21 Staff Report. Curfew Ordinance Update with attachments
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: 06/04/2024
DATE: May 30, 2024
TO: Mayor and Town Council
FROM: Gabreille Whelan, Town Attorney
SUBJECT: Introduce 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:
Introduce an Ordinance (Attachment 2) 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. Recently, an issue
has arisen regarding the enforceability of the Town’s curfew ordinance.
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. A proposed edit to
Section 18.30.060 to add a new subsection (12) is shown in the attached redline (Attachment
1).
PAGE 2 OF 2 SUBJECT: Introduce Ordinance Amending Curfew Ordinance DATE: May 30, 2024
DISCUSSION (continued):
Also, in Section 18.30.060, which lists exceptions to what will constitute a violation, a phrase
has been added to subsection (7) to state that attendance at a recreational or entertainment
event is not a violation.
In addition, the proposed ordinance update clarifies the ordinance in several respects. Town
Code Section 18.30.080 duplicates Section 18.30.055 and 18.30.060, and Section
18.30.18.30.085 duplicates Section 18.30.055. The proposed ordinance removes Sections
18.30.080 and 18.30.085 because they are duplicative. In Section 18.30.060, there was an un-
numbered exception to prosecution at the bottom of the list of defenses. In the proposed
update, that exception has been moved to Section 18.30.055(3).
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 introduce
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.
Attachments:
1. Redline of Curfew Code Section
2. Proposed Ordinance Amending Curfew Ordinance
- CODE
Chapter 18 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. - MINORS
DIVISION 2. CURFEW
Los Gatos, California, Code of Ordinances Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
Page 1 of 4
DIVISION 2. CURFEW
Sec. 18.30.050. Definitions.
For the purpose of this article, the following definitions shall apply:
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 (18) years.
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.
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.
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.
Minor means any person under eighteen (18) years of age.
Operator means any individual, firm, association, partnership or corporation operating, managing or
conducting any establishment.
Parent means a person who is a natural parent, adoptive parent or step-parent of a minor.
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.
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.
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.
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.
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.
(Ord. No. 2038, § II, 12-1-97)
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,
ATTACHMENT 1
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
Page 2 of 4
(Ord. No. 2038, § IV, 12-1-97)
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 rReturning 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.
It is a defense to prosecutionunder 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.
(Ord. No. 2038, § VI, 12-1-97)
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).
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
Page 3 of 4
Sec. 18.30.065. Enforcement.
Before taking any enforcement action under this article, 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 article 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 article
appears present or applicable.
(Ord. No. 2038, § VIII, 12-1-97)
Sec. 18.30.070. Penalties.
Any person who violates a provision of this article 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 article shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and
procedure.
(Ord. No. 2038, § IX, 12-1-97)
Sec. 18.30.075. Severability.
If any section, subsection, sentence, clause, phrase or portion of this article 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 article. The town council 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.
(Ord. No. 2038, § XI, 12-1-97)
Sec. 18.30.080. Minors under eighteen; exception.
It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll or play in
or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town
between the hours of 10:00 p.m. and daylight of the following day; provided, that the provisions of this section do
not apply when the minor is accompanied by the minor's parent, guardian or other adult person having the care
and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by the
minor's parent, guardian or other adult person having the care and custody of the minor or where the minor is
returning directly home from a meeting, dance, entertainment or recreational activity.
(Code 1968, § 17-3; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § III, 12-1-97)
Sec. 18.30.085. Responsibility of parents, guardians, etc.
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor
under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll or play in or upon the
public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in
violation of this division; provided, that the provisions of this section do not apply when the minor is accompanied
Created: 2024-03-29 13:44:14 [EST]
(Supp. No. 94)
Page 4 of 4
by the minor's parent, guardian or other adult person having the care and custody of the minor, or where the
minor is upon an emergency errand or legitimate business directed by the minor's parent, guardian or other adult
person having the care and custody of the minor or where the minor is returning directly home from a meeting,
dance, entertainment or recreational activity.
(Code 1968, § 17-4; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § V, 12-1-97)
Sec. 18.30.090. Processing after detention.
Whenever any Police or other officer charged with the duty of enforcing the laws of the State or ordinances
of the Town discovers or has attention called to the fact that any minor under the age of eighteen (18) years is
upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the Town in
violation of this division, and that such minor is not accompanied by the minor's parent, guardian or other adult
person having the care and custody of the minor, or where the minor is not upon an emergency errand or
legitimate business directed by the minor's parent, guardian or other adult person having the care and custody of
the minor or where the minor is not returning directly home from a meeting, dance, entertainment or recreational
activity, such officer shall have the authority to make an immediate investigation for the purpose of ascertaining
whether or not the presence of such minor upon or in any of the places designated is not prohibited by the
provisions of section 18.30.055.
(Code 1968, § 17-5; Ord. No. 1773, § 1, 12-5-88; Ord. No. 2038, § VII, 12-1-97)
Page 1 of 4
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, defenses for attendance at recreational or entertainment events and
engagement in First Amendment activities are 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)
SECTION II. Section 18.30.060, “Defenses,” of the Town Code is amended to read as follows:
ATTACHMENT 2
Page 2 of 4
Draft Ordinance Date Adopted
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.
SECTION V. Severability.
Page 3 of 4
Draft Ordinance Date Adopted
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 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
DATE: __________________
Page 4 of 4
Draft Ordinance Date Adopted
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________