Yucca Valley Municipal Code Ch. 11.40 Curfew Regulations

The town council finds and determines that the following legitimate and compelling governmental interests justify establishment of a curfew for minors:

A. Protection of children from each other and from other persons on the street during late night and early morning hours.

B. Protection of the public from nocturnal, juvenile and gang related crime.

C. Encouragement of parental control of and responsibility for their children.

D. Reduction of number of juveniles entering the juvenile justice system.

It is the intent of the town council, through the adoption of this chapter, to provide additional enforcement tools to protect the public and juveniles who often are perpetrators and victims of crime during the late night and early morning hours.

It is the further intent of the town council, through the adoption of this chapter, to provide notice to all those who disregard the existing curfew ordinance, that the law enforcement agencies of the town, the police department and San Bernardino County courts, will strictly enforce the law and vigorously prosecute those persons engaging in violations of this chapter.

It is the further intent of the town council to allow any minor under the age of eighteen (18) to move about freely while participating in legitimate activities, and to pursue legitimate activities during the hours specified in section 11.40.030 of this chapter with the permission of his parent, guardian or other adult person having the lawful care and custody of the minor. (Ord. 92, 4-16-1998)

For the purpose of this chapter, the following words and phrases shall have the meaning given herein:

EMERGENCY: 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 or loss of life.

GUARDIAN: A. A person who, under court order, is the guardian of a minor; or

B. A public or private agency with whom a minor has been placed by a court.

MINOR: Any person under eighteen (18) years of age and is synonymous with the term "juvenile" for the purpose of this chapter.

PARENT: A person who is:

A. A natural parent, adoptive parent or stepparent of another person; or

B. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, alleys, highways and transportation facilities, parks, playgrounds and vacant lots. (Ord. 92, 4-16-1998)

It is unlawful for any minor under the age of eighteen (18) years to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, commercial buildings, places of amusement and eating places or vacant lots, whether inside or outside a motor vehicle, between the hours of ten o'clock (10:00) P.M. and the time of sunrise the following day. (Ord. 203, 8-18-2009)

This chapter does not apply:

A. When the minor is accompanied by his parents, guardian, or other adult person having the care or custody of the minor; or

B. When the minor is on an emergency errand or lawful business directed by his parents or guardian or other adult person having care or custody of the minor, without any detour or stop; or

C. When the minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; or

D. When the minor is attending an official school, religious, recreational, educational, social or other organized activity sponsored by the town, school district or other private, civic or religious organization that supervises the activity, or when a minor is going to or returning home from, without any detour or stop, such activity; or

E. When the minor is involved in an emergency; or

F. When the minor is in a motor vehicle involved in interstate travel or other travel through the town not in violation of this chapter; or

G. When the minor is going to or returning home from a private residence, without any detour or stop, at which the minor was invited; or

H. When the minor is engaging in speech or religious rights protected by the United States or California constitutions, such as the free exercise of religion, freedom of speech and the right of peaceful assembly; or

I. When the minor is married or has been emancipated in accordance with California Family Code section 7000 et seq.; or

J. When the minor is engaged in a lawful commercial activity or receiving lawful commercial services on the premises of a business organization that supervises and permits the activity, or when a minor is going to or returning home from, without any detour or stop, from such activity or service. (Ord. 203, 8-18-2009)

Any person who violates section 11.40.030 of this chapter shall be guilty of a misdemeanor. (Ord. 203, 8-18-2009)

Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years who knowingly aids, abets or encourages such person to violate any provision of this chapter shall be guilty of a misdemeanor. (Ord. 92, 4-16-1998)

Any person assisting, aiding, abetting or encouraging any minor under the age of eighteen (18) years to violate any provision of this chapter shall be guilty of a misdemeanor. (Ord. 92, 4-16-1998)

A. Determination By Court: When, based on a finding of civil liability or conviction for violations of this chapter, a minor under eighteen (18) years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Bernardino County sheriff's department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.

B. Determination By Sheriff's Captain: As determined by the sheriff's captain or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of this chapter where sheriff personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the San Bernardino County sheriff's department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.

C. Appeal: Any person receiving a bill for police services pursuant to this chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the town manager, or his designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the town shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 92, 4-16-1998)