(Legislative History: Ordinance No. 2012-012, 9/4/12 (Sections 4-1-300—4-1-320))
As used in this Article, the following words and phrases shall mean:
"Emergency"
shall mean any unforeseen combination of circumstances or the resulting state thereof that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, explosion, or any situation that requires immediate action to prevent loss of life or serious bodily injury, including, but not limited to, any 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.
"Establishment"
shall mean any privately owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
"Guardian"
shall mean: (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
"Loiter"
shall mean to delay an activity, errand or journey with aimless idle stops and purposeless distractions, to remain in place in an idle manner, or to hang around aimlessly or without real necessity.
"Minor"
means any person under 18 years of age.
"Parent"
shall mean a person who is a natural parent, adoptive parent or step-parent of a minor.
"Public place"
shall mean any place or ground to which the public or a substantial group of the public has access and includes, but is not limited to, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Responsible adult"
shall mean a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.
(a) 
It is unlawful for any minor who is subject to compulsory education or compulsory continuation education to loiter, wander, stroll, or play in or upon any public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8:00 a.m. to 3:00 p.m. of that same day, on days when the minor's school is in session.
(b) 
There is a rebuttable presumption that the minor's school is in session on days when school facilities within the City of San Leandro are held open for the compulsory education or compulsory continuation education of all minors.
(c) 
It is a defense to subsection (a) of this section that the minor was:
(1) 
Accompanied by his or her parent, guardian or other responsible adult having care or custody of the minor; or
(2) 
On an emergency errand directed by his or her parent, guardian or other responsible adult having care or custody of the minor; or
(3) 
Going or coming directly to or from his or her place of gainful employment or to or from a health care appointment; or
(4) 
Permitted to leave the school for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or
(5) 
Going or coming directly to or from a school-approved or school-related business, trade, profession, occupation or program in which he or she is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority; or
(6) 
Exempt by Federal or State law from compulsory education or compulsory continuation education; or
(7) 
Authorized to be absent from his or her school under the provisions of Section 48205 of the California Education Code, applicable Federal or State law or a school absence policy permitted under the foregoing laws; or
(8) 
Going directly to or from an event or activity that is directly related to any medical condition of a parent or other responsible adult having the care or custody of the minor; or
(9) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, or going to or returning home therefrom, without any detour or stop; or
(10) 
Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop.
(a) 
It is unlawful for any unemancipated minor to loiter, wander, stroll or play in or upon any public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the following day.
(b) 
It is unlawful for any parent or guardian of an unemancipated minor to knowingly permit or, by insufficient control, to allow the minor to loiter in or upon any public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the following day.
(c) 
It is a defense to subsections (a) and (b) that the minor was:
(1) 
Accompanied by his or her parent, guardian or other responsible adult having care or custody of the minor; or
(2) 
On an errand at the direction of his or her parent, guardian or other responsible adult having care or custody of the minor, without detour or delay; or
(3) 
In a motor vehicle involved in intrastate or interstate travel, and such driving does not constitute loitering or wandering; or
(4) 
Engaged in employment, or going to or returning home from employment, without detour or delay; or
(5) 
Involved in an emergency; or
(6) 
On the sidewalk adjacent to his or her residence, provided that the minor is not otherwise violating the law; or
(7) 
Attending an official school, religious, or other recreational activity supervised by a responsible adult and sponsored by the City of San Leandro, a civic organization or other similar entity that takes responsibility for the safety of the minor; or going to or returning home from an official school, religious or other recreational activity supervised by a responsible adult and sponsored by the City of San Leandro, a civic organization or other similar entity that takes responsibility for the safety of the minor, without detour or delay; or
(8) 
Emancipated pursuant to law; or
(9) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, or going to or returning home therefrom, without any detour or stop; or
(10) 
Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop.
(a) 
Prior to any enforcement action under this Article, a police officer shall ask the apparent offender to provide:
(1) 
A form of government-issued or school-issued identification belonging to him or her, or a statement of his or her age; and
(2) 
A reason for him or her to be in or upon the public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the curfew hours established under this Article.
(b) 
The police officer shall not detain, arrest or issue a citation to the apparent offender unless the police officer reasonably believes:
(1) 
That the apparent offender has violated the provisions of this Article; and
(2) 
That, based on the apparent offender's responses or other circumstances, no rebuttable presumptions or defenses under the provisions of this Article appear to be present or applicable.
(a) 
Each and every violation of this Article shall constitute a separate offense in accordance with Section 1-12-140.
(b) 
Minors who are found to have violated the provisions of this Article shall be dealt with in accordance with juvenile court law and procedure.
(c) 
Any person found to have violated the provisions of this section shall be guilty of an infraction.
(1) 
The fine for this violation shall be Fifty dollars for the first offense, One hundred dollars for the second offense within 12 or fewer consecutive months of the first offense, and Two hundred dollars for the third and additional offenses within 12 or fewer consecutive months from the second offense.
(2) 
In lieu of paying the Fifty Dollar ($50.00) fine, first-time offenders may be assigned to a diversion program which may include five hours of community service with a civic organization located within the City of San Leandro. Upon completion of community service, the minor shall obtain written proof of completion from the civic organization, which shall be subject to verification by the Chief of Police or designee. To meet the requirements of the diversion program, the minor's background shall be reviewed by the Chief of Police to determine eligibility. All second, third, and additional offenders within 12 or fewer consecutive months from the first offense shall be assigned to the diversion program described herein without exception.
(3) 
In the discretion of the Chief of Police, parents of minors who are guilty of a third or additional offenses under subsection (c)(2) above may be required to attend a parenting class, approved and/or provided by the Chief of Police, before any fines or offenses are dismissed in the Chief's discretion.