A. It is unlawful and a misdemeanor for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours. A minor shall not be in violation of this section if the minor is:
1. Accompanied by the minor's parent or guardian;
2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
7. Attending an official school function, religious function, or an organized dance or sporting event, or other recreational or cultural activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school function, a religious function, or an organized dance or sporting event, or other recreational or cultural activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
8. Exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
9. Emancipated pursuant to law.
B. It is unlawful and a misdemeanor for any parent or guardian of a minor to permit or allow such minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
C. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the establishment or public place. 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 the response and other circumstances, no exception set forth in subsection A of this section applies. (Ord. 97-072 § 2; prior code § 24.04.042)