Yolo County Municipal Code Ch. 5 Loitering

It shall be unlawful for any person to loiter or stand or sit in or upon any public highway, alley, sidewalk, or crosswalk in the unincorporated territory of the County so as in any manner to hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as in any manner to annoy or molest persons passing along the same. (§ 1, Ord. 140)

It shall be unlawful for any person to loiter or stand or sit in or at the entrance of any church, hall, theater, or other place of public assemblage in the unincorporated territory of the County so as to in any manner obstruct such entrance. (§ 2, Ord. 140)

For the purposes of Sections 5-5.04 and 5-5.05:

“Curfew hours” means the period from 10:00 p.m. any evening of the week, or 11:00 p.m. daylight savings time, until 6:00 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 or entertainment.

“Guardian” means: (1) a person who, under court order, is the guardian 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 (18) years of age.

“Parent” means a person who is a natural parent, adoptive parent, or step-parent of the minor.

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

“Responsible adult” means a person eighteen (18) years of age or older, 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. (§ 1, Ord. 327, as amended by § 2, Ord. 1358, effective May 31, 2007)

(a) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the County of Yolo 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 be present in any public place or on the premises of any establishment within the County during curfew hours.

(c) It is a defense to prosecution under Section 5-5.04(a) or (b)that the minor was:

(1) accompanied by the minor’s parent or guardian, or by a responsible adult;

(2) on an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) engaged in employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) involved in, or acting in response to, an emergency;

(6) on the sidewalk abutting the minor’s residence;

(7)attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Yolo, a civic organization, or another similar entity that takes responsibility for the minor;

(8) exercising First amendment rights protected by the United States Constitution; or

(9) emancipated pursuant to law.

(d) Before taking any enforcement action under this section, 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 response and other circumstances, no defense under Section 5-5.04 (c)is present or applicable.

(e) Each violation of this section shall constitute a separate offense for the purposes of Section 5-5.05 (§ 2, Ord. 327; as amended by § 2, Ord. 1358, effective May 31, 2007)

Any minor violating the provisions of Section 5-5.04 shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.

Any parent, guardian or other adult person, having the care and custody of a minor, who knowingly and willfully allows such minor to violate Section 5-5.04 shall be guilty of a misdemeanor. (§ 3, Ord. 327 as amended by § 2, Ord. 1358, effective May 31, 2007)