It is unlawful for any minor to be in or upon, or for any parent or legal guardian of a minor to allow, cause or permit a minor in his or her custody to be in or upon, any public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant buildings, structures or lots, between the hours of 10:00 p.m. and sunrise immediately following. This section shall not apply:
A. When the minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or
B. When the minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; or
C. When the minor is traveling directly to or from his or her place of gainful employment or to or from a medical appointment and the minor can produce written evidence of same; or
D. When, with the approval of the minor's parent, legal guardian or other adult person having the care or custody of the minor, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance and the minor can produce written evidence of such approval; or
E. During such time as the minor is 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/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activities involving the exercise of constitutional rights, and the specific location where the minor is permitted to be during such hours; or
F. When the minor is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or
G. When the minor is in a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent's or guardian's written consent thereto; or
H. When the minor is homeless. A violation of this § 8.32.020 by a minor shall be punishable as an infraction and a violation by a parent or guardian shall be punishable as a misdemeanor, as provided by this Code.
('61 Code, § 15.1) (Ord. 401, passed - - ; Am. Ord. 769, passed - - ; Am. Ord. 1006, passed 1-6-98)