Appendix 4300. Curfew for minors.

(a)

Nighttime curfew. Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection (d) of this section.

(b)

Daytime curfew. Every minor subject to compulsory education or to compulsory continuation education who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of 8:30 a.m. and 1:30 p.m. of the same day, on days when the minor's school is in session, is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection (d) of this section or: is in the possession of a valid, school-issued, off-campus permit giving permission to leave campus; is receiving instruction by a qualified tutor pursuant to Education Code Section 48224; or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code.

(c)

Parental responsibility. Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction.

(d)

[Exceptions.] This section shall not apply if the minor is:

(1)

Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age;

(2)

On an errand directed by, or in possession of a written excuse from, a custodial parent or spouse over eighteen (18) years of age;

(3)

Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

(4)

Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

(5)

Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years;

(6)

Involved in an emergency or seeking medical assistance;

(7)

Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

(8)

In the right-of-way abutting the minor's residence;

(9)

In a motor vehicle involved in interstate travel;

(10)

Emancipated pursuant to state law and California Family Code Section 7000, et seq., including but not limited to the following reasons: married or in the military service;

(11)

Homeless.

(e)

Community service or parenting classes for first offense. On a first offense, the court may order community service or parenting classes instead of a fine, as may be appropriate.

(f)

Definitions:

(1)

The word "emergency" as used in this section means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(2)

The word "minor" as used in this section means a person under the age of eighteen (18) years.

(3)

The word "custodial person" as used in this section means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child.

(g)

Enforcement procedures. A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in this section apply.

(h)

Power of law enforcement officers. Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

(i)

Penalties. A violation of this section is punishable as set forth in Chapter 2 of Article 1 of this Code.

(Ord. No. 158, § 1, 4-12-89; Ord. No. 97-268, § 2, 11-19-97)