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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 San Luis Obispo 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 San Luis Obispo 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 from an employment activity to a private place 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 San Luis Obispo, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning from an official school, religious, or other recreational activity supervised by adults and sponsored by the city of San Luis Obispo, a civic organization, or another similar entity that takes responsibility for the minor to or from a private place without any detour or stop;

8. Exercising First Amendment rights protected by the United States Constitution, or going to or returning from the exercising of those First Amendment rights to or from a private place without any detour or stop;

9. Travelling from an activity listed in this subsection C to another activity listed in this subsection C, without any detour or stop;

10. Emancipated pursuant to law;

11. Going to or returning from any private place, without detour or stop.

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 police 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. 1562 § 1 (part), 2011)