Chapter 40.62
DAYTIME LOITERING OF JUVENILES ON SCHOOL DAYS
Sections:
40.62.030 Daytime loitering of juveniles in public places on school days.
40.62.040 Parental responsibility.
40.62.050 Enforcement procedure.
40.62.010 Purpose.
The purpose of this chapter is to reduce the incidence of juvenile truancy that plagues our schools and creates a burden upon the health, safety and welfare of the community. Students who are absent from school are denied an education; unexcused absences result in a loss of State and Federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts, or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; further, some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the student’s truancy. As a result, therefore, the City Council of the City of Coronado finds and determines that a special need exists for the adoption of an ordinance to prohibit truancy of any juvenile under the age of 18, who is subject to compulsory education or to compulsory continuation education, with certain specific exceptions set forth herein. In addition, the City Council desires to discourage parents from permitting, or by insufficient control, allowing such truancy. It is further the intent of the City Council to provide appropriate criminal sanctions against any juvenile or parent who violates the provisions of this chapter.
40.62.020 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
A. “Adult” means any person 21 years of age and older.
B. “Emergency” includes but is not limited to fire, natural disaster, automobile accident, or requirement for immediate medical care for another person.
C. “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.
D. “Juvenile” means any person under 18 years of age.
E. “Parent” means a person who is the natural or adoptive parent of a person. “Parent” includes a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by a court appointed guardian to have the care and custody of the person.
F. “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, highways, and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls.
40.62.030 Daytime loitering of juveniles in public places on school days.
A. It is unlawful for any juvenile who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon any public place, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 2:00 p.m. on any day when school is in session for that juvenile, except as otherwise provided in subsection B of this section.
B. A juvenile is not in violation of subsection A of this section:
1. When the juvenile is accompanied by his or her parent or other adult having the care or custody of the juvenile;
2. When the juvenile is on an emergency errand directed by his or her parent or other adult having care or custody of the juvenile;
3. When the juvenile is going to, or coming directly from, his or her place of school-approved employment;
4. When the juvenile is going to, or coming directly from, a medical appointment;
5. When the juvenile has permission to leave the school campus for lunch;
6. When the juvenile is going to, or coming from, a compulsory alternative education program activity;
7. When the juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults;
8. When the juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent;
9. When the juvenile is officially enrolled in home schooling;
10. When the juvenile has passed a general educational development test and received a California high school equivalency certificate;
11. When the juvenile is on the campus of the school to which the juvenile is assigned and enrolled.
40.62.040 Parental responsibility.
It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of CMC 40.62.030(A).
40.62.050 Enforcement procedure.
A. With probable cause to believe there is a violation of CMC 40.62.030(A), a Peace Officer may issue a citation to the juvenile and may detain the juvenile until he or she can be placed in the care and custody of his or her parent or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parents shall be advised of the fact that the juvenile was cited for a violation of CMC 40.62.030(A). The parents shall be warned of their responsibility and liability as the juvenile’s parents.
B. If a parent has been previously warned as set forth in subsection A of this section, upon a parent’s first violation of CMC 40.62.040, a Peace Officer may issue a citation for an infraction to the parent to appear in court.
C. When a parent has previously been issued a citation for an infraction as set forth in subsection B of this section, upon any subsequent violation by a parent of CMC 40.62.040, a Peace Officer may issue a citation for a misdemeanor to the parents of the juvenile to appear in court.
40.62.060 Penalties.
A. Any person convicted of an infraction for violation of CMC 40.62.030(A) or 40.62.040 may be punished by a fine not exceeding $100.00 for the first offense, $200.00 for the second offense, or $550.00 for a third offense, or by a requirement to perform County, City, or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, during times other than a juvenile’s hours of school attendance or a juvenile or parent’s hours of employment.
B. Any parent convicted of a misdemeanor violation of CMC 40.62.050(C) may be punished by imprisonment in the County Jail for a period of time not exceeding six months, or by a fine not exceeding $1,000, or by both.