Between the hours of twelve midnight and the time of sunrise immediately following, no minor under the age of 18 years shall unless accompanied by the minor's parent or guardian or spouse over the age of 21 years of age, loiter, idle, loaf, stand idly by or walk, drive or ride about aimlessly, without lawful purpose, about the public streets, avenues, alleys, parks, or other public places (such as shopping centers, public buildings, public grounds, parking lots, parks and playgrounds) which are not at the time open for business or recreation.
(Prior code § 4137)
No parent, guardian, or other person having the legal care, custody, or control of any minor under the age of 18 years shall knowingly aid, abet, or encourage such minor to violate any provision of this chapter.
(Prior code § 4138)
A. 
Prohibited Act.
1. 
It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to be "absent from school and found in a public place," as defined in subsection (A)(2) of this section, unless the minor has one of the valid excuses specified in subsection B of this section.
2. 
For purposes of this chapter, a minor is "absent from school and found in a public place" if the minor is found idling, wandering, strolling, playing or aimlessly driving or riding about 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, or any place open to the public during the hours of eight-thirty a.m. and one-thirty p.m. of the same days when the minor's school is in session.
B. 
Valid Excuses.
1. 
The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor, which excuse provides a reasonable explanation, as determined by the court, for the minor's absence from school;
2. 
The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor;
3. 
The minor is upon an emergency errand directed by the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor;
4. 
The minor is going to or returning directly from a medical appointment;
5. 
The minor has permission to leave campus and the minor has in his or her possession a valid, school-issued, off-campus permit;
6. 
The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor's school; or
7. 
The presence of the minor in the place or places is connected with or required by a school-related business, trade, profession or occupation in which the minor is lawfully engaged.
C. 
Infraction—Penalty. Any violation of subsections A and B of this section shall constitute an infraction punishable in such a manner and to such extent as provided by Section 1.16.010(B) of this code.
D. 
Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under this chapter must attend a court hearing on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor. If any such parental or custodial person(s) 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 the parental or custodial person(s) directing the person(s) to appear at the continued hearing with the minor.
E. 
Penalty May be Set Aside for First Infraction. Notwithstanding Section 1.16.010, the court may set aside the fine impose, or any portion thereof, if the fine is based on the minor's first infraction under this chapter and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:
1. 
The minor has had no unexcused absences from school; and
2. 
The minor has performed 10 hours of court-approved community service during times other than the minor's hours of school attendance; or
3. 
The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor has or have attended a parenting class or a series of parenting classes approved by the court.
(Prior code § 4139; Ord. 161 § 2(A)—(E), 1997)