The council finds, determines and declares that this chapter
has been enacted based upon the following facts and purposes:
A.
School
absenteeism is a problem that plagues our schools and creates a burden
for all communities throughout the city.
B.
Students
who are absent from school without a valid excuse are denied an education.
C.
The
unexcused absences of students from school result in the loss of state
and federal funding to the detriment of all students.
D.
Unsupervised
students involve themselves in unsafe activities by loitering in residential
neighborhoods, business districts and malls.
E.
Unsupervised
students engage in criminal activity to the detriment of the community
such as residential burglaries, auto thefts, bicycle thefts, vandalism
and other visible signs of disorder.
F.
Unsupervised
students become a burden on police who must return them to school,
wait for parents to pick them up, and investigate any and all criminal
activity related to a student's absenteeism.
G.
The
city has a compelling interest in protecting the public from juveniles
committing crimes, increasing the exercise of parental responsibility
for the city's children, in reducing the opportunities for juvenile
crime, and in improving school attendance. Over the past five years
the city has experienced a direct correlation between school attendance
and daytime juvenile crime. When school attendance increases, daytime
juvenile crime decreases. Conversely, a drop in school attendance
correlates to an increase in juvenile crime during school hours.
H.
It is,
therefore, the intent of the city council in enacting this chapter
to prohibit any minor under the age of eighteen, who is subject to
compulsory education or compulsory continuation education, subject
to specific exceptions related herein, from loitering in or upon the
public streets, highways, roads, alleys, parks, playgrounds, or other
public grounds between the hours of seven-thirty a.m. and two-thirty
p.m. on days when the student's school is in session, subject to the
exceptions and terms of this chapter.
I.
It is
further the intent of the city council to provide appropriate criminal
sanctions against any minor or parent or guardian who violates the
ordinance codified in this chapter by making a violation of this chapter
an infraction.
J.
It is
the intent of the city council to allow minors under the age of eighteen
to move about freely while participating in legitimate activities,
and to pursue legitimate activities during the hours of seven-thirty
a.m. and two-thirty p.m. with the permission of his or her parent,
guardian, or other adult person having the lawful care and custody
of the minor.
(Ord. 2000-10 § 1)
A.
It is
unlawful for any minor under the age of eighteen years, who is subject
to compulsory education or to compulsory continuation education, alone
or in concert with others, to be in or upon the public streets, highways,
roads, alleys, parks, playgrounds, parking areas, or other public
grounds, public places or amusement and eating places, vacant lots
or other unsupervised places or any place open to the public, between
the hours of seven-thirty a.m. and two-thirty p.m. on days when the
minor's school is in session. This provision shall also apply to minors
whose enrollment status is that of suspension, expulsion, or transfers
in progress.
B.
It is
unlawful for a parent or guardian of a minor who is subject to the
penalties set forth in this chapter to knowingly permit or allow a
minor to be in violation of any of the provisions of this chapter.
(Ord. 2000-10 § 1)
Neither the minor nor the parents or guardians of the minor shall be liable under Section 9.16.020 if one or more of the following circumstances exist:
A.
The
minor is accompanied by his or her parent or legal guardian;
B.
The
minor is involved in an emergency;
C.
The
minor is going directly to or coming directly from the minor's place
of gainful employment with a valid school work permit;
D.
The
minor is going to or from a medical appointment for the minor or for
the minor's parent or guardian and can show proof of that appointment;
E.
The
minor is off campus for lunch and has in his/her possession a valid,
school-issued off campus permit; and has conformed to all the conditions
and restrictions of the lunch pass;
F.
The
minor is directly going to or from a school sponsored event or activity
such as a sporting event, field trip, or other such school activity;
G.
The
minor is emancipated pursuant to law;
H.
The
minor is authorized to be absent from his or her school pursuant to
the provisions of California Education Code Section 48205, or any
other applicable State or Federal law;
I.
The
minor is receiving instruction by a qualified tutor pursuant to California
Education Code Section 48224, or is receiving home or private school
instruction pursuant to California Education Code Section 48222.
(Ord. 2000-10 § 1)
Before taking any enforcement action under this section a police
officer shall ask the minor's age and reason for being in the public
place or other location covered under this section during the hours
of seven-thirty a.m. and two-thirty p.m. of the same day on days when
the minor's school is in session. The officer shall not issue a citation
or make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that, based on any responses
and other circumstances, no defense under this section is applicable.
