11 Staff Report. Adopt Curfew Ordinance Update with Attachment
Reviewed by: Town Manager, Chief of Police, and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/06/2024 ITEM NO: 11
DATE: July 19, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Amending the Town’s Curfew Ordinance.
Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos
Amending Chapter 18, ‘Offenses and Miscellaneous Provisions,’ Article III,
‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code” RECOMMENDATION:
Adopt an Ordinance amending the Town’s Curfew Ordinance.
BACKGROUND:
The Town’s curfew ordinance is codified in Town Code Sections 18.30.050 and following. It
prohibits minors from tarrying (lingering) in public places between the hours of 10 p.m. and 6
a.m. The existing curfew ordinance lists a number of exceptions to this prohibition, including:
minors who are accompanied by parents or guardians, on errands, working or traveling to or
from work, or returning home from recreational or entertainment activities.
An ordinance proposing minor amendments to the curfew ordinance was introduced at the
June 6, 2024, Town Council Meeting.
DISCUSSION:
Curfew ordinances are enforceable so long as they include appropriate carve-outs for
constitutionally-protected behaviors and behaviors that carry none of the dangers that the
curfew was meant to protect against. In order for the curfew ordinance to be enforceable, it
should include an exception for participation in First Amendment activities. This exception has
been added to the ordinance proposed for adoption.
PAGE 2 OF 2 SUBJECT: Adopt Ordinance Amending Curfew Ordinance DATE: July 19, 2024
CONCLUSION:
In order to render the curfew ordinance enforceable, remove duplicative sections, and clarify
Section 18.30.060, the Town Attorney’s Office recommends that the Town Council adopt the
ordinance amending the existing curfew ordinance.
COORDINATION:
This report was coordinated with the Police Department, the Town Clerk, and the Town
Manager’s Office.
FISCAL IMPACT:
This ordinance amendment will enable the Town to issue administrative citations for curfew
violations.
ENVIRONMENTAL ASSESSMENT:
Introduction of this ordinance is not a project defined under CEQA, because it will not impact
the physical environment, and no further action is required.
Attachment:
1. Proposed Ordinance Amending Curfew Ordinance
Page 1 of 3
Draft Ordinance Date Adopted
DRAFT ORDINANCE 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)
ATTACHMENT 1
Page 2 of 3
Draft Ordinance Date Adopted
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.
Page 3 of 3
Draft Ordinance Date Adopted
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 VIII. 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 ___ day of
_____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on
the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA