For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day;
(2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and
(3) The period from 8:00 p.m. on the evening of the city’s sponsored Market Night(s), until 6:00 a.m. the following day, within the Market Night outdoor area and all public property located within 20 feet of the Market Night outdoor area. For purposes of this chapter, the
MARKET NIGHT OUTDOOR AREA is defined as that portion of Perris Hill Park, located between the Flood Control Channel and Perris Hill Park Road on the west and Elks Drive on the east, between Highland Avenue on the north and all of the small mountain known as Perris Hill on the south, located west of an imaginary line extended due south over said Perris Hill from the point where the southernmost end of Elks Drive becomes a private road, to the foot of Perris Hill on said hill’s south side and extending to Perris Hill Park Road.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster or automobile accident, or any situation requiring immediate action to prevent great bodily injury or loss of life.
ESTABLISHMENT. 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.
GREAT BODILY INJURY. Bodily injury that creates a significant or substantial physical injury.
GUARDIAN.
(1) A person who, under 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 a court.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is:
(1) A natural parent, adoptive parent or step-parent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
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, sidewalks, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN. To:
(1) Linger or stay; or
(2) Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
(Ord. 1915, passed 5-22-1951; Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997; Ord. MC-1224, passed 5-16-2006)
(A) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(B) A parent or guardian of a minor commits an offense if he or she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997)
(A) It is a defense to prosecution under § 9.68.020 that 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 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, religious or other recreational 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, religious or other recreational 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 U.S. and California Constitutions, such as the free exercise of religion, freedom of speech and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with Cal. Family Code, § 7002.
(B) It is a defense to prosecution under § 9.68.020(C) that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997)
Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the 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 any response and other circumstances, no defense in § 9.68.030 is present.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997)
A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each violation of this chapter is a misdemeanor.
(Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997)
(A) Pursuant to the authority of the Cal. Welfare and Institutions Code, § 625.5, and when based on a finding of civil liability or a criminal conviction for a subsequent violation of § 9.68.020, when a minor under 18 years of age is detained for a period of time in excess of one hour for a violation of § 9.68.020 and said detention requires the supervision of the minor by employee(s) of the City Police Department, the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing said supervision and transportation for that minor; provided that they shall have first received a written warning for a first violation of § 9.68.020, indicating that recovery of administrative and transportation costs may be sought upon a second violation. Such costs sought shall be based upon the “San Bernardino Police Department Extraordinary Law Enforcement Fee Rate Schedule.” Cal. Welfare and Institutions Code, § 625.5(d) mandates parents or legal guardians to sign and return the warning notification for any such first offense of § 9.68.020 committed by any minor. A space will be provided for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by Cal. Welfare and Institutions Code, § 625.5(e).
(B) As determined by the Chief of Police, or his or her designee, the minor, the parent(s) or legal guardian(s) of a minor violating § 9.68.020 may be assessed and billed for the cost of providing personnel for services relating to the detention, processing or supervision of the minor beyond those services normally provided by the Police Department. The Chief of Police, or his or her designee, may waive payment of all or part of the charges if the determination is made that the person has made reasonable efforts to exercise the Supervision and control over the minor; if the determination is made that neither the minor, the parent(s) or the guardian(s) have the ability to pay the charges; if the determination is made to allow the performance of community service in lieu of imposition of the fee or if the determination is made that the parent(s); or legal guardian(s) have limited physical or legal custody and control of the minor.
(C) Any person receiving a bill for police services pursuant to this section may, within ten days after the date of the bill, file a written appeal with the City Clerk. Any billing sent pursuant to this section shall notify the billed party of the right to appeal said charges. The city official designated by the Mayor, or his or her designee, shall hear such appeal as the hearing officer. Such hearing shall be informal and shall not be bound by the formal rules of evidence. The hearing officer may waive payment of the charges in full or in part upon a finding of good cause. Within 30 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The requirement to pay the charges shall be stayed during the pendency of the appeal if the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days of the notice of the decision of the hearing officer.
(Ord. 1915, passed 5-22-1951; Ord. MC-460, passed 5-15-1985; Ord. MC-866, passed 4-6-1993; Ord. MC-967, passed 5-21-1996; Ord. MC-995, passed 6-17-1997)