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.
"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)
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)