Yreka Municipal Code Ch. 9.24 Curfew for Minors

The city council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. Moreover, Yreka is widely regarded as a safe community with quiet neighborhoods, excellent parks, libraries, recreation programs, schools, education and other opportunities for children and families. These characteristics are essential elements of the factors making up the city's sense of collective safety, self-esteem and well-being. The council recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours.

(Ord. No. 808, § 1, 3-5-2009)

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

(1) "Curfew hours" means the hours of ten p.m. until six a.m. of the following day on Sundays through Thursdays; the hours of midnight until six a.m. of the following day on Fridays and Saturdays; and, for holidays, from midnight on the eve of the holiday to six a.m. of day of the holiday.

(2) "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, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury, loss of life, or property damage.

(3) "Business establishment" means any privately owned place of business operated for profit or intended to be profitable to which the public is invited, including but not limited to, any place of amusement or entertainment.

(4) "Guardian" or "legal guardian" means the same, and is defined as (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency or person with whom a minor has been placed by a court. "Guardian" does not include any other person.

(5) "Minor" means any person under eighteen years of age.

(6) "Operator" means any individual, firm, association, partnership, or corporation operating, managing or conducting any business establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(7) "Parent" means a person who is (1) a natural parent or adoptive parent; or (2) at least eighteen years of age and authorized by a parent, or guardian to have the permanent or temporary custody of a minor.

(8) "Property damage" means the partial or complete harm or destruction of real or personal property.

(9) "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 business establishments.

(10) "Remain" means to (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(11) "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.

(Ord. No. 808, § 1, 3-5-2009)

It is unlawful for:

(a) Any minor to be or remain in or upon any public street, highway, park, vacant lot or other public place or on the premises of any business establishment within the city during curfew hours. This prohibition is intended and shall be construed so as not to result in a preemption under State law, in particular Penal Code Section 647.

(b) Any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to remain in any public place or on the premises of any business establishment within the city during curfew hours.

(c) Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

(Ord. No. 808, § 1, 3-5-2009)

(a) This section shall not apply, and it is a defense to prosecution under Section 9.24.030 that the minor, at the time of the occurrence, was:

(1) Accompanied by the minor's parent(s) or guardian;

(2) On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

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

(4) Engaged in an employment activity, or in attendance at a place of public entertainment, such as a movie, play, or sporting event, or going to or returning home from such activity, without any detour or stop;

(5) Lawfully involved in an emergency;

(6) On the public sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, providing that:

(i) The neighbor did not complain to the police department about the minor's presence; or

(ii) The minor was not aware of the neighbor's complaint;

(7) Attending an official school, religious, or other recreational activity, supervised by adults, sponsored by adults or sponsored by the city, Yreka Union High School District, Yreka Unified School District, Siskiyou County Office of Education, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity, supervised by adults, sponsored by adults or sponsored by the city, Yreka Union High School District, Yreka Unified School District, Siskiyou County Office of Education, a civic or religious organization, or another similar entity that takes responsibility for the minor;

(8) Exercising free speech rights protected by the United States and California Constitutions;

(9) Married, previously married or otherwise emancipated; or

(10) On active duty as a member of the United States Military.

(b) It is a defense to prosecution under offense described in Section 9.24.030(c) of this chapter, that the owner, operator or employee of an establishment promptly notified the police agency that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(c) A police officer, upon reasonable cause based on articulable facts that a minor is in violation of the curfew regulations, shall do as follows: (1) release the minor, or; (2) detain the minor and investigate as set forth hereafter to determine if the minor has a legitimate reason based on extenuating circumstances for being in apparent violation of the curfew regulations.

(1) A police officer who has reasonable cause to believe that a minor is in violation of the curfew regulations may release the minor to his parent or legal guardian either at the scene of the detention, at the minor's permanent or temporary home, at the police department, or elsewhere at the direction of the parent or legal guardian.

