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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 Monterey 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 Monterey during curfew hours.

c.It is a defense to prosecution under subsection (a) or (b) of this section 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 Monterey, 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 Monterey, 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.Traveling from an activity listed in subsection (c) of this section to another activity listed in subsection (c) of this section, 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 subsection (c) of this section is present or applicable.

e.Each violation of this section shall constitute a separate offense. (Ord. 3472 § 9, 2012)