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The Board of Supervisors is concerned with the level of juvenile violence, juvenile gang activity and juvenile crime in the unincorporated areas of the County. The crimes being committed by juveniles include serious offenses such as murders, drive-by shootings, drug-related crimes and other gang-related activities. Juveniles are particularly susceptible to participate in unlawful and gang-related activities and to be victims of older perpetrators of crimes, due to their lack of maturity and experience. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The Board believes that having an enforceable juvenile curfew is critical to preserving the public health, safety and welfare.
(Repealed and reenacted by Ord. No. 8813 (N.S.), effective 7-15-97; repealed and reenacted by Ord. No. 8814 (N.S.), effective 7-22-97; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
The following definitions shall apply to this chapter:
(a) "Curfew hours" means the period from 10:00 p.m. until 5:00 a.m. the following day.
(b) "Emergency" means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(c) "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
(d) "Guardian" means (1) a person who, pursuant to court order, is the guardian of the person of a minor or (2) a public or private agency with whom a minor has been placed by the court.
(e) "Minor" means any person under 18 years of age.
(f) "Parent" means a person who is a natural parent or adoptive parent of a minor.
(g) "Public place" means any place to which the public or a substantial group of the public has access to and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
(h) " Responsible adult" means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
(i) "Serious bodily injury" means 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.
(Repealed and reenacted by Ord. No. 8813 (N.S.), effective 7-15-97; repealed and reenacted by Ord. No. 8814 (N.S.), effective 7-22-97; amended by Ord. No. 9738 (N.S.), effective 10-27-05; amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10046 (N.S.), effective 4-22-10)
(a) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the unincorporated area of the County of San Diego during curfew hours unaccompanied by a parent, guardian or responsible adult.
(b) It is unlawful for any parent or guardian of a minor to knowingly or by insufficient control allow the minor to be present in any public place or on the premises of any establishment within the unincorporated area of the County of San Diego during curfew hours unaccompanied by a parent, guardian or responsible adult.
(c) The following are exceptions to the curfew restrictions set forth under subsections (a) or (b) above, and shall not constitute a curfew violation when the minor is engaged in any of the following activities:
(1) On an errand or traveling in connection with activities at the direction or with the permission of the minor's parent, guardian or responsible adult.
(2) In a motor vehicle involved in interstate travel.
(3) Engaged in employment or educational activities, or going to or returning home from employment or educational activities.
(4) Involved in an emergency.
(5) On the sidewalk abutting the minor's residence.
(6) Attending official school, religious or recreational activities supervised by one or more adults and sponsored by the County of San Diego, a civic organization or other similar entity that assumes responsibility for the minor or going to or returning home from official school, religious or other recreational activities supervised by one or more adults and sponsored by the County of San Diego, a civic organization or another similar entity that assumes responsibility for the minor.
(7) Exercising First Amendment rights protected by the United States Constitution or going to or coming from activities involving an exercise of First Amendment rights.
(8) Emancipated pursuant to law.
(d) Before taking any enforcement action under this section, a deputy sheriff shall determine the apparent offender's age and reason for being in a public place or on the premises of the establishment during curfew hours. If a minor is accompanied by an adult not the minor's parent or guardian, the deputy shall verify whether or not the person has authority from the parent or guardian to have care and custody of the minor.
(Repealed and reenacted by Ord. No. 8813 (N.S.), effective 7-15-97; repealed and reenacted by Ord. No. 8814 (N.S.), effective 7-22-97; amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10045 (N.S.), effective 4-22-10)