Chapter 9.30
CURFEW, LOITERING AND TRUANCY OF MINORS
Sections:
9.30.050 Exemptions to violations of curfew restrictions.
9.30.060 Loitering and truancy restrictions.
9.30.070 Exemptions to loitering and truancy restrictions.
9.30.100 Penalties for minors.
9.30.120 Penalties for parents or guardians.
9.30.010 Title.
This chapter shall be known as the “curfew, loitering and truancy of minors ordinance” and may be so cited. [Ord. 312 § 3, 2011.]
9.30.020 Purpose and intent.
It is the purpose and intent of this chapter to protect minors who, due to their immature age and limited experience, are particularly vulnerable to falling victim to crime and/or being influenced to participate in delinquent behavior. These regulations are intended to prohibit any minor from loitering at inappropriate times in public places or on the premises of any establishment, subject to the exemptions and pursuant to the terms of this chapter. [Ord. 312 § 3, 2011.]
9.30.030 Definitions.
The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:
“Curfew hours” means the period from 10:00 p.m. until 6:00 a.m. the following day.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, health emergency, natural disaster, automobile accident or similar situation.
“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
“Guardian” means:
A. A person who, under court order, is the guardian of the person of a minor; or
B. A public or private agency with whom a minor has been placed by the court.
“Minor” means any person under 18 years of age.
“Parent” means:
A. A person who is a minor’s biological parent, adoptive parent, or stepparent and who has legal custody of a minor, including either parent, if custody is shared under a court order or agreement;
B. A person who is the biological parent, adoptive parent, or stepparent with whom a minor regularly resides; and/or
C. A person 18 years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in subsection A or B of this definition for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
“Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, the public access area of a home, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
“Responsible adult” means a person at least 18 years of age, authorized by a parent or guardian to have care and custody of a minor, including, but not limited to, a babysitter, nanny, relative, coach, teacher or tutor.
“School administrator” means any person employed by a public or private school or school district who typically serves in the capacity and title of principal, assistant principal, or his or her designee, who has the authority to permit students to leave the school campus during school hours, excuse absences and discipline students.
“School hours” means the period between 7:30 a.m. and 2:30 p.m. on any day when school is in session.
“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. [Ord. 312 § 3, 2011.]
9.30.040 Curfew restrictions.
A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
B. It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, a minor to be present in any public place or on the premises of any establishment within the city during curfew hours. [Ord. 312 § 3, 2011.]
9.30.050 Exemptions to violations of curfew restrictions.
It is a defense to prosecution under CMC 9.30.040 that the minor was:
A. Accompanied by the minor’s parent or guardian or by a responsible adult;
B. On an errand, without any detour or stop, at the direction of, and with confirmation from, the minor’s parent or guardian;
C. In a motor vehicle involved in interstate travel;
D. Engaged in a legitimate employment activity, or going to or returning home from a legitimate employment activity, without any detour or stop;
E. Involved in an emergency or actively seeking medical assistance due to an emergency;
F. In the right-of-way abutting the minor’s residence which is lawfully owned, occupied, or possessed by the minor, the minor’s parent(s) or guardian(s);
G. Engaged in or going directly to or returning directly from an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
H. Engaged in, or going directly to or returning directly from, any other lawful activity with confirmation from the minor’s parent or guardian;
I. Exercising First Amendment rights protected by the United States Constitution or the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and freedom of assembly; or
J. Emancipated pursuant to California Family Code Section 7000 et seq., including but not limited to the following reasons: married or in the military service. [Ord. 312 § 3, 2011.]
9.30.060 Loitering and truancy restrictions.
A. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be present in any public place or on the premises of any establishment within the city during school hours on days when the minor’s school is in session. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.
B. It is unlawful for any parent or guardian of a minor to knowingly 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 during school hours on days when the minor’s school is in session. [Ord. 312 § 3, 2011.]
