[1]
Editor's Note: Ord. No. 2009-006, § 2, adopted October 6, 2009, in effect, repealed the former Chapter 9.32, §§ 9.32.010—9.32.050, and enacted a new Chapter 9.32 as set out herein. The former Chapter 9.32 pertained to minors and derived from prior code §§ 18.5—18.8; prior code § 18.10 and Ord. No. 42.
A. 
State law requires all persons between the ages of six and eighteen to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the city. Regular school attendance promotes employability upon graduation and reduces delinquency as well as the potential for future dependence upon public assistance.
B. 
The community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places; frequently, persons going about their lawful business as well as public property become targets of the delinquent behaviors of truants when they should be in school.
C. 
It is the intent of the city council of the city of San Pablo, by this chapter and in cooperation and coordination with the West Contra Costa County Unified School District, by the exercise of the city’s traditional police powers and its curfew powers over minors, to establish and enforce a curfew upon minors of school age on school days during the hours between eight a.m. and two p.m., with stated exceptions, in order to provide protection for the community and public property from deleterious effects of truancy. This is not intended to abridge or interfere with the lawful rights of parents or other legal guardians or to contravene or supersede the laws of the state of California dealing with such matters.
D. 
This chapter may be cited as the “San Pablo Youth Protection Ordinance.”
(Ord. No. 2009-006, § 2, 10-6-09)
The authority of this chapter is based upon the police power granted to the city by the Constitution of the State of California, Article XI, Section 7, and separate therefrom, the provisions of California Welfare and Institutions Code Sections 625, 626 and 626.5.
(Ord. No. 2009-006, § 2, 10-6-09)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Emergency”
means an unforeseen combination of circumstances or the resulting state that justifies immediate action. Emergency includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation justifying immediate action to prevent serious bodily injury, loss of life or damage to property.
“Guardian”
means:
1. 
A person who, under court order, is the guardian of the person of a minor and may, under appropriate circumstances, include a person who, under court order, is the guardian of the estate of a minor;
2. 
A public or private agency with whom a youth has been placed by order of a court of competent jurisdiction; or
3. 
A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
“Juvenile”
means any person less than eighteen years of age. “Juvenile” is synonymous with “youth” and “minor.”
“Loiter”
means to delay, to linger or to idle about.
“Minor”
means any person less than eighteen years of age. “Minor” is synonymous with “youth” and “juvenile.”
“Official warning”
means documentation that the minor and/or parent or guardian has been contacted, detained and/or counseled.
“Parent”
means a person who is a natural parent, adoptive parent, or step-parent of a minor.
“Public place”
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, highways, parking lots, private residences left open to the public without the presence of a parent or guardian as a supervisor and the common areas of schools, hospitals, apartment houses, multiple-family dwellings, office buildings, transport facilities, shopping centers, commercial establishments, retail establishments, and shops.
“Remain”
means to loiter, linger or stay, whether on foot or in a vehicle, or fail to leave a public place when requested to do so by a police officer or the owner, operator or person in control of the public place.
“Youth”
means any person less than eighteen years of age and is synonymous with the term “minor” and “juvenile.”
“Youth protection ordinance hours”
shall be from eight a.m. until two p.m. and ten p.m. until five a.m. of the following day.
(Ord. No. 2009-006, § 2, 10-6-09)
It shall be unlawful for any minor subject to compulsory full-time education or to compulsory continuation education to be found away from his or her home between the hours of eight a.m. and two p.m. when absent from school within the city without lawful excuse as defined in Section 9.32.050.
(Ord. No. 2009-006, § 2, 10-6-09)
It shall be permissible for a minor subject to compulsory full-time education or to compulsory continuing education to be found away from his or her home between the hours of eight a.m. and two p.m. under the following circumstances:
A. 
When the minor is accompanied by his or her parent, guardian or other adult person having care or custody of the minor.
B. 
When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having care or custody of the minor.
C. 
When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment.
D. 
When the minor has permission to leave for lunch or school-related activity and has in his or her possession a valid, school-issued, off-campus permit.
E. 
When the minor is going or coming directly to or from a school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.
F. 
When the minor is exempt by law from compulsory education or compulsory continued education.
G. 
When the minor is authorized to be absent from his or her school under the provisions of California Education Code Section 48205, or any applicable state or federal law.
H. 
When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.
(Ord. No. 2009-006, § 2, 10-6-09)
A. 
A violation of any section in this chapter relating to daytime curfew is an infraction and not a misdemeanor.
B. 
The fine for this violation shall be fifty dollars upon a conviction for the first offense, or twenty hours of community service; one hundred dollars upon conviction for the second offense within one calendar year of the first offense; and two hundred dollars upon a conviction for the third offense within one year from the second offense.
C. 
A peace officer or probation officer may assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without a valid excuse and return such minor to their school of registration.
D. 
This section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a) or any other provision of the Juvenile Court Law for violation of this chapter.
E. 
