The following definitions are applicable to this chapter:
“Curfew hours” means the period from ten p.m. any night until six a.m. the following morning.
“Emergency” means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.
“Establishment” means any privately-owned place of business to which the public is invited including, but not limited to, any place of amusement or entertainment.
“Guardian” means: (1) a person who, under court order, is the guardian of the minor; or (2) a public or private agency with whom a minor has been placed by a court.
“Minor” means any person less than eighteen years of age.
“Operator” means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.
“Parent” means a person who is a natural parent, adoptive parent or stepparent of a minor.
“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 common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
“Remain” means to (1) linger, stay or be present; or (2) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.
“Responsible adult” means a person at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor. (Ord. 562A § 2, 1999: Ord. 562 § 2(part), 1995).

A. It is unlawful for any minor to remain in any public place or on the premises of any establishment within the unincorporated area of the county 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 establishment within the unincorporated area of the county during curfew hours.
C. It is unlawful for any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.
D. It is a defense to prosecution under subsections A or B of this section that the minor was:
1. Accompanied by the minor’s parent or guardian or by a responsible adult; or
2. On an errand at the direction of the minor’s parent or guardian or responsible adult, without detour or delay; or
3. In a motor vehicle involved in intrastate or interstate travel; or
4. Engaged in employment, or going to or returning home from employment, without detour or delay; or
5. Involved in an emergency; or
6. On the street or sidewalk adjacent to the minor’s residence, providing the minor is not otherwise violating the law; or
7. Attending an official school, religious or other adult supervised recreational activity sponsored by the county, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; or
8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
9. Emancipated pursuant to law.
E. It is a defense to prosecution under subsection C of this section that the owner, operator or employee of an establishment promptly notified the applicable law enforcement agency that a minor was present on the premises of the establishment during curfew hours and refused to leave.
F. Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender’s age and reason for remaining in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and based upon the minor’s response(s) and other circumstances, no defense under this chapter appears present or applicable. (Ord. 562A § 3, 1999).

It is unlawful for the parent, guardian or other person having the legal care, custody or control of any minor under the age of eighteen years to allow or permit such minor to violate any provision of this chapter. (Ord. 562 § 2(part), 1995).

It is unlawful for any person to assist, aid, abet or encourage any minor under the age of eighteen years to violate any provision of this chapter. (Ord. 562 § 2(part), 1995).

Any minor under the age of eighteen years found in violation of this chapter and taken into temporary custody therefor shall either be taken to a proper place for detention of such minors or detained until the arrival of a parent, guardian or proper person to care for such minor. This provision shall not prohibit the transportation of such minors to their residence or other proper abode. (Ord. 562 § 2(part), 1995).

It is unlawful for any parent, guardian or person having a minor in his or her charge, after receiving notice of the apprehension and detention of such minor, to fail or neglect without unreasonable delay, to go in person or send some suitable person after such minor so detained. (Ord. 562 § 2(part), 1995).

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and if such violator is a juvenile, he or she shall be dealt with in accordance with the appropriate sections of the California Welfare and Institutions Code and with juvenile court law and procedure. (Ord. 562 § 2(part), 1995).

A fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parents or legal guardian, shall be charged jointly or severally to the minor, his or her parents, or legal guardian, in an amount not to exceed these actual costs. This section shall be effective upon the adoption of a resolution by the board of supervisors which outlines the procedure for implementation of the fee described in this section. (Ord. 562 § 2(part), 1995).