Ord 2038 - Amending Chapter 18 Division 2 - CurfewORDINANCE 2038
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 18, DIVISION 2- CURFEW
THE TOWN COUNCIL OF THE TOWN .OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Council for the Town of Los Gatos finds that a juvenile curfew ordinance is
necessary and desirable because the protection of minors warrants a higher degree of governmental
regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children
and minors' inability to make critical decisions in an informed and mature manner. The Town
recognizes a compelling interest in preserving the safety of the community generally and providing
a higher degree of protection for its minors specifically during nighttime hours.
SECTION II
Section 18.30.050, Definitions is added to read as follows:
Section 18.30.050, Definitions
For the purpose of this article, the following definitions shall apply.
1. Curfew hours means the period from 10:00 p.m. any night until 6:00 a.m. the
following morning for minors under the age of eighteen years.
2. Emergency means an unforeseen circumstance or circumstances or the
resulting situation that calls for immediate action to prevent serious bodily
injury or loss of life. The term includes, but is not limited to, a fire or
explosion, a natural disaster, an automobile accident, or any situation
requiring immediate action to prevent bodily injury or loss of life.
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3. Establishment means any privately -owned place of business to which the
public is invited including, but not limited to, any place of amusement,
entertainment, or recreation.
4. Guardian means (a) a person who, under court order, is the guardian of the
minor; or (b) a public or private agency with whom a minor has been placed
by a court.
5. Minor means any person under eighteen (18) years of age.
6. Operator means any individual, firm, association,, partnership or corporation
operating, managing or conducting any establishment.
7. Parent means a person who is a natural parent, adoptive parent or step - parent
of a minor.
8. Responsible adult means a person at least eighteen (18) years of age and
authorized by a parent or guardian to have the care and custody of a minor.
9. Public place means any outdoor area to which the public or a substantial
group of the public has access and includes, but is not limited to streets,
highways, sidewalks, alleys, parks, playgrounds, other public grounds,
common areas of schools, hospitals, apartment houses, office buildings,
transport facilities and shops.
10. Remain means to (a) linger, stay or be present; or (b) fail to leave the premises
when requested to do so by a peace officer, the owner, operator or other
person in control of the premises.
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11. Tarry means remaining, wandering, strolling or playing without apparent
purpose and while not under the supervision of a parent, guardian or adult
designated by a parent or guardian.
12. 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.
SECTION III
Section 18.30.055, Minors under eighteen; exception shall be renumbered to 18.30.080.
SECTION IV
Section 18.30.055 shall be added to read as follows:
Section 18.30.055. Offenses.
It is unlawful for:
(1) Any minor to tarry in any public place or on the premises of any
establishment within the Town during curfew hours, or,
(2) Any parent or guardian of a minor to knowingly permit, or by
insufficient control allow, the minor to tarry in any public place or on
the premises of any establishment with the Town during curfew hours,
or,
(3) Any owner, operator or employee of any establishment to knowingly
permit a minor to tarry in or upon the premises of an establishment
during curfew hours.
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SECTION V
Section 18.30.060, Responsibility of parents, guardians, etc. shall be renumbered to
18.30.085.
SECTION VI
Section 18.30.060 shall be added to read as follows:
Section 18.30.060. Defenses.
It is a defense to prosection of the above offenses that the minor was:
(1) Accompanied by the minor's parent or guardian or by a responsible
adult;
(2) On an errand at the direction of the minor's parent or guardian or
responsible adult, without detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in a lawful employment activity, or going to or returning
home from a lawful employment activity, without detour or stop;
(5) Acting in response to an emergency;
(6) On the sidewalk abutting the minor's residence or abutting any
residence when in the company of the resident, providing the minor is
not otherwise violating the law;
(7) Returning directly home, without detour or stop, from a school,
religious, cultural, sport, amusement, entertainment, movie or
recreation activity; or any organized rally, demonstration, meeting or
similar activity;
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(8) Waiting at a bus stop or bus station for transportation, providing the
next bus is scheduled to arrive in no more than one (1) hour;
(8) On the plaza level of the Town Civic Center, providing the minor is
not otherwise violating the law;
(9) Emancipated in accordance with the California Family Code or other
applicable state law.
It is a defense to prosecution under Offense #3 above, that the owner, operator or
employee of an establishment promptly notified the police department that a minor was present on
the premises of the establishment during curfew hours and refused to leave.
SECTION VII
Section 18.30.065, Processing after detention, shall be renumbered to 18.30.090.
SECTION VIII
Section 18.30.065 shall be added to read as follows:
Section 18.30.065. Enforcement.
Before taking any enforcement action under this ordinance, a peace officer shall ask
the apparent offender's age and reason for being 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
ordinance unless the officer has probable cause to believe an offense has occurred and based upon
the minor's responses(s) and other circumstances, no defense under this ordinance appears present
or applicable.
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SECTION IX
Section 18.30.070 shall be added to read as:
Section 18.30.70. Penalties.
Any person who violates a provision of this ordinance is guilty of a separate offense for
each day or part of a day during which the violation is committed, continued or permitted. Any person
who violates the offenses described in this ordinance shall be guilty of a misdemeanor. Minors shall
be dealt with in accordance with juvenile court law and procedure.
SECTION XI
Section 18.30.075 shall be added to read as:
Section 18.30.075. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The
Town Council of the Town of Los Gatos hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any
one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently
be declared invalid or unconstitutional.
SECTION XIII
This ordinance was introduced at a regular meeting of the Town council of the Town of Los
Gatos on November 17, 1997 and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on December 1,
1997. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATT
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CLERK OF THE TOWN OF LO ATOS
LOS GATOS, CALIFORNIA
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