Ord 2360 - Amendment Curfew OrdinanceORDINANCE 2360
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 18, "OFFENSES AND MISCELLANEOUS PROVISIONS", ARTICLE
III, "MINORS", DIVISION 2, "CURFEW", OF THE TOWN OF LOS GATOS TOWN CODE
WHEREAS, the Town's curfew ordinance is codified at Town Code Sections 18.30.050 and
following;
WHEREAS, the defenses to a curfew violation are set forth in Town Code Section
18.30.060;
WHEREAS, a defense for engagement in First Amendment activities is recommended for
addition; and
WHEREAS, duplicative language is recommended for removal;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
The following sections of the Town Code are amended to read as follows:
SECTION I. Section 18.30.055, "Offenses," of the Town Code is amended to read as follows:
Sec. 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 (unless 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).
(Ord. No. 2038, `§ IV, 12-1-97)
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Ordinance 2340 August 6, 2024
SECTION II. Section 18.30.060, "Defenses," of the Town Code is amended to read as follows:
Sec.18.30.060. Defenses.
It is a defense to prosecution 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) Attending or traveling directly to or 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;
(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;
(9) On the plaza level of the Town Civic Center, providing the minor is not otherwise
violating the law;
(10) Emancipated in accordance with the California Family Code or other applicable state
law.
(11) Attending an official school, religious, or other recreational activity supervised by
adults and sponsored by the Town of Los Gatos, a civic organization, or another
similar entity that takes responsibility for the minors;
(12) Exercising First Amendment rights protected by the United States Constitution.
(Ord. No. 2038, § VI, 12-1-97)
SECTION III. Section 18.30.080, "Minors under eighteen; exception," of the Town Code is
repealed.
SECTION IV. Section 18.30.085, "Responsibility of parents, guardians, etc.," of the Town Code is
repealed.
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Ordinance 2340 August 6, 2024
SECTION V. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION VI. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with
certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VII. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby
directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted
in accordance with Section 36933 of the Government Code of the State of California.
SECTION Vill. Effective Date.
This Ordinance will take effect 30 days from the date of adoption. This Ordinance was
introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 4th day of
June, 2024, and adopted by the Town Council of the Town of Los Gatos at its regular meeting
on the 61h day of August, 2024, by the following vote.
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame
NAYS:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
MA HE TOWN OF LOS GATOS
LO GAT S, CALIFORNIA
ATTEST:-
ib!di4 €R!;-OF THE TOWN OF LOS GATOS
LOS-GATOS, CALIFORNIA
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Ordinance2340 August 6, 2024