Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 010 Definitions.

Unless the context clearly indicates otherwise, the terms used in this Chapter will be defined as follows:

“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including without limitation, places of amusement or entertainment, retail stores and eating places.

“Guardian” means a person who, under court order, has legal charge or custody of a minor.

“Minor” means any person under eighteen (18) years of age.

“Public Street” means any public street, highway, road, avenue, sidewalk, alley, parkway or other right-of-way.

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 020 Prohibited act.

It shall be unlawful for any minor to be present in or remain in or upon any public street, public place, or any establishment, vacant lot or other unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor’s school is in session. It shall also be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the City during these daytime curfew hours.

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 030 Exemptions.

The provisions of this Chapter shall not apply under any one of the following circumstances:

A. 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 said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’ s absence from school;

B. 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;

C. The minor is upon an emergency errand directed by said minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor;

D. The minor is going to or returning directly from a medical appointment;

E. The minor has permission to leave campus and said minor has in his or her possession a valid, school-issued, off-campus permit;

F. 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 said minor’s school;

G. The presence of the minor in said place or places is connected with or required by a school-approved or school-related business, trade, profession or occupation in which said minor is lawfully engaged;

H. The minor, due to split sessions or year round school, is not required at the time he or she is found, to be in attendance at school;

I. When the minor is exempt by law from compulsory education or compulsory continuation education;

J. When the minor is authorized to be absent from his school pursuant to the provisions of California Education Code Section 48205 or any other applicable State or Federal law;

K. The minor is emancipated pursuant to law;

L. The minor is in a motor vehicle involved in interstate travel; or

M. The minor is engaged in an activity protected by the United States or California constitutions.

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 040 Infraction – Penalty.

Violation of this Chapter shall constitute an infraction punishable by a fine as provided for in Section 1.12.010(B) of this Code.

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 050 Hearing requirement-Parental obligation to attend.

A minor cited for an infraction for violation of a provision of this Chapter must attend a court hearing on the infraction and must be accompanied at the hearing by all of the persons (or person) having the legal care or custody of said minor. If any such person 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 said person directing said person to appear at the continued hearing with the minor.

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page

9.32. 060 Penalty may be set aside for first infraction.

Notwithstanding the provisions of this chapter, the court may set aside the fine imposed by this Chapter, 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:

A. The minor has had no unexcused absences from school; and, as directed by the court, either or both of the following:

B. The minor has performed ten (10) hours of court-approved community service during times other than said minor’s hours of school attendance; and/or

C. The minor’s parent(s), legal guardian(s), or other adult person(s) who have 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. (Ord. 04-1244, Oct. 2004)

Back to HomePage | Back to Code Index | Back to Welfare Index | Top of Page