July 29, 2011 > Does your teen have a curfew?
Does your teen have a curfew?
Submitted By Fremont Police Department
In an effort to promote the health, safety and welfare of juveniles in our community, the City of Fremont adopted the Night Time and Day Time Youth Protection Ordinances in 2006. The following is a brief summary; for full disclosure, the entire ordinance should be read.
Night Time Youth Protection Ordinance hours shall mean 10:00 p.m. until 5:00 a.m. every night of the week.
Youth shall mean any person under eighteen years of age and is synonymous with the term "minor" or "juvenile."
Night Time Youth Protection
(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;
(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;
(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.
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.
Day Time Youth Protection
(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.