Chapter 4.7 Restrictions Applicable to Minors
4.7.10 Purpose of this Chapter
The purpose of this Chapter is to establish regulations for minors to ensure that curfews are adhered to and that regulations governing truancy are enforced.
4.7.20 Curfew for Minors
The following curfew regulations are applicable to minors.
A. Prohibited Act. It is unlawful for any minor under the age of 18 years to be present in a "public place," as defined in Subsection B of this Section between the hours of 10:00 p.m. on any given day and sunrise of the immediately following day unless the minor satisfies one of the exemptions specified in Subsection C of this Section.
B. Restricted Areas. Minors are prohibited from visiting any public place during those hours when the curfew is in force. For purposes of this Chapter, a "public place" means any place to which the public or a substantial group of the public has access, including, but not limited to, any public street, sidewalk, avenue, highway, road, curb area, alley, park, playground, or other public ground or public building, any common area of any school, hospital, apartment house, office building, transport facility, or shop, or any privately-owned place of business operated for a profit to which the public is invited, including any place of amusement, entertainment, or eating place.
C. Exemptions. The provisions of this Chapter shall not apply when a minor satisfies any of the following:
1. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of the minor.
2. The minor is on an errand at the direction of the minor’s parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of the minor.
3. The minor is traveling to, or directly home from, a place or places that is connected with or required by a business, trade, profession or occupation in which such minor is lawfully engaged.
4. The minor is involved in an "emergency situation," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life.
5. The minor is within 50 feet of the front door of his or her residence.
6. The minor is present at, or traveling to or directly home from, a school, religious or recreational activity supervised by adults and sponsored by a school, religious or civic organization or other similar entity or organization that assumes responsibility for the minor.
7. The minor is present at, or traveling to or directly home from, a political fundraiser, rally or other political activity, or is otherwise exercising his or her First Amendment rights protected by the United States Constitution, provided that any such political event or other First Amendment-type activity is supervised by adults and/or sponsored by a political organization.
8. The minor is present at, or traveling to or directly home 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 the minor’s school.
9. The minor has entered into a valid marriage, is on active duty with the armed forces of the United States or is legally emancipated.
4.7.30 Daytime Restrictions for Minors
It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to be "absent from school and found in a public place," unless the minor has one of the valid excuses specified in Subsection B of this Section.
A. Restrictions Defined. For purposes of this Chapter, a minor is "absent from school and found in a public place" if said minor is found idling, wandering, strolling, playing, or aimlessly driving or riding about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, or any place open to the public during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when the minor’s school is in session.
B. Valid Excuses. The provisions of this Chapter shall not apply when a minor meets one of the following exceptions:
1. 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 the minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’s absence from school.
2. 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.
3. 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.
4. The minor is going to or returning directly from a medical appointment.
5. The minor has permission to leave the school campus and said minor has in his or her possession a valid, school-issued, Off-Campus Permit.
6. 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.
7. The presence of the minor in a place that is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the minor is lawfully engaged.
4.7.40 Violations/Penalties
Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor that shall be punishable pursuant to the procedures set forth in Article 8. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits, or by insufficient control allows, a minor to violate the restrictions of this Chapter is guilty of a misdemeanor.