The purpose of this chapter is to reduce the incidence of juvenile truancy that plagues our schools and creates a burden upon the health, safety and welfare of the community. Unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts or industrial centers. Some unsupervised students may engage in criminal activity to the detriment of the community. Further, some unsupervised students may become a burden on law enforcement who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the students' truancies. As a result, therefore, the City Council of the City of Imperial Beach finds and determines that a special need exists for the adoption of a City ordinance to prohibit daytime loitering of any juvenile under the age of 18, who is subject to compulsory continuation education, with certain specific exceptions set forth in this chapter. Further, it is the intent of the City Council to provide appropriate criminal sanctions against any juvenile or parent who violates the provisions of this chapter.
(Ord. 2004-1016 § 1)
As used in this chapter:
"Adult"
means any person 18 years of age or older.
"Curfew hours"
means the hours between 8:30 a.m. and 1:30 p.m.
"Emergency"
means an unforeseen combination of circumstances or the resulting state that call for immediate action. "Emergency" includes, but is not limited to, fire, natural disaster, automobile accident or requirement for immediate medical care for another person.
"Establishment"
means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Juvenile"
means any person under 18 years of age.
"Parent"
means a person who is the natural or adoptive parent of a person. "Parent" includes a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of the person.
"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: public rights-of-way; public grounds; dedicated open or trail space; streets; highways; and the common areas of schools, hospitals, office buildings, vacant lots, apartment houses and housing complexes; parking lots; transport facilities; shopping centers; and any other unsupervised place.
(Ord. 2004-1016 § 1)
A. 
It is unlawful for any juvenile who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon public rights-of-way; public grounds; dedicated open or trail space; streets; highways; and the common areas of schools, hospitals, office buildings, vacant lots, apartment houses and housing complexes; parking lots; transport facilities; shopping centers; and any other unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for that juvenile.
B. 
It is a defense to prosecution under subsection A of this section:
1. 
When the juvenile is accompanied by his or her parent or other adult having the care or custody of the juvenile;
2. 
When the juvenile is on an emergency errand directed by his or her parent or other adult having care or custody of the juvenile;
3. 
When the juvenile is going to, or coming directly from, his or her place of school-approved employment;
4. 
When the juvenile is going to, or coming directly from, a medical appointment;
5. 
When the juvenile has permission to leave the school campus for lunch and has in his or her possession a valid, school-issued, off-campus permit;
6. 
When the juvenile is going to or coming from a compulsory alternative education program activity;
7. 
When the juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults;
8. 
When the juvenile is attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent;
9. 
When the juvenile is officially enrolled in home schooling; or
10. 
When the juvenile has passed a general educational development test and received a California high school equivalency certificate.
C. 
It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of subsection A of this section.
(Ord. 2004-1016 § 1)
A. 
Upon any violation of Section 9.64.030(A) of this chapter, a peace officer may issue a citation to the juvenile and may detain the juvenile until he or she can be placed in the care and custody of his or her parent or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parents shall be advised of the fact that the juvenile was cited for a violation of Section 9.64.030(A) of this chapter. The parents shall be warned of their responsibility and liability as the juvenile's parents.
B. 
If a parent has been previously warned as set forth in subsection A of this section, upon a parent's first violation of Section 9.64.030(C) of this chapter, a peace officer may issue a citation for an infraction to the parent to appear in court.
C. 
When a parent has previously been issued a citation for an infraction, upon any subsequent violation by a parent of Section 9.64.030(C) of this chapter, a peace officer may issue a citation for a misdemeanor to the parents of the juvenile to appear in court.
(Ord. 2004-1016 § 1)
A. 
Each violation of this chapter constitutes a separate offense.
B. 
Any person convicted of an infraction for violation of this chapter may be punished by a fine not exceeding $250.00, or by a requirement to perform City or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, during times other than a juvenile's hours of school attendance, or a juvenile or parent's hours of employment.
C. 
Any parent convicted of a misdemeanor violation of Section 9.64.030(C) of this chapter may be punished by impris-onment in the County Jail for a period of time not exceeding six months, or by a fine not exceeding $1,000.00, or by both.
(Ord. 2004-1016 § 1)
If any section, sentence, clause or phrase of this chapter is held invalid or unconstitutional for any reason by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 2004-1016 § 1)