Ordinance 1665ORDINANCE NO. _ 1665
ORDINANCE OF THE COUNCIL OF THE CITY OF CUPERTINO
REPEALING AND REENACTING CHAPTER 10.68 OF THE CUPERTINO
MUNICIPAL CODE RELATING TO JUVENILE CURFEW REGULATIONS
THE COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS. The City Council finds that the
adoption of this ordinance is necessary to protect the public
health, safety and welfare. The City Council hereby adopts the
following findings in support of this ordinance:
A. Juveniles, persons under the ~~ge of eighteen, as a consequence
of their lack of maturity and. ex;~erience, and their inability to
make critical decisions in a full~- informed and mature manner, are
particularly vulnerable to participation in unlawful and gang-
related activities, and to victimization by adult criminals;
B. The City of Cupertino has a compelling municipal interest in
protecting juveniles from crime:, protecting the public from
juvenile crime, assuring the exercise of parental control over and
responsibility for children and i:n reducing the opportunities for
crimes by and against juveniles.
SECTION 2. AMENDMENTS. Cupertino Municipal Code Chapter 10.68 is
hereby repealed in its entirety a:nd a new Chapter 10.68 is hereby
enacted to be entitled "JUVENILE CURFEW REGULATIONS" and to read as
follows:
Section 10.68.010 Definitions.
A. "Curfew hours" means:
(1) 10:00 p.m. on any Sundae, Monday, Tuesday, Wednesday or
Thursday until 6:00 a.m. of the following day; and
(2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
B• "Emergency" means an unforeseen circumstance or the resulting
state that calls for immediate action, including but not limited
to, afire, a natural disaster, an motor vehicle accident, or other
situation requiring immediate action to prevent serious bodily
injury or loss of life.
C. "Guardian" means:
(1) A person who, under court order, is the guardian of a
minor; or
( 2 ) A public or private agency with whom a minor has been
placed by a court.
D• "Minor" means any person under 18 years of age and is
synonymous with the term "juven:Lle" for the purposes of this
Chapter.
E. "Parent" means a person who :Ls:
(1) A natural, adoptive, or ;step parent of another person; or
(2) At least 18 years of age and authorized by a parent or
guardian to have the care and custody of a minor.
F. "Public place" means any places to which the public has access,
including but not limited to, stre~sts, sidewalks, highwa s
the common areas of schools, hospitals, apartments, office
buildings, transportation facilities and commercial stores.
G. "Remain" means to:
(1) Linger or stay, whether on foot or in a vehicle; or
(2) Fail to leave premises when requested to do so by a
police officer or the owner, operator, or person in
control of the premises.
Section 10.68.020 Prohibited Activities.
A. It shall be unlawful for a minor to remain in any public place
within the City during curfew hours.
B. It shall be unlawful for a p~srent or guardian of a minor to
knowingly permit, or by insufficiE;nt control allow, the minor to
remain in any public place within the City during curfew hours.
Section 10.68.030 Exceptions. The activities prohibited by
Section 10.68.020 shall not bE~ unlawful in the following
circumstances:
A• When the minor is accompanied by the minor's parent or
guardian;
B. When the minor is on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
C. When the minor is in a motor vehicle involved in interstate
travel, or other travel not in violation of this article;
D. When the minor is engaged in a.n employment activity, or going
to or returning from an employment activity, without any detour or
stop;
E. When the minor is involved in an emergency;
F. When the minor is on the ;sidewalk abutting the minor's
residence or abutting the residence: of a next-door neighbor if the
neighbor did not complain to the she'riff's office about the minor's
presence;
G. When the minor is attending an official school, religious or
other recreational activity s~~onsored by a civic, commercial, or
other similar organization, that supervises the activity, or when
a minor is going to or returning home from such activity, without
any detour or stop;
H. When the minor is engag:Lng in speech or religious rights
protected by the United States. or California Constitutions, such
as the free exercise of religi~~n, freedom of speech and the right
of peaceful assembly; or
I. When the minor is marz•ied or has been emancipated in
accordance with California Family Code Section 7000, ~ seer.
Section 10.68.040 Enforcement Procedure. Before taking any
enforcement action under this Section, a police officer shall ask
the apparent offender's age a:nd reason for being in the public
place. The officer shall not issue a citation or make an arrest
under this Section unless the officer reasonably believes that an
offense has occurred as providesd in this Chapter.
Section 10.68.050 Penalty for Violation. Any person who
violates any of the provisions of this Chapter shall be guilty of
a misdemeanor and upon convict:Lon shall be punishable as provided
in Chapter 1.12 of this Code.
SECTION 3. ENFORCEMENT. This ordinance shall be effective on
the commencement of the thirt~~-first day after the date of its
adoption. The City Clerk is instructed to file a certified copy
of this ordinance upon its becoming effective with the Sheriff's
Office of the County of Santa Clara, State of California.
SECTION 4. PUBLICATION. 7'he City Clerk shall cause this
ordinance to be published at least once in a newspaper of general
circulation published and circulated in the City within 15 days
after its adoption, in accordance with Government Code 36933,
shall certify to the adoption of this ordinance and shall cause
this ordinance and shall cause this ordinance and her
certification, together with proof of publication, to be entered
in the book of ordinances of tree City Council of this city.
INTRODUCED at a regular meeting of the City Council of the City
of Cupertino this 18th day of July 1994, and ENACTED at
a regular meeting of the City Council of the City of Cupertino
this 1st day of August 1994, by the following vote:
~~ Memk~ers of P C~_~ouncil
AYES: Bautista, Burnett, Dusan, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Kim Marie Smith
City Clerk