Chapter 5-17
YOUTH PROTECTION
Sections:
Article 1. General Provisions
5-17-120 Daytime and nighttime youth protection regulations.
Article 1. General Provisions
5-17-100 Purpose and intent.
(A) The City has a compelling interest in reducing the rate of juvenile crime and victimization. Minors are particularly vulnerable to violence and to the pressure to participate in criminal activity due to their limited ability to make critical decisions in an informed and mature manner. Enactment and enforcement of a daytime and nighttime juvenile curfew reduces the amount of juvenile crime and victimization.
(B) In addition to reducing the rate of juvenile crime and victimization, a daytime curfew also serves to promote the City’s compelling interest in prohibiting daytime presence in public places by those subject to compulsory education. State law requires all persons between the ages of six (6) and eighteen (18) to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the City.
(C) The community as a whole suffers when a minor student is not attending school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places. Frequently, persons going about their lawful business as well as public property become targets of the delinquent behavior of truants when they should be in school.
(D) This Chapter is intended to assist with the policing of public places in the City during specified daytime and nighttime hours, and the prevention of crimes by and against minors during those hours. It is not intended to interfere with or supersede the enforcement of State laws regulating education or truancy or with local school district’s truancy programs. Rather, this Chapter is intended to provide the City with an additional proactive intervention tool to protect youth and prevent crime.
5-17-110 Definitions.
For the purposes of this Chapter the following words and phrases shall have the meanings ascribed to them by this Section:
“Daytime curfew hours” means the period of the minor’s regular scheduled school hours when the minor’s school is in session.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. “Emergency” includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent or protect against serious bodily injury, loss of life, or loss of property.
“Errand” means a trip to carry a message or do a definite lawful thing.
“Guardian” means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court; or (3) a person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
“Home” means the minor’s legal residence or other place where the minor is permitted by the parent or guardian to be.
“Minor” means any person under eighteen (18) years of age.
Nighttime Curfew Hours. On Sunday through Thursday nights, “nighttime curfew hours” shall be defined as the hours between 10:00 p.m. in the evening until 5:00 a.m. the following day. On Friday and Saturday nights, “nighttime curfew hours” shall be defined as the hours between 11:00 p.m. in the evening until 5:00 a.m. the following day.
“Parent” means a person who is a natural parent, adoptive parent, or a step-parent of a minor.
“Public place” means any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, alleys, trails, sidewalks, parks, recreational areas, public grounds or buildings, vacant lots or buildings, common areas of a school (except during regular school hours), office buildings, transport facilities, restaurants, retail establishments, places of amusement, parking lots, or other unsupervised places.
“Responsible adult” means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
5-17-120 Daytime and nighttime youth protection regulations.
Except as provided in SJBMC 5-17-130:
(A) Nighttime Curfew. Every minor who is present in, about, or upon any public place during nighttime curfew hours is guilty of a violation of this Section.
(B) Daytime Curfew. Every minor who is subject to compulsory education or to compulsory continuation education who is not in possession of a valid, school issued, off-campus permit giving permission to leave campus or not receiving instruction by a qualified tutor pursuant to Education Code Section 48224 or not otherwise exempt from attendance at a public or private full-time day school as set forth in the California Education Code, who is present in, about, or on any public place during the daytime curfew hours is guilty of a violation of this Section.
(C) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place during daytime curfew hours or nighttime curfew hours.
(D) Each violation of this Section shall constitute a separate offense.
5-17-130 Exceptions.
The provisions of SJBMC 5-17-120 shall not apply when:
(A) The minor is going directly to or coming directly home from a public meeting, or a place of public entertainment, such as a movie, play, or sporting event, without any detour or stop. This exception shall apply to nighttime curfew hours only;
(B) The minor is exercising his/her First Amendment rights protected by the United States or California Constitutions, or is going directly to or coming directly home from, without any detour or stop, the exercising of those First Amendment rights. This exception shall apply to nighttime curfew hours only;
(C) The minor is authorized to be absent from his or her school pursuant to applicable school rules, or under the provisions of the California Educational Code or any applicable State or Federal law. This exception shall apply to daytime curfew hours only;
(D) The minor is receiving home or private school instruction pursuant to California Education Code Section 48222. This exception shall apply to daytime curfew hours only;
(E) The minor is engaged in any employment activity for which the minor is authorized to participate in, or is going directly to or coming directly home from such employment activity, without any detour or stop;
(F) The minor is accompanied by his or her parent or guardian, or by a responsible adult;
(G) The minor is engaged in an errand directed by his or her parent or guardian or by a responsible adult;
(H) The minor is attending an official school, religious or other cultural, educational or recreational activity supervised by adults and sponsored by a local government agency, a civic organization, or another similar entity or organization that takes responsibility for the minor; and/or is going directly to and coming directly home from such religious, cultural, educational or recreational activity without any detour or stop;
(I) The minor is responding to or acting pursuant to an emergency;
(J) The minor is in a motor vehicle involved in interstate travel;
(K) The minor is married, an active member of the United States Military, or has been emancipated pursuant to law;
(L) The minor is going to or coming directly home from, without any detours or stops, a school-approved or school related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority;
(M) The minor is going directly to or coming directly home from an event or activity that is directly related to any medical condition of a parent, guardian, or spouse, without any detours or stops; or
(N) The minor is traveling from an activity listed in this Section to another activity listed in this Section, without any detour or stop.
