Gilbert, AZ Curfew Laws: Juvenile Curfew (2026)
Key Facts
- Under-16 curfew
- 10 p.m.–5 a.m.
- Ages 16–17 curfew
- midnight–5 a.m.
- Offense class
- misdemeanor
- Juvenile classification
- incorrigible offense
- Statutory defenses
- 8 listed exceptions
- Adopted
- Ord. No. 853, May 10, 1994
Summary
Code of Gilbert § 42-143 bars anyone under 16 from being away from home between 10:00 p.m. and 5:00 a.m., and 16- or 17-year-olds between midnight and 5:00 a.m. Parents or guardians who knowingly let a minor violate curfew, or who refuse to retrieve a detained minor, are separately liable under the same section.
(b)Offenses. The following are unlawful:(1)It is unlawful for any minor under the age of 16 years to be in, about, or upon any place in the town away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.(2)It is unlawful for any minor 16 years of age or older and under the age of 18 years, to be in, about, or upon any place in the town away from the property where the child resides between the hours of 12:00 a.m. and 5:00 a.m.(3)It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor to violate subsection (b)(1) or subsection (b)(2) of this section... (f)Misdemeanor. Any person convicted of a violation of any provisions of this section shall be guilty of a misdemeanor. This offense is designated as a incorrigible offense for minors under the jurisdiction of the juvenile court.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
Section 42-143 splits Gilbert's curfew by age. window for 16- and 17-year-olds. A parent or guardian who 'knowingly permits, or by insufficient control, allows' a violation is separately liable under (b)(3), and a parent, guardian or custodian who refuses to take custody after a police officer demands it commits a further violation under (b)(4). Subsection (c) lists eight defenses: being accompanied by a parent or guardian; interstate travel with prior permission; going to or from employment by the most direct route; an emergency; a permitted school, religious or supervised recreational activity; a permitted First Amendment activity; being married and 16 or older, or in the military; and being on the sidewalk abutting the minor's own residence or a consenting neighbor's property.
Before enforcing, subsection (d) requires an officer to try to learn the minor's age and reason for being out, and bars a citation or arrest unless the officer reasonably believes no defense applies. Each violation of (b)(1)-(b)(4) is a separate offense under subsection (e), and subsection (f) makes conviction a misdemeanor, with the offense designated as an 'incorrigible offense' for minors under juvenile court jurisdiction. The section traces to Code 1984 § 10-1-10, adopted by Ord. No. 853, § I, May 10, 1994.
Violations & Fines
A curfew conviction is a misdemeanor under § 42-143(f), and for a minor it's classified as an incorrigible offense within the juvenile court's jurisdiction rather than an adult criminal record. Each separate night's violation of subsections (b)(1)-(b)(4) is its own offense, and a parent or guardian who knowingly allows the violation or refuses to retrieve a detained minor faces the same misdemeanor exposure as the minor.
Frequently Asked Questions
What time does Gilbert's curfew start for teenagers?
Can a Gilbert minor be out past curfew for work?
Can parents get in trouble for a curfew violation?
Sources & Official References
Other rules in Gilbert
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