- Monday July 25th, 2011 :: 02:03 p.m. PDT
Does your teen have a curfew?
Have you ever wondered about curfew laws for teens? Prompted by late night summer activity and a recent public inquiry, we decided to put out information on the City's Youth Protection Ordinances.
Adopted in 2006, the City of Fremont adopted the Night Time and Day Time Youth Protection Ordinances. The two Ordinances were adopted in an effort to promote the health, safety and welfare of juveniles in our community. If you would like to learn more about the City's Youth Protection Ordinances continue reading below.
ARTICLE 1. NIGHT TIME YOUTH PROTECTION
Sec. 3-16100. Definitions.
For the purposes of this article, unless otherwise apparent from the context, the following words and phrases shall have the following meanings:
(a) Night time youth protection ordinance hours shall mean 10:00 p.m. until 5:00 a.m. every night of the week.
(b) Youth shall mean any person under eighteen years of age and is synonymous with the term “minor” or “juvenile.”
(c) Emergency shall mean 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 or loss of life.
(d) Parent shall mean a person who is a natural parent, adoptive parent, or stepparent of another person.
(e) Guardian shall mean a person who, under court order, is the guardian of the person of a minor; or
(1) A public or private agency with whom a youth has been placed by a court; or
(2) A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a youth.
(f) Public place shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, highways, private residences left open to the public without the presence of a parent or guardian as a supervisor, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, malls, eating establishments, shopping centers and parking lots.
(g) Loiter shall mean to stand idly about, to linger aimlessly, to delay an activity with aimless idle stops and pauses, to hang around, or to lag behind.
(h) Remain shall mean to linger or stay, whether on foot or in a vehicle; or fail to leave the premises when requested to do so by a police officer, or the owner, operator, or person in control of the premises.
(i) Official warning shall mean documentation that the youth, parent, or guardian has been contacted, detained, or counseled. Such warnings shall include a statement describing the consequences of a second or subsequent violation of this Article including civil penalties and costs.
(j) Third party shall mean any person or legal entity having possession, control, supervision, or responsibility for a public place.
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 2, 6-27-06.)
Sec. 3-16105. Prohibited activity.
(a) It is unlawful for a youth to loiter or remain in any public place within the city during the night time youth protection ordinance hours, other than as permitted in section 3-16110;
(b) It is unlawful for a parent or guardian of a youth to knowingly permit or, by insufficient control, allow the youth to remain in any public place within the city during the night time youth protection ordinance hours other than as permitted in section 3-16110;
(c) It is unlawful for any third party to knowingly permit or, by insufficient security or control, to allow any youth to remain in such public place during the night time youth protection ordinance hours other than as permitted in section 3-16110.
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 3, 6-27-06.)
Sec. 3-16110. Exemptions.
This article shall not apply:
(a) When the youth is accompanied by the youth’s parent or guardian;
(b) When the youth is on an errand at the direction of the youth’s parent or guardian, without any detour or stop;
(c) When the youth is in a motor vehicle involved in interstate travel;
(d) When the youth is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) When the youth is involved in an emergency;
(f) When the youth is on the sidewalk abutting to the youth’s residence or abutting the residence of a next-door neighbor, if the neighbor has not complained to the police department about the youth’s presence;
(g) When the youth is attending an official school, religious, or recreational activity, such as a movie, play, concert, or sporting event, or going to or returning home from such activity, or inside a commercial establishment actively receiving goods or services;
(h) When the youth is exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, or speech;
(i) When the youth is married, an active member of the United States Military, or has been emancipated in accordance with the California Family Code section 7000;
(j) Waiting at a train station or officially designated bus stop, during the hours that those modes of transportation function.
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 2, 6-27-06.)
Sec. 3-16115. Enforcement.
