Chapter 9.25
TRUANCY

Sections:

9.25.010    Definitions.

9.25.020    Acts prohibited.

9.25.030    Penalty for violation.

9.25.040    Arrest powers not limited.

9.25.010 Definitions.

For purposes of this chapter, the following definitions shall apply:

“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

“Guardian” means:

(1) A person who, under court order, is the guardian of the person of a minor; or

(2) A public or private agency with whom a minor has been placed by the court.

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

“Parent” means a person who is a natural parent, adoptive parent, or step-parent of another person.

“Public place” means any place, other than a school or continuation school, to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of hospitals, apartment houses, office buildings, transport facilities, and shops.

“Responsible adult” means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

“School hours” means the period between 7:30 a.m. and 2:00 p.m. on days when school is in session.

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (Ord. 1171 § 1, 2000)

9.25.020 Acts prohibited.

(A) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be present in any public place or on the premises of any establishment within the City of Palmdale during school hours.

(B) It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City of Palmdale during school hours.

(C) It is a defense to prosecution under this section when the minor is:

(1) Accompanied by the minor’s parent or guardian, or by a responsible adult; or

(2) Involved in an emergency or is on an emergency errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop; or

(3) In a motor vehicle involved in interstate travel; or

(4) Going or coming directly to or from his or her place of gainful employment without any detour or stop; or

(5) Going or coming directly to or from a medical appointment without any detour or stop; or

(6) Has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or

(7) Exercising First Amendment rights protected by the United States Constitution; or

(8) Emancipated pursuant to law and not otherwise subject to compulsory education.

(D) Before taking any enforcement action under this section, a Police Officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during school hours. The Officer shall not issue a citation or make an arrest under this section unless the Officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under subsection (C) of this section, is present or applicable.

(E) Each violation of this section shall constitute a separate offense. (Ord. 1171 § 1, 2000)

9.25.030 Penalty for violation.

A violation of PMC 9.25.020 shall be punished pursuant to Chapter 1.12 PMC. (Ord. 1171 § 1, 2000)

9.25.040 Arrest powers not limited.

Nothing in this chapter shall be construed as in any way affecting or limiting the power or right of Law Enforcement Officers to make such investigations, detentions, or arrests as the Law Enforcement Officers would be permitted to make had this chapter not been enacted. (Ord. 1171 § 1, 2000)