(2) Upon the first violation of the curfew regulations, the police officer shall issue to the minor a warning citation regarding the consequences of a second violation. The chief of police or his designee shall thereafter mail to the parents or legal guardian of the minor a notification that upon a second violation the parents or legal guardian may be held liable for actual administrative and transportation costs as described in this chapter. This notice shall require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to an applicable exemption from the fees set forth in Section 9.24.060.

(3) Before taking any enforcement action under this section, unless the officer has personal, percipient knowledge that the minor has violated this article, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation, place the minor in temporary custody, 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 as set forth in this section is present.

(Ord. No. 808, § 1, 3-5-2009)

(a) A person who violates a provision of this section chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.

(b) Any person over the age of eighteen violating the provisions of Section 9.24.030 shall be guilty of a misdemeanor. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars, or by imprisonment for not more than six months or by both such fine and imprisonment.

(c) Notwithstanding any other provisions of this Code, when a person under the age of eighteen years is charged with a violation of this section, a peace officer responsible for enforcing this Code may proceed as provided in California Welfare & Institutions Code §§ 601, 602, 625, 625.5, 626, or 626.5, or their successor sections, as appropriate given the applicable facts.

(d) Notwithstanding any other provision of this Code, when a person under the age of eighteen is charged with a violation of this Code, and a peace officer issues a notice to appear to that minor, the charge shall be an infraction for first and second violation. A third and subsequent violations within the same year shall be deemed a misdemeanor.

(e) The fines for an infraction under this subsection shall be as follows:

(1) First offense: Upon adjudication of a first infraction the court shall impose a fine of thirty-five dollars; second offense within one year: Upon adjudication of a second infraction within one year, the court shall impose a fine of seventy-five dollars.

(2) The court, which shall include a juvenile hearing officer as defined by juvenile law, may also require twenty hours of community service work, instead of or in addition to, the above referenced fines. The court may delay imposition of the fines and/or community service obligations for a period of sixty days. If the juvenile attends all classes during those sixty days and provides the court with a letter from the school verifying that attendance, the court may thereafter waive the fine and community service hours obligation, and the court may suspend or delay the issuance of a minor's driver's license for sixty days.

(3) The juvenile hearing officer may order that a minor found to be in violation of this chapter shall perform community service for a total time not to exceed twenty hours over a period not to exceed thirty days, during times other than his or her hours of school attendance or employment.

(4) Failure to appear. Pursuant to Welfare and Institutions Code Section 256.5, a juvenile hearing officer may request the juvenile court judge to issue a warrant of arrest against a minor who is issued and signs a written notice to appear for violation of this chapter and who fails to appear at the time and place designated in the notice. At the adjudication of a citation for which a cite initially failed to appear, the court shall be required to impose community service work and a fine.

(f) Misdemeanor for minors. Notwithstanding any other provision of this Code, when a person under the age of eighteen is charged with a violation of this Code, and a peace officer issues a notice to appear to that minor, and it is a third and subsequent violation within the same year, it shall be deemed a misdemeanor, and the minor shall be dealt with in accordance with juvenile court law and procedure.

(Ord. No. 808, § 1, 3-5-2009)

(a) If the city council has adopted the resolution specified in Welfare and Institutions Code Section 625.6(e), the parents of the minor or legal guardian may be held liable for actual administrative and transportation costs incurred as a result of violation of this chapter by the minor child. Any response by the police department pursuant to this chapter or Education Code Section 48264 shall be deemed an emergency response pursuant to Government Code Section 53158 because the welfare of a minor is at stake. This chapter is adopted pursuant Welfare and Institutions Code Section 625.5(e), Article 11, Section 7 and Article 1, Section 28(b) of the California Constitution, and Government Code Section 53158. The remedies provided hereafter are in addition to any other remedies and penalties available under the Yreka Municipal Code and all other laws of this State, and the criminal and civil penalties in this chapter shall not be mutually exclusive.

