(a)
"Curfew hours"
(1)
"Guardian"
"Minor"
"Parent"
"Public place"
"Remain"
"Responsible adult"
Definitions.
In this section:
mean:
10:00 p.m. until 5:00 a.m. of the following day.
means:
means any person under 18 years of age.
means a person who is:
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, dedicated open or trail space or any privately owned land
that is unsupervised and is open and generally available to the public,
including, but not limited to, vacant lots, the parking lots and common
areas of schools, hospitals, apartment houses, housing complexes,
shopping centers and malls, and transport facilities.
means to:
means any adult person of at least 21 years of age having
the responsibility for the care, custody, and control of the subject
minor.
(Code 1957, §§ 5211, 5212; Ord. No. 97-16, § 2, 7-2-97; Ord. No. 97-17, § 2, 7-9-97; Ord. No. 2002-23, § 1, 10-9-02; Ord. No. 2012-14, § 2, 6-20-12)
(a)
Offenses.
It is unlawful for:
(1)
A minor to remain in any public place or on the premises of any establishment
within the city during curfew hours;
(2)
A parent or guardian of a minor or responsible adult to knowingly
permit, or by insufficient control allow, the minor to remain in any
public place within the city during curfew hours.
(b)
Defenses.
(1)
It is a defense to prosecution under subsection (a) of this section
that the minor was:
(i)
Accompanied by the minor's parent or guardian;
(ii)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(iii)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(iv)
Involved in an emergency;
(v)
On the sidewalk abutting the minor's residence or abutting the residence
of a next-door neighbor if the neighbor did not complain to the police
department about the minor's presence;
(vi)
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of Escondido, a civic
organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of Escondido, a civic
organization, or another similar entity that takes responsibility
for the minor;
(vii)
Engaged in a bona fide exercise of the minor's First Amendment
rights protected by the United States Constitution, such as the free
exercise of religion, freedom of speech, and the right of lawful assembly.
(Code 1957, § 5216; Ord. No. 75-4, § 16, 2-13-75; Ord. No. 97-16, § 3, 7-2-97; Ord. No. 97-17, § 3, 7-9-97)
(a)
Enforcement.
Before taking any enforcement action under this section, a police
officer shall ask the alleged offender's age and reason for being
in the public place. That 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 response and other
circumstances, no defense in section 17-55(b) of this article, is
present.
(b)
Penalties.
(1)
A person who violates a provision of this chapter is guilty of an
infraction. Each offense, upon conviction, is punishable by a fine
not to exceed the amount set forth in Escondido Municipal Code section
1-17.
(2)
When required by law, the municipal court shall waive original jurisdiction
over a minor who violates section 17-55(a) of this article and shall
refer the minor to juvenile court.
(Code 1957, § 5214; Ord. No. 97-16, § 4, 7-2-97; Ord. No. 97-17, § 4, 7-9-97)
(a)
It
is unlawful for any minor of age 12 to 17 who is subject to compulsory
education or to compulsory continuation education to loiter, idle,
wander, or be in or upon the public streets, highways, roads, alleys,
parks, playgrounds, or other public grounds, public places, public
buildings, or the premises of any establishment, vacant lots or any
unsupervised public place on days and at times when said minor's school
is in session.
(b)
A
minor's presence in such location is not unlawful, however:
(1)
When the minor is accompanied by his or her parent or other adult
having the care or custody of the minor;
(2)
When the minor is on an emergency errand directed by his or her parent
or other adult having care or custody of the minor;
(3)
When the minor is going to, or coming directly from, his or her place
of school-approved employment;
(4)
When the minor is going to, or coming directly from, a medical appointment;
(5)
When the minor 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 minor is going to, or coming from a compulsory alternative
education program activity;
(7)
When the minor is attending or, without detour or stop, going to
or returning from a school, religious, government-sponsored activity,
or other recreational activity supervised by adults;
(8)
When the minor is attending or, without detour or stop, going to
or returning from an event or activity directly related to the medical
condition of a sibling or parent;
(9)
When the minor is enrolled in a private school or "home school" qualified
under California Education Code Section 48222; or
(10)
When the minor has passed a general educational development test
and received a California high school equivalency certificate.
(Ord. No. 2005-08, § 1, 8-17-05)
It is unlawful for the parent of any minor to knowingly permit
or, by insufficient control, to allow the minor to be in violation
of section 17-57(a) of this article.
(Ord. No. 2005-08, § 1, 8-17-05)
(a)
Upon
any violation of section 17-57(a) of this article, a peace officer
may detain the minor until he or she can be placed in the care and
custody of his or her parent, may transport the minor to his or her
home or to the school from which the minor is absent, and may issue
a citation to the minor. If cited, the minor and a parent or legal
guardian shall appear in court as directed on the citation. The parent
or legal guardian shall be advised that the minor was cited for a
violation of Escondido Municipal Code section 17-57(a). The parents
shall be warned of their responsibility and liability as the minor's
parents.
(b)
After a parent has been previously warned as set forth in subsection (a) of this section, upon a parent's violation of section 17-58 of this article anytime thereafter, a peace officer may issue the parent a citation to appear in court.
(c)
When a parent has previously been issued a citation for an infraction pursuant to subsection (b) of this section, upon any subsequent violation by a parent of section 17-58 of this article, a peace officer may issue a citation for a misdemeanor to the same parent of the minor to appear in court.
17-59
(Ord. No. 2005-08, § 1, 8-17-05)
(a)
Any
person convicted of an infraction for a violation of section 17-57(a)
or 17-58 of this article may be punished by a fine not exceeding $250
plus court fees, or by a requirement to perform county, city, or school-approved
work projects or community service, or both. If required to perform
a work project, the total time for performance shall not exceed 20
hours over a period not to exceed 60 days, at such times other an
a minor's hours of school attendance or a minor or parent's hours
of employment.
(b)
Any
parent convicted of a misdemeanor violation of section 17-58 of this
article may be punished by imprisonment in the county jail for a period
of time not exceeding six months, or by a fine not exceeding $1,000,
or both.
(Ord. No. 2005-08, § 1, 8-17-05)
