§ 9.85.015. Curfew restrictions.

A.

It is unlawful for any minor to remain in any public place or on the premises of any establishment within the unincorporated area of the county during curfew hours.

B.

It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the unincorporated area of the county during curfew hours.

C.

It is unlawful for any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

D.

It is a defense to prosecution under subsections A or B of this section that the minor was:

1.

Accompanied by the minor's parent or guardian or by a responsible adult; or

2.

On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; or

3.

In a motor vehicle involved in intrastate or interstate travel; or

4.

Engaged in employment, or going to or returning home from employment, without detour or delay; or

5.

Involved in an emergency; or

6.

On the street or sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law; or

7.

Attending an official school, religious or other adult supervised recreational activity sponsored by the county, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; or

8.

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

9.

Emancipated pursuant to law.

E.

It is a defense to prosecution under subsection C of this section that the owner, operator or employee of an establishment promptly notified the applicable law enforcement agency that a minor was present on the premises of the establishment during curfew hours and refused to leave.

F.

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender's age and reason for remaining in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and based upon the minor's response(s) and other circumstances, no defense under this chapter appears present or applicable.

(Ord. 562A § 3, 1999).