(A) Prohibition.
(1) It is unlawful for any minor under the age of 16 years to loiter or remain in any public place within the city during curfew hours, except as provided in division (B) of this section.
(2) It is unlawful for any minor under the age of 18 years to loiter or remain in any public place within the city during curfew hours, except as provided under division (B) of this section.
(B) Exemptions. A minor under the age of 18 shall not be in violation of this chapter, if at the time the minor was stopped by a police officer, the minor was:
(1) Accompanied by the minor's parent or guardian.
(2) On an errand at the direction of the minor's parent or guardian, without detour or stops.
(3) In a motor vehicle involved in interstate travel.
(4) Engaged in lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop.
(5) Acting in response to an emergency.
(6) On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence.
(7) Returning directly home, without detour or stop, from a school, cultural, sports, amusement, entertainment, or recreation activity, or any organized rally, demonstration, meeting or similar activity.
(8) Waiting at a bus station or taxi stand for transportation.
(9) Emancipated in accordance with the California Family Code or other applicable state law.
(C) Enforcement procedure.
(1) Before taking any enforcement action under division (A) of this section, a police officer shall ask the apparent offender's age and reason for being in the public place.
(2) The officer shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption under division (B) of this section applies.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
CURFEW HOURS.
(a) The hours between 10:00 p.m. to 5:00 a.m. for minors under the age of 16 years; or,
(b) The hours between 11:30 p.m. to 5:00 a.m. for minors under the age of 18 years.
(2)
EMERGENCY. An unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3)
ESTABLISHMENT. Any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation.
(4)
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor;
(b) A public or private agency with whom a minor has been placed by a court; or
(c) A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(5)
LOITER. To delay, linger or idle about without a lawful purpose.
(6)
MINOR. Any person under 18 years of age.
(7)
PARENT. A person who is a natural parent, adoptive parent, or step-parent of a minor.
(8)
PUBLIC PLACE.
(a) Any out-of-doors area to which the public or a substantial group of the public has access, including, but not limited to streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and,
(b) The out-of-doors common areas of establishments, including, but not limited to entry ways and parking lots.
(9)
REMAIN.
(a) Linger or stay; or,
(b) Fail to leave a public place when requested to do so by a police officer or the person in control of the public place.
(10) SERIOUS BODILY INJURY. 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. 599, passed 11-7-95) Penalty, see § 130.99