The following definitions shall apply to this chapter:
"Emergency"
means an unforeseen circumstance or circumstances or the
resulting situation that calls for immediate action to prevent serious
injury, loss of life, or serious property damage. The term includes,
but is not limited to, a fire, natural disaster, or vehicle accident.
"Guardian"
means:
(1)
A person who is the guardian of the person of a minor pursuant
to a court order; or
(2)
A public or private entity with whom a minor has been placed
by a court order; or
(3)
A person who is at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a minor.
"Minor"
means a person under the age of 18 years.
"Parent"
means a person who is a natural parent, adoptive parent,
or step-parent of a minor.
"Public place"
means:
(1)
Any out-of-door area to which the public or a substantial group
of the public has access, including, but not limited to, streets,
highways, sidewalks, alleys, parks, playgrounds, or other public grounds;
and
(2)
The out-of-doors common areas, such as entry ways and parking
lots, of businesses to which the public is invited, including, but
not limited to,, any place of amusement, entertainment, or recreation.
"School"
means an elementary school, junior high school, four-year
high school, senior high school, opportunity school, continuation
high school, regional occupational center, or technical high school
that is either a public school as created under the
Education Code
or a private full-time day school operating pursuant to Education
Code Section 48222.
(Ord. 1624 § 2, (2000))
It is unlawful for any minor under the age of 17 years to be
in any public place within the city between the hours of 8:30 a.m.
and 2:00 p.m., Monday through Friday, except as provided in 10.25.030
below.
(Ord. 1624 § 2, (2000))
A minor shall not be in violation of Section
10.25.020 if at the time that the minor was detained by a peace officer, the minor was:
(a) Not obligated to be in the school at which the minor may be enrolled
because the school is on holiday or vacation period; or
(b) Accompanied by the minor's parent or guardian; or
(c) Attending or going to or returning home, without unnecessary detour
or stop, from a school, religious, cultural, sports, amusement, entertainment,
or recreation activity, or any organized rally, demonstration, meeting,
or similar activity; or
(d) Driving or riding in a motor vehicle or publicly owned transportation;
or
(e) Engaged in lawful volunteer or paid employment activity, or going
to or returning home from a lawful volunteer or paid employment activity,
without unnecessary detour or stop; or
(f) Acting in response to an emergency; or
(g) On the sidewalk abutting the minor's residence or abutting the residence
that is immediately adjacent to the minor's residence; or
(h) On an errand at the direction of the minor's parent or guardian,
without unnecessary detour or stop; or
(i) Waiting at a train or bus station or stop for transportation; or
(j) Emancipated in accordance with California law; or
(k) In possession of written permission or a permit from the school in
which the minor is enrolled to leave the school campus, or a written
leave of absence to be away from the school; or
(l) On a lunch period for which the school at which the minor may be
enrolled authorizes absence from campus.
(Ord. 1624 § 2, (2000))