3-11
LOITERING AND TRUANCY PROHIBITION
3-11.1 Juvenile Nighttime Curfew:
a. Unlawful: Except as set out in subsection 3-11.1b of this section, it is unlawful for any minor under the age of eighteen (18) to remain in any public place or establishment within the city between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M.
b. Exceptions: The provisions of subsection 3-11.1a of this section do not apply when:
1. The minor is accompanied by his/her parent(s), legal guardian, or by his/her spouse who is eighteen (18) years of age or older;
2. The minor is involved in an emergency;
3. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults;
4. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop;
5. The minor is in a motor vehicle involved in interstate travel;
6. The minor is exercising his/her first amendment rights, such as freedom of speech, right of assembly or free exercise of religion;
7. The minor is an “emancipated minor” as that term is defined in Family Code 7002.
c. Definitions: The definitions set forth in subsection 3-11.2c of this section are applicable to the words and terms used in this subsection 3-11.1. (Ord. #1486, §1; Ord. #1620, §2)
3-11.2 Juvenile Curfew During School Hours:
a. Unlawful: Except as set out in subsection 3-11.2b of this section, it is unlawful for any minor under the age of eighteen (18) who is subject to compulsory education or the compulsory continuation education requirements to remain in any public place or establishment within the city between the hours of eight thirty o’clock (8:30) A.M. and one thirty o’clock (1:30) P.M. or other hours as designated by the respective school district or school on days when school is in session.
b. Exceptions: The provisions of subsection 3-11.2a of this section do not apply when:
1. The minor is accompanied by his/her parent(s), legal guardian, or by his/her spouse eighteen (18) years of age or older;
2. The minor’s parent(s) or legal guardian has given minor permission to remain in a public place or establishment during curfew hours;
3. The minor is involved in an emergency;
4. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults;
5. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop;
6. The minor is in a motor vehicle involved in interstate travel;
7. The minor is exercising his/her first amendment rights, such as freedom of speech, right of assembly or free exercise of religion;
8. The minor is an “emancipated minor” as that term is defined in Family Code 7002.
c. Definitions:
1. Emergency means one or more unforeseen circumstances or resulting state requiring immediate action, such as fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property.
2. Establishment means any privately owned place of business to which the public is invited including, but not limited to, places of amusement or entertainment.
3. Guardian means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.
4. Minor means any person under eighteen (18) years of age.
5. Parent means a person who is a natural or adoptive or stepparent or someone at least eighteen (18) years old authorized by a parent or guardian to have care, custody or control of the minor.
6. 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, highways and the common areas of school, apartment houses, office buildings, transport facilities and shops. (Ord. #1486, §1; Ord. #1620, §2)
3-11.3 Violations And Penalties:
a. Violations And Notice To Appear: Notwithstanding any other provisions of this code, when a person under the age of eighteen (18) years is charged with a violation of any provision of subsection 3-11.1 or 3-11.2 of this section and a peace officer issues a notice to appear in superior court to that minor in accordance with Welfare and Institutions Code section 256, the charge is deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code.
b. Penalties For Violation: Any person convicted of wilfully violating any provision of subsection 3-11.1 or 3-11.2 of this section is guilty of an infraction and is punishable as provided for in section 1-5 of this code.
c. Parental Responsibility: Any person, legal guardian, or other adult person having the care and custody of a minor who knowingly permits that minor to violate any provisions of subsection 3-11.1 or 3-11.2 of this section is guilty of a misdemeanor and is punishable as provided for in section 1-5 of this code. (Ord. #1486, §1)
3-11.4 Duty Of Parent Or Guardian:
Every parent, guardian or other adult person having legal care, custody or control of any minor under the age of eighteen (18) years who knowingly aids, abets or encourages such minor described in subsection 3-11.1 or 3-11.2 of this section to violate the provisions of those subsections is guilty of a misdemeanor. A violation of this subsection shall also be considered a violation of Penal Code 272, punishable as provided by state law. (Ord. #1620, §3)
3-11.5 Minor Curfew, Loitering Or Wilful Misconduct; Cost Recovery Authorization:
Pursuant to the provisions of the Welfare and Institutions Code, the city council may adopt, by resolution, a procedure to recoup the law enforcement and other administrative costs of identifying, detaining and transporting minors who violate curfew or truancy provisions of this code to their places of residence and to recover those costs from the parent(s) or legal guardian(s) and from the minor(s) involved. (Ord. #1620, §3)
3-11.6 Prohibited; Penalty:
a. In addition to the prohibitions set forth at section 3-5 of this chapter, it is unlawful for any person to loiter or to stand or sit in or upon any street, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same.
b. It is unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct such entrance.
c. Except when prohibited by section 653b of the Penal Code, or by any other state statute, every person who loiters about any school or public place at or near which schoolchildren attend is guilty of a misdemeanor. (Ord. #1620, §3)