A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way or any entrance to a public place open for pedestrian travel or otherwise occupy any portion thereof in such a manner as unreasonably to annoy or molest any pedestrian thereupon or as to obstruct or unreasonably interfere with a free passage of pedestrians.
[Added by Ord. 99-4]
A.
Definitions. The following definitions are applicable to this Section:
1. CURFEW HOURS
Means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.
2. EMERGENCY
Means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.
3. PLACE
Means any unimproved land, improved land including buildings or structures located thereon but does not include the home, residence or place where the minor resides, whether on a permanent or temporary basis, or any building used or occupied as a residence.
6. OPERATOR
Means any individual, firm, association, partnership or corporation operating, managing or conducting any place or public place.
8. RESPONSIBLE ADULT
Means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor, whether on a permanent or temporary basis.
9. PUBLIC PLACE
Means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, buildings, transportation facilities, shops, stores or other places of business.
B.
Offenses. Except as provided in Section C, it is unlawful for:
1.
Any minor to remain in any public place or on the premises of any place, as defined herein, within the city during curfew hours, or
2.
Any parent, guardian, or other person having legal care, custody, or control of a minor, to knowingly permit or by insufficient control allow, the minor to remain in any public place or on the premises of any place, as defined herein, within the city during curfew hours, or
3.
Any owner, operator or employee of a place to knowingly permit a minor to remain in or upon the premises of any place, as defined herein, during curfew hours.
C.
Defenses. Exempt from the aforementioned definition of offenses are the following:
1.
Any of the following is a defense to prosecution of the above offenses:
(a)
That the minor is accompanied by the minor's parent or guardian or by a responsible adult;
(b)
Where the minor produces reasonable evidence that he or she is on an errand at the direction of the minor's parent or guardian or other responsible adult, and that he or she is proceeding without detour or delay;
(c)
The minor has in his or her possession a written excuse from his or her parent or guardian or responsible adult;
(d)
That the minor is engaged in employment, or going to or returning home from employment, without detour or delay;
(e)
That the minor is involved in an emergency;
(f)
The minor is going directly to or returning home directly from an official school, religions or other adult-supervised recreational activity or 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 school-approved or sponsored by the city, a civic organization or other similar entity responsible for the temporary supervision of the minor, and provided further that the minor is going to or returning home from such an activity, without detour or delay;
(g)
That the minor is 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 in a public place under control of a responsible adult or under adult supervision;
(h)
The presence of such minor in said place or public place is in connection with a business, trade, profession or occupation in which the minor is lawfully engaged; or
(i)
That the minor is emancipated pursuant to law.
[Added by Ord. 96-8; amended by Ord. 99-4; Ord. 2008-4]
A.
It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to drive or ride about in a vehicle, in or upon any public street, avenue, highway, road, curb area, alley, or be present in any park, playground or other public ground, public place or public building or residential neighborhood, place of amusement or eating place, vacant lot or abandoned or vacant building between the hours of 8:00 a.m. and 2:30 p.m. of the same day on days when the minor's school is in session, except as hereinafter provided. School as used herein has reference to the actual school the minor is assigned to under the State of California Compulsory Education System or the school to which he should be assigned to and otherwise attending pursuant to the State of California Compulsory Education System. This Section does not apply when:
1.
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, or by his or her spouse eighteen years of age or older;
2.
The minor is upon an errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor, or by his or her spouse 18 years of age or older, which is either an emergency, or verified by written instructions or telephone; or
3.
The minor has in his or her possession a written excuse from his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor, or from his or her spouse eighteen (18) years of age or older; or
4.
The minor has permission to leave campus and has in his or her possession a valid, school-issued, off-campus permit; or
5.
The minor is going directly 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
6.
The minor is going directly to or coming directly from a medical appointment or his or her place of lawful employment; or
7.
A minor carrying an identification card establishing pursuant to Article 3 commencing with Section 48220 of the California Education Code that said minor is exempt from the requirements of compulsory education at a public full-time day school. The card shall identify the basis of exemption under said Article 3 and shall be signed by an official of the governing board of a school district, or by the attendance supervisor of a school district or other person designated by a Board of Education or by a person in charge of a private full-time day school, or a qualified tutor pursuant to Education Code Section 48224 or such other person authorized by the Education Code to grant exemptions to the requirements of compulsory education; or
[Added by Ord. 99-4]
8.
The presence of such minor in said place or places is connected with, or required to, a business, trade, profession or occupation in which the minor is lawfully engaged; or
9.
During such time the minor is not required to be in school.
[Added by Ord. 96-8]
Every parent, guardian or other person having legal care, custody or control of any person under the age of eighteen (18) years who allows or permits such a person to violate any provision of this Part is guilty of an infraction.
[Added by Ord. 96-8]
Notwithstanding any other provision of this Code, a violation of Sections 4251 and 4251.1-4251.3 shall constitute an infraction punishable by a fine not to exceed $250.00. The court may set aside the fine imposed by this Part or any portion thereof if the fine is based on the minor' s first infraction under this Part 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:
A.
