§ 5-14.01. Curfew restrictions; parental supervision of minors.

(a)

It is unlawful for any minor to remain in any public place or on the premises of any business establishment within the City 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 business establishment within the city during curfew hours.

(c)

It is a defense to prosecution under Section 5-14.01(a) or (b) that the minor, at the time of the occurrence, was:

(1)

Accompanied by the minor's parent(s) or guardian;

(2)

On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or in attendance at a place of public entertainment, such as a movie, play, or sporting event, or going to or returning home from such activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the public sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, providing that:

(i)

The neighbor did not complain to the police department about the minor's presence; or

(ii)

The minor was not aware of the neighbor's complaint;

(7)

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor;

(8)

Exercising free speech rights protected by the United States and California Constitutions;

(9)

Married, previously married or otherwise emancipated; or

(10)

On active duty as a member of the United States Military.

(d)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation, place the minor in temporary custody, or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 5-14.01 (c) is present.

(e)

Definitions. For the purposes of this chapter, the following definitions shall apply:

(1)

"Curfew hours" means 10:00 p.m. on any day until 6:00 a.m. of the following day.

(2)

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury, loss of life, or property damage.

(3)

"Business establishment" means any privately owned place of business operated for profit or intended to be profitable to which the public is invited, including but not limited to, any place of amusement or entertainment.

(4)

"Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency or person 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 business establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(7)

"Parent" means a person who is (1) a natural parent or adoptive parent; or (2) at least eighteen (18) years of age and authorized by a parent, or guardian to have the permanent or temporary custody of a minor.

(8)

"Property damage" means the partial or complete harm or destruction of real or personal property.

(9)

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and business establishments.

(10)

"Remain" means to (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(11)

"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.

(§ 2, Ord. 861, eff. June 20, 1996)