Yorba Linda Municipal Code Ch. 9.16 Offenses Involving Minors

A. Definitions. As used herein, the following words and phrases shall have the meaning set out.

"Emergency"

means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

"Establishment"

means any privately-owned place of business to which the public is invited, including but not limited to places of amusement or entertainment.

"Guardian"

means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

"Minor"

means any person under 17 years of age.

"Parent"

means a person who is a natural, adoptive or step-parent or someone at least 18 years old authorized by a parent or guardian to have care, custody or control 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 the common areas of school, apartment houses, office buildings, transport facilities and shops.

B. Curfew and Exceptions. It is unlawful for any minor under the age of 18 to remain in any public place or establishment within the city between the hours of ten p.m. and six a.m. However, the provisions of this section shall not apply if any of the following apply:

1. The minor is accompanied by his or her parent(s) or legal guardian;

2. The minor's parents or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours;

3. The minor is involved in an emergency;

4. The minor is attending, going to or returning home without any detour or stop from a meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults;

5. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop;

6. The minor is in a motor vehicle involved in interstate travel;

7. The minor is exercising rights protected by the First Amendment of the United States Constitution, such as freedom of speech or free exercise of religion;

8. The minor is on the sidewalk adjacent to his/her residence;

9. The minor is legally married;

10. The minor is on active duty in the armed forces of the United States of America.

C. Separate Offense. Each violation of the provisions of this section shall constitute a separate offense.

(Prior code § 21-1; Ord. 98-798 § 1, 1998)

A. Every law enforcement officer is authorized and empowered to demand from any person whom he or she has reasonable cause to believe is in violation of Section 9.16.010 that such person give his or her name, address, proof of age, the name, address, telephone number of the parent, guardian, or adult having care or custody of such person, if a minor under 18 years of age, and such other information reasonably necessary to determine whether such violation exists.

B. Any minor found to be in violation of Section 9.16.010 may be taken into protective custody by such officer, and thereafter may be released to the parent, guardian or other adult person having the care and custody of the minor, or may be dealt with in accordance with appropriate sections listed in the Welfare and Institutions Code of the state.

(Prior code § 21-3)