A. 
It is unlawful for any minor under the age of eighteen years, or for any parent or guardian of any minor under the age of eighteen years to knowingly permit, or by insufficient control allow, any minor to loiter or remain in or upon any public street, avenue, highway, road, curb area, alley, park, playground, any common area of any school, or other public ground, public place, or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day; provided, however, that the provisions of this section shall not apply:
1. 
When the minor is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
2. 
When the minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older, without any detour or stop; or
3. 
When the minor is traveling directly to, returning directly home from, or attending a public meeting, or a place of public entertainment that is supervised by adults and sponsored by the City of Claremont, a civic organization, or another similar entity that takes responsibility for the minor, such as a movie, play, sporting event, dance, religious activity, or school activity; or
4. 
When the presence of such minor in said public place or places is connected with or required with respect to a business, trade, profession, employment activity or occupation in which said minor is lawfully engaged; or
5. 
When the minor is involved in, or acting in response to, an "emergency," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life, including, but not limited to, a fire, natural disaster, or automobile accident; or
6. 
When the minor is on the sidewalk abutting the minor's residence; or
7. 
When the minor is in a motor vehicle involved in interstate travel; or
8. 
When the minor is emancipated pursuant to law; or
9. 
When the minor is exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech or the right of assembly where the minor is not intentionally exercising such rights solely for the purpose of creating a defense to the enforcement of this section or traveling directly to or returning directly from, without any detour or stop, any such place for the purpose of exercising any such First Amendment rights; or
10. 
Traveling from any activity listed in this section to another activity listed in this section, without any detour or stop.
B. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment, as set forth in subsection A, during the curfew hours set forth in subsection A. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation of this section has occurred and that, based on any responses and other circumstances, none of the exceptions or defenses listed in subsection A are present or applicable. Nothing in this section shall be construed in any way as to limit the power or right of a law enforcement officer(s) to make any investigation, detention or arrest as such law enforcement officer(s) would be permitted to make in the absence of this section.
C. 
Each violation of this section shall constitute a separate offense.
(14-07)
Every minor under the age of eighteen years who violates any provision of Section 9.80.010 is guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure. Every parent, guardian or other person having the legal care, custody, or control of any minor under the age of eighteen years who knowingly and willfully allows such minor to violate any provision of Section 9.80.010 is guilty of a misdemeanor.
(14-07)
A. 
It is unlawful for any minor under the age of eighteen years who is subject to compulsory education or compulsory continuation education, whether alone or in concert with others, to loiter or remain in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place when the student's school site is in session, provided, however, that the provisions of this section shall not apply when:
1. 
The minor is accompanied by his or her parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
2. 
The minor is on an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older; or
3. 
The minor is traveling directly to, returning directly home from, or attending a school sponsored public meeting, such as a school sponsored movie, play, sporting event, dance or other school activity; or
4. 
The minor is present in said public place or places connected with or required with respect to a business, trade, profession, employment activity or occupation in which said minor is lawfully engaged or when the minor is traveling directly to or from a medical appointment; or
5. 
When the minor is involved in, or acting in response to, an "emergency," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life, including, but not limited to, a fire, natural disaster, or automobile accident; or
6. 
The minor has permission to leave his or her school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit or other proof of such permission if such proof of permission is required by the school; or
7. 
The minor is authorized to be absent from school pursuant to the provisions of California Education Code Section 48205, 48222, or 48224 or any other applicable State or Federal law, including, but not limited to, laws authorizing private schooling or private schooling at home; or
8. 
The minor is emancipated pursuant to law; or
9. 
The minor is in a motor vehicle involved in interstate travel; or
10. 
The minor is exercising his or her First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech or the right of assembly where the minor is not intentionally exercising such rights solely for the purpose of creating a defense to the enforcement of this section or traveling directly to or returning directly from, without any detour or stop, any such place for the purpose of exercising any such First Amendment rights; or
11. 
Traveling from any activity listed in this section to another activity listed in this section, without any detour or stop.
B. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment, as set forth in subsection A, during school sessions as set forth in subsection A. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that a violation of this section has occurred, that the minor is supposed to be in school, and that, based on any responses and other circumstances, none of the exceptions or defenses listed in subsection A are present or applicable. Nothing in this section shall be construed in any way as to limit the power or right of a law enforcement officer(s) to make any investigation or detention as such law enforcement officer(s) would be permitted to make in the absence of this section. Any such law enforcement officer(s) may issue a citation to any minor found to be in violation of this section and may detain any such minor, until the minor can be placed in the custody and care of a parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older.
C. 
Each violation of any provision of this section shall constitute a separate offense and shall be an infraction, cited into juvenile traffic court in accordance with Sections 256 and 602 of the State of California Welfare and Institutions Code.
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If any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(14-07)