When enforcing this article, law enforcement personnel shall observe all the following enforcement guidelines:
(a) Police personnel will not detain youths based upon attire, race, national origin, gender, sexual orientation, or languages spoken;
(b) Officers may temporarily detain any minor upon a determination of reasonable suspicion based on articulable facts that the minor is in violation of this article. Officers shall not take enforcement action under this article unless an officer has determined that no exemption under section 3-16110 applies;
(c) Before taking any enforcement action, a police officer shall ask the apparent offender’s age and reason for being in the public place;
(d) Officers believing parents or guardians are in violation of section 3-16105 of this article, shall evaluate each incident on its own merits without reference to other conduct suspected or known about the parent or guardian;
(e) Officers shall use appropriate discretion and take into account the totality of events;
(f) Upon a first violation of this article by a youth, the enforcement officer shall mail to the parent or guardian of the minor a notification stating that upon a second violation the parent or guardian may be held liable for civil penalties and the actual administrative and transportation costs incurred by the City of Fremont as a result of the youth’s violation of this article. The parent or guardian shall be instructed to sign and return the notification. The notification shall provide a space for the parent or guardian to explain any circumstance relevant to an exemption in this article. The explanation shall be reviewed by the enforcement officer and if found insufficient the officer may request a consultation with the parent or guardian to discuss the circumstances claimed to be relevant to any applicable exemption.
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 5, 6-27-06.)
Sec. 3-16120. Penalties.
(a) First offense (youth). Unless other offenses are present, any youth who violates this article, shall be released to a parent or guardian with an official warning;
(b) Subsequent offenses (youth). Repeat offenses by youth may result in referral to the Fremont Youth and Family Counseling Service, other community-based service organizations, or Alameda County Juvenile Probation Department;
(c) First offense (parent or guardian). The penalty for a first violation of this article by a parent or guardian shall be an official warning;
(d) Subsequent offenses (parent or guardian). Repeat offenses may be prosecuted under section 3-16105(b) of this article. Each offense shall be subject to a civil penalty not to exceed five hundred dollars ($500.00);
(e) First offense (third party). Any third party who violates this article shall receive an official warning for the first violation;
(f) Subsequent offense (third party). Repeat offenses may be prosecuted under subsection 3-16105(c) and shall be subject to a civil penalty not to exceed five hundred dollars ($500.00).
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 6, 6-27-06.)
Sec. 3-16125. Administrative and transportation fees.
(a) Under the authority of Welfare & Institutions Code section 625.5(e), the city manager is authorized to collect from any minor, a parent or guardian of a minor determined to be in violation of this article the actual costs of administrative and transportation services incurred for the return of any minor to his or her place of residence or to the custody of his or her parent or guardian;
(b) Any person charged with such fees may petition the city manager for a hearing to contest the validity of the fees charged. The city manager shall arrange for the conduct of a fair hearing within a reasonable time following a request.
(Ord. No. 2156, § 2, 2-27-96; Ord. No. 12-2006, § 7, 6-27-06.)
ARTICLE 2. DAY TIME YOUTH PROTECTION
§ 3-16200. Prohibited activity.
§ 3-16210. Enforcement; penalties.
Sec. 3-16200. Prohibited activity.
(a) It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot when the minor is required to be in school. This section shall only apply during the hours of 7:30 a.m. to 2:30 p.m. on days when the minor’s school is in session.
(b) This section does not apply:
(1) When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or
(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or
(3) When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment; or
(4) When the minor has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or
(5) When the minor is exempt by law from compulsory education or compulsory continuation education; or
(6) When the minor is authorized to be absent from his or her school under the provisions of California Education Code section 48205, or any other applicable state or federal law; or
(7) When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.
(Ord. No. 12-2006, § 8, 6-27-06.)
Sec. 3-16210. Enforcement; penalties.
(a) Notwithstanding section 1-3100, a violation of this Article is an infraction and not misdemeanor.
(b) The fine for violation of this article shall be seventy-five dollars for the first offense, one hundred fifty dollars for the second offense within one calendar year of the first offense, and two hundred fifty dollars for the third offense within one year of the second offense.
(c) This section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code section 258, subdivision (a) or any other provision of the Juvenile Court Law for violation of this article.
(Ord. No. 12-2006, § 9, 6-27-06.)
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Fremont Police Department (CA)
2000 Stevenson Blvd
Fremont, CA 94538