(b) Civil Fee Assessment. Upon issuance of a citation to a minor for violation of this section, the parents of the minor shall be assessed the costs of detention, transportation, and administrative services as follows:

(1) A fee for the actual costs of detention, transportation and administrative services for the return of the minor to his place of residence, or to the custody of his parents or legal guardian, may be charged jointly or severally to the minor, his parents, or legal guardian, in an amount not to exceed those actual costs. The person required to pay the fee may make a written request to the chief of police, within ten days of notice of the charge for these costs, for waiver or challenge of the charge for the costs. The chief of police or his designee shall thereafter conduct a hearing as to the validity of the costs charged, and may waive all or part payment of the costs upon a finding of good cause under the following circumstances:

(i) Upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor;

(ii) Upon proof that neither the minor nor his parents or legal guardian has the ability to pay the fee;

(iii) Upon a determination that performance of community service should be required in lieu of imposition of the fee;

(iv) Upon a determination that the parent or legal guardian has limited physical or legal custody and control of the minor.

(2) Appeal of Civil Fee Assessment. Any person receiving a bill for police services (also called a "Civil Fee Assessment") pursuant to this section may, within fifteen days after the billing date, file a written request appealing the imposition of said charges. Any assessment sent shall inform the billed party of the right to appeal said assessment. Any appeal regarding such assessment shall be heard by the city manager, or his or her designee as the hearing officer. Within ten days after the hearing, the hearing officer shall give a written notice of decision to the billed party. Upon the filing of a request for an appeal, payment of the bill for the police service shall be suspended until a notice of 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 decision of the hearing officer. The decision of the hearing officer shall be final. In the event that the hearing officer upholds the billing notice, a new compliance deadline and fine due date shall be established by the hearing officer and recorded on the notice of decision. The person receiving the notice of decision may seek judicial review of the hearing officer's decision by filing an appeal with the Superior Court within twenty calendar days after he/she receives a copy of the notice of decision in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "City of Yreka (Attention: City Attorney)."

(c) In addition to any of the provisions of this chapter, any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, two thousand five hundred dollars for each violation, which shall be assessed and recovered in a civil action brought by the city attorney, in addition to any other remedy provided by law.

(d) Administrative penalties and costs assessed by this section shall be a debt to the city and subject to all remedies for debt collection as allowed by law.

(e) Costs of Prosecution. Any person convicted of violating Section 9.24.030, or found to be a person described by Welfare and Institutions Code Section 602 because of a violation of Section 9.24.030, and granted probation, shall, as a condition of probation, be required to pay, in addition to any other restitution, the costs of prosecution resulting in the conviction for which probation has been granted. The costs recoverable by this section shall include the costs identified in section (a) above and include all city employee time expended in preparing and prosecuting the case multiplied by the fully burdened hourly rate as set forth in the regularly adopted budget of the city for each employee who has expended actual time in preparing and prosecuting the case, and any other actual out of pocket expenses incurred by the city in prosecuting the case. Labor costs for police department personnel responding to calls for police assistance and/or apprehension, detention, and processing of violators, transportation, and attorneys fees, whether in-house or on contract, are costs of prosecution for purposes of this section.

(1) Before any charges are filed, an attempt shall be made to notify the alleged violator and the violator's parent or guardian, in writing, by first class mail, postage prepaid, that the city will seek restitution of its costs of prosecution upon conviction and as a condition of probation, if probation is granted.

(2) The costs of prosecution shall include the actual costs as provided in this section.

(3) In determining the amount awardable to the city under this section, the court shall take into account the reasonable value of the services rendered and the financial ability of the probationer to pay such amounts. The hearing may be conducted pursuant to Penal Code Section 1203.1f. In no event shall the court award as restitution to the city more than the actual costs, city employee and contract labor costs, professional services costs, and out of pocket expenses, incurred in the case resulting in conviction.

(Ord. No. 808, § 1, 3-5-2009)