Division VI. Consumer Protection (Reserved)
Division VII. Offenses By or Against Minors
Chapter 9.72
CURFEW AND TRUANCY
Sections:
9.72.010 Curfew.
It is unlawful for any minor under the age of 18 years to remain in any public place, or any private business open to the public, between the hours of 10:00 p.m. on any day and sunrise of the immediately following day; provided, however, that the provisions of this section shall not apply when:
A. The minor is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;
B. The minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;
C. The minor is returning directly home from a public meeting, or a place of public entertainment such as a movie, play, sporting event, dance or school activity;
D. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which said minor is lawfully engaged;
E. The minor is involved in an emergency situation;
F. The minor is emancipated pursuant to law.
Each violation of the provisions of this section shall constitute a separate offense and shall be a misdemeanor. (Ord. 98-1832 § 1, 1998; Ord. 95-1786, 1995; Ord. 1688 § 1, 1989; 1964 Code § 17.2.)
9.72.020 Truancy.
It is unlawful for any minor under the age of 18 years to remain in any public place, or any private business open to the public, between the hours of 8:30 a.m. and 1:30 p.m. on days when schools are in session; provided, however, that the provisions of this section shall not apply when:
A. The minor is accompanied by his or her parent or parents, legal guardian or other adult person having the care or custody of the minor, or by his or her spouse 18 years of age or older;
B. The minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;
C. The minor is returning directly home from a public meeting or a place of public entertainment, such as a movie, play, sporting event, dance or school activity;
D. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which said minor is lawfully engaged;
E. The minor is involved in an emergency situation;
F. The minor is emancipated pursuant to law;
G. The minor is properly excused from school for any reason permitted under California statute, including, but not limited to, Section 48205 of the California Education Code. For the purpose of this section, “properly excused” means those minors who have fully complied with all statutory procedures necessary to excuse their attendance under the applicable California statute.
Each violation of the provisions of this section shall constitute a separate offense and shall be a misdemeanor. (Ord. 99-1843 § 1, 1999; Ord. 98-1832 § 1, 1998; Ord. 95-1786, 1995.)
9.72.030 Cost recovery.
A. When a minor under 18 years of age is detained for violating any public offense, and the minor is detained for a period of time in excess of one-half hour, and said detention required the supervision of the juvenile offender by Covina police department personnel or volunteer staff, the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel in excess of one-half hour.
B. As determined by the chief of police or his designee, the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the costs of police services for the detention, processing, transportation, and supervision of said minor, except that supervision costs may only be assessed when the minor is detained in excess of one-half hour, said time period to begin from the moment of the initial detention.
C. Billing for services of volunteer personnel shall accrue at the rate of an “A” step police officer.
D. Any person receiving a bill for police services pursuant to this section may, within 15 days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding billing shall be heard by the city manager or his or her designee, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after notice of the decision of the hearing officer.
E. If any section, subsection, sentence, clause, phrase, word or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Covina hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, work or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, work, or portion may be declared invalid or unconstitutional. (Ord. 95-1786, 1995.)