1. Accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or
2. Engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor’s parent or legal guardian, without any detour or stop; or
3. Acting within the course and scope of gainful employment, or traveling directly to or from his or her place of gainful employment, or to or from a medical appointment and the minor can produce written evidence of same, without any detour or stop; or
4. Traveling directly to or from a meeting, entertainment, recreational or school activity, or dance, with the written consent of the minor’s parent or legal guardian, without detour or stop; or
5. Exercising rights protected by the First Amendment of the United States Constitution or Article I of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor’s parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activity involving the exercise of constitu-tional rights, and the specific location where the minor is permitted to be during such hours; or
6. Legally married, or emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or
7. In a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent’s or guardian’s written consent thereto; or
8. On any public sidewalk immediately adjacent to his or her residence; or
9. Involved in an emergency. As used herein, “emergency” means an 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.
B. Before taking any enforcement action under this chapter, a police officer shall ask the minor’s age and reason for being in the public place or other location, during the time covered under Sections 9.08.010 and 9.08.015 of this chapter. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under this section is applicable. (Ord. 248 § 3, 2005)