K.S.

In this case K.S. (Philip), a 16-year old, was found to have violated the Poway juvenile curfew ordinance (the ordinance) (Poway Mun. Code, § 9.24.010 et seq.) and fined $20. Philip appealed to this court, contending the ordinance is unconstitutionally overbroad and vague, and that insufficient evidence supports the juvenile hearing officer’s finding he violated the ordinance. We asked the parties for supplemental briefs addressing the question of whether Welfare and Institutions Code 1 section 800 provides Philip the right to appeal to this court. After reviewing the supplemental briefing and pertinent law, we conclude the matter is not appealable and this appeal must be dismissed.

*120 BACKGROUND

Philip was arrested and detained for curfew violation on November 1, 2001, while traveling in Poway accompanied by a 21-year-old relative in a car driven by a friend who was stopped for speeding after 11:00 p.m. The arresting officer filed an affidavit and application for filing of a juvenile court petition, alleging Philip came under the provisions of sections 601 and 602. No petition under either section ever issued or was filed with the juvenile court. Rather the matter…