It is the City Council’s Intent that, when made aware of a minor student’s violation of this chapter, the West Contra Costa County School District demonstrate its partnership with the city by taking all required actions.
(Ord. No. 2009-006, § 2, 10-6-09)
A second purpose of this chapter is to provide uniform guidelines to regulate the activity for youth during certain nighttime hours and create a safer environment for the young people of the city. The city council of the city of San Pablo finds that:
A. 
The personality of a community changes during the nighttime hours, particularly after ten p.m. Many areas that are normally considered safe, during daylight and early evening hours, become hazardous during nighttime hours.
B. 
Persons under the age of eighteen may be particularly susceptible, by way of their lack of maturity and experience, to become involved in crimes, either as victims or suspects.
C. 
Crimes committed against and by persons under the age of eighteen, between the hours of ten p.m. and five a.m., are increasing.
D. 
It is necessary to provide an enforcement tool which will assist in providing protection for the youth of the city, during certain nighttime hours, by reducing the likelihood that youth will become victims of criminal activity; reducing the likelihood that youth will become suspects of criminal activity; and by aiding parents and guardians in carrying out their responsibility to exercise supervision of the youth entrusted to their care.
(Ord. No. 2009-006, § 2, 10-6-09)
A. 
It is unlawful for a youth to remain in any public place within the city between the hours of ten p.m. and five a.m.
B. 
It is unlawful for a parent or guardian of a youth to knowingly permit, or by insufficient control, allow the youth to remain in any public place within the city between the hours of ten p.m. and five a.m.
C. 
No person employed by or having control of any cafe, tavern, restaurant, bar, drive-in, public dance, or place of public amusement shall serve or permit the use of the facilities thereof to any minor not accompanied by a parent, guardian, or other adult person having the legal care and custody of the minor between the hours of ten p.m. and five a.m.
D. 
This section shall be interpreted by the police department and courts in a manner so as not to violate First Amendment rights protected by the United States or California Constitutions, such as the free exercise of religion or speech.
(Ord. No. 2009-006, § 2, 10-6-09)
It shall be permissible for a youth to remain in a public place within the city between the hours of ten p.m. and five a.m. under the following circumstances:
A. 
When the youth is accompanied by the youth’s parent or guardian;
B. 
When the youth is on an errand at the direction of the youth’s parent or guardian, without any detour or stop;
C. 
When the youth is in a motor vehicle involved in interstate travel, or other travel not in violation of this chapter;
D. 
When the youth is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. 
When the youth is involved in an emergency;
F. 
When the youth is attending an official school, religious, recreational or social activity, such as a movie, play, dance concert, or sporting event, or going to or returning home from such activity, or inside a commercial establishment actively receiving goods or services;
G. 
When the youth is married, an active member of the United States military, or has been emancipated in accordance with the California Family Code Section 7000;
H. 
When the youth is waiting at an officially designated bus stop or other transit provider stop, during the hours that those modes of transportation function.
(Ord. No. 2009-006, § 2, 10-6-09)
This chapter shall be enforced and administered pursuant to the provisions of the Welfare and Institutions Code Section 625.5(c), 626 and 626.5, subject to the following guidelines:
A. 
Any youth who violates the provisions of this chapter relating to nighttime curfew shall be subject to the following penalties and punishment:
1. 
Upon a conviction for a first violation, the youth shall pay a fine of fifty dollars.
2. 
Upon a conviction of such provisions within one year after conviction for the first violation, the youth shall pay a fine of one hundred dollars.
3. 
Upon a conviction of such provisions within one year after the conviction for the second violation, the youth shall pay a fine of two hundred dollars.
4. 
Any youth who violates the provisions of this chapter relating to nighttime curfew a fourth time shall be guilty of a misdemeanor and subject to the provisions of Chapter 2 of Division 2 of the Welfare and Institutions Code of the State of California.
B. 
Any parent, guardian or other person over the age of eighteen years who knowingly assists, aids, abets, permits or encourages any youth to violate the provisions of this chapter shall be guilty of a misdemeanor.
(Ord. No. 2009-006, § 2, 10-6-09)
This chapter shall be enforced and administered pursuant to the provisions of California Welfare and Institutions Code Sections 625.5(c), 625.5(d), 626 and 626.5, subject to the following guidelines:
A. 
Police personnel shall not detain a youth based upon attire, race or gender.
B. 
Officers shall not take enforcement action under this chapter unless the officer has probable cause to believe that no exemption applies.
C. 
Before taking any enforcement action, a police officer shall ask the apparent offender’s age and reason for being in a public place, to assist the officer in determining if an exemption may apply, or to determine if the youth has a legitimate reason, based on extenuating circumstances, for violating this chapter.
D. 
Officers believing parents or guardians are in violation of this chapter shall evaluate each incident on its own merits.
E. 
Officers shall use appropriate discretion and take into account the totality of the circumstances. Upon a first violation, officers may, but need not, issue a warning citation as set forth in Welfare and Institutions Code section 625.5(d).
(Ord. No. 2009-006, § 2, 10-6-09)