CITY COUNCIL AGENDA ITEM
Meeting Date: April 24, 2007
Subject/Title: City of Brentwood Curfew Ordinance
Prepared by: Brian Strock, Police Lieutenant
Submitted by: Mark Evenson, Chief of Police
That the City Council receive and file this informational report.
In 1999 the City of Brentwood’s former curfew regulations, (Chapter 9.68 of
the Brentwood Municipal Code (BMC)) was repealed and replaced by our
existing regulations due to federal court decisions pronouncing
unconstitutional, provisions of local laws similar to that found in the
former Chapter 9.68. At the time of the enactment of the revised Chapter,
the City Council found that:
“A juvenile curfew discourages criminal activity by removing minors from the
areas subject to unlawful activities during the night time hours and thus
will further the public health and safety in the City of Brentwood.”
Chapter 9.68 currently makes it a misdemeanor for any minor under the age of
eighteen (18) to remain in any community place or establishment within the
City of Brentwood without the consent of the owner, operator or occupant
thereof between the hours of 10:00 p.m. and 5:00 a.m.; Sunday through
Thursday, or between the hours of 12:00 midnight and 5:00 a.m. on Friday and
Saturday. The law does provide exceptions to the general rule and they are:
1. The minor is accompanied by his or her parent(s), legal guardian or by
spouse eighteen (18) years of age or older.
2. The minor’s parent(s) or legal guardian has given the permission to
remain in a public
place or establishment during the curfew hours
3. The minor is involved in an emergency.
4. The minor is attending, going to or returning home without any detour or
stop from an
official school activity, civic organization, educational, religious, or
activity supervised by adults.
5. The minor is engaged in lawful employment activity or is going to or
returning from a
lawful employment activity without any detour or stop.
6. The minor is in a motor vehicle involved in interstate travel.
7. The minor is exercising his/her First Amendment rights under the U.S.
8. The minor is on the sidewalk adjacent to his/her residence or the
residence of a next
door neighbor and the neighbor does not complain to the Police Department
Section 9.68.020 of the BMC provides a list of definitions applicable to our
Additionally, BMC section 9.68.030 makes it a misdemeanor for a parent or
guardian knowingly to allow or permit such a minor to violate this curfew
Enforcement of the curfew ordinance has increased over the last few months.
In 2006, we made 33 arrests for curfew. In just a little over three months
this year, we have made 22 arrests.
Violators are generally issued a Juvenile Affidavit (a juvenile arrest
citation) and released to their parent, usually from the scene. They may be
taken to the Police Department to wait for their parent depending on
circumstances in which the police found the minor or if the parents can not
be located right away.
Almost all those arrested are diverted in to our Diversion Program. If they
complete the program then we do not proceed with prosecution. If they fail
to complete the program, then the case is forwarded to the County Probation
Department for review and disposition.
There is no fiscal impact. This is an informational staff report only.