It is unlawful for any minor to be in or upon any public building, place of amusement, eating establishment, abandoned or vacant building or structure, or any vacant lot or any public place as defined in Section 8.46.050 of this chapter between the hours of ten p.m. and sunrise immediately following. This section shall not apply when:
A. 
The minor is accompanied by his or her parent or guardian; or
B. 
The minor is on an emergency errand directed by his or her parent or guardian; or
C. 
The minor is traveling to or from his or her place of gainful employment or to or from a medical appointment and can show proof of such employment or appointment; or
D. 
The minor is returning directly home from a meeting, entertainment, recreational or school activity or dance, and has the written approval of his or her parent or guardian; or
E. 
During such time as the minor is exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly; or
F. 
When the minor is emancipated pursuant to the laws of any state; or
G. 
When the minor is in a motor vehicle involved in interstate or intrastate travel with a parent's or guardian's written permission; or
H. 
When the minor is homeless.
(Ord. 1343 § 3, 1996; Ord. 1360 § 1, 1997)
It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be in or upon any public building, place of amusement, eating establishment, abandoned or vacant building or structure, any vacant lot or any public place as defined in Section 8.46.050 of this chapter, between the hours of eight a.m. and two-thirty p.m. on those days when such minor's school is in session, or, if those hours are not applicable to the minor, then on those days and during those hours of schooling applicable to such minor. The minor shall have the burden of establishing his or her school days and hours. This section shall also apply to minors whose enrollment status is that of suspension, expulsion or transfers in progress.
This Section 8.46.020 shall not apply when:
A. 
The minor is accompanied by his or her parent or legal guardian; or
B. 
The minor is on an errand directed by his or her parent or legal guardian; or
C. 
The minor is going to or from his or her place of gainful employment with a valid school work permit; or
D. 
The minor is traveling directly to or from a medical appointment; or
E. 
The minor has permission to leave campus for the lunch period and has in his or her possession a valid and current lunch pass and has conformed with the conditions and restrictions of the lunch pass; or
F. 
The minor is going directly to or from an event or activity sponsored, sanctioned or arranged by his or her school; or
G. 
The minor has permission to leave his or her school and has in possession a valid, school-issued, off-campus permit; or
H. 
The minor is receiving home or private school instruction pursuant to California Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or is otherwise exempt by law from compulsory education or continuation education; or
I. 
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.
(Ord. 1343 § 3, 1996; Ord. 1360 § 1, 1997; Ord. 1386 § 1, 1999)
It is unlawful for a parent or guardian of a minor subject to the prohibitions set forth in Sections 8.46.010 or 8.46.020 herein to knowingly permit or allow a minor to be in violation of any part of said sections.
(Ord. 1343 § 3, 1996)
"Emergency"
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 or loss of life.
"Guardian"
means:
1. 
A person who, under court order, is the guardian of the person of a minor; or
2. 
An authorized representative of a public or private agency with whom the minor has been placed by court order; or
3. 
A person at least eighteen years of age exercising care and custody of the minor and having written authorization to so do.
"Minor"
means any person between the ages of six and eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent, or 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, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, stores, shops, shopping malls, or any other public place of business.
"Street"
means anyway 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. 1343 § 3, 1996)
Notwithstanding any other provision of this code, the violation by a minor of any of the provisions of this chapter shall be punishable as follows:
A. 
First Offense. A first violation of this chapter occurring within a year shall be deemed to be an infraction and upon a sustained finding thereon shall be punished by a fine not to exceed one hundred dollars and/or any other penalty provided by Welfare and Institutions Code Section 258.
B. 
Second Offense. A second violation of this chapter occurring within a year shall be deemed to be an infraction and upon a sustained finding thereof shall be punished by a fine not to exceed two hundred dollars and/or any other penalty provided by Welfare and Institutions Code Section 258.
C. 
Third or Subsequent Offense. A third or subsequent violation of this chapter occurring within a year shall be deemed to be an infraction and upon a sustained finding thereof shall be punished by a fine 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 have occurred:
1. 
The minor has had no unexcused absences from school since the date of the 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. 1343 § 3, 1996)
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 said parent or guardian directing that person to appear at the continued hearing with the minor pursuant to Welfare and Institutions Code Section 661, or any successor provision thereto.
(Ord. 1343 § 3, 1996)
The violation by a parent or guardian of any of the provisions of this chapter shall be punishable as follows:
A. 
First Offense. A first violation of this chapter occurring within a year shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars.
B. 
Second Offense. The second violation of this chapter occurring within a year shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine not to exceed two hundred dollars.
C. 
Third or Subsequent Offense. The third or subsequent violation of this chapter occurring within a year shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars.
D. 
The court may set aside the penalties prescribed herein if the parent or guardian produces proof satisfactory to the court that the following have occurred:
1. 
The minor has had no unexcused absences from the school since 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. 1343 § 3, 1996)