A. Nighttime Curfew For Minors:
1. Definitions: For purposes of this section, the following definitions shall apply:
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action, the term "emergency" including, but not being limited to, a fire, natural disaster, automobile accident or other situation requiring immediate attention to prevent serious bodily injury or loss of life.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
SERIOUS BODILY INJURY: Means, but is not being limited to, 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.
2. Hours: It shall be unlawful for any person under the age of eighteen (18) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, or vacant lots between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. of the day immediately following; provided, however, that the provisions of this subsection do not apply in the following circumstances:
a. When the person is accompanied by his parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of the person; or
b. When the person is returning directly home from a meeting, entertainment, recreational activity or dance; or
c. When the person is going directly to or returning directly from work or engaged in such lawful work under the supervision of an adult employer, without any detour or stop; or
d. When the person is on an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop; or
e. When the person is traveling in a vehicle lawfully engaged in interstate travel; or
f. When the person is involved in an emergency; or
g. When the person is on the sidewalk of the person's residence; or
h. When the person is peaceably exercising first amendment rights protected by the United States constitution; or
i. When the person is emancipated pursuant to law.
3. Violation: Any minor under the age of eighteen (18) years found in violation of this section shall immediately be apprehended and taken to the proper detention place or parental pick up station for minors and there detained until the arrival of the parent, guardian, or proper person to care for said minor. (Ord. 98-01, 2-10-1998)
B. Daytime Curfew For Minors:
1. Hours: It shall be unlawful for any minor under the age of eighteen (18) years who is subject to compulsory education or to compulsory continuing education, to loiter, idle, wander, stroll or aimlessly drive or ride about 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 abandoned or vacant building between the hours of eight o'clock (8:00) A.M. and three o'clock (3:00) P.M. of the same day on days when the minor's school is in session. The provisions of this subsection do not apply when:
a. The minor is accompanied by his parent, legal guardian or other adult person having the legal care or custody of the minor, or by his spouse, eighteen (18) years of age or older; or
b. The minor is upon an errand directed by his parent, legal guardian or other adult person having the legal care or custody of the minor, or by his spouse, eighteen (18) years of age or older; or
c. The minor has in his possession a written excuse from his parent, legal guardian or other adult person having the legal care or custody of the minor or from his spouse eighteen (18) years of age or older; or
d. The minor has written permission to leave campus and has in his possession a valid, school issued off campus permit; or
e. The minor is going directly to or returning directly from a place where the minor is gainfully employed, to or from the place where the minor has a medical appointment or to or from the place of a public meeting, public entertainment such as a movie, play, sporting event, dance or school activity, provided that such meeting, event or activity is a school approved activity for the minor or is otherwise supervised by school personnel of the minor's school; or
f. The minor 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; or
g. The presence of such minor in said place or places is connected with, or required with respect to, a business, trade, profession or occupation in which the minor is lawfully engaged.
2. Minor Curfew Or Wilful Misconduct; Cost Recovery:
a. Determination By Court: When a court determines that a minor under eighteen (18) years of age is subject to civil or criminal liability based on violation of the daytime curfew provided for in subsection C of this section, it may impose a judgment of civil liability on the parent or legal guardian of the minor rendering the parent or legal guardian jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his detention, over and above the cost of services normally provided by the city law enforcement agency.
b. Determination By Chief Of Police: When the chief of police or his designee determines that the city law enforcement agency has incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his detention for violation of the daytime curfew imposed by subsection C of this section, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent or legal guardian of the minor may be assessed and billed for such additional costs.
c. Appeal: Any billing sent pursuant to this subsection B2 shall inform the billed party of the right to appeal said billing. Any person receiving a bill for law enforcement services pursuant to this subsection may, within fifteen (15) days after the billing date, file a written appeal from the imposition of said charges. Upon the filing of a request for an appeal, payment of the bill for the law enforcement services shall be suspended until notice of the decision of the hearing officer is issued. Any such appeal from said billing shall be heard by the city manager or his designee, as the hearing officer and within ten (10) days after the hearing, the hearing officer shall give to the appellant written notice of the decision. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty (30) days after the notice of the decision of the hearing officer.
3. Parental Responsibility: Every parent, guardian or other person having legal care, custody or control of any person under the age of eighteen (18) years who intentionally causes or encourages such person in, or with criminal negligence fails to restrain such person from, violating any provision of this daytime curfew is guilty of an infraction. (Ord. 97-01, 2-25-1997)