9.04.150 - Curfew restrictions for minors.

(a)

Definitions.

(1)

"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, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(2)

"Establishment" means any privately-owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment such as a movie theater, sporting event or dance club.

(3)

"Guardian" means:

(A)

A person who, under court order, is the guardian of the person of a minor; or

(B)

A public or private agency with whom a minor has been placed by the court.

(4)

"Minor" means any person under the age of eighteen.

(5)

"Parent" means a person who is:

(A)

A natural parent, adoptive parent, or step-parent of another person; or

(B)

At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

(6)

"Public place" means any place to which the public or a substantial portion of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, shops, restaurants and banquet facilities.

(7)

"Remain" means to:

(A)

Linger or stay; or

(B)

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.

(8)

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(b)

Hours of Curfew. No minor shall remain present in or on any public place or on the premises of an establishment between the hours of ten p.m. and six a.m. of the immediately following day; provided however, that the provisions of this section shall not apply if:

(1)

The minor is accompanied by his or her parent or parents, legal guardian or other adult person having legal care or custody of the minor, or by his or her spouse eighteen years or older;

(2)

The minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years or older;

(3)

The minor is going to or returning home from a public place or establishment provided that his or her presence at that public place was not otherwise in violation of this title;

(4)

The presence of such minor in a public place or establishment is connected with or required with respect to a business, trade, profession or occupation in which said minor is lawfully engaged;

(5)

The minor is exercising First Amendment rights protected by the United States Constitution;

(6)

The minor is in a motor vehicle involved in interstate travel;

(7)

The minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

(8)

The minor is involved in an emergency; or

(9)

The minor is emancipated by law.

(10)

The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Commerce, 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 of Commerce, a civic organization, or other similar entity that takes responsibility for the minor.

(c)

Parental Responsibility. It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow the minor to be present in any public place or on the premises of an establishment within the city during the hours of curfew.

(d)

Infraction—Penalty. Violation of this section shall constitute an infraction punishable by a fine not to exceed six hundred seventy-five dollars or in lieu of a fine, court approved community service hours ranging from seventy-five to two hundred fifty hours; or parent counselling for a period of thirteen weeks at two hours per week; or be directed to the probation office from six months up to one year dependent upon the minor's criminal record.

(e)

Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under this chapter must attend a juvenile court hearing on the infraction and must be accompanied at the hearing by his or her parent(s) or guardian(s). If the minor fails to attend the hearing, a bench warrant will be issued. If any such parent(s) or guardian(s) fails to attend the hearing with the minor, the court in its discretion may continue the hearing and issue a citation to said parental or custodial person(s) directing such person(s) to appear at the continued hearing with the minor, may impose such penalty upon said parent(s) or guardian(s) including contempt of court, or may impose such penalties on said minor as authorized in this section.

(f)

Penalty May Be Set Aside for First Infraction. The court may set aside the fine imposed by this section, or any portion thereof, if the fine is based on the minor's first infraction under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1)

The minor has performed ten hours of court-approved community service during times other than said minor's hours of school attendance; or

(2)

The minor's parent(s) or legal guardian(s) has or have attended a parenting class or a series of parenting classes approved by the court.

(g)

Severability. If any provision of the ordinance codified in this section or the application to any person or circumstances is held invalid by order of court, the remainder of this section or the application of such provision to other persons or other circumstances shall not be affected.

(Ord. 524 § 1, 1997).