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)