Chapter 5.10


5.10.010    Purpose and intent.

5.10.020    Definitions.

5.10.030    Offense.

5.10.040    Defenses.

5.10.050    Enforcement.

5.10.060    Penalties.

5.10.070    Severability.

5.10.010 Purpose and intent.

The Millbrae city council finds that a juvenile truancy ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors’ inability to make critical decisions in an informed and mature manner. (Ord. 644-A, § 2; 1976 Code § 5-2.01).

5.10.020 Definitions.

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

“Establishment” means any privately owned place of business operated for 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 minor; or

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

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

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

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

“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, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

“Remain” means to:

1.    Linger, stay or be present; or

2.    Fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. (Ord. 644-A, § 2; 1976 Code § 5-2.02).

5.10.030 Offense.

It is unlawful for any minor who is subject to compulsory full-time education or to compulsory continuation education under state law to remain in any public place or on the premises of any establishment within the city during those hours that the minor’s school is in session. (Ord. 644-A, § 2; 1976 Code § 5-2.03).

5.10.040 Defenses.

It is a defense to prosecution of the above offense that the minor was:

1.    Accompanied by the minor’s parent or guardian or by a responsible adult;

2.    On an errand at the direction of the minor’s parent or guardian or responsible adult, without detour or delay;

3.    Engaged in employment or going to or returning home from employment, without detour or delay;

4.    Involved in an emergency;

5.    On the sidewalk adjacent to the minor’s residence, providing the minor is not otherwise violating the law;

6.    Away from his/her school campus during a time when school is in session for a school-related activity with the permission of school authorities and a valid, school-issued, off-campus permit; or

7.    Attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay. (Ord. 644-A, § 2; 1976 Code § 5-2.04).

5.10.050 Enforcement.

Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and based upon the minor’s responses and other circumstances, no defense under this chapter appears present or applicable. (Ord. 644-A, § 2; 1976 Code § 5-2.05).

5.10.060 Penalties.

Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. (Ord. 644-A, § 2; 1976 Code § 5-2.06).

5.10.070 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council of the city of Millbrae hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. (Ord. 644-A, § 2; 1976 Code § 5-2.07).