The city council of the city of Moreno Valley finds, determines and declares that this chapter has been enacted based upon the following facts and beliefs:
A. 
Juveniles who are subject to compulsory education laws, who do not attend school during school hours, without a lawful excuse, frequently congregate and loiter in public parks and other public places and in and around businesses, involving themselves in unsafe activities, discouraging patronage of such places by parents with small children and legitimate business customers, and frequently engage in criminal or delinquent behavior.
B. 
Unsupervised juveniles 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.
C. 
The city of Moreno Valley has compelling interest in protecting the public from juveniles committing crimes, increasing the exercise of parental responsibility for the city's juvenile residents, reducing the opportunities for juvenile crime, and improving school attendance, and ultimately reducing crime and poverty later in life for affected juveniles.
D. 
The unexcused absences of students from school to engage in loitering and criminal behavior precludes educational growth for such juveniles, hindering their chances for success later in life and also resulting in the loss of state and federal funding for schools to the detriment of all students.
It is, therefore, the intent of the city council in enacting this chapter to prohibit any juvenile as defined in this chapter, who is subject to compulsory education, from being in or upon public grounds during the period of the day when the juvenile is required to be in school, subject to the terms and exceptions of this chapter.
In addition, it is the intent of the city council to provide appropriate criminal sanctions against any juvenile who violates this chapter, and against the adult(s) responsible for any such juvenile, by making a violation of this chapter an infraction for a first and second offense, and a misdemeanor for subsequent offenses. Finally, it is also the intent of the city council to allow juveniles to move about freely while participating in legitimate activities during the day with the permission of his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile.
(Ord. 709 § 1, 2006)
"At the direction"
means specifically permitting or directing either verbally or in writing.
"Daytime curfew hours"
means the period of the day when the school which the minor would normally attend is in session, on days when the school the minor would normally attend is in session.
"Emergency"
means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment"
means any privately owned place of business, whether or not operated for a profit, to which the public is invited, including but not limited to, any retail business, and/or place of amusement or entertainment.
"Guardian"
means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with which the court has placed a minor.
"Parent"
means a person who is a natural parent, adoptive parent, or stepparent of another 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, streets, highways, parks and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities and shops.
"Responsible adult"
means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Ord. 709 § 1, 2006)
It is unlawful for any minor who is subject to compulsory education to be present, alone or in concert with others, in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating establishments, vacant lots or any place open to the public during daytime curfew hours, on days when such minor's school is in session.
It is unlawful for any parent, guardian or responsible adult of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
It is likewise unlawful for any person to cause, permit, aid, abet or conceal any violation of this chapter.
(Ord. 709 § 1, 2006)
It is not a violation of this chapter if any of the following apply:
A. 
The minor is accompanied by his or her parent, guardian or responsible adult;
B. 
The minor is on an errand as directed by his or her parent or guardian or other adult person having the care and custody of the minor;
C. 
The minor is lawfully employed and is going to or coming from or to his or her lawful place of gainful employment;
D. 
The minor is going or coming to or from a medical appointment for the minor or a member of the minor's immediate family;
E. 
The minor has proof of permission to leave the school campus for lunch or any other activity and has in his or her possession a valid, school-issued, off-campus permit;
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 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;
H. 
The minor is lawfully receiving instruction by a qualified tutor or is receiving home or private school instruction;
I. 
The minor is lawfully involved in an emergency;
J. 
The minor is emancipated pursuant to law, and otherwise exempt from school attendance;
K. 
The minor is exercising First Amendment rights protected by the United States Constitution;
L. 
The minor is engaged in interstate travel with the permission of a parent or guardian.
(Ord. 709 § 1, 2006)
A. 
Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall also take reasonable actions to verify that the juvenile is enrolled in school and is absent without excuse or permission during a time when the juvenile is required to be in attendance at school. 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 no defense is present or applicable.
B. 
Each violation of the provisions of this section shall constitute a separate offense.
C. 
A law enforcement officer may issue a citation to any juvenile found to be in violation of this chapter and may detain any juvenile until the juvenile can be placed in the care and custody of a parent, guardian or the juvenile's school. If cited, the juvenile and his or her parent or guardian shall appear in court as directed by the citation.
