Chapter 9.17
CITATION SYSTEM FOR JUVENILES, JUVENILES LOITERING AND CURFEW VIOLATIONS AND COST RECOVERY
Sections:
9.17.020 Infractions, penalties, continuing violations.
9.17.030 Daytime loitering by minors.
9.17.040 Minor curfew, loitering or wilful misconduct – Cost recovery.
9.17.010 Intent.
To encourage juveniles to take advantage of educational opportunities, to reduce the incidents of daytime burglary, reduce losses to daytime juvenile crime, and in reducing juvenile truancy to develop a program for keeping juveniles out of the juvenile justice system. (Ord. 430 § 1, 1997)
9.17.020 Infractions, penalties, continuing violations.
It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. (Ord. 470, 2003; Ord. 430 § 1, 1997)
9.17.030 Daytime loitering by minors.
A. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to loiter, idle, wander, or be in or upon the public streets, highways, roads, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session. Loitering in alleys is prohibited at all times.
B. This section does not apply:
1. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or
2. When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having the care or custody of the minor; or
3. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or
4. To students who have permission to leave a school campus for lunch or school related activity or have in their possession a valid, school-issued, off-campus permit. (Ord. 430 § 1, 1997)
9.17.040 Minor curfew, loitering or wilful misconduct – Cost recovery.
A. Determination by the Court. When, based on a finding of civil liability or criminal conviction for violation of curfew, daytime loitering (truancy) or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under 18 years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by the Escalon police department employee(s), the parent(s) or legal guardian(s) having custody or control of such minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.
B. Determination by the Chief of Police. As determined by the chief of police or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of willful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Escalon police department may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.
C. Appeal. Any person receiving a bill for police services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding such 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 police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or full, all amounts due to the city shall be paid within 30 days after notice of the decision of the hearing officer. (Ord. 430 § 1, 1997)
9.17.050 Severability.
If any provision of this chapter or the application thereof is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstance shall not be affected thereby. (Ord. 430 § 1, 1997)