The minor has had no additional violations of said Sections; and
[Amended by Ord. 99-4]
B.
The minor has performed ten (10) hours of court-approved community service during times other than said minor' s hours of school attendance; or
C.
The minor' s parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of said minor has or have attended a parenting class or a series of parenting classes approved by the court.
Notwithstanding any other provisions of this code, when a person under the age of eighteen (18) years is charged with a violation of this Part and a peace officer issues a notice to appear in the Superior Court to the minor pursuant to Welfare & Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare & Institutions Code.
No person shall trespass in, upon, on or across the property of another, without the permission and consent of the person in charge or control thereof, provided that such person shall have posted at each of the corners of the property, a notice in writing, upon either a metallic or wooden sign, or other substantial material, which said sign shall be at least one square foot in area, and shall be placed three feet above the normal level of the ground, and upon which said posted notice there appears in legible letters, at least two inches in height, the words, "PRIVATE PROPERTY - NO TRESPASS," and such other words as may be desired indicating the trespassers are subject to prosecution. The sign shall have either a white or black base, and in the event the white base is used, the letters shall be in black, and if black is used, the letters shall be in white; provided further that in the event said property exceeds a total area of one acre, in addition to the posting of such notices at the corners thereof, there shall be posted at intervals of three hundred (300) feet, or less, on or near the boundary lines of said property, notices of similar character.
These provisions shall have no application to a trespass committed by an officially authorized peace officer or law enforcement agent when such trespass is committed in the execution of such officer or agent's official duty, nor to any person visiting or calling at the residence or place of business of another person for the purpose of transacting any legitimate business.
[Added by Ord. 78-11]
A person shall not park any vehicle, whether attended or unattended, in any private driveway or upon any public or private property, except a highway, without the express or implied consent of the owner or person in lawful possession of such driveway or property. This action does not prohibit any act, expressly authorized or expressly prohibited by either Section 602 of the Penal Code, or Section 21113 of the Vehicle Code of the State of California, or by any other State law.
[Added by Ord. 80-15]
No person shall enter on or remain on any park or recreation facility, land, building or improvement owned by or maintained or operated by the City between the hours of 11 o'clock P.M. and the time of sunrise of the following day and who is not required by his employment to be on said facility. No person shall enter on or remain on any park or recreation facility, land, building or improvement owned by or maintained by the County of Los Angeles and located within the City of Lakewood during such hours said facility is closed to the public use by posted notice or other direction of the County and who is not required by his employment to be on said facility. This section shall be inapplicable during such time said facility is open to the public use by written order or direction of the City or County.
[Added by Ord. 2004-6]
A.
Criminal Street Gang. Criminal street gang means an ongoing organization, association, or group of three or more persons, whether formal or informal, of which at least one member of said group has committed one or more of the criminal acts enumerated in Paragraphs 1 (to Paragraphs 25) inclusive of subdivision (e) of Section 186.22 of the California Penal Code and have a common name or common identifying sign or symbol.
B.
Public Place. Public Place means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground, or other public ground or public building, in any common area of a school, hospital, apartment house, office building, transport facility, shop, privately-owned place of business, to which the public is invited, including any place of amusement, entertainment, or eating place. Any "public place" also includes the front yard, driveway, and walkway of any private residence, business or apartment house.
C.
Prohibited Acts. It is unlawful for any person who is a member of a "criminal street gang" or who is in the company of acting in concert with a member of a criminal street gang to loiter or idle in a public place as defined herein under any of the following circumstances:
1.
With the intent to publicize a criminal street gang's dominance over certain territory by signs, clothing, insignia, display of gang name, or other actions; or
2.
Where one or more members of the gang present is a known unlawful drug user, possessor, or seller. For the purpose of this section, a "known unlawful drug user, possessor or seller," is a person who has, within the knowledge of the arresting officer, been convicted in any court within this State of any violation involving the use, possession, or sale of any drug or narcotic substances made illegal by state law, or such person has been convicted of any violation of any of the provisions of the State Penal Code or Health & Safety Code or substantially similar laws of any political subdivision of this State or of any other state, or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks," or a person who possesses drug paraphernalia as defined in the Health & Safety Code; or
3.
At least one member of the gang present fits one or more of the following descriptions:
(a)
Such person is currently subject to an order prohibiting his or her presence in the location of which the gang is found.
(b)
Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaging in unlawful activity; or
(c)
Such person is physically identified by the officer as a member of a gang or association which has its purpose in illegal drug or other illegal activity.
(d)
Such person transfers small objects or packages for currency in a furtive fashion.
(e)
Such person takes flight upon the appearance of a police officer.
(f)
Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug activity.
4.
Or, the area involved is by public repute known to be an area of unlawful drug use and trafficking; or
5.
The premises involved are known to have been reported to law enforcement as a place suspected or gang warfare or drug activity.
[Added by Ord. 2004-6]
Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention, or arrest as such law enforcement officer would be permitted to make in the absence of this section.
[Added by Ord. 2004-6]
Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have care and custody of a minor, who knowingly permits or by insufficient control allows a minor to associate in a criminal street gang is guilty of a misdemeanor.