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SEC. 45.03.  NIGHTTIME CURFEW RESTRICTIONS FOR MINORS.
   (Title and Section Amended by Ord. No. 180,173, Eff. 10/5/08.)
 
   (a)   Curfew.  It is unlawful for any minor under the age of eighteen years to be present in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot, or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.
   (b)   Exceptions.  The provisions of this section shall not apply when:
 
   (1)   The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor, or by his or her spouse eighteen years of age or older; or
 
   (2)   The minor is on an errand directed by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor, or by his or her spouse eighteen years of age or older without any detour or stop; or
 
   (3)   The minor is attending or going directly to or 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
 
   (4)   The presence of a minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or
 
   (5)   The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or
 
   (6)   The minor is exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of the California Constitution; or
 
   (7)   The minor is in a motor vehicle involved in interstate travel; or
 
   (8)   The minor is emancipated in accordance with the California Family Code or other applicable state law.
 
   (c)   Enforcement.  Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for being in the public place during curfew hours.  The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no exceptions to this section apply.
 
   (d)   Severability of Provisions.  If any severable provision of this ordinance or any application of the provisions is held invalid, that invalidity shall not affect other provisions or applications of the ordinance, which can be given effect notwithstanding any invalidity.