religious or political activity" includes, but is not limited to, a rally, demonstration, march, vigil, service or distribution of information which has as its primary focus political or religious purposes.

"Remain" means to linger, stay or fail to leave the premises when requested to do so by a peace officer or the owner, operator or other person in control of the premises.

(Ord. No. 597, § 3, 12-14-2015)

A. No minor shall remain in any public place or on the premises of any establishment within the city during curfew hours.

B. No parent or guardian of a minor shall permit, or by insufficient control allow, any minor who is subject to their authority to remain in any public place or on the premises of any establishment within the city during curfew hours.

C. No owner, operator, or employee of any establishment shall allow a minor to remain upon the premises of the establishment during curfew hours.

(Ord. No. 597, § 3, 12-14-2015)

A. It is a defense to prosecution under Section 9.08.020 if the minor was:

1. Accompanied by the minor's parent or legal guardian.

2. On an errand at the written direction of the minor's parent or legal guardian, without any detour or stop.

3. Engaged in legitimate employment activity, or going to or returning home from a legitimate employment activity, without any detour or stop.

4. Involved in an emergency.

5. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the city police department about the minor's presence.

6. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a local school district, a nonprofit charity, a locally recognized civic organization or another similar lawful entity that has taken responsibility for the minor, or going to or returning home from the same, without any detour or stop.

7. Exercising rights secured by the First Amendment of the Constitution of the United States of America in accordance with all valid and applicable time, place and manner regulations.

8. An emancipated minor.

B. It is a defense to prosecution of a parent or legal guardian under Section 9.08.020B. if, at the time of the minor's violation, the parent or legal guardian reported to the city police department that the minor was out during curfew hours without permission, or the minor failed to obey an order of reporting parent or legal guardian to stay home during curfew hours.

C. It is a defense to prosecution of owner, operator or employee of an establishment under Section 9.08.020C. if the prosecuted owner, operator or employee of an establishment promptly notified the city police department that a minor remained on the premises of the establishment during curfew hours after being asked by the establishment to leave.

(Ord. No. 597, § 3, 12-14-2015)

Before transporting a minor or taking any enforcement action for a violation of Section 9.08.020, a peace officer must ask for the apparent offender's age and inquire into the minor's reason for being in the public place. The peace officer must not cite the apparent offender for violation of Section 9.08.020, unless the peace officer reasonably believes that an offense under Section 9.08.020 has occurred, and that none of the exemptions under Section 9.08.030 are applicable. No provision within this chapter shall authorize a peace officer to engage in custodial interrogation of a minor for a violation of Section 9.08.020.

(Ord. No. 597, § 3, 12-14-2015)

A. To the extent permitted by applicable law, including the terms of this section, all remedies prescribed in this section for a violation of Section 9.08.020 shall be cumulative and not mutually exclusive, and are in addition to any other remedy or penalty authorized by law.

B. In addition to any other authorized remedy, each violation of Section 9.08.020 shall constitute a public nuisance that shall be subject to abatement through any lawful means.

C. Violation of Section 9.08.020 constitutes an infraction.

D. Any person violating the provisions of Section 9.08.020 shall be subject to the corresponding warning, fees and community service prescribed by Welfare and Institutions Code Section 625.5(d) and (e) or its corresponding successor statute, if any, as amended from time to time. Any court order imposing community service upon a minor should not exceed any statutorily prescribed limits, including those in Welfare and Institutions Code Section 258(a)(13), which as of the date of this section limits community service by minors for violation of curfew to a total time of twenty (20) hours over a period not to exceed thirty (30) days. The chief of police or his/her designee is hereby authorized and charged with the responsibility to issue the notices described in Welfare and Institutions Code Section 625.5(d).

E. In order to facilitate the city's recovery of a fee, under Welfare and Institutions Code Section 625.5(e), for actual costs of administrative and transportation services for the return of a minor to his or her place of residence, or to the custody of his or her parents or legal guardian, the city council may from time to time enact a resolution setting forth the city's actual costs on an hourly or other reasonable basis. Such resolution may authorize city staff to calculate and collect the final fee without further approval from the city council, and to conduct any hearing required by said statute and make any related findings and orders authorized thereunder including without limitation the imposition of community service, provided that any appeal thereof shall be heard by the city council or its designee.

F. In addition to fees and community service which may be imposed under this section, for a second and subsequent violation of Section 9.08.020, the violator shall be subject to a fine not to exceed the amounts specified in Section 1.12.070 for infractions.

G. A minor whose violation of Section 9.08.020 is not litigated in conjunction with a petition under Sections 601 or 602 of the Welfare and Institutions Code may be heard and disposed of by a juvenile hearing officer pursuant to Welfare and Institutions Code Section 256. A minor's ability or inability to appeal a court's disposition is governed by Welfare and Institutions Code Section 800, as amended from time to time. [In re K.S. (2003) 112 Cal. App. 4th 118.]

(Ord. No. 597, § 3, 12-14-2015)