A. Established; Violation: 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 eleven o'clock (11:00) 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 C of this section.
B. 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.
C. Exceptions: This section shall not apply if the minor is:
1. Accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor; or
2. On an errand directed by, or in possession of written permission from, a parent or parents or legal guardian or other adult person having the legal care or custody of the minor; or
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; or
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; or
5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a parent or parents or legal guardian or other adult person having the legal care or custody of the minor; or
6. Involved in an emergency or seeking medical assistance; or
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; or
8. In the right of way abutting the minor's residence; or
9. In a motor vehicle involved in interstate travel; or
10. Emancipated pursuant to California Family Code sections 7000 through 7123; or
11. Homeless; or
12. Returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity; or
13. Traveling on the public streets and in possession of written permission to be traveling on the public streets from a parent or legal guardian or other adult person having legal care or custody of the minor. The permission may be general or specific and need not be dated. (Ord. 07-O-2515, eff. 6-15-2007)