§ 54-2.016. Enforcement.

(a)

Before taking any enforcement action under this section, a sheriff's deputy will 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 deputy will not issue a warning or citation under this section unless the deputy reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no exception under section 54-2.014 applies.

(b)

Upon a first violation of any curfew restriction in this chapter, a written warning will be issued to the person violating this chapter. A written warning will also be mailed to the minor's parents or legal guardian stating that the minor was in violation of curfew regulations and that a subsequent violation of any curfew restriction in this chapter within twelve months after the first violation will constitute an infraction. This notice will require the parents or legal guardian to sign and return the notification and include space for the explanation of any circumstances relevant to any applicable exception specified in section 54-2.014.

(c)

Each subsequent violation of any curfew restriction in this chapter within twelve months after the first violation is an infraction.

(d)

This section shall not be construed to abridge the authority of a law enforcement officer to assume temporary custody, during school hours, of any minor subject to compulsory full time education or compulsory continuing education who is found away from his or her home and who is absent from school without a valid excuse, and return the minor to the minor's school of registration, pursuant to California Education Code Sections 48264 and 48265.

(e)

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, Welfare and Institutions Code Section 200, et seq.

(Ord. No. 2012-05, §§ I and II, 2-28-12)