5-17-140 Enforcement.
A law enforcement officer, upon reasonable cause or suspicion based on articulable facts that an individual is in violation of the youth protection regulations, may detain that individual, ascertain whether the individual is a minor, and if so, determine if the minor has a legitimate reason based on the exceptions detailed in SJBMC 5-17-130 for being in apparent violation of the youth protection regulations set forth in this Chapter.
5-17-150 Penalties.
(A) Penalties for Minors.
(1) Upon the first violation of SJBMC 5-17-120, the law enforcement officer may issue a citation to the minor. Upon the issuance of the first citation, the law enforcement agency, acting through its designated representative, shall mail to the parent(s) or legal guardian(s) of the minor a notification that the minor has been found in violation of the youth protection regulations, and that any subsequent violation of SJBMC 5-17-120 may result in the parent(s) or legal guardian(s) being held liable for actual administrative and transportation costs. This notice shall require the parent(s) or legal guardian(s) to sign and return the notification and, if appropriate, to explain in writing on space provided on the notification, any circumstances relevant to any applicable exception from SJBMC 5-17-120 as well as any circumstances relevant to an applicable exception from the fee as provided by subdivision (e) of Welfare and Institutions Code Section 625.5. This notice shall also state that any subsequent violation may result in the issuance of an infraction citation to the minor and/or the parent(s) or legal guardian(s).
(2) Upon any subsequent violation of SJBMC 5-17-120, a minor may be charged with an infraction, a conviction of which shall be punished as allowed by law, including applicable juvenile court law and procedure.
(B) Penalties for Adults. Upon a violation of SJBMC 5-17-120(C), the parent(s) or guardian(s) of the minor may be charged with an infraction, a conviction of which (notwithstanding the provisions of SJBMC 13-1-100) shall be punished by:
(1) A fine not exceeding one hundred dollars ($100.00) for the first infraction violation; or
(2) A fine not exceeding two hundred dollars ($200.00) for the second infraction violation within the same twelve (12) month period; or
(3) A fine not exceeding five hundred dollars ($500.00) for the third, or each subsequent, infraction violation within the same twelve (12) month period.
(C) Additional Provisions.
(1) This Section shall not be construed to abridge the authority of a law enforcement officer to assume temporary custody, during school hours, of any minor subject to compulsory full time education or compulsory continuing education found away from his or her home and who is absent from the school without a valid excuse, and to return such minor to his/her school of registration, pursuant to California Education Code Sections 48264 and 48265, nor construed to abridge the authority of a law enforcement officer to otherwise detain or take into custody a minor as otherwise allowed by law. This Section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a), or any other provision of the Juvenile Court Law.
(2) Upon the adoption of a resolution authorized by Section 625.5 of the California Welfare and Institutions Code, the City may charge a fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parent(s) or legal guardian(s). This fee may be charged jointly or severally to the minor, his or her parent(s), or legal guardian(s), in an amount not to exceed those actual costs. Upon petition of the person required to pay the fee, the City, acting through the City Manager, or his/her designee, shall conduct a hearing as to the validity of the fees charged, and may waive payment of the fee by the minor, his or her parent(s), or legal guardian(s), upon a finding of good cause. The City may (a) provide for waiver of the payment of the fee by the parent(s) or legal guardian(s) upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor, (b) provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the minor nor the parent(s) or legal guardian(s) have the ability to pay the fee, (c) provide for the performance of community service in lieu of imposition of the fee, and (d) provide for waiver of the payment of the fee by the parent(s) or legal guardian(s) upon a determination that the parent(s) or legal guardian(s) have limited physical or legal custody and control of the minor.
Legislative History: Ord. 2012-04 (6/19/12).