Chapter 7.19
MINORS—DAYTIME LOITERING
Sections:
7.19.020 Offenses of minor—Infraction.
7.19.030 Minor curfew, loitering or wilful misconduct—Cost recovery.
7.19.040 Parental responsibility for acts of truancy of minors—Purpose.
7.19.060 Daytime curfew restrictions for minors.
7.19.070 Parental responsibility.
7.19.080 Penalty for violations.
7.19.010 Loitering by minors.
It is unlawful for any minor under eighteen years of age, who is subject to compulsory education or to compulsory continuation education, to loiter, idle, wander, or be in or upon any public street, avenue, highway, road, curb area, alley, park, playground or other public ground, public building, place of amusement or eating place, vacant lot or unsupervised place during normal school hours on days when school is in session.
This section shall not apply under the following circumstances:
a. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or
b. When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having care or custody of the minor; or
c. When the minor is going or coming directly from (1) their place of gainful employment or (2) a medical appointment; or
d. When minor is a student who has permission from parent, guardian, or other adult person having care or custody of the minor to leave school campus for lunch or school related activity. Student shall have in their possession a valid off-campus permit issued by the school; or
e. When minor is a student who is off-track or on break from a year-round school.
(Ord. 2278 § 1, 1-11-11: Ord. 1994 § 1 (part), 11-28-95)
7.19.020 Offenses of minor—Infraction.
When a person under eighteen years of age is charged with a violation of this code and a peace officer issues a notice to appear in superior court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.
(Ord. 1994 § 1 (part), 11-28-95)
7.19.030 Minor curfew, loitering or wilful misconduct—Cost recovery.
a. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, pursuant to Welfare and Institutions Code Section 625.5, daytime loitering (truancy), or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen years of age is detained for a period of time in excess of one hour, and the detention required the supervision of the juvenile offender by South Gate police department employee(s), the parent(s) or legal guardian(s) having custody or control of the minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by the department.
b. Determination by 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 wilful 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 South Gate police department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by the department.
c. Appeal. Any person receiving a bill for police services pursuant to this chapter may, within fifteen 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 such billing shall be heard by the city manager, or a designee, as the hearing officer. Within ten 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 police 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 thirty days after notice of the decision of the hearing officer.
(Ord. 1994 § 1 (part), 11-28-95)
7.19.040 Parental responsibility for acts of truancy of minors—Purpose.
The purpose of this chapter is to encourage parental control over, and to make parents legally responsible for, the truant behavior of their children in the interest of the public health, safety and general welfare. The city council finds that there has been an increase in juvenile violence and criminal activity as a result of truant behavior, which results in the failure of truant students to develop the skills necessary to succeed in school and in the workplace, and in the loss of millions of dollars in school funds. The city has an obligation to provide for the protection of the community and to make parents legally responsible over minor children, and ensure parents comply and enforce school attendance rules and regulations.
(Ord. 2200 § 1 (part), 8-23-05)
7.19.050 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Daytime curfew hours” mean from eight-thirty a.m. until one thirty p.m. on days when school is in session.
“Emergency” means any unforeseen occurrence or set of unforeseen circumstances which demand immediate action.
“Guardian” means: (a) a person who, under court order, is guardian of the person of a minor; (b) a public or private agency with whom a minor has been placed by a court of law; or (c) a person at least eighteen years of age and authorized by a parent to have the care and custody of a minor.
“Loiter” means to delay an activity with aimless idle stops and pauses or to remain in an area for no obvious reason.
“Parent” means a person who is: (a) a natural parent, adoptive parent, or step-parent of a minor; or (b) at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
“Wilful misconduct” means deliberate violation of a law or standard.
(Ord. 2200 § 1 (part), 8-23-05)
7.19.060 Daytime curfew restrictions for minors.
It is unlawful for any minor to be present in any establishment or public place within the city during daytime curfew hours, except for those circumstances provided in Section 7.19.010 of this chapter.
(Ord. 2200 § 1 (part), 8-23-05)
7.19.070 Parental responsibility.
Parents shall be legally responsible for the truant behavior of their minor children. It is unlawful for any parent or guardian of a minor to allow the minor to remain in any establishment or public place within the city during daytime curfew hours.
(Ord. 2200 § 1 (part), 8-23-05)
7.19.080 Penalty for violations.
A police officer shall ask the alleged offender’s age and reason for being in a public place or establishment during daytime curfew hours. The police officer shall have the authority to write a citation and to contact the minor’s school in order to inform parents of their child’s behavior. Parents shall be legally responsible for the minor, meaning there will be legal consequences, which may include penalties of mandatory parenting classes, probation for contributing to the delinquency of a minor and infraction charges can be filed. Parents or guardians who fail to meet this obligation may be found guilty of an infraction and subject to prosecution pursuant to Sections 48260.5 and 48290 of the Education Code.
(Ord. 2200 § 1 (part), 8-23-05)