Chapter 11.08
RESTRICTIONS UPON LOITERING NEAR PUBLIC SECONDARY SCHOOLS
Sections:
11.08.030 Loitering prohibited.
11.08.080 Power to adopt more restrictive loitering policies.
11.08.010 Purpose.
The purpose of this chapter is to provide students in our community safe passage to and from school, provide a safe learning environment and to discourage violence, drug and alcohol use, gang activity, and gang recruitment within the vicinity of school campuses. [Ord. 12-004.]
11.08.020 Definitions.
As used in this chapter, the following words or phrases shall have the following meanings:
“Campus” shall include all of the contiguous real property owned by a public entity upon which the public entity operates a secondary school occupying all or any portion of said real property.
“Loitering” means to delay, to linger, or to idle about a place without lawful business for being present.
“School functions” means school sponsored activities presented by or for students and/or their families. This includes, but is not limited to, sporting events, lectures and demonstrations, cultural events, fund-raisers, plays, musical events, dances and other recreational facilities.
“School hours” means the duration of time including and between the start of the first class offered and the dismissal of the last class offered on the particular campus, which school is in session.
“Secondary school” means a school operated by a public entity that offers primary instruction to seventh grade through twelfth grade, or any fraction thereof. [Ord. 12-004; Ord. 13-004 § 22.]
11.08.030 Loitering prohibited.
When signs have been posted as provided in DMC 11.08.050, loitering is prohibited within six hundred (600) feet of all secondary school campus property lines. Loitering is prohibited during the following times:
A. Thirty (30) minutes prior to the starting time of school hours;
B. During school hours;
C. One (1) hour after the end time of school hours;
D. Thirty (30) minutes before the starting time of school functions;
E. During school functions;
F. One (1) hour after the end time of school functions. [Ord. 12-004.]
11.08.040 Responsibility.
The City shall supply a written copy of this chapter upon request to any student, parent or guardian, school employee or school administrator, or interested citizen. [Ord. 12-004.]
11.08.050 Posting of signs.
Anti-loitering signs shall be clearly and conspicuously posted at or near the main entrance of each campus, and/or within but not exceeding the six hundred (600) foot parameter around each campus. The signs shall state when loitering is prohibited and that loitering is prohibited by City ordinance. [Ord. 12-004.]
11.08.060 Citation authority.
The Police Chief or his or her designee shall have the authority to issue citations for violation of this chapter. [Ord. 12-004.]
11.08.070 Penalties.
Any person who violates any provision of this chapter shall be subject to a citation, and:
A. Upon first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed sixty-five dollars ($65.00).
B. Upon second violation within one (1) year, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed one hundred fifty dollars ($150.00).
C. Upon third and additional violations within one (1) year, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed five hundred dollars ($500.00), by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. [Ord. 12-004.]
11.08.080 Power to adopt more restrictive loitering policies.
Notwithstanding any other provisions of this chapter, any school administrator may adopt policies relating to loitering around school campuses which are more restrictive than those provided herein. [Ord. 12-004.]