CURFEW

§ 131.01 MINORS IN PUBLIC PLACES AFTER 10:00 P.M. PROHIBITED.

   (A)   It is unlawful for any person under the age of 18 years to play, loiter or remain on or about the public streets, highways, alleys, parks, playgrounds, public places, public buildings, place of amusement and entertainment, vacant lots or other unsupervised places, or to be in any automobile parked upon any public street or in motion thereon, between the hours of 10:00 p.m. and the time of sunrise of the following day, when not accompanied by his parent or legal guardian having legal custody and control of such person, or spouse of such person, over 21 years of age.

   (B)   This section does not apply to a minor who is:

      (1)   Accompanied by a parent, guardian, or custodian;

      (2)   Accompanied by an adult specified by a parent, guardian, or custodian;

      (3)   Carrying out an errand or other lawful activity as directed by a parent, guardian, or custodian; or

      (4)   Participating in, going to, or returning from:

         (a)   Lawful employment;

         (b)   A lawful athletic, educational, entertainment, religious, or social event; or

         (c)   Interstate travel.

('81 Code, § 9.16.010) (Am. Ord. 994, passed 3-18-96) Penalty, see § 131.99

§ 131.02 PARENTS PERMITTING VIOLATION OF CURFEW PROHIBITED.

   It is unlawful for any parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years to allow or permit such person to violate § 131.01.

('81 Code, § 9.16.020) Penalty, see § 131.99

§ 131.03 LOITERING.

   (A)   A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circum-stances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would other-wise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.

   (B)   It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.

   (C)   For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

§ 131.99 PENALTY.

   (A)   Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in Chapter 13 of this code.

   (B)   (1)   Minors who violate any of the provisions of §§ 131.01 through 131.03 shall be dealt with under the provisions of the California Welfare and Institutions Code.

      (2)   Any parent, guardian or other adult person who violates §§ 131.01 through 131.03 shall be guilty of a misdemeanor and punished according to Chapter 13 of this code.

('81 Code, § 9.16.060) (Ord. 726, passed - -79)