(Ord. 2000-10 § 1)
Each violation of any of the provisions set forth herein shall
constitute a separate offense and shall be classified as an infraction.
(Ord. 2000-10 § 1)
Any minor violating any of the provisions of this chapter shall
be punished as follows:
A.
First-Offense
Infraction. The initial violation of this section shall be deemed
to be an infraction and upon a sustained finding thereon shall be
punished by a fine to be determined by the court not to exceed one
hundred dollars and/or any other penalty provided by Welfare and Institutions
Code Section 258.
B.
Second-Offense
Infraction. The second violation of this section within the same year
shall be deemed to be an infraction and upon a sustained finding thereof
shall be punished by a fine to be determined by the court not to exceed
one hundred fifty dollars and/or any other penalty provided by Welfare
and Institutions Code Section 258.
C.
Thirdor
Subsequent-Offense Infraction. The third or subsequent violation of
this section occurring within the same year shall be deemed to be
an infraction and upon a sustained finding thereof shall be punished
by a fine to be determined by the court not to exceed two hundred
fifty dollars and/or any other penalty provided by Welfare and Institutions
Code Section 258.
D.
The
court may set aside the penalties set forth herein if the minor produces
proof satisfactory to the court that the following has occurred:
1.
The
minor has had no unexcused absences from school from the date of citation;
and
2.
The
minor has performed twenty hours of court-approved community service
during times other than the minor's hours of school attendance; and
3.
The
minor's parent or guardian has attended a parenting class or a series
of parenting classes approved by the court; and
4.
The
minor and parent or guardian have attended counseling as directed
and approved by the court.
(Ord. 2000-10 § 1)
A minor cited for a violation of this chapter must attend a
court hearing on the violation and must be accompanied at the hearing
by his/her parent or guardian. If any such parent or guardian fails
to attend the hearing with the minor, and unless the interests of
justice would otherwise be served, the court shall continue the hearing
and shall issue a citation to the parental or custodial person directing
that person to appear at the continued hearing with the minor (pursuant
to Welfare and Institutions Code Section 661).
(Ord. 2000-10 § 1)
The punishment for each violation of this chapter shall be as
follows:
A.
First-Offense
Infraction. The initial violation of this chapter shall be deemed
to be an infraction and upon conviction thereof shall be punished
by a fine to be determined by the court not to exceed one hundred
dollars.
B.
Second-Offense
Infraction. The second violation of this chapter occurring within
the same year shall be deemed to be an infraction and upon conviction
thereof shall be punished by a fine to be determined by the court
not to exceed one hundred fifty dollars.
C.
Thirdor
Subsequent-Offense Infraction. The third or subsequent violation of
this chapter occurring within the same year shall be deemed to be
an infraction and upon conviction thereof shall be punished by a fine
to be determined by the court not to exceed two hundred fifty dollars.
D.
The
court may set aside the penalties set forth herein if the parent or
guardian produces proof satisfactory to the court that the following
has occurred:
1.
The
minor has had no unexcused absences from the school from the date
of citation; and
2.
The
parent or guardian has performed twenty hours of court-approved community
service; and
3.
The
parent or guardian has attended a parenting class or a series of parenting
classes approved by the court; and
4.
The
minor and parent or guardian have attended counseling as directed
and approved by the court.
(Ord. 2000-10 § 1)
For the purposes of this chapter, the following words shall
be defined as follows:
means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to the following: a fire, a natural disaster, an automobile
accident, or any situation requiring immediate action to prevent serious
bodily injury, hardship or loss of life.
means:
means any person between the ages of six and eighteen years
of age.
means any person who is a natural parent, adopting parent,
or stepparent of a minor.
means any place to which the public or a substantial group
of the public has access including, but not limited to, streets, highways,
beaches, parks, playgrounds, and common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, theaters,
game rooms, shops, shopping malls, or any other public place of business.
means a way or place, of whatever nature, open to the use
of the public as a matter of right for the purpose of vehicular travel
or in the case of a sidewalk thereof for pedestrian travel. The term
"street" includes the legal right-of-way, including but not limited
to the traffic lanes, curbs, sidewalk, whether paved or unpaved, and
any grass plots or other grounds found within the legal right-of-way
of a street. The term "street" applies irrespective of what the legal
right-of-way is formally named or called, whether alley, avenue, court,
road or otherwise.
(Ord. 2000-10 § 1)
