(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. Between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. EMERGENCY includes, but is not limited to, a fire, an earthquake or other natural disaster, an automobile accident, or any situation which requires immediate action to prevent serious 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.
GUARDIAN. A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.
PARENT. A person who is a natural, adoptive, or step-parent of another person; or 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, highways, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN. To linger or stay; or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death, serious disfigurement, or serious permanent injury.
(B) Offenses.
(1) It is unlawful for a minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(2) It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow, a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) 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.
(C) Exceptions.
(1) It is a defense to prosecution under subsection (B) above, if the minor was:
(a) Accompanied by his or her parent or guardian;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;
(d) Involved in an emergency;
(e) In a vehicle involved in interstate travel;
(f) 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;
(g) Returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity;
(h) Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly; or
(i) An emancipated minor in accordance with the provisions of the California Family Code.
(2) It is a defense to prosecution under subsection (B)(3) above 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.
(D) Enforcement. 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 exception listed in subsection (C) above is present.
('65 Code, § 5-13.01) (Ord. 314-C.S., passed - - ; Am. Ord. 453-C.S., passed 8-1-95; Am. Ord. 483-C.S., passed 9-16-97) Penalty, see § 130.99