SEC.45.04. Daytime Curfew Restrictions For Minors.
(Title and section amended by Ord. No. 180,173, Eff. 10/5/08.)
- Curfew. It is unlawful for any minor under age of 18, who is subject to compulsory education to compulsory continuation education, alone or in concert with other, to be present in or upon the public street, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places or amusement and eating places, which the minor would normally attend, is in session, on days when that school is in session.
- Exceptions. The provision of this section shall not apply when:
- The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor; or
- The minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care or custody of the minor; or
- The minor is going directly to or coming directly from their place of gainful employment; or
- The minor is going directly to or coming directly from a medical appointment; or
- The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued off-campus permit; or
- The presence of the minor in one of the places identified in Subsection
- is connected with or required with respect to a business, trade, profession, or occupation in which the minor is lawfully engaged; or
- The minor is involved in an emergency such as fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or
- The minor is an a motor vehicle involved in interstate travel; or
- The minor is authorized to be absent from his or her school pursuant to the provision of California Education Code Section 48205, or any other applicable state or federal law.
- Enforcement. Before taking any action to enforce the provision of this section, police officers shall ask apparent offender’s age and reason for being in the public place during curfew hours. 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 responses and other circumstances, no exceptions to this section apply.