(Ord. 709 § 1, 2006)
Any violation of this chapter shall be an infraction subject to the fines set forth in Section 1.01.230 of this code, except as specifically set forth in this chapter. Any juvenile who violates any provision of this chapter shall be dealt with in accordance with state law and the procedures governing the prosecution of minors who are charged with infractions.
Any adult convicted of violating this chapter as a third or subsequent offense may be found guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed $1,000, or by imprisonment for a period of not more than six months or by both fine and imprisonment.
Notwithstanding any other provisions of this code, when a person under the age of 18 years is charged with a violation of this chapter, and a peace officer issues a notice to appear in Superior Court, Traffic Division, to that minor pursuant to California Welfare and Institutions Code Section 256, 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.
Alternatively, at the prosecutorial discretion of the city attorney, any violation of this chapter may be prosecuted through the city's civil citation and administrative hearing process as set forth in Chapter 1.10 of this code. The civil penalties imposed in such an administrative proceeding shall be equivalent to the amount of the fines set forth in this chapter for an infraction. An additional alternative system of hearing and resolution, including but not limited to a youth court, may be used upon consent of both the city attorney and the parents or guardians of the charged juvenile. In lieu of a fine or civil penalty, a person found to be in violation of this chapter may be required to perform city and/or school-approved work projects or community service or both. If required to perform a project, the minimum required time for performance shall not exceed 10 hours for first offenses, 20 hours for second offenses and 50 hours for third offenses and subsequent offenses. Such projects shall be completed over a period not to exceed 60 days for first and second offenses, and 120 days for third and subsequent offenses. Juveniles shall be credited with work done on such projects only during times other than his or her hours of school attendance.
(Ord. 709 § 1, 2006)
This chapter shall be construed and applied to promote its basic purposes and policies, which are to provide for a procedure to charge the parent or guardian for the cost of providing police and related services to apprehend and temporarily detain juveniles in violation of this chapter.
The city council finds and determines that under California Education Code Section 48264, a peace officer may arrest or assume temporary custody during school hours of any minor subject to compulsory full-time or continuation education found away from home and who is absent from school without valid excuse within the city. Such level of police and related services can exceed the capabilities of the normal and usual police and station staff and can necessitate the expenditure of large sums for overtime and other pay to city personnel.
Additionally, such services drain the manpower and resources of the police department and can leave certain areas of the city with inadequate levels of police protection so as to create a significant hazard to the safety of citizens and police officers. This chapter is intended to provide a means for transferring the cost of providing such service from the general taxpayers to the parents or guardians of the violating juvenile.
(Ord. 709 § 1, 2006)
A. 
In addition to any fine or civil penalty imposed by the court or through the administrative hearing process, the parents or guardian of the violating juvenile shall be liable for the police services fee to defray the reasonable cost of providing the police services.
B. 
The police services fee shall not exceed $65 for any single incident. The fee shall be computed on the basis of actual cost to the city of the police activity, transportation, detention, feeding and processing of the juvenile.
C. 
The amount of such fee shall be a debt to the city of the parents or guardian responsible for the juvenile. Any person owing money shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorneys' fees. This fee is civil in nature and shall not be construed to be a criminal penalty or fine.
(Ord. 709 § 1, 2006)
The chief of police or his/her designee shall notify the finance department in writing of the name and address of the parent or guardian responsible for the juvenile, the date and time of the incident, the services performed and such other information as may be required. The finance department shall thereafter cause appropriate billings to be made. It shall be within the discretion of the finance department to assign such fees to an agency or agencies for the purpose of collection if such action shall appear to be less costly than use of city personnel for such purpose.
(Ord. 709 § 1, 2006)
A fee imposed pursuant to Section 11.05.080 of this chapter and not paid within 30 days of the date upon which such fee was assessed shall be subject to a late charge of one percent per month compoundable until the fee is paid.
(Ord. 709 § 1, 2006)
A. 
Any person receiving a bill for police services provided pursuant to this chapter may, within 15 days after the bill was sent, file a written appeal. Any appeal regarding the billing shall be heard by the city manager or his/her designee.
B. 
After a request for appeal is filed, the city shall withhold collection of the bill until conclusion of the appeal.
C. 
If, after a hearing before the city manager or his/her designee, the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days or be subject to the late charges of Section 11.05.100 of this chapter.
(Ord. 709 § 1, 2006)