§ 58.0102 — Curfew Regulations

§58.0102 Curfew Regulations

(a) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of San Diego during curfew hours. (b) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City of San Diego during curfew hours. (c) It is a defense to prosecution under section 58.0102(a) or (b) 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 the responsible adult, without any detour or stop; (3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) involved in an emergency; (6) on the sidewalk abutting the minor’s residence; (7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of San Diego, a civic 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 of San Diego, a civic organization, or another similar entity that takes responsibility for the minor; (8) exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, the exercising of those First Amendment rights; (9) travelling from an activity listed in section 58.0102(c) to another activity listed in section 58.0102(c), without any detour or stop; or (10) emancipated pursuant to law. (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 or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under section 58.0102(c) is present or applicable. (e) Each violation of this section shall constitute a separate offense.

(Amended 7-1-1997 by O-18416 N.S.) (Repealed “Curfew Restrictions” and added “Curfew Regulations” 2-22-2010 by O-19932 N.S.; effective 2-22-2010.)