9.30.070 Exemptions to loitering and truancy restrictions.
It is a defense to prosecution under CMC 9.30.060 that the minor was:
A. Accompanied by the minor’s parent or guardian or by a responsible adult;
B. Involved in an emergency or actively seeking medical assistance due to an emergency;
C. Engaged in a legitimate employment activity, or going to or returning home from a legitimate employment activity, with a valid school work permit;
D. Engaged in, going directly to, or returning directly from a medical appointment for the minor or the minor’s parent or guardian; and can show proof of that appointment;
E. Authorized to spend the lunch period off campus and possesses a valid, school-issued off-campus permit; and has conformed to all the conditions and restrictions of the lunch pass;
F. Absent from school as a result of the minor’s school, either on a particular day or as a matter of routine, having a start time after 7:40 a.m. or a dismissal time prior to 2:15 p.m., or the student has an abbreviated school schedule which allows the student to start later or be dismissed earlier than the standard start or dismissal time;
G. Authorized to engage in a school-sponsored event or activity, or going directly to or returning directly from an official school-sponsored event or activity, such as a sporting event, field trip, or other such school activity;
H. Absent with the prior authorization of a school administrator;
I. Exercising First Amendment rights protected by the United States Constitution or the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and freedom of assembly;
J. Receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or is receiving home or private school instruction pursuant to California Education Code Section 48222, and is current in his or her assignments and studies;
K. Authorized to be absent from school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law; or
L. Emancipated pursuant to California Family Code Section 7000 et seq., including but not limited to the following reasons: married or in the military service. [Ord. 312 § 3, 2011.]
9.30.080 Enforcement.
A. Before taking any enforcement action under this section a peace officer shall ask the minor’s age and reason for being in the public place, establishment or other location covered under this chapter during curfew hours or school hours. The 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 this section is applicable.
B. Power of Law Enforcement Officers. Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted. [Ord. 312 § 3, 2011.]
9.30.090 Violation.
Each violation of the provisions set forth in this chapter shall constitute a separate offense and shall be treated as an infraction pursuant to the provisions within CMC 1.20.010 and 1.20.020. [Ord. 312 § 3, 2011.]
9.30.100 Penalties for minors.
A. Any minor violating any of the provisions of this chapter shall be punished as an infraction in accordance with CMC 1.20.010, 1.20.020 and/or any other penalty provided by California Welfare and Institutions Code Sections 258, 601 and 602.
B. As an alternative to the penalty provided for in CMC 1.20.020, the minor may be referred to an alternative diversion program or the court may set aside the penalties set forth herein if the minor produces proof satisfactory to the court that the following has occurred:
1. The minor has performed 20 hours of court-approved community service during times other than the minor’s hours of school attendance; and
2. The minor’s parent or guardian has attended a parenting class or a series of parenting classes; and
3. The minor and parent or guardian have attended counseling as directed and approved by the court; and
4. In the case of a loitering and truancy violation only, written evidence is provided to the court by the minor, parent or guardian documenting the minor has had no unexcused absences from school from the date of citation.
5. The minor has completed any other term that the court deems appropriate that is in addition to, or in place of, any of the prior mandates. [Ord. 312 § 3, 2011.]
9.30.110 Hearing requirement.
A minor cited for a violation of this chapter must attend a court hearing on the violation and must be accompanied at the hearing by his or her parent or guardian. If any such parent or guardian fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to the parental or custodial person directing that person to appear at the continued hearing with the minor, pursuant to Welfare and Institutions Code Section 661. This section shall not apply if the minor is referred and accepts enrollment into a diversion program. [Ord. 312 § 3, 2011.]
9.30.120 Penalties for parents or guardians.
A. Any parent or guardian violating any of the provisions of this chapter shall be punished as an infraction in accordance with CMC 1.20.010.
B. On the first offense only, the court may set aside the penalties set forth herein if the parent or guardian produces proof satisfactory to the court that the following has occurred:
1. The parent or guardian has performed 20 hours of court-approved community service; and
2. The parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and
3. The minor and parent or guardian have attended counseling as directed and approved by the court.
4. In the case of a loitering and truancy violation only, written evidence is provided to the court by the minor, parent or guardian documenting the minor has had no unexcused absences from school from the date of citation.
5. The parent or guardian has completed any other term imposed by the court that is in addition to, or in place of, any of the prior mandates. [Ord. 312 § 3, 2011.]