SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

CHAPTER II.
CURFEW FOR MINORS

Sec. B13-30. Established.

Except as hereinafter provided, it shall be unlawful for any person under the age of 18 years to loiter, be in or upon, stroll or play in or upon any public street, avenue, highway, road, alley, park, playground or place of amusement or entertainment, vacant lot or other unsupervised place, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, unless such person is accompanied by a parent, guardian or other responsible adult having control or custody of such minor; or unless such person is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

(Code 1954, § 6.2.1-10; Ord. No. NS-607, § 1, 11-15-54)

Sec. B13-31. Exemptions.

This chapter shall not apply to any minor who shall have gone to a place of amusement or entertainment which he may legally attend prior to 10:00 p.m. wherein a regular program of evening entertainment shall have commenced or have been arranged to commence at 10:00 p.m. or prior thereto and shall have been held over or have been continued beyond 10:00 p.m., and such minor is thereafter returning therefrom directly to his place of residence; nor shall this chapter apply to such minor who shall have left a place of employment or social hall after 10:00 p.m., and such minor is thereafter returning directly to his home or place of residence.

(Code 1954, § 6.2.1-10.1; Ord. No. NS-607, § 1, 11-15-54)

Sec. B13-32. Parental responsibility.

It shall be unlawful for the parent, guardian or other adult person having the control, custody or care of any minor under the age of 18 years to permit, allow or let said minor to violate any provision of this chapter.

(Code 1954, § 6.2.1-10.2; Ord. No. NS-607, § 2, 11-15-54)

Sec. B13-33. Burden of proof.

For the purposes of this chapter, the burden of proof shall be upon the adult person who may accompany the minor to establish the fact of care and custody of the minor. The mere fact that the minor is accompanied by an adult person shall not give rise to a presumption that said adult person did in fact have the care and custody of said minor. The burden of proof shall be met by proof of the fact that said adult person is a person who has received the express permission of the parent or guardian to accompany said minor, or by proof that said adult person has been entrusted with the legal custody of said minor.

(Code 1954, § 6.2.1-10.3; Ord. No. NS-607, § 3, 11-15-54)

Sec. B13-34. Violations by minors.

Any minor violating the provisions of this chapter shall be guilty of a misdemeanor and shall be dealt with pursuant to the provisions of Chapter 2, Part 1 of Division 2 of the Welfare and Institutions Code of the State (Welfare and Institutions Code § 200 et seq.).

(Code 1954, § 6.2.1-10.4; Ord. No. NS-607, § 4, 11-15-54)

Sec. B13-35. Violations by adults.

Any parent, guardian or other adult person violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall, for the first offense, be fined not less than $25.00 nor more than $50.00 or be confined in the County jail not more than ten days or punished by both such fine and imprisonment. For the second offense, he shall be fined not less than $50.00 nor more than $100.00 or be confined in the County jail not more than 30 days or punished by said fine and imprisonment. For each subsequent offense, such person shall be fined not less than $100.00 nor more than $500.00 or be confined in the County jail not more than 90 days or punished by both said fine and imprisonment.

(Code 1954, § 6.2.1-10.4; Ord. No. NS-607, § 4, 11-15-54)

Secs. B13-36--B13-45. Reserved.

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2007, the County of Santa Clara, CA